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Contract - K. Friese & Associates - 8/11/2022 JROUNOROC K TEXAS CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: K. FRIESE & ASSOCIATES,INC. ("Engineer") ADDRESS: 1120 S. Capital of Texas Hiehway, CityView 2, Suite 100, Austin, TX 78746 PROJECT: BCRWWS Wastewater Master Plan THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 4day of , 2022 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Time and Materials Engineering Services Contract Rev. 02122 0199.202232;4875-5107-0759 00296523 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 Four Hundred Ninety-Seven Thousand Nine Hundred Eighty-Nine and 37/100 Dollars, ($497,989.37). 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: David Freireich,PE Project Manager 3400 Sunrise Road Round Rock,TX 78665 Telephone Number(512) 563-1121 4 Fax Number N/A Email Address dfreireich(a,roundrocktexas.gov City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Greg Blackburn,PE Project Manager 1120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin, TX 78746 Telephone Number(512) 923-2555 Fax Number(512) 338-1784 Email Address ablackburnaUriese.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty(30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims, damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty(30)days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the reasonable and necessary cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable state, federal 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) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made for ordinary business purposes. (3) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates 10 against a firearm entity or firearm trade association; and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. The signatory executing this Contract on behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and it will not discriminate during the term of this Contract against any firearm entity or firearm trade association. (4) In accordance with 2274, Texas Government Code, a governmental entity may not enter into a contract with a company with at least ten (10) full-time employees for a value of at least One Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Contract. The signatory executing this Contract on behalf of Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy companies during the term of this Contract. (5) 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 City harmless from all liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent, or another entity over which Engineer exercises control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City to the extent resulting from such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the fall 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 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. 12 (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled"Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 13 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 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Greg Blackburn,PE Project Manager 1120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin, TX 78746 14 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Services shall be performed expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. Any determination to withhold or set off shall be made in good faith and with written notice to Engineer provided, however, Engineer shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably acceptable to City. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or 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 contractbr(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. 15 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 fall performance of the terms and provisions hereof. [signature page follows] 16 K. FRIESE&ASSOCIATES, INC. By: :�� //(/(, (� Signature of Principal Printed Name: 'MoOA s We 17 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: , Craig Morga May Sheets, City Attorney ATTEST: B : Meagan Sp , City C erk 18 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 19 K. Friese&Assoc.