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BCRUA_R-21-06-23-5B RESOLUTION NO. R-21-06-23-513 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA") desires to retain engineering services for the New Hope Drive 78-Inch/72-Inch Settlement Remediation Design Project; and WHEREAS, K Friese & Associates 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, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 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 for the New Hope Drive 78-Inch/72- Inch Settlement Remediation Design Project, a copy of said contract 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 SS 1, Texas Government Code, as amended. RESOLVED this 23rd day of June, 2021. RE,N E FLORES, P ent Brus y Creek Regional Utility Authority ATTEST: ANNE D ' 'FNSecrry 01i41.4614 A:I-M-4i 10 6 6e7ZBRUSHYCREEK REGIONAL UTILITY AUTHORITY A Partnership et Cada, Park_ Llall d—. and Round Rock BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: K FRIESE & ASSOCIATES ("Engineer") ADDRESS: 1 120 S. Capital of Texas Highway, Cit View 2 Suite 100 Austin TX 78746 PROJECT: New Hope Drive 78-Inch/72-Inch Settlement Remediation Design THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2021 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. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, 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.06.12 0140.4634-52;00473922 EXHI ��� 196074 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 BCRUA SERVICES 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) 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'shel 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 Seventy-Eight Thousand Two Hundred Twenty-Three and No1100 Dollars ($78,223.00) 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. 3 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 terms 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 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: Karen Bondy General Manager 221 E. Main Round Rock, TX 78664 Cell Number(512) 688-0475 Work Number(512) 215-9151 Email Address kbondy Ombcrua.org 4 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: Jason Bybel, P.E., PMP Senior Engineer 1120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin, TX 78746 Cell Number(512) 913-4316 Telephone Number(512) 338-1704 Fax Number(512) 338-1784 Email Address jbybelakfriese.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. 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, andlor 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 helshelit has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, hee'shelit 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 (l) 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. 7 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 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 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 hislher.'its contractual obligations, then BCRUA may take over the project and prosecute the Engineering Services 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 hislherlits 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 INDEMNIIF'ICATION Engineer shall save and hold harmless BCRUA and its officers and employees from all claims and liabilities due to activities of hislherlitself 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. 9 Engineer shall also save and hold BCRUA harmless from any and all expenses, including but 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 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 from a company authorized to do insurance business in Texas and 10 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 term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. 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, TX 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. 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: Jason Bybel, P.E., PMP Senior Engineer 1 120 S. Capital of Texas Highway, CityView 2, 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 terms 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. (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 13 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: RENE FLORES, President Stephan L. Sheets, BCRUA Attorney ATTEST: By: ANNE DUFFY, BCRUA Secretary K FRIESE&ASSOCIATES By: Signature of Prilikmzcwun. Printed Name: M. OWFN- 77.�'E. 14 LIST OF EXHIBITS ATTACHED (l) 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 The Brushy Creek Regional Utility Authority (BCRUA) will provide the following information and other assistance to K Friese & Associates, (Engineer) that the BCRUA deems appropriate and necessary. 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the BCRUA will provide one copy of such information in a format chosen by the BCRUA. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverables that have been properly completed and submitted by the Engineer, and timely provision of comments, if any, to the Engineer resulting from said reviews. EXHIBIT B Engineering Services UNDERSTANDING The Brushy Creek Regional Utility Authority (BCRUA) owns/operates a 78-inch/72- inch treated water transmission main within the New Hope Drive Right-of-Way (ROW). The transmission main was constructed in conjunction with the East and West New Hope Drive (Road) improvement projects and completed in 2008. Significant settlement along apparent transmission main trench has been observed over the past several years between Clover Lane and Discovery Boulevard (approximately 1.5 miles) and continues to worsen. K Friese & Associates, Inc. (KFA) has recently prepared a technical memorandum that identified areas of settlement and proposed repair strategies along New Hope Drive, identifying the root cause(s), and preparing a remediation/repair plan to protect the transmission main and repair the roadway pavement and sidewalk structure and functionality. KFA confirmed repair locations along the corridor with stakeholders on 4/30/2021. KFA will utilize as-built data and available GIS/CAD resources; the remediation recommendations from the technical memorandum; and confirmed repair locations as the basis of design. KFA will prepare 90% Review and 100% plans, specifications, and estimate (PS&E) for bidding purposes to repair the subgrade, pavement, sidewalk, curb, gutter, and revegetate along the affected transmission main route. The plans will include detailed traffic control plans and detours required to complete the work. Anticipated plan sheets (11" x 17" sheets)to be prepared for this assignment include: • 1 —Cover • 1 —General Notes Sheet • 1 —Quantity Summary Sheet • 4— Project Layout Sheets • 2—Repair Detail Sheets • 7—Traffic Control Plan Sheets • 12—TxDOT Traffic Control Detail Sheets It is anticipated that bid phase and construction phase services will be added as a supplemental amendment as the level of materials testing and construction inspection/observation is determined. Items not anticipated for this assignment which have not been included in this Scope of Services are as follows: pavement assessment; boundary or topographic survey; metes and bounds for easements; easement acquisitions; corrosion protection/control engineering; environmental studies; permitting fees; railroad permit applications; subsurface utility investigations and utility locating (SUE Level "B" or Level "A"). SCOPE OF SERVICES 9. PROJECT MANAGEMENT 1.1. Project Management/Administration — This task includes routine communication with the BCRUA; managing manpower, budgets, and B-1 of 3 EXHIBIT B Engineering Services schedules; invoicing; implementing and monitoring of QA/QC efforts; and other activities associated with managing the project. 1.2. Quality Assurance/Quality Control — KFA will implement Quality Assurance activities throughout the project and will utilize uninvolved senior KFA Engineers and Project Managers to perform Quality Control reviews of deliverables prior to submission. 1.3. Proiect Meetings and Status Reports — KFA will attend coordination and status meetings with the BCRUA to discuss testing plans, test results, and repair recommendations. KFA will schedule, prepare agendas, and draft minutes for each meeting to document discussions and key decisions. KFA will also submit monthly status reports to the BCRUA documenting progress. budget, and schedule. KFA anticipates the following meetings: 1.3.1. Kickoff Meeting 1.3.2. 60% Comment Review and Bid/Contract Preparation Meeting with BCRUA and Stakeholders 1.3.2.1. Review schedule 1.3.2.2. Determine standard bid/contract documents to be utilized 1.3.2.3. Determine bid schedule 1.3.3. 90% Comment Review and Bid/Contract Preparation Meeting with BCRUA and Stakeholders 1.3.4. Traffic Control Review Meeting with City of Cedar Park 2. FINAL DESIGN SERVICES 2.1. 60% Plans, Specifications, and Estimate (PS&E) Preparation - KFA will prepare design plans, details, specs, and OPCC (Estimate) including: 2.1.1. Updated pavement, sidewalk, and ramp repair areas, per 4/30/2021 site walk. 2.1.2. Traffic Control and Detour Plans — Develop TCP; prepare traffic control intersection layout design and interim signing; traffic control/detour assessment; develop written narrative of construction sequencing; develop traffic control typical sections, layouts, and advance warning lights; develop sidewalk and curb ramp layouts; assemble traffic control details; and tabulate quantities and prepare estimate. 2.1.3. Prepare general notes, summary sheets, restriping plan, erosion/sedimentation control plans, and standard details. 2.1.4. Assemble Technical Specifications relative to project. 2.1.5. Prepare 60% OPCC B-2 of 3 EXHIBIT B Engineering Services 2.1.6. 60% Submittal and 60% Comment Recovery — Submit 60% Plans. Specs, and OPCC to BCRUA. Receive, review, and respond to 60% design comments. 2.2. 90% PS&E Preparation — KFA prepare contract documents, final plans, details, and OPCC including: 2.2.1. Prepare 90% Plans and Details—Update plans and details. 2.2.2. Contract Documents — KFA will work with BCRUA and stakeholders to prepare bid and contract documents. 