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R-11-08-25-9E3 - 8/25/2011RESOLUTION NO. R -11-08-25-9E3 WHEREAS, the City of Round Rock desires to retain engineering services for the Round Rock Treated Transmission Line Segment 3 Project, and WHEREAS, Jacobs Engineering Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Jacobs Engineering Group, 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 Jacobs Engineering Group, Inc., for the Round Rock Treated Transmission Line Segment 3 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 25th day of August, 2011. 6)./(,„ ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: (NMAA- . SARA L. WHITE, City Secretary O:\wdox\SCC1nts\0112\ 1104\MUNICIPAL \00230278.DOC/rmc ROUND ROCK, TEXAS PURPOSE MSSIOC(PROSPERnt EXHIBIT „A„ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: JACOBS ENGINEERING GROUP, INC. ADDRESS: 2705 Bee Cave Road, Ste. 300, Austin, Texas 78746 PROJECT: Round Rock Treated Transmission Line Segment 3 ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON 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 Iocated at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7181; 228734 WAO5WTPRHB 1 Rev. 05/10 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review 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 pedant.' the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 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 One Million, One Hundred Forty Nine Thousand, Four Hundred Thirty Six and No/100 Dollars ($1,149,436.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 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 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Jeff Bell Project Manager Infrastructure Development and Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 801-4461 Fax Number (512) 218-5563 Email Address jbell@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: Drew Hardin, P.E. Manager-Water/Civil Infrastructure 2705 Bee Cave Road, Ste. 300 Austin, Texas 78746 Telephone Number (512) 314-3100 Fax Number (512) 314-3135 Email Address Drew.hardin(Qjacobs.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 attairunent 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 full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in 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 MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 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 claitns or liabilities which inay be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 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). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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 inay 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: Drew Hardin, P.E. Manager-Water/Civil Infrastructure 2705 Bee Cave Road, Ste. 300 Austin, Texas 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duty 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. White, City Secretary JACOBS E►� " GROUP, INC. By: Signature of Princi al Printed Name: teV i r1 F. I`Ielson j R E . 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 of Round Rock (CORR) will furnish to the Engineer the following items/information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all criteria and full information as to City's requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which City will require to be included in the Project Drawings and Specifications. 3. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer's disposal. 4. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; b. The services of an independent testing laboratory to perform all inspections, test and approvals of samples, materials and equipment; c. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; d. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; e. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as City may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; f. Give prompt notice to Engineer whenever City observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer's services, or any defect or nonconformance in Engineer's services in the work of any Contractor. 5. Payment of all permitting fees including, but not limited to, TCEQ, ROW Permitting, Texas Historical Commission, USACE, Williamson County Habitat Conservation Plan, and Williamson County. EXHIBIT B Engineering Services The purpose of this Scope of Work is to provide engineering services for Preliminary and Final Design, Bid Phase, and Construction Phase Services for the City of Round Rock Segment 3 Treated Transmission Line located in Cedar Park and Round Rock, Texas. Anticipated constructed improvements include: • 12,000 LF of 48 -inch treated water pipeline from Ronald Reagan Blvd. to northwest corner of Sam Bass Rd and RM 1431. • Connection to BCRUA 78 -inch pipeline currently under construction on west end. • Connection to the existing Round Rock water system at the northwest corner of Sam Bass Rd and RM 1431 on east end. • Master meter, chlorine feed, chlorine analyzer, and RTU monitoring and control equipment — Iocation to be determined. • Extension of New Hope Road will be considered during schematic level design but will not be part of the constructed improvements with this project. Detailed tasks included in this Scope of Work are described herein. BASIC SERVICES A. Preliminary Engineering Phase 1. Project Management & Coordination a. Project Administration. Manage overall scope, schedule, budget of project and coordinate activities of sub consultants during preliminary design phase. b. Meetings & Communication i. City of Round Rock — Conduct kickoff meeting plus up to two (2) additional meetings with City of Round Rock staff. ii. Stakeholders - attend up to five (5) meetings with property owners, agency stakeholders including City of Cedar Park, BCRUA, and Williamson County, or other stakeholders as required. 2. Data Collection & Review Collect applicable data and develop constraints map along potential alignment corridor(s). Data collection includes: • Record drawings for existing utilities • Applicable studies and reports • Property ownership information • Preliminary field observations • Available topographic mapping • Existing GIS data from Round Rock and Cedar Park 3. Environmental Investigation & Permitting a. Overall Environmental Permitting Coordination. Manage and coordinate all environmental permitting efforts for this project. b. Karst Survey i. Conduct a karst survey to determine the presence of sensitive karst features in accordance with the USFWS and Endangered Species Act guidelines for endangered karst species (EKS). ii. Corridor to be surveyed is approximately 1,160 -ft wide, along the pipeline alignment. Site investigation will include 50 -foot pedestrian transects throughout the portion of the corridor located within Zone 1 (known habitat for EKS), and reconnaissance level review in portions of the corridor located within Zones 3 and 4. c. Edwards Aquifer Protection Plan (EAPP) Develop EEAP per TAC, Title 30, Part 1, Chapter 213, Subchapter A for Take Point Site (chemical feed, metering, and SCADA) and subtnit to Edwards Aquifer Authority for approval. Provide three (3) hard copies and one (1) electronic copy of final report to the City of Round Rock. Major components shall include: i. Water Pollution Abatement Plan (WPAP) ii. Site Location iii. Geologic Assessment (to be done by ACI— see item 3.d.) iv. Technical Report d. Geologic Assessment Report i. Incorporate karst survey findings into a geologic assessment report, conducted according to guidelines specified in the Texas Commission on Environmental Quality (TCEQ) Publication 0585, Instructions to Geologist for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones (10-1-04). ii. Report will include descriptions, photographs and sensitivity ratings of geologic features identified during the site reconnaissance. Provide three (3) hard copies and one (1) electronic copy of final report to the City of Round Rock. e. Archeological Investigation i. Obtain a Texas Antiquities Permit, as required by the Texas Antiquities Code (TAC). ii. Conduct an intensive archaeological survey of the area of potential effect (APE), to identify important archeological materials that may be impacted by pipeline construction. iii. Survey will follow guidelines of the Council of Texas Archaeologists, Archaeological Survey Standards for Texas of the Archeology Division of the Texas Historical Commission, and the Rules of Practice and Procedure of the Texas Antiquities Committee. (a) An intense visual surface inspection of the area of potential effect (b) Re -location and determination of the boundaries of any previously recorded Archeological Sites within the APE. (c) Excavation of a minimum of 16 shovel tests per mile, depending upon exposure, in compliance with THC's standards. (d) Excavation of a minimum of 6 shovel tests to define archeological site boundaries. (e) Analysis of data and diagnostic artifacts. (f) Newly identified and re -located archeological sites will be recorded on TexSite forms and submitted to the state and Texas State trinomial site numbers will be requested for newly recorded sites. iv. Prepare a detailed Draft Technical Report describing the work performed and results. Submit to CORR and the Texas Historical Commission for review and initial comment. Revise the report based on review comments and submit twenty (20) copies of the final report to the THC, as required by state guidelines. 