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Contract - K. Friese & Associates, Inc. - 10/22/2015 ' ROUND ROCK,TEXAS PURPOSE.PASS10k PROSPERM.. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: K FRIESE & ASSOCIATES, INC. ("Engineer") ADDRESS: 1120 S. Capital of Texas Highway,Building 2, Suite 100, Austin, TX 78746 PROJECT: Kensington Detention and Channel Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON § T�CONTRAC FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the ay of , 2015 by and between the CITY OF ROUND ROCK, a Texas home- rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 04/13 0199.1547;00343114 00296523 1 Zf/Lam✓ � �� CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled"City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Contract. Engineer shall be paid on the basis of actual hours worked by employees performing work associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the actual costs. The maximum amount payable under this Contract, without modification of this Contract as provided herein, is the sum of One Hundred Sixty-Nine Thousand Eight Hundred Forty-Three and No/100 Dollars, ($169,843.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering Services". Satisfactory progress of work shall be an absolute condition of payment. The maximum amount payable herein may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve 3 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Lance Shellenberger Project Manager 2008 Enterprise Drive Round Rock, TX 78664 Telephone Number(512) 218-6609 4 Mobile Number(512) 801-0668 Email Address lshellenberger@roundrocktexas.gov City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Joseph F. Goessling, P.E. Project Engineer 1120 S. Capital of Texas Highway, Building 2, Suite 100 Austin, TX 78746 Telephone Number(512) 338-1704 Fax Number(512) 338-1784 Email Address jgoessling@kfriese.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. ARTICLE 15 PERSONNEL,EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty-day notice period shall not exceed the amount charged during the preceding thirty(30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer shall also save and hold City harmless from any and all expenses, including but not , limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON-COLLUSION,FINANCIAL INTEREST PROHIBITED (1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 11 otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Joseph F. Goessling, P.E. Project Engineer 1 l20 S. Capital of Texas Highway, Building 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 City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above-stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF OUND ROCK, TEXAS APP ED A TO ORM: By: Alan McGraw, Mayor <4Ste Sheets, City Attorney ATTEST: By: 4_Nt�- R�� Sara L. White, City Clerk K FRIESSEE &/ASSOCIATES, INC. By: ` Signature of Principal Printed Name: Thomas M.Owens,P.E.,Executive Vice President 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 Exhibit A City Services The City of Round Rock (City) will provide the following information and other assistance to K Friese & Associates, Inc. (Engineer) that the City deems appropriate and necessary. 1. Any readily available pertinent existing information relating to the services to be performed by the Engineer; the City will provide one copy of such information in a format chosen by the City. 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 1. PROJECT DESCRIPTION The Engineer, K Friese & Associates, Inc. (KFA), will perform design services for a regional stormwater detention pond and channel repairs for the tributary known as Dry Branch Tributary 1 traversing through the Kensington Place Neighborhood. The goal of the stormwater detention facility is to reduce the frequency of flooding in the vicinity of the intersection of Gattis School Road and Greenlawn and to reduce the erosive velocities through Dry Branch Tributary 1. A Preliminary Engineering Report (PER) titled "Kensington Place and Windy Park Tributaries Drainage Improvements" dated July 8, 2015 was previously performed by RPS for the City. The PER identified alternative solutions for the tributary and the City has selected to proceed with detention and channel repairs similar to the "Small Detention Facility" alternative. Plans, Specifications and Estimates (PS&E) will be developed for these detention and channel repairs. KFA will review the data provided in the PER and also consider other options to maximize the detention volume and peak flow mitigation using the parcel and easements identified in the PER and/or by the City. KFA will obtain a land surveying sub-consultant for topographic and boundary services, an Environmental sub- consultant to determine the necessary permits, prepare these permits, and address any comments to obtain the permits, and a Geotechnical Services sub-consultant in order to inform the design of the embankments. 