Contract - Cobb Fendley & Associates, Inc. - 6/14/2018 rQURD ROCK,TEXAS
PURPOSE.PASSION.PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: COBB FENDLEY & ASSOCIATES, INC. ("Engineer")
ADDRESS: 505 East Huntland Drive, Suite 100,Austin, TX 78752
PROJECT: DB Woods/SH 29 30" Water Line Relocation
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the s- =day of GtW. , 2018 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.04/13
0199.1818;00401057 00296523
F--Zo IS -ut;6 33
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates,that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D.
Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount
billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be
based on the actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of One Hundred Eleven Thousand Eight Hundred Sixty-Eight and No/100
Dollars, ($111,868.00). Engineer shall prepare and submit to City monthly progress reports in sufficient
detail to support the progress of the work and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled
"Engineering Services". Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and 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
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Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
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 lav)
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 fiends; 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
2008 Enterprise Drive
Round Rock, TX 78664
Telephone Number(512) 218-7076
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Mobile Number(512) 801-4461
Fax Number(512) 218-5536
Email Address jbell@roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Lance Parisher, PE
Senior Project Manager
505 East Huntland Drive, Suite 100
Austin, TX 78752
Telephone Number(512) 834-9798
Fax Number(512) 832-7727
Email Address 1parishergcobbfendley.com;jhastingsgcobbfendle
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived 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.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described 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.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at 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.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's 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
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Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the reasonable and necessary cost to City of employing another firm to
complete the Engineering Services required and the time required to do so, and other factors which
affect the value to City of the Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of 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.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reimbursement of reasonable attorney's 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
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otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 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
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Lance Parisher, PE
Senior Project Manager
505 East Huntland Drive, Suite 100
Austin, TX 78752
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 filly
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.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF RO D ROCK, T XAS APRVqVED AL TO RM:
By:
CraigKltgan, r Stephat L. Sheets, City Attorney
ATTEST: •
By: _ Z-. kG4*
Sara L. White, City Clerk
COBB FENDLEY&ASSOCIATES, INC.
11_
42M
By: k
Signature of Pr' cipal
Printed Name: `
15
LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2)Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
16
EXHIBIT A
City Services
The City of Round Rock(City) will provide the following information and other assistance to the
Engineer that the City deems appropriate and necessary:
1. Any readily available pertinent existing information relating to the services to be
performed by the Engineer; the City will provide one copy of such information in a
format chosen by the City.
2. Clear direction and/or response to questions or requests made by the Engineer in the
course of the Engineer's performance of services.
3. Timely review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, if any,to the Engineer resulting from said
reviews.
4. Meet with the Engineer on an as-needed basis to facilitate performance of the Work
Authorization.
EXHIBIT B
Engineering Services
Proposed Scope of Services
City of Round Rock- DB Woods at SH 29 Water Line Relocations
CobbFendley will provide design, bid, and construction phase services for the installation of approximately 2,400
linear feet of 30" raw water line, 150 linear feet of 42" steel encasements, 150 linear feet jacking and boring a
crossing under SH 29, and required appurtenances associated with the construction of SH 29 Roadway
Improvements in Williamson County. At a Williamson County Utility Coordination meeting on 06/07/17, this project
was discussed and it was determined that the existing raw water line was in conflict with the roadway and storm
drainage, therefore was requested to be relocated. This proposal assumes that the waterline plans will be included
in the PS&E for the drainage and roadway plans, and constructed by the roadway Contractor. Below is a detailed
scope of services.
I. Design Phase
During the Design Phase, CobbFendley will prepare plans and compile specifications for the construction of
the utility adjustments. Below is a detailed scope of services. This assumes that traffic controls and erosion
controls will be included in the roadway set of plans. The design phase assumes a 30% schematic, 60%, 90%,
and 100% submittal to the City of Round Rock.
A. Data Development
Al. Gather and analyze data. Obtain plans and electronic files for roadway and topographical
information. This proposal assumes that the survey information will be provided by the roadway
engineer and will provide data adequate to design the water relocations.
A2. Assimilate the data and prepare preliminary adjustments and relocations using ACAD Civil3D.
A3. Coordinate with the City on preliminary layouts and relocations. Includes one(1) meeting with the
City.
B. Plans. CobbFendley will prepare design plans for submittal to City of Round Rock at 30%, 60%, 90%, and
100% completion . We anticipate the following sheets to be included in our design set.
81. Cover Sheet.Assemble the standard plan cover sheet using City of Round Rock Standards. (1
Sheet)
82. General Notes. Assemble a set of general notes using City of Round Rock and TCEQ standards.
(1 Sheet)
83. Relocation Plans. Prepare plan sheets at a scale of 1"= 20'on 11"x17"plan sheets,with a true
half size.Assumes 1 sheet for the water relocation plans.
84. Plan and Profile. Prepare plan and profile for the proposed water line as identified in the attached
layout sheets.Assumes 6 sheets.
85. Detail Sheets. Prepare detail sheets showing standard construction details and special, project-
specific details.Assumes 4 sheets.
86. Design calculations. Perform design calculations as necessary.
Note: Erosion and Sedimentation Controls and Traffic Controls are assumed to be included in the Roadway
PS&E and are not included in this estimate.
C. Specifications. CobbFendley will assemble standard technical specifications to be included in the roadway
contract documents. A table of contents listing the technical specifications will be provided at 60%. A full
set of utility specifications required will be provided with the 90% and 100% submittals for the water
relocations and adjustments. City of Round Rock standard technical specifications will be used for this
project. This proposal assumes that front end/contract documents will be prepared by others.
D. Quantity Take-Off. CobbFendley will perform a quantity take off and prepare a bid form. A quantity take-
off will be performed at 30%, 60%, 90% and 100%submittals. Bid items to be included in the bid form will
be prepared by the roadway consultant.
E. Cost Estimate. CobbFendley will_prepare an opinion of probable construction cost for the 30% (-+.'/-25%) ,
60% (+/-15%), 90% (+/- 10%) and 100% (+/-5%)submittals.
F. QA/QC. CobbFendley will perform internal quality control reviews on the plans and specifications prior to
each submittal to City of Round Rock.
G. Prepare 4 submittal packages. CobbFendley will assemble plans and specifications and submit to City of
Round Rock for review. This proposal assumes there will be a 30% Schematic, 60%, 90%, and 100% Final
Bid Set submittal.We will provide six (6)sets of 11"x17"size plans and specifications for each submittal.
Page 1 of 2 December 6, 2017
H. Respond to comments. CobbFendley will review comments provided by City of Round Rock and review
agencies and prepare a written response to the comments for inclusion with the subsequent submittal.
I. Coordination/Review meetings.This proposal assumes there will be four(4) coordination meetings with
the Owner during the design phase.
J. Approvals. Coordinate with City of Round Rock Engineering Department to obtain required approvals for
construction.This proposal assumes that permits will be obtained by others.
Design Engineering Phase services will be performed for a fee of$78,429.00 plus approximately$1,037.00 in
expenses.
II. Bid Phase
CobbFendley will assist in the bidding of the project. This proposal assumes that the utility relocation bid items
will be included in the roadway project bid and CobbFendley will provide assistance as related to water
relocations only. This proposal also assumes that the Owner will engage a bidding assistance center for the
distribution and management of plans during bid phase. Distribution of plans and maintenance of a plan holders
list is not included in this proposal. Below is a detailed scope of services for bid phase:
A. Attend pre-bid conference. Meeting agenda and minutes prepared by others.
B. Respond to contractor's questions during bidding process.
C. Prepare addenda(assume 2)to address contractor questions. Distribution by others.
D. Review bid tabs.
E. Review contractor recommendation.
Bid Phase services will be performed for a fee of$8,180.00 plus approximately$41.00 in expenses.
III. Construction Phase
CobbFendley will provide limited construction administration and observation assistance to the project and the
City of Round Rock. This proposal does not include inspection services.This proposal assumes construction
duration of two(2) months.All scopes of services in this proposal are related to water utility relocations only.
Below is a detailed scope of services for construction phase:
A. Attend preconstruction meeting.
B. Attend two (2) meetings when utility adjustments are in process.
C. Attend periodic site visits.Assume monthly site visits (not coincident with progress meetings)for a total of
two(2).
D. Review project submittals/shop drawings. CobbFendley will review each submittal up to two (2) times. If
the Contractor requires a third submittal, it will be reviewed as an additional service and at the Contractor's
expense,as will be written in the contract documents.This proposal assumes 15 submittals.
E. Respond to Requests for Information (RFI). CobbFendley will coordinate with City of Round Rock and
Contractor on RFIs and respond with clarifications as needed.This proposal assumes eight(8)RFI.
F. Change Orders. CobbFendley will assist City of Round Rock in negotiation and preparation of change
order documents, should they be necessary.This proposal assumes one(1) change order.
G. Final Walk Through and Punch List. CobbFendley will attend the final walk through and coordinate with
City of Round Rock inspector on the punch list items.
H. Project Close Out. CobbFendley will assist City of Round Rock on closing out the contract, reviewing final
pay application and affidavits, and preparing a Concurrence Letter.
I. Record Drawings. CobgFendley will prepare a set of record drawings based on Contractor's redlines in the
field.
The following items are not included in construction phase services:
A. Review of pay estimates.
Page 2 of 2 December 6, 2017
EXHIBIT C
Work Schedule
Attached Behind This Page
ilD Task Task Name Duration Start Finish Predecessors May'18 Jun'18 Jul'18 Aug'18 Sep•18 oct'l8 Nov'18 Dec'18 Jan'19 Feb'19
Mode 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 2S 2 9 16 23 30 6 13 20 27 3 10 1
1 t1T
2 30%-Preliminary 30 days Mon Fri 6/1/18
Alternatives 4/23/18
3 W 300A CORR Review 10 days Mon 6/4/18 Fri 6/1S/18 2
4 W 60%PS&E 30 days Mon 6/18/18 Fri 7/27/18 3
5 tt�
60%CORR Review 30 days Mon 7/30/18 Fn 9/7/18 4
s` 6 or. 90°x6 PS&E 60 days Mon 9/10/18 Fri 11/30/18 5 _
# 7 tt! 90%CORR Review 30 days Mon 12/3/18 Fri 1/11/19 6
8 100%PS&E 10 days Mon 1/14/19 Fri 1/25/19 7 `" 3
9 100%CORR Review 5 days Mon 1/28/19 Fri 2/1/19 8 `
10 Final Submittal 5 days Mon 2/4/19 Fri 2/8/19 9 �
71■1
,
4
Task Project Summary Manual Task Start-only l Deadline d
Project:Projectl Split ,. Inactive Task Duration-only Fmsh-only 7 Progress
Date-Wed 5/2/18 Milestone ♦ Inactive Milestone Manual Summary RoBtip External Tasks Manual Progress
Summary I Inactive Summary Manual surrrnary 1 1 External Milestone
Page 1
EXHIBIT D
Fee Schedule
Attached Behind This Page
City of Round Rock—DB Woods at SH 29-Utility Relocations Scope of Services
Construction Phase services will be performed for a fee of$23,858.00, plus approximately$323.00 in expenses.
City of Round Rock
DB Woods at SH 29
Water Relocations
Task Labor Expense Total Fee
Design $78,429.00 $1,037.00 $79,466.00
Bid $8,180.00 $41.00 $8,221.00
Construction $23,858.00 $323.00 $24,181.00
Total $110,467.00 $1,401.00 $111,868.00
Also per the request of the Owner,CobbFendley is providing a fee estimate for easement preparation to include:
Survey Controls, Record Right-of-Way research, easement survey, and ownership research associated with the
Raw Water Line area only. See the Survey proposal attached to this document at the end for project location,
assumptions, and exclusions. Here is a basis of compensation associated with Survey Easement Services:
Basic Survey Services: $5,800.00
CFA Provided Ownership Research: $600.00
Cobb, Fendley&Associates, Inc. Page 3 of 3 December 6,2017
Contract No: DB Woods at SH 29 Work Authorization No.
Water Relocations Supplemental No.
Hours Expenses
$235.00 $16000 $125.00 $135.00 $110.00 $72.00 . $0.550 $12.000 $0.150
per hour per hour per hour per hour perhour perhour per mile pereach per sheet
Task Senior Proj Engr III Proj Engr I Senior Technician 11 Clerical Mileage Delivery Copies Total Total Budget
Engineer Technician Hours
Design Phase
A. Data Development
Al. Gather and analyze data. 4 24 24 52 $6,860.00
A2.Prepare preliminary adjustment and 2 8 24 24 58 $7,990.00
relocation plans.
A3. Coordination meeting with City 4 4 4 140 12 $2,080.00
B Plans
$0.00
B1 Cover 1 sheet 2 4 6 $820.00
B2.General Notes 1 sheet 2 2 4 $570.00
B3.Relocation Plans Water 1 sheets 2 4 8 8 22 $3,190.00
B4.Plan and Profile 6 Sheets 4 24 60 64 152 $20,920.00
B5.Detail Sheets 4 sheets 2 8 16 16 42 $5,910.00
B6 Desi n Calculations 8 8 16 $2,280.00
C.Specifications 1 8 16 4 29 $3,80300
D.Quantity Take-Off/Bid Form 8 8 16 $2,280.00
E.Cost Estimate 8 8 16 $2,280.00
F.QA/QC 16 8 4 28 $5,580.00
G.Submittal Packages 4 8 8 8 250 4 3000 24 $2,856.00
H.Respond to Comments 8 16 16 40 $5.440.00
I.Coordination/Review Meetings 4 6 B 8 2 500 24 $3,834.00
J.Approvals 4 4 B 16 $1,716.00
Hour Sub Total 37 124 218 156 0 22 890 4 3000 557
Subtotal Labor Costs $8,695.00 $19,840 00 $27,250.00 $21,060.00 $0.00 $1,584.00 $489.0 $48.00 $450.00 $78,429.00
Subtotal Expense Costs $1,037.00
Bid Phase
A.Pre-bid conference 4 4 70 8 $1,140.00
B.Respond to contractors'questions 8 4 12 $1,780.00
C.Prepare addenda 2 4 8 16 28 $3,800.00
E.Review bid tabs 4 4 8 $1,140.00
F. Review Recommendation of Award 2 2 $320.00
Hour Sub Total 0 22 16 0 0 70 0 0 38
Subtotal Labor Costs $0 00 $3,520,00 $2,160.00 $0.00 $0.00 $38.50 $0.00 $0.00 $8,180.00
Subtotal Expense Costs $41.00
DB Woods/SH 29-Water Relocations
Page 1 of 2 December 6,2017
Contract No: DB Woods at SH 29 Work Authorization No.
Water Relocations Supplemental No.
Hours Expenses
$235.00 $160.00 $125.00 $135.00 $110.00 $72.00 $0.550 $12.000 $0.150
er hour er hour perhour —per hour per hour per hour per mile pereach per sheet
Task Senior Proj Engr III Proj Engr I Senior Technician II Clerical Mileage Delivery Copies Total Total Budget
Engineer Technician Hours
Construction Phase
A.Attend reconstruction meetin 4 4 70 $1,140.00
B.Attend progress meetings 2 8 8 140 $2,280.00
C.Attend site visits 2 8 8 $2,280.00
D.Review submittals 15 8 16 4 4 $3.568.00
E.Respond to RFls 8 16 16 8 4 40 $5,640,00
F.Change orders 1 2 8 8 8 2 100 $3.830.00
G.Final walk-throw h 4 4 70 $1,140.00
H.Project close-out 2 2 2 $1,040.00
1.Record drawings 1 2 1 8 1 12 1 1 3 $2,940.00
Hour Sub Total 4 60 74 28 0 4 280 11 143 0
Subtotal Labor Costs $940.00 $9,600.00 $11,840.00 $3,780.00 $0.00 $288.00 $154.00 $132.00 $21.45 $0.00 $23,858.00
Subtotal Expense Costs $323.00
Task Labor Expense Total Fee
Design $78,429.00 $1,037.00 $79,466.00
Bid $8,180.00 $41.00 $8,221.00
Construction $23,858.00 $323.00 $24,181.00
Total $110,467.00 $1,401.00 $111,868.00
DB Woods/SH 29-Water Relocations
Page 2 of 2 December 6,2017
:�R' CobbFendley
TBPE Firm Registration No 274
July 21,2017
DB Woods at SH 29—Easement Staking—Williamson County,Texas
The specific tasks to be performed by CobbFendley in conjunction with this project are limited to the
following:
SCOPE OF SERVICES
SURVEY—CONTROL
1. CFA will mobilize to job site to verify survey control established in May of 2015.
2. The previous survey control was based on the City of Georgetown Datum which is referenced to
the Texas State Plane Coordinate System—Central Zone,North American Datum 1983(93 HARN),
North American Vertical Datum 1988.
RECORD RIGHT-OF-WAY RESEARCH
1. CFA understands that all record research, necessary to establish the existing right-of-way for DB
Woods and SH 29 will be provided by Client. Research may include, Existing Right-of-Way maps,
adjoining ownership documents, i.e.deeds, plats,tax information.
2. CFA also understands that any pertinent easement documents will be provided,specifically those
easements that directly affect the area shown on Exhibit"A" below.
3. Information from this search will be compiled in a Deed Study of the area designated by the limits
shown on Exhibit "A" below.
EASEMENT SURVEY
1. Based on the Deed Study prepared and stated above, CFA will mobilize to the site and recover
previously located monumentation (surveyed in May of 2015) and any additional monuments
required to establish the Right-of-Way for DB Woods and SH 29.
2. CFA office staff will use the Deed Study Map,with found property corners and the Texas Board of
Professional Land Surveyors standards for rules of reconstruction to establish the existing Right-
Of-Way of DB Woods and SH 29.
3. CFA will additionally re-establish the easement for an existing Raw Water line, designated for
replacement by the City.
4. CFA will stake the easement at all P.L's and approximate 100' intervals. Limits of this staking will
run approximately 800 feet along DB Woods and 1,600 feet along SH 29.
ADDITIONAL RESEARCH
1. Although research of adjoining land owner data is not considered to be part of the SCOPE OF
SURVEY,CFA can provide the necessary research of owners along each right-of-way.
2. This research will include review of current Williamson County Tax Appraisal records and
Williamson County Clerk records for deed information.
3. The additional information will be incorporated into the Deed Study stated above.
505 East Huntland Drive,Suite 100 1 Austin,Texas 78752 1 512.834.9798 1 fax 512.834.7727 1 www.cobbfendley.com
TOPE Firm Registration No 274 J TBPLS Registration No 100467
::" CobbFendley
Date TBPE Firm Registration No 273
Page 2 of 3
SITE DESCRIPTION
The site is considered to be t the intersection of DB Woods and SH 29,in Williamson County,Texas
and extend approximately 2000'feet in each direction from the intersection.The easement to be
located/staked is runs along the north line of DB Woods,east of SH 29(800 feet)and the east line
of SH 29, north of DB Woods (1,600 feet). (See Exhibit"A"below).
EXCLUSIONS FROM THE SCOPE OF SERVICES
Specific items excluded from this proposal are as follows, and CobbFendley shall have no responsibility to
perform any of these services.
1. Right of Entry will not be required for this survey,as all work will be performed with in the obvious
limits of said DB Woods and SH 29 and the existing easement to be staked.
2. The survey will not address compliance or assessment of existing utilities, wetland
determinations, fault lines and/or environmental assessments that are beyond the surveyor's
expertise.
3. Excavation of utilities.
4. "Standard traffic control" is performed by CobbFendley and is included in our standard rates.
"Standard traffic control"can be described as short term lane closure necessaryfor manhole entry
or access to utility features located in the roadway. Should "NON STANDARAD" control be
required(lane closures,police office present,arrow board,etc...)these services will be considered
extra.
S. Any other service not specifically included within this description of Scope of Services described
above
BASIS OF COMPENSATION
We propose to perform the described Basic Services for the following fees:
BASIC SURVEY SERVICES $51800.00
CFA PROVIDED OWNERSHIP RESEARCH 600.00
505 East Huntland Drive,Suite 100 1 Austin,Texas 78752 1 512 834.9798 1 fax 512.834.7727 1 www cobbfendley.com
TBPE Firm Registration No 274 J TBPL5 Registration No 100467
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Client#: 153896 COBBFEND
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DDNYM
6/30/2017
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 Michelle Weweh
USI Southwest PH
9811 Katy Freeway,Suite 500 -M o Eat:7I3-490-4592 ,,CN,): 484-652-5181
Houston,TX 77024
DRESS: michelle.weweh@usi.com
INSURERS AFFORDING COVERAGE NAIC iI
713 490 500 INSURER A,Travelers Indemnity Co.of Amer 25666
INSURED INSURER 8:Travelers Indemnity Company 25658
Cobb,Fendley 8 Associates,Inc. INSURER C:Berkley Insurance Company 32603
13430 Northwest Frwy Ste 1100
Houston,TX 77040 INSURER D:Charter Oak Fire Insurance Comp 125615
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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.
INSR ADD UB POLICY EFF POLICY EX
LTR TYPE OF INSURANCE INSR D POLICY NUMBER MMIDD MMIDDNY" LIMITS
A X COMMERCIAL GENERAL LIABILITY 6802J988165 0711012017 07/10/201a EACHOCCURRENCE $1,000,000
CLAIMS MADE OCCUR pREMISE5 Ea a&u°nye $1,000,000
MED EXP Any oneperson) $10,000
X Deductible:$O PERSONALBADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
PRO-
POLICY a JET [7 LOC PRODUCTS-COMP/OP AGG s2,000,000
OTHER: $
D AUTOMOBILE LIABILITY BABE243910 7/1012017 07110/2016 (COBINED
Ea accideen SINGLE LIMIT $1,000,000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY Par accident S
AUTOS AUTOS { )
X HIRED AUTOS X AUTOS NON-OWNED PROPERTYDAMAGE
AUTOS Per accident s
X Deductible:$0 S
B X L!MBRELLA LIAR X OCCUR CUP8E287003 07111012017 07/1=0118 EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$10000 $
B WORKERS COMPENSATION UB4297T92 7/10/2017 07/10/201 X 1,qPTEARTLrrsI IOTH-
AND EMPLOYERS'LIABIUTY
ANY PROPRIETORIPARTNERIEXECUTIVE Y 1 N
OFFICERIMEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $1,000,000
(Mandalay In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
ff yyeesp describe under
DE6CRIPTION OF OPERATIONS below Deductible:$0 E.L.DISEASE-POLICY LIMIT S1,000,000
C Professional AEC901580002 7/10/2017 0711012011 $5,000,000 per claim
Liability $5,000,000 anni aggr.
CM Retro Date: 10/711987 1 Deductible:$200,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace is raqulred)
The General Liability and Automobile Liability policies Includes an automatic Additional Insured
endorsement that provides Additional Insured status to the Certificate Holder only when there is a written
contract that requires such status,and only with regard to work performed on behalf of the named Insured.
The General Liability and Automobile Liability policies contain a special endorsement with"Primary and
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Cobb,Fendley&Associates,Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
13430 Northwest Freeway ACCORDANCE WITH THE POLICY PROVISIONS.
Suite 100
Houston,TX 77040-0000 AUTHORIZED REPRESENTATNE
®1988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S20932485/M20926467 MDKZP
DESCRIPTIONS (Continued from Page 1)
Noncontributory"wording.
The General Liability,Automobile and Workers Compensation policies provide a Blanket Waiver of
Subrogation when required by written contract.
The General Liability,Automobile,Workers Compensation and Umbrella Liability policies Include an
endorsement providing that 30 days notice of cancellation for reasons other than non payment of premium and
10 days notice of cancellation for non payment of premium will be given to the Certificate Holder by the
Insurance Carrier.
The Umbrella Liability policy follows form to the underlying General Liability,Automobile and Workers
Compensation policies. The Umbrella Liability coverage limits are In addition to those provided by the
General Liability,Automobile and Workers Compensation policies.
This Certificate is issued for insured operations usual to engineering services.
SAGITTA 25.3(2014101) 2 of 2
#S20932485/M20926467
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
10f1
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-342397
Cobb, Fendley&Associates, Inc.
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/20/2018
being filed.
City of Round Rock Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
29RWL
DB Woods/SH 29 30"W.L. Relocation; Design services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Waith, Dan Houston,TX United States X
Bostwick,Cal Houston,TX United States X
Silver, Monica Houston,TX United States X
Conger, Dale Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My nalne is Dan Warth and my date of birth is 5/29/1960
My address is 505 E. Hurltland Drive,Suite 100 Austin TX 78752 US
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Travis County, State of Texas ,on the ratl day of April 20 18
(month) (year)
0'bfAe/"
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-342397
Cobb, Fendley&Associates, Inc.
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/20/2018
being filed.
City of Round Rock Date Acknowledged:
06/11/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
29RWL
DB Woods/SH 29 30"W.L. Relocation; Design services
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Warth, Dan Houston,TX United States X
Bostwick, Cal Houston,TX United States X
Silver, Monica Houston,TX United States X
Conger, Dale Houston,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523