2 f. Waters of the U.S. & Endangered Species Perform mandatory actions as required under Section 404 of the Clean Water Act for the express purpose of developing information pertinent to the completion of a nationwide permit application for submittal to the United States Army Corps of Engineers (USACE). Specific services include: i. Delineation, Delineations of the boundaries of waters of the U.S. will be conducted within the proposed easement area and identified alignment from Ronald Reagan to NW corner of Sam Bass & RM 1431. (a) An in-house review of pertinent documents will be conducted prior to conducting the fieldwork. This will include a review of aerial photographs, the county soil survey, USGS topographic maps, and floodplain maps of the proposed alignment. (b) Site investigation (up to 3 days) of the proposed alignment to determine the extent of observed waters of the U.S. Jacob's will follow the 1987 Manual with respect to wetland delineation methodology. Other pertinent regulations and definitions will be followed for delineation of non -wetland waters (i.e., ordinary high water mark). (c) Waters of the U.S. will be surveyed using a Global Positioning System (GPS). This GPS system is capable of sub -meter accuracy with post -processing. (d) Photographs of the potential waters and surrounding habitats as required by the USACE in cooperation with the USFWS will be taken along with field notes and data sheets (where appropriate). This area will include the Waterline easement of 40 feet and the proposed New Hope arterial ROW of 120 feet, as appropriate. ii. Preliminary Jurisdictional Determination (PJD). Information gathered during the initial investigations will be incorporated into the PJD for submittal to the USACE (only if required under the Section 404 permit program). The PJD will be prepared in accordance with USACE guidelines and shall include general purpose statement regarding the jurisdictional determination, methods used, results of the delineation and assessment of suitable habitat for endangered species, and conclusions. g. iii. Nationwide Permit NWP) Pre -Construction Notification (PCN). It is assumed that the proposed project can proceed under a Nationwide Permit - 12 and will require pre - construction notification (PCN) to address General Condition 17 pertaining to threatened and endangered species habitat in the project area as well as exceeding 0. IOacres of impacts to WOUS. Jacobs will prepare application in accordance with USACE guidelines and shall include the following: • Nationwide conditions and requirements checklist • General Conditions checklist • NWP-12 specific requirements checklist • Regional conditions checklist • Project Inforrnation form • Project impacts and mitigation form • Historic Properties and Cultural resources report • US Fish and Wildlife Consultation for Endangered Species, if required • Water Quality certification • Attachments as required. Phase 1 Environmental Site Assessment (ESA) Assuming the Take Point Site is acquired by fee simple purchase, conduct Phase 1 ESA prior to purchase. Assessment includes: 3 i. On-site visit to view present conditions (chemical spill residue, die -back of vegetation, etc); hazardous substances or petroleum products usage (presence of above ground or underground storage tanks, storage of acids, etc.); and evaluate any likely environmentally hazardous site history. ii. Evaluation of risks of neighboring properties upon the subject property iii. Review of Federal, State, Local and Tribal Records out to distances specified by the ASTM 1528 and AAI Standards (ranging from 1/8 to 1 mile depending on the database) iv. Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors). v. Examine municipal or county planning files to check prior land usage and permits granted. vi. Conduct file searches with public agencies (State water board, fire department, county health department, etc) having oversight relative to water quality and solid contamination issues. vii. Examine historic aerial photography of the vicinity. viii.Examine current USGS maps to scrutinize drainage patterns and topography. ix. Examine chain -of -title for Environmental Liens and/or Activity and Land Use Limitations (AULs). 4. Preliminary Geotechnical Assessment a. Desktop geotechnical assessment i. Review available published Geologic Maps, USGS Topographic Maps, and USDA Soil Survey Maps of the vicinity. ii. Review of nearby soil borings obtained through other projects. iii. Visual site reconnaissance along the proposed alignment to document site conditions. b. Report i. Geologic and near surface findings ii. Site observations along the proposed alignment iii. Discussion of the anticipated subsurface conditions iv. Proposed geotechnical investigation plan v. Feasibility of installation techniques. 5. New Hope Road Schematic Design — Ronald Reagan to Sam Bass Perform schematic design/roadway planning to identify the future MAD -4 alignment of New Hope Road from Ronald Reagan Boulevard to CR 175. The schematic design will determine the preliminary geometries, preliminary drainage system, and the proposed future right-of-way. a. Meet with the City of Round Rock (CORR) and City of Cedar Park (COCP) to coordinate the aligmnent study. It is estimated that three (3) meetings will be necessary with various City personnel. b. Review Existing Data - Review all available studies, reports, plans, drawings, and other documents that are applicable as background information provided by the CORR. Review existing water, wastewater and drainage systems, proposed roadway improvements and other proposed developments abutting or adjacent to proposed corridor provided by the COCP. c. Develop Roadway Design Criteria for review and approval by CORR and COCP. d. Constraints Map - Within the study area, develop a constraints map of features to be avoided (utilities, floodplains, environmental issues, etc.). e. Develop Alignments — Develop up to three (3) alternative alignments to minimize impacts to critical features. f. Develop roadway schematic, for one alternative, in a scroll plot to include: • Preliminary Horizontal Alignment 4 • Existing Right -of -Way (ROW) and Easements • Property Ownership • Proposed ROW • Identify Major Utilities • Identify Bridge Locations 6. New Hope Road Investigation — Sam Bass to Arterial H Perform desktop analysis for potential New Hope Road alignment between CR 175 and Arterial H to determine approximate location of "tie in" point of New Hope Road at CR 175. a. Perform desktop analysis (no field investigation) to identify known environmental features including waters of the U.S., known geological features, known endangered species habitat, and/or known cultural/historical sites. b. Identify property boundaries (frown readily available data) and ownership information c. Determine approximate alignment of future roadway and 12" waterline based on readily available information. Roadway profile, drainage facilities, and/or water quality requirements will not be considered as part of this analysis. d. Evaluation of 12" water line location adjacent to future New Hope Road. 7. Pipeline Schematic Level Design The conceptual pipeline alignment is planned to generally parallel future New Hope Road right- of-way from Ronald Reagan Boulevard to CR 175. The pipeline connects to existing City of Round Rock infrastructure at the northwest corner of the intersection of CR 175 and RM 1431. a. Pipeline Route Analysis i. Develop up to three (3) alternative alignments for the portion of pipeline extending from the vicinity of the intersection of future New Hope Road and CR 175 to the northwest corner of the intersection of CR 175 and RM 1431. ii. Prepare a preliminary alignment map for use in comparing the above alternatives, with respect to: total length of pipeline, easement requirements, pipeline access and maintenance considerations, environmental constraints and construction considerations. b. Hydraulic Analysis i. Obtain and review previous overall hydraulic model/analysis of treated water transmission system from BCRUA's elevated tank to City of Round Rock take point. ii. Confirm the capacity of the overall treated water transmission system, including the 48 - inch Segment 3 pipeline, to deliver the required flow. iii. Verify delivery pressures and determine required pressure class rating for Segment 3 pipeline. c. Construction Methods i. Identify alternative methods of construction along all portions of the alignment, including open cut trenching and any required trenchless crossings of environmentally sensitive areas and/or paved roadways. ii. Make preliminary recommendations on construction methods, based on construction cost, environmental impacts, etc. d. Construction Materials i. Evaluate steel pipe and ductile iron pipe options. ii. Recommend preliminary technical specifications for the two pipe material options, including interior linings, exterior coatings, joint lengths, joint types, embedment/backfill requirements, and pipeline appurtenances, such as air and vacuum valves, drain valves, isolation valves, etc. e. Conceptual Corrosion Analysis i. Based on steel and ductile iron pipe options, preliminary pipe depths, and preliminary locations of pipe features, develop work plan in preparation for detailed field testing. 5 f. Schematic Level Plan & Profile Drawings (30%) i. Develop schematic plan view (scale: 1" = 100') for selected alignment, showing crossings of existing utility and roadways, easement widths, approximate locations of pipeline appurtenances, and conceptual connection details. ii. Using available topographic mapping, develop schematic profile view for selected alignment to show proposed depths of cover, pipeline appurtenances, and any required trenchless installations. 8. Metering, Chlorine Feed, and SCADA Schematic Design a. Take Point Siting study. Evaluate up to three (3) potential sites for the treated water take point and make recommendation based on cost, community impact, project risk, and environmental impact. Preliminary layouts will be provided at all three sites to identify access and required acreage. b. Disinfection Requirements. Perforin chloramine disinfection kinetic study to determine disinfection requirements at the Treated Water Distribution Take point Site. c. Acceptable Materials & Manufacturers. Determine acceptable materials and manufacturers for the proposed systems to be installed at the Treated Water Distribution. Take point Site. d. Radio Path Study. Upon Owner's approval of proposed Treated Water Distribution Take point Site, perform radio path study to define scope of radio communication equipment (i.e., definition of antenna heights and repeater site locations, etc.). e. Schematic Level Site Layout. Prepare schematic level site layout of the Treated Water Distribution Take point Site, including: metering, pressure control valves, isolation, valves, chemical bulk storage and feed systems, and chlorine/chloramine analyzing. 9. Preliminary Engineering Report Develop preliminary engineering report that documents technical and environmental evaluations performed and provides final recommended facilities to be designed. Report will include recommended facilities and location thereof, associated permitting requirements and land acquisition requirements, and estimated project costs. Six (6) copies of draft and final copies will be provided. B. Final Design Phase 1. Project Management & Coordination a. Project Administration. Manage overall scope, schedule, budget of project and coordinate activities of sub consultants during design phase. b. Meetings & Communication i. City of Round Rock — Attend up to five (5) progress/coordination meetings with City of Round Rock staff during design phase. ii. Stakeholders - attend up to ten (10) meetings with property owners, agency stakeholders including City of Cedar Park, BCRUA, and Williamson County, or other stakeholders as required. 