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Contract - CP&Y, Inc. - 11/12/2015 i 'ROUND ROCK,TEXAS PURPOSE.P.ISSIOK PROSPERrrY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: CP&Y,INC. ("Engineer") ADDRESS: 13809 Research Boulevard, Suite 300,Austin,TX 78750 PROJECT: Southeast GST Pump Improvements & S81 Elevated Tank Pump Station THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the --day of kllk� 2015 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev.04/13 0199.1552;00344059 00296523 kc D�p� 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of One Hundred Forty-Nine Thousand Eight Hundred Thirty-Three and No/100 Dollars, ($149,833.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Jeff Bell Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 218-7076 4 Fax Number(512) 218-5536 Email Address jbell@roundrocktexas.gov City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Jesse Penn, PE Project Manager 13809 Research Boulevard, Suite 300 Austin, TX 78750 Telephone Number(512) 241-2206 Fax Number(512) 349-0727 Email Address jpenn@cpyi.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perforin any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perfonn the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued.City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Jesse Penn, PE Project Manager 13809 Research Boulevard, Suite 300 Austin, TX 78750 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance.' The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF WUND ROCK, TEXAS 4Stepha D S O FORM: By: Alan cGraw, Mayor Sheets, City Attorney ATTEST: By: qmk'(A otyf Sara L. White, C' y Clerk CP&Y, C- B . i n to e f Princi Pri me: J.T Roo 14wt.T 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 EXHIBIT A City Services The City will furnish the following information to the Engineer and/or perform the following tasks: 1. Provide existing reports or data the City has on file concerning the project, if available. 2. Provide any available as-built plans for previous plant projects impacting the project. 3. Provide any available as-built plans for any water lines that are near to, tie into or might affect the design of the project. 4. Provide any available utility,parcel and/or topographic mapping information of the project area. 5. Assist the Engineer, as necessary, in obtaining any required data and information from the State, County,neighboring Cities and/or other franchise utility companies. 6. Assist the Engineer by requiring appropriate utility companies to expose underground utilities within the right-of-way,when required. 7. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any development that affects the scope of the Engineer's services. 8. Meet on an as needed basis to answer questions,provide guidance and offer comment. 9. Pay all fees associated with approvals and/or permits from entities when such approvals and/or permits are necessary as determined by the City. 10. Assist with property owner coordination for Right-of Entry. H. Secure easements (using documents prepared by Engineer) as required for construction of improvements described in Engineer's final design plans. 12. Obtain necessary permits, including TRDOT permits, as required for performing work and installing water lines in the state right-of-way. 13. Provide modeling information for hydraulic review through City staff and others. Exhibit A 10/11/2015 1 of I EXHIBIT B Engineering Services GENERAL The City of Round Rock has requested that CP&Y,Inc.provide Preliminary Engineering Services for two pump stations at separate sites in Round Rock,Texas.The two pump station improvement projects will be combined into a single set of construction documents in a future phase.The scope associated with each of the two pump stations is described below. The Southeast(SE)Ground Storage Tank(GST)Pump Station Improvements project will include Preliminary Engineering for improvements at an existing Pump Station facility.The improvements will include a new pre- fabricated building to house a new Motor Control Center(MCC).Location of the pre-fabricated building will account for flood plain limits.Considerations will be made for arc flash,power factor correction,grounding,and connection of existing ductbanks to the new and existing facilities. In addition,coordination will be required with the existing pump manufacturer regarding impeller,wear parts and motor replacement,as well as potential pump shaft modifications to accommodate the new motors. The Engineer will provide necessary preliminary engineering and technical services for Southeast GST Pump Station Improvements Project. The South 81 Elevated Storage Tank(EST)Pump Station Improvements project will include Preliminary Engineering for a new Pump Station.The new Pump Station will include a pre-fabricated building to house the two new pumps, electrical, instrumentation and controls. Location of the pre-fabricated building will account for flood plain limits. Considerations will be made for arc flash,power factor correction,grounding,and connection of existing ductbanks to the new and existing facilities.A power system study will be required for new three phase power service. Coordination with pump manufacturers will be required for pump selection.The pump station size shall be 7 MGD total including two pumps with variable frequency drives(VFD).The Engineer will provide necessary preliminary engineering and technical services for South 81 EST Pump Station Improvements Project. Existing information -based on previous reporting and input fi•om the City of Round Rock,the SE Pump Station has a 480 Volt disconnect switch outside the existing building, 480 Volt MCC with full voltage non-reversing starters, and a 480-120/240 Volt single phase transformer and panelboard. There is no generator on-site nor is one planned for the SE Pump Station project. TCEQ requirements will be reviewed regarding back up power. The SE Pump Station has functioning fans without mechanical cooling.No HVAC improvements are required in the existing pump station. The South 81 Pump Station modeling and pump sizing have been or will be provided by others. General information for both pump stations will be based on the current City of Round Rock Water Master Plan. The scope of work and engineering fee for the design phase,bid phase and construction phase for the improvements recommended in the Preliminary Engineering Report will be provided in the future upon written authorization. The scope of services for both pump stations is combined into the tasks that are fully described below. TASK I I. BASIC SERVICES A. PRELIMINARY ENGINEERING 1. DATA COLLECTION (a) Meet with City to discuss our understanding of the scope of the project. (b) Walk each site with each project discipline. (c) Collect available information from the City.Reference Exhibit A. (d) Review City Master Plan and Model information required for system hydraulics(provided by others). (e) Review record drawings for existing facilities,yard piping,and roadways. 