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R-04-05-13-13G1 - 5/13/2004RESOLUTION NO. R -04-05-13-13G1 WHEREAS, the City of Round Rock desires to retain engineering services for the McNutt Creek Wastewater Interceptor Project - Phase I., and WHEREAS, K. Friese & Associates, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with K. Friese & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with K. Friese & Associates, Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I., a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. REKKATEEIthis 13th day of May, 2004. AT NYL 411FACJIF LL, a or City Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretar (34,FDesktop\—ODMA/WORLDOX/0:/ DOX/RESOLUTI/R40513G1 PD/sc ROUND ROCK, TEXAS RP(Kf P1"a" PR(N'FR111 CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM K FRIESE & ASSOCIATES, INC. ADDRESS: 6601 Cat Creek Trail, Austin, TX 78731 PROJECT: MCNUTT CREEK WASTEWATER INTERCEPTOR ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2004 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 conceming 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 File Name: mcnutt crk ww; k friese; 66360 1 EXHIBIT Rev. 02/23/04 00064494 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 defmed 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 performed 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. (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 the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Seventy-nine Thousand Nine Hundred ninety-one and sixty-six cents ($ 79, 991.66 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to 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 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which 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 fiinds; 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: Michael Thane, P.E. Engineer 2008 Enterprise Round Rock, Texas 78664 Telephone Number (512) 218-3236 Fax Number (512) 218-5563 Email Address mthanea,round-rock.tx.us 4 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: Tom Owens, P.E. Associate 6601 Cat Creek Trail Austin, TX 78731 Telephone Number (512) 338-1704 Fax Number (512) 338-1784 Email Address towens@,kfriese.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with 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 City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. 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 Council 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 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall fiunish 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. 7 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 8 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. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 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 m 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 from a company authorized to do insurance business in Texas and otherwise 10 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 Contact, 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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to 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 govenunental purposes. 11 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 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Karen A. Friese, P.E. President K Friese & Associates, Inc. 6601 Cat Creek Trail Austin, TX 78731 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 defmed 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. 13 (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 Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 2004, and 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 ROUND ROCK: By: Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary K FR1ESE & ASSOCIATES, INC. By: Signa Printed e of Principal ame: KAREN A F?/ESE 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 16 EXHIBIT A MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY CITY The City of Round Rock Engineering and Development Services Department will furnish to the Engineer the following assistance and information: 1. Furnish the following information along the proposed route, in electronic format when available: • Existing aerial photography • Subdivision Plats • Site Plans • Future Land Use • Utility Information (plans, maps, etc.) archived with the City 2. Facilitate and attend meetings with affected landowners. 