BCRUA_R-10-11-17-7A RESOLUTION NO. R-10-11-17-7A
WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to
retain engineering services for the Water Transmission Line, Segment 2C Project,and
WHEREAS, K. Friese & Associates, Inc. has submitted a Contract for Engineering
Services to provide said services,and
WHEREAS, the BCRUA desires to enter into said contract with K. Friese & Associates,
Inc.,Now Therefore
BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY
AUTHORITY,
That the Board President is hereby authorized and directed to execute on behalf of the
BCRUA a Contract for Engineering Services with K. Friese & Associates, Inc. for the Water
Transmission Line, Segment 2C Project, a copy of same being attached hereto as Exhibit "A"
and incorporated herein for all purposes.
The Board hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting
was open to the public as required by law at all times during which this Resolution and the
subject matter hereof were discussed, considered and formally acted upon, all as required by the
Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 17th day of November, 2010.
MITCV FUL R, President
Brushy eek gional Utility Authority
T T: �•
Cowman, Secretary
ZABCRUA\Bcwd Packets\Paoket Documents\111710\Res.BCRUA-ESC w-K.Friese-WTL,Segment 2C(00207774).DOChma
CREEK
EG1t7NAL UTILITY AUTHORITY
AE M44 *}l:a,-► Rark,- 1-e}nd4r, and 6exnd Roth
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGIN + +RING SERVICES,
FIRM IL FRIESE&ASSOCIATES,INC. 'Engine ")
ADDRESS:1120S.Capital of Texas Highway.The Setting 11,Suitq 10%Austin, 19746
PROJECT: W.. a gr ransinission.Line Segment 2C
THE STATE OF TEXAS §
COUNTY MVILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made:and entered into on
this the day of ,20.1.0 by and between the BRUSHY CREED REGIONAL UTILITY
AUTHORITY, a Texas local government corporation, whose offices ,are located at 221 East Main.
Street,Round Rock,Texas 78664-5299, (hereinafter referred to as"BCRUA"), and Engineer, and such
Contract is for the purpose of contracting for professional engineering serVides.
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
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WHEREAS,BCRUA:and Engineer desire to contract for such professional engineering services; !
and
WHEREAS, BCRUA and Engineer wish to document their agreement concert-ling 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:
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Engineering Services Contract " " Rev.06/10
0140.4.634-10;00206518 EY
196074
WAOSTRVRA W 3
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
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ARTICLE 1
BCRUA SERVICES
BCRUA shall perform or provide services as identified in Exhibit A entitled"BCRUA Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perforin 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 BCRUA 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 General 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 BCRUA shall have the right to terminate this
Contract as set forth below in Article 20. So long as the BCRUA 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 BCRUA in writing as soon as possible if he/she/it determines, or
reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work
Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by BCRUA to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation
for the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Twenty-Three Thousand, Two Hundred Five and No/100 Dollars ($23,205.00) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by BCRUA.
Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to
support the progress of the Engineering Services and to support invoices requesting monthly payment.
Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B.
Satisfactory progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to BCRUA, 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 BCRUA. This submittal shall also include a progress
assessment report in a form acceptable to BCRUA.
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 BCRUA based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, BCRUA
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.
BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering
Services performed. Engineer has the responsibility to submit proof to BCRUA, 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
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
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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 BCRUA receives a correct invoice for services, whichever is
later. Engineer may charge a late fee(fee shall not be greater than that which is pennitted 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 BCRUA and Engineer concerning the supplies,
materials,or equipment delivered or the services performed that causes the payment to be
late;or
B. The terns of a federal contract, grant,regulation,or statute prevent BCRUA 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 BCRUA in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
BCRUA 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 terns 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 BCRUA has issued a
written Notice to Proceed regarding such task. The BCRUA 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
BCRUA's Designated Representative for purposes of this Contract is as follows:
Michael F. Thuss,P.E.
Program&Construction Manager
1096 Hur Industrial Blvd.
Cedar Park,Texas 78613
Telephone Number(512)215-9151
Fax Number(512)215-9158
Email Address mthuss@bcrua.org
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BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with
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respect to this Contract. BCRUA or BCRUA's Designated Representative shall render decisions in a I
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:
Tom Owens,P.E.
Project Manager
1120 S.Capital of Texas Hwy,The Setting II, Ste. 100
Austin,TX 78746
Telephone Number(512) 338-1704
Fax Number(512)338-1784
Email Address towens@kfriese.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent
and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the
Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at
Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested
by BCRUA, such conferences shall also include evaluation of the Engineering Services.
Should BCRUA determine that the progress in Engineering Services does not satisfy the Work
Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise BCRUA 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 BCRUA assistance needed to resolve the situation, if
any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract,
then such suspension may be effected by BCRUA 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 BCRUA 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 BCRUA 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.
BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the
date authorized by BCRUA 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
BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds
the maximum amount payable, BCRUA 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. BCRUA 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 BCRUA 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 BCRUA. 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 BCRUA. No additional compensation shall
be due for such Engineering Services.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if BCRUA
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 BCRUA. 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 BCRUA authorizes full execution of the written
Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of BCRUA and shall be
furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to
Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract.