10/11/2015 1 of 3 2. GENERAL IMPROVEMENTS (a) Evaluate replacement of all three 300-hp US Motors for existing vertical turbine pumps at SE Pump Station and evaluate air flow/cooling requirements of proposed pumps. (b) Evaluate pump modifications for potential new motors at SE Pump Station. (c) Evaluate existing pump operations with respect to pump/system curves provided by the City at SE Pump Station. (d) Coordinate pump evaluation by pump representative at SE Pump Station for pump improvements and motor coordination. (e) Recommend pump improvements such as impeller repairs,wear parts at SE Pump Station. (f) Evaluate new pumps for the South 81 Pump Station based on system curves provided including pump type(horizontal and vertical). (g) Evaluate hydraulic conditions and make recommendations for improvements at each site. (h) Evaluate new air conditioned pre-fabricated enclosure for new pump and/or electrical gear at each site including building dimensions and height. (i) Recommend construction sequence to maintain pump station/facility operations at each site. 0) Evaluate existing surge relief, isolation and control valves due to age at each site. (k) Evaluate suction header replacement for constructability at SE Pump Station. (1) Evaluate structural penetration of cables and conduits at SE Pump Station. (m)Evaluate a single ultrasonic flow meter for the pump station output at each site. (n) Evaluate demolition of abandoned chlorine storage structure at SE Pump Station. (o) Review site civil work at each site including proposed location of the pre-fabricated building(east of the SE pump station building),yard piping,driveways and routing of electrical ductbanks to tie into existing facilities. (p) Review potential flood plain issues for pump stations. Perform a cursory review of current and past flood plain impacts due to construction of existing facilities and recommend additional actions as needed at each site. 3. ELECTRICAL,INSTRUMENTATION AND CONTROLS (a) Evaluate electrical,instrumentation and control requirements for the proposed improvements, including a new MCC to be housed in the new pre-fabricated building at each site. (b) Determine how to connect to the existing conduits embedded in the pump station floor at SE Pump Station and provide considerations for demolition of existing MCC. (c) Prepare preliminary arc flash calculations to determine the best arc flash hazard reduction method at each site. (d) Evaluate power factor correction for the existing facility(none at existing facilities)at each site. (e) Verify the adequacy of the existing grounding system and provide recommendations for improvements at SE Pump Station. (f) Prepare short circuit analysis to determine interruption rating and coordinate with Power Company at each site. (g) Evaluate new entrance rated power service to new enclosure and relocate service cables at each site. South 81 Pump Station currently has single phase power. (h) Provide for new solid state reduced voltage starters at SE Pump Station. (i) Provide for VFDs at the South 81 Pump Station with bypass VFD capability. 0) Coordinate with electrical service provider for service modifications at South 81 site. (k) Evaluate modification of controls to interface with existing RTU at each site. (1) Coordinate improvements with existing SCADA project at each site(path study not included). (m)Plan for a portable generator for the South 81 pump station site. 4. REPORT PREPARATION (a) Prepare project schedule and investigate lead times. (b) Prepare one Draft Preliminary Engineering Report(PER)summarizing the findings of both pump stations. 10/11/2015 2 of 3 (c) Prepare figures associated with improvements and include with PER. (d) Perform internal QA/QC prior to Draft PER submittal. (e) Develop Engineer's opinion of probable construction cost. (f) Submit four(4)copies and one(1)electronic copy of Draft PER for the City's review and comments. (g) Provide a written response to the City's comments and incorporate comments into final PER. (h) Submit four(4)copies and one(1)electronic copy of Final PER to the City. 5. PROJECT MANAGEMENT SERVICES (a) The Engineer will manage professional services to complete the project's Preliminary Engineering phase,including progress reports,milestones and