—Wastewater Master Plan Exhibit A City Services The City ofRound Rock will furnish tothe Engineer the following items/information: • Attend kickoff meeting and progress meetings asneeded with K.Friese. • Designate a person to act as City's representative with respect tothe services tobeperformed mrfurnished bvthe Engineer. This representation will have authority totransmit instructions, receive information, interpret and define City's policies and decisions with respect to engineering services. • Provide all criteria and full information astoCity's requirements for the project, induding objectives and constraints and furnish copies of all standards which City will require to be included inthe project. * Assist Engineer by placing all available information pertinent to the Project,including previous reports and any other data relative tothe Project a1theENG|NEER,sdisposa|. • Provide the City's latest aerial photograph mfthe city for K. Friese&Associates, Inc.touse in creation of framed wall map titled "Wastewater System Master Plan." m Review and comment onthe draft Report. BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES Engineering Services tobeprovided: Background The purpose of this scope of services is to prepare the update to the Brushy Creek Regional Wastewater System (BCRVVWS)Wastewater Master Plan (VVVV&8P). Task 1—Project Management and Coordination • Attend a project kickoff coordination meeting with BCRWWS staff and subconsultants. • Provide aproject schedu|eout|iningnn 'ortashdatesanddurations,deUverab|e4andreviexv. * Perform general project management activities including invoicing,correspondence,filing, quality assurance and quality control. • Conduct internal team coordination meetings Assumptions: • Meetings and workshops tobeheld atthe City ofRound Rock(CORN)offices. • Avirtual option will beincluded for each meeting and workshop. • Kickoff meeting will include HCRVVVVSoperations staff. Discuss system operations and any known problem areas with operations staff atthe kickoff meeting. MeetingslWorkshops: One kickoff meeting to discuss communications,schedule,system design criteria and P.oint-of-Entry flows to be provided by the Owner including planning horizon and flow development criteria. Deliverable: Kickoff meeting notes,and project schedu|einPDFfornmat. Task 2—Data Collection and Review Provide a list of data needs to include, but not necessarily be limited to,the types of data listed below. Review the data provided. w BCRWVVSContracts and Agreements • GIS data for collection facilities in the BCRWWS service area, including: o Pipelines that connect directly to the BCRWWS Interceptors,with upstream manhole IDs, downstream manhole IDs,length, material,diameter and slope o Manholes with rim and invert elevations(in and out) o Lift station locations and names o Force mains with upstream lift station names,downstream manhole IDs, length, material,and diameter o Data for future collection facilities • Additional GIS data,including: o EwisLinQ8[RWVVS service area o Future 8CR\0\NSservice area o Current land use and/or zoning • Anticipated land use and/or zoning o Lot lines o City limits BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES o Extraterritorial jurisdiction/ET]\boundary o Certificate ufconvenience and necessity(DCN) boundary o Contour elevations w Lift station information for BCRWWS lift stations(including Brushy Creek East(BCE) and Brushy Creek West(BCW)Wastewater Treatment Plant(WVV7P) Influent Lift Stations), including: o As-built drawings to include: � Wet well diameter ° Wet well depth � Nurnberofpurnp4and purnpmnand off operational levels o punmp�urves,orthe pump design point(flow and total dynamic head) o Operational data, including pump run times and flow meter data if available,in Microsoft Excel format for one year o Operation and Maintenance(O&K4) Manuals w As-built drawings for any special structures(such asPoin1-of-EntryManholes,manholes with flow splits) in the 8[RWVVS. m RecentBCRWVVS TVInspection tapes • For each Point of Entry(or consolidated adjacent Points-of-Entry), provide Average Dry Weather Flow, Peak Dry Weather Flow and Peak Wet Weather Flow for the planning horizons identified and associated diurnal curves w BCE and BCW WWTP daily flows and TCEQ influent and effluent reporting for the past 5-years, in Microsoft Excel format. Flows to include average daily influent flow,two-hour peak influent flow, recycle flows, reuse flow,and total treated flow. For BCE and BCW:TSS, BOD, CB[)D, Ammonia,total Phosphorous(if City collects this),and VSS(if City collects this)for influent wastewater samples, previous data from 2O19-2O22. * For BCE and BCW: Process information data from aeration basins(MLSS,SRT), air demand, chemical usage,filtration rate,chlorine demand,etc. • BCW As-built Plans in PDF format and as-built site plan in AutoCAD format(if available). • BCE and BCW TCE[lTPDESPermits * BCE Preliminary Engineering Report and the BCE Basis ofDesign Report w For BCW: O&M manuals for the influent lift station and sludge