Engineer, at its own expense, may retain copies of such documents or any other data which it has
furnished BCRUA under this Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by BCRUA. 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 BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval fiom BCRUA. All subcontracts shall include the provisions 1
required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
BCRUA, 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 BCRUA 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 BCRUA
before any final report is issued. BCRUA'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 fiom Engineer's default, breach of contract, or violation
of contract terns 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 BCRUA,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.
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(4) By BCRUA, 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 BCRUA terminate this Contract as herein provided, no fees other than fees due and
payable at the tirne of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, BCRUA shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
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Services completed at that time. Should BCRUA terminate this Contract under Subsection (4)
immediately above, then the amount charged during the thirty-day notice period shall not exceed the i
amount charged during the preceding thirty(30)days. I
If Engineer defaults in the performance of this Contract or if BCRUA terminates this Contract
for fault on the part of Engineer, then BCRUA shall give consideration to the actual costs incurred by
Engineer in performing the Engineering Services to the date of default, the amount of Engineering
Set-vices required which was satisfactorily completed to date of default, the value of the Engineering
Services which are usable to BCRUA, the cost to BCRUA 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
BCRUA 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 BCRUA 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 BCRUA may
take over the project and prosecute the Engineering Set-vices to completion. In such case, Engineer shall
be liable to BCRUA for any additional and reasonable costs incurred by BCRUA.
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 Set-vices 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 BCRUA 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. BCRUA 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 BCRUA and its officers and employees from all claims
and liabilities due to activities of his/her/itself and his/her/its agents or employees,performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold BCRUA harmless from any and all expenses, including but i
not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise
defending claims or liabilities which may be imposed on BCRUA 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. BCRUA 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
BCRUA 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 f
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, BCRUA 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 fiom a company authorized to do insurance business in Texas and
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otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, 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 tern 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. BCRUA 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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA
by certified mail to:
BCRUA General Manager,
221 East Main Street
Round Rock,Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by BCRUA,to any such future coverage, or to BCRUA'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 BCRUA. Such Certificates of Insurance are evidenced as Exhibit E
herein entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
BCRUA shall have the royalty-free, nonexclusive and irrevocable right to reproduce,publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of BCRUA.
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 BCRUA and Engineer, shall
be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized
representatives at mutually convenient times. The BCRUA 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:
BCRUA:
Brushy Creek Regional Utility Authority
Attention: BCRUA General Manager
221 East Main Sheet ,
Round Rock,TX 78664
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and to:
Stephan L. Sheets
BCRUA Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Tom Owens,P.E.
Project Manager
1120 S. Capital of Texas Highway
The Setting Il, Suite 100
Austin,TX 78746
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the ten-ns of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold,
to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's
additional legal rights or remedies.
(2) Force Majeure. Neither BCRUA nor Engineer shall be deemed in violation of this
Contract if prevented from performing any of their obligations hereunder by reasons for which they are
not responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County,Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost, of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval,review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing BCRUA to enter into this Contract.
IN WITNESS WHEREOF, the BCRUA of Round Rock has caused this Contract to be signed
in its corporate name by its duly authorized BCRUA 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.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY APPROVED AS TO FORM:
By:
Mitch Fuller, President Stephan L. Sheets,BCRUA Attorney
ATTEST:
By:
John Cowman,BCRUA Secretary
K.FRIESE&ASSOCIATES,INC.
By:
Signature of Principal
Printed Name:
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LIST OF EXHIBITS ATTACHED
(1) Exhibit A BCRUA Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
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EXHIBIT A
BCRUA Services
BCRUA will provide to the Engineer under this agreement the following
items/information/assistance:
I. Provide overall SCADA system and integration protocol for the project.
2. Facilitate and attend meetings as necessary to complete the work in accordance
with Exhibit D—Work Schedule.
3. Provide prompt review of submittals in accordance with Exhibit D — Work
Schedule.
4. Provide design and planning criteria for the project, including criteria for
transmission main and roadway planning.
EXHIBIT B
Engineering Services
The scope of services of this project are as follows:
SCOPE OF SERVICES
1. Project Management — This task includes coordination with the BCRUA and TWDB;
project communications; attendance at DOC meetings; workload, schedule, and budget
management; invoicing; and other project management activities.
2. Minimum Qualifications Revisions—KFA will coordinate with the BCRUA to research
and develop appropriate minimum contractor qualifications and modify the Contract
Documents to include the minimum qualifications. Contract Documents will also be
revised to reflect the new bid phase dates,times, and locations.
3. KFA will assist the Owner during the Bid Phase with contract document distribution,
conducting the pre-bid conference and bid opening, and providing assistance throughout
the bidding process. Services during the bid phase will include:
a. Invitation for Bid— KFA will coordinate with the Hill Country News and Round
Rock Leader to publish the Invitation to Bid in each newspaper twice.
b. KFA will coordinate with Document Engine in Round Rock for reproduction and
distribution of the plans and contract documents.
c. Attend pre-bid conference. KFA will attend the pre-bid conference, document any
questions and any responses provided at the meeting,and issue follow-up addenda
if necessary.
d. Interpret plans and specifications, and draft and issue addenda as necessary. One
addendum has been assumed for budgeting purposes.
e. Attend bid-opening,prepare bid tabulation and issue a recornmendation for award
to the Owner. KFA will attend the public bid opening;After receipt of bids, KFA
will tabulate the bids in unit price format. KFA will evaluate the bids for
responsiveness and qualifications, meet with the low bidder if necessary, and
issue a recommendation of award to the BCRUA.