invoicing. (b) Attend,conduct and document five project meetings.Prepare meeting minutes including action items to help maintain project schedule. (c) The Engineer will coordinate efforts by others, including SCADA improvements and modeling services. II. SPECIAL SERVICES A. SURVEY SERVICES 1. Alternatives will be evaluated as part of the Preliminary Engineering Phase.Once a final recommendation has been made and approved by the City of Round Rock,additional survey services may be required for use in the Design Phase. B. GEOTECHNICAL SERVICES 1. Alternatives will be evaluated as part of the Preliminary Engineering Phase.Once a final recommendation has been made and approved by the City of Round Rock,geotechnical services may be required for use in the Design Phase. C. ENVIRONMENTAL SERVICES 1. Alternatives will be evaluated as part of the Preliminary Engineering Phase.Once a final recommendation has been made and approved by the City of Round Rock,environmental services may be required for use in the Design Phase. D. PUMP INSPECTION 1. The pump representative will inspect each pump just prior to removal,inspect the rotating element at removal,and inspect element teardown/clean-up.A report of inspection results with color photographs, measurements,clearances and condition will be provided,along with conclusions and recommendations going forward. III. SCHEDULE Engineer will submit Draft PER four months after receiving Notice-to-Proceed fi•om the City and will submit Final Engineering Report two weeks after receiving comments on PER from the City. 10/11/2015 3 of 3 EXHIBIT C Work Schedule Task Duration(Days) Completion Date Notice to Proceed N/A Nov 1, 2015 Draft PER 120 Feb 29.2016 City Review of PER 21 Mar 21, 2016 Final PER 14 Apr 4, 2016 Exhibit C 10/11/2015 1 of I EXHIBIT D Fee Schedule Attached Behind This Page Exhibit D Southeast GST and South 81 EST Pump Station Improvements Project City of Round Rock Task Description Total Labor Hours Total Loaded Labor Cost 1.BASIC SERVICES; A.PRELIMINARY ENGINEERING 805 S 97.927.00 B.DESIGN AND BID DOCUMENT PREPARATION 0 $ C.BID PHASE SERVICES 0 S D.CONSTRUCTION PHASE SERVICES 0 g E.PROJECT MANAGEMENT 91 S 11.490.00 F.EXPENSES S 702.00 SUB-TOTAL BASIC ENGINEERING SERVICES 896 S 110.119.00 It.SPECIAL SERVICES A. LKC-ES SUBCONSULTANT(ELECTRICAL) 248 S 31.714.00 S. PUMP INSPECTION S 8.000.00 SUB-TOTAL SPECIAL SERVICES 248 5 39.714.00 TOTAL BASIC&SPECIAL SERVICES&EXPENSES 1144 S 145.833.00 111.ADDITIONAL SERVICES SUB-TOTAL ADDITIONAL SERVICES GRAND TOTAL(BASIC,SPECIAL&ADDITIONAL SERVICES, EXPENSES) 1144, S 149,333.00 4.0 EXHIBIT D Southeast and South 81 Pump Stations Page 1 of 4 Exhibit D Southeast GST and South 81 EST Pump Station Improvements Project (:iter of Round Rock Fee SchodulelBud et for CP&Y Inc. Task Description role•cl f•,oj.:cl Server 5, D--, Pro;­1 CnirD LIT r,I;;,,;,; Total Labor Total Direct Labor .n,cgvi f.".�n.ul:•r Enry:near Gnrl,nncr ty,nn¢er Op,ro iur :-Icii:..I Hours Costs j15500 31 A500 517000 sl-,- 0 8J000 �Lu JO 75.00 TASK I-SOUTHEAST GST&SOUTH 81 EST PUMP STATION IMPROVEMENTS I.BASK SERVICES _..... A.PRELIMINARY ENGIN --rNO.. .. .......................................... .. ..... .... ... .. ..._. ... ...... .. ..... ............................. I. Data Collection_.. _. ..... .... ...... .._ _ ....._...... ...... _a Maef vnlh Cdy to discuss our underslentlmg of the scope of the.protect.._ .. - _.t' - - - - - ..•................ __b Walk each sde wdh each pro7acl discipline. .... .... b ... _.... .... _ ....... ..... .............. ... ........ _.,,.c Collect ayallaWe mlom>etion from the Cliy, Reference ExhlbiiA "-�-- - ----�0 •• •• �-� -� -� ....... Reylew Cdy Master Plannerand Modelerinfonnationreguirpdforaystemh-draulids. -"" ""8 "-.' ... ."" - ....._16 - •••-•-• ....... .. .... e Review rewNdrawfn s,for ealstln IeUFtles, ptd in entl roedwa c, - -` .....