Contract - CDM Smith, Inc. - 8/12/2021ROUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: CDM SMITH INC.
ADDRESS: 9430 Research Boulevard, Suite 1-200, Austin, TX 78759
PROJECT: Water Treatment Plant Pressure Relief Valves
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
("Engineer")
THLS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the (Z-Wday of 12021 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporatio whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vil) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Time and Materials Engineering Services Contract Rev. 08/ 19
0199.202115;00475738 00296523
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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
CITYSERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein i*n
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule,, Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D.
Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subconsultant,, Payment of monies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of One Hundred Twenty -Three Thousand Five Hundred Eighty -Two and
No/100 Dollars, ($123,582. Engineer shall prepare and submit to City monthly progress reports in
sufficient detail to support the progress of the work. and to su.port invoices requesting monthly payment.
Any preferred format of City for such monthly progress reports shall be identified I*n Exhibit B entitled
"Engineering Services". Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only i*f approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and pable within thirty (30) days. Cil,11111111,Y-61
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
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Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
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within thirtY(ys30) daof the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed- that causes the payment to be
late ; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.,
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract i*s as follows:
Kal*tlyn Saucedo
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 218-7076
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Mobile Number (512) 401-8517
Fax Number (512) 255-6916
Email Address ksaucedo cr,roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Allen D. Woelke
Vice President
9430 Research Boulevard, Suite 1-200
Austin, TX 78759
Telephone Number (512) 346-1100
Fax Number (512) 345-1483
Email Address Woe lkeAD(&,cdinsmith.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty -day notice may be waived i*n writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties,, If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City -for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date,,
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City i*n writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, Cl*ty shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any. proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems 1*t necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under* this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article I I*
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS -
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described i*n this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
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drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of C1*11,11"Y to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims,
damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on
the plans and be signed and sealed by a licensed professional prior to re -use of modified plans.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants -to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract,, If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar Purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at Ci*ty's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
9---- --
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
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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
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract.. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted i*n preliminary form for approval by City before
any final report i's issued. Cl*ty's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERM--SBREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below,,
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
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Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in -Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the Project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE ---WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of hi*s/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
(3) As required bill'',y Chapter 2270, Government Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -
controlled territory, but does not include an action made for ordinary business purposes.
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ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold City harmless from all liability for damage to the extent that
the damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent,
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or another entity aver which Engineer exercises control. Engineer shall also save and hold City
harmless from any and all expenses, including but not limited to reasonable attorneys' fees which
may be incurred by City in litigation or otherwise defending claims or liabilities which may be
imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or
employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all -appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PRO--- HIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission,, percentage, brokerage fee,. gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
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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 i*n the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense., the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
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receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non -
renewal in coverage, and such notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to Cl*ty's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
49
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
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ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESS -ORS 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
Is in this Contract, in whole or i*n part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED -
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records I*t deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
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or mailed to such party at the following respective addresses:
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City:
City of Round Rock
Attention,: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer0
:
Allen D. Woelke
Vice President
9430 Research Boulevard, Suite I -200
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as 1*s prudent
considering the ordinary professional skill and care of a competent engineer. Engineer understands and
agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services
for each phase of this Contract within the agreed Work Schedule may constitute a material breach of
this Contract,, Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its
reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of
performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to
perform City may accordingly withhold,, to the extent of such damage, Engineer's payments hereunder
without waiver of any of Cl*ty's additional legal rights or remedies. Any determination to withhold or
set off shall be made i*n good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
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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 City, to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed i*n1*ts
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
[signature Page follows)
15
CITY OF R UND ROCK, TEXAS
By: Rr
Craig Morga MaNir
ATTEST:
By:
Sara L. White, City Clerk
CDM SMITH
LMS
Signature of Prince
Printed Name: �� j/j �• �Q (�(�
i16
16
APPROVED AS TO FORM:
54ep11---���, City Attorney
(1) Exhibit A
(2) Exhibit B
(3) Exhibit C
(4) Exhibit D
(5) Exhibit E
LIST OF EXHIBITS ATTACHED
City Services
Engineering Services
Work Schedule
Fee Schedule
Certificates of Insurance
17
EXHIBIT A
City Services
The City of Round Rock shall have those responsibilities set forth in the Agreement subject to the
following:
1. Designate a person to act as Owner's representative with respect to the services to be performed or
furnished by the Engineer. This representative will have authority to transmit instructions, receive
information, interpret and define Owner's policies and decisions with respect to Engineer's services.
2. Provide all criteria and full information as to Owner's requirements for the project, including
objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and furnish copies of all design and construction standards which Owner will require
to be included in the Project Drawings and Specifications.
3. Assist Engineer by placing all available information pertinent to the Pro41 ject, including previous
reports and any other data relative to the design or construction of the Project at the Engineer's
disposal.
4. Furnish to Engineer, as requested for performance of basic services or as required by the Contract
Documents, the following:
a) Data prepared by or services of others, including without limitation explorations and tests of
subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating
to existing surface of subsurface structures at or contiguous to the site;
b) Services of an independent testing laboratory to perform all inspections, test and approvals of
samples, materials and equipment0
;
c) Environmental assessments, audits, investigations and impact statements, and other relevant
environmental or cultural studies as to the Project, the site and adjacent areas;
d) Arrange access to and make all provisions for Engineer to enter upon public and private
property as required for Engineer to perform services herein;
e) Examine all alternate solutions, studies, reports, sketches, proposals and other documents
presented by Engineer;
f) Provide such accounting, bond and financial advisory, independent cost estimating and
insurance counseling services and such legal services as Owner may require or Engineer may
reasonably request with regard to legal issues pertaining to the Project;
g) Provide labor and safety equipment to open electrical/instrumentation cabinets,, open and
protect manholes and/or to operate valves and hydrants as required by the Engineer; and
h) Give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of any
development that affects the scope, time of performance, or furnishing of Engineer's services,
or any defector nonconformance in Engineer's services in the work of any Contractor.
EXHIBIT B
Engineer40
ing Services
Project 1: Pressure Control Station — North. Provide professional engineering services related to the
following improvements:
A. Pressure sustaining/pressure reducing valve
B. Cast -in -place concrete valve vault
C. Piping for connection to 30" and 54" finished water pipes
D. Valve controls, including flow signal.
E. Assist with pump operations planning based on pressure signal and return flow.
Project 2e, Pressure Control Station — South. Provide professional engineering services related to the
following improvements:
A. Pressure sustaining/pressure reducing valve
B. Cast -in -place concrete valve vault
C. Piping for connection to 30" finished water pipe and 1 MG clearwell
D. Solenoid Valve for on/off control.
Task 1: Preliminary Engineering Phase. Services during this phase include the following for both
Projects, unless otherwise noted:
1. Reviewing available data and consulting with the Owner to clarify and define the Owner's
requirements for the project.
2. Advising the Owner as to the necessity of providing or obtaining from others additional data or
services. These additional services mayinclude tonographic surveys, geotechnical investigations and
consultations, and environmental assessments and impact statements. Assisting in obtaining such
services, if needed.
I Identifying and analyzing requirements of governmental authorities having jurisdiction to approve
the design of the project and particiPating in consultations with such authorities.
a) Coordinating with TCEQ and submitting the preliminary engineering technical memo and
required construction documents (plans and specifications) to the TCEQ Plan Review Division for
review and approval.
4. Consulting with the Owner, reviewing preliminary technical memos, clarifying and defining the
project requirements, reviewing available data, and discussing general scheduling.
5. Preparing preliminary design documents, including preliminary engineering technical memo, if
necessary, drawings and specifications.
6. Furnishing to the Owner a maximum of three hard copies of preliminary engineering drawings,
specifications outline, and other draft contract documents,, Documents will also be provided in pdf
and AutoCAD format for Owner's use.
7. Preparing opinions of probable total project costs based on the preliminary design.
1
Task 2: Final Design and Construction Document Phase. Services during this phase include the
following for both Projects, unless otherwise noted:
1. Preparing construction drawings and specifications showing the character and extent of the project.
2. Preparing and furnishing to the Owner a revised opinion of probable total project costs based on the
final project requirements.
3. Furnishing the necessary engineering data required to apply for regulatory permits from local, state,
or federal authorities. This is distinguished from and does not include detailed applications and
supporting documents for government grant-in-aid or planning grants that could be furnished as
additional services.
