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Contract - Plummer Associates, Inc. - 3/12/2020 ROUND ROCK TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: PLUMMER ASSOCIATES, INC. ("Engineer") ADDRESS: 1221 Auraria Parkway, Denver, CO 80204 PROJECT: Communications and Water Plant Control System Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the Wb-day of NIAK,4 , 2020 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: Time and Materials Engineering Services Contract Rev. 08/19 0199.20205;00439381 00296523 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. 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 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 Seven Hundred Ninety-Eight Thousand Three Hundred Thirty-Seven and No/100 Dollars, ($798,337.00). 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 3 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 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: Juan Martinez Project Manager 3400 Sunrise Road Round Rock, TX 78665 Telephone Number(512) 341-3332 4 Mobile Number(512) 567-7146 Fax Number(512) 218-5536 Email Address jmartinez�a�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: Nicholas Toussaint Principal 1221 Auraria Parkway Denver, CO 80204 Telephone Number(303) 300-3464 Fax Number(817) 870-2536 Email Address ntoussaintaplummer.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 hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 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 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. (3) As required by Chapter 2270, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory, but does not include an action made for ordinary business purposes. 10 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION, FINANCIAL INTEREST 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. 11 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 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 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." 12 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 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: 13 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Nicholas Toussaint Principal 1221 Auraria Parkway Denver, CO 80204 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or 14 all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed 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. [signature page follows] 15 CITY OF OUND ROCK, TEXAS APPR VED AST ORM: By: Craig Mo gan, avor Stephan4,. Sheets, City Attorney ATTEST: By: �V� A Sara L. White, City Clerk PLUMMER ASSOCIATES, INC. . By Signature of Principal Printed Name: Nick E Toussaint 16 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 17 EXHIBIT A City Services Per the scope of work documented in Exhibit B - Engineering Services, the City of Round Rock (CITY) responsibilities will include the following: • Provide Alan Plummer Associates, Inc. (APAI) with requested information as needed, included, but not limited to, previous studies, record drawings, operational data. etc. • Provide APAI with access to the City's facilities as needed to complete the work. • Review materials submitted by APAI related to the project and provide comments back as requested. • Arrange for and coordinate regular meetings with CITY staff for the review of information provided and to receive comments. • Pay all permitting fees associated with the Texas Pollutant Discharge Elimination System (TPDES) permit. • Arrange for and pay newspaper publication fees associated with the publication of the bid solicitations. EXHIBIT B Engineering Services This Exhibit is part of the Agreement between Plummer Associates, Inc. (Plummer) (the "Engineer") and the City of Round Rock (the "City") for the project generally described as: Communications and Water Plant Control System Improvements Engineering and Configuration Services Introduction The scope of this project is to provide engineering services to upgrade the remote site communications system and at the Water Treatment Plant (WTP), replace the updated Modicon Quantum programmable logic controllers (PLCs) with current Modicon M580/M340 PLCs, replace the Wonderware Human Machine Interface (HMI) software with Ignition HMI, replace flocculator and rapid mix variable frequency drives (VFDs), provide power monitoring equipment and software for high service pumps and provide configuration/programming services as outlined in Project 2. Project 1 -Engineering services performed by the Engineer shall include the following: Task A - Design Phase Services 1. Attend up to five (5) meetings, including 70% and 90% review meetings 2. Perform field investigations to provide adequate bid documents 3. Develop plans for design improvements (described below) 4. Develop specifications for design improvements (described below) 5. Conduct cellular signal field signal strength test (RSI) to determine cellular router selection, antenna type, and height required for communication Task A— Scope of Design Improvements The following is a highlighted list of design improvements for the City-Wide SCADA Communication Systems, improvements to the Brushy Creek West Water Reclamation Plant, and the Water Treatment Plant. 1. Lift Stations and Reuse System a. Establish a Lift Station/Reuse System Cellular Virtual Private Network (VPN) b. Migrate seven (7) lift stations from the serial radio system to the VPN c. Migrate the reuse elevated tank from the serial radio system to the VPN d. Cellular router connection at Brushy Creek East Water Reclamation Plant e. Establish a non-licensed radio link between Reuse Elevated Tank and Reuse PLC at Brushy Creek East Water Reclamation Plant 2. Water Distribution System a. Establish a Water System VPN 1 b. Migrate eleven (11) PRVs from the serial radio system to the VPN c. Migrate one (1) meter/traffic counter from the serial radio system to the VPN d. Design the installation of new PLC/RTU and cellular router at two (2) PRVs e. Add five (5) cellular routers to pump stations sites as primary means of communication; serial radio to become backup f. Add six (6) cellular routers to elevated tanks sites as primary means of communication; serial radio to become backup g. Replace Front End PLC at the Water Treatment Plant h. Design a remote Radio Panel at the Water Treatment Plant i. Design a microwave link from Lake Georgetown Pump Station to the Water Treatment Plant j. Design the installation of power meters at each pump located at each of the remote pump stations 3. Water Treatment Plant a. Replace the Modicon Quantum PLC and Remote Input/Output (RIO) with Modicon M580/320s PLC b. Replace the VFD for Flocculators/Rapid Mixers c. Install Power meters on High Service Pumps d. Design miscellaneous improvement to submersible pump e. Design the installation of new PLC panels for chemical feed areas f. Design modifications to the Fiber Optic/Network g. Design in-plant WiFi for use of smart pads to monitor and control WTP h. Develop Control Strategies Task B — Bid Phase Services 1. Prepare and attend Pre-Bid Meeting 2. Respond to questions and prepare addendums for City to post to Civcast 3. Attend Bid Opening 4. Perform due diligence on apparent highest rank qualified bidder and provide bid recommendation 5. Prepare and provide conformed documents Task C — Construction Phase Services 1. Prepare and attend Pre-Construction Meeting 2. Prepare and attend up to twelve (12) monthly/coordination site meetings. 3. Review up to thirty (30) submittals, twenty (20) requests for information and four (4) proposed contractor modifications 4. Review testing documentation and attend three days of on-site testing. 5. Perform final walkthrough and develop deficiency list 6. Prepare project Closeout documentation, including substantial and final completion letters and prepare record drawings and documentation Task D— Project Management 2 1. Provide project management activities to properly plan the work, sequence, manage, coordinate, schedule, and monitor the scope tasks and completion of the tasks. Conduct internal team coordination as required to accomplish the work 2. Prepare a project management plan including scope, budget, schedule, communication, project team, and file organization 3. Provide monthly status updates to the City including the percent complete for scope tasks and issues, budget status, and schedule. Maintain and update, on a monthly basis, an action item log, a decision log, and a project change log as well as the schedule 4. Conduct QC reviews for the deliverables Project 2 - PLC/HMI programming and configuration services for the project performed by Plummer shall include: Task A— HMI Configuration Services 1. Lift Stations and Reuse System a. Migrate Lift Station/Lift Station HMI functionality from existing Wonderware system to new Ignition HMI at Brushy Creek East VWVT b. Create new device connections to allow data acquisition from new cellular VPN sites in Ignition 2. Water Distribution System a. Create replacement HMI screens in Ignition for the Distribution System 3. Water Treatment Plant a. Create replacement HMI system in Ignition at the Water Treatment Plant Task B — PLC Programming Services 1. Provide PLC programming to replace Front End PLC at the Water Treatment Plant 2. Provide PLC programming to automate filter backwash controls Task C —VPN and Network Configuration Services 1. Configure new VPNs for the Lift Stations a. Configure anew Virtual Private Network at the Brushy Creek WWTF b. Configure seven (7) new cellular radios for the Lift Stations and the Reuse Storage Tank 2. Configure new VPNs for the Water Distribution System a. Configure a new Virtual Private Network at the Water Treatment Plant b. Configure new cellular radios for eleven (11) PRVs and migrate them from the serial radio system to the VPN c. Configure new cellular radio for one (1) meter/traffic counter and migrate from the serial radio system to the VPN d. Configure new cellular radios for the installation of the new PLC/RTU and cellular router at two (2) PRVs 3 e. Configure new cellular radios for five (5) cellular routers to pump stations sites as primary means of communication; and migrate serial radio communications to become backup f. Configure six (6) new cellular routers at the elevated tanks sites as primary means of communication; serial radio to become backup g. Configure the microwave link from Lake Georgetown Pump Station to the Water Treatment Plant Task D — Project Management 1. Provide project management activities to properly plan the work, sequence, manage, coordinate, schedule, and monitor the scope tasks and completion of the tasks. Conduct internal team coordination as required to accomplish the work 2. Prepare a project management plan including scope, budget, schedule, communication, project team, and file organization 3. Provide monthly status updates to the City including the percent complete for scope tasks and issues, budget status, and schedule. Maintain and update, on a monthly basis, an action item log, a decision log, and a project change log as well as the schedule 4. Conduct QC reviews for the deliverables 4 EXHIBIT C Work Schedule Attached Behind This Page CORR Comms Upgrades, WTP HMI Configration ID Task Task Name Duration Start Finish J20 Qtr 2,2020 Qtr 3,2020 Qtr 4,2020 Qtr 1,2021 I Qtr 2,2021 Qtr 3,2021 Mode _� Feb -Mar ;_Apr _May Jun Jul Aug_L SepQOctLNov f_Dec Jan-� _� 1 Board Approval 0 days Fri 2/28/20 Fri 2/28/20 2/28 Feb Mar Apr May Jun Jul Aug Sep 2 �`; Contracts 10 days Fri 2/28/20 Thu 3/12/20 3 r'i Project 1-Task A Design Phase-Comms 358 Mon 3/16/20 Wed 7/28/21 &PLC Upgrades days 4 NP+ Develop 30%Design Plans 20 days Mon 3/16/20 Fri 4/10/20 5 11111% Develop 30%Design Specifications 20 days Mon 3/16/20 Fri 4/10/20 6 W} 30%Comms Design Review Meeting 0 days Fri 4/10/20 Fri 4/10/20 4/10 �7 W+ Develop 60%Design Plans 20 days Mon 4/13/20 Fri 5/8/20 8 Develop 60%Design Specifications 20 days Mon 4/13/20 Fri 5/8/20 �9 or} Client Review 5 days Mon 5/11/20 Fri 5/15/20 10 0% 60%Comms Design Review Meeting 0 days Fri 5/15/20 Fri 5/15/20 5/15 11 or+ Develop 90%Design Plans 20 days Mon 5/18/20 Fri 6/12/20 12 m,, Develop 90%Design Specifications 20 days Mon 5/18/20 Fri 6/12/20 13 11111% Client Review 5 days Mon 6/15/20 Fri 6/19/20 14 M., 90%Comms Design Review Meeting 0 days Fri 6/19/20 Fri 6/19/20 6/19 1s m, Issue Documents for Bid 5 days Mon 6/22/20 Fri 6/26/20 16 W., Task B-Bid Phase Services 61 days Wed 7/8/20 Thu 10/1/20 17 Or, Pre-Bid Meeting 1 day Wed 7/8/20 Wed 7/8/20 18 or, Issue Addendum No.1 5 days Thu 7/9/20 Wed 7/15/20 19 or, Issue Addendum No.2 5 days Thu 7/16/20 Wed 7/22/20 20 N, Comms Project Bid Date 0 days Tue 8/4/20 Tue 8/4/20 8/4 21 Issue Recommendation to Owner 10 days Tue 8/4/20 Mon 8/17/20 22 City Award of Comms Project 0 days Thu 10/1/20 Thu 10/1/20 10/1 23 Task C-Construction Services 70 days Thu 10/1/20 Wed 1/6/21 24 U., Submittal Reviews 60 days Thu 10/1/20 Wed 12/23/20 25 w+- Factory Acceptance Testing 10 days Thu 12/24/20 Wed 1/6/21 26 ��, Construction Activities 145 dayThu 1/7/21 Wed 7/28/21 27 o+ WTP PLC Replacements 145 dayThu 1/7/21 Wed 7/28/21 28 Project 2-Task A HMI Configuration 324 Mon 5/4/20 Fri 7/30/21 Services days 29 lmr, VPN Addressing and Design 20 days Mon 6/22/20 Fri 7/17/20 30 IW., Lift Station HMI Development 60 days Mon 6/29/20 Fri 9/18/20 31 1W, Water Distribution System HMI 60 days Mon 9/21/20 Fri 12/11/20 Development 32 NP, FEP Programming 30 days Mon 7/20/20 Fri 8/28/20 33 w., Comms Site Change Overs 60 days Mon 1/18/21 Fri 4/9/21 34 W,' Lift Station Change Overs 30 days Mon 1/18/21 Fri 2/26/21 35 w,, Water System Change Overs 60 days Mon 3/1/21 Fri 5/21/21 j 36 E, WTP HMI Development 180 day Mon 5/4/20 Fri 1/8/21 Project Substatial Completion 0 days Fri 7/30/21 Fri 7/30/21 4 7/30 — — Plummer V1 -Tue 2/4/20 EXHIBIT D Fee Schedule Attached Behind This Page CITY OF ROUND ROCK Communications and Water Plant Control System Improvements ENGINEERING SERVICES BUDGET SUMMARY Project Project Name Principal :Sr.Elec Eng Sr.Proj Mg[ Prog II Prog I 1 Elec Spec E EIT III EIT III Technician Clerical QC Total Labor Percent No. (hrs) (hrs) (hrs) (hrs) (hrs) I (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) Hours Fee($$$) of Total SUMMARY 88 887 24 328 400 0 400 2,126 230 44 89 4,616 $ 752,637 100.0% Project N Engineering Phase Services 52 558 24 40 0 0 400 306 230 44 32 1,686 $ 311,452 41.4% Project N Configuration Phase Services 36 329 0 288 400 0 0 1,820 0 0 57 2,930 $ 441,185 58.6% Project N 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - 0.0% a Project N 0 0 0 0 0 0 0 J 0 0 0 0 0 0 $ _ 0,0% Project N 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0.0 Project N 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0.0% I I� I TOTAL LABOR Total Labor Hours 88 887 24 328 400 0 400 2,126 230 44 89 4,616 Total Labor Amount $ 752,637 100.0% Labor Rates per Hour $305 $280 $200 $150 $125 $145 $125 $125 $115 $93 $305 Total Amounts by Labor Category $ 26,840 $ 248,360 $ 4,800 $ 49,200 $ 50,000 $ $ 50,000 $ 265,750 $ 26,450 $ 4,092 $ 27,145 $ 752,637 Labor Category Percent of Total Labor 3.6% 33.0% 0.6% 6.5% 6.6% 0.0% 6.6% 35.3% 3.5% 0.5% 3.6% 100.0% TOTAL EXPENSES(see breakdown below► Total Subconsultants $ Total Reimbursables - Total Expenses 1 $ 45,700 GRAND TOTAL-Communications and Water Plant Control System Improvements $ 45,700$ 798,337 EXPENSES Project Project Expense Budget($$) Expense Invoice Amt($$$) Total Total No. Name Cons. Reimb. Total Cons. Reimb. Total Labor Contract Project N.Engineering Phase Services $ $ 15,400 $ 15,400 $ $ 15,400 $ 15,400 $ 311,452 $ 326,852 Project N Configuration Phase Services $ $ 30,300 $ 30,300 $ - $ 30,300 $ 30,300 $441,185 $471,485 $ - $ - $ - $ $ - $ $ $ Project N-$ $ $ _ $ _ $ _ $ $ $ - $ Project N-$ $ $ Project N-$ - $ _ TOTAL EXPENSES I$ $ 45,700 $ 45,700 $ $ 45,700 $ 45,700 $ 752,637 $ 798,337 C:\ProjectS\0982-009-01 Round Rock WTP\Contract\Final\[EIC Project Budget City of Round Rock REV 2.xls]Summary 02/06/20 CITY OF ROUND ROCK Communications and Water Plant Control System Improvements Engineering Phase Services Project No.1 Level 2(Phase)No.and Description Principal Sr.Ekc Eng Sr.Pro]H.1gr Frog II Frog 1 Elec Spec E EIT III EIT III Technician Level (Task)No.and Description Project Dates ClericalI OC Total Labor Percent of (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (Errs) (hrs) Hours Fee(ff5) Total Fee Engineering Phase Services Start Date End Date 52 558 24 40 0 0 400 306 230 44 32 1,686 p$ 311,452 100.0% I I A Design Phase Services 40 244 24 40 0 0 256 270 200 40 0 1,116 i$ 184,040 59.1% 1 Field Inv 16 40 8 40 40 0 144 $ 27,680 8.9% 2 Develop Plans 8 60 - 40 40 40 0 188 $ 35,240 11.3% 3 Develop Plans e 1 4 Develop SpeciHeafans00 120 140 200 0 588 $ 85,940 27.6% 8 40 16 50 50 40 0 204_ $ 33,060 10.6% 5 Signal Field Test 4 8 0 12 _ $ 2,120 0.7% B Bid Phase Services 4 36 0 0 0 0 16 0 16 4 0 60 $ 16,302 5. 1 Prepare/Attend Pre-Bid Meeting 8 0 8i$ 2,240 0.7% ~2 Prepare Addendum ��- 2 16 12 0 8 2 40 $ 7,696 2.5% 3 Attend Bid Opening 6 4 Bid Recommendation 2 4 6 $ 1,680 0.5%6 �$ 1,730 0.8% 5 Conform Documents 4 4 0 10 2 20 I$ 2,956 0.9% C Construction Phase Services 6 226 0 0 0 0 126 36 12 0 0 410 ff$ 87,910 28,2% 1 Prepare/Attend Pre-Construction Meeting 8 6 2 I$ 990 1.0% , _2 Preparo/Atlend Monthty Site Meetings 96 36 36 1 14 4 $ 35,880 11.5% 3 RFLPCM/Submittals 4 60 80 124 $ 25,520 8.2% 4 Attend Testing 5 PrepwWAttend Firm/WaNdhrough 40 18 58 $ 13,200 4256 12 4 --le--7$.. 3,860 1.2% 6 Pro%act Ckueout 4 12 4 12 32 13 6,460 2.1% D Level 2(Phase)Name 0 0 0 0 0 0 0 0 0 0 0 8 i S _ 1 Level 3(Task)Name 0._ 0S 2 Level 3(Task)Name 0.0%_ 3 Level 3(Task)Name 0 $ 0.0% 4 Level (Task)Name D $ - 0.0% 5 Leval 3(Task)Name 0 $ 0.0% 0 $ 0.0% PM ADMINISTRATIVE/OC TASKS 0 48 0 0 0 0 0 0 0 0 32 8(1 1 Quality Control $ 23,200 7.4 2 Project Management 32 32 $ 9,760 3.1% ----- 48 48 $ 13,440 4.3% TOTALLABOR Total Labor Hours 52 558 24 40 0 0 400 306 230 44 I 32 1,686 Total Labor Amount $ 311,452 100.0 Labor Rates per Hour $305 $280 $200 $150 $125 $145 $125 $125 $115 $93 $305 Total Amounts by Labor Category $ 15,860 $ 156,240 $ 4,800 $ 6,000 $ - $ - $ 50,000 $ 38,250 $ 26,4E0 $ 4,092 $ 9,760 $ 311,452 Labor Category Percent of Total Labor 5.1% 50.2% 1.5% 1.9% 0.0% 0.0% 16.1% 12.3% 8.5% 1.3% 3.1% 100.0"a TOTAL EXPENSES(see breakdown below) Total Subconsultants Total Reimbursables E Total Expenses f 15,400 GRAND TOTAL-Engineering Phase Services $ 15,400 $ 326,852 SUBCONSULTANT EXPENSES REIMBURSABLE EXPENSES Code Description Budget($$) Markup Fee($SS) CA Code Description Budget($$) Markup Fee($$$) Architect Consultant S - 1.15 $ - ) Laboratory .$ - 1.00 $ CC CFnI Engr Consultant $ 1.15 $ RA - CE Electrical Consultant $ 1.15 $ RC Computer $ 1.00 $ CG Geetechnieal Consultant $ 1.15 $ RH Hiictorieal $ - 1.00 $ CM Mechanical Consultant $ - 1.15 RI In-House Reproduc8on $ 2,000 1.D0 S 2,000 S CO Other Concrdtant $ - 1.15 S RL Long Distance T $ 1AM S CS Structural Consultant $ - 1.15 $ - RORM Employee Mileage $ 6,000 1.00$ 6,000 CY Surveying Other Expenses $ 1,500 1.00$ 1,500 $ C1 Consultant $ 1.15 RP Purchased Services $ 1.00 $ $ 1.15 $ RR Reproduction - C2 $ - 1.15 $ - � $ - 1.00 $ - $ RS ,Delivery,Posta S 2D0 1.00 $ 200 C3 $ 1.15 RT Travel,Meals,L C4 $ - 1.15 S - °d91n9 $ 2,500 1.00$ 2,500 RU CS $ Telecomnxktieabom $ 3,200 1.00$ 3.200 1.15 $ =C6 __$ _- -' 1.15 $ R1 $S 1.D0 $- 1.00 $ - R2 TOTAL SUBCONSULTANT EXPENSES E - `.S - TOTAL REIMBURSABLE EXPENSES $ 15,400 $ 15,400 CAProjects\0982-009-01 Round Rock WTP\Contrac(\FinaQEIC Project Budget City of Round Rock REV 2.x1s]Prolect 1 02/06/20 CITY OF ROUND ROCK Communications and Water Plant Control System Improvements Configuration Phase Services Project No.2 Level 2(Phase)No.and Description Principal Sr.Elec Eng Sr.Prat Mgr Prog II Frog I Elec Spec E EIT 01 EIT III Technician Clerical OC Total Labor Percent of Project Dates Level 3(Task)No,and Description (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) (hrs) Hours Fee($SS) Total Fee Configuration Phase Services Start Date End Date 36 329 0 288 400 0 0 1,820 0 0 57 2,930 $ 441,185 100.0 I A HMI Configuration Services 0 0 0 100 0 0 0 1,780 0 0 D 1,880 $ 237,500 53.8% 1 Brushy Creek West Ignition Edge System _ 2 Lift Station Migration 0 0 $ 0.0% 300 300 $ 37.500 8.5 3 VPN Device Configuration 100 100 S 12,500 2.8% 4 WaterOfstribution W 5 W1P F8W 100 300 4D0 $ 52.500 11.9% 1.080 1,000 $ 135.000 30.6% B PLC Programming Services 0 80 0 0 489 9 9 0 0 0 0 4" $ 61,808 1 Front End PLC Programming(FEP) 20 160 180 1$ 25,600 5.8% 2 AufomatedFilterBackweshRoutines 40 240 rM S 41,200 9.3% 3 Checkout&Startup 4 Leve/3(Task)Nam E 0.0% 5 Level 3(Task)Name $ 0.0% E 0.0% C VPN&Network Configuration Services 0 0 9 144 0 0 0 0 0 0 0 E 25,200 5.7% 1 VPN Configuration at WTP&WWrF 80 so 15 12,000 2.7% 2 VPN Configuration for Lift Stations and Reuse 40 40 3 VPN $ 6,000 1.4% Config for Meter Site&Pump Stations 16 18 $ 2,400 0.5% 4 VPNs For Storage Tanks 16 16 5 Configuration ofMicrotwE ve Link Georgetown 2.400 0.5% 16 16 $ 2,400 0.5% D Project Management 20 245 0 20 0 0 0 46 0 9 0 325 $ 82,700 18.7% 1 Project Meetings and Workshops 16 40 56 $ 16,060 3.6% 2 Project Planning 4 50 54 $ 15,220 3.4% 3 Project Managernnt 115 115 $ 32,200 7.3% 4 Testing -_ 5 Leve/3(Task)Name 40 20 40 100 $ 19,200 4.4% 0 $ 0.0% PM ADMNWSTRATIVEIQCTASKS 1i 24 0 0 0 0 0 e 0 0 57 97 $ 28,98b 4.6%1 Quality Control 16 24 2 Project Management 57 97 E 28,965 6.6% D E 0.0% TOTAL LABOR Total Labor Hours 36 329 0 288 400 0 0 1,820 0 0 57 2,930 Total Labor Amount Labor Rates per Hour EJOS $280 E2C0 $150 $725 $145 E125 $125 $115 E93 E305 E 441,185 100.0% Total Amounts by Labor Category $ 10,980 $ 92,120 $ - S 43,2C0 S 50,000 $ - $ - $ 227,500 $ - $ - $ 17,385 $ 441,185 Labor Category Percent of Total Labor 2.5% 20.9% 0.0% 9.8% 11.3% 0.0% 0.0% 51.6% 0.0% 0.05: 3.9% 100.0%TOTAL EXPENSES(see breakdown below) Total Subconsuitants Total Reimbursables $ - Total Expenses $ 30,300 AND TOTAL-Configuration Phase Services $ 30,300 $ 471,485 SUBCONSULTANT EXPENSES REIMBURSABLE EXPENSES Code Description Budget(S- Markup 1($$$) Code Description Budget($$) Markup Fee($$7) CA ;Architect Consultant $ - 1.151RA Laboratory Analysis S 1.00 S CC Civl Engr Constdfant $ - 1.15CE Elachical Consultant $ - 1.15 RC Cotte $ 1.00$ RH Hisloioal $ - 1.00$ CG Geotechnical CansukwA $ - 1.15In-House Reproduction $ 1,000 1.00 $ 1,000 CM Mechanical Consuttant $ - 1.15 RL L Dishnce T CO Other Consultant $ 1.15 $ n done $ 1.00$ - CS Sfntckad ConsutantRM Employee Mileage $ 12,000 1.00 $ 12,000 $ 1.15$ RO Other Expenses $ 2,000 1.00 E 2,000 CY Surveying Consultant $ - 1.15$ C1 $ 1.15 $ Services RP PurchasedServices - RR Reproduction S 1.00$ - 1.15 $C2 $ _ _ 1.00$ - RS C3 $ - 1.15 $ sh RT Travel, .Delive •Posiage $ 300 1.00 $ 300 C4 $ 1.15 $ RU Travel,Meats,Lodging $ 15,000 1.00 $ 15,000 C5 $ - 1.15$ _ $ - 1.00$ - C6 $ - 1.151$ R1 $ - 1.00 S _- TOTAL SUBCONSULTANT EXPENSES S - $ - R2 $ - 1.001$ TOTAL REIMBURSABLE EXPENSES $ 30,300 $ 7,37 C:\Pro;ects10982-009-01 Round Rock WTP\Contract\Finaf,[EIC Protect Budget City of Round Rock REV 2.xls]Prolect 2 02/06/20 EXHIBIT E Certificates of Insurance Attached Behind This Page ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERRisk Strategies CONTACT NAME: Joe Bryant 12801 North Central Expy. Suite 1710 PAHON o Ext): 214 503-1212 a FAX No): 214 503-8899 Dallas,TX 75243 E-MAIL ADDRESS: certificatedallas risk-strate ies.com INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: XL Specialty Insurance Company 37885 4Plummer Associates, Inc. INSURERB: Valle Forge Insurance Company 2 1320 South University Drive INSURERc: Continental CasualtyCompany 2 Ste.300 INSURERD: Sentinel Insurance Company Ltd 1 1000 Fort Worth TX 76107 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 53968004 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS B ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ 6024858522 6/15/2019 6/15/2020 EACH OCCURRENCE $1,000,000 E TO CLAIMS MADE �/ DAMAGRENTED OCCUR PREMISES Ea occurrence $1,000,000 ✓ XCU Coverage MED EXP(Any one person) $10,000 ✓ Contractual Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: Valuable Papers $100,000 B AUTOMOBILE LIABILITY 6024858522 6/15/2019 6/15/2020 COMBINED SINGLE LIMIT✓ $✓ 1,000 000 ANY AUTO No Owned Autos Ea accident) INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident C ✓ UMBRELLA LIAB OCCUR 6024858536 6/15/2019 6/15/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I ✓I RETENTION$10,000 D WORKERS COMPENSATION 84WBGAC6U63 1/1/2020 1/1/2021 PER OTH- AND EMPLOYERS'LIABILITY Y/N ✓ ✓ I STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 OFFICER/MEMBER EXCLUDED? ❑ N/A ,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEEI $1.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000,000 A Professional Liability ✓ DPR9941677 5/9/2019 5/9/2020 Per Claim $2,000,000 Pollution Liability Annual Aggregate $3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. RE:OPP#2019-149-00 City of Round Rock WTP HMI/PLC Replacement CERTIFICATE HOLDER CANCELLATION Clt of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 22 T E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664 AUTHORIZED REPRESENTATIVE Joe Bryant ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ;3968004 1 20/21 GL/AL/UL/WC/PL I Ronna Dans 1 2/5/2020 2:58:51 PM (EST) I Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-a and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 it 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. Plummer Associates, Inc. 2020-589216 Fort Worth,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 o 02/18/2020 being filed. City of Round Rock Date Acknowledged: 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. 00296523 Communications&WTP Control System Improvements 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary McDonald, Ellen Fort Worth,TX United States X Davis,Alan Fort Worth,TX United States X Gudal,David Fort Worth,TX United States X Caffey,Jeffrey Fort Worth,TX United States X Coonan,Steve Austin,TX United States X Hunt, Rex Austin,TX United States X Tucker,Alan Fort Worth,TX United States X Young,Chris Fort Worth,TX United States X O'Brien,Patrick Durango, CO United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Tammy Kilhullen and my date of birth is / My address is 1320 S.University Dr. Fort Wort.lx TX 76107 USA (street) (city) T (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 'Tarrant _County, State of Texas ,on the 18 day of February 20 20 (month) (year) (:�L Signatur a orized agent of contracting siness entity (Declarant) Forms provided by Texas Ethics Commission www.ethics,state.tx. s Version V1.1.3a6aaf7d 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. 2020-589216 Plummer Associates, Inc. Fort Worth,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 02/18/2020 being filed. City of Round Rock Date Acknowledged: 03/04/2020 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. 00296523 Communications&WTP Control System Improvements 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary McDonald, Ellen Fort Worth,TX United States X Davis,Alan Fort Worth,TX United States X Gudal, David Fort Worth,TX United States X Caffey,Jeffrey Fort Worth,TX United States X Coonan, Steve Austin,TX United States X Hunt, Rex Austin,TX United States X Tucker,Alan Fort Worth,TX United States X Young, Chris Fort Worth,TX United States X O'Brien, Patrick Durango, CO 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 V1.1.3a6aaf7d