2. Cathodic Protection a. Field Survey i. Record soil resistivity measurements in accordance with ASTM G57-95. Measurements will be performed from grade to depths of five, ten and fifteen feet. A total of thirteen (13) sets of readings will be recorded at approximately 1,000 -foot intervals, including one set at each end of the pipeline. ii. Collect soil samples from twelve (12) locations at approximately 1,000 foot intervals. Collect groundwater samples, if possible. 6 iii. Survey pipeline alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified, and the impact of foreign pipeline crossings will be assessed. iv. Survey pipeline alignment for possible induced AC interference and the need for protection under fault conditions. b. Data Analysis and Laboratory Testing i. Evaluate soil resistivity test data ii. Test soil samples for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. iii. Test water samples for pH, chloride ion concentration, sulfide ion concentration and conductivity. iv. Tabulate and analyze DC interference test data. v. Compile all data and perform analysis of the conditions for galvanic and electrolytic corrosion along the pipeline route. c. Corrosion Protection Design i. Define corrosion protection and DC interference mitigation requirements for AWWA C200 welded steel pipe and AWWA C151 ductile iron pipe. ii. Design and prepare drawings and technical specifications for joint bonding and electrical isolation, corrosion control test stations, cathodic protection and polyethylene encasement for ductile iron pipe. 3. Geotechnical Investigation a. Soil borings i. Obtain street cut permits as necessary for drilling. ii. Drill borings at approximately 1,000 ft intervals along the pipeline alignment (thirteen (13) borings, each drilled to a depth of 20 feet). 111 Drill borings on each side of Brushy Creek (two (2) borings, each drilled to a depth of 30 feet). iv. Plug all bore holes upon completion of the drilling operations. b. Laboratory testing i. Classification of soil strata and evaluation of plasticity and shrink/swell potential. ii. Unconfined compression tests on selected intact soil and/or rock specimens to evaluate compressive strength of subsurface strata. iii. Soluble sulfates, chlorides, pH, and box resistivity testing to evaluate soil corrosivity. c. Geotechnical Report i. Engineering analyses of field and laboratory data to develop selected geotechnical parameters for pipeline installation.. 4. Surveying & Easement Documents a. Control Survey i. Perform field surveys to establish horizontal control relative to NAD 83 Texas State Plane Coordinates, Central Zone 4203 (scaled to surface values). Vertical datum will be GPS Orthometric heights and projected through the length of the project. b. Topographic Survey i. Perform detailed topographic route survey of approximately 12,000 LF (estimated at 160' wide corridor, with envelope data). Collect spot elevations and break lines along the alignment, to include improvements, drainage features, trees (8" caliper and greater), visible utilities, and flow line information in accessible wastewater manholes. 7 5. Drawings & Specifications a. Design and prepare drawings and specifications at milestones of 75% complete. Submit drawings and contract documents to City for review and comments at 75% complete milestone. Meet with City to discuss 75% complete review comments. i. General Drawings as required, including cover sheet, general construction notes, horizontal control sheets, etc. ii. Plan and profile sheets iii. Pipe and valve detail sheets iv. Miscellaneous detail sheets v. Erosion and sediment control sheets and SWPPP. vi. Tree protection sheets vii. General traffic control sheets (Contractor to prepare site specific traffic control plan with means and methods). viii. Civil, structural, architectural, process mechanical, budding mechanical, electrical, instrumentation & control design sheets for the Treated Water Distribution Take point Site. b. Make necessary revisions to address or incorporate all review comments into 100% complete documents. Submit to City for final approval. c. Contract documents and technical specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications shall conform to the 16 -division format of the Construction Specifications Institute. d. Bid Documents. Furnish five (5) copies of approved drawings and specifications to City. Furnish final drawings and specifications on CD in electronic format. Cost of reproduction of bid documents will be recovered by Engineer through plan set costs charged to bidders. 6. Permitting and Approvals (non-enviromnental) a. ROW Permits. Prepare and submit on behalf of the City all required TXDOT, County ROW, and City ROW permits as identified in the Design Report. All fees shall be paid by City. b. City of Cedar Park - Assemble, sort and package (by design discipline) one complete set of permit drawings and final design criteria as necessary to submit to the City of Cedar Park Plan Review Department to acquire a Building Permit for the Treated Water Distribution Take point Site. c. TCEQ - Assemble, sort and package (by design discipline) one complete set of permit drawings and final design criteria as necessary to submit to the Texas Commission on Environmental Quality (TCEQ) for plan review of the Treated Water Distribution Take point Site. 7. Estimate of Probable Cost a. Prepare and submit engineer's opinion of probable construction cost at all deliverable milestones. Itemized breakdown of opinion of probable construction cost will be based on final plans and specifications. C. Bidding and Contract Award After acceptance by City of the Bidding Documents and the most recent opinion of probable construction cost as determined in the Final Design Phase, assist with the Bid Phase of the project. It is assumed that this project will consist of one construction contract. Services include: 1. Prepare pre-bid conference agenda and sign -in sheet as well as run pre-bid conference, 2. Prepare Addenda(s) as appropriate to clarify, correct, or change the Bidding Documents. 3. Answer questions during the bidding process. 4. Run the Bid opening and prepare bid tabulation sheet for bid opening. Assist CORR in evaluating of bids, tabulating bids, and make recommendation for construction contract award. 8 5. Receive and evaluate bids and make a recommendation on award. 6. Prepare and distribute construction agreements for signatures by City of Round Rock and Contractor. 7. Update contract documents by incorporating all addenda items into a conformed set of drawings and specifications. D. Construction Administration Provide support services for construction administration of one construction contract. Jacobs shall not assume any responsibility or liability for performance of the construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. In addition, Jacobs shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor. Specific tasks include: 1. Project Management & Coordination; Run pre -construction meeting, prepare meeting agenda, and issue a Notice to Proceed on behalf of the City. 2. Re-establish and flag survey control points for Contractor's use during construction staking. 3. Run construction Meetings (assumes monthly meetings and 12 month construction period). 4. Conduct periodic site visits at appropriate intervals as construction proceeds to observe and repot on the executed work. When Jacobs is called upon to observe the work of the construction contractor(s) for the detection of defects or deficiencies in such work, excluding the Engineer's responsibilities under its scope of work regarding contractor(s)' compliance in accordance with the Project plans and specifications, the Engineer will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. The Engineer shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. 5. Review BFI's from the Contractor. Issue Clarifications and Interpretations. Issue Field Orders as required. 6. Issue Change Proposal Requests and prepare Change Orders. 7. Review Shop Drawings and Submittals submitted by Contractor for compliance with design concepts. Jacobs shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the Engineer's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. 8. Review all materials testing reports. 9. Review and make recommendations on monthly Applications for Payment. 10. Conduct Substantial Completion Observation and issue punch list. 11. Review Contractor's Completion Documents. 12. Conduct Final Completion Observation and make recommendation on final payment. Final Observation, Notice of Acceptability of the Work, and Post Construction Site Visits. 13. Prepare record drawings from information submitted by the Contractor. Furnish record drawings on CD in electronic format and one full size, paper set of drawings to CORR. ADDITIONAL SERVICES The following services shall be performed on a lump sump per each basis and shall be performed only upon written authorization by City: 9 E. Land Acquisition Provide land acquisition services as follows and described in detail in attached scope of services from LAN: 1. Right of Entry 2. Title Reports 3. Acquisition Services 4. Appraisals 5. Condemnation Support F. Property Acquisition Survey Perform deed research for initial analysis and reconstruction of parcels included as part of property acquisition. Includes field surveys sufficient for preparation of up to 20' parcel packages. Survey packages consist of survey plats of the property and accompanying metes and bounds descriptions suitable for property acquisition purposes. Also, includes preparation of overall right-of- way/easement strip map for depicting the overall acquisition schematic with numbering scheme referencing individual parcels. EXCLUSIONS The following items are not included in the scope of work and will not be performed without written authorization by Owner: 1. Phase II karst excavation, subsurface features survey, biota collection or EKS habitat evaluation. 2. Archeological excavation of deep sediments requiring backhoe; and, scientific analysis of recovered materials such as radiocarbon dating, faunal analysis, micro botanical analysis and curation of artifacts (the archeological survey will maintain a non -collection policy). 3. Preparation of a participation application for the Williamson County Regional Habitat Conservation Plan (Wilco RHCP). 4. Environmental and/or agency permitting fees. Assume fees will be paid directly by City. 5. Collection and/or laboratory analysis of any samples, including but not limited to, soils, water, building materials, or waste, from the subject property as part of Phase 1 ESA. 6. Design of future New Hope Road or components thereof beyond schematic design described herein. 