R-2022-300 - 9/8/2022 RESOLUTION NO. R-2022-300
WHEREAS, the City of Round Rock desires to retain engineering services for the BCRWWS
East WWTP Tertiary Filters Preliminary Engineering Report (PER),and
WHEREAS, Plurnmer 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 Plummer 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 Plummer Associates, Inc. for the BCRWWS East WWTP Tertiary Filters
Preliminary Engineering Report (PER), 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.
RESOLVED this 8th day of September, 2022.
CRAIGNO] G Mayor
I TV �� '
City of 4R)und 11" .ek, Texas
ATTEST:
MEAGAN S IKS, ty Clerk
M C22022�? 460 M11:9 CUM
EXHIBIT
"Al'
ROUND ROCK I EXA
CITY OF ROUND C
CONTRACTVICES
F ASSOCIATES,INC. ("Engineer")
ADDRESS: 6300 La Calma Drive, Suite , Austin, 7 752
PROJECT: BCRWWS East WWTP,TertiaEy Filters Preliminaieeri � eort( )
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of m,,,,, , 2022 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:
T hne and Materials Engineering Services Contract Rev.02,122
0199.202236;4887®0336-2349 00296523
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
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.
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O 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 EJ v e—H u n d r..e.d..........S i x..........Thousand Six Hundred Seventy-Two and No/100
Qg.I.Lars (J�5�.672�.0O . 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 fon-n
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
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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:
David Freireich, PE
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number(512) 671-2756
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Mobile Number(512) 563-1121
Fax Number NIA
Email Address dfrei o h rogkjg2j�y
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:
Perran Hutton, PE
Project Manager
6300 La Calma Drive, Suite 400
Austin, TX 78752
Telephone Number(512) 687-2170
Fax Number NIA
Email Address puttorilt
ARTICLE
PROGRESSI
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.
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/she1it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he1she/'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.
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ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall hold harmless Engineer from all claims,
damages, losses and expenses, resulting therefrom. Any modification of the plans will be evidenced on
the plans and be signed and sealed by a licensed professional prior to re-use of modified plans.
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
ject designs and work product developed
under this Contract. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
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City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE lb
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.
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
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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 reasonable and necessary 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 state, federal 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) As required by Chapter 2271, Government Code, Engineer hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this
verification, "boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial
relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
(3) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not have a practice, policy, guidance, or directive that discriminates
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against a firearm entity or firearm trade association; and (2) will not discriminate during the to of the
contract against a firearm entity or firearm trade association. The signatory executing this Contract on
behalf of the Engineer verifies Engineer does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association, and it will not discriminate during the
term of this Contract against any firearm entity or firearm trade association.
(4) In accordance with 2274, Texas Government Code, a governmental entity may not enter
into a contract with a company with at least ten (10) full-time employees for a value of at least One
Hundred Thousand and No/100 Dollars ($100,000.00) unless the contract has a provision in the
contract verifying that it: (1) does not boycott energy companies; and (2) will not boycott energy
companies during the term of this Contract. The signatory executing this Contract on behalf of
Engineer verifies Engineer does not boycott energy companies, and it will not boycott energy
companies during the term of this Contract.
(5) 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 City harmless from all liability for damage to the extent that
the damage is caused by or results from an act of negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by Engineer, Engineer's agent,
or another entity over which Engineer exercises control. 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 to the extent resulting from 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
otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24) hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
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(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 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.
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.
V,
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
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Perran Hutton, PE
Project Manager
6300 La Calma Drive, Suite 400
Austin, TX 78752
14
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. The Services shall be performed expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer. 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. Any determination to withhold or
set off shall be made in good faith and with written notice to Engineer provided, however, Engineer
shall have fourteen (14) calendar days from receipt of the notice to submit a plan for cure reasonably
acceptable to City.
(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.
(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.
15
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 WHEREON, 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.
[signature page follows]
16
PLUMMER ASSOC I ATI.."S, INC
motlay 941ad byS%ffloliffin J C—w,P E
By: )N
*us11:Em"'. 0-11%c
Stephen J. Coonan, P.E.. R.Rneom CN."rRq;bvn,V COW,=Iµ,E."11 hawe vwWwW Na d"moinnionN
...... ..................................