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EXHIBIT C
Work Schedule
The Work Schedule for this project is as follows:
See Attached Schedule
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BCRUA SEGMENT 2C TRANSMISSION LINE
ID Task Name %Complete i Duration Start Finish 12DO8 .2009 2010 2011 2012
_tr�o-_Ltr tr tr tr u tr'tr tr mrg o- tr tr it tr 6r�tr
1 Rlghtof-Entry, 100%: 6 wks Tue 11/13107: Mon 12!24!07 A
6 I Construction Plans and Specifications 100%' 65.4 wks Thu 1111!07 Fri 1130!09
21 1,1,New Hope Road Right-of-Way Planning � 100%. 15.5 wks Thu 11H107� Mon 2116108
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27 Survey 100% 192 wks Mon 11/12107: Mon U241" II
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42 Rightof-Way Acqusistion 73%: 96.9 wks Mon 2111/08 Fri 12MR109
�.............. .t.
118 Permitthtg 8 Approvals 94% 98Awks Thu 10/30/08 Fri et17no
125 Asbestos Survey Parcel 17 0%. 8 wks Wed 8/549; Wed 9130109 f j
128 I AdvartiseBidlAward 39%: 13.8 wks Tue BMW Fri 913110
.
138 Re,Advertise/Sid1AWard 0°k 19 wks Mon 8123/10: Fri 12/31/10
139 Revise Quails/Prepare Advertisement 0%:. 2 wks -Mon 6/23/10 Fri 9/3/10
14Q 1s1 Publication 096: 0 wks Tue 917110 Tue 9R/10
r
141 2nd Publication 0% 0 wks Thu 9/9/10; Thu 919/10'
142 3rd Publtation 0% 0 wks Tue 9/14/10; Tue 9/14/1Q� I4
1 4th Publicallon 0% 0 Wks Thu 9/16%0 Thu 9/16110 ---T911
.... ....
B/2
144 .,. Pre-Bitl __0%` ..... 0 wks _ Tue t/10.........Tue 9/21/(0
---
145 -- -Sitl Opening --____...-....__�_____.....____.—._�__-._ _—•— 0%: -4 0 wks Tue 10/5/10: —Tue 10/5/70� I x,10/6
146 BId Evasuafion- Oho —2 wks Wed 10/6110 Tue 10%19/10 1
147 Award 0°k: 4 wks Wed 10/20/f0: Tue 11%1 W10 j -
........................--...._..._._....__....._._._..._.................................----------..._.............._:.............. _..........._...__..._._....._.......--------1
148 Board Approval-Construcfiort
0%: e wks Mon 11122/10: Fri 12/31/10
-----------=-------'—_------------•-------- ---�._--- - - --
c ction 0% 59 wks Mon 1131/1
149 Constru
1 Mon 31191121 + J -!�
150 NTP-ConstruUion 0%' 0 days Mon 1131111 Mon 1131/11
1/31
151 1 - PreConstruction Conference/NTP Q%? 0 wks Mon 1131/11; Mon 1131/11 i 1131
752 ;
Mobilization 0% 4 wks Tue 2/1/11- Mon 2/28/11
353 Install E&S Controls 4 wks Tue 311111 Mon 3/28/11 1
t �
i 5a Clearing S Grubbingr7raffic Control 0%. 4 wks Tue 3129/11 Mon 425/11
155 Trenching 0%� 40 wks Tue 4112111:Mon 1116112
156 Pipe Installation 0% 40 wks Tue 4M 9/11: Mon 123/12• I f
i
157 Testing 0%; 4 wks Tue 1124112: Mon 220112
I ------------------------- -- ' taCompletion 2212 Mon 220/12 0
....................... .. ----
0%; 4 wks Tue 2121112: Mon 3/19/12
11.5-
60 ............Final Completion
.._.................................................................-_------_._......_.....,............_.........----•------------------....._._..._..---..._.._.------- '
0% 0 wks Mon 3119/12 Mon 3119112
Page 1 Tue 8/17/10
EXHIBIT D
Fee Schedule
The Fee Schedule for this project is as follows:
$23,205.00 for Bid Phase Services. See attached Manpower/Budget Estimate.