7. Title policy fees (recording fees, services fees, and other cost normally charged by Title Company). Assumed that these fees will be paid directly by City. CLARIFICATIONS & ASSUMPTIONS The following items are clarifications and assumptions related to the scope of work described herein. 1. Pipeline construction is assumed to be open -cut the entire distance. If trenchless construction is required, additional services may be required for development of a geotechnical baseline report, tunneling/shaft design, additional geotechnical investigation, or other. 2. Master metering, chlorine analyzing and dosing and RTU control and monitoring will occur at the proposed Treated Water Distribution Take point Site related to the project. 3. Preliminary design of Treated Water Distribution Take point Site will include civil, structural, architectural, process mechanical, building mechanical, electrical, instrumentation & control design disciplines. 4. Based on previous CDM investigations for BCRUA, the proposed chlorine dosing station at the Treated Water Distribution Take point Site will require a chloramine disinfection scheme in the form of Sodium Hypochlorite (NaOCI ) and Liquid Ammonium Sulfate (LAS). 5. Based on previous CDM investigations for BCRUA, the proposed layout of the Treated Water Distribution Take point Site will include indoor bulk storage of Sodium Hypochlorite (NaOCI ) and covered bulk storage of Liquid Ammonium Sulfate (LAS). 10 6. Although Jacobs will attempt to identify environmentally detrimental conditions/materials for the Phase 1 ESA, some conditions/materials may exist that are beyond reasonable access for this type of investigation(s). Therefore, based on acceptance of this proposal, Client acknowledges and agrees that Jacobs has no liability or responsibility related to any undiscovered conditions/materials. 7. Planned duration of each phase of the project is as indicated on attached Exhibit C — Work Schedule. In the event that schedule extends beyond specified durations for reasons not caused by Engineer, additional services may be required. 11 EXHIBIT C Work Schedule Attached Behind This Page Round Rock Segment 3 TM EXHIBIT C - WORK SCHEDULE � [1 'ji • 03 0 I .12=1-- a ; a XI A 14_;:fifr Nom... ET .... jitirmi,... MI II n in . -■ • Fi -1 N mg .... A i 1=L s i ar e i N A i _ 5'a�aj ..° g LEt11i1IflIii j LL _ n13&&ac"8nA' 1 II !.c,! ; ���iii 11. I , 1 I f' .- ;LL ;5 If li �.- li a'*a I 'LL . I 1 w E 1 i - Y . � i LL �;�I �. I i 1 i ,� 1LL : I 1 gg III • Ik k I k _ 5j� o?` 'N N i! ' .Y=_ N gb$1X I • . hIll �_ _ 1=L 11 _ =k N 'N ' N !N f I i� ;, ISN8i2P..ti i N IN N N 11 .LL ! N N 5 '• �� 8nIiIitI :N ! N Sir li .r 1 N N 'N N lea 5 '' f; N N s • LL N_ N 5 oN. 'N ! N la q_ ;° •f ; N _ o EXHIBIT D Fee Schedule Attached Behind This Page City of Round Rock Segment 3 Exhibit 0 - Engineering Services - Fee Schedule JACOBS Desalptlon 7M311. 054 Total Saba mums r ExpensesT01+14r 454 Basic Services Special Services loaded _. �`�.�- `'`3 "^F�''�-r"'t sT?^"' r* m- ' -. �h`�u-`� sem' sal- li°"' �t'�?'u to B t.'wm�•e,% A ` :'.-,z} •._ro.-.'. Preliminary Engineering Phase 1 Project Management & Coordination 20.471 1 3.002 1 250 1 24,113 1 24,231 1 2 Data Collection 4 Review 13055 a 1.2(0 1 Sao t 14,560 a 14.565 $ 3 Environmental Investigation 6 Pemdtting s x72 $ 32,150 0 700 $ 60212 $ - 6 09212 4 Nebula OeoMdsIdkil Evaluation ass $ 7.240 $ 7045... $ 7040 $ Hew Hope Read Schematic Dean 30.127 1 - $ 100 $ 30,251 5 1 30217 a New bops Rd Evaluation • Sam Bass to M. H 2020 1 2,300 1 - $ 10,330 1 1 10.320 7 Pipeline Schematic Level Design 24460 $ - s • $ 26050 s 24.600 6 - 9 Meted, ChlooIM. and SCAOA Schematic Design 7.117 '5 17,42 1 - 5 22,216 $ 17239 5 7.975 9 PrefirrMary Englneedng Report 14,111 $ 5,747 $ 400 $ macs 1 24.45 5 Sub Tota 0 140264 1 74.010 $ 5,459 1 257200 $ 116.473 5 137,764 B Final Design Phase 1 Project Management & Coordination 1 35523 2 3274 5 550 34037 5 11047 5 2 Cathodic Protection 1 8,003 0 11,970 $ 14,673 5 - 5 14073 3 Geotechnical M0eetlgation 1 1.613 1 31.30 $- - 34,410 5 $ 34610 4 Surveying 6 Eiseman Documentation 1 1,413 $ 46.311 1- 47.624 f - s 47.634 5 Cardona 5 Speatications 1 152012 5 154,441 $ 2.000 345453 $ 310,432 $ 8 Appprroovals6 Pembling loon -environmental) 1 1.471 $ • 1 0,471 $ 9.471 1 7 adnate of Probable Construction Cost $ 3,143 1 4.220 5.263 $ 8,363 Sub-Tot4 $ 207,076 $ 345,111 1 2,550 474,749 5 371.131 1 0,516 C Bidding and Contract Award 1 Attend pre.bdcarrerence 1 560 $ • ... j 5,000 5 12,290 S 2068 2 Prepare Addenda s 4447 0 7,643 S 12,290 3 Answer • . Pans 4701 • bed • • Gess t 2.596 $ - ...... $ 2.590 S 2,896 Attend Weill Opening $ 1 Si 0 • 1 100 1 1454 $ 1.454 Evaluate bids! recam10ndation on award 1 1 ca4 $ i 1.514 $ 1,884 : Prepare tonw agreements for signatures 6 731 s - 1 732 739 econtractdocumerdstoaconformed set 1 530 $ - s 2530 3 2 530 _ Sub•T0ta 1 05.916 1 7.843 1 100 $ 23161 $ 23.161 $ D Constnmtion Administration 1 • •'act 1 - - b Coon:Mation 0601 5• 1 9601 S 6.601 2 F •,-u,• of ConIct Point Locafons 5 .... - s 7,752 1 7,762 S 7.752 3 Attend Construction M eetrtgS,._.. 1 23635 s • s 850 s 24,451 24,465 4, Conduct pertain Site vosits 5 11 . 1 - 1-.,._ cso 5 11,564 ,,i $ 11,901 5 11111r1 Review RFrs Issue ClarIt it Into • Issue field orders Issue dm • - ,5,•reg end change orders 1_.._._... _7,212, S 5527 8 - 5 7212 $ 7,212 $- 0 6627 $ 5,527 5 53170---- Review shop drawl gs 6 submittals $ 10791 9 62.27 5 c3.170 Review of Materials Tes' R • • s 1.842 $ $ 1.842 S 1,842 Revewmon89y pay apps }_ 3 In $ 369 1- s 6.711 S 3,711 _._......_. . _...--- Conduct Subst.Compfe5onhis—peaion 1Plaxb'st 1- $ 2,361 S 2,369 RecewContractors • •.eOortDocuments 5 1.643 $ 5 1542 $ 1842 Final Con • '• ins • - • !Fe»tPa•menl I 2053 s 054 $ - 1 2.051 $ 2.053 ®• • . e and Subnit Record Drawings s - s 200 $ 3264 S 3,284 Sub Tot ' 1 75.703 $ 60.131 $ 1,500 1 141,724 $ 141234 $ • SubTotal Basic Services (Lump Sum) $ 483 463 $ 407,681 $ 6 400 $ 897 544 S 660,164 $ 237,379 A. 6 8 O _ I. ate'..Y1 Re• .--'-.- .... • a .v. - fix.-_ .- "c ._.., - -a-_. E Right -of -Way SeMces 1 Obtain rights 0f s 2250 5 15.060 5 17210 S 17,250 Tile - 1,350 5 ! 5 55.000 $ 10 1. 350 •' •� •=�u�='= .5...._.. 12 750 s 0000 s 97.74 S 97,750 S 46000 _IA17prmsal 0 40.000 }_ 54.090 Condemnation t.M $ s Lend euM• $ 7200-0 1 0.100 8 5.460 s 7,000 .. 1 500 S ,500 $ 5 264 1 5 264 5 - 1 /.251 5 4.174 =�d7: • : • 3'•` 111 $ $ 4.178 1S 1 1,40 M--'- 11 .. S 1.500.. ColSisr 5 1 L l $ 1.500 11155 .. - 855 8 9000 . . 5 5080 S 5,000 I= Sub -Tot 0 21.792 $ 10060 1 - 6 a01.2*3 1 - $ 301.152 F Rowdy AcquMMKon Sway i 1 4 ' tie • • 84.004 SubTotal - Add Services (Lump Stats pe Each $ 36,392 $ 215,600 S 261,892 $ - $ 251,892 Grand Total - Basic + Additional Services $ 619.856 $ 623,181 $ 6,400 $1,149,436 $ 660,164 $ 489,272 EXHIBIT E Certificates of Insurance Attached Behind This Page ACCPRIICTo CERTIFICATE OF LIABILITY INSURANCE IQ t70/2Ol THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the tons and conditions of the policy, certain polio!** may requlre an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(:), PRODUCER LIC 00437153 1-212-948-1306 Marsh Risk & Insurance Services CIRTS Supporteinternal.jacobs.com 777 S. Figueroa Street Los Angeles, CA 90017-5823 Pax to, 1-212-94S-1306 ENURED Jacobs Engineering Group Inc. 1111 South Arroyo Parkway P.O. Sox 7084 Pasadena. CA 91109-7084 COVERAGES CONTACT AME NlC Ne. rail: I raw* SP CUaTOUER ID 11. niSURER(8) AFFORDING COVERAGE Mama A: ACE AMER INS CO INSURER 8: NMI 22667 INSURER C: INSURERO: INSURER E : CERTIFICATE NUMBER: 22501454 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED 8Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS.y ITER TYPE OFMmaskSURANCE LSUBR TI GENERAL MUSTY NUMBER ��jMIQD/YYY► INSURERF: COMLMERC1L GENERAL LIABILITY 1 CWMS•MADE a OCCUR GENt AGGREGATE LAW APPLIES PER n p POLICY JFCT flux AUTOMOBILE LIABILRY ANY AUTO EACH OCCURRENCE E83 mm MED EXP (Any one soon) LIMITS PERSONAL SADV INJURY GENERAL AGGREGATE PRODUCTS • COMP/OP AGO ALL CAMEO AUTOS SCCHEDULEOAUTOS _ HIRED AUTOS •_1 NON.OWNEO AUTOS A UMBRELLAMAs H occur E%CESS LW CWMS•MADE $ i S s S i t COMBINED SE/OLE LIMIT (Es sadden!) BOOILYINJURY (Per pawn) BOOILYINJURY (Per somatic s 6 PROPERTY DAMAGE (Pa scddant) a S DEDUCTIBLE RETENTION $ WORKER: COMPENSATION AND EMPLOYERS'UMIL/TY Y/N ANYPROPMETOR/PARTNERADECUTI E D �R mamma/ 8 under OF OPERATIONS Itetem P SSS ORAL LIABILITY •CLAIMS MAWR EACH OCCURRENCE $ S AGGREGATE S S NIA BON 021655065 003 I TORY 11 I 'GFR E1. EACH ACCIDENT 6 EL. DISEASE -EA EMPLOYEE $ OESRIPTNONOFOPERATIONS/1oC71TIoNS/VENIOEJEa (Attach tot.MdtkelRemuksddwdela.Y OFFICE LOCATION Austin, Texas. PQQ78CT MGRI Drew Karelia. CONTRACP MOR• Creg Dickey. REO Round Rook Segment Transmission Main. CONTRACT NOME;RL TBD. CONTRACT IS DATE: TED. PROJECT * 3 CONDITIONS, MID LIMITS PROVIDED ENDER THIS CSRTIPICATE Or 1NSORAMCE MILL 007 IXXCBE8 0 D. ADEN I MIT MAY *TEE 9)88, CONDITIONS, AND LIMITS AGREED TO TRIM TEE APPLICASL; CONTRACV,e ED R BROADEN IN ANY MAY THE TERNS, 07/01/I 07/01/12 man EL. DISEASE POLICY $ PER CLAIM/PER 1,000,000 AGGREGATE DEFENSE INCLUDED CERTIFICATE HOLDER City of Round Rook Attnt City Manager 221 East Main Street Round Rock, TX 78644 I. nyuado newgalexy ACORIS25 (2009/09) 22501454 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE THE EXPIRATION DATE THEREOF, NOTICE WALL ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPREs The ACORD name and logo are register. 1980,2009 ACORD CORPORATION. •- CANCELLED BEFORE BE DELIVERED I7 Alt rights reserved. SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED; Jacobs Bnginaaring Group Inc. DATE 07/28/2011 SUPP (10100) ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY City Council Agenda Summary Sheet Agenda Item No. 9E3. Agenda Caption: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Jacobs Engineering Group, Inc. for the Round Rock Treated Transmission Line Segment 3 Project. Meeting Date: August 25, 2011 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: This Professional Services Contract is for preliminary design, acquisition of easements, environmental investigation, final design, bidding, and construction administration. These services are necessary for of approximately 12,000 linear feet of 48 -inch Treated Waterline Segment 3. This is the final treated waterline segment required to deliver Brushy Creek Regional Utility authority (BCRUA) treated water to the City of Round Rock's Water Distribution System. The fee for these services is $1,149,436. The preliminary construction cost estimate of Treated Waterline Segment 3 is $10,500,000. Treated Waterline Segment 3 will connect to the east end of the BCRUA Treated Waterline Segment 2C at Ronald Reagan Blvd. and terminate at an existing city 48 -inch stub -out at the northwest corner of the RM 1431 and C.R. 175 intersection. The goal is to have this waterline constructed and in service by the summer of 2014. Cost: $1,149,436.00 Source of Funds: Self- Financed Water Construction Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW ROUND ROCK, TEXAS PURPOSE PASSION PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: JACOBS ENGINEERING GROUP, INC. ADDRESS: 2705 Bee Cave Road, Ste. 300, Austin, Texas 78746 PROJECT: Round Rock Treated Transmission Line Segment 3 ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONT CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this theVay of , 2011 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporatio , whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7181; 228734 WAO5 WTPR.HB (L-t1'0`b - v -gam 1 Rev. 05/10 00192831 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review 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 tirne, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (I) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 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 One Million, One Hundred Forty Nine Thousand, Four Hundred Thirty Six and No/100 Dollars ($1,149,436.00) as shown in Exhibit D. The limp sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 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 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Jeff Bell Project Manager Infrastructure Development and Construction Management 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 801-4461 Fax Number (512) 218-5563 Email Address jbell@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: Drew Hardin, P.E. Manager-Water/Civil Infrastructure 2705 Bee Cave Road, Ste. 300 Austin, Texas 78746 Telephone Number (512) 314-3100 Fax Number (512) 314-3135 Email Address Drew.hardin rr 'acobs.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 full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL. EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the perfonnance 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 Iaw arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City hannless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 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). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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 alt 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: Drew Hardin, P.E. Manager-Water/Civil Infrastructure 2705 Bee Cave Road, Ste. 300 Austin, Texas 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY ROUND ROC , TEXAS By: Alan McGraw, Mayor ATTEST: By: SIA/141L (AaMZ Sara L. White, City Secretary JACOBS E► ' EI By: OUP, INC. Signature of Principal Printed Name: Kevin t t.lson, P. E. 15 APP VED Stepha L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit 13 Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City of Round Rock (CORR) will furnish to the Engineer the following items/information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all criteria and full information as to City's requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which City will require to be included in the Project Drawings and Specifications. 3. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer's disposal. 4. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; b. The services of an independent testing laboratory to perform all inspections, test and approvals of samples, materials and equipment; c. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; d. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; e. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as City may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; f. Give prompt notice to Engineer whenever City observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer's services, or any defect or nonconformance in Engineer's services in the work of any Contractor. 5. Payment of all permitting fees including, but not limited to, TCEQ, ROW Permitting, Texas Historical Commission, USACE, Williamson County Habitat Conservation Plan, and Williamson County. EXHIBIT B Engineering Services The purpose of this Scope of Work is to provide engineering services for Preliminary and Final Design, Bid Phase, and Construction Phase Services for the City of Round Rock Segment 3 Treated Transmission Line located in Cedar Park and Round Rock, Texas. Anticipated constructed improvements include: • 12,000 LF of 48 -inch treated water pipeline from Ronald Reagan Blvd. to northwest corner of Sam Bass Rd and RM 1431. • Connection to BCRUA 78 -inch pipeline currently under construction on west end. • Connection to the existing Round Rock water system at the northwest corner of Sam Bass Rd and RM 1431 on east end. • Master meter, chlorine feed, chlorine analyzer, and RTU monitoring and control equipment — location to be determined. • Extension of New Hope Road will be considered during schematic level design but will not be part of the constructed improvements with this project. Detailed tasks included in this Scope of Work are described herein. BASIC SERVICES A. Preliminary Engineering Phase 1. Project Management & Coordination a. Project Administration. Manage overall scope, schedule, budget of project and coordinate activities of sub consultants during preliminary design phase. b. Meetings & Communication i. City of Round Rock — Conduct kickoff meeting plus up to two (2) additional meetings with City of Round Rock staff. ii. Stakeholders - attend up to five (5) meetings with property owners, agency stakeholders including City of Cedar Park, BCRUA, and Williamson County, or other stakeholders as required. 2. Data Collection & Review Collect applicable data and develop constraints map along potential alignment corridor(s). Data collection includes: • Record drawings for existing utilities • Applicable studies and reports • Property ownership information • Preliminary field observations • Available topographic mapping • Existing GIS data from Round Rock and Cedar Park 3. Environmental Investigation & Permitting a. Overall Environmental Permitting Coordination. Manage and coordinate all environmental permitting efforts for this project. b. Karst Survey 1 i. Conduct a karst survey to determine the presence of sensitive karst features in accordance with the USFWS and Endangered Species Act guidelines for endangered karst species (EKS). ii. Corridor to be surveyed is approximately 1,160 -ft wide, along the pipeline alignment. Site investigation will include 50 -foot pedestrian transects throughout the portion of the corridor located within Zone 1 (known habitat for EKS), and reconnaissance level review in portions of the corridor located within Zones 3 and 4. c. Edwards Aquifer Protection Plan (EAPP) Develop EEAP per TAC, Title 30, Part 1, Chapter 213, Subchapter A for Take Point Site (chemical feed, metering, and SCADA) and submit to Edwards Aquifer Authority for approval. Provide three (3) hard copies and one (1) electronic copy of final report to the City of Round Rock. Major components shall include: i. Water Pollution Abatement Plan (WPAP) ii. Site Location iii. Geologic Assessment (to be done by ACI — see item 3.d.) iv. Technical Report d. Geologic Assessment Report i. Incorporate karst survey findings into a geologic assessment report, conducted according to guidelines specified in the Texas Commission on Environmental Quality (TCEQ) Publication 0585, Instructions to Geologist for Geologic Assessments on the Edwards Aquifer Recharge/Transition Zones (IO -1-04). ii. Report will include descriptions, photographs and sensitivity ratings of geologic features identified during the site reconnaissance. Provide three (3) hard copies and one (1) electronic copy of final report to the City of Round Rock. e. Archeological Investigation i. Obtain a Texas Antiquities Permit, as required by the Texas Antiquities Code (TAC). ii. Conduct an intensive archaeological survey of the area of potential effect (APE), to identify important archeological materials that may be impacted by pipeline construction. iii. Survey will follow guidelines of the Council of Texas Archaeologists, Archaeological Survey Standards for Texas of the Archeology Division of the Texas Historical Commission, and the Rules of Practice and Procedure of the Texas Antiquities Committee. (a) An intense visual surface inspection of the area of potential effect (b) Re -location and determination of the boundaries of any previously recorded Archeological Sites within the APE. (c) Excavation of a minimum of 16 shovel tests per mile, depending upon exposure, in compliance with THC's standards. (d) Excavation of a minimum of 6 shovel tests to define archeological site boundaries. (e) Analysis of data and diagnostic artifacts. (0 Newly identified and re -located archeological sites will be recorded on TexSite forms and submitted to the state and Texas State trinomial site numbers will be requested for newly recorded sites. iv. Prepare a detailed Draft Technical Report describing the work performed and results. Submit to CORR and the Texas Historical Commission for review and initial comment. Revise the report based on review comments and subunit twenty (20) copies of the final report to the THC, as required by state guidelines. 2 f. Waters of the U.S. & Endangered Species Perforin mandatory actions as required under Section 404 of the Clean Water Act for the express purpose of developing information pertinent to the completion of a nationwide permit application for submittal to the United States Army Corps of Engineers (USACE). Specific services include: Delineation. Delineations of the boundaries of waters of the U.S. will be conducted within the proposed easement area and identified alignment from Ronald Reagan to NW corner of Sani Bass & RM 1431. (a) An in-house review of pertinent documents will be conducted prior to conducting the fieldwork. This will include a review of aerial photographs, the county soil survey, USGS topographic naps, and floodplain maps of the proposed alignment. (b) Site investigation (up to 3 days) of the proposed alignment to determine the extent of observed waters of the U.S. Jacob's will follow the 1987 Manual with respect to wetland delineation methodology. Other pertinent regulations and definitions will be followed for delineation of non -wetland waters (i.e., ordinary high water mark). (c) Waters of the U.S. will be surveyed using a Global Positioning System (GPS). This GPS system is capable of sub -meter accuracy with post -processing. (d) Photographs of the potential waters and surrounding habitats as required by the USACE in cooperation with the USFWS will be taken along with field notes and data sheets (where appropriate). This area will include the Waterline easement of 40 feet and the proposed New Hope arterial ROW of 120 feet, as appropriate. ii. Preliminary Jurisdictional Determination (PJD). Information gathered during the initial investigations will be incorporated into the PJD for submittal to the USACE (only if required under the Section 404 permit program). The PJD will be prepared in accordance with USACE guidelines and shall include general purpose statement regarding the jurisdictional determination, methods used, results of the delineation and assessment of suitable habitat for endangered species, and conclusions. iii. Nationwide Permit NWP) Pre -Construction Notification (PCN). It is assumed that the proposed project can proceed under a Nationwide Permit - 12 and will require pre - construction notification (PCN) to address General Condition 17 pertaining to threatened and endangered species habitat in the project area as well as exceeding 0.l0acres of impacts to WOUS. Jacobs will prepare application in accordance with USACE guidelines and shall include the following: • Nationwide conditions and requirements checklist • General Conditions checklist • NWP-12 specific requirements checklist Regional conditions checklist Project Information form Project impacts and mitigation form Historic Properties and Cultural resources report US Fish and Wildlife Consultation for Endangered Species, if required Water Quality certification Attachments as required. g• Phase 1 Environmental Site Assessment (ESA) Assuming the Take Point Site is acquired by fee simple purchase, conduct Phase I ESA prior to purchase. Assessment includes: 3 i. On-site visit to view present conditions (chemical spill residue, die -back of vegetation, etc); hazardous substances or petroleum products usage (presence of above ground or underground storage tanks, storage of acids, etc.); and evaluate any likely environmentally hazardous site history. ii. Evaluation of risks of neighboring properties upon the subject property iii. Review of Federal, State, Local and Tribal Records out to distances specified by the ASTM 1528 and AAI Standards (ranging from 1/8 to 1 mile depending on the database) iv. Interview of persons knowledgeable regarding the property history (past owners, present owner, key site manager, present tenants, neighbors). v. Examine municipal or county planning files to check prior land usage and permits granted. vi. Conduct file searches with public agencies (State water board, fire department, county health department, etc) having oversight relative to water quality and solid contamination issues. vii. Examine historic aerial photography of the vicinity. viii.Examine current USGS maps to scrutinize drainage patterns and topography. ix. Examine chain -of -title for Environmental Liens and/or Activity and Land Use Limitations (AULs). 4. Preliminary Geotechnical Assessment a. Desktop geotechnical assessment i. Review available published Geologic Maps, USGS Topographic Maps, and USDA Soil Survey Maps of the vicinity. ii. Review of nearby soil borings obtained through other projects. iii. Visual site reconnaissance along the proposed alignment to document site conditions. b. Report i. Geologic and near surface findings ii. Site observations along the proposed alignment iii. Discussion of the anticipated subsurface conditions iv. Proposed geotechnical investigation plan v. Feasibility of installation techniques. 5. New Hope Road Schematic Design — Ronald Reagan to Sang Bass Perforin schematic design/roadway planning to identify the future MAD -4 alignment of New Hope Road from Ronald Reagan Boulevard to CR 175. The schematic design will determine the preliminary geometries, preliminary drainage system, and the proposed future right-of-way. a. Meet with the City of Round Rock (CORR) and City of Cedar Park (COCP) to coordinate the alignment study. It is estimated that three (3) meetings will be necessary with various City personnel. b. Review Existing Data - Review all available studies, reports, plans, drawings, and other documents that are applicable as background information provided by the CORR. Review existing water, wastewater and drainage systems, proposed roadway improvements and other proposed developments abutting or adjacent to proposed corridor provided by the COCP. c. Develop Roadway Design Criteria for review and approval by CORR and COCP. d. Constraints Map - Within the study area, develop a constraints map of features to be avoided (utilities, floodplains, environmental issues, etc.). e. Develop Alignments — Develop up to three (3) alternative alignments to minimize impacts to critical features. f. Develop roadway schematic, for one alternative, in a scroll plot to include: • Preliminary Horizontal Alignment 4 • Existing Right -of -Way (ROW) and Easements • Property Ownership • Proposed ROW • Identify Major Utilities • Identify Bridge Locations 6. New Hope Road Investigation — Sam Bass to Arterial H Perform desktop analysis for potential New Hope Road alignment between CR 175 and Arterial H to determine approximate location of "tie in" point of New Hope Road at CR 175. a. Perform desktop analysis (no field investigation) to identify known environmental features including waters of the U.S., known geological features, known endangered species habitat, and/or known cultural/historical sites. b. Identify property boundaries (from readily available data) and ownership information c. Determine approximate alignment of future roadway and 12" waterline based on readily available information. Roadway profile, drainage facilities, and/or water quality requirements will not be considered as part of this analysis. d. Evaluation of 12" water line location adjacent to future New Hope Road. 7. Pipeline Schematic Level Design The conceptual pipeline alignment is planned to generally parallel future New Hope Road right- of-way from Ronald Reagan Boulevard to CR 175. The pipeline connects to existing City of Round Rock infrastructure at the northwest corner of the intersection of CR 175 and RM 1431. a. Pipeline Route Analysis i. Develop up to three (3) alternative alignments for the portion of pipeline extending from the vicinity of the intersection of future New Hope Road and CR 175 to the northwest corner of the intersection of CR 175 and RM 143 I. ii. Prepare a preliminary alignment snap for use in comparing the above alternatives, with respect to: total length of pipeline, easement requirements, pipeline access and maintenance considerations, environmental constraints and construction considerations. b. Hydraulic Analysis i. Obtain and review previous overall hydraulic model/analysis of treated water transmission system from BCRUA's elevated tank to City of Round Rock take point. ii. Confirm the capacity of the overall treated water transmission system, including the 48 - inch Segment 3 pipeline, to deliver the required flow. iii. Verify delivery pressures and determine required pressure class rating for Segment 3 pipeline. c. Construction Methods i. Identify alternative methods of construction along all portions of the alignment, including open cut trenching and any required trenchless crossings of environmentally sensitive areas and/or paved roadways. ii. Make preliminary recommendations on construction methods, based on construction cost, environmental impacts, etc. d. Construction Materials i. Evaluate steel pipe and ductile iron pipe options. ii. Recommend preliminary technical specifications for the two pipe material options, including interior linings, exterior coatings, joint lengths, joint types, embedment/backfill requirements, and pipeline appurtenances, such as air and vacuum valves, drain valves, isolation valves, etc. e. Conceptual Corrosion Analysis i. Based on steel and ductile iron pipe options, preliminary pipe depths, and preliminary locations of pipe features, develop work plan in preparation for detailed field testing. 5 f. Schematic Level Plan & Profile Drawings (30%) i. Develop schematic plan view (scale: 1" =100') for selected alignment, showing crossings of existing utility and roadways, easement widths, approximate locations of pipeline appurtenances, and conceptual connection details. ii. Using available topographic mapping, develop schematic profile view for selected alignment to show proposed depths of cover, pipeline appurtenances, and any required trenchless installations. 8. Metering, Chlorine Feed, and SCADA Schematic Design a. Take Point Siting study. Evaluate up to three (3) potential sites for the treated water take point and make recommendation based on cost, community impact, project risk, and environmental impact. Preliminary layouts will be provided at all three sites to identify access and required acreage. b. Disinfection Requirements. Perform chloramine disinfection kinetic study to determine disinfection requirements at the Treated Water Distribution Take point Site. c. Acceptable Materials & Manufacturers. Determine acceptable materials and manufacturers for the proposed systems to be installed at the Treated Water Distribution. Take point Site. d. Radio Path Study. Upon Owner's approval of proposed Treated Water Distribution Take point Site, perform radio path study to define scope of radio communication equipment (i.e., definition of antenna heights and repeater site locations, etc.). e. Schematic Level Site Layout. Prepare schematic level site layout of the Treated Water Distribution Take point Site, including: metering, pressure control valves, isolation, valves, chemical bulk storage and feed systems, and chlorine/chloramine analyzing. 9. Preliminary Engineering Report Develop preliminary engineering report that documents technical and environmental evaluations performed and provides final recommended facilities to be designed. Report will include recommended facilities and location thereof, associated permitting requirements and land acquisition requirements, and estimated project costs. Six (6) copies of draft and final copies will be provided. B. Final Design Phase 1. Project Management & Coordination a. Project Administration. Manage overall scope, schedule, budget of project and coordinate activities of sub consultants during design phase. b. Meetings & Communication i. City of Round Rock — Attend up to five (5) progress/coordination meetings with City of Round Rock staff during design phase. ii. Stakeholders - attend up to ten (10) meetings with property owners, agency stakeholders including City of Cedar Park, BCRUA, and Williamson County, or other stakeholders as required. 