pumping station. • Sludge production and hauling data for BCE and BCW from 2019through ZD22year todate, in Microsoft Excel format.Adescription ofthe existing solids handling practices and acopy ofthe current Solids management plan. Provide available data for WAS pumping rates,WAS solids concentration,thickening and dewatering performance, and polymer usage. • Current sludge hauling contract and costs for the City(excel format mrother) Deliverable: List ofdata needs via email. B-2of7 BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES Task 3—Hydraulic Model Update A hydraulic model will be developed to include all Regional System interceptors(Brushy Creek Regional Interceptor,Onion Branch Interceptor,Southwest Interceptor,South Interceptor, Lake Creek Interceptor)to serve Points-of-Entry.Owner provided Point-of-Entry flows and diurnal curves will be the basis for this evaluation. Hydraulic model will initially be calibrated using historic BCE and BCW WWTP effluent and influent lift station flow data as available. BCE and BCW` Plant and influent lift station flow data from Task 2 will be tabulated and compared to rainfall data and Point-of-Entry flows to develop flows for calibration.As the hydraulic model is developed,the Owner-provided GIS base map will be updated with available system component data that may include material,construction date,inspection date,condition,orother notes. Assumptions. • The hydraulic model will beinSexverGEMSsoftware. • Austin Water's data will be provided in |nfoVVorks ICM format w GIS base map will beprovided 6wthe Owner touse asthe model background. m Hydraulic model will not extend beyond the Regional System components. Deliverable: m Technical Memorandum describing model development toinclude: oDesign criteria n Data collection o Model results w Model Deliverables to include the following in SewerGEMS and InfoWorks ICM compatible format, such asSVVK8K4: o System Model Networks for Existing and all Planning Scenarios o Dry Weather and Wet Weather Calibration Flow Meter Data, Rainfall Data,Simulations, and Results n Design Storm (or equivalent)Simulation and Results o Future Condition Dry Weather and Wet Weather Simulations and Results for all Planning Scenarios w Task 4—System Meters BCRWWS is acquiring seven area-velocity meters to be installed in the Regional System to develop baseline system flow data. • Review previous meter recommendations and system hydraulics to develop recommendations for initial meter installation locations. w Review initial flow meter data collected by the Owner, if available,and make recommendations for relocating nmeter(s) if appropriate. m Following development of the hydraulic model, make recommendations for location of future meter installations orrelocations • Review meter data monthly toconfirm dry weather flows and identify rain events that may be used for model calibration. Meter data review will take place near the completion mfthe final draft Master Plan Report. B-3of7 BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES * Owner will install meters and perform all data collection and maintenance. • Data will be provided in Excel compatible format. Deliverable: * Technical Memorandum describing meter recommendations. Task 5—Hydraulic Capacity Analysis of Existing System,and Future Flow Scenarios Review the results of the hydraulic model to identify system deficiencies in the existing conveyance system. Existing facilities will be evaluated for up to three planning horizons to be identified in the Kick-off Meeting.Owner-provided Point-of-Entry flows and diurnal curves will be used to develop the planning horizon modeling scenarios. Facilities will be evaluated based on the agreed design criteria and requirements inTCEQ Chapter 217. Meetings/Workshops: One workshop toreview capacity analysis ofexisting system and future flow calculation. Deliverable: 0 Workshop notes inPDF format. Task 6—Collection System Capital Improvements Plan(CUP)Development For the existing system and future planning horizons, improvements to alleviate system capacity deficiencies will be identified. Recommended improvements will be sized based on the design criteria identified inTask]. The recent Interceptor CCTV footage will be reviewed to identify system deficiencies and recommend rehabilitation projects. A CIP plan will be developed based on the recommended rehabilitation projects and capacity improvement projects. CIP project information will include recommended phasing, anticipated schedule, and budget. Project budgets will be developed with procedures consistent with master planning efforts, including