2. SCOPE OF SERVICES The scope of services for this project is divided into the following tasks: Task 1 — Surveying Task 2 — Environmental Studies Task 3 — Geotechnical Services Task 4 — Project Management Task 5 — Preliminary Engineering Task 6 — Design Services Task 7— Bid and Construction Phase Services 2.1.SURVEYING Design Survey will be provided by the Wallace Group (TWG) with the following detail and assumptions. 2.1.1. Establish Horizontal &Vertical Control • The non-detailed surveyed area is anticipated to be approximately 19 acres. • TWG will utilize both GPS and traditional methods to survey, whichever is deemed best for a particular situation. B-1 of 11 EXHIBIT B Engineering Services 2.1.2. Perimeter Topo, Visible Utilities, Trees, Etc. • Perimeter in detail, back of curb and sidewalk nearest to limits of detention pond. • All headwalls draining to future pond. • Channel drop structures and culvert headwall. • Bottom of pond (where accessible). • Boundary Controls • Tree survey 8-inch and larger except Hackberry, Chinaberry, Chinese Tallow, Osage-orange and Texas Common Cedar. • One call for sub-surface utilities along south side of Dell Way and north side of SH-45. • Edge of curb/sidewalk on south side of Dell Way • Obtain flow line elevations & pipe sizes (if ascertainable) for wastewater and storm drain manholes within the limits of the survey area. 2.1.3. Cross-Sections at 200' Intervals (approx. 9) • Cross sections through pond on approximate 200-ft spacing. 2.1.4. Locate Wetland Markings • Wetland marking delineated as part of Task 2 will be surveyed. TWG made the following assumptions in preparing this proposal: • City of Round Rock will obtain necessary right-of-entry from affected landowners. • TWG will conduct the necessary research in order to obtain plats to help us establish the applicable boundaries or rights-of-way adjacent to the channel. • All horizontal and vertical data will be based on the City of Round Rock control network (Texas State Plane Coordinate System, Central Zone, NAD83 & NAVD88). • TWG will set three horizontal control points and two benchmarks within the limits of the area to be surveyed. • We will contact Texas One-Call (Texas 811) for marking of underground utilities and will field locate paint marks and pin flags. • All survey data will be reviewed by a Registered Professional Land Surveyor. • TWG will utilize both GPS and traditional methods to survey, whichever is deemed best for the particular situation. • The TWG field crew will consist of 2 or 3 men wearing easily identifiable uniforms with lime green safety vests and their crew truck will have the company name on the side. • TWG will deliver a hard copy of the survey, graphics of the survey in .dwg or Agn format, and labeled survey shots, with the corresponding *.tin file in Microstation Format. B-2 of I I EXHIBIT B Engineering Services 2.1.5. Downstream Drop Structures • Provide horizontal and vertical detailed survey on three (3) concrete drop structures downstream of Dell Way. 2.2. ENVIRONMENTAL STUDIES Environmental Study will be provided by the ACI Group (ACI) with the following details. This task shall include an environmental study to obtain the necessary permits or clearances to perform the anticipated regional detention pond on the site. The project will not be receiving federal funds. 2.2.1. Delineation of Jurisdictional Waters/Wetlands ACI consulting will perform a review of existing Preliminary Engineering Report, the most currently available aerial photographs, topographical maps, the National Wetlands Inventory (NWI) database, soil surveys, USGS Quadrangles, jurisdictional waters assessments and wetlands determinations previously performed in the area, and conduct the appropriate field work necessary to delineate USACE jurisdictional waters and potential wetlands within the Dell Way pond site. The wetland delineation will follow the USACE 1987 Wetland Manual and the current Regional Supplement applicable to the site. The findings of Task 2.2.1 will be incorporated into an Environmental Constraints Report. 