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EXHIBIT D
Fee Schedule
$ 185.00 $ 175.00 $ 80.00 $90.00 $ 60.00
Project Sr CARD
Principal Manager EIT Tech Clerical Total Labor Total Labor Expenses Total
Task Hours Hours Hours i Hours Hours Hours Cost Cost Cost
1 'Project Management 4 24 8 36 $5,420 _ $5,420
2 Minimum Qualifications Revisions 16 8 124 $3,440 $3,440
3 1 Bid Phase Services 0 40 28 8 16 92 $10,9201 $3,425 $14,345
3a Invitation forBld 0 2 0 0 4 6 ; $1,325
3b Plan Distribution 0 2 4 .0 4 10 $2,000
3c Pre-Bid Conference 0 4 4 0 2 10 :.$50
3d Addenda 0 8 4 8 2 22
3e Bid Opening,Evaluation&Recommendation 0 . i 24 16 0 4 44 $50
Sub-Total 4 80 36 8 24 152 $19,780 $3,425 $23,205
00205890.XLS.xis 1 of 1
EXHIBIT E
Certificates of Insurance
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CERTIFICATE OF LIABILITY INSURANCE Date: 12/28/Q2 j
TDI number required,Please refer to the
PRODUCER- Texas Dept of insurance website: htto://wwwAdl.state.tx.us/
t4CEC/Marsh
701 Market Skgel.ate 1100
S1.Louls,MO 63101 COMPANIES AFFORDING COVERAGE TDI
Phone:800.338-1391 15-mall: A Hartford Insurance Company 93890
INSURED: B ACI:American Ins. 42160
K Friese&Asaoclates.Inc
1120 S Cool av#100 C
Austin.TX 78748
PhoneXI 338-1704 E-mail: D
THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations
hereinafter described,for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY 84SBWVM8359 01/01/10 01/01/11 GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGO. $2,000,000
PERSONAL 8,ADV.INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Any one fire) $1,000,000
MED.EXPENSE(Any one person) $ 10,000
A AUTOMOBILE LIABILITY 84SBWVM8359 01/01/10 01/01/11 COMBINED SINGLE LIMIT $1.000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
A WORKERS'COMPENSATION 84WBGIR1232 01/01/10 01/01/91 STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 600,000
DISEASE-POLICY LIMIT $ 500,000
DISEASE-EACH EMPLOYEE $ 500,000
B PROFESSIONAL LIABILITY EONNO1880627005 01/01/10 01/01/11 $1,000,000 Occur/$1,000,000 Aggr
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATtONSIVEHICLES/SPECIAL IT Prof 0151:BCRWWS Winter Water&Flow Monitoring
The City of Round Rock is named as addltlonal insured with respect to all policies except 'Workers' Compensation and Employers'
Llability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof,the Issuing company will mall thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock 510N TORE OF AGENT LICENSED IN STATE OF TEXAS
treet
Round Rock,Texas 221 E.Main Texas 78664 0LA&aLa -
Typed Name:_Sandra R Boillot
Title: Senior Vice President
00206535.pdf Page 2
00650—I-2008 Certificate of Liability Insurance
CERTIFICATE OF LIABILITY INSURANCE Date: 12/28/09
TDI number required.Please refer to the
PRODUCER: Texas Dept of Insurance website: http:/Mvm.tdl.*tate,tx.us/
ACEC/Mars
701 Market Street Ste 1100
St.1.909,MO 63101 COMPANIES AFFORDING COVERAGE TDI
fu2ns:800,38.1391 E-mail: A Hartford Insurance Company 93890
INSURED: B ACE American Ins. 42160
KFdQse&Associates.Ing
1120 S Capital of Texas Hiohway€/100 C
Austin,TX 78746
P(,1one:612-338-1704 E-mail: D
THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations
hereinafter described,for the types of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described, Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY 84SBWVM8359 01/01/10 01/01/11 GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGO. $2,000.000
PERSONAL&ADV.INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Anyone fire) $1,000.000
MED.EXPENSE(Any one person) $ 10.000
A AUTOMOBILE LIABILITY 84SBWVM8359 01/01/10 01/01/11 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
A WORKERS'COMPENSATION 84WSGIR1232 01/01/10 01/01/11 STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 600,000
DISEASE-POLICY LIMIT $ 500,000
DISEASE-EACH EMPLOYEE $ 500,000
B PROFESSIONAL LIABILITY EONNO1880627006 01/01/10 01/01/11 $1,00D,000 Occur/$1,000,000 Aggr
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS/EXCEPTtONS Pro] 0067:BCRUA Regional Water System
Transmission Main Segment 20
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration data
thereof,the issuing company will mall thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNA RE OF AGENT LICENSED IN STATE OF TEXAS
221 E.Main Street
Round Rock,Texas 78664 Q
Typed Name:_Sandra R Boillot
Title: Senior Vice President
Page 2
00650—1-2008• Certificate of Liability Insurance
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EXECUTED
DOCUMENT
FOLLOWS
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W Ab ON BRUSHY CREEK
REGIONAL UTILITY AUTHORITY v
A P..1....hip of Cedar Park. Lender. .r.d R-4 Rock
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
CONTRACT FOR ENGINEERING SERVICES
FIRM: K.FRIESE&ASSOCIATES,INC. ("Engineer")
ADDRESS: 1120 S. Capital of Texas Highway,The Setting II,Suite 100,Austin,TX 78746
PROJECT: Water Transmission Line Segment 2C
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THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
THIS CONTR CT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the] **day of NOV , 2010 by and between the BRUSHY CREEK REGIONAL UTILITY
AUTHORITY, a Texas local government corporation, whose offices are located at 221 East Main
Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "BCRUA"), and Engineer, and such
Contract is for the purpose of contracting for professional engineering services.
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RECITALS:
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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, BCRUA and Engineer desire to contract for such professional engineering services;
and
WHEREAS, BCRUA 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.06/10
0140A634-10;00206518 196074
WA05TRVRAW
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a pant 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
BCRUA SERVICES
1
BCRUA shall perform or provide services as identified in Exhibit A entitled"BCRUA 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 BCRUA 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 General Manager.
ARTICLE 3
CONTRACT TERM
(1) Team. 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 BCRUA shall have the right to terminate this
Contract as set forth below in Article 20. So long as the BCRUA elects not to terminate this Contract, it
shall continue fiom 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 BCRUA 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 BCRUA to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
BCRUA shall pay and Engineer agrees to accept the amount shown below as full compensation
for the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Twenty-Three Thousand, Two Hundred Five and No/100 Dollars ($23,205.00) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by BCRUA.
Engineer shall prepare and submit to BCRUA monthly progress reports in sufficient detail to
support the progress of the Engineering Services and to support invoices requesting monthly payment.
Any preferred format of BCRUA for such monthly progress reports shall be identified in Exhibit B.
Satisfactory progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to BCRUA, not more frequently than once per month, a progress report as
referenced in Article 4 above. Such progress report sliall state the percentage of completion of
Engineering Services accomplished during that billing period and to date. Simultaneous with submission
of such progress report, Engineer sliall prepare and submit one (1) original and one (1) copy of a
certified invoice in a form acceptable to BCRUA. This submittal shall also include a progress
assessment report in a form acceptable to BCRUA.
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 BCRUA based upon Engineering
Services actually provided and performed.Upon timely receipt and approval of each statement,BCRUA
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.
BCRUA reserves the right to withhold payment pending verification of satisfactory Engineering
Services performed. Engineer has the responsibility to submit proof to BCRUA, 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 arnouut due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting fiom his/her/its
negligence.
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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 BCRUA 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 BCRUA and Engineer concerning the supplies,
materials,or equipment delivered or the services performed that causes the payment to be
late; or
B. The terns of a federal contract, grant, regulation, or statute prevent BCRUA 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 BCRUA in strict accordance with instructions, if any, on the
purchase order,or this Contract or other such contractual agreement.
BCRUA 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 BCRUA has issued a
written Notice to Proceed regarding such task. The BCRUA shall not be responsible •for work
perfonned or costs incurred by Engineer related to any task for which a Notice to Proceed has not been
issued.
ARTICLE 8
PROJECT TEAM
BCRUA's Designated Representative for purposes of this Contract is as follows:
Michael F.Thuss,P.E.
Program &Construction Manager
1096 Hur Industrial Blvd.
Cedar Park,Texas 7861.3
Telephone Number(512)215-9151
Fax Number(512)215-9158
Email Address mthuss@bctua.org
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BCRUA's Designated Representative shall be authorized to act on BCRUA's behalf with
respect to this Contract. BCRUA or BCRUA'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:
Torn Owens,P.E.
Project Manager
1120 S. Capital of Texas Hwy,The Setting II, Ste. 100
Austin,TX 78746
Telephone Number(512)338-1704
Fax Number(512)338-1784
Email Address towens@kfiiese.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
BCRUA at BCRUA's election. Engineer shall prepare and present such information as may be pertinent
and necessary, or as may be requested by BCRUA, in order for BCRUA to evaluate features of the
Engineering Services. At the request of BCRUA or Engineer, conferences shall be provided at
Engineer's office, the offices of BCRUA, or at other locations designated by BCRUA. When requested
by BCRUA, such conferences shall also include evaluation of the Engineering Services,
Should BCRUA determine that the progress in Engineering Services does not satisfy the Work
Schedule, then BCRUA shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise BCRUA 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 BCRUA assistance needed to resolve the situation, if
any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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ARTICLE 10
SUSPENSION
Should BCRUA desire to suspend the Engineering Services, but not to terminate this Contract,
then such suspension may be effected by BCRUA 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 fi-om BCRUA 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 BCRUA 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.
BCRUA assumes no liability for Engineering Services performed or costs incurred prior to the
date authorized by BCRUA 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 lie/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
BCRUA in writing. In the event BCRUA finds that such work does constitute extra work and exceeds
the maximum amount payable, BCRUA 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. BCRUA 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 BCRUA 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 BCRUA. 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 BCRUA. 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 BCRUA
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 BCRUA. 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 BCRUA authorizes full execution of the written
Supplemental Contract and authorization to proceed. BCRUA reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of BCRUA and shall be
furnished to BCRUA upon request. All documents prepared by Engineer and all documents furnished to
Engineer by BCRUA shall be delivered to BCRUA upon completion or termination of this Contract.
Engineer, at its own expense, may retain copies of such documents or any other data which it has
furnished BCRUA under this Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
BCRUA, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by BCRUA. 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 BCRUA. Engineer may not change the Project Manager without prior written consent of BCRUA.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from BCRUA. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by BCRUA prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
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ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
BCRUA, or any authorized representatives of it, shall have the right at all reasonable rimes 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 BCRUA 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 BCRUA
before any final report is issued. BCRUA'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 BCRUA, 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 BCRUA, 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 BCRUA 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, BCRUA shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
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Services completed at that time. Should BCRUA 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 BCRUA terminates this Contract
for fault on the part of Engineer, then BCRUA 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 BCRUA, the cost to BCRUA 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
BCRUA 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 BCRUA 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 BCRUA may
take over the project and prosecute the Engineering Set-vices to completion. In such case,Engineer shall
be liable to BCRUA for any additional and reasonable costs incurred by BCRUA.
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 BCRUA 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. BCRUA 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 BCRUA 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 pet-son employed by Engineer or under Engineer's direction or control.
9
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Engineer shall also save and hold BCRUA harmless from any and all expenses, including but I
not limited to reasonable attorneys fees which may be incurred by BCRUA in litigation or otherwise
defending claims or liabilities which may be imposed on BCRUA 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. BCRUA 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 constriction 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
BCRUA 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
fiom the award or making of this Contract. For breach or violation of this warranty, BCRUA reserves
and shall have the right to annul this Contract without liability or, in its discretion and at its sole
election, to deduct fiom 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
10
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otherwise acceptable to BCRUA. Engineer shall also notify BCRUA, 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 tern 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. BCRUA 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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to BCRUA
by certified mail to:
BCRUA General Manager,
221 East Main Street
Round Rock,Texas 78664
(b) The policy clause"Other Insurance" shall not apply to any insurance coverage currently i
held by BCRUA,to any such future coverage, or to BCRUA's Self-Insured Retentions of
whatever nature. 1
(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 rninirnum
coverage in force to be filed with BCRUA. Such Certificates of Insurance are evidenced as Exhibit E
herein entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
BCRUA 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.
II
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 BCRUA.
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 BCRUA and Engineer, shall
be kept on a generally recognized accounting basis and shall be available to BCRUA or its authorized
representatives at mutually convenient times. The BCRUA 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:
BCRUA:
Brushy Creek Regional Utility Authority
Attention: BCRUA General Manager
221 East Main Street
Round Rock,TX 78664
12
and to:
Stephan L. Sheets
BCRUA Attorney
309 East Main Street
Round Rock,TX 78664
Engineer:
Tom Owens,P.E.
Project Manager
1120 S. Capital of Texas Highway
The Setting II, Suite 100
Austin,TX 78746
ARTICLE 33
GENERAL PROVISIONS
(I) Time is of the Essence. Engineer understands and agrees that tithe is of the essence and
that any failure of Engineer to complete the Engineering Set-vices 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 tenns of this Contract and the Engineer's standard of performance as defined herein.Where damage
is caused to BCRUA due to Engineer's negligent failure to perform BCRUA may accordingly withhold,
to the extent of such damage, Engineer's payments hereunder without waiver of any of BCRUA's
additional legal rights or remedies.
(2) Force Majeure. Neither BCRUA 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 mernbers 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.
13
(5) Opviion 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 set-vices 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 detennination 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 BCRUA to enter into this Contract.
IN WITNESS WHEREOF', the BCRUA of Round Rock has caused this Contract to be signed
in its corporate name by its duly authorized BCRUA 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
BRUSHY CREEK REGIONAL UTILITY AUTHORITYAPPR V D AS TZi By: �t �,
Mitch Ful • Presi nt Stepha L. Sheets,BCRUA Attorney
ATT
By:
rJESCowman,BCRUA Secretary
K. E&ASSOCIATES, INC.
By: 1� CMM_1'_ �fz�_
Signatur of Principal
Printed ame: S;S_A,9:C-A '; �kES c
14
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LIST OF EXHIBITS ATTACHED
(1)Exhibit A BCRUA Services
(2)Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4)Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
15
EXHIBIT A
BCRUA Services
BCRUA will provide to the Engineer under this agreement the following
items/information/assistance:
1. Provide overall SCADA system and integration protocol for the project.
2. Facilitate and attend meetings as necessary to complete the work in accordance
with Exhibit D—Work Schedule.
3. Provide prompt review of submittals in accordance with Exhibit D — Work
Schedule.
4. Provide design and planning criteria for the project, including criteria for
transmission plain and roadway planning.
EXHIBIT B
Engineering Services
The scope of services of this project are as follows:
SCOPE OF SERVICES
1. Project Management — This task includes coordination with the BCRUA and TWDB;
project cormnunications; attendance at DOC meetings; workload, schedule, and budget
management;invoicing; and other project management activities.
2. Minimum Qualifications Revisions—KFA will coordinate with the BCRUA to research
and develop appropriate minimum contractor qualifications and modify the Contract
Documents to include the minimum qualifications. Contract Documents will also be
revised to reflect the new bid phase dates,times, and locations.
3. KFA will assist the Owner during the Bid Phase with contract document distribution,
conducting the pre-bid conference and bid opening, and providing assistance throughout
the bidding process. Services during the bid phase will include:
a. Invitation for Bid—KFA will coordinate with the Hill Country News and Round
Rock Leader to publish the Invitation to Bid in each newspaper twice.
b. KFA will coordinate with Document Engine in Round Rock for reproduction and
distribution of the plans and contract documents.
c. Attend pre-bid conference. KFA will attend the pre-bid conference, document any
questions and any responses provided at the meeting, and issue follow-up addenda
if necessary.
d. Interpret plans and specifications, and draft and issue addenda as necessary. One
addendum has been assumed for budgeting purposes.
e. Attend bid-opening,prepare bid tabulation and issue a recommendation for award
to the Owner. KFA will attend the public bid opening.,After receipt of bids,KFA
will tabulate the bids in unit price fon-nat. KFA will evaluate the bids for
responsiveness and qualifications, meet with the low bidder if necessary, and
issue a recommendation of award to the BCRUA.
EXHIBIT C
Work Schedule
The Work Schedule for this project is as follows:
See Attached Schedule
BCRUA SEGMENT 2C TRANSMISSION LINE
ID i Task Name %Complete i Duration Start Finish 12008 '2009 r2010 2011 2012
tr
I (Right-of-Entry 100%f 6 wks Tue 11113107: Mon 17124107
------- -
t�tr Lir trtr fr trtr tr ' tr tr tr�tr tr tr tr �tr -tr--lJ
--71'--- -- rt - - tr —I
6 Construction Plans and Specifications 100%; 65.4wks Thu 11/1/07• Fri 1130/09 i
21 I New Hope Road Right-ol-Way Planning 100% 15.5 wks Thu 11/11/07; Mon 2/18108
-- - - - - -....._...... -- - - ._._._._..... - - - - - -.. - ..__. 1.21-..__.._..-----••--__
27 �Survey 100 192 wks Mon
11112107: Mon 324108
42Right-of-Way Aequslstion 73%: 96.9 wks Mon 2/11/06: Fri 12116109
..____....---...._...,.._...._.._........_......._._ .............._._.,............_.._.....•.......�.........._-____.:_..._..---------.....--•-1111-._....,.__......---_..._...__..
_......___._._.-...._.._...._._...____....--®
118 Permitting&Approvals 94%. 98A wks Thu 10130/08: Fri 9117110 l�
125 Asbestos Survey Parcel 17 0%,. B wks Wed 8/5109: Wed 9130109EJj
126 �Advertise/bid/Award
13.8 bid/Award 39%� wks Tue 611110: Fri 913110
a138 Re,Adv0'rtisef8i6%Award - 0%; 19 wks Mon 6%23/10: Fri 12131/10 .
t39 Revise QualsYPrepare Advertisement- 0%: 2 wks Mon 8/23/10 Fri 913110
140 i 11t Publication •.,._,..._._....-....._.Do%.:: _._,.._0 wks" . Tue 9/7/10 _4 Tue 9R/10 ��9f/
..........._........-.._.................-.._.........._......._...._......._ �-L-
141 2nd Publication 0°/ 0 wks Thu 9/9110 Thu 919/10 919
__._...._......._.._..._..._...._-- _ -- - - - - ._.._.....- -•----...-_---._-�_...._. -
142 3rd Publiralion -0%� 0 wks Tue 9/14110; Tuuee9/14110 9114
143 416 Publicailon 0% 0 wks Thu 91W10; Thu 9116/1D �- *9116
-......_.._...... -..._:.._._.. ..._.........._............ .....
_.._............................_..._......_...... ..... _...
144 •-• Pti8i1 • • - •�•- • 0%; wks Tue 921110: T...ue._92.1_/10
' -----'--- 1111--1111 ------1111------'-•--....
145 Bid Opening 111_1 - 0%! 0 wks Tue 10/5/10: Tue 10/5/10 10/5
146 Bid Evaluation 0%. 2 wks Wed 1016/10; Tue 10119/10
147 Award 0°k 4 wks Wed 1020/10; Tue 11/16/10
..._................---.._.......__..........._....---..........-.............................__.._:__.....- --'
148 Board Approval-Construction 0%: 6 wks Mon 111=10; Fri 12131/10
149 Cost-u—on----------------- ---------------------=---110%11';----5-9--w--k-s--111M1o-n--1131M--�Mo—n-it9/12 —rf
—
----------------
150 r1TP-Construction 01/0; 0 days Mon 1/31111: Mon 1/31/11 i 1131
----•- -- --
151 pre-Conslructlon Conierenee!NTP 0%� 0 wks Mon 1131111; Mon 1131/11 4 1131
152 Mobilization 0% 4 wks Tue 211/11' Mon 228/11
153 '-Install ESS Controls - 0%! 4 wks Tue 311/11 Mon 328111
154 Clearing&Grubbing/Tratfic Control 0%,; 4 wks Tue 3/29/11; Mon 425/11
155 Trenching 0%: 40 wks Tue 4112111 Mon 1/16112
156 Pipe Installation 0%, 40 wks Tue 4/19/11: Mon 123/12
157 ----Testing ---_-0%---------------------------
-T5-8
_- _ - Tue 124/12_ Mon22N12 i
1111- - - ---1111- - _1111 --- - - --' -----
158 I SubstaRB l Completion 0% 0 wks Mon 2120/12: Mon 220112 : 20
159Restoration - 0% - 4 wks Tue 2/21112 - Mon 3/19112
160 F nal Completion - -- - --- -- 0°k• O wks Mon 3/19112Mo—n3/1—9/12 I ® 3119
I '
Page 1 Tue 8/17/10
EXHIBIT D
Fee Schedule
The Fee Schedule for this project is as follows:
$23,205.00 for Bid Phase Services. See attached Manpower/Budget Estimate.
EXHIBIT D
Fee Schedule
$ 785.00 $ 775.00 $ 80.00 $90.00 $ 60.00
Project Sr CARD
Principal 1 Manager E1T Tech Clerical Total Labor Total Labor Expenses Total
Task Hours + Hours Hours Hours Hours Hours Cost Cost Cost
1 iProject Management 4 1 24 1 ! 8 36 _$5,420 $5,420
2 Minimum Qualifications Revisions 16 8 j 24 $3,440 $3,440
3 Bid Phase Services 0 40 28 8 16 92 $10,9201 $3,425 $14,345
3a Invitation for Bld 0 2 0 0 4 6 $1,325
3b Plan Dfstdbuflon 0 2 4 0 4 10 $2,000
3c Pre-Bid Conference .`-0 4 4 0 2 10
3d Addenda 0 8 4 8 2 22
3e Bid Opening;Evaluetion.B'Recommendatiori 0 ..'.' .24 16 0 4 44
Sub-Total 4 80 36 8 24 152 $19,780 $3,425 $23,205
00205890.xLS.xls 1 of 1
EXHIBIT E
Certificates of Insurance
CERTIFICATE OF LIABILITY INSURANCE Date; 12/28/09
TDi number required,Please refer to the
PRODUCER: Texas Dept of Insurance webslte: http,/NiyAv.tdi.i tate.tx,vs/
ACEC/Marsh
701 Market Street,Ste 1100
St.Louls.MO 83101 COMPANIES AFFORDING COVERAGE TDI
Phone:800-338-1391 E-mail: A Hartford Insurance Company 93690
INSURED: ACE American Ins. 42160
K Friese&Associates.Inc B
1120 S CaoRat of Texas Highway#100 C
ustin.TX 78746
Phone:512-338-1704 E-mail: p
THIS IS TO CERTIFY THAT the Insured named above is Insured by the Companies listed above with respect to the business operations
hereinafter described,for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY 84SBWVM8359 01/01/10 01/01/11 GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGO. $2,000,000
PERSONAL&AOV.INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Anyone fire) $1,000,000
MED.EXPENSE(Anyone person) $ 10,000
A AUTOMOBILE LIABILITY 84SBVVVM8359 Oi101/10 01/0i/11 COMBINED SINGLE LIMIT $1.000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
A WORKERS'COMPENSATION 84WBGIR1232 01/01/10 01/01/11 STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 500.000
DISEASE-POLICY LIMIT $ 500,000
DISEASE-EACH EMPLOYEE $ 500,000
B PROFESSIONAL LIABILITY EONNO1680627005 01/01/10 01101/11 $1,000,000 Occur/$1,000,000 Aggr
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS/EXCEPTIONS Pro)0161:BCRWWS WinlerWaler&Flow Monitoring
The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers'
Liability and 'Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date
thereof,the issuing companywill mall thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGN TORE OF AGENT LICENSED IN STATE OF TEXAS
221 E.Main Street n�
Round Rock,Texas 78664 tilA ob=a
Typed Name:_Sandra R Boillot
Title: Senior Vice President
00206535.pdf Page 2
00650—1-2008 Certificate of Liability Insurance
CERTIFICATE OF LIABILITY INSURANCE Date: 12/28/09
TDi number required.Please-refer to the
PRODUCER: Texas Dept of Insurance website; hlta:/hw w.tdf.state,tx,us/
PCEC/Marsh
701 Market Street.Ste 1100
SI,Louis.MO 83101 COMPANIES AFFORDING COVERAGE TDI
Ehone:800-338.1391 E-mail: Hartford Insurance Company 93890
A
INSURED: B ACE American ins. 42160
K Frie$e&Associates.Inc
1120 S Capitai of Texas Hinhwav 9100 C
Austin.TX 78746
Phone:512-338-1704 E-mall: D
THIS IS TO CERTIFY THAT the Insured named above is Insured by the Companies listed above with respect to the business operations
hereinafter described,for the types of Insurance and In accordance with the provisions of the standard policies used by the companies,
and further hereinafter described, Exceptions to the policies are noted below,
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY 84SBWVM8359 01101/10 01/01/11 GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL&ADV,INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Any one fire) $1,000,000
MED.EXPENSE(Any one person) $ 10,000
A AUTOMOBILE LIABILITY 84SBWVM8359 01/01/10 01/01/11 COMBINED SINGLE LIMIT $1,000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE $
AGGREGATE $
A WORKERS'COMPENSATION 54WBGIR1232 01/01110 01/01/11 STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 600,000
DISEASE-POLICY LIMIT $ 500,000
DISEASE-EACH EMPLOYEE $ 60000
B PROFESSIONAL LIABILITY EONNO1880627005 01/01/10 01/01111 $1,000,000 Occur/$1,000,000 Aggr
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECiAL ITEMS/EXCEPTIONS Prof 0067:BCRUA Regional Water System
Transmission Main Segment 20
The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers'
Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration dale
thereof,the Issuing company will mall thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rack SIGNA URE OF AGENT LICENSED INSTATE OF TEXAS
221 E.Main Street
Round Rock,Texas 78684 Q
84UTI-
Typed Name:_Sandra R Bolllot
Title: Senior Vice President
Page 2
00650—1-2008- Certificate of Liability Insurance
DATE: November 12, 2010
SUBJECT: BCRUA Board Meeting—November 17, 2010
ITEM: 7A. Consider a resolution authorizing the President to execute a Contract for
Engineering Services for Water Transmission Line,Segment 2C,with
K. Friese&Associates, Inc.in the amount of$23,205.00.
Presenter: Michael Thane
Director of Infrastructure Management
City of Round Rock