4. Preparing basic documents related to construction contracts for review and approval by the Owner
(and the Owner's legal and other advisors). These may include contract agreement forms, general
conditions and supplementary conditions, invitations to bid, instructions to bidders, insurance and
bonding requirements, and preparation of other contract -related documents.
5,a Furnishing to the Owner a maximum of three hard copies of drawings, specifications, and other
contract documents for review prior to finalizing documents for bidding. Documents will also be
provided in pdf and AutoCAD format for Owner's use.
Task 3: Bidding Phase. Services during this phase include the following for both Projects, unless
otherwise noted:
1. Assisting the Owner in obtaining bids for the prime construction contract, attending one (1) pre -bid
conference, and issuing bidding documents electronically.
2. Issuing addenda as appropriate to interpret, clarify, or expand the bidding documents.
3. Assisting the Owner in determining the qualifications and acceptability of prospective constructors,,
subcontractors, and suppliers.
4. When substitution prior to the award of contracts is allowed by the bidding documents, consultation
with and advising the Owner' as to the acceptability of alternate materials and equipment proposed
by the prospective constructors.
5,s Providing assistance to the Owner in evaluating bids or proposals and in assembling and awarding
contracts for construction, materials, equipment, and services.
Task 4.* Construction Phase. Services during this phase include the following for both Projects, unless
otherwise noted:
1. Preparing for and conducting a preconstruction conference and issuing a Notice to Proceed on
behalf of the Owner.
2. Reviewing shop and erection drawings submitted by the constructors for compliance with design
concepts.
3. Reviewing laboratory, shop, and mill test reports on materials and equipment.
4,9 Visiting the project site monthly as construction proceeds to observe and report on the progress and
the quality of the executed work and as required by the progress of the work, not to exceed a total
of two (2) visits.
5. Issuing necessary interpretations and clarifications of contract documents, preparing change orders
requiring special inspections and testing of the work, and making recommendations as to the
acceptability of the work.
6. Preparing sketches required to resolve problems due to actual *field conditions encountered.
2
7. Determining amounts of progress payments due, based on degree of completion of the work, and
recommending issuance of such payments by the Owner.
8. Preparing record drawings from information submitted by the Contractor.
9. Making a final site observation and reporting on observed completion of the project, including
recommendations concerning final payments to constructors and release of retained percentage.
Task 5,@, Special Services — Water Transient Analysis
1. Engineer will engage a specialty Water Transient Analysis Engineer (WTAE) to evaluate the potential
water transients created by the normal and emergency operation of the high service pump station.
The pressure control valve included in Project 1 will be evaluated as a location for a surge control or
surge anticipator valve for transit control.
2. Engineer will coordinate between WTEA and Owner to provide data to WTAE as required. Engineer
will collect the necessary data from the Owner.
3. Engineer will review results of the water transient analysis prior to submitting report to Owner.
3
EXHIBIT C
Work Schedule
ENGINEER will provide the basic preliminary engineering, design, bidding and general services
during construction services described above in Tasks 1 through 4 per the schedule below. Task
5, Hydraulic Transient Model can be done in parallel with Tasks 1 through 4 and can be
complete within 120 days of notice to proceed.
Task Description Duration
Preliminary Engineering
Final Design
Bidding
Construction
30 Calendar Days
45 Calendar Days
75 Calendar Days
Concurrent with Construction Contract
EXHIBIT D
Fee Schedule
ENGINEER will provide the basic services described above in Tasks 1 through 4,, for a not -to-
exceed amount of $93 582. An estimate of hours and cost by task is provided below. Invoices
will be prepared based on the Billing Rate Schedule provided below and other direct charges
and outside professionals passed through at ENGINEER'S cost plus five percent. ENGINEER will
prepare invoices monthly based on hours by personnel category and billing rate in each of the
tasks listed below. The hours and costs by task are an estimate and hours and cost by task may
vary from the values provided below.
Task 5,, Water Transient Analysis, includes an allowance of $30,000 for the preparation of a
water transient analysis of the WTP high service pump station by a subconsultant to the
ENGINEER.
The total contract value with Tasks 1 through 5 is $123,582
Task
Hours
Labor
Cost
Other
Cost/OP
Total Cost
Task 1: Preliminary Engineering
286
$31,1816
$11000
$321816
Task 2: Final Design and Construction
Documents
366
$401?714
$1Y500
$421214
Task 3: Bidding
22
$4? 162
$500
$4,662
Task 4: Construction
87
$11,1890
$2,000
$13,890
Subtotal
761
$89Y582
$5,000
$931582
Task 5: Water Transient Analysis
26
$500,0
$2500,0
$30YO00
Total
787
$941582
$301000
1
$123)582
Billing Rate Schedule
Personnel Category
Billing Rate
h r)
Project Manager
250
Senior Technical Advisor
285
Engineer 8
245
Engineer 7
225
Engineer 6
210
Engineer 5
185
Engineer 4
165
Engineer 3
150
Project Engineer 1/2
135
Senior Tech n*ician/CADD
135
Drafter
120
Senior Administration
115
Contract Administration
105
EXHIBIT
Certificates of Insurance
Attached Behind This Page
ACOR�DATE(MM/DD/YW1)
� CERTIFICATE OF LIABILITY INSURANCE
06,22,2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If
SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
A011 rusk Services Northeast, Inc.
Boston MA Office
CONTACT
NAME:
(PHONNE
No. Ext): (866) 283-7122 FAX
No.: 800-363-0105
E-MAIL
ADDRESS:
53 state street
suite 2201
INSURER(S) AFFORDING COVERAGE
NAIC #
Boston MA 02109 USA
INSURED
INSURER A: COttlltl2l'CE &industry ins co
19410
CDM Smith Inc,
75 State street Suite 701
Boston MA 02109 USA
INSURER B: Liberty MUtUdl Fire II15 CO
23035
iNsuaeRC: Liberty Insurance Corporation
42404
INSURER D: LM Insurance Corporation
33600
INSURER E: ACE Property &Casualty insurance Co.
20699
INSURERF: Lloyd's Syndicate NO. 2623
AA1128623
COVERAGES CERTIFICATE NUMBER: 570087950184 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Lim -its shown are as requested
LTR
TYPE OF INSURANCE
INSD
WVD
ITB
POLICY NUMBER
MM/DDP;41NUDD/ POLICY EFF
POLICY EXP
LIMITS
X
COMMERCIAL GENERAL LIABILITY
611B8T8Z6041
01/01
2022
EACH OCCURRENCE
$2,0009000
CLAIMS -MADE X❑ OCCUR
DAMAGE TO PREMISES Ea occurrence)
ence TED
$1,000,000
MED EXP (Any one person)
$109000
PERSONAL & ADV INJURY
$29000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$490009000
POLICY X❑ PRO-
[ �X LOC
PRODUCTS -COMP/OP AGG
$490009000
OTHER:
B
AUTOMOBILE LIABILITY
A52-611-B8T8Z6-061
01/01/2021
01/01/2022
COMBINED SINGLE LIMIT
Ea accident
$290009000
BODILY INJURY (Per person)
X ANY AUTO
BODILY INJURY (Per accident)
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED AUTOS NON -OWNED
PROPERTY DAMAGE
ONLY AUTOS ONLY(Per
accident
E
X UMBRELLA LIAB
X
OCCUR
xEUG28194687005
01/01/2021
01/01/2022
EACH OCCURRENCE
$590009000
EXCESS LIAR
CLAIMS -MADE
AGGREGATE
$590009000
DED RETENTION
D
WORKERS COMPENSATION AND
wA561DB8T8z6011
01/01/2021
01/01/2022
x PER STATUTE OTH-
IER
EMPLOYERS' LIABILITY Y / N
A05
E.L. EACH ACCIDENT
$190003000
�
ANY PROPRIETOR /PARTNER /EXECUTIVE
�
N / A
WC5611B8T8Z6021
01/01/2021
01/01/2022
OFFICER/MEMBER EXCLUDED?
(Mandatory in NFL
WI
E.L. DISEASE -EA EMPLOYEE
$190009000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE -POLICY LIMIT
$1,0003000
F
Archit&Eng Prof
PSDEF2100033
01/01/2021
01/01/2022
Each Claim
$190009000
Professional /claims Made
Aggregate
$19000,000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
RE: City of Round Rock - WTP Pressure Relief Valve,
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
City Of ROUnCI ROCK
Attn: City Manager
AUTHORIZED REPRESENTATIVE
221 East Main St.
Round Rock Tx 78664 USA
@1988=2015 ACORD CORPORATION. All rights reserved.
4t
ao
T
0
LO
CD
co
0
0
LO
z
C�
'a-
V
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 10518329
LOC #:
ADDITIONAL REMARK'S SCHEDULE
Page _ of _
AGENCY
Aon Risk Services Northeast, Inc.
NAMED INSURED
CDM Smith Inc.
POLICY NUMBER
See Certificate Number: 570087950184
CARRIER
see Certificate Number: 570087950184
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER
INSURER
INSURER
INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSR
I,�
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS
WORKERS COMPENSATION
C
N/A
WA761DB8T8Z6031
MA & PR
01/01/2021
01/01/2022
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
OO 2008 ACORD CORPORATION. All rights reserved.
ACORU�
AGENCY CUSTOMER ID: 10518329
LOC #:
ADDITIONAL REMARKS SCHEDULE
Page _ of _
AGENCY
Aon Risk Services Northeast, Inc.
NAMED INSURED
ADM Smith Inc.
POLICY NUMBER
See Certificate Number: 570087950184
CARRIER
Set Certificate Number: 570087950184
NAIC CODE
EFFECTIVE DATE:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance
Professional Liab Policy # PSDEF2100033
Beazley (Syndicates 2623/0623) - 25%
BRIT (Syndicate 2987) - 25%
Ms AITIlin (Syndicate 2001) - 12.5%
munitus (syndicate 4242) - 12.5%
Re/Rn (Syndicate 1458) - 10%
National Fire & Marine Insurance Company (Policy # 42CNP31339701, Term: 01/01/2021 - 01/01/2022) - 15%
ACORD 101 (2008/01) O 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number TB7-611-B8T8Z6-041
Issued by LIBERTY INSURANCE CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Email Address or mailing address:
Number Days Notice:
Organ ization
A Schedule of each person or
30
Organization provided to us by
the First
Named Insured within 15 days of
written cancellation notice
received by
the First Named Insured for any
reason other than nonpayment of
premium
As Required by Written Contract
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 01 05 11 O 2011 Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
Page 1 of 1
Policy Number AS2-611-B8T8Z6-061
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF -INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Or 9anization s
Email Address or mailing address:
Number Days Notice.
Blanket= as required by
written contract
30
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule above. We will send notice to the email or mailing address listed above
at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no
event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
All other terms and conditions of this policy remain unchanged.
LIM 99 01 05 11 O 2011 Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with
its permission.
Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or
organizations shown in the Schedule below. We will send notice to the email or mailing address listed below
at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event
does the noticeto the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to
provide such advance notification will not extend the policy cancellation date nor negate cancellation of the
policy.
Name of Other Person(s) /
Organ Izaflon(s):
Per Schedule on file with Broker
SCHEDULE
Email Addressor mailing address:
Per Schedule on file with Broker
All other terms and conditions of this policy remain unchanged.
Issued by LIVI Insurance Corporation
For attachment to Policy No. WA5-61 D-BT8Z6-011
Issued to CDIVI Smith Inc.
Effective Date: 1/1/2021
Number Days Notice:
30
Premium $
WM 90 18 06 11 O 2011 Liberty Mutual Group of Companies Page 1 of 1
Ed. 06/01/2011 All Rights Reserved
CERTIFICATE OF INTERESTED PARTIES
FGRM,129�5
lofil
--- ------------ WN-PP-0-0 WOWN—W-W-WOMP --------------- - --------------------- OWN i NOWN-W _W_ HossesM"-
-------------
MUMM 1--- ------- NN -------------- 1____
Complete Nos,..l- 4 and 6 if there, are interested parties. OFFICE USE ONLY
CompleteNos.1,.2, 3,..S-,:; .and 6 if th'ere:ar-eno..,int8rost6dp.at.-tles.* CERTIFICATION OF FILING
-
----- - ------------- W --- - - --------- ------------ 0-0 W__ 11011- 1-,-- mum-, P----
1 Name of bU*siness entity filing form, and the.,city state snd country of the business ent- ity's place Gertificate Number..
of busainess. 202.177075.1
CDM Sm-1th inc
tes Date Filed:
Austin, TX United staON
2 Name of governmental entity or state agency that is a party to the contract for which the form is 0-6).24:202.1
---------
being filed.
City of Round Rock Date'Acknowledged:
3 Provide the identification number used WN ---------- -by the governmental - -- ---------------------
entity or state agency to track or identify the contract, and provide a
description of the..services, goods, or other property to be.provided under the contract.
R-R WTP Pressure Re lief Valve.
Professional. Engineering Services for'rWTP Improvements
------------
4
1- - --------- - - - - -111-1--
Nature of Inte-----------
--------- - -----------rest
Name of Interested Party
City, State, Country (Place of:business)
(check applicable)
--W ------- - ---------
Controlling
Intermediary
- - ------- -----
M 1
Marcaccio, Maria
- ----- ------- -- ----- W-0i ------------
---- - --
Boston, MA United States
------------ ---- - ----- ------------
X
WWW i I "Im WN 1-11-1-111
Stevenson, Howard
NNNO-1 INNUMMON
--- N11-1 NO - ----
Boston, MA Un"ted''tates
------------
X
---------- -
_11 I
Tunnicliffe, Peter
---
WNIN W-M --- - --
Boston, MA United States
-
X
W-181M i W - ----------------
Banner, Jennifer
--------- - -----------------
soston, MA U*n'**ted States
X
----- -- ------------------ ---
Bouchard,.*Anthony
BoOston,,MA United States
X
Desmaris, Thierry
8901290886�
---------------
Boston, MA.United States
------- - ------
X
--------- ----
-------------I
Wall, Timothy
----------- M-MIN-IN ----------------
Boston,. MA United States
X
NO WOM
Walters, Gae
------------ - -- --------- — ----------------
Boston, M.A United States
--- ----------
X
MM! !I!. sm
- -----
___N 1--- NO W-MM-W ------ - - --------- ----- --- ------------- -- - -------- -- -----------
. a
5 Check only if there is NOInte.rested Party8061898newom M -------------
N i MOP N -N
6 UNSWORN DECLARATION
My name is. Atlen'D. Wbelk.e. ,and my date of birth -is August 3-1, 1957
---- -- - ----------------
My address is, 4101 Galatia 87.59 ,USA
(street) (city) (state) (zip code) (country)
declare under penalty of Perjury. that -the foregoing is. true.and correct
Executedin.Travis Cou ty., State of Texas on the 24th ay June , 20 21
(month) (year
Signature of.autho.rized ag_0 - -----
----------------------- ------------- -------ent of contracting business. entity
{Declarant)
---
-----Forms provide-d'by Texas Ethics Commission wwwwethies.stateAXus.Vers.ion Vl,,'l.,,C*effd98a
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
10fl
Complete Nos. 1- 4 and 6 if there are interested parties..
OFFICE USE ONLY
Complete Nos. 1, 21 31 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
1 Name of business entity filing form, and the city, state and country of the business entity's place
Certificate Number:
of business.
2021-770751
CDM Smith Inc
Austin, TX United States
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
06/24/2021
being filed.
City of Round Rock
Date Acknowledged:
06/29/2021
g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RR VVTP Pressure Relief Valve
Professional Engineering Services for WTP Improvements
Nature of interest
4 Name of Interested Party
City, State, Country (place of business)
(check applicable)
Controlling
Intermediary
Marcaccio, Mario
Boston, MA United States
X
Stevenson, Howard
Boston, MA United States
X
Tunnicliffe, Peter
Boston, MA United States
X
Banner, Jennifer
Boston, MA United States
X
Bouchard, Anthony
Boston, MA United States
X
Desmaris, Thierry
Boston, MA United States
IM
X
Wall, Timothy
Boston, MA United States
X
Walters, Gae
Boston, MA United States
X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is ,and my date of
birth is
My address is
,
(street) (city) (state) (zip code) (country)
declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of , on the
day of , 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www. ethics state tx, us Version V1.1,ceffd98a