2.2.2. Endangered Species Assessment ACI consulting will perform an evaluation for the Dell Way Pond Site for federally listed species known to occur in Williamson County, Texas. A visual inspection of habitat within the project area will be conducted. ACI consulting will also review existing habitat information including the existing Williamson County Regional Environmental Assessment/Habitat Conservation Plan (Wilco HCP). All potential habitat within the project area will be identified and incorporated into an Environmental Constraints Report. 2.2.3. Cultural Resources Survey ACI consulting will conduct an archeological survey of the Dell Way Pond study area. This task includes the preparation of a Texas Historical Commission (THC) Antiquities Code permit application. The THC permit application process includes a review of the Texas Archeological Sites Atlas to determine if any area within the project has been previously surveyed and will not require survey. The permit application will be provided to the client for review, comment, and signature prior to submission to the reviewer at the THC. The cultural resources survey will include pedestrian survey, shovel testing, site photography, recording and delineation of any newly discovered archeological resources, assessments of site eligibility for inclusion on the National Register of B-3 of 11 EXHIBIT B Engineering Services Historic Places or for listing as State Antiquities Landmarks, data analysis, and report preparation in accordance with THC and Council of Texas Archaeologists (CTA) standards. According to the soils data in the APE, backhoe trenching to determine the presence of deeply buried cultural deposits should not be necessary due to the lack of deep sediments in the area. The reporting will involve the analysis of the data collected from the field work and the production of a draft report submitted to the client and to the THC for approval and concurrence. The final approved report will be produced and distributed to repositories as a requirement of the THC permit. This will be a non-collection survey so no artifacts will be collected as part of this effort and, therefore, no artifact curation will be required. All field documents and photographs will be curated for submittal to TARL as required by the THC Antiquities permit. Task 2.2.3 does not include: • Phase II archeological testing (in cases where impacts from the project are unavoidable and potentially significant archeological deposits are present). • The archeological recovery of any human burials, should they be discovered during the field survey. Any necessary mitigation of human interments will require a separate scope and cost. 2.2.4. Preliminary Development of USACE NWP Submittal Based on review of the Preliminary Engineering Report and discussions with K Friese & Associates representatives, ACI anticipates the project pursuing Section 404 authorization under the Nationwide Permit (NWP) process, most likely NWP #27. Task 2.2.4 includes the development of the Pre-construction notification (PCN) packet for submittal to the USACE. This packet will include various elements from Task 2.2.1, 2.2.2, and 2.2.3 as well as additional information from the Project Engineer and development by ACI. It is anticipated the NWP PCN packet would require a detailed alternatives analysis; avoidance, minimization and mitigation detail; preliminary mitigation plan; and other elements. To be authorized under NWP #27, discharges cannot cause loss of greater than 0.50-acre of waters or wetlands of the U.S. and the project would likely require a waiver from the 300-foot rule under the NWP process. This task does not include the preliminary development of an Individual Permit (should the project not qualify for the NWP process due to impacts exceed the requisite thresholds). 