3. Assist in obtaining right -of -entry. 4. Assist in the utility coordination process. 5. Provide design criteria for the project, including future flow projections. Page 1 of 1 EXHIBIT B Engineering Services 17 EXHIBIT B MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY ENGINEER General The work to be performed by K Friese & Associates, Inc. (KFA) under this contract shall consist of providing preliminary engineering services for the McNutt Creek Interceptor Project — Phase I. The project will consist of approximately 7,200 linear feet of 48 -inch to 66 -inch diameter wastewater interceptor extending from McNutt Creek north of Highway 79 to the Brushy Creek Regional Wastewater Treatment Plant. KFA shall provide the following services required for preliminary engineering of the above - referenced project: A. Project Kick-off 1. Meet with City Staff and LCRA to review/discuss project details, work plan, and schedule. 2. Review existing aerial photography, tax maps, and future land use for alignment options and meet with City Staff to discuss. B. Public Involvement / Right -of -Entries 1. Meet with affected landowners to discuss project and alignment options. 2. Coordinate with landowners and City Staff to obtain Right -of -Entries for KFA and Subconsultants. C. Identify Candidate Alignments (2 assumed) 1. Develop base map using existing aerial photography, tax maps and other available data sources. 2. Identify two candidate alignments (assumes one alignment will be primarily open -cut construction and one alignment trenchless construction) and mark proposed alignments in the field for additional investigation. D. Survey Critical Elevations — Under the direction of KFA, Inland Civil Associates, LLC will recover established survey datum control (primary control) as established and published by the City of Round Rock. Set permanent and temporary benchmarks for use throughout the life of the project. Field tie obvious evidence of property lines to survey. Make "One -Call" utility contact and locate visible utilities and those as marked as underground in the area of the survey. Collect sufficient spot elevations for "critical elevations" for route analyses and modeling. This survey may include: structures, drainage features, railroad features, highway features, and improvements as needed. Page 1 of 2 EXHIBIT B MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY ENGINEER E. Route Analysis 1. SWCA will conduct literature searches for sensitive natural and cultural resources that could pose constraints to the proposed wastewater interceptor routes. A search of the files and maps at the Texas Parks and Wildlife (TPWD), Texas Historical Commission (THC), and Texas Archaeological Research Laboratory (TARL) will be conducted to identify and map endangered or threatened species, sensitive natural communities, or sensitive historic or pre -historic resources known to occur in close proximity to the study area. Additional sources of information that will be utilized include published reports, aerial photographs, maps, and records at the Texas Natural Resources Information Systems archives. The information obtained from these efforts will be used to help identify potential permitting constraints. Following the literature search, SWCA will conduct a brief field reconnaissance to verify the results of the constraint map and to locate unrecorded constraints along the project route. 2. Considering the routes identified by KFA, Fugro South will conduct a geologic assessment consisting of site reconnaissance, geologic literature review, and a review of nearby boring data to determine general geologic conditions and suitability of proposed construction methods. 3. Identify and map necessary easements for each proposed route. 4. Coordinate with the City and utility companies to identify the location of existing utilities along each route. 5. Evaluate connection options at the Brushy Creek Regional Wastewater Treatment Plant including coordination with the Lower Colorado River Authority and Brazos River Authority for connection points, line routing, and construction methods. 6. Develop a preliminary spreadsheet static model of each proposed route for analysis of capacity, slope and pipe sizes. 7. Evaluate appropriate construction methods, required workspace, and materials for each proposed route. 8. Identify Local, State, and Federal permits required for each proposed route and estimate acquisition time for each permit. 9. Coordinate with TxDOT and Union Pacific Railroad on crossing locations, construction methods, and permitting requirements. 10. Develop cost estimates for each proposed route based on the information gathered above. F. Preliminary Engineering Report — Document the above findings in a preliminary engineering report including cost tables, model output, and mapping. Report will include a recommendation on the interceptor route, construction methods, and materials. Six copies of the draft preliminary engineering report will be delivered to the City for review and comment. After incorporating City comments, three final copies of the report will be submitted. Page 2 of 2 EXHIBIT C Work Schedule 18 Ch CO 0 0 0u) • 2 4, 0 0 0 CO .g ct -,rg 11111 0) 1 0 CV CV CN4 CV CO C CNiCV "et EN 01 0s1 7 C) Project Kick-off Kick-off Meeting Alignment Options Meeting Public Involvement / R.O.E. Landowner Meetings Obtain R.O.E.s Identify Candidate Alignments Field Investigations Survey Critical Elevations Route Analysis Env. Constraints Survey Geologic Assessment Easement Evaluation Utility Research Plant Connection Options Preliminary Modeling Methods & Materials Eval. Permitting Requirements TxDOT & UPRR Coordination Cost Estimates 0 0 <A to CV 01 Preliminary Eng. Report CORR Review (‚4 Nr co co co a) 0 v"" CNI C.1 I.C) CO 03 01 0 c— 04 VI '4' 0.0 <0 OA 04 04 04 01 04 04 Thu 4/22/04 K FRIESE & ASSOCIATES, INC EXHIBIT D Fee Schedule 19 K FRIESE & ASSOCIATES, INC. i 1g 0 0 • 0 eu 0(0 ;7) nt (1C'i 494.9 o 1 Cb ol <- 6 T.. 0 04 6949 ,- CD 6 0 co e- o CV 6 .— 0 05 4944 nr CV e4 0 co v- lr go 6 It OD rs: T.. 64 CV 01 n- in 6 100) c? 1010 CO nt - .5r 00 49 69 nt OD - C1. ..--co !A CD C4 4 03 Ul 44 111 CO 06 61 .. nt. 4.09 e -CD V. <-,- e- Ul 49 0. e- - CN... 40 69. ts cp <-, U/ CD Cs( 61 o CD 6 03 Ul 0.1 61 OD Cl g — CO 69 CD 01 <- (0 m - CD 49 up 0 T.... 0) CD - CD t.... 44 , ' - • ° • 0 CV nt U7 (E): ` co nt r: a). . op CD ni ts ts <- Ch Lt) CV CN . 40 ts Is: yr 0 It co 6 C7). It (.9 ui CD 01 .. 04 00 nt co 6 ui nr nr t• -- (o nt c4 6 eu a) CD 0 co (,) U1 0 cp c o e -CD t- co r V 7 (1-..i.1 ts c -- , CD 01 03 0 6 41t r,.... OD CD co s c C) ts r : nt .- OD CV cNi CO c) 0)C7; 69 Expenses 0 to' o(0(0 0 00 00 00 69 49 0 0 6 co 69 0 0 6 2 0 00 c; 0 01 ' 0 ' 6 . 0 I.0 0 q r-6 co to 16 v- 69. 00 00 6 00 co 0 Cfi 01- Q4 $21,887.00 IDirect Labor Cost 00 (0 10t.. (0 Is- 0.1 0) 0) 0 Cl e- I 69. $581.00 . $970.50 $621.30 $661.30 $354.70 $306.60 CD et 6 I C) nt co 6 .-- ‘47). CD e- ni eu •It_ IA; CD CD t... 01 oi N. a) a) 0 Ch 64 44 CD ts ai to OD03 0 Ul c4 0) CD 01 ui 10 CT) $2,913.60 $18,522.40 Total Labor Hours C.) CU V> N. 01 e- T... C4 a- .-- c- pp nr (0 (0 r- 0.1 CV (0(0 0 45 0 5I v. v. nt ('10) C4 7—CADTh Technician Hours _ 01 OD nt nt nt 03 nt et nt 16 84 Project Engineer Hours co w. NI- co co co co nr cr. co 24 j 32 I CD CD nt yr CO OD n- n- OD n- 40 300 Project Manager Hours op op 1.3 /t (‚1(0 nt 04 cv cv (‚1 (0 C° C° CV et OD ,OD ii 'a 0. e = c o -r: i a. 44- CV CU I- •e- e- e- r- et " C4 Task meetings (Z) Data Gathering IIC Involvement/Night-of-Entries meet wan anected landowners Obtain ROE's tify Candidate Alignments (2) Base mapping Field Investigations c o '474 la t Ei 4.) ....-2:•1 -ea jc.! >.<: e Z u) et Le Anarysis Environmental Constraints Survey ueological Assessment Easement Evaluation fo c o ..C1. 0 c o 40 c c 0 E. ' 0 • U •-• co cu . S CL 4°.' rreiiminary modong Construction Methods & Materials Evaluation 1 !penury rermitting Requirements Coordination wiTxDOT and UPRR q co E =Ili U) 1J - ..)E v a 0 et ilin 1= VW c '''' co _ , C , ,..“ 0 ,-... .0 e- C..I , 0 ,-Icv,p1 1 nr 1 co CO P..., CD CII 0 — e - ci. K FRIESE & ASSOCIATES, INC. EXHIBIT E Certificates of Insurance 20 04/22/2004 15:39 emoomeee CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER 1731 Insurance Services of TezCaS 1946 South 1H-35, Suite 301 Allabl, Texas 78704 Phone. 512/443-0878 INSURED K. Riese 84 Associates, Inc. 6603 Cat Creek Trail Austin., TX 78731 Phone: 512 333-1704 111 1111111111111111 Date: 04122/2004_ PAGE 01/01 COMPANIES AFFORDING COVERAGE A XL Specialty Insuranc* Company THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF IN stRANCE POLICY EFFECTIVE EXPIRATION LTR NUNDIER DATE DATE LIMITS PROFESSIONAL LIABILMY DP89403150 04,25/04 04/25/05 $1,000,000/C1aim $1,000,000/Agerepte DESCRIPTION OP SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATI3 HOLDER City of Roum4 Rock 221 E. Main Street Round Rock, Texas 78664 at: Christine Martinez, City Secretary Rated 2/10/03 - rrofegui1mal Liability Cartifiaata.600 SIGNATURE OF AUTHORIZED REPRESENTATIVE Title: _Sales Executive SCALE: 1" = 1000' McNutt Creek Wastewater Interceptor Project ROUND ROCK, TEXAS PLREPOS1 PASSION PROSPERITY S:GRAPHICS/LOCATION PAAPS/MIKEIMCNUTT CREEK WASTEWATER INTERCEPTOR.APR MB 01-08-04 DATE: May 7, 2004 SUBJECT: City Council Meeting - May 13, 2004 ITEM: 13.G.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with K. Friese & Associates, Inc. for the McNutt Creek Wastewater Interceptor Project - Phase I. Department: Staff Person: Justification: Water and Wastewater Utilities Tom Clark, Director of Utilities The McNutt Creek drainage basin is located on the eastern end of the City's ETJ. There is no City water or wastewater infrastructure in this part of the Round Rock ETJ. To prepare for the development and growth, the City has developed a Wastewater Master Plan that includes the construction of this interceptor to serve this area. The construction of this interceptor will allow the developer's to tie into the City's wastewater system in the near future. These preliminary engineering services include preliminary design and alignment, environmental and geological assessments, archeological investigation, right -of -entry documentation, identify required easements, design/property surveying, and estimated construction and final design costs. The scope of the final engineering services will be to complete the design of the wastewater interceptor, including bidding and construction services. These services will be done under a Supplemental Agreement to this contract, which will require Council authorization. Funding: Cost: $79,991.66 Source of funds: Capital Project Funds (Utility Fund) Outside Resources: K. Friese & Associates Background Information: Public Comment: N/A The project scope of work is to construct a large wastewater interceptor from the existing Brushy Creek Regional Wastewater Plant located on the eastern side of the City of Round Rock, and extend north-easterly to the McNutt Creek drainage basin. The total length of the wastewater line will be approximately 7,200 linear feet and the pipe size which will be determined during preliminary design, may range from 48 -inch to 60 -inch. The City anticipates that the construction of the project can be complete within 24 months of awarding a contract to K. Friese & Associates. EXECUTED DOCUMENT FOLLOWS R(31 N I) R( )(K, I I \ CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM K FRIESE & ASSOCIATES, INC. ADDRESS: 6601 Cat Creek Trail, Austin, TX 78731 PROJECT: MCNUTT CREEK WASTEWATER INTERCEPTOR ("Engineer") THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the 13 day of rn i y , 2004 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 File Name: mcnutt crk ww; k friese; 66360 (15-43— 130 1 Rev. 02/23/04 00064494 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 performed 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 the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Seventy-nine Thousand Nine Hundred ninety-one and sixty-six cents ($ 79, 991.66 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to 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 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which 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: Michael Thane, P.E. Engineer 2008 Enterprise Round Rock, Texas 78664 Telephone Number (512) 218-3236 Fax Number (512) 218-5563 Email Address mthane(&,round-rock.tx.us 4 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: Tom Owens, P.E. Associate 6601 Cat Creek Trail Austin, TX 78731 Telephone Number (512) 338-1704 Fax Number (512) 338-1784 Email Address towensAkfriese.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 City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. 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 Council 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 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has finnished City under this Contract. ARTICLE 15 PERSONNEL. EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of 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. 7 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 8 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. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to 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 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 from a company authorized to do insurance business in Texas and otherwise 10 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) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to 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. 11 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 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Karen A. Friese, P.E. President K Friese & Associates, Inc. 6601 Cat Creek Trail Austin, TX 78731 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 ofperformance 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. 13 (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 Mayor, duly authorized to execute the same on its behalf by Resolution No. le -04-65-13-1341, approved by the City Council on the / 3 day of the month of in Ny , 2004, and 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. ATTEST: By: k Christine Martinez, City Secretary K FRIESE & ASSOCIATES, INC. By: Signa Printed 04A -4.N. e of Principal ame: KAREN A. F-eiEsE 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 16 EXHIBIT A MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY CITY The City of Round Rock Engineering and Development Services Department will furnish to the Engineer the following assistance and information: 1. Furnish the following information along the proposed route, in electronic format when available: • Existing aerial photography • Subdivision Plats • Site Plans • Future Land Use • Utility Information (plans, maps, etc.) archived with the City 2. Facilitate and attend meetings with affected landowners. 3. Assist in obtaining right -of -entry. 4. Assist in the utility coordination process. 5. Provide design criteria for the project, including future flow projections. Page 1 of 1 EXHIBIT B Engineering Services 17 EXHIBIT B MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY ENGINEER General The work to be performed by K Friese & Associates, Inc. (KFA) under this contract shall consist of providing preliminary engineering services for the McNutt Creek Interceptor Project — Phase I. The project will consist of approximately 7,200 linear feet of 48 -inch to 66 -inch diameter wastewater interceptor extending from McNutt Creek north of Highway 79 to the Brushy Creek Regional Wastewater Treatment Plant. KFA shall provide the following services required for preliminary engineering of the above - referenced project: A. Project Kick-off 1. Meet with City Staff and LCRA to review/discuss project details, work plan, and schedule. 2. Review existing aerial photography, tax maps, and future land use for alignment options and meet with City Staff to discuss. B. Public Involvement / Right -of -Entries 1. Meet with affected landowners to discuss project and alignment options. 2. Coordinate with landowners and City Staff to obtain Right -of -Entries for KFA and Subconsultants. C. Identify Candidate Alignments (2 assumed) 1. Develop base map using existing aerial photography, tax maps and other available data sources. 2. Identify two candidate alignments (assumes one alignment will be primarily open -cut construction and one alignment trenchless construction) and mark proposed alignments in the field for additional investigation. D. Survey Critical Elevations — Under the direction of KFA, Inland Civil Associates, LLC will recover established survey datum control (primary control) as established and published by the City of Round Rock. Set permanent and temporary benchmarks for use throughout the life of the project. Field tie obvious evidence of property lines to survey. Make "One -Call" utility contact and locate visible utilities and those as marked as underground in the area of the survey. Collect sufficient spot elevations for "critical elevations" for route analyses and modeling. This survey may include: structures, drainage features, railroad features, highway features, and improvements as needed. Page 1 of 2 EXHIBIT B MCNUTT CREEK INTERCEPTOR PROJECT — PHASE I SERVICES TO BE PERFORMED BY ENGINEER E. Route Analysis 1. SWCA will conduct literature searches for sensitive natural and cultural resources that could pose constraints to the proposed wastewater interceptor routes. A search of the files and maps at the Texas Parks and Wildlife (TPWD), Texas Historical Commission (THC), and Texas Archaeological Research Laboratory (TARL) will be conducted to identify and map endangered or threatened species, sensitive natural communities, or sensitive historic or pre -historic resources known to occur in close proximity to the study area. Additional sources of information that will be utilized include published reports, aerial photographs, maps, and records at the Texas Natural Resources Information Systems archives. The information obtained from these efforts will be used to help identify potential permitting constraints. Following the literature search, SWCA will conduct a brief field reconnaissance to verify the results of the constraint map and to locate unrecorded constraints along the project route. 2. Considering the routes identified by KFA, Fugro South will conduct a geologic assessment consisting of site reconnaissance, geologic literature review, and a review of nearby boring data to determine general geologic conditions and suitability of proposed construction methods. 3. Identify and map necessary easements for each proposed route. 4. Coordinate with the City and utility companies to identify the location of existing utilities along each route. 5. Evaluate connection options at the Brushy Creek Regional Wastewater Treatment Plant including coordination with the Lower Colorado River Authority and Brazos River Authority for connection points, line routing, and construction methods. 6. Develop a preliminary spreadsheet static model of each proposed route for analysis of capacity, slope and pipe sizes. 7. Evaluate appropriate construction methods, required workspace, and materials for each proposed route. 8. Identify Local, State, and Federal permits required for each proposed route and estimate acquisition time for each permit. 9. Coordinate with TxDOT and Union Pacific Railroad on crossing locations, construction methods, and permitting requirements. 10. Develop cost estimates for each proposed route based on the information gathered above. F. Preliminary Engineering Report — Document the above findings in a preliminary engineering report including cost tables, model output, and mapping. Report will include a recommendation on the interceptor route, construction methods, and materials. Six copies of the draft preliminary engineering report will be delivered to the City for review and comment. After incorporating City comments, three final copies of the report will be submitted. Page 2 of 2 EXHIBIT C Work Schedule 18 EXHIBIT C MCNUTT CREEK INTERCEPTOR PROJECT - PHASE I WORK SCHEDULE ID Task Name Duration May June July August September 5/2 5/9 5/16 5/23 5/30 6/6 6/13 6/20 6/27 7/4 7/11 7/18 7/25 8/1 8/8 8/15 8/22 8/29 9/5 9/12 9/19 9/26 10/3 1 Project Kick-off 2 wks WOMW 2 Kick-off Meeting 0 days or 14 3 Data Gathering 2 wks 5/14 5/27 4 Alignment Options Meeting 0 days 5/27 5 Public Involvement/R.O.E. 4 wks omw 6 Landowner Meetings 2 wks 5/28 6/10 7 Obtain R.O.E.s 2 wks 6111 6/24 8 Identity Candidate Alignments 5 wks IV 9 Base Mapping 2 wks 5/28 6/10 10 Field Investigations 1 wk 6/25 7/1 11 Survey Critical Elevations 2 wks 6/25 7/8 12 Route Analysis 8 wks 13 Env.Constraints Survey 2 wks 712 7/15 14 Geologic Assessment 2 wks 712 ,. 7/15 15 Easement Evaluation 1 wk 712 7/8 16 Utility Research 4 wks 7/2 7/29 17 Plant Connection Options 2 wks 7/9 7/22 18 Preliminary Modeling 2 wks 7/23 815 19 Methods&Materials Eval. 2 wks 8/6 8/19 20 Permitting Requirements 1 wk 816 8112 21 TxDOT&UPRR Coordination 2 wks 8/6 8119 22 Cost Estimates 1 wk 8/20 8/26 23 Preliminary Eng.Report 5 wks 24 Draft PER 2 wks 8/27 919 25 CORR Review 2 wks 9/10 .v 9123 26 Final PER 1 wk 9124 f 9/30 EXHIBIT C Thu 4/22/04 EXHIBIT D Fee Schedule 19 EXHIBIT D MCNUTT CREEK INTERCEPTOR PROJECT- PHASE I FEE SCHEDULE Pro D Total Direct Sub- Principal Manlager ! Engineer ! Techect Project niciian 'Clerical Labor Labor I Consultant Expenses! Overhead I I &Profit Total Task Hours Hours Hours Hours Hours Hours Cost Cost Costes Cast Cost Project -- -- T -k _..-- - - }--- =-- - $50.00 $1,615.42 $2,431.02 9 O 8 8 � 20 $765 60� 2 Data Gathering --_ 8 16 4 28 $937 20 - $1,977.49 $2,964.69 Public Involvement/Right-of-Entries - 22 $841.20 - 1 Meet with affected landowners - 2 16 4 - -- -8 -$581.00 -'- ---7-$1,225.91 _ $1,774.93 $2,616.13 2 1 Obtain ROE s_ ( '_ 2 4 8 4 l $1,225.91 $1,806.91 Identify Candidate Alignments 2 _ __ _- -_- - _-_ I -- - ----- - 1 Base ma ping _ 1 2 8 24 35 _$970 50' $2,047.76 $3,018.26 2 Field Investigations 1 - 8 g 17 - $6213 - - $5000; $1,310.94 $1,982.24 _ 1 - t ---- ---------- 2 T- - - - _ - - r ------ 7.00 - $1,395.34 $17,643.64 Route AnalSury ysis cal Elevations - 1 I 4 i 8 IH -- - 1 Environmental Constraints Survey -1 - 2 4 4 11 $354 70; $3,800.00 r $748 42 $4,903.12 661 30 2 deal Foal Assessment 2 4 — $2,500.00:: - _-- -- -- og_ _ -__ 4 r _10 $306 60 $2,500.00 $646.93 $3,453.53 3 (Easement Evaluation 2 8 4 14 $440.40 $929.24 $1,369.64 4 'Utility Research _ - - i 2 24 8 1 4 38 $1,136.40 $50.00 $2,397.80 $3,58_4.20 -- - -- - - 5 Evaluate Plant Connection Options 1 _ 8 32 _ 41 $1,424 10 $3,004.85 $4,428.95 6 'Prelimina Modeling 1 16 40 4 61 $2,093.70 + $4417.71 $6,511.41 7 Construction Methods 8 Materials Evaluation 1 -- 16 40 - - } 57 _$1,997.301 $_4,214.30 $6,211.60 8 - - 19 $659.70 f - --- 0 Ct!Coordination wrrxDOT and UPRR ; 8 16 .$1 391.97 $2,051.67 Iden Permitting Requirements 1 2 -- + -- - __ 25 $832 50 �- 1 $1,756.58 $2,589.08 - - _ 16 4 --'-- - -- -- _ - -- -- - - 1 429 $2,078.98 $3,064.28 r 00 $2,9$3.60' __-- ---- - Prelimina En ineerin Report 4 16 40 16 24 $300.00 $6,147.70 $9,361.30 22 1 128 1 300 84 32 1 566 $18,522.40, $21,887.00 $500.00 $39,082.26 $79,991.66 EXHIBIT K FRIESE&ASSOCIATES, INC. 4i22Wo04 EXHIBIT E Certificates of Insurance 20 04/22/2004 15:39 00000000000 111 1111111111111111 PAGE 01/01 CERTIFICATE OF LIABILITY INSURANCE sate:04/22/2004_ PROFESSIONAL SERVICES PRODUCER COMPANIE5 AFFORDING COWRAGE V31 Inaura7�ce Serviicfss of Texas A XL 6peclalty lf>wettrance Company 1446 South IH-35,Suite 301 H Austin,Texas 78704 Phone: 512/443.08'18 C INSURED D K.>~riese&Associates,Inc. 6603 Cat Creek Trail Austin,TX 78731 Phone: 512 33$-1704 THIS IS TO CERTIFY THAT the insured named above is insured by the Companies listed above with re$pect to the business operations hereinafter described, for the types of insuranceand in accordance with the provisions Of the standard policiea used by the companies, and further hereinafter described. Exceptions to the policies are noted below. EXPIRATION MOTS CO TYPE UP T[i'SUl�,py.1�TGE POLICY TG'T� DATE NUM UR DA`s A PRoMSIONA:�I.IA,taJLMY DP69403166 04/25/04 04/23/05 $1,000,0001Caairl $1,000,000/AMepte DESCRIPTION OF SPRCM ITBMS/EXCF,P7.T0N8 Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty(30)days written notice to the certificate holder rimed below. CER'TVICATE HOLDER: City of Round Rock 221 E.Main Street Round Rock,Texas 78664 atttl:Christilke Martinez,City Swetary SIGNATUIZ,E OF AUTHORIZED REPRESENTATIVE • !°l�llt. Typed ame: _Jim nmmersan Title: _--Sales Executive Rev'd 2/10103-Rrothasianal tiAbility Ce012c93e.d00