Signature of Principal
Printed Name:
CITY OF ROUND ROCK,TEXAS APPROVED AS TO FORM:
By
Craig Morgan, Mayor Stephan L. Sheets, City Attorney
ATTEST:
By: ,,_
Meagan Spinks, City Clerk
G
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
19
Plummer Assoc.—Tertiary Filters PER
Exhibit A
City Services
The City of Round Rock will furnish to the Engineer the following items/information:
• Attend kickoff meeting and progress meetings as needed.
• Designate a person to act as City's representative with respect to the services to be performed
or furnished by the Engineer. This representation will have authority to transmit instructions,
receive information, interpret, and define City's policies and decisions with respect to
engineering services.
• Provide all criteria and full information as to City's requirements for the project, including
objectives and constraints and furnish copies of all standards which City will require to be
included in the project.
• Assist Engineer by placing all available information pertinent to the Project, including previous
information and any other data relative to the Project at the ENGINEER's disposal.
• Provide digital design files or any records available which would assist in the completion of
the project development.
• Timely review and comment on the draft Report.
Brushy Creek East Re8kona|VV\WTp
Eff|uentHlterProjeoi—PERPhamm
0982'011'01
Exhibit
Engineering Services
Engineering Services tnbeprovided:
Background
The Brushy Creek East Regional Wastewater Treatment Plant(Plant) is owned by the Brushy Creek
Regional Wastewater System (BCRWWS)who are the Cities of Round Rock, Cedar Park, and Austin
(Omner).The City ofLeander will become apart owner oncompletion of the current 10MGD expansion
project to the Plant.The engineering team, led by Prime consultant Plummer Associates, consultants
Freese & Nichols, and K. Friese&Associates (Engineer) designed the most recent 10 MGD expansion,
which is currently in the construction phase. As part of this expansion the Plant will gain the ability to
filter close to one-quarter of the average daily final effluent(prior to disinfection)flow.
The purpose of this scope of services is to prepare a preliminary engineering report(PER),to review the
associated design and construction work components required to add full 30 MGD (average flow)
filtration capacity to the Plant effluent, prior to disinfection.Therefore,giving the Owner additional
tertiary treatment capabilities, providing a physical barrier post biological treatment to enhance the
effluent quality and robustness ofthe current treatment process.
Task 0—Technical Memorandum and Support during TCEQMeetings
Plummer to assist the Owner in developing conceptual options moving forward to help address current
concerns with creek water quality. Due toexcessive flows arriving atthe Plant,inconjunction with loss of
some automation and altered treatment flow paths during construction activities,the Plant's biological
process has become upset resulting|nsome effluent failures Requiring additional engineering support ac
follows:
• Collection and review ofPlant water quality and flow data
w Preparing two(2) presentations for the Owner(Partner Cities) outlining the current issues,the
benefits of additional effluent filtration, preparing conceptual layout$and opinion of probable
construction costs.
* Coordination with filter equipment vendors.
* Two(2)visits to the Plant site and creek to support the Owner in discussions with the TCEQ
enforcement division.
• Preparation of a technical memorandum presenting data and alternatives on filtration as well as
creek remediation actions.
Deliverable:
• PovwerpmintPresentation x2
• Electronic copy of Technical Memorandum
Task 1—Project Management,Coordination and Quality Control
• Attend a project kickoff coordination meeting with Owner and subconsultants.
m Provide aproject schedule outlining mmjortaskdates and durations,deliverables,and review.
• Regular coordination meetings between disciplines and engineering sub consultants
• Perform general project management activities including invoicing, correspondence, filing,
Brushy Creek East Regional WWTP
Effluent Filter Project—PER Phase
0982-011-01
quality assurance and quality control.
• Quality control and review of design layouts and calculations for all disciplines.
Assumptions:
• Kickoff meetings and workshop to be held at the CORR offices.
• CORR with coordinate the Owner attendance.
• Engineer to provide agenda and facilitate the meeting.
Meetings/Workshops: One kickoff meeting and one workshop on completion of a draft report
Deliverable: Meeting notes,and project schedule in PDF format.