2.2.5. Processing USACE NWP Application After submittal of the application to USACE, ACI will process the NWP application through the authorization process with the USACE. This task is anticipated to include various rounds of comment/revision of the document and may include site visit by the USACE or meeting at USACE offices in Fort Worth. This effort will involve the project manager and resource specialist on the project. B-4 of 11 EXHIBIT B Engineering Services 2.2.6. Project Coordination and Management As part of the invoicing procedures, ACI will provide documentation related to schedule updates, progress reports, and document control in months when ACI invoices. This task is anticipated to occur within one calendar year, but only within months when ACI is submitting a progress invoice. ACI will attend a project kickoff meeting and up to two (2) progress meetings at the request of the client. ACI will prepare for and participate in the meetings. 2.3. GEOTECHNICAL SERVICES Geotechnical Services will be provided by the Arias GeoProfessionals (Arias) with the following details. The geotechnical services are based on the assumption that the embankments will be less than 6 feet, and will be exempt from TCEQ Dam Safety guidelines and review. The site is mapped as being underlain by high plasticity clay and shale of the Eagle Ford formation. Surficial outcropping of the Austin Group limestone is near the site. Locally, the Eagle Ford is comprised of four members, youngest to oldest: South Bosque, Bouldin Flags, Cloice, and Pepper Shale. The basal member Pepper Shale is known to have a weak secondary structure. The Bouldin Flags includes limestone "flags" or layers which can weather in-place to produce gravel and horizontally transmit groundwater. Accordingly, Arias proposes the following drilling scope: Location Boring No. of Total depth, ft Borings Footage Embankment along Dell Way 25 3 75 Embankment near middle of channel 20 2 40 Total 115 The following sections present the approach to the geotechnical field investigations. 2.3.1. Field Exploration/Sampling 2.3.1.1. Planning and Coordination The borings will be established in areas accessible to our truck mounted drill rig. Arias has included a day of backhoe and operator rental, and this equipment may be used to clear vegetation to some of the boring locations. However, Arias will not be able to drill borings in low-lying wet areas. Once boring locations are established and staked, Arias will notify DIGTESS within 72 hours of drilling. Upon clearance of the staked locations by the utility protection B-5 of 11 EXHIBIT B Engineering Services center, the drilling will be scheduled. Planning and coordination of boring locations takes three weeks before borings can be drilled. 2.3.1.2. Drilling and Sampling The borings will be advanced using augering and sampling techniques. Rotary core sampling of the rock material will be performed in all borings, if encountered. Arias will retain a subcontract driller to perform drilling. Arias personnel will locate the borings, direct the sampling efforts, and visually classify recovered samples. Overburden soils will be sampled by either pushing a thin-walled tube (ASTM D 1587) or with a split barrel sampler (ASTM D 1586). Rotary rock coring will be performed in general accordance with ASTM D2113. If encountered, groundwater levels within the open borehole will be recorded at the time of drilling and immediately following drilling. Boreholes will be backfilled with soil cuttings and bentonite. 2.3.1.3. Borrow Study In addition to soil test borings, Arias proposes to use a rubber tire backhoe to excavate test pits in readily accessible areas, for the purpose of investigating potential soil borrow areas. Only limited site clearing of small trees and brush is planned. Arias will subcontract with a backhoe and operator. Arias personnel will direct and observe the test pits, document subsurface conditions and collect representative samples for laboratory testing. 2.3.2. Laboratory Testing Laboratory testing will be performed on recovered samples selected by the geotechnical engineer to aid in soil classification and to measure engineering properties. Laboratory testing is expected to include moisture content, Atterberg limits, grain size analyses, consolidation testing, direct shear testing, and unconfined compression strength testing of soil and rock cores. The actual laboratory program will depend upon the type of soils encountered. 