2.2.3. Update Technical Specifications and Special Provision — Update Technical Specifications and prepare Special Provisions to Standard Specifications, as necessary. 2.2.4. Prepare 90% OPCC 2.2.5. 90% Submittal and Comment Recovery/Response — Submit 90% Plans, Specs, and OPCC to BCRUA. Receive, review, and respond to 90% design comments. 2.3. 100% PS&E Submittal 2.3.1. Update and issue final plans and project manual for Bidding purposes. ASSUMPTIONS • The recommendations from the Technical Memorandum phase and updated project limits/remediation areas defined in 4/30/2021 confirmation walk will form the basis of the final design. EXCLUSIONS • Exploratory bores/excavations/test pits • Topographical and/or boundary survey • ROW or easement parcel metes and bounds exhibits • ROW/easement acquisition services • Subsurface Utility Engineering data • Railroad permit applications • Permitting fees • TCEQ Edwards Aquifer Contributing Zone Plan (CZP) • Environmental/Cultural/Historical reports and/or permitting • Corrosion protection/control analysis and design • Pipeline relocation and/or modification design • Bid phase and construction phase services shall be scoped by a future supplemental amendment. B-3 of 3 EXHIBIT C Work Schedule Attached Behind This Page K FRIESE New Hope Drive 78-Inch172-Inch Settlement Remediation Design A`.}"` At r ExhibitC Project Schedule 10 Task Name Duration Start Finish Predec Complete Resource Names )?1'21 Aug'21 Sep'21 oct'21 Nxi% _ I _ __ 13 2D,,;7, 4 111,18,2S, 1_8 1122129 1 5 1 12 19 26 3 1 10 117 1 24 1 31. 7 . 14.21 2 1 New Hope Drive 78-inch/72-Inch Settlement Remediation C99 days Thu 6/24/21 Tue 11/9/21 0% �2 Notice to Proceed D days Thu 6124!21 Thu 6/24121 (M • 6/24 3 Task 1.0 Project Management 99 days Thu 6/24/21 Tue 11/9/21 2 0% 4 Task 1.1 Project Management/Administration 99 days Thu 6/24/21 Tue 11/9/21 0% Task 1.2 Quality Assurance/Quality Control 66 days Tue 8/10/21 Tue 11/9/21 0% 60%Submitta Review&Update 7 days Tue B 10!21 Wed 8?1812120 0% 7 90%Submittal Review&Update 5 days Mon 9/27/21 Fri 10/1/21 27,26 0% 8 100%Submitta Review&Update 5 days Wed 11/3123 Tue 11/9121 33 0% X 9 Task 1.3 Project Meetings and Status Reports 83 days Fri 6/25/21 Tue 10/19/2: 0% _ 10 Project Kickoff Meeting 1 day Fri 6/25/21 Fri 6/2$/21 2FS+1 d D% 11 60%Submittal Comment Review Meeting 1 day Fri 9/3/21 Fri 9/3/21 22F5+1 0% 12 90%Submittal Comment Review Meeting 1 day Tue 10/19/23Tue 10119/2330FS+1 0% 13 Traffic Control Review Meeting with City of Cedar 1 day Tue Tue 30FS+1 D% _ Park PW 10/19/21 10/19/21 day 14 Task 2.0 Final Design Services 89 days Thu 7/8/21 Tue 11/9/21 0% 15 Task 2.160%PS&E Preparation 47 days Thu 7/8/21 Fri 9/10/21 2FS+10 0% 16 Update Repa.r Areas 3 days Thu 7/8/21 Mon 7/12/212FS+S d D% 17 Traffic Control and Detour Plans 10 days Tue 7/13/21 Mon 7/26/2116 0% � is Prepare general notes,summaries,restriping,ESC, 10 days Tue 7/13/21 Mon 16 D% and detail sheets 7/26/21 19 Assemble Technical Specifications 5 days Tue 7/27/21 Mon 8/2/21 18 D% i 20 Prepare 60%OPCC{Estimate) 5 days Tue 8/3/21 Mon 8/9/21 19,17 0% law 21 60%Submittal 0 days Wed 8118/21 Wed 8/18/216 D% 4 8/1g 22 BCRUA Rev ew 10 days Thu 8/19/21 Wed 9/1/21 21 D% s 23 60%Comment Recovery/Response 5 days Mon 9/6/21 Fri 9/10/21 11 D% L 24 Task 2.2 90%PS&E Preparation 32 days Mon 9/13/21Tue 10/26/2'15 0% 25 Prepare 90%Plans and Details 5 days Mon 9/13/21 Fri 9/17/21 23 D% L 26 Contract Documents 5 days Mon 9/13/21 Fri 9/17/21 23 0% 27 Update Technical Specs and Special Provisions 5 days Mon 9/20/21 Fri 9/24/21 25 0% L 28 Prepare 90%OPCC(Estimate) 2 days Mon 9/27/21 Tue 9/28/21 27 0% 111 29 90%Submittal 0 days Fri 10/1/21 Fri 10/1/21 7 0% 0,10/1 30 BCRUA Review 10 days Mon 10/4/21 Fri 10/15/21 29 0% 31 90%Comment Recovery/Response 5 days Wed 10/20/2 Tue 10/26/2312 0% i 32 Task 2.3 100%PS&E Submittal 10 days Wed 10/27/:Tue 11/9/21 24 0% f 1 33 Update final 100%Plans,Project Manual,and Estimat 5 days Wed 10/27/2 Tue 11/2/21 31 0% L Task External Tasks Manual Task Finish-only Manual Progress �� NTP.6/24/20201 Split .... .. ... External Milestone Duration-only Deadline c Date Thu 6/3/21 Milestone ♦ Inactive Task Manual summary Rollup Critical 7 Completion Date 1110912021 Summary I Inactive Milestone Manual Summary r---- Critical Split Project Summary r --' "-- Inactive Summary Start-only Progress Page C 1 NHRd Settlement 72 78 Inch Design Exhibit{_V01 K;F R I'E S E New Hope Drive 78-Inch172-Inch Settlement Remediation Design v sl mi.0 ASIAQ.IA'E 5 Exhibit C Project Schedule io ask ;Duration Start IFintsh Predeca-3[.Complete RrceesouNames Jul'21 Aug'21 I 'Sep'21 Oct-2i ~�V INav'21 * _ _ 13120�27I 4_11_18_25115�_22 29 5 12 19.26I 3 ]0. 