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CM-2014-394City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a Contract for Engineering Services with K Friese & Associates, Inc. for the Channel Erosion at Harvey Penick Drive Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/18/2014 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $40,322.00 Indexes: General Self -Financed Construction Attachments: ESC_HarveyPenick_KFriese_CM4.18.14, Map_HarveyPenick_CM4.18.14 Department: Utilities and Environmental Services Text of Legislative File CM -2014-394 The Brushy Creek Tributary just upstream of Harvey Penick Drive in the Forest Creek neighborhood turns abruptly and is experiencing significant erosion. The channel upstream of this turn is experiencing two feet of downcutting which could impact an existing 8" wastewater line. Along the right bank, there is two feet of downcutting at the armoring toe which is beginning to undermine the armoring. Along the left bank, the erosion of the unlined bank of the channel is migrating toward Harvey Penick Drive. The invert of the existing channel appears to be rock, however the channel is anticipated to continue to widen due to erosion of the banks. This Contract is for design services in order to determine the optimal solution to mitigate existing erosion problems and prevent further erosion in this area. Staff recommends approval. City of Round Rock Page 1 Printed on 4/17/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Utilities & Environmental Services Project Mgr/Resource: Lance Shellenberger LICouncil Action: ORDINANCE Agenda Wording Project Name: Channel Erosion at Harvey Penick Drive ContractorNendor: K Friese & Associates, Inc. n RESOLUTION City Manager Approval CMA Wording Consider executing a Contract for Engineering Services with K Friese & Associates, Inc. for the Channel Erosion at Harvey Penick Drive Project. Attorney Approval QAttorney Notes/Comments Date iii pp y O:1wdox\SCCInts10199114551MISC100296532.XLS Updated 6/3/08 ROUND ROCK, TEXAS R JRPOSE A\SSIOTE PROSPERITY 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: Channel Erosion at Harvey Penick Drive THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 2t `'day of Y1 (i , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corpora ion, 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 0199.1455; 00296512 1 CM -2014-394 Rev. 04/13 00192831 (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 1 ' D ROCK • S By: _Ac, i.,., w 5 McGraMayor 1-e e l•lG(U.X)Od, Cala Mo ATTEST: By: Sara L. White, City Clerk K FRIESE & ASSOCIATES, INC. By: ��(• 9 Signature of Principal Printed Name: NrJMAS M . 15 APP VED A,S TO ORM: Stephan L. Sheets, City Attorney 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 Forty Thousand Three Hundred Twenty -Two and N0/100 Dollars, ($40,322.00). 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 amotmt 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) 801-0668 4 Fax Number (512) 218-5536 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 D. Skidmore, P.E. Vice President 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 jskidmore@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 attaimnent 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. I-Iowever, 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 shalt 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 inay 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 rammer. (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 ful fill 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 inininnun 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 D. Skidmore, P.E. Vice President 1120 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 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 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 UNDERSTANDING The Brushy Creek Tributary just upstream of Harvey Penick Drive in the Forest Creek neighborhood turns abruptly and is experiencing significant erosion. The channel upstream of this turn is experiencing 2 feet of downcutting which could impact an existing 8" wastewater line. Along the right bank, there is 2 feet of downcutting at the armoring toe which is beginning to undermine the armoring. Along the left bank, the erosion of the unlined bank of the channel is migrating toward Harvey Penick Drive. The invert of the existing channel appears to be rock, however the channel is anticipated to continue to widen due to erosion of the banks. K Friese & Associates, Inc. (KFA) will perform design services in order to determine the optimal solution to mitigate existing erosion problems and prevent further erosion in this area. KFA will develop Plans. Specifications and Estimates (PS&E) for construction