2.3.3. Reporting Arias will issue one report, prepared by a professional engineer licensed in the State of Texas. The report will include: • Description of the field exploration program; • Description of the laboratory testing program and results; • Soil boring plan that depicts boring locations on a base map provided by Client. Borings will be located in the field using a hand-held GPS device accurate to about 10 horizontal meters; • Soil boring logs with detailed descriptions and soil classifications based on the Unified Soil Classification System (ASTM D 2487); B-6 of 11 EXHIBIT B Engineering Services • Discussion of area geology, and subsurface information including stratigraphy and generalized subsurface conditions; • Depth to groundwater, if encountered, and comments regarding potential impact on construction; • Results of seepage, stability and settlement analyses based on one or two proposed embankment configurations determined to be critical or representative sections; • Preliminary recommendations for embankment construction and slopes, including borrow study findings; • Preliminary recommendations for foundation construction of inlet and outlet structures, as needed; and • Comments regarding excavation potential and groundwater. 2.4. PROJECT MANAGEMENT This task includes routine communication with the City; managing sub-consultants, manpower, budgets, and schedules; invoicing; implementing and monitoring of QA/QC efforts; and other activities associated with managing the project. KFA will budget for two progress meetings during the Preliminary Design Phase, including meeting preparation and minutes. The meetings will be to review the survey and environmental data and how potential design alternatives may differ from the PER. KFA will also submit monthly status reports with monthly invoices to the City documenting progress, budget, and schedule. 2.5. PRELIMINARY ENGINEERING 2.5.1. Data Acquisition and Verification This task will include a site visit to document field conditions. It will include the collection of various data such as existing plans, utility information, LiDAR data, easement documents. This task also includes a review of the hydrologic and hydraulic models received with the PER to confirm the methodology and results. 2.5.2. Hydrologic Modeling The basis for the model will be the hydrologic model included in the PER, this model will be validated based on project survey and easement data to create an existing conditions model. The existing conditions model will include the offsite areas draining to the roadway channel parallel to Dell Way. KFA will build on the proposed model included in the PER and make modifications to the model to maximize the detention volume and peak flow mitigation using the available parcel and easements but with the goal of not creating regulated dams under state rules. B-7 of 1 1 EXHIBIT B Engineering Services 2.5.3. Hydraulic Modeling Hydraulic modeling will be performed in order to optimize the outlet structures and develop stage storage outfall curves for the proposed detention pond. The hydraulic model included in the PER for the downstream channel will be updated with the proposed attenuated peak flow. Channel stability and erosive velocities will be reviewed with this updated model. The recommendations for channel improvements in the PER will be reviewed based off the new velocities. The hydraulic model of the culvert under Dell Way will be reviewed and updated based of survey data. An additional hydraulic model will be created to model the roadside channel parallel to Dell Way. If the channel is incorporated into the pond design the hydraulic model will be modified to verify there are no negative impacts to upstream water surface elevations. 2.5.4. Technical Memorandum KFA will summarize the findings from Preliminary Engineering in a Technical Memorandum. This memo will include: • A list of modifications made to the models in the PER • A summary of new hydraulic models • A summary of anticipated permits and associated requirements for each permit. • A summary of existing parcel and easements and any proposed easement needs. • A preliminary layout of the pond for review and comment at the progress meeting. 2.6. FINAL DESIGN SERVICES Due to uncertainties in the results of the Preliminary Engineer Phase KFA made the following assumptions in preparing this proposal for Final Design Services. • No improvements will be made to the culverts under Greenlawn Boulevard • Channel improvements will be made between Dell Way and Greenlawn Boulevard that will consist of re-stabilizing approximately 300-linear feet of failing banks and the replacement of the existing three failing concrete drop structures with rock riprap structures. Lidar data will be used for areas outside of the survey limits. • Detention pond berms and outlet structures will be earthen structures or standard details that require no structural engineering • The detention pond design will not create a dam that is required to be permitted by TCEQ. It was assumed that this would result in two tiered detention ponds. 2.6.1. Plans Preparation KFA will develop 30% plans based on feedback and comments provided by the City during the progress meeting. The 30% plans shall have sufficient detail to show the proposed design but will not be a complete construction set. B-8 of I 1 EXHIBIT B Engineering Services The sheets anticipated for this deliverable include: 1. Cover Sheet— 1 sheet 2. Detention Pond Layout—2 sheets 3. Detention Pond Cross Sections—2 sheets 4. Detention Pond Details — 1 sheet 5. Channel Improvements Layouts— 3 sheets Total: 9 Sheets The engineer will incorporate comments and feedback from the City on the 30% design and develop 90% plans that will be effectively complete except for remaining coordination items with the City. The 90% plans will contain all sheets anticipated for the final submittal. The sheets anticipated for this deliverable include: 1. Cover Sheet— 1 sheet 2. General Notes— 1 sheet 3. Detention Pond Layout—2 sheets 4. Detention Pond Cross Sections—2 sheets 5. Detention Pond Details— 1 sheet 6. Detention Pond Calculations— 1 sheet 7. Channel Improvements Layouts— 3 sheets 8. Standard Details—3 sheets 9. Traffic Control Plan — 1 sheet 10. Erosion and Sedimentation Control Layout— 1 sheet 11.Site Layout and Survey Controls— 1 sheet Total: 17 Sheets The engineer will incorporate comments and feedback from the City on the 90% design and develop final plans that will be ready to bid. 2.6.2. Technical Specifications Technical Specifications will be based on the City's Standard Specifications and be supplemented with other appropriate specifications acceptable to the City where necessary. This scope of services includes preparation of a City Bid Form and Technical Specifications Amendments to be included in a standard Project Manual, but does not include preparation of an entire Project Manual. 2.6.3. Engineer's Estimate of Probable Construction Costs The Engineer will develop an Estimate of Probable Construction Costs for the 30%, 90% and Final design. The Estimate will be separated by detention pond and channel improvement locations. The estimate will be based on City of Round Rock standards and bid items or other data acceptable to the City. B-9 of 11 EXHIBIT B Engineering Services 2.6.4. QA/QC of Plans KFA will conduct full Project Design Team technical reviews prior to submittal of Documents. 2.6.5. Final Technical Memorandum KFA will incorporate the final design into the Preliminary Technical Memorandum and update all modeling results to reflect the final design. 2.7. BID AND CONSTRUCTION PHASE SERVICES When and as requested by the City, the Engineer will provide Bidding and/or Construction Administration services; typical services that could be selected by the City include, but shall not be limited, to the following: 1. Prepare for and conduct the Pre-bid meeting; be available to discuss and answer questions regarding the construction Drawings, specifications, and other pertinent items. 2. Prepare written addenda. 3. Review Contractor work experience and references; issue recommendation of award to City. 4. Prepare "Release for Construction" sets of Drawings and issue to City and Contractor prior to or at Pre-construction conference; sets shall incorporate any clarifications resulting from any addenda issued or other appropriate modifications prior to issuance. 5. Prepare for and conduct a Pre-construction Conference. 6. Review Contractor submittals; issue comments and/or recommendations. 7. Review Requests for Information (RFI's) from the Contractor during construction and issue appropriate responses or clarifications to both the City and the Contractor. 