17 24,31 i. la 21 28 34_. SDO%Submittal _ 0 days Tue 11/9/21 Tue 11/9/21 8 0% • 11/9 Task Externa Tasks Manua Task Finish-only Manual progress NTP 6124/20201 Split ...... Externa Milestone Duration-only Deadline Date:Thu 603/21 ! Milestone • 'nactive Task Manual Summary Rollup Critical Completion Date.11/0912021 Summary 7 nactive M-kstone Manual Summary P-----—-—- Critical Split Prclect 5ummary nactive Summary Start-only C ProgressT Page C-2 NHFId Sq;i* "72 79-"PCIKJn-ERhihh C.1+#1 K FRIESE NEW HOPE DR 78-INCHl724NCH SETTLEMENT REMEDIATION DESIGN VERSION 2 0 z EXHIBIT D FEE SCHEDULE Billing Rate 5 250-00 $ 250 00,S 230.00 $ 185.00 S 140001 S 105.00 S 105.00 S 90.00 Project pro)- Pnrjeet Project Sr.CARD ar*ct Total sub. Principal IManigor !Manager Engineer Engineer EJT Technician Admirlbbretor labor Total Labor Consultant Expenses Total Task Hours Hours Hours Hoab Hour Hours hours Hours Hours Coat Coat Cost Coat 1 1 Project Manta ementrAdminlstrauon 4 months 1 9 5 IS 12 770 $2.770 1 2 QuaIV AssurancefOuall Control 8 8 8 4 29 $6 580 $6.580 1 3 Pm ct kkeeLn s d Status Reports 4 Meetin s 8 9 16 $2.5801 $65 $2.745 S.0 I Ta#k 1 8 9 25 4 0 8 0 3 59 $12,030 0 BS 512,095 T&A 2-Final 2WE Services 21 60%Plan Pre MIPOO 2 1 1 U aced Re air Plan La outs1 2 6 4 14 $1 720 $1.720 21 2 1 Traffic Control and Delour Plans 1 42 82 80 0 ? 204 $29540 $28 529,568 2.1 3 Generel Notes Reslnping Ptan.ESC Plans Standard Details 12 i6 8 36 $5,280 S5,280 2 1 4 Assemble Technical S cifiabons 2 e 12 22 $2.940 52.840 21 5 1 Prepare OPCC 1 4 e 12 24 S3,300 53,300 2 1.fi 6O'h Submetal and Comment ReeoverylRes nae 4 8 8 4 24 $3,300 1 S3,301) 2 2. 90%Plan and Pro ct Manual Pre artion SO 22 1 PreparalUpdate 90%Plans and Details 4 20 32 4 60 $7500 S7.500 Z 2 2 Prepare Contract Documents a 12 20 $3520 S3.320 22 3 Update Technral Sp±crfirations and Spec4al Provisions 4 9 12___1_ 24 $3300 $3,300 2 2 4 Pre"m OPCC 4 4 8 is $2320 S2.320 2.2 5 905.Submittal and Comment RecomylResponse 4 2 4 2 12 $1 930 57.830 2 3 mm0 Contract Documents 0 50 SO 2 3 1 U ate end issue lana antl re ci manual for Bidden 2 4 4 2 12 $1.850 51,650 Suataftl Task 2 0 0 92 0 156 196 24 0 466 66.100 0 32 66.128 F Project rQuis 117 154 1 204 24 3.vq 575, Page D-1 at 1 EXHIBIT E Certificates of Insurance Attached Behind This Page DATE(MMIDDYYYI A��>D` IY CERTIFICATE OF LIABILITY INSURANCE 1212312020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Risk Strategies NAME: Cameron Brown 12801 North Central Expy.Suite 1710 Dallas,TX 75243 EWIAAR°EM)' —214 503-1212 FAX (214)_50.3-8899 ADDREss certificatedallasgDrisk-strategies.com INSURE S AFFORDING COVERAGE MAIC 0 INSURER A: Berkshire Hathaway Specialty Ins Company 22276 INSURED INSURER B: Sentinel_Insurance_COmpany Ltd 11000 K Frlese&Associates, Inc. INSURER C: Hartford Fire InsuranceComps 19682 1120 S Cap of TX Hwy — —�--- CltyView 2, Suite 100 INSURER_D: Travelers Casually,Ins-Co-of America 19048 Austin TX 78746 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 59265484 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRR TYPE OF INSURANCE ADSL$UBR POLICY NUMBER POLICY UDDIYEYYY MM/DD LICYEXP LIMITS C TMERCIAL GENERAL LUIBILITY ✓ ✓ 84SBVVBA7667 1/1/2021 1/1/2022 EACH OCCURRENCE $1.00 000 CLAIMS-MADE ✓ OCCUR PREMISES Ewa occurrence S11,000,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY S11,000,000 GENL AGGREGATE LIMIT APPLIES PER G:NERAL AGGREGATE s2.000,000 RPOLICY 9✓ JEST I LOC PRODUCTS-COMPIOPAGG S2 000,000 OTHER S B AUTOMOBILE IJABILITY ✓ ✓ 84UEGZV5448 1/1/2021 1/1/2022 Ea acageD SINGLE LIMIT S1,000.000 ✓ ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Peracddenq S HIRED RON-OWNE ✓ AUTOS ONLY ✓ AUT S ONLOY PPB°acarjentMAGE $ 5 C / UMBRELLA uAB ✓ OCCUR ✓ ✓ 84SBWBA7667 1/1/2021 1/1/2022 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I ✓I RETENTION$10,000 S D WORKERS COMPENSATION ✓ UB5P02903A i 1/1/2021 1/1/2022 ,/ SERTUFE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNER/EXECUTIVE E L,EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N I A {Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 ,QQQ.QQQ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 5 1 000 000 A Professional Liability ✓ 47-EPP-309841-02 1/1/2021 1/1/2022 Per claimlAnnual Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The claims made professional liability coverage Is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies. RE:KFA#0739-13CRUA New Hope Drive 78-Inch172-Inch Settlement Remediation Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brushy Creek Regional Utility Authority(BCRUA) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rack TX 78664 AUTHORIZED REPRESENTATIVE Cameron Brown ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD .vj654$4 1 21+22 GL/AL/I1L/'4CIPL Ronna Dana 1 12/23!2020 4:57:07 PH (EST) Page I vi I ORIGINAL EXECUTED DOCUMENT TO FOLLOW.. . :e7ZBRUSHYCREEK REGIONAL UTILITY AUTHORITY A fr r. r1, p at C r{r r F.-k -Fan d.♦. —d q.—d R.,L BRUSHY CREEK REGIONAL UTILITY AUTHORITY CONTRACT FOR ENGINEERING SERVICES FIRM: K FRIESE & ASSOCIATES ("Engineer") ADDRESS: 1 120 S. Capital of Texas Highway, CityView 2, Suite 100, Austin, TX 78746 PROJECT: New Hoe Drive 78-Inch/72-Inch Settlement Remediation Design THE STATE OF TEXAS § COUNTY OF WILLIAMSON § ANTRA FOR ENGINEERING SERVICES ("Contract") is made and entered into on this they of , 2021 by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas cal 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. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, BCRUA and Engineer desire to contract for such professional engineering services; and WHEREAS, BCRIJA 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 5-/ Rev.06r 12 0140.4634-52; 00473922 196074 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 BCRUA SERVICES 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) 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. 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 Seventy-Eight Thousand Two Hundred Twenty-Three and No1100 Dollars ($78 2. 23.00) 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 (I) 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. 3 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 terms 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 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: Karen Bondy General Manager 221 E. Main Round Rock, TX 78664 Cell Number(512) 688-0475 Work Number(512) 215-9151 Email Address kbondy a,bcrua.ora 4 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: Jason Bybel, P.E., PMP Senior Engineer 1 120 S. Capital of Texas Highway, CityView 2, Suite 100 Austin, TX 78746 Cell Number(512) 913-4316 Telephone Number(512) 338-1704 Fax Number(512) 338-1784 Email Address ibybela,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. 5 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. 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. 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 IS 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 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 Services 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 hislher;'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. 9 Engineer shall also save and hold BCRUA harmless from any and all expenses, including but 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 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 from a company authorized to do insurance business in Texas and 10 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 term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. 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, TX 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. 31 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: Jason Bybel, P.E., PMP Senior Engineer 1 120 S. Capital of Texas Highway, CityView 2, 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 hislherlits delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to 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. (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 l:i 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: REJE FLORES, Pre Iden Stepha L. Sheets, BCRUA Attorney ATTEST: r By: kk ANNE UFFY, BCR Secretary K FRIESE & ASSOCIATES By: Signature of Princcii a Printed Name: RomAtb M. Qwacs� TE. 14 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 The Brushy Creek Regional Utility Authority (BCRUA) will provide the following information and other assistance to K Friese & Associates, (Engineer) that the BCRUA deems appropriate and necessary. 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the BCRUA will provide one copy of such information in a format chosen by the BCRUA. 2. Clear direction and/or response to questions or requests made by the Engineer in the course of the Engineer's performance of services. 3. Timely review of deliverables that have been properly completed and submitted by the Engineer, and timely provision of comments, if any, to the Engineer resulting from said reviews. EXHIBIT B Engineering Services UNDERSTANDING The Brushy Creek Regional Utility Authority (BCRUA) owns/operates a 78-inch/72- inch treated water transmission main within the New Hope Drive Right-of-Way (ROW). The transmission main was constructed in conjunction with the East and West New Hope Drive (Road) improvement projects and completed in 2008. Significant settlement along apparent transmission main trench has been observed over the past several years between Clover Lane and Discovery Boulevard (approximately 1.5 miles) and continues to worsen. K Friese & Associates, Inc. (KFA) has recently prepared a technical memorandum that identified areas of settlement and proposed repair strategies along New Hope Drive, identifying the root cause(s), and preparing a remediation/repair plan to protect the transmission main and repair the roadway pavement and sidewalk structure and functionality. KFA confirmed repair locations along the corridor with stakeholders on 413012021. KFA will utilize as-built data and available GIS/CAD resources; the remediation recommendations from the technical memorandum; and confirmed repair locations as the basis of design. KFA will prepare 90% Review and 100% plans, specifications, and estimate (PS&E) for bidding purposes to repair the subgrade, pavement, sidewalk, curb, gutter, and revegetate along the affected transmission main route. The plans will include detailed traffic control plans and detours required to complete the work. Anticipated plan sheets (11" x 17" sheets) to be prepared for this assignment include: • 1 —Cover • 1 —General Notes Sheet • 1 —Quantity Summary Sheet + 4—Project Layout Sheets • 2—Repair Detail Sheets • 7—Traffic Control Plan Sheets • 12—TxDOT Traffic Control Detail Sheets It is anticipated that bid phase and construction phase services will be added as a supplemental amendment as the level of materials testing and construction inspection/observation is determined. Items not anticipated for this assignment which have not been included in this Scope of Services are as follows: pavement assessment; boundary or topographic survey; metes and bounds for easements; easement acquisitions; corrosion protection/control engineering; environmental studies; permitting fees; railroad permit applications; subsurface utility investigations and utility locating (SUE Level "B" or Level "A"). SCOPE OF SERVICES 1. PROJECT MANAGEMENT 1.1. Project Management/Administration — This task includes routine communication with the BCRUA; managing manpower, budgets, and B-1 of 3 EXHIBIT B Engineering Services schedules; invoicing; implementing and monitoring of QA/QC efforts; and other activities associated with managing the project, 1.2. Quality_Assurance/Quality Control — KFA will implement Quality Assurance activities throughout the project and will utilize uninvolved senior KFA Engineers and Project Managers to perform Quality Control reviews of deliverables prior to submission. 1.3. Project Meetings and Status Reports — KFA will attend coordination and status meetings with the BCRUA to discuss testing plans, test results, and repair recommendations. KFA will schedule, prepare agendas, and draft minutes for each meeting to document discussions and key decisions. KFA will also submit monthly status reports to the BCRUA documenting progress, budget, and schedule. KFA anticipates the following meetings: 1.3.1. Kickoff Meeting 1.3.2. 60% Comment Review and Bid/Contract Preparation Meeting with BCRUA and Stakeholders 1.3.2.1. Review schedule 1.3.2.2. Determine standard bid/contract documents to be utilized 1.3.2.3. Determine bid schedule 1.3.3. 90% Comment Review and Bid/Contract Preparation Meeting with BCRUA and Stakeholders 1.3.4. Traffic Control Review Meeting with City of Cedar Park 2. FINAL DESIGN SERVICES 2.1. 60% Pians, Specifications, and Estimate (PS&E) Preparation - KFA will prepare design plans, details, specs, and OPCC (Estimate) including: 2.1.1. Updated pavement, sidewalk, and ramp repair areas, per 4/30/2021 site walk. 2.1.2. Traffic Control and Detour Plans — Develop TCP; prepare traffic control intersection layout design and interim signing; traffic control/detour assessment; develop written narrative of construction sequencing; develop traffic control typical sections, layouts, and advance warning lights; develop sidewalk and curb ramp layouts; assemble traffic control details; and tabulate quantities and prepare estimate. 2.1.3. Prepare general notes, summary sheets, restriping plan, erosion/sedimentation control plans, and standard details. 2.1.4. Assemble Technical Specifications relative to project. 2.1.5. Prepare 60% OPCC B-2 of 3 EXHIBIT B Engineering Services 2.1.6. 60% Submittal and 60% Comment Recovery — Submit 60% Plans, Specs, and OPCC to BCRUA. Receive, review, and respond to 60% design comments. 2.2. 90% PS&E Preparation — KFA prepare contract documents, final plans. details, and OPCC including: 2.2.1. Prepare 90% Plans and Details—Update plans and details. 2.2.2. Contract Documents — KFA will work with BCRUA and stakeholders to prepare bid and contract documents. 2.2.3. Update Technical Specifications and Special Provision — Update Technical Specifications and prepare Special Provisions to Standard Specifications, as necessary. 2.2.4. Prepare 90% OPCC 2.2.5. 90% Submittal and Comment Recovery/Response — Submit 90% Plans, Specs, and OPCC to BCRUA. Receive, review, and respond to 90% design comments. 2.3. 100% PS&E Submittal 2.3.1. Update and issue final plans and project manual for Bidding purposes. ASSUMPTIONS • The recommendations from the Technical Memorandum phase and updated project limits/remediation areas defined in 4/30/2021 confirmation walk will form the basis of the final design. EXCLUSIONS • Exploratory bores/excavations/test pits • Topographical and/or boundary survey • ROW or easement parcel metes and bounds exhibits • ROW/easement acquisition services • Subsurface Utility Engineering data • Railroad permit applications • Permitting fees • TCEQ Edwards Aquifer Contributing Zone Plan (CZP) • Environmental/Cultural/Historical reports and/or permitting • Corrosion protection/control analysis and design • Pipeline relocation and/or modification design • Bid phase and construction phase services shall be scoped by a future supplemental amendment. B-3 of 3 EXHIBIT C Work Schedule Attached Behind This Page K•F R I E S E New Hope Drive 78-inch/72-Inch Settlement Remediation Design Version 1.0 • ASSOCIATES Exhibit Project Schedule -�I ID 'Task Name (IDuration 'Start Finish Predecpi%Complete Resource Names Jul'21 Aug'21 Sep'21 Gett-21 INov'21 13_202:7 11 18_25 1 8I15I22.29.5..12_19L263J1At17,24„1 7 1 New Hope Drive 78-Inch/72-Inch Settlement Remediation C99 days Thu 6/24/21 Tue 11/9/21 0% 2 Notice to Proceed 0 days Thu 6/24/21 Thu 6/24/21 0% • 6124 3 Task 1.0 Project Management 99 days Thu 6/24/21 Tue 11/9/21 2 0% IFT i 4 Task 1.1 Project Management/Administration 99 days Thu 6/24/21 Tue 11/9/21 0% 5 Task 1.2 Quality Assurance/Quality Control 66 days Tue 8/10/21 Tue 11/9/21 0% 6 60%Submittal Review&Update 7 days Tue 8/10/21 Wed 8/18/2120 0% "or 7 90%Submittal Review&Update 5 days Mon 9/27/21 Fri 10/1/21 27,26 0% 8 100%Submittal Review&Update 5 days Wed 11/3/21 Tue 11/9/21 33 0% 9 Task 1.3 Project Meetings and Status Reports 83 days Fri 6/25/21 Tue 10/19/2: 0% r 10 Project Kickoff Meeting 1 day Fri 6/25/21 Fri 6/25/21 2F5+1 d 0% 11 60%Submittal Comment Review Meeting 1 day Fri 9/3/21 Fri 9/3/21 22F5+1 0% 12 90%Submittal Comment Review Meeting I day Tue 10/19/21Tue 10/19/2330FS+1 0% 13 Traffic Control Review Meeting with City of Cedar 1 day Tue Tue 30F5+1 0% Park PW 10/19/21 10/19/21 day 14 Task 2.0 Final Design Services 89 days Thu 7/8/21 Tue 11/9/21 0% 15 Task 2.160%PS&E Preparation 47 days Thu 7/8/2I Fri 9/10/21 2F5+10 0% 16 Update Repair Areas 3 days Thu 7/8/21 Mon 7/12/212FS+5 d 0% 17 Traffic Control and Detour Plans 10 days Tue 7/13/21 Mon 7/26/2116 0% � 18 Prepare general notes,summaries,restriping,ESC, 10 days Tue 7/13/21 Mon 16 0% and detail sheets 7/26/21 19 Assemble Technical Specifications 5 days Tue 7/27/21 Mon 8/2/21 18 0% 20 Prepare 60%OPCC{Estimate) 5 days Tue 8/3/21 Mon 8/9/21 19,17 0% 21 60%Submittal 0 days Wed 8/18/21 Wed 8/18/216 0% 0 8/18 22 BCRUA Review 10 days Thu 8/19/21 Wed 9/1/21 21 0% 23 60%Comment Recovery/Response 5 days Mon 9/6/21 Fri 9/10/21 11 0% L 24 Task 2.2 90%PW Preparation 32 days Mon 9/13/21 Tue 10/26/2:15 0% 25 Prepare 90%Plans and Details 5 days Mon 9/13/21 Fri 9/17/21 23 0% L 26 Contract Documents 5 days Mon 9/13121 Fri 9/17/21 23 0% 27 Update Technical Specs and Special Provisions 5 days Mon 9/20/21 Fri 9/24/21 25 0% L 28 Prepare 90%DPCC(Estimate) 2 days Mon 9/27/21 Tue 9/28/21 27 0% 29 90%Submittal 0 days Fri 10/1/21 Fri 10/1/21 7 0% 10/2 30 BCRUA Review 10 days Mon 10/4/21 Fri 10/15/21 29 0% 31 913%Comment Recovery/Response 5 days Wed 10/20/2 Tue 10/26/2312 0% 32 Task 2.3 100%PS&E Submittal 10 days Wed 10/27/:Tue 11/9/2124 0% 33 Update final 100%Plans,Project Manual,and Estima15 days Wed 10/27/2 Tue 11/2/21 31 0% Task External Tasks Manual Task Finish-only I Manual Progress NTP:6/24/20201 Split .... .. External Milestone • Duration-only Deadline A Date Thu 6/3/21 Milestone • Inactive Task Manual Summary Rollup Critical Completion Date:11/09/2021 Summary f-1 Inactive Milestone Manual Summary 1—`--"r- Critical Split Project Summary Inactive Summary Start-only Progress Page C.1 NHRd Settlement 72-78-Inch Design Exhibit C VOS K-F R I E S E New Hope Drive 78-Inch/72-Inch Settlement Remediation Design venkwL 10 ASgpclxl t:s Exhibit C Project Schedule to 7.sk Name Duration Start ,iFimsh PredeceirA Complete Resource Names lul'21 Aug'21 Sep'21 .Oct'21 I Nov'21 13 120127 4 11 1825 1 1 8 1 1122 29_ S ,12.1926 1.3 10-.1?-24-3l- 7 14 2 34 19096 Submittal _ 0 days Tue F1/9/21 Tue 11/9/21 8 096 Task Externa Tasks C� Manual Task Fin sh-only Manual Progress NTP 6124/20201 split .... ..... Externa Milestone Duration-only Deadline A Date Thu 6/3/21 Westone ♦ Inactive Task Manual Summary Rollup Cntica' Completion Date:11/09/2021 Summary I Inactive M lestone Manual summary Critical Split Project Summary Inactive Su mmary Start only L Progress Page C 2 NHRd Settlement 7278-Irtth Design•Exhibit C VOl C K FRIESE NEW MOPE DR 784NCFU72-INCH SETTLEMENT REMEDIATION DESIGN VERSION 2 0 EXHIBIT D FEE SCHEDULE Billing Rate S 250-00 5 250-00 S 230.00 S 185.00 $ 140.00 S 105.00 s .0300;S to GO senior sefflor Project Prolan Projaot Pfojael sr.CAM Project Twat sub- Princlpa! Manager hangar E NFhwar Engineer EIT Technician Adnsrrfah for Labor Total tabor Conwltant Expenses To ll Task Hours Hours Hours Hca= Moen Nous Hrnee Nours Floes cost Cost Coat Cant 1 1 - 'Proje,ManagemenllAdmimstrabon 4 months 1 9 15 $2,770 $2775 1 2 �Oua q AssurrncelOuai Control 8 8 8 4 :s 56,580 56,580 1 3 Project Meehn s d Stalus Re ma 4 Meetings) 6 B 15 $2,600 $6 $2.745 Suteatat Task 7 a 9 25 4 0 a 0 5 59 $12.030i SO $65 5125095 Task 2-Fina!Gazilift Services 2 1 53Y Plan Pre"m 2 1 7 I Updated Repal Plan La ou1S 2 8 41 t 51 720 $1.720 2 1 2 -rafhc Contra and Detour Plans 42 E7 80 � 3 204 $29,540 S2 $29.568 i13 General Notes Restnping Plan ESC PIanS 5tandsrd Details 12 16 8 M 55.280 $5.280 2 1 4 Assemble Technical Speaficafions 2 S 12 22 $28401 $2,840 2 1 5 Prepare OPCC 4 s 12 24 53.300 33.30 2 1 6 60%Submdtal and Comment RecoverylResponse 4 5 8 4 24 $3.300 33.30 22 90%Plan and Pm C Manual Aro Non 30 —22.11 Pre aratU ate 90.6 Plans and Details 4 73 32 4 60 $75001 $7.5 2.2.2 Prepare Contract Documents a 1 12 2.34$3.5201 $3,520122 3 U ate Technical S cificaooes and S cial Provisions 4 8 12 24 53,3 22.4 Pie are OPCC 4 4 0 16 $2.3201onmenl Rewveyfes nse 4 2 4 2 12 51 83 23 100%Contract Documents 0 S 2 3 1 U ale and issue ans and roect manual for Bidden 2 4 4 2 12 $1.65 Subtatal Task 2 0 0 92 0 358 146 24 0 468f0 520 588,120 eta Page D-1 of 1 EXHIBIT E Certificates of Insurance Attached Behind This Page ACORDa DATE(MWDD+YYYY) `� CERTIFICATE OF LIABILITY INSURANCE 12/2312020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Risk Strateg'es NAME: Cameron Brown 12801 North Central Expy. Suite 1710 PHONE 214 503-1212 FAX UVc,N9.E;atf:.__—( [+mac,root:_ {214).503-8899 Dallas,TX 75243 E-MAIL ADDRESS: certificatedallas@tisk-strategies.com INSURERtS)AFFORDING COVERAGE NAIC# INSURER A: Berkshire Hathaway Specialty Ins Company 22276 INSURED INSURER B: Sentinel Insurance Company Lid 11000 K Friese&Associates, Inc INSURER C: Hartford Fire Insurance Company 196$2 1120 S Cap of TX Hwy Cityview 2, Suite 100 INSURER D: Travelers Casualty lns Co of America 19046 Austin TX 78746 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 592654844 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS iNSR TYPE OF INSURANCE ADDL VUBR POIJCY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDrIfYYY MMIDDIYYYY C TMERCIAL GENERALLIABILITY ✓ ✓ 84SBWBA7667 1/112021 1/1/2022 EACHOCCURRENCE $1004000 CLAMS-MADE FI OCG..R R-CfAEMIiES(Ea TE[5 PREMISES Ea occurrence) $1,000.000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000.000 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000.000 POLICY L PRO- JECT LOC PRODUCTS•COMP/OP AGO $2,000,000 OTHER $ B AUTOMOBILE LIABILITY ✓ ✓ 84UEGZV5448 1/1/20.21 1I1I2Q22 CC ED $1,000,000 IANY AUTO BODILY INJURY(Per person) $ OWNED SC.HEOL_EDAUTOS ONLY AUTOSBODILY INJURY(Per student) 5 HIRED NON{)WNED PROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY Per a.'I.nl C �/ UMBRELLA LIAB ✓ LX:CUR ✓ ✓ 84SBWBA7667 1/1/2021 1r 112022 EACH OCCURRENCE s 5,000 000 EXCESS L1AB CLAIMS-MADE AGGREGATE $5,000.000 DED I ✓I RETENTIONS 10,000 $ 0 WORKERS COMPENSATION UB5P02903A 1/1/2021 1!112022 / STATUTE ERH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNERlEXECUTIVE EL EACH ACCIDENT 51,000,000 OFFICERIMEMBEREXCLUDEO? r N 1 A (Mandatory In NH) E L DISEASE-EA EMPLOYEE S j,QQQ 000 If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT 1$1,000,000 A Professional Liability ✓ 47-EPP-309841-02 1/1/2021 1/1/2022 Per clainVAnnual Aggregate $5.000000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 704-Additional Remarks Schedule,may be attached if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible Thirty(30)day notice of cancellation in favor of certificate holder on all policies. RE:KFA#0739-BCRUA New Hope Drive 78 Inch/72-Inch Settlement Remedlatlon Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Brushy Creek Regional Utility Authority (BCRUA) THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock TX 78664 AUTHORIZED REPRESENTATIVE Cameron Brown- ) � OO 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 59265484 1 21/22 GL/AL/UL/WC/PL I Roma Dans 12:27/292) 4:S?:6? PM IEST) I Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete tilos.i-4 and 6 if there are interested parties. OFRCE USE ONLY Complete Nos.1,2.3.5,and 6 4 there are no interested parties CERTIRCATION OF FILING 1 Name of business entity filing fort,and the city,stare and country of the business entity's place Certificate Number: of business. 2021-766087 K Friese+Associates Austin,TX United States Date Filed: 2 Name of governmental endty or state agency that is a parry to the contract for which the form Is 06/14/2021 being filed City of Round Rock Date Acknowledged: 3 Provide the identification number used by the govemmental entity or sate agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. New Hope-BCRUA Professional Engineering Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Internwdlary Friese, Karen Austin,TX United States X 5 Check only if there is No Interested Party. ❑ 6 UNMNORN DECLARATION My name is Thomas M. Owens, P.E. and my date ofbirth Is Myaddress is 1120 S. Capital of Texas Highway Austin TX 70746 USA (street) (city) (state) (zip code) (COW") I declare under penalty of perjury that Itte foregoing is true and correct. Executed in Travis County, State of Texas ,on the 14 day d. ,J_U ,20_2,t. (mmth) (year) i Signature of autho zed agent of contracting business entity (Declarant) Forms provided by texas Ethics Commission www.ethtcs.state.tx.us Version Vl.l.ceffd98a CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-766087 K Friese+Associates Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06114/2021 being filed. City of Round Rock Date Acknowledged: 0611812021 3 Provide the identification number used by the governmental entity or state agency to track or identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. New Hope-BCRUA Professional Engineering Services 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Friese, Karen Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) ;r ty) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct Executed in County, State of on the day of ,20 (month) (year} Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.eth cs.state.tx.us Version V11.ceffd98a