of the preferred erosion control alternative. The plans will include a Cover Sheet, Construction Notes, Hydrologic Data, Hydraulic Data, Drainage Improvements, Erosion Control, and Details. KFA will obtain a sub -consultant for all land surveying services associated with the project. A Preliminary Engineering Phase will be performed for this site and will consist of the following. KFA will acquire all relevant design data and survey. KFA will perform a hydrologic analysis to determine the existing upstream runoff for the site. In addition, a hydraulic analysis will be performed for the reach of channel which includes both upstream of the site to north of Harvey Penick Drive. The 30% plans along with a Preliminary Design Report will be produced to document this phase. Design Phase Services will include those construction drawings, notes, details, and technical specifications necessary for construction of the improvements but, other than a Bid Form and any necessary Governing Technical Specification amendments, does not include development of a Project Manual. KFA will develop quantity sheets, to be included in the drawing set, for use in obtaining construction estimates. Construction Phase Services will include construction observation and an electronic copy of the Record Drawings. SCOPE OF SERVICES TASK 1 — SURVEYING • Surveying — This task will include obtaining a sub -contractor to obtain ground survey for the project. It is anticipated that the survey will obtain all existing drainage improvements, channel elevations, utilities, ground elevations and the crossing at Harvey Penick Drive. The surveyed area is anticipated to be approximately 3.5 acres (1000 feet long, 150 feet wide). See attached survey scope for additional details. B-1 of 4 TASK 2 — PROJECT MANAGEMENT • Project Management/Administration — 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. • Project Meetings and Status Reports — KFA will attend monthly status meetings with the City to review progress and upcoming work. We have budgeted for two meetings during the Preliminary Design Phase, including meeting preparation and minutes. KFA will also submit monthly status reports to the City documenting progress, budget, and schedule. • Citizen Meeting — KFA anticipates one meeting with the citizens residing in the vicinity of the tributary to discuss the scope of improvements and construction access. TASK 3 — PRELIMIANRY ENGINEERING • Data Acquisition — This task will include a site visit to obtain rough field measurements and the collection of various data such as existing plans, LiDAR contour data and easement documents. The project is not located within a designated FEMA flood hazard area. KFA assumes there is minimal existing hydrologic and hydraulic data available for the aforementioned Brushy Creek Tributary. • Preliminary Design — KFA will review the candidate alternatives with the City. KFA will use the information found during Surveying and Data Acquisition in order to examine the feasibility of each alternative and to present the City with recommendations. • Hydrologic Analysis — KFA will perform a hydrologic analysis according to the Natural Resources Conservation Service's (NRCS) TR -55 Unit Hydrograph Method. The United States Army Corps of Engineers (USACE) Hydrologic Engineering Center — Hydrology Modeling System (HEC -HMS) program will be used to perform the analysis. Hydrologic analysis will be coordinated with the Upper Brushy Creek Water Control and Improvement District (UBCWCID) watershed modeling, where appropriate. The analysis will consider the 2, 10, 25, 50, 100, 500, ultimate 25 year and Ultimate 100 year frequency events. • Hydraulic Analysis — KFA will perform an existing and proposed hydraulic analysis for approximately 1000 feet within the channel. The USAGE Hydrologic Engineering Center — River Analysis System (HEC -RAS) program will be used to perform the analysis. The analysis will consider the 2, 10, 25, 50, 100, 500, ultimate 25 year and ultimate 100 year frequency events. B-2 of 4 • Preliminary Design Report — The Preliminary Design will be documented in a written report that will include: o Description of the problem o Method of analysis o Description of Existing Conditions o Description of Proposed Design Alternatives o Engineer's Estimate of Probable Construction Cost for each option • Deliverables — An electronic copy of the Preliminary Design Report along with the 30% PS&E plans will be submitted. TASK 4 — DESIGN SERVICES • Plans Preparation — KFA will further refine the 30% plans based on feedback and comments provided by the City for the 95% submittal. In addition, any updates to the hydraulic modeling will be incorporated into the plans as they progress towards the 100% PS&E. • Technical Specifications — Technical Specifications will be based on the City's Standard Specifications and be supplemented with the City of Austin Standard Specifications where necessary. This scope of services includes preparation of a City Bid From and Technical Specifications Amendments to be included in a standard Project Manual, but does not include preparation of an entire Project Manual. • Submittal Preparation — KFA will prepare electronic copies of the Plans Preparations for the 95% and 100% PS&E submittal. For the 100% submittal, this shall include a copy of the hydrologic and hydraulic modeling along with any spreadsheets used in the preparation of the technical analysis. • Engineer's Estimate of Probable Construction Costs — Upon completion of design an Engineer's Estimate of Probable Construction Costs will be developed and included with the final submittal package. • QA/QC of Contract Documents — KFA will conduct full Project Design Team technical reviews prior to each submittal for both the Preliminary Design and Design Phase services. • Final Design Report — KFA will incorporate the final plans design into the Preliminary Design Report. • Deliverables — Deliverables will include 1 original plus 3 copies of the construction plans, produced on 22" x 34" sheets, three sets of technical specification amendments, and the Engineer's Estimate. B-3 of 4 TASK 5 — BID AND CONSTRUCTION SERVICES • Bid Award, and Pre -Construction Conference — We have assumed one meeting at the City of Round Rock. KFA will prepare a recommendation for award. KFA will assist with the pre -construction conference. • Construction Observation & Submittal Review — We have assumed that four visits to the site will be conducted, three during construction and one following construction. The purpose of these visits will be to verify that the construction/restoration is in general conformance with the plans and specifications. KFA will also review contractor submittals, as necessary. • Record Drawings — Following completion of construction KFA will incorporate field modifications and provide Record Drawings in an electronic format as specified by the City. B-4 of 4 Date: Mon 3/31/14 N N N O N IO N 00 F' N V Ol F' In N A N W N N N 1-' F' O ID CO V 01 in A W N N Exhibit C Work Schedule Notice to Proceed 1 day Mon 4/21/14 Mon 4/21/14 Task 1- Surveying 15 days Tue 4/22/14 Mon 5/12/14 Task 2 - Project Management/Administration 90 days Fri 7/25/14 Thu 11/27/14 Task 3 - Preliminary Engineering 40 days Tue 4/22/14 Mon 6/16/14 Data Acquisition 10 days Tue 4/22/14 Mon 5/5/14 Preliminary Design 25 days Tue 4/22/14 Mon 5/26/14 Hydrologic Analysis 10 days Tue 5/6/14 Mon 5/19/14 Hydraulic Analysis 10 days Tue 5/13/14 Mon 5/26/14 Preliminary Design Report 10 days Tue 5/27/14 Mon 6/9/14 City Review 5 days Tue 6/10/14 Mon 6/16/14 Task 4 - Design Services 28 days Tue 6/17/14 Thu 7/24/14 Plans Preparation 10 days Tue 6/17/14 Mon 6/30/14 Technical Specifications 5 days Tue 7/1/14 Mon 7/7/14 Submittal Preparation 5 days Tue 7/8/14 Mon 7/14/14 QA/QC 5 days Tue 7/15/14 Mon 7/21/14 Final Design Report & Plans 3 days Tue 7/22/14 Thu 7/24/14 Task 5 - Bid and Construction Services 90 days Fri 7/25/14 Thu 11/27/14 Bid Phase 20 days Fri 7/25/14 Thu 8/21/14 Construction Observations 60 days Fri 8/22/14 Thu 11/13/14 Record Drawings 10 days Fri 11/14/14 Thu 11/27/14 Contract Termination 0 days Tue 3/31/15 Tue 3/31/15 Task Name arui1. 11.WY, G .adp wIQ..YO. JIY1. 1J11017 Milestone ♦ Inactive Milestone Start -only C Summary Inactive Summary G -"G Finish -only Project Summary tv��—_ ' Manual Task ilorasimakill Deadline i External Tasks - Duration -only __ Progress O c 0/ d 14*. z v) m A T N Apr May Jun Jul Aug Sep Oct Nov 2nd Quarter 3rd Quarter j 4th Quarter Jr 4 TA -5 EXHIBIT D FEE SCHEDULE Task Total"" Labor Hours Total Labor Cost consultant Cost Expenses ?Cost 0 Cost Task 1 - Surveying 1 Design Survey (Wallace Group 0 $0 $5,500 $5,500 Subtotal Task 1 0 $0 $5,600 so $5,500 Task 2 - Project Management 1 Project Management/Administration 14 $1,259 Project Meetings & Status Reports (2 Meetings) 8 $1,245 Property Coordination Meeting 4 $623 $1,259 $250 $1,495 $623 Subtotal Task 2 26 $3,126 $0 $250 $3,376 Task 3 - Preliminary Engineering 1 Data Acquisition Preliminary Design 3 Hydrologic Analysis 7 $761 29 $2,825 4 Hydraulic Analysis (HEC -RAS) 5 Preliminary Design Report 30% Plans (Assume 8 Sheets) 9 25 26 41 $965 $761 $2,825 $965 $2,477 $2,477 $2,648 $150 $2,798 $3,800 $150 $3,950 Subtotal Task 3 137 $13,477 $0 $300 $13,777 Task 4 - Design Services 1 Plan Preparation 33 Technical Specifications 17 3 95%, 100% Submittal Prep 60 4 Construction Cost Estimates QA/QC of Plans & Specifications 13 $3,121 $1,721 $5,296 $1,313 $150 $3,271 $1,721 $500 $5,796 $1,313 Final Design Report 4 $837 $837 14 $1,427 $50 $1,477 Subtotal Task 4 141 $13,716 $0 $700 $14,416 Task 5 - Construction Services 1 Pre -construction Meetings 6 $731 $100 2 Construction Observation & Submittal Review 8 $1,245 $100 Record Drawings (Electronic Only) 11 $1,027 $50 $831 $1,345 $1,077 Subtotal Task 5 25 $3,002 $o $260 $3,252 Project Totals 329 $33,321,66 .1 5,500. $1,500 $40,322 EXHIBIT E Certificates of Insurance Attached Behind This Page FRIES -1 OP ID: JMC AcoRb- CERTIFICATE OF LIABILITY INSURANCE `-------- DATE(MMR101YYYY) 04/07/2014 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(tes) 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). PRODUCERPhone:800-338-1391 ACEC/MARSHP 701 Market St., Ste. 1100 Fax: 888-621-3173 St. Louis, MO 63101 Kevin P. Woolley CONTACT ONE FAX ark.. Extl: INC. No). E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Beazley Insurance Company INSURERS: 37540 INSURED K Friese & Associates, Inc. The Setting II, Ste 100 1120 S.Capital of Texas #100 Austin, TX 78746 INSURER C; INSURER D : INSURER E : $ INSURER F : S 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. INSRLT TYPE OF INSURANCE ADDL JMSR SUBR VND POLICY NUMBER POUCY EFF DN (MMAYYY}_ POLICY EXP tocu YYy} LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO PREMISES EaENTED occurrencel S MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT 11 LOC $ AUTOMOBILE LABILITY ANY AUTO ALL OWNED AUTOSAUTOS HIRED SCHEDULED AAUTOS U S -0WNED COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Perperson) $ BODILY INJURY (Per accident) $ ((Pe a PROPERTY $ $ UMBRELLA UAB EXCESS LAB .UR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE 3 $ DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LABLITY YIN ANY PROPRIETORIPARTNE EXECUTNE ❑ OFFNCEREMBER EXCLUDED? N (Mandatory In NH) 11 yes, desalbe under DESCRIPTION OF OPERATIONS below N 1 A WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability V14A3F140101 01/01/2014 01101/2015 Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Addlionat Remarks Schedule II more space 11 required) This policy covers the professional services of the named insured for all projects & the limits of liability shown shall not be construed to be applied to a particular project and therefore includes: Channel Erosion at Harvey Penick Dr. Project ON CITYOF City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FRIES -1 OP ID: JMC AC-CW/2r 4...... --CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 0410712014 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 poticies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: 800-338-1391 ACMarketNARSH Fax: 888-621-3173 701 St., Ste. 1100 St. Louis, MO 63101 Kevin P. Woolley NAOLN1ECT INC. No. EA: FAX No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Hartford Insurance Company 22357 INSURED K Friese & Associates, Inc. The Setting II, Ste 100 1120 S.Capital of Texas #100 Austin, TX 78746 INSURERS: INSURER C: 01/0112014 INSURER D: EACH OCCURRENCE INSURER E : DAMAGE TO RENTED PREMISES (Ea ocamencel INSURER F : MED EXP (My one person) 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. IN TYPE OF INSURANCE NOS t, SUSR VIVO POLICY NUMBER JL MMIIDCONYYFYI IMMIID YD! EXP LIMITS A GENERAL X UABI.FIY COMMERCIAL GENERAL CLAIMS -MADE LIABILITY X OCCUR 84SBWVM8359 PROFESSIONAL LIAB EXCL 01/0112014 01/01/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea ocamencel $ 1,000+ 000 MED EXP (My one person) $ 10,000 PERSONAL & ADV INJURY 5 1,000,000 X CONTRACTUAL GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 GENL AGGREGATE��LIMIT APPLIES PER: —I POUCY I � I JEC T-1 LOC $ A AUTOMOBILE X X LMBIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS AUTOS D AUTOS 84UEGAR7037 01101/2014 01)0112015 COMBINED SIaGLE LIMIT {Ea accident) S 1 000,000 BODILY INJURY (Per person) S BODILY INJURY (Par accident) S Per �denTY l)ALIAGE ( $ $ UMBRELLA UAB EXCESS UAB OCCUR CAMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LABILITY AND ANY PROPRIETOR/PARTr1ERIEXECUTNE YIN OFFICERA EMBER EXCLUDED? (Mandatory In NH) It yes, desaibe under DESRIPTION OF OPERATIONS below N / A 84WBGBJ1571 01/01/2014 01/0112015 X WCSTATU- OTH- - TORY LIMITS °N El. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE- POLICY LIMIT 5 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule It more space Is required) RE: Channel Erosion at Harvey Penick Dr. Project - When required by written contract: Coverage is primary and non-contributory to any other insurance carried except Umbrella. 30 days notice of cancellation will be given to the certificate holder. CERTIFICATE HOLDER CANCELLATION City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 ) CITYOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD