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R-11-06-23-10C12 - 6/23/2011
RESOLUTION NO. R -11-06-23-10C12 WHEREAS, the City of Round Rock desires to retain engineering services for the Lake Creek 3 Wastewater Line Upgrade Project, and WHEREAS, CP&Y, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with CP&Y, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with CP&Y, Inc. for the Lake Creek 3 Wastewater Line Upgrade Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2011. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: 3A4vL. tial7U SARA L. WHITE, City Secretary O:\wdox\SCCInts\0112\ 1104\MUNICIPAL\00224895.DOC/rmc *RTEXAS PURPOSE MUM PROSPERITY EXHIBIT „A» CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC. ADDRESS: 10415 Morado Circle. Bldg. I. Suite 200. Austin, TX 78759 PROJECT: fake Creek 3 Wastewater Line Unerade THE STATE OF TEXAS COUNTY OF WILLIAMSON § § ("Engineer") THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2011 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2XA)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 05/10 0199.7173; 00223919 00192131 WWI32LKCRKC3 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So Iong 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 heishefit 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 Hilly and timely accomplish all ming Services required under this Contract in a profhsslonsl manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Ninety Thousand, Flight Hundred Fourteen and 27/100 Dollars ($90.814.27) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (i) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verifkation 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 docs not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/lis negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 'ROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Eddie Zapata Project Manager Ii ' Infrastructure Development & Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-6605 Fax Numl (512) 218-5563 Email Addams ezapata@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg. I, Suite 200 Austin, TX 78759 Telephone Number (512) 349-0700 Fax Number (512) 349-0727 Email Address jpenn®cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the 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 #'ill execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are In the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with is obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar penniasion from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permkted to authorize other similarly credentWed design pr+oksslonals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAI.. 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 shalt have such knowledge and experience as will enable them to perform the duties assigned to thein. 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 peribrmance 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 baing performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable tithes to review or otherwise evaluate the Engineering Services perfornied or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACII 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 hewn 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 Engineerhig Services performed by Engineer prior to tennination, City shall be the sole judge. Competion for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Artiee 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance,. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Servics performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tait Act. ARTICLE 22 JNDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/herif and his/h edits agents or employees, performed under this Contract, which are caused by or whtich result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of hisl'her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that belshet 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 heishehe t has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gills, 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, cormnission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its off, 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 JNSURANCI (1) Insurance. Engineer, at Engine's sole cost, shall purer and rnaintain during the entire tern while this Contract is in effect professional liability insurance coverage in the minimums amount of One Million Dollars per claim Pool a company authorized to do insurance business in Texas and 11 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). Engines shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance:. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of Insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE.28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg. I, Suite 200 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circunutances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer crakes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(e) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. Wh' , ity Secretary CP&Y 1. _ rfA By: P1 yr S E Ft1� of P�„ pal -r- ,D _i. 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will furnish the following information to the Engineer and/or perform the following tasks: 1. Provide existing reports or data the City has on file concerning comprehensive master planning, land use, population forecasts and/or private land development within the Lake Creek wastewater collection basin. 2. Provide existing data the City has on file concerning water demands and wastewater flows within the Lake Creek wastewater collection basin. 3. Define service area for the project based on the area map prepared by the Engineer. 4. Provide existing data the City has on file concerning the Project. 5. Provide as -built plans for the existing wastewater lines. 6. Provide as -built plans for City owned utilities within the project area. 7. Provide utility, parcel and/or topographic mapping information of the project area. 8. Assist the Engineer in locating and exposing existing wastewater manholes that are buried. 9. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County, and/or other franchise utility companies. 10. Assist the Engineer by requiring appropriate utility companies to expose underground utilities within the right-of-way, when required. 11. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any development that affects the scope of the Engineer's services. 12. Provide construction inspection and construction testing services including coordination and scope of services. 13. Pay all fees associated with approvals and/or permits from entities when such approvals and/or permits are necessary as determined by the City. 14. Pay for costs associated with newspaper public notice for bid advertisement. 15. Secure easements (using documents prepared by Engineer) as required for construction of improvements described in Engineer's final design plans. 1 of 1 EXHIBIT B Engineering Services The Lake Creek 3 (LC -3) Wastewater Improvement Project will increase the capacity of about 1,300 linear feet of existing wastewater main from 12, 15, and 18 inch diameters to 21, 30 and 36 inch diameters, respectively. LC -3 will replace a parallel section of the regional line, Lake Creek 2 (LC -2). The existing 48" diameter manholes will be adjusted or replaced as determined. The existing section of LC -2 will be replaced by the proposed LC -3. This section of LC -2 will be abandoned in place. The Engineer shall provide the necessary engineering and technical services for the completion of environmental studies, public involvement, surveying and mapping, preliminary engineering technical memorandum development, preparation of plans, specifications and cost projections for the project. Engineering services will include preliminary design, design, bid and construction phase services. The tasks and products are more Rsliy described in the following TASK OUTLINE. TASK OUTLINE L BASIC SERVICES A. PRELIMINARY ENGINEERING 1. PRELIMINARY TECHNICAL MEMORANDUM DEVELOPMENT (a) The Engineer will manage professional services to complete the project including, meetings, progress reports, milestones and invoicing. (b) Collect available information from the City. Reference Exhibit A. (c) Prepare project plan that identifies project goals and procedures focused on delivering a high quality project. (d) Coordinate subconsultant efforts including surveying and geotechnical studies. (e) Attend utility coordination meeting with the City. (f) Review record drawings for LC -2 and LC -3, the City of Round Rock Hydraulic Model, and master plan. (g) Work closely with the City and project stakeholders to develop design concept. (Ir} identify the construction easement requirements for the construction of the wastewater line. (i) Prepare Technical Memorandum: summarize environmental research, utility coordination, geotechnical findings, and hydraulic inhumation. Develop a concept fbr the wastewater line replacement including open trench and trenchlets technologies. Propose methods for construetability to serve as a basis for Mare development of PS&E documents. (j) Develop Engineer's opinion of probable cost. (k) Compiletreview Technical Memorandum for review. (1) Meet with City of Round Rock to discuss comments and revise Technical Memorandum. B. DESIGN AND BID DOCUMENT PREPARATION 1. PROJECT MEETINGS (a) Attend, conduct and document four project meetings. Prepare meeting minutes including action items to help maintain project schedule. (b) Prepare fbr and attend two meetings with property owners. 2. PREPARATION OF CONSTRUCTION PLANS (a) Cover sheat, !tel wastewater amt, general notes. (b) Plan and premie identifying right-of-way, property easement, existing utilities and topographic features. Scale will be 1"-..20' horizontal and 1"-..4" vertical. (c) Constriction devils. (d) Erosion and sedimentetion control sheets. (o) Prepare project manual according to ti's standard front end dots and technical dons. (0 Prepare Design Plans. Specifications. and Engineer's Opinion of Probable Constiuctlon Cost in 60%, 90% and final design. Include three sets of plans for Cly review and respond to review comments. 1of5 (g) The Engineer will manage professional services to complete the project including, progress reports, milestones and invoicing. C. BID AND CONSTRUCTION PHASE SERVICES I. 131D PHASE SERVICES (a) Conduct pre-bid meeting with City for interested contractors. Provide agenda and sign in sheet. (b) Distribute bid documents and maintain plan holders' list. (c) Address and respond to questions and interpretation of bid documents. (d) Prepare and issue addenda to the bid documents if necessary. (e) Conduct bid opening at City location, tabulate and review all bids for correctness. (0 Review qualifications of low bidder and others as needed. (g) Recommend award of contract or other actions to be taken by the City. 2. CONSTRUCTION PHASE SERVICES (a) Attend one (1) pre -construction conference with the Owner and the Contractor, review the Contractor's construction schedule and issue meeting notes to the Owner. (b) The Engineer will make periodic visits to the Project site at Intervals appropriate to the various stages of construction to observe the progress and quality of the Contractor's work. It is assumed for estimation purposes that the Engineer will visit the site once a montes, two (2) hours per visit, fbr a total of four (4) mortes. Based on the inihrnution obtained during such visits, the Engineer will endeavor to determine if dee Contractor's work is proceeding in accordance with the Contract Documents. The purpose alma project site visits and such observations is to keep the Owner generally informed of the progress of the Contractor's work and to determine if the completed work of the Contractor conforms in general to the design concept indicated in the Construction Contract Document. On the other hand, the Engineer shall not, during sudt visits or as a result of such observations, supervise, direct, or have control over the Contractor's work nor shall the Engineer have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, for safety precautions and programs incident to the work of the Contractor or.for any failure of tete Contractor to comply with rules, regulations, ordinances, codes or orders applicable to the Contractor's perlbrmance of the work. The Contractor shall have sole authority over and responsibility for: (1) the means, methods, techniques, sequences, and procedures of constructions (ii) safety precautions and programs incident to the construction, and (iii) compliance with rues, regulations, ordinances, codes and orders applicable to the construction. The Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the Contractor's failure to furnish and perform its work in accordance with the Construction Contact Documents. (c) issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the orderly completion of the Contractor's work. Such ciarifiattions and interwetations will be consistent with the intent and reasonably inferable from the Construction Contract Documents. (d) Make recommendations to the Owner regarding change orders as appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result fvom significant changes in the scope, extent, or character of the Project designed by the Engineer, is not included in this score of services. (e) Review sample s,, catalog data, schedules, submittals. shop drawings. laboratory, shop and mill tests of material and test equipment and other data as required by the Construction Contract Documents, but only fir conformance with the design concept indicated in the Construction Contract Documents. Such reviews will not extend to assent, AAs, teems, sequences or pendent of construction or to safety precautions and programs inert thereto. (0 Review the Application for Payment and supporting documentation omitted by the Contractor, recommended to the Owner the amount that the Contractor is to be paid on monthly estimates as required by the Cor ructiOn Contract. 2ofS Such recommendation for payment to the Contractor shall not be a representation that the Engines: (i) has made exhaustive or ccntlnuous on-site observations to check the quality or quantity of the Contractor's work, (ii) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received from subcontractors, material suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monies previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, claims, security interests or encumbrances. (g) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Contractor, an observation to determine if the work is substantially complete. If the Owner and the Engineer consider the work substantially complete, issue a certificate of substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final walk through together with the Owner and the Contractor to determine if the weak has reached final completion so that the Engineer may reconunenhd final payment to the Contractor. If appropriate, make recommendations to the Owner for final payment to the Contractor. (h) Receive, review and transmit to the Owner maintenance and operating instructions, warranties and guarantees, marked up record documents received from the Contractor, which reflect field changes to the bid documents. The Engineer will review the documents to ascertain, to the best of the Engineer's knowledge and belief, that the reflected field changes are complete and correct. (i) Prepare Project record drawings incorporating compiled change orders and field changes that are received from the Owner and the Contractor. Three (3) sets of prints of "Record Drawings" will be submitted by the Engineer to the Owner on 11x l7 paper copies. (j) Submit to the Owner electronic files used for the production of the Record Drawings. The Engineer shall deliver the electronic fees, on CD, to the Owner. Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only. The Record Drawings shall be sole docurnents relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. II. SPECIAL SERVICES A. ENVIRONMENTAL SERVICES CPikY will conduct wetland delineations, a habitat assessment, and cultural resources investigations consistent with local, state, and federal regulations, as required for the project. 1. Wetland Delineation Impacts m jutisdietionai wetlands and waters of the U.S. would be permitted under Section 404 of the Clean Water Act by the Fort Worth District of the United States Army Corps of Engineers (USACE). CPdtY will conduct a wetland delineation following the 1987 USACE gland delineation manual procedures and the 2008 Intedm Regional Supplest to the USACE delineation manual: Great Plains Region. Once field work has been conducted on the project site, the type of permit required will be determined depending on the area of impacts, if any, to jtaisdietional wafters and wedands. f a Pre -Construction Notification to the WACE or individual Perrndt Ir recdre4 it would be conducted under a separate work ainhoriaztion. 2. Threatened and Endangered Species habitat Assessment • CP&Y will review techs databases, technical literature, and governmental publications and databases prior to conducting field surveys to ideal*/ federally threatened, endangered, and candidate plant and animal species in the vicinity of the project area. The habitat assessment wades detenninhui whether suiunbie habitat exists within and ae)aoeat to the proposed project area, taking representative photographs of the project area, and reporting all C. Pretocots for determining required habitat will be performed for the federally threatened, endangered, and candidate seer In W1llhrrnson County. looked ftr *brolly Kited species Is identifie4 coordination with the U.S and inkto Service would 8e a enefarcted ander a suppleenental 3of3 3. Cultural Resources hwvestigations The proposed project is being sponsored by the City of Round Rock (the City), a political subdivision of the state of Texas; as such the project would fall under the jurisdiction of the Antiquities Code of Texas. In addition, the City may be applying to the US Army Corps of Engineers (USAGE) for permitting to construct project facilities under Section 404 of the Clean Water Act; as such, the proposed undertaking may also fail under the jurisdiction of Section 106 of the National Historic Preservation Act (NHPA). As the project represents a publicly sponsored undertaking with the potential to impact potentially significant cultural resources, the City is required to provide for a cultural resource inventory of the APE. Archival Resesrck • Perform basic archival research at the THC, the Texas Archeological Research Laboratory (TARL), the General Land Office (GLO), the National Park Servies's (NPS) online National Register Information Systene (NRIS), and/or other relevant archives for information on previous cultural resource investigations conducted in the vicinity of the project's APE and previously recorded cultural resource sites and historic properties in and near the project's APE. • Review the abovementioned archives; historic, geological, and sail maps; and aerial surveys and photographs prior to initiating fieldwork to evaluate the potential for encountering significant cultural resources within the project's APE. Reporting CPdtY will: • Write a consultation request letter to submit to the THC, requesting the THC's determination of Cultural Resource requirements. If the THC determines that a survey is required, it will be completed under a separate work authorization. B. SURVEYING SERVICES 1. Surveyor will prepare a property schematic generated from record data (not to be considered a boundary survey) for the total project as now briefed to include an list of property owners. 2. Surveyor wild attempt recovery of survey datum contra as established previously for local CORR projects in the immediate vicinity of this project (Brushy Creek Trail Project). The values will be reconciled to GRS 80, NAD 83 Texas State Plane Coordinates, Central Zone 5376- (NIPS4203), US Survey feet. Vertical Datum will be relative as to that established for the above projects and reconciled to the CORR Survey Control System. 3. Design and establish horizontal survey traverse as needed for topographic data gathering procedures. The area of data will be as follows: the 50 foot route survey limits, the fnunediate areas in the vicinity of the existing manholes. 4. Surveyor will perform differential level loops for installation of a benchmart system at strategic locations at approximate 500 foot intervals within the project limits. 5. Collect spot elevations along the project route including edges of back of curbs, driveways, visible utilities, drainage structures, centerline of roads, trees 8" and up, any other hard :ur8aced improvements within the defined area, grade breaks, (towlines of watercourses, and other sigcant features relevant to the project (MH inverts). The collected data wild include spot elevation and breeklines sufficient to generate a 1 foot contour interval DTM for the project. 4 of 5 6. inland will perform sufficient boundary analysis to prepare deliverables for up to 7 temporary construction easements along the project route. It is assumed that there will be preparation of Temporary Construction Easements only and that the easements by minimal description (signed and seated) will be parallel and coincides with the existing permanent easement AND that a minimal sketch depicting the TCE will be delivered as support to the description (not signed and sealed). It is also assumes that the existing easement documents will be provided for the surveyor's use. 7. Deliverables will include a 3D file with break -lines. A DTM file processed to 1.0 foot contours will be provided and the associated spot point data in ASCII format. A list of benchmarks and project control coordinates will be included in list formats and notated in the DTM file. 8. Inland will locate and process up to 3 geotechnical boreholes within the project limits. This proposal assumes a separate mission for collecting this information but is included in the field survey estimates. C. GEOTECHNICAL INVESTIGATIONS 1. Perforin two (3) borings to a depth of about twenty (20) feet. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S C.S. Soil Classification (b) Atterberg Limits Tests (c) Sieve Analysis (d) Moisture Content (e) Unconfined Compressive Strength 3. The Geotechnical Engineer will coordinate with locator service to determine existing utility locations. 4. The Engineer will prepare a geotechnical report that will present recommendations for the pipeline replacement. The geotechnical report will include: (a) General subsurface conditions, discussion of site geology (b) Boring logs with descriptions of strata and Laboratory test results, and water levels obtained at the time of drill (c) Boring location plan S. The Engineer will meet with the geotechnical subconsultant on a regular basis to coordinate their work on the Proiect 5ofS EXHIBIT C Work Schedule Duration Completion Date Notice to Proceed NIA Jun 24, 2011 Initial Data Collection 7 Jul 1, 2011 Topographic Survey 35 Aug 5, 2011 Geotechnical/ ENV Study 14 Aug 19, 2011 Preliminary Technical Memo TM 21 Sep 9, 2011 City Review of TM 14 Sep 23, 2011 60% Plans Submittals 56 Nov 18, 2011 City Review of 60% Plans 14 Dec 2, 2011 90% Plans Submittals 42 Jan 13, 2012 City Review of 90% Plans 28 Feb 10, 2012 100% Plans Submittal 14 Feb 24, 2012 Bid Phase Services 56 Apr 20, 2012 Notice to Proceed 56 Jun 15, 2012 Construction Phase Services 120 Oct 13, 2012 loft EXHIBIT D Fee Schedule Attached Behind This Page CHIANG PATEL & YERBY, NC. ADDENDUM TO EXHIBIT D Fee Schcdnle XSTIMATE OF COAIPENSATION Direct Salary Cost (Ste attached summary) Project Prhacipai Pulled Mamser SeniorFngtaeer Design Embrace R1Tffeeth. Chief Hydrologist CARO Operator Admin& terleal O Um e 570.00 0.00 113 Hrs. a 545.00 5,355.00 30 Hrs. 0 555.00 1650.00 O Ibi. ® 536.25 0.00 241 14m. O 530.00 7,23000 O tem 0 555.00 0.00 184 Hrs. 0 526.00 4734.00 52 Nrs.0 521.50 1313.00 20,137.00 (CP&Y Environmental Services) ENV Mango 3 Hrs. 9 555.00 165.00 Sr. ENV Specialist 13 Nes. A 533.50 633.00 ENV SpeciiNst 6 Hes. .6 527.50 165.00 Sr. A. Historian 0 Mss. 0 549.00 0.00 Dialogist 23 lbs. a 521.50 793.00 015 Specialist 16 His. 0 524.00 334.00 2,205.00 TOTAL DIRECT SALARY 20+137.00 SALARY RELATED COST (1$5.00%) MUMS TOTAL LABOR COSTS 37,390AS FEE 112141 UMW 64,277.36 LIMNER TOTAL, EXPENSES 012.00 AilkiNEIRUMILEIRINDR Faro Cansolta ts, lam 5,598.60 Iniaad Geodetics, LP 13,078.00 CP&Y Environmental Services 7,035,37 UIMP 51151 AMOUNT PAYABLE Mall Exhibit D '�3�3��� .. 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S ) v :. ., ..•}... .:.......Ill. .. ll' %woo kALARMALS WAI.TW^s 0 Ali i 24 it 10 1 4 $ $A" OOTMtLAM 1R 6C38 i . s 1.7WM ! 44046 $ WISM i 4"AS $ 2" 0OWSMS Ax MWASXWL MTE(IUAO%) s - s 3.1 s $14,00, s S."LQO $ tpAo s Was TOM LAMM COM $ i 4JWM s 1,254,0* Y ?A" i 1.4if 00 s N&73 s sa i s , 1t ea omit= 1 i Y M 1 1 Exhibit 0 eke.Creek 3 Wastiwater..LIne Upgra City of.Round Rock EXHIBIT E Certificates of Insurance Attached Behind This Page 08/08/2011 18:38 FAX 5122187097 CERYIFJCATE OF LIABILITY INSURANCE PRODUCER: .yr TN number Texas Dept of A B D 4 PW 0 6 20 refer to the Date: 6191 3( COMPANIES AFFORDING COVERAGE Trevelsre Uoyds insurance Company Hartford Are Insurlmce Company XL Specialty Insurance ComPenr Travelers Indemn y do. of Connec t ©04/015 TDI 9300 SOSO 5241 SSW �TINS Is TO CERTIFY THAT the insured named above is Insured by Nue Compsnks listed above with respect to the business operations described. for Wes of Insurance hi accordance with the provisions of the standard des used by the companies, policies ore noted below. LTR INSURANCE CO TYPE OF POLICY EFFECTIVE EXPIRATION NUMBER DATE DATE LMMTs A - GENERAL LIABILITY PACP1061t805 0/1/3011 011/2012 , AGGREGATE i 3.000.000 P AGO. $ 2.000.000 PERSONAL S ADV. INJURY $1.000.000 EACH OCCURRENCE $1.000400 FTS DAMAGE (Anyone Ire) :1.000.000 Ma EXPENSE (Anyone mien) $ 10.000 D - AUTOMOBILE UAB U.ITy EASMISM855 01112011 011/2012 COMBINED 8040E LIMIT 51.000.000 BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE 1. EXCESS LIAINUTY MCH OCCURRENCE AGGREGATE $ $ B • WORKERS' COMPBN$AT1O,4 4GWEGZ14081 11113011 1/1/2012 STATUTORY LIMITS ANO EMPLOYbRV UAB UTy $EACH Ammo. $ 600.000 DISEASE - POUcYLIMiT $ 000,000 DISEAMI-EACHEMPLOYEE $ 600.000 C • PROPIDISiONAL LUBIlTY DPR8893504 4/1/2011 4//2012 53.000,000 Per Calm /Annual Aggregate BUILDERS' RISK Imuntomes OR INSTA1LMION ESSURANCE DES TION Ole OPERATIONS/LOCATIONSNENCLEMSPECMI. mSMsi icarenONB • Tr, ioem i ihrt•iy„e.,n cele a o rbisidtgftleartitmsi le..p+.rr.W.w«srteiri<.rb. r..a.wraw. tso of the aboveDamn and 11therthywd the Isstdas company** mail thirty todays wrPltea antics to the certificate holder be cancelled or chenssd bakes the earthmen date CERTIFICATE HCLDEit Meager 111 ff. Meta8th Rowel Rock Tams T80 4 Via— WON Page 2 s oftioitithrhoowesce ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 10C12. City Council Agenda Summary Sheet Consider a resolution authorizing the Mayor to execute a Contract for Engineering Agenda Caption: Services with CP&Y, Inc. for the Lake Creek 3 Wastewater Line Upgrade Project. Meeting Date: June 23, 2011 Department: Infrastructure Development and Construction Management Staff Person making presentation: Michael Thane, P.E. Director of Infrastructure Management Item Summary: This engineering contract with Chiang, Patel, & Yerby, Inc. (CP&Y, Inc.) is for design and construction phase services for the proposed wastewater main improvements along Lake Creek from Lake Creek Park to Burnet Street. These improvements were deemed necessary in the latest Wastewater System Master Plan that was completed in 2008. This project will increase the capacity of approximately 1,300 linear feet of existing 12 -inch and 18 -inch diameter wastewater mains to 21 -inch and 24 -inch wastewater mains. Strategic Plan Relevance: Goal 28.0: Protect public health and protect the environment through proper waste disposal. Cost: $90,814.27 Source of Funds: Self -Financed Wastewater Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y, INC. ("Engineer") ADDRESS: 40415 Morado Circle. Bide. I. Suite 200. Austin, TX 78759 PROJECT: lake Creek 3 Wastewater Line Unerade THE STATE OF TEXAS COUNTY OF WILLIAMSON § § THI CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2011 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2XAXvii) 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: Uri Services Contract 0199.7173; 00223119 W Wo2LKCRK3 1 12--11-De--2,3-1D612. Rev. 05/10 00192131 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 arc as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engines, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully end timely accomplish all Engineering Services required under this Conte in a professional manner. 2 (3) Nodes to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Ninety Thousand, Eight Hundred Fourteen and 27/100 Dollars ($90.1114.27) as shown In Exhiblt D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completer 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 perforated. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the crate of the current statement. Fmal payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 FRQMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROLE T TEAM City's Designated Representative for purposes of this Contra is as follows: Eddie Zapata Project Manager II ' Infrastructure Development & Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephene Nunes (512) 218-6605 Fax Number (512) 218-5563 Email Address ezapata@tround-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jesse W. Penn, P.E. Project Manager 10415 Morado Circle, Bldg. I, Suite 200 Austin, TX 78759 Telephone Number (512) 349-0700 Fax Number (512) 349-0727 Email Address jpenncpyi.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 crier for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineees 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. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreenent 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 u 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 ENGINEICRING SERVICE4 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, hehdre/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Suppleancntal Contract will be executed between the panes as provided in Article 13. Engineer shall not perforin 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 authondzed in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors ming therein, when required to do so by City. No additional compensation shall be due for such Engineering; Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACT , 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 firli execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically,(hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contact and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the patties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, kwestigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City eked. Any such went use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claints, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowkdgal 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 front Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permittee) to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and docuanents for the purposes of slang, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service small be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of thein 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, EOUIPIIENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the perfonnance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shalt have such knowledge and experience as will enable them to petionn the duties assigned to thein. Any employee of Engineer who, in the opinion of City, is intent or whose conduct becomes detrimental to the Engineering Services shah 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 pert finned under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. $ ARTICLE 17 ,VALUATION 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 REPORT$ AU applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary re arts 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 Contrast, 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 Contrast 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 perforin 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 Engin. In detertnining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at to ruination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract tender Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the tirne 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 ligations 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 li n%tion, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed ter. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of hia#henit f and his he:M s agents or employees, per caned under this Contract, which are caused by or which result from the nog igent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and bold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omisstons. 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 SEAT{ 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 Regi for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion, Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that helshefit has not paid or agreed to pay any company or a ngmeer any fee, conunission, 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 rues and shall have this 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/halite officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do iassr a business in Texas and 11 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 terrn. of this Contract, at the subconsuitant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such fixture coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be fled with City. Such Certificates of insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance.,, ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE.28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, with obtaining the prior written consent of City. ARTICLE 29 ',VERABILITY 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 umrceabieie in any respect, that 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 Contact 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 int of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts betwec n City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 jNNQTICE. AU notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following restive addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock., TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Jesse W. Peen, P.E. Project Manager 10415 Morado Circle, Bldg. I, Suite 200 Austin, TX 78759 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Wet Schedule may constitute a material broach of this Contract. Engineer shall be fully responsible for hisfherfits delays or for failures to use hisfherfits reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of perforrnance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or renes. (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 cisstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terns 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 employes 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 hen, Engineer makes no warrants, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualifiers professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(e) 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 cornute authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized repr+tative(s), thereby binding the parties hereto, der successors, assigns and representatives for the faithful and full performance of the terms and provisions hereat. CITY OF" • UND ROCK, TEXAS By: Ok / AP • VED AS TQ FORM: N1, . Alan McGraw, Mayor S e _l L,. Sheets, City Attorney ATTEST: 15 J.IS"T OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City will funish the following information to the Engineer and/or perform the following tasks: 1. Provide existing reports or data the City has on file concerning comprehensive master planning, land use, population forecasts and/or private land development within the Lake Creek wastewater collection basin. 2. Provide existing data the City has on file concerning water demands and wastewater flows within the Lake Creek wastewater collection basin. 3. Define service area for the project based on the area reap prepared by the Engineer. 4. Provide existing data the City has on file concerning the Project. 5. Provide as -bunk plans for the existing wastewater lines. 6. Provide as -built plans for City owned utilities within the project area. 7. Provide utility, parcel and/or topographic mapping information of the project area. 8. Assist the Engineer in locating and exposing existing wastewater manholes that are buried. 9. Assist the Engineer, as nary, in obtaining any required data and information from the State, County, and/or other franchise utility companies. 10. Assist the Engineer by requiring appropriate utility companies to expose underground utilities within the right-of-way, when required. 11. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any development that affects the scope of the Engineer's services. 12. Provide construction inspection and construction testing services including coordination and scope of services. 13. Pay *11 fees associated with approvals and/or permits from entities when such approvals and/or permits are necessary as determined by the City. 14. Pay for costs associated with newspaper public notice for bid advertisement. 15. Secure easements (using documents prepared by Engineer) as required for construction of improvements described in Engine's final design plans. loft EXHIBIT B Engineering Services The Lake Creek 3 (LC -3) Wastewater improvement Project will increase the capacity of about 1,300 linear Piet of existing wastewater main from 12, 15, and 18 inch diameters to 21, 30 and 36 inch diameters, respectively. LC -3 will replace a parallel section of the regional line, Lake Creek 2 (LC -2). The existing 48" diameter manholes will be adjusted or replaced as determined. The existing section of LC -2 will be replaced by the proposed LC -3. This section of LC -2 will be abandoned in place. The Engineer shall provide the necessary engineering and technical servicers for the completion of environmental studies, public involvement, surveying and mapping, preliminary engineering technical memorandurn develophne t, preparation of plans, specifications and cost projections for the project. Engineering services will include preliminary design, design, bld and construction phase services. The tasks and products are more Rtliy described in the following TASK OUTLINE. TASK OUTLINE I. BASIC SERVICES A. PRELIMINARY ENGINEERING 1. PRELIMINARY 'TECHNICAL MEMORANDUM DEVELOPMENT (a) The Engineer will manage professional services to complete the project inchufhng, meetings, progress reports, milestones and invoicing. (b) Collect available into tion kern the City. Refir a hco Exhibit A. (c) Prepare project plan that ideatitke project goes and procedures focused on delivering a high quality project. (d) Coordinate subconsukltaat effects Winding surveying and geotechnical studies. (e) Attend Milky teiaation meeting with the City. (f) Review record drawings for LC -2 and LC -3, the City of Round Rock Hydraulic Model, and master plan. (g) Work closely with the City and project stakeholders rs to develop design concept. (h) Identify the construction easement requirement: for the construction oh of the wa tewsser tine. (1) Prepare Technical Memorandum: summmize environmental research, utility coordination, geotechnical findings, and hydraulic inibrmation. Develop a concept for the wastewater line replacement including open trench and trenclsless technologies. Propose methods for ca ability to serve as a basis for Altura development of PS&E Q) Develop Engineer's opinion ofpobee cost. (k) Conghilekeview Technical Mennorandum for review. (1) Meet with City of Round Rock to dlscuas comments and revise Technical Memorandum. B. DESIGN AND BID DOCUMENT PREPARATION I. PROJECT MEETINGS (a) Attend, conduct and document four project meetings. Prepare meeting minutes including action items to help maintain project schedule. (b) Prepare for and amend two ineetinp witis property owners. 2. PREPARATION OF CONSTRUCT1ON PLANS (a) Cover sheet, general wastewater alignment, general notes. (b) Plan and profile sheets ideatItyirng right-of-way, properly easement, existing utilities and topographlc features. Scale will be 1" 2O' horizontal and 111-41' vertical.. (c) Construction details. (d) Erosion and sedimentation control sheets. (e) Prepare project manual according to City's standard front end documents and technical specifications. (f) Prepare Design Pians, Spedflcadons, and Engineer's Opinion of Probable Construction Cost at 6O%, 90% and final design. liaciude oscine sets of plans for Cly review and respond to review comments. I of 5 (g) The Engineer wilt manage professional services to complete the project including, progress repots, milestones and huvoichtg. C. BID AND CONSTRUCTION PHASE SERVICES 1. BID PHASE SERVICES (a) Conduct pre-bid meeting with City for interested contractors. Provide agenda and sign in sheet. (b) Distribute bid documents and maintain plan holders' list. (c) Address and respond to questions and lntetpetation of bid documents. (d) Prepare and issue addenda to the bid documents if necessary. (e) Conduct bili opening at City location, tabulate and review all bids for correctness. (0 Review qualifications of low bidder and others as needed. (1) Recommend award of contract or other actions to be taken by the City. 2. CONSTRUCTION PHASE SERVICES (a) Attend one (1) pre -construction conference with the Owner and the Conte, review the Contractor's construction schedule and issue meeting notes to the Owner. (b) The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of construction to observe the progress and quality of the Contractor's work. It is assumed for estimation purposes that the Ens wig visk the site once a month, two (2) hours per vitt, for a total of few (4) months. Based on the innwntation obtahsed during such visits, the Engineer will endeavor to determiee if tbs Contractor's work is proceedingin accordance with the Contract Documents. The purpose of sod project site visits and suds observations is to keep the Owner generally infisrmed alit' progress of the Contractor's work and t® dementia* if the completed work of the Contractor conforms in g neat to the design concept indicated in dna Construction Contract Documents. On the other hand, the Engineer eball not, during such visits or as a rend of suds observations, supervise, direct, or have control over the Contractor's work nor shall the Engineer have authority over or responsidlity for the means, methods, techniques, eequence, or procedures of construction selected by the Contractor, for safety precauthuss and programs incident to the work of the Contractor or for any failure of the Comer to comply with rides. reedations, ordinances, codes or orders applicable to Urs Contractor's performance of the work. The Contractor shaft have sole authority over and responsibility for. (i) the means, methods, techniques, sequences, aces, and procedures of consirudion (ii) safety precautions and perms incident to the construction, and (iii) compliance with rules, rewslations, ordinances, codes and orders applicable to the construction. The Engineer neither ga rentees the performance of the Contractor nor assumes any reaponadbility for the Contractor's failure to &ernkb and peribrm its work in accordance with the Construction Contract Docuancnts. (c) Issue necessary clarifications and interpretations of the Codon Contract Documents as appropriate to the orderly completion of the Contractor's wont. Such clarifications and interpretations will be consistent with the intent and reasonably inkrable from the Construction Contract Documents. (d) Maks recommendations to the Owner regarding change orders m appropriate and when directed by the Owner, and prepare Change Orders as reasonably required. Preparation of Change Orders, which result from significant changes in the scope, extort, or character of the Project designed by the Engineer, is not included in this scope of services. (e) Review samples, catalog data, solei, submittals, shop drawings, laboratory, shop and mill tests of material and test equipment and otter data as required by the Construction Contract Docaanents, but only for conformance with the design concept Jacketed in the Construction Contract Document& Such reviews will not extend to ate, mea, eedeigues, sequences or procedures of construction or to safety precautions and programs incident thereto. (0 Review the Application for Payment and supporting docusseantatioa submitted by the Contractor, recommended to the Owner flue amount that the Comm is to be pale{ cm monthly est nate. as requited by the Construction Contract 2of3 Such recommendation kw payment to the Contractor shall not be a representation that the Engineer: (h) has made Siwe or ccetinuous on -sits observations to check the quality or quatilky of die Contractor's work, (il) has reviewed construction means, methods, techniques, sequences, or procedures, (iii) has reviewed copies of invoices received from subcontractors, materiel suppliers or other data requested by the Owner to substantiate the Contractor's right to payment, (iv) has ascertained how or for what purpose the Contractor has used monks previously paid by the Owner, or (v) has determined that title to any of the Contractor's work has passed to the Owner free and clear of any liens, chains, security interests or encumbrances. (g) Upon notice from the Contractor that the Contractor's work is ready for its intended use, conduct, in company with the Owner's representative and the Cottraactor, an observation to determine if the work is substantially complete. If the Owner and the Engineer consider the work sbatmntinlly wee, issue a certificate of substitute cotnpletion containing a let of required tasks for the Contractor to complete prior to issuance of certificate of final completion. Conduct a final walk through together with las Owner and the Contractor to determine if the work hu reached final completion so that the Engineer may recommend final payment to the Contractor. If appropriate, make recommendations to the Owner filar final payment to the Contractor. Receive, revkw and transmit to the Owner maintenance and operating instructions, warranties and guaranteeats t nhaaiced up record documents received from the Contractor, which reflect field changes to the bbl The Engineer will review the documents to ascertain, to the best of tae Engineer's knowledge and bei that the reflected field changes are complete and correct. (i) Prepare Project record drawings in coiporating compiled changs orders and field changes that are received don the Owner and the Contractor. Three (3) sets of prints of "Record Drawings" will be nutted by the Engineer to ties Owner on 11x17 paper copies. 0) Subunit to the Owner electronic files used for the production of the Record Drawings. The Engineer shat deliver the electronic flet, on CD, to the Owner. Record drawings on eieepronic des lbraisled to the Owner are for the convenience of the Owner only. The Record Drawings shall be aha docwitene relied upon by the Owner as a reflection of the condition of the project location after completion of the construction activities. (h) 1I. SPECIAL SERVICES A. ENVIRONMENTAL SERVICES CP&Y will conduct wetland delineations, a habitat assessment, and cultural resources investigations consistent with local, state, and federal regulations, a required for the project. 1. Wetland Delineation Impacts to jurisdictional wetands and waters of the U.S. would be perrnkted under Section 404 of the Clean Water Act by the Fort Worth District of abs United States Army Corps of Engineers (USACE). CP&Y will conduct a wetland delineation hollowing the 1917 USACE wetland delineation manual procedures and the 2001 Interim Regional Suppiement to the USACE delineation manual: Oren Plains Region. Once field work hu been conducted on Nee project site, the type of permit required will be determined dependkg on the area of impacts, if any, to jurbdiction l waters and wed. J'a Pre -Construction dost to the USACE or !teeitekbel Permit Is required It wed be cornnrcled lender a morale work rte orisatirua. 2. Threatened and Endangered Species Habitat Assessment CP&Y will review technical databases, techniad literature, and governmental publications and databases prior to conducting field surveys to leased#' Morally threetened, endangered, and candidate plant and animal species in the vicinity of the project area. The habitat assessment includes determining whether suitable that exists wigs and adjacent to the proposed project area, Midas representative photographs of the int area, and r Protocols for determining rem mat will be perforated for tea iltderally threatened, endenpred, and candidate species In Williamson County. Melia for federally hated species u idem, door w** the U.S. Fish end WiliNit Service wield be combated feeder a sappkotented agreement. 3of5 . Cultural Reser investigations The primed project is being moored by the City of Round Rock (the City), a political subdivision of the state of Texas; as such the project would fag under the jurisdiction of the Antiquities Code of Texas. in addltkm, the City may be applyliqt to the US Army Corps of Engineers (USACE) for permitting to construct project facilities under Section 404 of the Clean Water Act; as such, the proposed undertaking may also tall under the juredicticm of Section 106 of the National Historic Preservation Act (NHPA). As the project represents a publicly sponsored undertaking with the potential to impact potentially significant cultural resources, the City is required to provide for a cultural resource inventory of the APE. Archival Research • Perform basic archival research at the THC, the Texas Archeological Research Laboratory (TARL), the General Land Office (OLO), the National Park Service's (NPS) online National Register Information System (KRIS), sndfor other relevant archives for information on previous cultural resource Investiptions conducted in the vicinity of the project's APE and previously recorded cultural resource sites and historic properties in and near the project's APE. • Review the aboventendoned archives; historic, geological, and soil maps; and aerial surveys and photographs prior to ung fieldwork to evaluate the potentbd ter encountering significant cultural resources within the project's APE. Reg CP&Y will: • Write a consultation request letter to submit to the THC, requesting the THC's domination of Cultural Reunite raptiranents. If the THC determines that a survey is required, it will be completed under a sperrrale work authorization. B. SURVEYING SERVICES 1. Surveyor will prepare a property schematic generated from recant data (not to be considered a boundary survey) for the total project as now briefed to include an list of property owners. 