construction costa and soft costs (engineering,surveying, land acquisition, environmental studies and rmntingencies\. Assumptions: m Opinions ofprobable construction cost,and any resulting conclusions onproject financial or economic feasibility orfunding requirements,will be prepared for guidance in project evaluation and implementation from the information available atthe time the opinion was prepared. Consultant makes no warranty that actual costs will not vary from Consultant's estimate as these costs depend on actual labor and material costs,competitive market B-4of7 BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXH|BIT @ ENGINEERING SERVICES conditions,actual site conditions,final project scope, implementation schedule,continuity of personnel and engineering,and other variable factors. One workshop&uinclude: w Review ofC|Pprojects w Review of flow and capacity allocations • Discuss options botrack, monitor,and update flow allocations and capacity improvements w Discuss provisions for Inflow and Infiltration management Deliverable: • Technical Memorandum documenting CCTV review and rehabilitation recommendations w Deliverable to include age and material of existing pipeline when available • Workshop notes inPDF format. BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES Task 7—Treatment and Sludge Disposal Evaluation—Plummer Scope The existing treatment and sludge disposal concepts will be reviewed and updated based on the projected regional system flows.Subtasks will include: w Review BCE Preliminary Engineering Report and the BCE Basis ufDesign Report • Review updated annual average flow projections. • Evaluate data concerning peaking factors over the past few years to determine/validate appropriate factor used for the BCW and BCE evaluation for peak day and peak 2-hour,and ratio toannual average. • Verify/update organic loading using the most recent influent data. Obtain and analyze daily raw wastewater data for BOD, COD,flow,temperatures,TSS, WH3, phosphorous,TKN,and alkalinity. Determine average, peak day, max month,and 85% loads for each parameter. • Update the process model for the BCE VVWTP o Convert the existing Biowin Process Model into the SUMO Process Model software.This cope item does not include recalibration ofthe processes. o Use the model tqevaluate potential uprating ofthe existing BCE basins beyond the 30 MGD design capacity using the updated peaking factor and organic loading [Expansion Alternative A]. (This information would better be determined after the additional treatment capacity currently under construction is put online and significant operational data is obtained but the model can be reviewed in the absence of the desired data.) o Use the model to evaluate potential uprating of the existing BCE basins beyond the 30 MGD design capacity using the updated peaking factor,organic loading, and primary filtration [Expansion Alternative Q]. • Evaluate and develop anAACEClass 5Cost Opinion for expanding BCE to4DMGD asoriginally considered inthe Preliminary Engineering for the current expansion. • Evaluate and develop anAACEClass 5 Cost Opinion to increase the BCE capacity to4OMGD by adding primary filters.This would increase the capacity of the aeration basins, but final clarification capacity and disinfection capacity would need tobe added. w Evaluate and develop anAACEClass 5 Cost Opinion tmexpand BCW to6MGD, including anew influent lift station. Note that the Final Phase ofthe existing BCW TPQESpermit allows for 3.D MGD effluent discharge.Assumptions for future permit limits beyond 3.0 MGD will need to be determined inorder 10prepare acost opinion for the expansion. • Develop a revised Solids Management Plan for handling biosolids produced at both BCE and BCW. The Plan will present the required improvements to reach a Class A product through the implementation of digestion and drying.The Plan will consider the potential for increased solids production atBCE as4OMGD and atBCW ifflows increase toGMGD. Meetings/Workshops: One workshop to review the BCE re-rate alternatives. Deliverable: • Two reports: (1)A treatment plant report which will include BCE and BCW evaluations and (2) the Solids Management Plan. Each report will include a summary of the existing BCE Preliminary Engineering Report and the BCE Basis of Design Report as the starting point for the evaluations. Electronic PDF copy ofthe draft reports, and electronic PDF copy ofthe final reports. w Site layout figures and process flow diagrams for BCE Expansion Alternative Aand Alternative 8. • Site layout figure and process flow diagram for BCW Expansion to 6.0 MGD. • Site layout figure and process flow diagram to produce Class A Biosolids. B-6of7 BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT ENGINEERING SERVICES w BCE SUMO Model in ".surno°format. Task 8—Master Plan Documentation The master planning effort will be completed with the preparation of a Wastewater Master Plan Report. Adraft master plan will beprovided for 8CRWVVS review. The comments will be included into afinal master plan report. The report will include: w Description ofthe existing 0CRVVVVSand facilities' w Description ofmodel update w Documentation of flow allocation for conveyance and treatment of wastewater for each organization aswell asthe process totrack, monitor,and update flow allocations and related future capacity improvements, including|/| management. • Maps and figures showing the hydraulic capacity analysis results • C|Pproject list,map and costs for improvements based onthe planning horizons • Individual C|P project sheets including maps,schedule,and cost • Description ofTreatment and Sludge Disposal options evaluation' w Treatment and Sludge Disposal recommendations,costs, and implementation schedule' • Update ofGIS base map with available system component attributes Note 1:Subcmnsudant(P/ummner)report item. Deliverable: Electronic PDF copy of the draft report and electronic PDF copy of the final report. SpvverGEWYSW1ode| Task 9—On-Call Model Updates This task is to perform miscellaneous engineering tasks on an"as needed" basis as deemed necessary by the BCRWWS staff. These services may include but are not limited to analysis of flow meter data, system model updates and calibration. These tasks will beissued 6«individual requests. Proposed fees will beagreed upon for each task before issuance ofwritten Notice bzProceed for the task. B-7of7 EXHIBIT C Work Schedule Attached Behind This Page ID Task Name Duration Start Aug 1 BCRWWS Master Plan S2 wks Mon 8J Apr May !un Jul 2 NTP 0 wks Mon 8/1 3 Task 1-Kick-off Meeting 2 wks Mon 8/1 4 Task 2-Data Collection and Review 6 wks Fri 8112) 5 2a-Provide Data Request 0 wks Fri 8/12/ 6 2b-Data Collection 4 wks Mon 8/1 7 2c-Review&Follow-up 2 wks Man 9/1 8 Task 3-Hydraulic Model Update 26 wks Fri 91912 9 3a-Provide GIS Base Map 0 wks Fri 9/9/2 10 3b-Model Construction 6 wks Mon 9/1 11 3c-Existing Model Runs&Calibration 4 wks Mon SO/ 12 3d-Draft Technical Memorandum 8 wks Mon 11/ 13 3di-TM Draft 3 wks Mon it/: 14 3dii-QC Review 1 wk Mon 12/ 15 3dii!-Final TM 4 wks Mon 12/ 16 3diiii-Submit Draft TM 0 wks Fri 1/131: 17 3e-Draft TM Review 4 wks Mon 1/11 18 3f-Final TM 4 wks Mon 2/1: 19 Task 4-System Meters 40 wks Mon 8/1. 20 4a-Initial Meter Location Recommendations 4 wks Mon 8/1! 21 4b-Review Initial Meter Data 24 wks Mon 9/1: 22 4c-Meter Relocation Plan 4 wks Mon 1/2) 23 4d-Draft Technical Memorandum 8 wks Mon 1/31 24 4di-TM Draft 2 wks Mon 1/3t 25 4dii-QC Review 4 wks Mon 2/1: 26 4diii-Final TM 2 wks Mon 3/1; 27 4diiii-Submit Draft TM 0 wks Fri 3/24/:1 28 4e-Draft TM Review 4 wks Mon 3/Z Owner 29 4f-Final TM 4 wks Mon 4/21 30 Task S-Future Hydraulic Modeling 10 wks Mon 2/1,' 31 5a-Future Scenario Modeling 8 wks Mon 2/1-2- 32 /1?32 5b-Workshop 2 wks Mon 4/1t r 33 Task 6-Collection System CIP 36 wks Mon 9/2 34 6a-Review CCN Tapes and Rehab 4 wks Mon 9/26 Recommendations 35 6b-Develop Collection System CIP 4 wks Mon 4/24 ®� 36 6c-CIP Workshop 2 wks Mon 5/22 37 Task 7-Treatment&Sludge Disposal Evaluation 3S wks Mon 912 38 7a-Flow Projections and Loading 6 wks Mon 9/26 39 7b-Process Model 6 wks Mon 11/7 40 7c-BCE&BCW Evaluation 10 wks Mon 12/1 41 7d-Solids Management Pian 10 wks Mon 12/1 42 7e-Workshop 2 wks Mon 4/10 LM 43 7f-Draft Technical Memorandum S wks Mon 2/27 44 7fi-TM Draft 2 wks Mon 2/27 45 7fii-QC Review 2 wks Mon 3/13 46 7fiii-Final TM 1 wk Mon 3/27 47 7fiiii-Submit Draft TM 0 wks Fri 3/31/2 3/31 48 7g-Draft TM Review 4 wks Mon 413/x-Owner 49 7h-Final TM 4 wks Mon 511/: 50 Task 8-Master Plan Documentation 13 wks Mon S/l/ 51 8a-Draft Master Pian 2 wks Mon 5/11: �f 52 8b-QC Review 2 wks Mon 5/15, L 53 8c-Address Comments 1 wk Mon 5/29, L S4 8d-Submit Draft Master Plan 0 wks Fri 6/2/23 4r 6/2 55 Be-Master Pian Review 4 wks Mon 6JS/; Owner 56 8f-Final Master Pian 4 wks Mon 7/3/: EXHIBIT D Fee Schedule Attached Behind This Page BRUSHY CREEK REGIONAL WASTEWATER SYSTEM MASTER PLAN EXHIBIT D FEE SCHEDULE Senior Project Design Senior Project Subconsultants Principal PM PM Eng E GIS EIT Admin Total Sub-Total Plummer Expenses Total $325.00 $300.00 $175.00 $160.00 $145.00 $120.00 $135.00 $105.00 1 Task Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs Hrs $ $ $ $ Task 1-Project Management 1 a Kick-off Meeting 4 8 8 20 3,560.00 1 50.00 3,610.00 1 b Project Management(12 months) 8 4 12 12 36 7,160.00 3,463.70 800.00 11,423.70 1 c Quality Control 24 24 7,200.00 15,095.90 22,295.90 1 d Internal Coordination/Meetings 4 24 1 24 12 4 24 12 104 19,700.00 19,700.00 Task 2-Data Collection and Review 8 20 40 20 88 13,400.00 15,835.40 29,235.40 Task 3-Hydraulic Model Update 3 a GIS Mapping 8 40 40 88 11,600.00 11,600.00 3 b Model Construction 8 8 40 60 116 17,400.00 17,400.00 3 c Existing System Model&Calibration 8 16 60 60 144 22,000.00 22o000.00 3 d Technical Memorandum 10 16 16 24 16 82 13,400.00 13,400.00 Task 4-System Meters 4 a Initial Meter Location Recommendation 8 8 8 24 5,080.00 5,080.00 4 b Ongoing Data Review 8 8 24 40 80 12,440.00 12,440.00 4 c Meter Relocation Plan 8 16 8 32 6,480.00 6,480.00 4 d Technical Memorandum 4 8 16 8 8 44 7,200.00 7o200.00 Task 5-Future System Hydraulic Modeling 5 a System Modeling(3 Planning Horizons) 12 24 72 72 16 196 30,120.00 30,120.00 5 b Modeling Workshop 8 16 12 16 8 60 10,120.00 50.00 10,170.00 Task 6-Collection System CIP 6 a Review CCTV Tapes&Rehab Recommendations 4 16 40 40 8 108 15,680.00 15,680.00 6 b Develop CIP 4 24 16 16 40 16 116 17,240.00 17,240.00 6 c CIP Workshop 16 24 16 16 72 13,080.00 50.00 13,130.00 Task 7-Treatment&Sludge Disposal Evaluation 7 a Flow Projections and Loading 4 8 8 20 3,560.00 27,867.60 31,427.60 7 b Process Model 4 4_ 700.00 20,314.70 21,014.70 7 c Evaluation of BCE&BCW 4 4_ 700.00 53,626.30 54,326.30 7 d Solids Management Plan 4 4 700.00 34,088.37 34,788.37 7 e Workshop 4 4 700.00, 10,417.85 , 50.00 11,167.85 Task 8-Master Plan Report 1 32 32 32 60 24 180 30,760.00 23,299.55 54,059.55 Subtotal 12 198 312 316 60 556 184 12 1650 269,980.00 204,009.37 1,000.00 474,989.37 Task 9-On-Call Model Updates 16 40 40 40 136 23,000.001 1 - 23,000.00 Total 12 214 352 356 60 596 184 12 1786 1 292,980.00 204,00937 1 1,000.00 1 497,989.37 D-1 OF 1 EXHIBIT E Certificates of Insurance Attached Behind This Page ACC?R" CERTIFICATE OF LIABILITY INSURANCE 7 (MM/DD(YYYY)E �► 7/6/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER Risk Strateggies NAME: Cameron Brown 12801 North Central Expy.Suite 1725 PHON�,E (214)323-4602 AC. C No): 214 503-8899 Dallas,TX 75243 E-MAIL xU:IL - ADDRESS: certificatedallas@risk-strategies.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Sed ty Ins Company 22276 INSURED INSURER 13: Sentinel Insurance Company Ltd 11000 K Friese &Associates, Inc. INSURER C: Hartford Fire Insurance Company 19682 1120 S Cap of TX Hwy Cityview 2, Suite 100 INSURERD: Travelers Indemnity Company25658 Austin TX 78746 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 69142544 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 to sm POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INED WYD POLICY NUMBER 1MMtDD1YYYY1 4MM/DQ(YYYYlLIMITS Ci ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ 84SBWRA7667 1/1/2022 1/1/2023 EACH OCCURRENCE $1000x00 AMAGE TO CLAIMS-MADE o OCCUR PREMISES Ea occuE encs $300,00x_ MED EXP(Any one person) $10,000_ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Z JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY ✓ ✓ 84UEGZV5448 1/1/2022 1/1/2023 CEOaacciderDitSINGLE LIMIT $1,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS ( )BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C ✓ uMBRELLAun6 ,/ OCCUR ✓ ✓ 84SBWBA7667 1/1/2022 1/1!2023 EACH OCCURRENCE $5,000,000EXCESS LIAB CLAIMS MADE AGGREGATE s5,000,000 DED I ✓ RETENTION 10,000 $ D WORKERS COMPENSATION UB5P02903A 1/1/2022 1/1/2023 ,/ STATUTE ETH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECU71VEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A E.L. DISEASE-EA EMPLOYEE $ (Mandatory In NH) 1,00x,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1.000,000 A Professional Liability .4147EPP30984103 1/1/2022 1/1/2023 Per claim/Annual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached M more space is wired) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. City Manager and City of Round Rock are named additional insured on the general liability coverage as required by written contract. Re:Brushy Creek Regional Wastewater System Master Plan. CERTIFICATE HOLDER CANCELLATION CI Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Mof Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. E. Main Street Round Rock TX 78664 AUTHORIZED REPRESENTATIVE Cameron Brown ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2018/03) The ACORD name and logo are registered marks of ACORD 69142544 1 22/23 GL/AL/UL/WC/PL I Patra 17/6/2D22 3:49:47 PM (EDT) I Page 1 of 1