2, Cathodic Protection a. Field Survey i. Record soil resistivity measurements in accordance with ASTM G57-95. Measurements will be performed from grade to depths of five, ten and fifteen feet. A total of thirteen (13) sets of readings will be recorded at approximately 1,000 -foot intervals, including one set at each end of the pipeline. ii. Collect soil samples from twelve (12) locations at approximately 1,000 foot intervals. Collect groundwater samples, if possible. 6 iii. Survey pipeline alignment with respect to crossings of foreign pipelines and paralleling utility systems. Existing cathodic protection systems and locations of foreign line test stations will be identified, and the impact of foreign pipeline crossings will be assessed. iv. Survey pipeline alignment for possible induced AC interference and the need for protection under fault conditions. b. Data Analysis and Laboratory Testing i. Evaluate soil resistivity test data ii. Test soil samples for moisture content, pH, chloride ion concentration, sulfide ion concentration and conductivity. iii. Test water samples for pH, chloride ion concentration, sulfide ion concentration and conductivity. iv. Tabulate and analyze DC interference test data. v. Compile all data and perform analysis of the conditions for galvanic and electrolytic corrosion along the pipeline route. c. Corrosion Protection Design i. Define corrosion protection and DC interference mitigation requirements for AWWA • C200 welded steel pipe and AWWA C151 ductile iron pipe. ii. Design and prepare drawings and technical specifications for joint bonding and electrical isolation, corrosion control test stations, cathodic protection and polyethylene encasement for ductile iron pipe. 3. Geotechnical Investigation a. Soil borings i. Obtain street cut permits as necessary for drilling. ii. Drill borings at approximately 1,000 ft intervals along the pipeline alignment (thirteen (13) borings, each drilled to a depth of 20 feet). iii. Drill borings on each side of Brushy Creek (two (2) borings, each drilled to a depth of 30 feet). iv. Plug all bore holes upon completion of the drilling operations. b. Laboratory testing i. Classification of soil strata and evaluation of plasticity and shrink/swell potential. ii. Unconfined compression tests on selected intact soil and/or rock specimens to evaluate compressive strength of subsurface strata. iii. Soluble sulfates, chlorides, pH, and box resistivity testing to evaluate soil corrosivity. c. Geotechnical Report i. Engineering analyses of field and laboratory data to develop selected geotechnical parameters for pipeline installation. • 4. Surveying & Easement Documents a. Control Survey i. Perform field surveys to establish horizontal control relative to NAD 83 Texas State Plane Coordinates, Central Zone 4203 (scaled to surface values). Vertical datum will be GPS Orthometric heights and projected through the length of the project. b. Topographic Survey i. Perform detailed topographic route survey of approximately 12,000 LF (estimated at 160' wide corridor, with envelope data). Collect spot elevations and break lines along the alignment, to include improvements, drainage features, trees (8" caliper and greater), visible utilities, and flow line information in accessible wastewater manholes. 7 5. Drawings & Specifications a. Design and prepare drawings and specifications at milestones of 75% complete. Submit drawings and contract documents to City for review and comments at 75% complete milestone. Meet with City to discuss 75% complete review comments. i. General Drawings as required, including cover sheet, general construction notes, horizontal control sheets, etc. ii. Plan and profile sheets Hi. Pipe and valve detail sheets iv. Miscellaneous detail sheets v. Erosion and sediment control sheets and SWPPP. vi. Tree protection sheets vii. General traffic control sheets (Contractor to prepare site specific traffic control plan with means and methods). viii. Civil, structural, architectural, process mechanical, building mechanical, electrical, instrumentation & control design sheets for the Treated Water Distribution Take point Site. b. Make necessary revisions to address or incorporate all review comments into 100% complete documents. Submit to City for final approval. c. Contract documents and technical specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Specifications shall conform to the 16 -division format of the Construction Specifications Institute. d. Bid Documents. Furnish five (5) copies of approved drawings and specifications to City. Furnish final drawings and specifications on CD in electronic format. Cost of reproduction of bid documents will be recovered by Engineer through plan set costs charged to bidders. 6. Permitting and Approvals (non -environmental) a. ROW Permits. Prepare and submit on behalf of the City all required TXDOT, County ROW, and City ROW permits as identified in the Design Report. All fees shall be paid by City. b. City of Cedar Park - Assemble, sort and package (by design discipline) one complete set of permit drawings and final design criteria as necessary to submit to the City of Cedar Park Plan Review Department to acquire a Building Permit for the Treated Water Distribution Take point Site. c. TCEQ - Assemble, sort and package (by design discipline) one complete set of permit drawings and final design criteria as necessary to submit to the Texas Commission on Environmental Quality (TCEQ) for plan review of the Treated Water Distribution Take point Site. 7. Estimate of Probable Cost a. Prepare and submit engineer's opinion of probable construction cost at all deliverable milestones. Itemized breakdown of opinion of probable construction cost will be based on final plans and specifications. C. Bidding and Contract Award After acceptance by City of the Bidding Docuinents and the most recent opinion of probable construction cost as determined in the Final Design Phase, assist with the Bid Phase of the project. It is assumed that this project will consist of one construction contract. Services include: 1. Prepare pre-bid conference agenda and sign -in sheet as well as run pre-bid conference, 2. Prepare Addenda(s) as appropriate to clarify, correct, or change the Bidding Documents. 3. Answer questions during the bidding process. 4. Run the Bid opening and prepare bid tabulation sheet for bid opening. Assist CORR in evaluating of bids, tabulating bids, and make recommendation for construction contract award. 8 5. Receive and evaluate bids and make a recommendation on award. 6. Prepare and distribute construction agreements for signatures by City of Round Rock and Contractor. 7. Update contract documents by incorporating all addenda items into a conformed set of drawings and specifications. D. Construction Administration Provide support services for construction administration of one construction contract. Jacobs shall not assume any responsibility or liability for performance of the construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. In addition, Jacobs shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor. Specific tasks include: 1. Project Management & Coordination; Run pre -construction meeting, prepare meeting agenda, and issue a Notice to Proceed on behalf of the City. 2. Re-establish and flag survey control points for Contractor's use during construction staking. 3. Run construction Meetings (assumes monthly meetings and 12 month construction period). 4. Conduct periodic site visits at appropriate intervals as construction proceeds to observe and report on the executed work. When Jacobs is called upon to observe the work of the construction contractor(s) for the detection of defects or deficiencies in such work, excluding the Engineer's responsibilities under its scope of work regarding contractor(s)' compliance in accordance with the Project plans and specifications, the Engineer will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. The Engineer shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. 5. Review RFI's from the Contractor. Issue Clarifications and Interpretations. Issue Field Orders as required. 6. Issue Change Proposal Requests and prepare Change Orders. 7. Review Shop Drawings and Submittals submitted by Contractor for compliance with design concepts. Jacobs shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient tune in the Engineer's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. 8. Review all materials testing reports. 9. Review and make recommendations on monthly Applications for Payment. 10. Conduct Substantial Completion Observation and issue punch list. 11. Review Contractor's Completion Documents. 12. Conduct Final Completion Observation and make recommendation on final payment. Final Observation, Notice of Acceptability of the Work, and Post Construction Site Visits. 13. Prepare record drawings from information submitted by the Contractor. Furnish record drawings on CD in electronic format and one full size, paper set of drawings to CORR. ADDITIONAL SERVICES The following services shall be performed on a lump sump per each basis and shall be performed only upon written authorization by City: 9 E. Land Acquisition Provide land acquisition services as follows and described in detail in attached scope of services fiorn LAN: 1. Right of Entry 2. Title Reports 3. Acquisition Services 4. Appraisals 5. Condemnation Support F. Property Acquisition Survey Perform deed research for initial analysis and reconstruction of parcels included as part of property acquisition. Includes field surveys sufficient for preparation of up to 20' parcel packages. Survey packages consist of survey plats of the property and accompanying metes and bounds descriptions suitable for property acquisition purposes. Also, includes preparation of overall right-of- way/easement strip map for depicting the overall acquisition schematic with nurnbering scheme referencing individual parcels. EXCLUSIONS The following items are not included in the scope of work and will not be performed without written authorization by Owner: 1. Phase II karst excavation, subsurface features survey, biota collection or EKS habitat evaluation. 2. Archeological excavation of deep sediments requiring backhoe; and, scientific analysis of recovered materials such as radiocarbon dating, faunal analysis, micro botanical analysis and curation of artifacts (the archeological survey will maintain a non -collection policy). 