8. Visit the project site up to 6 times during construction to observe the progress and quality of the work. 9. Coordinate and conduct the final "walk-through" of the completed work; prepare and issue punch list to Contractor and the City. 10. Prepare record drawings from information readily observed during site visits, or as provided by the City and the Contractor. 3. SUMMARY OF KEY PERSONNEL A summary of key personnel that will be working on the project is included in Table B-1 below B-10 of 11 EXHIBIT B Engineering Services Table B-1: Summary of Engineering Team Personnel Karen Friese P.E. Principal Joseph Skidmore P.E. Project Manager Charlotte Gilpin P.E. Senior Engineer Ryan Bell P.E. Senior Engineer Joseph Goessling P.E. Project Engineer Victoria McEvoy P.E. Project Engineer Travis Kaatz EIT Johnny Sullivan EIT Leigh Sutton EIT Robert Kaylor Sr. CADD Technician Elias Ortiz CADD Technician Bill Broughton Clerical B-11 of 11 Kensington Detention and Channel Improvements (In Work Days) Exhibit C Work Schedule ID Task Name ',Duration Start Finish 4th Quarter lst Quarter 2nd Quarter .3rd Quarter 14th Quarter 1st Quarter 2nd Qu Sep I Oct I Nov Dec Jan Feb Mar Apr May Jun Jul ! Aug Sep I Oct Nov Dec Jan Feb Mar 1 Apr 1 Notice to Proceed 0 days Mon 10/5/15 Mon 10/5/15 10/5 i 2Task 1-Surveying 260 days Mon 10/5/15 Fri 9/30/16 j 3 Establish Horizontal 8 Vertical Control 25 days Mon 10/5/15 Fri 11/6/15 4 Perimeter Topo,Visible Utilities,Trees,Etc. 25 days Mon 10/5/15 Fri 11/6/15 ,' 5 Cross-Sections at 200'Intervals(approx.9) 25 days Mon 10/5/15 Fri 11/6/15 6 Locate Wetland Markings 15 days Man 10/19/15 Fri 11/6/15 7 Provide Exhibit and Legal Description for Drainage Easements 5 days Mon 9/26/16 Fri 9/30/16 8 Downstream Drop Structures 25 days Mon 10/5/15 Fri 11/6/15 I 9 Task 2-Environmental Studies 255 days Mon 10/5/15 Fri 9/23/16 I 10 Delineation of Jurisdictional Waters 10 days Mon 10/5/15 Fri 10/16/15 it Endangered Species Assessment 10 days Mon 10/5/15 Fri 10/16/15 12 Cultural Resources Survey 25 days Mon 10/5/15 Fri 11/6/15 13 Preliminary Development of USACE NWP Submittal 30 days Mon 11/9/15 Fri 12/18/15 14 Processing USACE NWP Application 160 days Mon 2/15/16 Fri 9/23/16 15 Project Coordination/Management 215 days Mon 10/5/15 Fri 7/29/16 16 Task 3-Geotechnical Services 255 days Mon 10/5/15 Fri 9/23/16 17 Planning and Coordination 15 days Mon 10/5/15 Fri 10/23/15 18 Drilling and Sampling 5 days Mon 10/26/15 Fri 10/30/15 ..................... 19 Field Services-Borrow Study 5 days Mon 10/26/15 Fri 10/30/15 20 LaboratorySoil Testing 9 20 days Mon 11/2/15 Fri 11/27/15 21 Engineeringand Reporting P 9 20 days Mon 11/2/15 Fri 11/27/15 - 22 Task 4-Project Management/Administration 365 days Tue 10/6/15 Mon 2/27/17 23 Task 5-Preliminary Engineering 45 days Mon 10/5/15 Fri 12/4/15 24 Data Acquisition and Verification 5 days Mon 10/5/15 Fri 10/9/15 I Page C-1 of 2 Kensington Detention and Channel Improvements (In Work Days) Exhibit C Work Schedule ID ZS Task am IDurati�n Start !Finish Sep 4thQuarter ja Nov Dec 1st JaQuart� Feb Mar '',2nd Quarter 3rd Jun i 3rd Quarter ug Sep j 4th Quarter Octt Nov Dec 1st JaQuarter Feb Mar 1 2nd Qu Hydrologic Modeling15 days Mon 10/26/15 Fri 11/13/15 I 26 Hydraulic Modeling 10 days Mon 11/9/15 Fri 11/20/15 27 Technical Memorandum 20 days Mon 11/9/15 Fri 12/4/15 I 28 City Meeting to Discuss Findings 0 days Fri 12/4/15 Fri 12/4/15 /4 29 Task 6-Final Design Services 200 days Mon 12/21/15 Fri 9/23/16 i 30 Plan Preparation 40 days Mon 12/21/15 Fri 2/12/16 31 Technical specifications 15 days Mon 1/25/16 Fri 2/12/16 32 Engineer's Estimate of Probable Construction Costs 5 days Mon 2/8/16 Fri 2/12/16 33 QA/QC of Plans 5 days Mon 2/15/16 Fri 2/19/16 34 Final Technical Memorandum 5 days Mon 2/8/16 Fri 2/12/16 35 Task 7-Bid and Construction Phase Services 120 days Mon 9/26/16 Fri 3/10/17 Page C-2 of 2 EXHIBIT D FEE SCHEDULE Total Sub- Expenses/ Labor Total Labor Consultant Fixed Total Task Hours Cost Cost Cost Cost Task 1 -Surveying (Sub-consultant-Wallace Group) 1 Establish Horizontal&Vertical Control 4 $330 $4,040 $0 $4,370 2 Perimeter Topo,Visible Utilities,Trees, Etc. 0 $0 $11,100 $0 $11,100 3 Cross-Sections at 200' Intervals(approx.9) 0 $0 $11,720 $0 $11,720 4 Locate Wetland Markings 0 $0 $2,760 $0 $2,760 5 Downstream Drop Structures $0 $5,240 $0 $5,240 Subtotal Task 1 4 $330 $34,860 $0 $35,190 Task 2-Environmental Studies(Sub-consultant-ACI Group) 1 Delineation of Jurisdictional Waters/Wetlands 14 $1,380 $7,205 $0 $8,585 2 Endangered Species Assessment 0 $0 $4,205 $0 $4,205 3 Cultural Resources Survey 0 $0 $10,783 $0 $10,783 4 Preliminary Development of USACE NWP Submittal 0 $0 $10,940 $0 $10,940 5 Processing USACE NWP 0 $0 $24,550 $0 $24,550 61 1 Project Coordination/Management 0 $0 $4,650 $0 $4,650 Subtotal Task 2 14 $1,380 $62,333 $0 $63,713 Task 3-Geotechnical Services(Sub-consultant-Arias) 1.1 Field Services-Planning and Coordination 6 $540 $790 $0 $1,330 1.2 Field Services-Drilling and Sampling 0 $0 $520 $3,225 $3,745 1.3 Field Services-Borrow Study 0 $0 $520 $1,800 $2,320 2 Laboratory Soil Testing 0 $0 $0 $1,840 $1,840 3 Engineering and Reporting 0 1 $0 $3,480 $0 $3,480 Subtotal Task 3 6 540 $5,310 $6,865 $12,715 Task 4-Project Management(KFA) Subtotal Task 4 61 $6,470 $0 $100 $6,570 Task 5-Preliminary Engineering (KFA) 77- Subtotal Task 5 161 $16,255 $0 $40 $16,295 Task 6-Final Design Services (KFA) Subtotal Task 6 282 $28,460 $0 $100 $28,560 Task 7-Bid and Construction Phase Services (KFA) Subtotal Task 7 66 $6,450 0 $350 $6,800 Project Totals 594 $59,885 $102,503 $7,455 $169,843 EXHIBIT E Certificates of Insurance Attached Behind This Page ® DATE(MM/DD/YYYY) ACC>RU CERTIFICATE OF LIABILITY INSURANCE 09/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh S onsored Programs PHONE FAX p g AIC No Ext:900-338-1391 A/C No:388-621-3173 a division of Marsh USA Inc. E-MAIL 701 Market Street, Ste. 1100 ADDRESS:aceccl er.treauest@marsh.cem St. Louis MO 63101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Beazley Insurance Company 37590 INSURED INSURER B: K Fries2 & Associates, Inc. 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ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD T ® DATE(MMIDDlYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 09/^_9/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Marsh Sponsored Pro rams PHONE FAX a division of MarshUSAInc. AIC No Ex2:800-338-1391 AIC,No:888-621-3173 E-MAIL 701 Market Street, Ste. 1100 ADDRESS:acecclientrequest@marsn.com St. Louis MO 63101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Accident & indemnity Co -2357 INSURED INSURERB:T:ain City Fire Insurance Co -9459 K Friese & Associates, Inc. Ms. Karen Friese INSURERC:Sentinel Insurance Company, Limited _lOGO 1120 S.Capital of Texas ,'-;100 Austin, TY. 767.6 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR --- _ _----------- - -- 'ADDL�SUBR - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYW MMIDDNYY LIMITS A GENERAL LIABILITY Y 84SBWVM8359 01/01/2015 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMIDAMAETORENTED $1 000,000 PREMISES Ea occurrence CLAIMS-MADE X OCCUR MED D(P(Any one person) S10,000 PERSONAL&ADV INJURY S1,000,000 Prof. Liab. Excl. GENERAL AGGREGATE S2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $2,000,000 17 POLICY X j C7 LOC S C AUTOMOBILE LIABILITY Y 84UEGAR.7037 01/01/2015 0 /012016 COMBINED SINGLE LIMIT Ea accident S1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) 5 Y PX NON-OWNED PROPERTYDAMAGE S HIREDAUTOSAUTOS Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED I I RETENTION S S B WORKERS COMPENSATION 84WBGBJ1571 01/01/2015 011/01/2016 X WCSTATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS I_E_R__ _ ANY PROPRIETOR/PARTNERlEXECUTIVE E.L.EACH ACCIDENT 5110001000 OFFICER/MEMBER EXCLUDED? NIA -------------------------------- ------------------------ (Mandatory in NH) E.L.DISEASE-EA EMPLOYO$1,000,000 If yes:describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT Si 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Kensington -lace City of Round Rock, Tezas and City tanager are included as additional insured for above coverage's except WC for ongoing and completed operations when required by written contract. Primary/Non Contributory applies to GL and Auto when required by written contract. Waiver of Subrogation is included when required by written contract. (GL-NOC) (AUTO-NOC) (F:C-N0C SPECIFIC) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock, Texas City Manager AUTHORIZED REPRESENTATIVE 221 East Main Street q Round Rork, TX 78664 ,! ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD