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R-06-12-21-9F2 - 12/21/2006
RESOLUTION NO. R -06-12-21-9F2 WHEREAS, the City of Round Rock desires to retain engineering services for the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements, and WHEREAS, Carter & Burgess, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Carter & Burgess, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Carter & Burgess, Inc. for the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 21st day of December�.,2006. NY APMXW�, Mayor ity of Round Rock, Texas ATTES p ' CHRISTINE R. MARTINEZ, City Secretary 0:\wdox\RESOLUTI\R61221F2.WPD/rmc L, CONTRACT FOR ENGINEERING SERVICES FIRM: CARTER & BURGESS, INC.("Engineer") ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, Texas 78746 PROJECT: Raw Water Barge and Pipeline for the Cedar Park / Round Rock / Leander Regional Water System Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of December, 2006 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 "Round Rock"), the CITY OF CEDAR PARK, a Texas home -rule municipal corporation, whose offices are located at 600 North Bell Blvd., Cedar Park, Texas 78613, (hereinafter referred to as "Cedar Park"), the CITY OF LEANDER, a Texas home -rule municipal corporation, whose offices are located at 200 W. Willis St., Leander, Texas 78641 (hereinafter referred to as "Leander"), (all collectively referred to hereinafter as "Owners") 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 of services of professional engineers; and WHEREAS, Owners and Engineer desire to contract for such professional engineering services; and WHEREAS, Owners 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 File Name: Carter&Burgess/00107517 EXHIBIT 1 "All Rev. 04/06/05 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 OWNERS' SERVICES Owners shall perform or provide services as identified in Exhibit A entitled "Owners' Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services," and in accordance with the Regional Water System Project Schedule ("Project Schedule") as identified in Exhibit C. Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit D 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 Owners 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 unanimous approval of the Owners. 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 Owners shall have the right to terminate this Contract as set forth below in Article 20. So long as the Owners elect 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 Owners in writing as soon as possible if 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 in accordance with the Project Schedule and the Work Schedule. 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 2 consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by Owners to proceed as provided in Article 7. ARTICLE 4 COMPENSATION Owners shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. Owners and Engineer agree that the Engineer's compensation will be paid by Owners in the following percentages: Round Rock: 38.56% Leander 47.26% Cedar Park 14.18% The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of and No/100 Dollars ($ .00) as shown in Exhibit E. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by Owners. Engineer shall prepare and submit to Owners monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of Owners for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to Owners, 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 two (2) copies of a certified invoice in a form acceptable to Owners, with the invoice cost allocated among the Owners in the percentages set forth in Article 4 above. This submittal shall also include a progress assessment report in a form acceptable to Owners. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit E. Progress payments shall be made by Owners based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, Owners shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. 9 Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to Owners, adequate and sufficient in its determination, that tasks were satisfactorily completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from 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 Owners receive 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 Owners 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 Owners 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 Owners in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. Owners 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 Owners have issued a written Notice to Proceed regarding such task. The Owners 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. 0 ARTICLE 8 PROJECT TEAM Owners' Designated Representatives for purposes of this Contract are as follows: CITY OF ROUND ROCK Jim Nuse 221 E. Main St. Round Rock, Texas 78664 Telephone Number: (512) 218-5401 Fax Number: (512) 218-7097 Email Address: jnuseground-rock.tx.us CITY OF CEDAR PARK Brenda Eivens 600 North Bell Blvd. Cedar Park, Texas 78613 Telephone Number: (512) 401-5020 Fax Number: (512) 258-8602 Email Address: eivens@ci.cedar-park.tx.us CITY OF LEANDER Anthony `Riff' Johnson P.O. Box 319 Leander, Texas 78646 Telephone Number: (512) 528-2712 Fax Number: (512) 528-2831 Email Address: biff@ci.leander.tx.us Owners' Designated Representatives shall be authorized to act on Owners' behalf with respect to this Contract. Owners or Owners' Designated Representatives 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. Owners may designate in writing alternate Designated Representatives as they deem necessary or desirable. Engineer's Designated Representative for purposes of this Contract is as follows: Carter & Burgess, Inc. John Lindner, P.E. Managing Principal 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Telephone Number: (512) 314-3100 Fax Number: (512) 314-3135 Email Address: John-Lindner@c-b.com 5 ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with Owners at Owners' election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by Owners, in order for Owners to evaluate features of the Engineering Services. At the request of Owners or Engineer, conferences shall be provided at Engineer's office, the offices of Owners, or at other locations designated by Owners. When requested by Owners, such conferences shall also include evaluation of the Engineering Services. Should Owners determine that the progress in Engineering Services does not satisfy the Work Schedule, then Owners shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise Owners 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 Owners assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should Owners desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by Owners 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 all parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from Owners to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of all parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If Owners suspend 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. Owners assume no liability for Engineering Services performed or costs incurred prior to the date authorized by Owners for Engineer to begin Engineering Services, and/or during periods when Engineering Services are suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, it shall promptly notify Owners in writing. In the event Owners find that such work does constitute extra work and exceeds the maximum amount payable, Owners 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 all parties, of a written Supplemental Contract. Owners 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 Owners deem 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 Owners. 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 Owners. No additional compensation shall be due for such Engineering Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if Owners determine 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 Owners. 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 all parties that Engineer shall make no claim for extra work done or materials furnished until the Owners authorize full execution of the written Supplemental Contract and authorization to proceed. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of Owners and shall be furnished to Owners upon request. All documents prepared by Engineer and all documents furnished to 7 Engineer by Owners shall be delivered to Owners upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished Owners under this Contract. 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 Owners, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by Owners. 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 Owners. Engineer may not change the Project Manager without prior written consent of Owners. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from Owners. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by Owners prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES Owners, or any of their authorized representatives, 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 they are 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 Owners 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 written approval by Owners before any final report is issued. Owners' 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 all parties. (2) By Owners, 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 Owners, for reasons of their 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 Owners 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, Owners shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should Owners 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 Owners terminate this Contract for fault on the part of Engineer, then Owners 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 Owners, the cost to Owners 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 Owners 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 Owners 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 its contractual obligations, then Owners may take M over the Project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to Owners for any additional and reasonable costs incurred by Owners. 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 Owners with satisfactory proof of 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. Owners are 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 Owners and their officers and employees from all claims and liabilities due to activities of itself and 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. Engineer shall also save and hold Owners harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by Owners in litigation or otherwise defending claims or liabilities which may be imposed on Owners 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 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. Owners 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. 10 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to Owners in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSI.ON, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that 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 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, Owners reserve 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, 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 ($1,000.000.00) per occurrence from a company authorized to do insurance business in Texas and otherwise acceptable to Owners. Engineer shall also notify Owners, 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. Owners shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 11 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to Owners by certified mail to: City of Round Rock City Manager 221 East Main Street Round Rock, Texas 78664 City of Cedar Park City Manager 600 North Bell Blvd. Cedar Park, Texas 78613 City of Leander City Manager P.O. Box 319 Leander, Texas 78646 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Owners, to any such future coverage, or to Owners' 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 Owners. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS Owners 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 Owners. Engineer agrees that this Contract may be assigned by Owners to a Local Government Corporation or similar entity created by the Owners. 12 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 Owners and Engineer, shall be kept on a generally recognized accounting basis and shall be available to Owners or its authorized representatives at mutually convenient times. The Owners reserve the right to review all records they deem 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 of Round Rock: 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 13 City of Cedar Park: City of Cedar Park Attention: City Manager 600 North Bell Blvd. Cedar Park, TX 78613 and to: Leonard Smith City Attorney 1103 Cypress Creek Road, Ste. 102 Cedar Park, TX 78613 Leander: City of Leander Attention: City Manager P.O. Box 319 Leander, TX 78646 and to: Diana Granger Leander City Attorney 223 W. Anderson Lane, Suite A-105 Austin, TX 78752 Engineer: Carter & Burgess, Inc. Attention: John Lindner, P.E. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for its delays or for failures to use 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 Owners due to Engineer's negligent failure to perform, Owners may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of Owners' additional legal rights or remedies. 14 (2) Force Majeure. Neither Owners 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 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. (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 Owners to enter into this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their corporate name by their duly authorized representatives, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. 15 CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary CITY OF CEDAR PARK, TEXAS By: Robert S. Lemon, Mayor ATTEST: By: LeAnn Quinn, City Secretary CITY OF LEANDER, TEXAS By: John Cowman, Mayor ATTEST: By: Debbie Haile, City Secretary CARTER & BURGESS, INC. By: John Lindner, P.E., Managing Principal 16 APPROVED AS TO FORM: Stephan L. Sheets, City Attorney APPROVED AS TO FORM: Leonard Smith, City Attorney APPROVED AS TO FORM: Diana Granger, Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A Owners Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 17 The Owners will provide items/information/assistance: 2. 3. EXHIBIT A Owners Services to the Engineer under this agreement the following EXHIBIT B Engineering Services EXHIBIT C Regional Water System Project Schedule EXHIBIT D Work Schedule EXHIBIT E Fee Schedule EXHIBIT F Certificates of Insurance SEE ATTACHMENT f r � 't o wo w N fz r Cu R O � U \ w W ¢ ol c� 3 Lu Ip W `. �c- N• em0^ w Rd ( \ 5ti Rd i RE LU 0 f/J i i P- J LU d � W Z 0 = J w M: Z j F a Q _g: X33333 3w L p N c7 a Ln 3 N m Sol I I I I I I DATE: December 15, 2006 SUBJECT: City Council Meeting - December 21, 2006 ITEM: 9.F.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Carter & Burgess, Inc. regarding the Raw Water Barge and Pipeline for the Cedar Park/Round Rock/Leander Regional Water System Improvements. Department: Water and Wastewater Utilities Staff Person: Tom Word, Chief of Public Works Operations Justification: The Parties of the Regional Water Supply System have agreed to jointly pursue the Preliminary Design Services. These services will provide the basis for the final design and construction of the infrastructure required to implement the Regional Water Supply System for the Parties. All Preliminary Design Costs shall be shared by the Parties according to their ultimate capacity allocation percentage in the Regional Water System. These percentages are Round Rock, 38.56%; Cedar Park, 14.18%; and Leander, 47.26%. Funding• Cost: $468,932.79 Source of funds: Utility Self -Financed Construction - Water Outside Resources: Carter & Burgess, Inc. Background Information: This contract for Engineering Services for the Raw Water Barge and Pipeline are for preliminary design services, including the raw water floating intake barge, the ultimate deep -water intake structure and the associated raw water pipelines to deliver Lake Travis Water to the Regional Water Treatment Plant. The engineering fees will be paid on a percentage of the ultimate capacity needed by each Party. The total cost of this contract will be $1,216,112.00 with Round Rock's share being $468,932.79. The City of Round Rock's percentage is 38.56%, based on an ultimate capacity in the system of 40.8 mgd. Public Comment: N/A CONTRACT FOR ENGINEERING SERVICES FIRM: CARTER & BURGESS, INC.("Engineer") ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, Texas 78746 PROJECT: Raw Water Barge and Pipeline for the Cedar Park / Round Rock / Leander Regional Water System Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 21 st day of December, 2006 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 "Round Rock"), the CITY OF CEDAR PARK, a Texas home -rule municipal corporation, whose offices are located at 600 North Bell Blvd., Cedar Park, Texas 78613, (hereinafter referred to as "Cedar Park"), the CITY OF LEANDER, a Texas home -rule municipal corporation, whose offices are located at 200 W. Willis St., Leander, Texas 78641 (hereinafter referred to as "Leander"), (all collectively referred to hereinafter as "Owners") 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 of services of professional engineers; and and WHEREAS, Owners and Engineer desire to contract for such professional engineering services; WHEREAS, Owners 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. 04/06/05 File Name: Carter&Burgess/00108218 R-d6-12-),I-qrD, 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 OWNERS' SERVICES Owners shall perform or provide services as identified in Exhibit A entitled "Owners' Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services," and in accordance with the Regional Water System Project Schedule ("Project Schedule") as identified in Exhibit C. Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit D 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 Owners 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 unanimous approval of the Owners. 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 Owners shall have the right to terminate this Contract as set forth below in Article 20. So long as the Owners elect 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 Owners in writing as soon as possible if 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 in accordance with the Project Schedule and the Work Schedule. 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 2 consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by Owners to proceed as provided in Article 7. ARTICLE 4 COMPENSATION Owners shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. Owners and Engineer agree that the Engineer's compensation will be paid by Owners in the following percentages: Round Rock: 38.56% Leander 47.26% Cedar Park 14.18% The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Million, Two Hundred Sixteen, One Hundred Twelve and No/100 Dollars ($1,216,112.00) as shown in Exhibit E. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by Owners. Engineer shall prepare and submit to Owners monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of Owners for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to Owners, 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 two (2) copies of a certified invoice in a form acceptable to Owners, with the invoice cost allocated among the Owners in the percentages set forth in Article 4 above. This submittal shall also include a progress assessment report in a form acceptable to Owners. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit E. Progress payments shall be made by Owners based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, Owners shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. 3 Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to Owners, adequate and sufficient in its determination, that tasks were satisfactorily completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from 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 Owners receive 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 Owners 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 Owners 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 Owners in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. Owners 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 Owners have issued a written Notice to Proceed regarding such task. The Owners 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. .19 ARTICLE 8 PROJECT TEAM Owners' Designated Representatives for purposes of this Contract are as follows: CITY OF ROUND ROCK Jim Nuse 221 E. Main St. Round Rock, Texas 78664 Telephone Number: (512) 218-5401 Fax Number: (512) 218-7097 Email Address: jnuse@round-rock.tx.us CITY OF CEDAR PARK Brenda Eivens 600 North Bell Blvd. Cedar Park, Texas 78613 Telephone Number: (512) 401-5020 Fax Number: (512) 258-8602 Email Address: eivens@ci.cedar-park.tx.us CITY OF LEANDER Anthony `Riff' Johnson P.O. Box 319 Leander, Texas 78646 Telephone Number: (512) 528-2712 Fax Number: (512) 528-2831 Email Address: biff@ci.leander.tx.us Owners' Designated Representatives shall be authorized to act on Owners' behalf with respect to this Contract. Owners or Owners' Designated Representatives 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. Owners may designate in writing alternate Designated Representatives as they deem necessary or desirable. Engineer's Designated Representative for purposes of this Contract is as follows: Carter & Burgess, Inc. John Lindner, P.E. Managing Principal 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 Telephone Number: (512) 314-3100 Fax Number: (512) 314-3135 Email Address: John-Lindner@c-b.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with Owners at Owners' election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by Owners, in order for Owners to evaluate features of the Engineering Services. At the request of Owners or Engineer, conferences shall be provided at Engineer's office, the offices of Owners, or at other locations designated by Owners. When requested by Owners, such conferences shall also include evaluation of the Engineering Services. Should Owners determine that the progress in Engineering Services does not satisfy the Work Schedule, then Owners shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise Owners 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 Owners assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should Owners desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by Owners 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 all parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from Owners to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of all parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If Owners suspend 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. Owners assume no liability for Engineering Services performed or costs incurred prior to the date authorized by Owners for Engineer to begin Engineering Services, and/or during periods when Engineering Services are suspended, and/or subsequent to the contract completion date. 2 ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, it shall promptly notify Owners in writing. In the event Owners find that such work does constitute extra work and exceeds the maximum amount payable, Owners 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 all parties, of a written Supplemental Contract. Owners 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 Owners deem 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 Owners. 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 Owners. No additional compensation shall be due for such Engineering Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if Owners determine 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 Owners. 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 all parties that Engineer shall make no claim for extra work done or materials furnished until the Owners authorize full execution of the written Supplemental Contract and authorization to proceed. Owners reserve the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of Owners and shall be furnished to Owners upon request. All documents prepared by Engineer and all documents furnished to 7 Engineer by Owners shall be delivered to Owners upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished Owners under this Contract. 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 Owners, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by Owners. 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 Owners. Engineer may not change the Project Manager without prior written consent of Owners. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from Owners. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by Owners prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. ARTICLE 17 EVALUATION OF ENGINEERING SERVICES Owners, or any of their authorized representatives, 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 they are 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 Owners 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 written approval by Owners before any final report is issued. Owners' 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 all parties. (2) By Owners, 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 Owners, for reasons of their 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 Owners 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, Owners shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should Owners 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 Owners terminate this Contract for fault on the part of Engineer, then Owners 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 Owners, the cost to Owners 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 Owners 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 Owners 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 its contractual obligations, then Owners may take E over the Project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to Owners for any additional and reasonable costs incurred by Owners. 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 Owners with satisfactory proof of 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. Owners are 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 Owners and their officers and employees from all claims and liabilities due to activities of itself and 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. Engineer shall also save and hold Owners harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by Owners in litigation or otherwise defending claims or liabilities which may be imposed on Owners 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 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. Owners 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. 10 ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to Owners 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 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 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, Owners reserve 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, 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 ($1,000.000.00) per occurrence from a company authorized to do insurance business in Texas and otherwise acceptable to Owners. Engineer shall also notify Owners, 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. Owners shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 11 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to Owners by certified mail to: City of Round Rock City Manager 221 East Main Street Round Rock, Texas 78664 City of Cedar Park City Manager 600 North Bell Blvd. Cedar Park, Texas 78613 City of Leander City Manager P.O. Box 319 Leander, Texas 78646 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by Owners, to any such future coverage, or to Owners' 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 Owners. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS Owners 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 Owners. Engineer agrees that this Contract may be assigned by Owners to a Local Government Corporation or similar entity created by the Owners. 12 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 Owners and Engineer, shall be kept on a generally recognized accounting basis and shall be available to Owners or its authorized representatives at mutually convenient times. The Owners reserve the right to review all records they deem 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 of Round Rock: 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 13 City of Cedar Park: City of Cedar Park Attention: City Manager 600 North Bell Blvd. Cedar Park, TX 78613 and to: Leonard Smith City Attorney 1103 Cypress Creek Road, Ste. 102 Cedar Park, TX 78613 Leander: City of Leander Attention: City Manager P.O. Box 319 Leander, TX 78646 and to: Diana Granger Leander City Attorney 223 W. Anderson Lane, Suite A-105 Austin, TX 78752 Engineer: Carter & Burgess, Inc. Attention: John Lindner, P.E. 2705 Bee Cave Road, Suite 300 Austin, Texas 78746 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for its delays or for failures to use 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 Owners due to Engineer's negligent failure to perform, Owners may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of Owners' additional legal rights or remedies. 14 (2) Force Majeure. Neither Owners 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 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. (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 Owners to enter into this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed in their corporate name by their duly authorized representatives, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. 15 1W Q AVIV 1NyleM r .li ATTE T: By: Christine Martinez, City Secretary 10 APP O ED AS TO FORM: Steph L. Sheets, City Attorney CITY OF CEDAR PARK, TEXAS By: 1�v �n�w M &telk f. vcv"s, Ghl Moutosc ATTEST: By: � E' 6.2' , U'-._ LeAnn Quinn, City Secretary 17 Smi AS TO,fORM: CIT OF EANDER, T XAS APPROVED AS TO FO By: hn Cowman, Mayor Diana Granger, At rney ATTEST: 1 . By: Debbie Haile, City Secretary CARTER & BURGESS, INC. By: JofnfLindner, P.E., Managing Principal 19 LIST OF EXHIBITS ATTACHED (1) Exhibit A Owners Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 20 EXHIBIT A OWNER SERVICES CPLRR — RAW WATER INTAKE TRANSMISSION LINE PROJECT The following items shall be furnished by the OWNER to the ENGINEER. 1. Furnish any existing data, maps, reports, plans, etc. that may pertain to the project as requested by the ENGINEER. 2. Provide utility location services for all City owned utilities within the project boundaries as requested by the ENGINEER. 3. The Cities shall take the lead role in all environmental permitting efforts for this project. The ENGINEER and its subconsultant shall assist these efforts as directed by the Cities. This scope does not include effort for a Section 404 (Clean Water Act) Permit application or threatened and endangered species investigations. In the event this effort is warranted, we will request this as Additional Services. 4. Although OWNER reviews and comments may be generated by members of each city, the OWNER will make an effort to consolidate commits before presenting to the ENGINEER. 5. To meet the proposed schedules all OWNER reviews shall be timely. 6. The Cities will take the lead role in all Public Relations / Public Involvement efforts for this project. The ENGINEER shall assist these efforts as directed by the Cities. 12/19/2006 CEDAR PARK — LEANDER - ROUND ROCK — REGIONAL WATER SUPPLY PROJECT RAW WATER INTAKE AND TRANSMISSION LINE PROJECT TASK ORDER NO. 1 - SCOPE OF WORK December 8. 2006 SCOPE OF WORK The objective of this project is to provide a preliminary design report for the design of a new raw water pipeline and modifications to the existing Twin Creeks floating intake and. The raw water pipeline will be constructed from the Cedar Park Water Treatment Plant to the proposed treatment plant site located northwest of the intersection of FM 1431 and Lime Creek Road. The pipeline must be sized to facilitate an ultimate raw water flow to the proposed water treatment plant located in Leander. All recommendations and designs, implemented under this scope are to be evaluated in light of current information and regulatory requirements as well as regulations, both final and interim, which may be promulgated during the contract period. This could include regulations regarding Interim Disinfection By -Products and Interim Enhanced Surface Water Treatment Rules. I. TASK ORDER NO. I — PRELIMINARY DESIGN SERVICES A. PRELIMINARY DESIGN REPORT — FLOATING INTAKE AND PIPELINE SEGMENTS 1 - 4 — Twin Creeks Raw Water Floating Intake and Pipeline Segments 1 - 4. The engineer will evaluate the regional water supply project as developed in the HDR Preliminary Engineering Report and recommend an implementation plan for final design and construction of the raw water intake, transmission main and future deep water intake. The services to be provided include: 1. Attend bi-weekly meetings with Cities through March 2007. It is the intent of these meetings to (1) facilitate the progress of the preparation of any required permits through the exchange of information, (2) keep team members apprised of the project status, and (3) gather/disseminate information. Minutes of these meetings will be prepared and submitted to each of the participants for their review and comment within 10 days of each meeting. 2. Coordinate with environmental assessment team for raw water barge and pipeline Segments 1-4. Coordinate efforts include attending/participating in three (3) meetings. 3. Raw Water Pipeline Route Study: Perform a route study for raw water transmission main segments 1 — 4 to review alternative pipeline routes including the following: a. Conduct one (1) meeting with Cities to discuss changes that may have occurred since the PER was published. b. Develop preliminary alignment map from existing aerial photography to identify possible pipeline routes. EXHIBIT 12/19/2006 Page 1 E s CPLRR Raw Water Intake and Pipeline Scope of Work c. Conduct four (4) meetings with various regulatory agencies and asses how modifications to the route may impact the project schedule, constructability and cost. d. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations regarding alignment and construction alternatives for the new pipeline from intake point to the new treatment plant site. Up to three (3) alternatives will be reviewed including the existing pipeline route as identified in the PER. i. Identify and make preliminary recommendations on the methods of construction for proposed tunneling and boring operations along the proposed alignment. ii. Provide a recommendation of the proposed horizontal and vertical pipeline alignment based on a matrix evaluation of both economic and non -economic criteria. iii. Provide an opinion of probable cost for each alternative excluding probable land costs. Land values are to be furnished by the Cities ROW staff. iv. Evaluate easement requirements for construction, maintenance and access. e. If any recommendation requires new and/or additional easements, identify all parcels of land to be acquired for the recommended pipeline(s) alignment(s). f. Prepare route maps using existing USGS maps, GIS data and aerial photographs. g. Prepare a technical memorandum with findings and recommendations. Furnish fifteen (15) copies for review and comment. h. Incorporate comments and prepare twenty five (25) copies of the final technical memorandum. 4. Provide a comprehensive QA/QC process for Task Order I. QC reviews will be conducted prior to submitting plans for review. 5. Project Schedule: - Provide and maintain a project schedule in MS Project format. Update bi-weekly and submit with each monthly invoice. 6. Establish Design Criteria — Coordinate with Cities and the water treatment plant design team to determine the anticipated range of flows, hydraulic grade line requirements at the treatment plant, and acceptable flow velocities and pipe pressures. The design criteria will be summarized in a technical memorandum. 7. Hydraulic Analysis — Perform hydraulic analysis to determine pipe size and develop system head curves. Specific activities include: a. Hydraulic Modeling — Verify the existing HDR hydraulic model of the preferred raw water alternative alignment using WaterGEMS software. Include any modifications that differ from the original PER. The model will include both the Phase I (Twin Creek) and Phase II (Volente) raw water systems. Available mapping and topography along the proposed pipeline route will be used as background to develop the model alignment and key.nodal elevations. Prepare a hydraulic model for the system demand data and design flow rates developed previously. Update the preliminary steady-state hydraulic calculations for the raw water delivery system to determine the system curve and make preliminary selections for the raw water pumps for 12/19/2006 Page 2 CPLRR Raw Water Intake and Pipeline Scope of Work the floating intake. b. Verify Pipe Sizes and Develop System Head Curves — Use the raw water system model to verify the pipe sizes proposed in the PER meet the design criteria and develop the limiting system head curves for the floating barge raw water intake pumps throughout the range of flows and lake water surface elevations. This task will include three conditions: i. Condition 1 — The Twin Creek intake supplying all raw water to the first phase of the Regional Water Treatment Plant at maximum, normal pool, and minimum lake water surface elevations. ii. Condition 2 — The Volente intake supplying all raw water to the final phase of the Regional Water Treatment Plant, all raw water to the Cedar Park Water Treatment Plant, and all raw water to the LCRA Sandy Creek Water Treatment Plant at maximum, normal pool, and minimum lake water surface elevations. iii. Condition 3 — The Volente intake working in conjunction with the Cedar Park and Sandy Creek intakes (at maximum and normal pool surface elevations) supplying raw water to the final phase of the Regional Water Treatment Plant. 8. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations regarding pipeline material options. Evaluate pipe pressure class requirements. 9. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations regarding the "point of delivery" of the raw water to the proposed water plant. 10. Coordination with other public entities: Contact each agency to obtain current information on existing and proposed facilities that may be affected by the proposed alignments. Coordinate the proposed alignments with the appropriate public entities, including TOOT, and regulatory agencies. 11. Coordination with Utility Companies: Contact each utility company to obtain current information on existing and proposed facilities that may be affected by the proposed alignments. Coordinate the proposed alignments with the appropriate private utility companies and private entities. 12. Coordinate the electric power requirements for the upgrades to the Twin Creeks intake with Pedernales Electric Cooperative in an effort to determine PEC's requirements and potential schedule for upgrading their infrastructure to serve the project. 13. Raw Water Pipeline: Provide preliminary plans and guide specifications for the raw water pipeline design alternative selected. a. Develop schematic plan views of alignment. b. Prepare preliminary plan sheets (scale 1" =100') and critical profiles for selected alignment. Use City of Cedar Park GIS contour information and centerline of pipeline survey data. c. Prepare preliminary guide specifications. 12/19/2006 Page 3 CPLRR Raw Water Intake and Pipeline Scope of Work d. Prepare an opinion of probable construction cost. Revise the opinion of probable construction cost following reviews. e. Conduct one (1) review meeting with the Cities. f. Revise the preliminary drawings following reviews. 14. Floating Intake Modifications: Develop a conceptual plan for modification and expansion of the existing Twin Creeks intake barge located adjacent to the City of Cedar Park's water treatment plant. Tasks to be performed include the following: a. Review the intake barge manufacturer's original shop drawing submittals (and CAD files, if they can be obtained) and verify the design concept for expansion of the intake barge to support up to eight raw water pumps. Update the flotation calculations to verify the design concepts presented in the HDR Preliminary Engineering Report. b. Conduct a geotechnical investigation, including one (1) rock boring and laboratory analyses. Core samples will be reviewed by tunneling experts in order to provide recommendations for shaft and tunnel designs, dewatering, pipeline construction, trenching, and trench safety. c. Investigate the feasibility of installing the raw water pipeline(s) to the base of the submerged cliff by directional drilling and by underwater installation of an exposed, submerged pipe or pipes connecting to the hoses from the barge. Develop concepts for both approaches and recommend a preferred approach based on consideration of constructability, future maintenance, and cost. d. Develop concepts and make recommendations for future delivery of raw water from the deep water intake to the existing Cedar Park and LCRA Sandy Creek water treatment plants. This involves planning for the future interconnection to the raw water systems of the two plants. Review and develop two concepts for reducing the pressure of raw water to be delivered to the two plants: to install a pressure reducing valve with anti -cavitation trim or a turbine to recover the energy. Recommend a preferred concept for reducing the pressure. e. Address potential security issues by performing a preliminary vulnerability assessment of the proposed intake site and related facilities. f. Coordinate with electrical subconsultant to develop a recommended layout for an electrical building to serve the floating intake. The building is anticipated to be located within Cedar Park's plant site or on LCRA's adjacent site that powers the Sandy Creek intake. Coordinate with both entities to evaluate the feasibility of the locations and recommend one site. g. Prepare preliminary structural design for floating intake, supports, electrical building, miscellaneous structures and vaults. h. Architect to develop schematic layout for barge and electrical building. Develop preliminary HVAC requirements and fire suppression. Coordinate activities with structural, electrical, HVAC, and civil designers. L Prepare preliminary drawings for the recommended concepts. Drawings will include: i. A site plan. ii. A plan of the modified barge structure. iii. A profile view of the raw water pipeline(s) from the Cedar Park water treatment plant to the floating intake barge. iv. A plan of the electrical building. j. Submit preliminary plans for review and revise the drawings following 12/19/2006 Page 4 CPLRR Raw Water Intake and Pipeline Scope of Work reviews. k. Prepare an opinion of probable construction cost for the recommended barge expansion concept and revise following reviews by Cities. 15. Geotechnical Assessment: Provide a Preliminary Geologic Assessment of the preferred pipeline route. This is a "desktop" survey based on existing Soil Conservation Service maps, TxDOT data and previous geotechnical reports supplied by the LCRA. The report will characterize area soil conditions and make recommendations for the location and spacing of future design related soil borings and testing parameters. 16. Surveying and Mapping_ All land surveying services, including aerial mapping, will be performed in substantial accordance with standards and specifications for Surveying and Mapping as outlined SM1-SM6, pages 1-16 and attachments A,B,C, dated 10/26/04 obtained from LCRA Surveying and Mapping department staff, as pertains to route surveys for water services, unless otherwise directed. The Surveyor will assure compliance and adherence to all state standards and regulations set forth by the Texas Board of Professional Land Surveyors for the type work performed. The surveyor will provide the required design surveying, utility mapping, and aerial photogrammetric data for the raw water barge site, deep raw water barge site and approximately 8.5 miles of proposed raw water alignment. Surveying and mapping services shall include the including the following: a. Gathering property ownership, deed, plat, road right-of-way and utility information. (30 owners) b. Right of entry preparation — By Others. Not in Task Order 1. c. Establish horizontal and vertical control monumentation by GPS and conventional methods in accordance with SM4. (25 monuments) Control will be based on City of Cedar Park monumentation. d. Perform aerial mapping control and panel layouts as specified by mapping consultant along specified flight lines. (50 panels) e. Perform aerial mapping at standards to create one foot contours and show planimetric features in accordance with SM1/SM2 (200'wide- 600'photo) for pipeline Segments 1-4. Segment 5 will only include aerial photography since access may be limited. f. Perform supplemental ground surveys of critical design areas and areas obstructed by aerial view in general terms. This includes areas near the floating barge intake, deep water intake, and to the property line of the new WTP site. Not in Task Order 1— Level of effort to be determined upon completion of aerial survey. g. Locate utilities as marked by owner or one -call services and furnished on existing utility maps as provided by Cities. (Assumed 28 days of field/office) h. Locate, describe and tag trees 8 -inch or larger as required by local ordinance within construction zones. (300 ordinance trees) i. Perform lake bottom hydrographic/bathometric surveys and contour water areas of proposed deep water intake structure. j. Prepare metes and bounds descriptions with attached map of easements or takings in accordance with SM5, or as instructed. — to be included in design phase, not included in contract. k. Prepare overall right-of-way/easement strip map — to be included in 12/19/2006 Page 5 CPLRR Raw Water Intake and Pipeline Scope of Work design phase, not included in Task Order 1 L Survey locations of proposed bores — to be included in design phase, not included in Task Order 1. m. Survey locations of environmental/archeology features. (8 locations) 17. SCADA Coordination and Preliminary Design: Based on the Systems Integration Design Guide (SIDG) to be developed by CDM for the water treatment plant develop the preliminary SCADA requirements to interface the raw water pump station with the new regional SCADA system. a. Review of the proposed CDM I&C and SCADA standards. b. Provide recommendations for I&C and SCADA requirements for the raw water pump controls. c. Participate in one (1) meeting with Cities' operational personnel to review the various SCADA system requirements. d. Develop preliminary cost estimates for I&C and SCADA. e. Develop and submit preliminary I&C / SCADA plan. f. Meet with the design team (initially) and Cities to review the I&C / SCADA Report and incorporate comments in to the Preliminary Design Report. 18. Preliminary Design Report: Prepare a Preliminary Design Report summarizing the results and recommendations. At a minimum the report should address: a. Provide an executive summary of the conclusions and recommendations. b. Organize and include the information developed in the previous sections. c. Recommended design requirements for the raw water barge and transmission main d. Identify all environmental constraints and permitting requirements. e. Provide preliminary SCADA requirements f. Prepare preliminary opinion of probable cost for each of the preferred alignments. g. Prepare a schedule for final design and construction. The design process and construction phasing is to meet the 2009 water demands for the Customers. h. Prepare a draft Design Report including recommendations and furnish fifteen (15) copies for review and distribution. i. Hold two (2) meetings with the Cities to discuss review comments. j. Incorporate comments into final Design Report and prepare twenty five (25) copies of the final Preliminary Design Report. This will become the basis for the project design. B. PRELIMINARY DESIGN REPORT — DEEP WATER INTAKE AND PIPELINE SEGMENT 5. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations for the location of a deep water intake to be located in the Volente area of Lake Travis. Review the recommendations presented in the Preliminary Engineering Report, prepared by HDR Engineering (January 2006 / Draft No.2). 1. Coordinate with environmental assessment team for raw water barge and pipeline Segments 1-4. Coordinate efforts include attending/participating in three (3) meetings. 12/19/2006 Page 6 CPLRR Raw Water Intake and Pipeline Scope of Work 2. Intake Site and Route Study: Perform a route study to review alternative pipeline routes and construction methods and review possible deep water intake sites including the following: a. Conduct three (3) meetings with Cities to discuss changes that may have occurred since the PER was published. b. Develop preliminary alignment map from existing aerial photography to identify possible pipeline routes and intake sites. c. Conduct four (4) meetings with various regulatory agencies and assess how modifications to the route and intake site may impact the project schedule, constructability and cost. d. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations regarding alignment and construction alternatives for Segment 5 and the intake site. Up to four (4) alignment alternatives and three (3) intake alternatives will be reviewed including the existing pipeline route and intake site identified in the PER (including coordination with proposed City of Austin deep water intake). e. If any recommendation requires new and/or additional easements, identify all parcels of land to be acquired for the recommended pipeline(s) alignment(s). f. Prepare route maps using existing USGS maps, GIS data and aerial photographs. g. For the routes studied; i. Identify and make preliminary recommendations of the extent, locations, and methods of construction for proposed tunneling and boring operations at river, creek, paved roads, highways, habitat, and other areas along the proposed alignment that require boring or tunneling. ii. Provide a recommendation of the proposed horizontal and vertical pipeline alignment based on a matrix evaluation of both economic and non -economic criteria. iii. Provide an opinion of probable cost for each alternative excluding probable land costs. Land values are to be furnished by Cities ROW staff. iv. Evaluate easement requirements for construction, maintenance and access. h. Prepare a draft Route Study Report including recommendations and furnish fifteen (15) copies for review and comment. i. Hold three (3) meetings with Cities/stakeholders to review the alignment alternatives and develop a consensus on the best alternative. j. Prepare twenty five (25) copies of the final report presenting the preferred route alternative. This will become the basis for the project design. 3. Deep Water Intake Preliminary Design: Prepare preliminary engineering for the proposed deep water intake. a. Conduct three (3) meetings with Cities to discuss changes that may have occurred since previous study and project requirements. b. Conduct four (4) meetings with various regulatory agencies and assess how modifications to the proposed site and route may impact the project schedule and constructability. c. Develop up to three (3) alternative layouts for the station and verify site requirements and constructability. d. Develop system head curves for pumping from the deep water intake site to 12/19/2006 Page 7 CPLRR Raw Water Intake and Pipeline Scope of Work the Cedar Park WTP, Sandy Creek WTP, and new WTP sites. e. Examine the unique design challenges posed by vertical turbine pumps with long lineshafts. Consult with pump manufacturers in an effort to identify manufacturers of suitable pumps and special design features that may be recommended. Evaluate pumping unit alternatives for deep set vertical turbine pumps including variable speed drives. f. Develop two alternate concepts for the deep water intake. The first will be the concept presented in the PER with a pump station located adjacent to Lake Travis at Booth Circle. The second will include a gate shaft at this location with a pump station at another location to be determined following discussion with Cities. A tunnel would connect the gate shaft to the pump station. Recommend one option based on consideration of constructability, future maintenance, cost, and, in consultation with the environmental consultant, environmental concerns. g. Determine the electric power requirements of the proposed deep water intake Pedernales Electric Cooperative in an effort to determine Pedernales Electric Cooperative's requirements and potential schedule for upgrading their infrastructure to serve the project. h. Coordinate with electrical subconsultant to develop a conceptual layout for the electrical equipment to serve the raw water pump station. i. Prepare structural design for deepwater intake shaft(s), tunnels, pump building, and miscellaneous structures and vaults. j. Architect to develop schematic layout for pump station building. Develop preliminary HVAC requirements and fire suppression. Coordinate activities with structural, electrical, HVAC, and civil designers. k. Prepare an analysis of the alternatives based on capital and operating costs, ease of operation and maintenance, and other factors appropriate to the analysis. I. Preliminary plan views of the alternatives, and two sections per alternative. m. Conduct a geotechnical investigation, including three (3) deep rock borings and laboratory analyses. Core samples will be reviewed by tunneling experts in order to provide recommendations for shaft and tunnel designs, dewatering, pipeline construction, trenching, and trench safety. n. Address potential security issues by performing a preliminary vulnerability assessment of the proposed intake. o. Coordinate preliminary SCADA requirements for proposed deep water intake. i. Address instrumentation and monitoring requirements. ii. Address communications options including fiber optics, radio, etc. iii. Provide cost estimates. p. Evaluate intake structure construction alternatives. q. Prepare preliminary drawings for the recommended concepts. Drawings will include: i. Site plan(s). ii. Plan and cross-section views of the proposed pump station and, if recommended, gate shaft structure. iii. Revise the preliminary drawings following reviews by Cities. r. Prepare an opinion of probable construction cost for the recommended concept. Revise the opinion of probable construction cost following reviews by Cities. 12/19/2006 Page 8 CPLRR Raw Water Intake and Pipeline Scope of Work 4. Raw Water Pipeline Segment 5 - Preliminary Design: Prepare preliminary engineering for the proposed raw water pipeline. a. Conduct three (3) meetings with Cities to discuss changes that may have occurred since previous study and project requirements. b. Conduct four (4) meetings with various regulatory agencies and assess how modifications to the proposed may impact the project schedule and constructability. C. Coordination with other public entities: Contact each agency to obtain current information on existing and proposed facilities that may be affected by the proposed alignments. Coordinate the proposed alignments with the appropriate public entities and regulatory agencies. d. Coordination with Utility Companies and Private Entities: Contact each utility company and private entity to obtain current information on existing and proposed facilities that may be affected by the proposed alignments. Coordinate the proposed alignments with the appropriate private utility companies and private entities. e. Utilize information gathered for the Route Study to develop preliminary plan views of preferred pipeline alignment. f. Prepare a hydraulic model for the preferred alignment using system demand data and design flow rates furnished by Cities. Update the preliminary steady -sate hydraulic calculations for the raw water delivery system to determine the system curve and make preliminary selections for the raw water pumps for the floating and deep water intakes. g. Perform necessary engineering services to investigate, review, analyze, evaluate and make recommendations regarding the connection point to the other proposed Raw Water pipeline segments. h. Evaluate options and make recommendations regarding pipeline size, material options and pressure class. L Recommendation of the construction techniques to be used for the pipeline. j. Identify and make preliminary recommendations on the methods of construction for proposed tunneling and boring operations along the proposed alignment. k. Evaluation of proposed public and private utility crossings, and recommendation of required utility relocations, repairs, and replacements I. Acquire proper permits and/or Right of Entry and permission to operate equipment within public and private property along the proposed alignments. m. Raw Water Pipeline - Segment 5: Provide preliminary plans and guide specifications for the raw water pipeline design alternative selected. L Develop schematic level ground profiles of alignment. ii. Develop hydraulic profiles for alignment. iii. Prepare preliminary plan and profile sheets for alignment. iv. Prepare Preliminary cost estimate. 