3. Preparation of a participation application for the Williamson County Regional Habitat Conservation Plan (Wilco RHCP). 4. Environmental and/or agency permitting fees. Assume fees will be paid directly by City. 5. Collection and/or laboratory analysis of any samples, including but not limited to, soils, water, building materials, or waste, from the subject property as part of Phase 1 ESA. 6. Design of future New Hope Road or components thereof beyond schematic design described herein. 7. Title policy fees (recording fees, services fees, and other cost normally charged by Title Company). Assumed that these fees will be paid directly by City. CLARIFICATIONS & ASSUMPTIONS The following items are clarifications and assumptions related to the scope of work described herein. 1. Pipeline construction is assumed to be open -cut the entire distance. If trenchless construction is required, additional services may be required for development of a geotechnical baseline report, tunneling/shaft design, additional geotechnical investigation, or other. 2. Master metering, chlorine analyzing and dosing and RTU control and monitoring will occur at the proposed Treated Water Distribution Take point Site related to the project. 3. Preliminary design of Treated Water Distribution Take point Site will include civil, structural, architectural, process mechanical, building mechanical, electrical, instrumentation & control design disciplines. 4. Based on previous CDM investigations for BCRUA, the proposed chlorine dosing station at the Treated Water Distribution Take point Site will require a chloramine disinfection scheme in the form of Sodiutn Hypochlorite (NaOCI ) and Liquid Ammonium Sulfate (LAS). 5. Based on previous CDM investigations for BCRUA, the proposed layout of the Treated Water Distribution Take point Site will include indoor bulk storage of Sodium Hypochlorite (NaOCI ) and covered bulk storage of Liquid Ammonium Sulfate (LAS). 10 6. Although Jacobs will attempt to identify environmentally detrimental conditions/materials for the Phase 1 ESA, some conditions/materials may exist that are beyond reasonable access for this type of investigation(s). Therefore, based on acceptance of this proposal, Client acknowledges and agrees that Jacobs has no liability or responsibility related to any undiscovered conditions/materials. 7. Planned duration of each phase of the project is as indicated on attached Exhibit C — Work Schedule. In the event that schedule extends beyond specified durations for reasons not caused by Engineer, additional services may be required. 11 EXHIBIT C Work Schedule Attached Behind This Page Round Rock Segment 3 TM EXHIBIT C - WORK SCHEDULE i. A 1 1 VI 1 6 iY .. Ii ,§ ♦ .nolAillo _gag" ® ..:^7 -iili ® - g fi • 3I - 11 r • 'i S ' my ri .. ®r 9 � 11 t i c i i 0• N � 4 i 5 1i A O A a g r a 14 g 3 a' O L1 .- IYi. g a ssc . I 11 $ i N i a i ' i4 c N w i4 i S a ,'ssc i 1r. 1 il i; fio ; �;LL 15 s :c , Q T it IiI 'z ' I i 11 +ILL 1 a I p .N 11 !I ,$ ' '� i4L i i Q M E I _ ;S 'LL ;_ j� 111 j0 I ' tl !. `Iti 5 1-t-- j 'N j ' is '. j. I=[. N§ p tV ItL VI g .� gi �� `LL 1i jc 1 i0 ' { ' i 1i 15 li IO i ®© N • � 3 •i N § • 3 :o t- .f .LT N � a 'iE i i ¶II1i j �.. 'LL I1 IN 5 'i ', 3A S �O` 4F I i i I.. i s i N b N tl� � i i N i 1i F 3. u( N N 5 I 1 ... i 1i ° Is a O N ! I e N N .N N N N � '$aQ '� i�y' LL S 1 i 1 1 S N N i_N N_ IN N § ii to i 15 i`' : 3 3 I4 4 ,4 g O p 8 R i0 .- �A fV s i I w' 1€ gE .N N 134a � 5 1 :ev ^ S 5 F F O O O a _gi!i$ N � if _N i 4 N N •e IN • '4 'a ILL j$ - •N N cO tr EXHIBIT D Fee Schedule Attached Behind This Page City of Round Rock Segment 3 Exhibit D - Engineering Services - Fee Schedule JACOBS Description TomriJacotrs 70401 Subs Mewls � es T So s Bask Services Special Services 'iii. -may ail} A loaded - ir .; � �. .. Vi, rr .y, `"f +' f" k 3323,5 !` E 0 . C ,i"`-. ,�y§yr :.='ii� S'1 Preliminary Engineering Phase - F'£ 'fe�` s cay ems'-.g.� YY�r'•,i"A',i'.',.. S'3i"` c"� y 1 Project Management & Coordination $ 20.071 $ 3,062 1 260 $ 24,283 $ 24,133 6 2 Data Collection & Review $ 43,565 6 tato 6 300 1 14,666 3 14365 $ - 3 Environmental Inveatigatbn & Peml ttfng $ 66,335 $ 32.160 $ 700 $ s9s11 $ • $ 69.212 4 PrelbnlnaiyGeotechnicalEvaluation $ 606 $ 7,240 6 7.445 $ 7.445 $ New Hope RRooad Schematic Design s 30.657 $ - $ no $ 30,267 s • s 30.287 g New Hope Rd Evaluation • Sam Bass to Art. H $ 2020 $ 2,300 4 - 1 10,320 s • s 10,320 7 Pipeline Schematic Level Design s 26,660 1 • s - 1 20.600 $ 26.660 $ - g Meledng, Chloone, and 8CADA Schematic Design 6 7367 $ 17627 6 - 1 23.214 6 17.239 $ 7,675 9 PreilnMa,y Engineering Report 5 16,676 1 6.767 6 600 5 24,646 $ 24,045 0 - Sub -Total 3 110,764 6 74616 6 1655 1 267.100 $ 515,435 5 137.784 B Final Design Phase 1 Project Management & Coordination 8 24,423 3 3.674 $ 550 $ 38,647 0 32047 1 - 2 Cathodic Protection 6 1,001 $ 12,670 $ - 6 14,973 $ • 5 14,973 3 GeotechnkslInvesllgation $ 1.613 8 35.305 5 • 3 55,316 $ 6 18,458 4 Sullying & Easement DOCumenta$on 6 1,613 s 40.351 $ - 3 47,024 6 • $ 47,424 g Drawings & Bpsdflcstlons $ mom 4 100,441 8 2,000 1 386.433 $ 316,453 $ g Approvals & hoiden -ninon -environmental) $ 9671 s- s - $ 9,471 1 9,471 $ - 7 Estimate of Probable Construction Cost $ 3,143 5 0.020 $ 4,203 $ 8,363 Sub-T0t41 6 207.076 $ 246,121 $ 2650 1 474,749 $ 375,134 6 99.610 C Bidding and Contract Award ____ t._ 2 3 Attend go -Lid conference s 2,065 $- 6 2,066 5 2068 Prei$re Addenda s 4,447 $ 7.641 3 12290 $ 12,290 Answer questions during ticking process 2.690 s- 1 2,593 5 2,846 S ... 1,454 $ 1,884 4 Attend Ute &d Opening .3. _, $ 1,354 $ - 5 100 1 1.454 ,,_. 5 13 Evahrate bids I recommendation on sward s 1,004 $ s 1,644 Prepare conatn egrewreNs 10r signatures 5 739 s - 1 732 $ 739 7 Update contract documents to a conformed Set 5 3,030 $ - 1 2630 S 2,530 Sub -Total 6 15.016 s 7.643 3 100 $ 23,061 1 23.41 $ • 0 Construction Administration 1 2 Project Management & COwdnation 6 6 601 8- 1 6001 $ 6,601 Flagg ng of Control Port Loce5ons ; - $ 7,762 $ 7.712 $ 7,752 3 4 5 Attend Construction Meetings ._ $ 23,635 5 - s 650 s 24465 $..., 24,485.,_____ $ 11 903 Corriuct periods site visits 1 11,054 S - 1 450 $ 11006 Revise RFPs; Issue Cladt. & inters, issue field orders 7212 $ - 1 7,212 $ 7,212 6 Issue change prop. req end change orders .0_ 0 5 6271 - 1 5527 $ 5 527 $ 63,170 ..._ ..7. 8 Res 000 shop d00oit s & subnitlals 6 19761 5 52.379 6 63.170 Rev.err of Materials Test4g Reports 1 1 042 1 - $ 1,842 $ 1,842 9 Review monthly pay apps 53 m 5 - s 5 711 $ 3 711 10 11 cenducl Subst COf4,e0On Inspection 1 PuTKhliS1 _.. 1 2369 5- $ 2369 ... $ 2369 $ 1,842 Rev's5v Contractors Completion Documents 5 1642 5 - 1 1642 12 Final Cwnp'.etion lnspec on 1 Fetal Payr11e06 $ 2.063 $ - 6 2,053 $ 2 053 13 Prepare and Submit Record Drawings $ 3,054 $ - s 200 5 3204 0 3,264 Sub -Total $ 76.703 $ 60,131 8 1600 $ 141,734 6 141,734 5 - SubTotal - Basic Services Lum • Summa} $ 483 463 $ 407 681 $ 6 400 $ 897 544 $ 660,164 $ 237,379 .'i $ 3' 9F, ^`Ymow.' APPITIO A.1. .E. wog .1.. f f. / J .N '} G�`Is` CKJ' - s•^ 42'5 E RIght•of•WayServices ....1. 2 0.04ronitil8 01a118y $ 3,250 $ 15.000 1 57.350 S 17,250 Title Reports s 1.360 $ 5,000 $ 20,350 $ 10350 3 Acquisition Services 1 12 760 s 85.000 5 67,750 S 97 750 $ 46,000 4 & A5Ppraisel s 6,000 $ 40.000 t_ 46,500 Condemnation Support (T&M) s - 5 - Land Acquisition Protect M 6 66 66 ...*000 6 6,600 $ 7,006 0 7,000 Land AOQlss1tionAgent $ 5,600 $ 5,500 $_-- 5,264 5 4,178 8 Engineering Project Manager 6 6264 $ - 0 6.232 F164188 000 PfOJOd neer 6 4,176 8 - s .417.6 Reimbursable Expenses 0 s 1.600 $ • Maga _.. 6 1,600 $ 1 500 $ 1 500 Cagier s 1.000 6 1000 Mise (Cowes,4Rng,etc .) 0 6,000 1 6,000 5 5,000 5 • 5 201,292 Sub -Total 6 31,792 8 169.600 $ - 3 341,392 F Property Acquislton Survey 6 4,600 $ 46.000 640000 550.600 SubTotal - Add Services (Lump Sum per Each) $ 36,392 $ 215,500 $ 251,892 S - $ 251,892 Grand Total - Bask + Additional Services $ 519,865 $ 623,181 $ 6,400 $1,149,436 $ 660,164 $ 489,272 EXHIBIT E Certificates of Insurance Attached Behind This Page ACORIOr CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD TTYY) 07/28/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER LIC *0437153 1-212-948-1306 Hersh Risk i Insurance Services CIRTS eupportillinternel.jacobs.com 777 8. Figueroa Street Los Angeles, CA 90017-5802 Fax for 1-212-948-1306 INSURED Jacobs Engineering Group Inc. 1111 South Arroyo Parkway P.O. Box 7084 Pasadena, CA 91109-7084 COVERAGES CERTIFICATE NUMBER: 22501454 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CONLACT MNa EM): U CUITOM CUSTUER ER 10 *• Law INSURER(S)AFFORDINO COVERAGE ROSURERA: ACS AMER IN8 CO INSURERS: HNC* 22667 INSURER C: RNSURERO: MEURER E : WBVRER F : LTR TYPE OF INSURANCE A OENERAL UAe1LUTY r— COLOJERCW, GENERAL UABIL(TY J CUJM5.M(0€ n OCCUR OENL AGGREGATEpUJJJfR APPLES PER —1 POLICY n JECT n LOC AUT010051 E LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULEIAUTOS HIREOAUTOS NON-0WNED AUTOS ADOLSUBR MR. wvn POLICY NUNOER .JMETODrTYYn,, E)Ir LIMITS �EAy,C,�H y� OCCURRENCE 01EDOyORENTED PREMISES lE• agamsel MED EXP (My ono person) S PERSONAL SAM INJURY S $ GENERAL AGGREGATE S PRODUCTS - COMPIOP A00 UMBRELLAUAe HOCCUR ._ EXCESS LIAS CINMSMAAADE COMBINED SINGLE LIMIT Si(eogdenN i i S BODILY INJURY (Per person) S BODILY INJURY (PmseNdere) S PROPERTY DAMAGE (Per e:ddent) S S DEDUCTIBLE RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LJADIUTY ANYPROPIBETORMARTNERJEXECUTIVE O OFFICERHIIEMBER EXCLUDED? (Mande(o y h NH) oNo�ttyy§§�ss �EmPariI�igl*under I�(OF OPERATIONS kik'', PR8FS98I021AT, LIABILITY •CLAIMS MADE', EACH OCCURRENCE S 9 AGGREGATE $ s NIA BON 021655065 003 I TORY I Iib I 10611 - EL. EACH ACCIDENT S S EL. DISEASE -EA EMPLOYEE S 07/01/17 07(01/12 OESCMPflONOFOPERATIONSILOCATIOW/VEI10Ea (Attach CORO(o} ,Addkkna(Aemske BahMW.,NmenepaeolsnmWrod) OFFICE LOCATION, Austin, Texas. PROJECT MGR, Drew Hardin. CONTRACT MGR, Greg Dickey. REr Round Rock Segment 3 Transmission Main. CONTRACT 1W®ER, TBD. CONTRACT END DATE* TED. PROJECT MO108ER, TED. SECTOR, Public. *THS TERMS, CONDIT10N8, AND LIMITS PROVIDED UNDER THIS CERTIFICATE OF INSURANCE MILL NOT EXCEED OR BROADEN IN ANY NAY THE TERNS, CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.* EL. D(BEASE . POLICY UMM , S PER CLAIM/PIR 1,000,000 AGGREGATE DEFENSE INCLUDED CERTIFICATE HOLDER CANCELLATION City of Round Rook Attn, City Manager 221 East Main Street Round Rook, TX 78664 I nyumdo AC Rt�25 (2009/09) 22501454 OSA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The ACORD name and logo are registered 1988.2009 ACORD CORPORATION. All rights reserved. SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 07/as/sou NAME OF INSURED: Jacobs Engineering Group Inc. SUPP (10106)