- - -. ... 15 5•• �•7 027.00 ...24................�...... .._.....➢ .9. Y ..WP 9,........ ....._.. .. • ••J,;0660, _...._...._.................... ........ .. ... ............................. - ..".......... .. ,_,._.-.••-•,,,,,78 S 3:0411;0-D . .. 2. �Generel.lmprovemenfs�� � ..........._... .... ........................ .......................................................................................... a Evaluate replacement of all three 300 hp 115 Molorel SE Pump Station.- - "' """" ""j�""' - .....-..--- ... -- b Evaluate pump modifications for potential new motors at SE Pump Station. 4 >2 IG 40 S••• 4,832.00 c Evaluate pump operationp Wth respect to pump curve at SE Pump Station. ' - -- -- "' � :o. ........ - _.._ ...-. 24;.5.,.-,_,...3�200.0t7 ........ ..... _.. to _._.. 2a;5 3,916017•. d Coordinate u - --- - - .. Pump evaluation by pump rop.pt SE Pump.Slation. - -.-._ e Eveluale new pumps for the South 81 Pump Station " - - ••••- - _l7 -- --- -- - f�. -- -.. .... ..8.5,,....,.. 2,652 00 .. .... _...... _ 1f, to ..__ .... 32 S 13.44.00 1 Evalueteh draulio conditions for � � "����- � � -- �� - Y ...improvements al each Bile. - - .. .......... p Recommend pump Improvements such as wearpens of SE Pump Station. -. - --- - -- - H 5 981 00 It Evaluate environmentally controlled enclosure for electrical pearal each site. - "- -- - """Q" - - - t _.._... A 4 ._ .._.. .. I Recommend construction sequence for fadlity operetons at each site. ' - - - '"" -- - - .. ._. 8 1 2 Z ... .. ... .Io S. Akio..1!752.00. to ... .. .. ....._.�. 5 12:.ae...._ 166400 _J Evaluate existing surge relkf,isolation,control valves due Io age at each site. ___ Z .-.._. G It Evaluate manikid lo.allow-quick conlrot valve switch If needed at SE PS. - � � �- - 2,00 .. .. -....... .3. a _ 1. Evaluate structural penetration of Gabbs and oonduils at SE Pump Station.. --""" "" -"" "" "" -- - --- ........... - _ "-.- a A ..... m Eveluetepmgle.11ltrasonw flow meter for Ihe.Pump Station output at each site - - - - - .z - - ..... ..........__............. _. _. .... A n Evaluate demolition of abandoned ehbrine storage structure at SE PS. - , - n ` -"- - - - -- .. __..... ..._.. B _..._ ....... o_. .Review alta ervl work:bmldmgs.and fouling o(eledncal at each site, - - .8.- - ---- --- - - —.__ _ p Revfewpotential flood plain Issues for Pump Stations. ......_ ... ........... ... ........ ._...... ._........ _ __............_.. 8. ...... -...... _. _. .� -_... ..............2.D720_D _ IG 5 t0 3 _ .. II 9 ..3...Electdtal,Inalrumeelallon end Controls .-...._. ...... .............. ..__�...._.._.._.................... � ............ ...-'--A-•-- Ic S 2 344�0D a .Evaluate EI&C,including a new MCC at each site. ... _. b Connect to conduits embedded in the pump station floor a(SE Pump Station. -- "- -- - - - - - - • c Prepare are flash calculations at each site. ...... ... .._ ...._._ _.. .... ... - - - ................:.... d Evaluate,power factor correction at each silo, - - - - - -' - -- - - - S. e Verily f he adequacy of the existing grounding system at SE Pump Station. --- "' "-- -- - - ' 1 Prepare short circuit analysis at tach site. - - -'- -- "` --- - - .g Eyaluele new power service to each site. -- - ......... ........ ...... ...... h Evaluate new solid state reduced voltage starters al SE Pump.Station. - -- -- ""'"' - - - i Evaluate VFDs at the South 81 Pump Station. "' --'` -- - --- - •- ...................- - ....__ ..._ .......... Ceefdlnate with electrical service provxfar for service modllkslwns al South 81 - """"" J. _. ...... _... c _....k. Eveluale modifcalwn of oonlrolsloinfertace vnlh exisjing RT U,al each site. ""'_""""" - - - --- - •••••• 20 DO _..1.. .CcoNtnale l.. ... .. .. _ _..... _.._.... ................. ... _._. ... ........ ....... ...... 5.5...........4250.00• mprovemants with exiatinq SCADA,proiect at each mte. .............. ................... § S 4.250.00 4 Re on Pre eretion �. ........ ............. . ............................................. :...P re. .. ..- ... .. _._ _-..,..._. .q Prepere_protecl schedule and atveshgale lapd limes � - ............... -�----.•• ....... .... b Pro arc Prehrdna En Ineenn Re orf PER summanxin the findld s.- - " """ """...""""`...... -- -" -.-•. ..P..._. ry_.9 .....9..P. .S ..J. 9... 9 24 ..s. .. ... ........... ..?�..5............192600 ....c Pro era fi ores asaocieted with i _ ..... .............................20 ...._ _..._........... 40 ......... ....8....... 6 082 00' P 9 Improvements and include with PER 20 -oa - - 40 140 5_...•..•.•13,10000• d Perform internal QA/QC prior to PER submittal. e Develop Engineer's opinion of probable cost. - --- -- -- --- - - - ._. _.. .--, 2 5 .._4;16000, f Submit admit copy of PER for the City's review and comments. ................ ""'-""'4..................' -- —-6. -- - - 16 _ g Provide a writlen response to the City's comments,incorporate into PER. - - "."••"•'---""""'-"' - -•-_& - .. a l 1G 2 988 00 ...................... f __.. tr. 1-. 30 S .........ZT?S OD It Submit Final PER to the City. .. ....... .._ _-.... .._ ... .._ ..:::.............. ...... _,... _ 4 t..- I0. .......... A99 no 4.0 EXHIBIT D Southeast and South 81 Pump Stations Page 2 of 4 Exhibit D Southeast GST anti South 81 EST Pump Station Improvements Project City of Round Rock Fee Schedule/Budget for CP&Y,Inc. Task Description Project Protect Senior Project CADD �ulnnn Total Total Direct Principal Manager Ennmeer En inccr Onr.,tor E'I'r' Labor 0 1' c'cr,.0 Hours Labor Costs :2:10.00 5155.00 5185.00 5123.00 59000 $86.00 575.00 I.BASIC SERVICES El P F&T MANA G EMEN T 1 Project Management a Professional Services:updates,Invoices,milestones, 10 2 b Project meetings(5) 2.670.00 10 2 10 15 37 0 �� S •1.440.00 c Coordination with others:SCADA and modeling 10 2 20 32 5 4.W.00 _ _ S 91 S 11,490.00 4.0 EXHIBIT D Southeast and South 81 Pump Stations Page 3 of 4 Exhibit D Southeast GST and South 81 EST Pump Station improvements Project City of Round Rock Expense Item Unit Cost Amount Total Cost CADD Plotting S 1.50 S Mylar Plots S 6.00 S Digital Ortho Plotting_ S 2.00 S 11"X 17"Mylar _ S 1.00 S 8 1/2"X 11"B/W Paper Copies S 0.10 —— 11"X 17"B/W Paper Copies S 0.15 40 S 6.00 8 1/2"X 11"Color Paper Copies S 1.00 600 S 600.00 11"X 17"Color Paper Copies S 1.80 5 Fax Copies S 0.10 S Film and Development S 8.00 S 4 X 6 Digital Color Prints S 0.50 S Oversized Digital Color Prints S 50.00 5 Standard Postage S 0.44 S __Express Mail(Standards S 1_5.00 --_2 S 30 00 Express Mail Oversized S 30.00 5 Deliveries S 25.00 S Airfare S 200.00 S Rental Car S 80.00 S Lodging $ 85.00 Meals S 36.00 S _ Mileage $ 0.550 120 S 66.00 GPS Rental S 100.000 S Cultural Resources Archival Research S 500.000 0 S HazMat Database Search S 200.000 S Miscellaneous Project Related Expenses at cost NA $ SUBTOTAL DIRECT EXPENSES 702.00 4.0 EXHIBIT D Southeast and South 81 Pump Stations Page 4 of 4 Fee Development Round Rock Pump Station PER Prepaired for CP&Y Version 1 Task Total Basic Preliminary Design Services $31,714.00 Not Used $0.00 Not Used $0.00 Not Used $0.00 Total Basic Services $31,714.00 Round Rock Pump Station PER Fee Development Prepared for CP&Y t '" `�; - Version 1 .,L�,C., E. LKC TEC -jH-T PK TECH Admin Expenses $175.00 1 $165.00 $105.00 1 $105.00 $90.00 $65.00 Mileage(.575) Meals Hotel Air Reproductions Task Total Weekly Conference Call(3 months) 6 0 Monthly Project Management/Contracting 3 $990.00 Southeast GST Pump Station D $525.00 Site Visit 0 9 90 0 $0.00 0 $253.00 $40.00 $2,723.00 Review of Existing Plans and Report 0 4 0 0 0 0 Develop Preliminary One Diagram $660.00 1 6 4 Coordination with Utility Company for Service $1,155.00 Modifications and X/R ratio for arc flash model 0 12 0 0 0 Develop preliminary arc flash model 8 16 $375.001$375.00 Develop OPCC 0 4 12 0 $3,260.00 0 2 Preliminary Electrical Room layout 0 q q 0 4 1 $2,050.00 Provide writeup for PER q 8 $1,505.00 South 81 EST Pump Station 8 0 2 2 $3,170,00 Site Visit Included with SE GST Pump Station p 0 0 0 $0.00 0 0 Develop Preliminary One-line Diagram 1 6 q $0.00 Coordination with Utility Company for Service $1,155.00 Modifications and X/R ratio for arc flash model 1 2 Develop prellmInaa arc Rash model 8 12 $375.00 Develop OPCC 2 4 12 2 $2,050.00 $2,710.00 Preliminary Electrical Room layout 4 4 4 Provide writeup for PER 4 4 8 2 2 $1,440.00 $2,510.00 Kickoff meeting with the City 8 $0,00 1 0 Meet with Roundrock to Review PER 8 $253.0 $25.00 $1,663.001 $253.00 Incorporate City Comments to PER 2 8 $1,638.00 4 2 $1,660.00 $0.00 $0.00 $0.00 so.00 $0.00 $0.00 $0.00 $0.00 Reproductions and Printing $0.00 $100.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Basic Services 31 85 109 01 24i 19 $759.00 $65.00 $0.00 $0.00 oinn nni $31,714.00 EXHIBIT E Certificates of Insurance Attached Behind This Page AC" CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDD,YYYY) 9/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT McLaughlin Brunson Insurance Agency, LLP NAME: Joe A Bryant 12801 North Central Expressway PHONE C No Ext: (214) 503-1212 ac No):(214) 503-8899 Suite 1710 E-MAIL Dallas TX 75243 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:XL Specialty Insurance Company 37885 INSURED CP&Y, Inc. INSURER B:Travelers Prop Casualty Cc of Am 25674 INSURER C:Travelers Indemnity Company 25658 1820 Regal Row INSURER D:Charter Oak Fire Insurance Co. 25615 Ste 200 Dallas TX 75235 INSURER E:Hartford Underwriters Ins. Co- 30104 INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 28476 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER I MM/DD/YY MWDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE RENTED B 4XI'ontractual OMMERCIAL GENERAL LIABILITY Y Y PACP1951L895 1/1/2015 1/1/2016 PREMISES Ea occurrence 5 1,000,000 CLAIMS-MADE ❑X OCCUR Valuable Papers MED EXP(Any one person) S 10,000 Liab $2,245,000 PERSONAL&ADV INJURY S 1,000,000 X Severability of Int. GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY 7X ECT O- J El LOC 5 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accdent) 5 1,000,000 D X ANY AUTO Y Y BA3865M855 1/1/2015 1/1/2016 BODILY INJURY(Per person) S ALL OWNEDSCHEDULED BODILY INJURY Per accident S AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S S C X UMBRELLA LIAB X OCCUR Y Y CUP2D349003 1/1/2015 1/1/2016 EACH OCCURRENCE S 101000,000 EXCESS LIAB CLAlIdS-MADE AGGREGATE 5 10,000,000 DED I I RETENTIONS Iq WORKERS COMPENSATIONWC STATU- OTH- E AND EMPLOYERS'LIABILITY Y/N Y 46WEAL0593 1/1/2015 1/1/2016 X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N N/A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEd 5 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 JA Professional LiabilityY DPR9722698 4/1/2015 4/1/2016 Per Claim/ $ 5,000,000 Annual Aggregate $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of the certificate holder on all policies.The City of Round Rock is named as additional insured with respect to all policies except Workers Compensation/Employers' Liability and Professional Liability policies as required by contract. RE: Southeast and South 81 Pump Station Improvements - CP&Y Project No.: RNDR14466.00 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 221 E. Main St. AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1