5. Preliminary Design Report: Prepare a Preliminary Design Report summarizing the results and recommendations. At a minimum the report should address: a. Provide an executive summary of the conclusions and recommendations. b. Organize and include the information developed in the previous sections. c. Recommended design requirements for the raw water barge and transmission main d. Identify all environmental constraints and permitting requirements. e. Provide preliminary SCADA requirements 12/19/2006 Page 9 CPLRR Raw Water Intake and Pipeline Scope of Work f. Prepare preliminary opinion of probable cost for each of the preferred alignments. g. Prepare a schedule for final design and construction. The final design and construction schedule is yet to be determined. h. Prepare a draft Design Report including recommendations and furnish fifteen (15) copies for review and distribution. i. Hold two (2) meetings with Cities to discuss review comments. j. Incorporate comments into final Design Report and prepare twenty five (25) copies of the final Preliminary Design Report. This will become the basis for the project design. C. PROJECT CADD STANDARDS Due to the magnitude and complexity of the Regional Water Supply Project, and the fact that the intake, treatment plant and transmission mains are to be designed by multiple engineering firms managing multiple construction contracts, it is imperative that guidelines and standards be established for computer aided design and drafting (CADD). Having one engineering firm coordinate and manage this effort will ensure uniformity, avoid any unnecessary gaps that might lead to costly change orders, create plans with the same "look and feel', and provide the Cities with consistent documents to manage in the field. This effort should include the following: 1. Facilitate a partnering meeting to establish a uniform set of CADD standards for the entire project. 2. Review existing CADD standards all ready in use by the Cities and various consultants. 3. Propose modifications and additional CADD standards as required to meet the diverse nature of this project. 4. It is anticipated that a committee consisting of the Cities and other prime firms would meet three (3) times in order to initiate the tasks, review proposals, and select final standards. 5. Participate in committees lead by other consultants on general technical specification requirements and material selections. This will included a maximum of four (4) separate meetings. 6. Coordinate development of technical specifications and material selections. D. ADDITIONAL SERVICES. Additional services are not included in Task Order No. 1. Consultant will not proceed with additional services unless authorized by the Cities. 1. Environmental Constraints and Permitting: It is assumed that the managers of the Balcones Canyonlands Conservation Program (BCCP) permitted area and other regulatory agencies, such as the City of Austin Watershed Protection and Development Review Department (WPDRD), Texas Historical Commission (THC), Texas Parks and Wildlife Department (TPWD), US Army Corps of Engineers(USACE) , and US Fish and Wildlife Service (USFWS), will consider the raw water intake, transmission main and future deep water intake as one project; therefore, the permitting should be a combined effort. The initial step will include information gathering, data collection, pedestrian surveys, and informal regulatory coordination to identify and map environmental constraints for the study area, to facilitate the selection of the preferred route, and to identify the specific permitting requirements for the preferred route. This review will examine the general area of the project and not each individual route. An environmental constraints map and ancillary report will be created for the raw water intake, raw 12/19/2006 Page 10 CPLRR Raw Water Intake and Pipeline Scope of Work water transmission main and future deep water intake by completing the following tasks: a. Gather information and collect data from appropriate agencies and regulatory databases to prepare an environmental constraints map and report for the project area that encompasses the proposed intake sites and pipeline routes including Segments 1 - 5. Information and data will include such items as aerial photographs, topographic maps (current and historical), soil maps, wetland maps, and regulatory databases (federal, state, and local). b. Perform a non -intrusive site reconnaissance of the project area to assess the potential for impacts to 1) Waters of the U.S., including special aquatic sites and wetlands; 2) habitat for rare, threatened and endangered species; 3) cultural resources; and 4) other critical or sensitive environmental features such as springs, bluffs, rimrock, sinkholes, and other karst features. c. Refine the environmental constraints map and ancillary report based upon any additional findings during the site reconnaissance. d. Identify conditions that may trigger the need for individual permits from USACE and USFWS. Assist in identifying alternatives to mitigate the requirement for individual permits. Identify applicable USACE nationwide permits. Identify applicable BCCP and/or USFWS permit requirements. e. Coordinate with appropriate regulatory agencies to verify assumptions and permitting requirements for each agency's respective jurisdiction. f. Conduct up to eight (8) project review and comment meetings with the Cities and identified agencies. g. Prepare conclusions in similar format so they can be added to the Raw Water and Deep Water Intake Preliminary Design Reports. 2. Supplemental Ground Survey. Perform supplemental ground surveys of critical design areas and areas obstructed by aerial view in general terms. This includes areas near the floating barge intake, deep water intake, and to the property line of the new WTP site. Level of effort to be determined following completion of aerial survey. 3. Geotechnical — Soil Borings for Segments 1-4. Perform soil borings to determine soil characteristics along segments 1 thru 4 of the raw water pipeline route. Borings will be taken at regular intervals along the proposed route, at key karst features and at proposed boring locations. Survey of boring locations will also be required. 4. Proiect Communication Plan. Provide support to stakeholder staff for Public Involvement and Communications for the Pipeline project, including: a. Develop and maintain a list of key project Cities, including elected officials, neighborhood associations, environmental groups, major landowners, businesses, and others in impacted areas with primary contact(s) addresses, and telephone fax/fax/email numbers. b. In cooperation with staff, produce a written document to guide stakeholder outreach. The plan will specify stakeholder involvement goals, project issues, involvement tactics, responsibilities, and timelines. c. Facilitate, attend, and/or assist Cities with public information and neighborhood meetings (up to 2) and briefings. Assist Cities with questions from concerned citizens, meeting follow-up, and presentation materials as 12/19/2006 Page 11 CPLRR Raw Water Intake and Pipeline Scope of Work requested. 5. Final Design Phase Services After acceptance by the Cities of the final revised Design Report and upon written authorization, plans and contract documents shall be completed in every respect and shall conform to the criteria applicable to stakeholder codes and ordinances, State and Federal Regulations. This effort will be more clearly defined in a future scope of work but may include: 1. Updated hydraulic model 2. Finalize header sizes and develop system head curves 3. Finalize selected raw water pumps 4. Surge analysis 5. Corrosion analysis 6. Metes and bounds descriptions with attached map of easements or takings in accordance with SM5, or as instructed. 7. Right-of-way/easement strip map. 8. Preparation of 30%, 60% 90" preliminary drawings and specifications. 9. Preparation of final plans and specifications 10. Preparation of structural, architectural, electrical, HVAC, and SCADA design 11. Prepare and submit engineer's opinion of probable construction cost 12. Prepare and furnish bidding documents 13. Submit plans and contract documents to TCEQ for review. 14. Bidding and contract award assistance. 6. Construction Phase Services This effort will be more clearly defined in a future Task Order. 7. Other Additional services not included in this Task Order include: a. Section 404 (Clean Water Act) Individual Permit application or threatened and endangered species investigations. b. Environmental and/ or archaeological permitting. c. Right of entry and easement acquisition F. PROJECT ASSUMPTIONS — The following assumptions and general understanding pertain to the provisions above and form the basis for this proposal: 1. Standard technical specifications for pipe, valves, etc. will be based on those already developed by LAN for Segments 2A and 2B unless pipe conditions dictate modifications. 2. The City's public relations staff will provide the majority of the effort required for the public relations/public input plan for this project. 3. Hard and electronic copies of previous studies, reports, surveys, easements, plans, and other related information that is pertinent to this project will be provided by the Cities. 4. Consolidated comments from the Cities will be provided for all deliverables. 5. Right -of -entry shall be obtained by the Cities as indicated in the attached project schedule. END OF SCOPE 12/19/2006 Page 12 EXHIBIT C Regional Water System Project Schedule I, I i o I z) 1� I I � I'I I � I=I I'I I I I dj I i lL m 1 NIIIIU � ►ci � n O IyI IZ I y I n IQ -I m d w "o w a h I� is Y I I a` o J9�a aCC 18i ► � iI I I cc ¢° �l ' '' j i 1 I � ► �� ► � .� fz'I( l c4 � � �D cc N N � � � m � iy O O m m a c�l e m a a 0 0 m V M N N •- N �V N N � Y < Y V V� � � O � lS l� f7 m QE1 T Q C O lh N .- N t7 m o 0S1 Q Q� 0 0 f� N N 0 iD 0 Q o 0 Cg`9(�f 0 0 0 H! 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Ci 130 !� M, N N N'; N N N Nj N N M N N N N M N N N NIN N NIM N N N N N N; m, f: m rli'�. •O •m O I '. YfI Oi' N m N.. •,'I N_': WN A 1m`IIN W I N 1 ~ m ^ m i ' ZI. mZ ' to 40NI 01m •Op'I lain I m INI N100i�n QI O y N O0�T Si I.X N ^N NAO �I m N N T'. O CIO N N NSI U O N O 'iO nlh NI r hih 1AIN m.Q tp NI n jm m 6 m �;'ry m N N N NIW : O v 1 F- a1 N m •I C O - I O O O O O O N t O O' OI O O Q ffl. � ' m _U I] ! -I - W 'N 0 NQ m SIN GAO mr, lA Q N' SIO N Qr mm QI Q, Q I I l I d � U, I iNI� N NIm NDN Q Q mm I m'�NQ NII �Qm ii III OQ�'�I �I OI i 1p ! h O C Naw Q N OIN NIS Q.fV'�IN I r N wNI:m �Iim �' m N'N:�b O Q m.. 1.1 N -I-i- �A N m I � I m ' �m mrN li '• m 1p I j I � o E a; .4 I N H U 41 N H mI 31 U m y c N 1 QV C N N C n ! n a t J C o, d IV m 1. E ON O o Q l v c CD o a N A c n Y IL W IL G N Y r y C NI Q N .Y_m�Cd�yeON I w £ I«�Cp'NoAnOm E l•'«�Nc i .W-L�y10 N " m I�EN� 3.Eu�N moO �ZJKKU3Q71 < a p LL Y ILOQoUQm�W ID l ID 'm4Nm o. ID m m lII ixnAcN m :4 N ID No U I�O�N c o m Ca- Ovr o o mE c m E N q _ CNQC N m !�aYiL;yN3Ni Q c C;jO c .2 4>1 > 1ormNm3 U I d y EZ 11 m N Z •Q (_YoEONO7/1 :.III Q� E 'a OS UJol CcEO c WCm I C 4.0 a m N 0.0 c mOO cNo3 O w EEO NQ� E0- 1Itu�-r�_lj i W a dEmo oN yCcNc Ccm�C Iri a'-mo� ySlom>0 ¢V� 75 a> o o N Q n N NN i lY0l > t0 c�N 0iONID O '-ON- I'-UyO-} 'fc-cN0 ¢2 E �No_ 0 ccq7 Y m �a..NyEoc_ENN D 9c9nNcNm > -mNN-0 2I NrN I Udd4 EZ O o :II. o :ll ', ___ W U ,! w a N U dW -- J �X w r I Q n pW E n : I I c"! R to tD f� —d.'nC�� II i I J a0 O � I I� N c7: m ¢ F Vito O r ¢ m —H aci O F QI F O F' rI '- Nov' ' L �W ¢ �Iw in¢ f 1 - I-- __ m 4 LJ wr a mol -1y Va �I�IW i � U U) U M,U. EXHIBIT F Certificates of Insurance SEE ATTACHMENT ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) PRODUCER 12/15/2006 Wm Rigg Co, Inc. - Ft. Worth THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 777 Main Street,8uite C -so ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Fort Worth TX 76102 EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC INSURED # Carter & Burgess, Inc. INSURERA: Hartford Casualty Ins Co. 29424 INSURERB: Senta Ina a Mutual Cc 24988 INSURERC: Great American Ins Co 16691 2705 Bee Cave Rd., Suite 300 Austin TX 76746INSURERD: Twin City Fire Insurance Co. 29459 INSURER E: COVERAGES 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 MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID INSR DD' CLAIMS. R INqRr TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY LIMITS EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 46UUNIY5540 7/1/2006 7/1/2007 DAMAGE TO RENTED CLAIMS MADE X OCCUR MI E Ea c n $ 300,000 MED EXP (Any one erson $ 10, 000 X Waiver Subrogation X Blanket Addl Insured PERSONAL&ADV INJURY $ 11000,000 GEML AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- OLICY X LOC 1 es Benefits 1,000,000 OBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ DNY AUTO 46UMlYS684 7/1/2006 7/1/2007 L OWNED AUTOS 1,000,000 HEDULED AUTOS BODILY INJURY $ (Per Person) RED AUTOS ON -OWNED AUTOS JANY BODILY INJURY $ (Per accident) anket Addl Insured iver Subro ition PROPERTY DAMAGE (Per accident) $ E LIABILITY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: /UMBRELLA LIABILITY qGG $ ACUR CLAIMS MADE 46XHUIY4149 EACH OCCURRENCE $ 51000,000 7/1/2006 7/1/2007 AGGREGATE $ 5,000,000 Company: C 7/1/2006 7/1/2007 Excess Umbrella $ 20,000,000 DEDUCTIBLE TUE3577773006 X RETENTION $ 10,000 8 WORKERS COMPENSATIO�A'N D 90-05811-04 EMPLOYERS'LIABILITYANY 7/1/2006 7/1/2007 X WCSTATU OTH- PROPRIETOR/PARTNEECUTIVE OFFICER/MEMBER EXCLUD E.L. EACH ACCIDENT $ 1,000,000 H es, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYE $ 1,000,000 OTHER E.L. DISEASE -POLICY LIMIT J.$ 11000,000 Bldg, BPP & Valuable Papers A Property,Special 46UUNIY5540 7/1/2006 7/1/2007 $51,395,600 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: CPLRR Raw Water Intake & Transmission Line Project, #050844.000 The City of Leander is named as Additional Insured on General Liability and Automobile Liability policies. Waiver of Subrogation in favor of certificate holder is applicable to Workers Compensation, General Liability and Automobile Liability as required by written contract. Coverages are primary to any insurance carried by certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Leander DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30DAYS WRITTEN City Manager P O Box 319 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Leander TX 78646 REPRESENTATIVES.i� AUTHORIZED REPRESENTATIVE c�����"`�'� == ACORD 25 (2001/08) © ACORD CORPORATION 1988 Page 1 of 6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) Page 2 of 6 ACORD n„ CERTIFICATE OF LIABILITY INSURANCE DAT�(MM/DDMYY) PRODUCER 106 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm Rigg Co, Inc. - Ft. Worth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street, Suite c-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort worth Tx 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURED INSURERS AFFORDING COVERAGE NAIC # Carter & Burgess, Inc. INSURER A: Hartford Casualty Ins Co. 29424 INSURERB: Sentry Ins a Mutual Co 24988 2705 Bee Cave Rd., Suite 300 INSURERC: Great American Ins Co 16691 Austin TX 78746 INSURERD: Twin City Fire Insurance Co. 29459 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF lNqIIRANrF POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY LIMITS A X COMMERCIAL GENERAL LIABILITY 46UUNIY5540 EACH OCCURRENCE $ 1,000,000 7/1/2006 7/1/2007 DAMAGET RRENTED CLAIMS MADE X OCCUR -PREMISES r $ 300,000 X Waiver Subration MED EXP (Any one person) $ 10,000 X Blanket Addl Insured PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 POLICY X PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY 1 ee Benefits 1,000,000 D X ANY AUTO 46UENIY5684 COMBINED SINGLE LIMIT 7/1/2006 7/1/2007 (Ea accident) $ ALL OWNED AUTOS 1, 000, 000 SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY $ (Per accident) X Blanket Addl Insured X Waiver Subrogation PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ EXCESS/UMBRELLA LIABILITY AUTO ONLY: AGG $ A X OCCUR CLAIMS MADE 46XHIIIY4149 EACH OCCURRENCE $ 5,000,000 7/1/2006 7/1/2007 AGGREGATE $ 5,000,000 Company: C DEDUCTIBLE 7/1/2006 7/1/2007 Excess Umbrella $ 20,000,000 TUE3577773006 X RETENTION $ .0, Ooo $ 8 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 90-05811-04 $ 7/1/2006 7/1/2007 g WCSTATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1,000,000 ff es, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYE $ 11000,000 OTHER E.L.DISEASE-POLICY LIMIT $ 1,000,000 Bldg, BPP & Valuable Papers A Property,Special 46UUNIYS540 7/1/2006 7/1/2007 $51,395,600 DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: CPLRR Raw Water Intake & Transmission Line Project, #050844.000 The City of Round Rock is named as Additional Insured on General Liability and Automobile Liability policies. Waiver of Subrogation in favor of certificate Compensation, General Liability and Automobile Liability holder is applicable to Workers as required by written contract. Coverages are primary to any insurance carried by certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Round Rock DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 Attn: Jim Nuse, City Manager DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO 221 East Main Street THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Round Rock TX 78664 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 Page 3 of 6 ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page 4 of 6 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) PRODUCER 12/15/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wm Rigg CO, Inc. - Ft. Worth ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street,Suite C-50 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Fort Worth Tx 76102 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (817) 820-8100 (817) 870-0310 INSURERS AFFORDING COVERAGE NAIC # INSURED Carter & Burgess, Inc. INSURERA Hartford CasualtyIns Co. 29424 INSURERS: Sent Ins a Mutual Co 24988 2705 Bee Cave Rd., Suite 300 INSURERC: Great American Ins Co 16691 Austin TX 78746 INSURERD: Twin Cit Fire Insurance Co. 29459 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR DD ILTR Ror TYPE OF INSLIRANrE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION GENERAL LIABILITY LIMITS A X COMMERCIAL GENERAL LIABILITY 46UUNIY5540 EACH OCCURRENCE $ 11000,000 7/1/2006 7/1/2007 DAMAGETO-RENTED CLAIMS MADE X OCCUR MI cur n $ 300,000 X Waiver Subrogation MED EXP An one person $ 10,000 X Blanket Addl insured PERSONAL d. ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYX PRO- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY 1 ee Benefits 1,000,000 D X ANY AUTO 46UENIY5684 BINED SINGLE LIMIT COMaccident) $ 7/1/2006 7/1/2007 (Ea ALL OWNED AUTOS 1,000,000 SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ X Blanket Addl Insured X Waiver Subroclation PROPERTY DAMAGE (Per (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ EXCESS/UMBRELLA LIABILITY AUTO ONLY: AGG $ A X OCCUR CLAIMS MADE 46XHUIY4149 EACH OCCURRENCE $ 51000,000 7/1/2006 7/1/2007 AGGREGATE $ 5,000,000 Company: C DEDUCTIBLE 7/1/2006 7/1/2007 Excess Umbrella $ 20,000,000 TUE3577773006 X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND 90-05811-04 EMPLOYERS' LIABILITY $ 7/1/2006 7/1/2007 X WCSTATU- OTH ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 11000,000 H yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYE $ 1,000,000 OTHER E.L. DISEASE -POLICY LIMIT $ 11000,000 LA Bldg, BPP & Valuable Papers Property,Special 46UUNIYS540 7/1/2006 7/1/2007 $51,395,600 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: CPLRR Raw Water Intake & Transmission The City of Cedar Park is named as Additional Line Project, #050844.000 Insured on General Liability and Automobile Liability Policies. Waiver of Subrogation in favor of certificate holder is applicable to Workers Compensation, General Liability and Automobile Liability as required by written contract. Coverages are primary to any insurance carried by certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cedar Park DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City Manager 600 North Bell Blvd NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Cedar Park TX 78613 REPRESENTATIVE S. AUTHORIZED REPRESENTATIVE c ACORD 25 (2001108) © ACORD CORPORATION 1988 Page 5 of 6 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Page 6 of 6