2. Surveyor will attempt recovery of survey datum control as established previously for local CORR projects in the immediate vicinity Otitis prat (Brushy Crook Trail Project). The vafuss will be reconciled to GRS S9, NAD S3 Texas State Plane Coordinates, Cental Zone 5376- (141P54203), US Survey het. Vertical Datum will be relative as to that established for the above projects sad reconciled to the CORR Survey Control System. 3. Design and establish horizontal survey traverse as needed for topogrrphlc data gathering procedures. The area of data will be as Mews: the 50 foot route survey limits, the inunediae areas in the vicinity of dna existing manholes. 4. Surveyor win perform differential level loops for installation of a benchnls& system at strategic locations at approximate 500 teat intervals whin the project limits. 5. Collect spot elevations along the project route including edges of back of curbs, driveways, visible utilities, drainage stns, centerline of roads, trees $" and up, any other hard surfaced improvements within the defined area, grade breaks, flowlines of watercourses, and other significant features relevant to the project (MH invent). The collected data will include spot elevations and braklbres sufficient to generate a 1 foot contour interval DTM for the projod4. 4of5 6. inland will perform sufficient boundary y analysis to prepare deliverables for up to 7 temporary construction easements along the project mute. It is assumed that there will be preparation of Temporary Coir Easements only and that the easements by minimal description (signed and sealed) will be parallel and coincident with the existing permanent easement AND that a minimal sketch depicting the TCE will be delivered as support to the description (not signed and sealed). It is also assumes that the existing easement documents win be provided for the surveyor's use. 7. Deliverables will include a 3D file with break -lines. A DTM file processed to 1.0 foot contours will be provided and the associated spot point data In ASCII format. A list of benchmarks and project control coordinates will be included in list formats and notated in the DTM file. E. Inland will locate and process up to 3 geotechnical boreholes within the project limits. This proposal assumes a separate mission for collecting this information but is included in the field survey estimates. C. GEOTECHNICAL INVESTIGATIONS I. Perforin two (3) borings to a depth of about twenty (20) feet. The borings will be used to investigate subsurface stratigraphy and to obtain samples for laboratory testing. 2. Laboratory testing will be performed to determine the soil's plasticity and strength characteristics. Testing will include: (a) U.S.C.S. Soil Classification (b) Atterberg Lintels Tests (c) Sieve Analysis (d) Moisture Content (e) Unconfined Compressive Strength 3. The Geotechnical Engineer will coordinate with locator service to determine existing utility locations. 4. The Engineer will prepare a geotecbnical report that will present recommendations for the pipes replaces. The geotedmkal report wig Include: (a) General subsurface condition:, discusses of site geology (b) Boring lop with demi tions of:creta and laboratory test results, and water levels obtained nt the time of drillkrg (c) Boring location plan S. The Engineer will riot with the geotechnical subconsultant on a regular basis to coordinate their work on the Proiect 5 of 5 EXHIBIT C Work Schedule Duration Completion Date Notice to Proceed N/A Jun 24, 2011 Initial Data Collection 7 Jul 1, 2011 Topographic Survey 35 Aug 5, 2011 GeotcchnicaV ENV Study 14 Aug 19, 2011 Prelitninay Technical Memo TM 21 Sep 9, 2011 City Review of TM 14 Sep 23, 2011 60% Plans Subtnittals 56 Nov 18, 2011 City Review of 60% Plans 14 Dec 2, 2011 90% Plans Submittals 42 Jan 13, 2012 City Review of 90% Plans 28 Feb 10, 2012 100% Plans Submittal 14 Feb 24, 2012 Bid Phase Services 56 Apr 20, 2012 Notice to Proceed 56 Jun 15, 2012 Construction Phase Services 120 Oct 13, 2012 EXHIBIT D Fee Schedule Attached Behind This Page CH IANG PATO 8 YERAY, INC. ADDENDUM TO EXHIBIT D Fee Sehedale Dine Salary Cast On attacked sarnmary) ►icini?d.c1pal 0 Nes. ® S70.00 0.00 Fraiset Mama 119 14n. a 345.00 3,333.00 SeeksEniiaser 30 Hrs. a 333.00 1,650.00 Des* EliSineef 0 Iles. a 336.25 0.00 EIT/Tcch. 241 Mn. a 330.00 7,230.00 Chieftlyialosist 0 Hrs. • 355.00 0.00 CADD Operator 114 Hrs. a 326.00 4.7114.00 A Cksieai 32 Drs. S 321.50 1,111.00 20,137.00 (CT&Y RarirawseaMl Services) ENV Masson 3 Hrs. a 353.00 163.00 Sr. ENV Specialist 11 Hae 331.30 693.00 ENV Specialist 4 Hes. a 327.30 163.00 Sr. Anti. Mania 0 Hrs. a 349.00 0.00 Biaiaikt 23 En. a 321.30 790.00 013 Specialist 16 Nes. 8 324.00 3144.00 2,205.00 TOTAL DIRECT SALARY 20,137.00 SALARY RELATED CONT (154.0016) 31.21145 TOTAL LABOR COSTS 47.130.15 USW 64,277.30 EXUMA TOTAI, EXPENSES 122.00 Fain Csasslk 4., bte. 3,595.61 islssd Oesi,Nes,1.F 13,071.10 CERT EavkaissetM Services 7.035.17 Exhibit D t x 44 1141.75 !22.00 A. COW PAIIROMfellgitIM IMAM 10114.27 �a 1 1 f "d+Y IMMEMEM---, @-,.«'�.....'�- _-�g7rm., �- �� � � __..:mto�.+cn..�.rauu>.aml.•�:.�,vti.s.x...a,�.r'IYGI�� ' .. .Yt-4... -EMU= Now W3 ME3E3E3 r AY 9 d a � � r pp r x. la pp ri;1111 NNN W IMEIM 1: I SI Nib ; lb M : 1111111111 NNN PHI III 1 1 Ex#I-Wt D .02111.M,.S Pop II EXHIBIT E Certificates of Insurance Attached Behind This Page 0//00/2011 15:31 FAX 51221870/7 CERMICATE OF UNARY INSURANCE PIIOOUSiR: . TN __ Texas Dept o1 4 FR 0620 A S C D voter to the go.4/.ls Data. 6/O1t1 COMPANIES APPORDING COVERAGE Ti welers Lloyds Loosens Comps littrIked Are kanaenas Osmpsrgr )XL. aped* Immense Company Trawlers Indemnity Co. of Coarsotleut TDI 5241 Thsreinafter dessitbeE tor the HIS IS TO CERTIFY THAT the hound nntsd above is hawed by pro Catwalks Natal abovs wlllt and respect lwithsr hsps► dsosrlbsd. the buskins *wallow of zespMsnes p Inurance endMoles ars tuned henna assordease with thet eto�►e M pa standard petfmlii %rood by fits sentpanies, OT PE .OF POLICY EFFECTIVE LT• A WISURANCE MINDER DAA EXPIRATION J11IOtd LIMrre A A. Otter, mousy PACP1081UNI W112011 WN3012 GENERAL• GATE ....$2.000,000 AGO. $ PERSONAL a ADV. NAM $1.000,000 EACH OCCURRENCE $1.000.000 PNS DAIlAt E (Any one Ito) $1.000.000 ME'). EXPENSE (Any one p $ 10,000 D • AUT'OBMOSS.E LIABILITY DANINSI165 &112011 11/13012 COWIN= SNOW UMW $1.000.000 WOOLY 0VURY (Per person;) $ BODILY KART (Per sodden() PROPERTY DAMAGE EXCESS LIASILfIY EACH OCCURRENCE SATE 1 $ S • WORRIER, COMPSN$ATION 4SMIECZNNII 111/2011 1/1i70/S STATUTORY UNITS MOD 1MPL UMW', EACH EAACCIDENT = $ 50000 DWASE • POUCY L*trr $ 400000 pSEME • EACH EMPLOYEE 1 10p,004 C • PROFESSIONAL LIAINUTY OPROSg800 41113011 411/2015 $3.000.000 Per pia ►ArurwM y Tits et Round Reek 1s numsd as gainsaid Insured nab end UMW. Siesta any pas above dsserlM j� emessirs and� issuing Nifty (NO eanselled thesettprnjwM nal�days wales mese M RAs menet ambler below.ed bsiadate CERTIFICATE HOLOilr CCityens, r et Nomad Men _ EH E. Mets Resat Rarad Rsrb. Tens 7.004 OR ALL.A1ION p1EJRANCi DESCRIPTION CP ONERATIONSELOCATIONSIVEHICLESEPICIAL ITEMBJt PTIONB • Thubbta asIoredislmilialikapervis bfibrilrrr~rt6tM*Air remerstailis tiepelltrpoi4fMY siljser•*AMU 00650-1.2001 Palo 2 c.imate of LAW* Instraeos