Task 2—Evaluate Effluent Solids Loading data
Provide a list of data needs to include, but not necessarily be limited to,the types of data listed below.
Review the data provided.
• Existing Plant effluent total suspended solids and BOD5 from existing trains(5 years)—to
ignore periods of plant upset in late 2021 and 2022.
• Review final effluent flow data(5 years), plot against total suspended solids(TSS)and
biological oxygen demand (BOD5)for loading calculations—as abobe
• Design and Initiate sampling plan with Owner assistance to sample the new treatment
train to compare expected effluent quality at final build out
• Review existing UVT or turbidity data available from the Plant(5 years),prepare and
gather UVT data from Train 3 BNR process(1 month). Include allowance by
modeling for new chemical(alum)addition effects on effluent.
• Determine the loadings and expected percent removal required to meet more stringent permit
limits(this will inform work with vendor(s))
• Review impacts of increased backwash effluent to existing process
Deliverable: Data and calculations included in final report production.
Task 3—Hydraulic Model Update&Scenarios
Understanding the hydraulics are key to achieving the Owners goals for the project listed below;
• Providing an effluent filtration design that would work at the 30 MGD average daily flow
(hydraulics)as well as allowing expansion at the future 40 MGD permit final phase.
• Filtration would allow the Owner to meet a theoretic permit limit of(average daily)5mg/L TSS.
• Avoid significant modifications to structures already in place.
• Meet the TCEQ requirements for any new treatment unit design with the current 100-year
flood elevation.
• Reduced 0&M costs by utilizing gravity flow of effluent for as many conditions as possible.
• The preferred option for any required pumping or lift-station would be to limit its footprint and
overall size as much as possible.Then to add some form of multifunctionality so it has a greater
benefit to the plant.
• Phasing the construction of an effluent pump station to a later date if possible.
Brushy Creek East Regional WWTP
Effluent Filter Project—PER Phase
0902-011-01
,AhydrmuUnmmde|vwaodeve|opedaopartmftheprev|ouamng|nmer|n#xvorkfmrthe1OK8GOexpans|mn.
This task requires creating a new set of conditions within the existing model to account for the head
loss incurred from additional filter equipment,and the associated conveyance components.|twill also
review how new filter capacity forthe future design flow(40 MGD),located next to the existing filters,
within their own basin could receive flow and how filtered effluent can proceed to UV disinfection and
bmutilized for the City reuse system.
The engineer will run scenarios of how much flow can be filtered,with all current units located at their
existing elevation by gravity pipe flow to a new filter structure, and then to UV disinfection.Determine
at what flows and creek level this is possible and if conveyance improvements can aide this.
T'heengineerundecstandsthat8rovity8ovvvxil|notvxorkfora|lYuturef|ovvscenarios,sovxi||exp|one
the option of re-lifting flow prior to,or post effluent filtration(when gravity hydraulics no longer work).
The engineer will look at the hydraulics of utilizing or re-purposing the current eff luent filter re-lift
station aswell asthe NPVVpump location atthe end pfthe UVand CCB.
The final task will be to conduct a review meeting with the Ownerto discuss the hydraulic model
scenario outcomes prior toproceeding forward with Tasks 4-7.
Assumptions:
• The hydraulic model will be|nthe form ofequations within Excel sheets.
• The existing expansion design model and finished elevations will be constructed as shown in
the conformed drawings.
• The model will work toanalyze afuture average daily flow nY4OMGD tobe filtered and
disinfected.
�
The work will assume the current peaking factor of3x.
�
The existing flood elevation as set in 2020 will be assumed to be valid for the current and
future 40 MGD condition.
Deliverable:
w Review meeting with the Ow/nertmdiscuss hydraulic model outcomes.
m Profile images asPDF figures.
• Summary mfthe findings within the draft and final reports.
Task 4—Evaluate Filter Equipment Options&Layouts
The engineer will review the filter equipment required for 30 MGD and 40 MGD expansion design,
determine mfootprint and corresponding basin sizing for all associated equipment.Aminimum oftwo (2)
manufacturers will be included should the Owner wish to have a competitively bid pre-purchase phase.
Conceptual yard piping arrangements will also beshown for evaluation.
The filter elevations and yard piping(conveyance) requirements will also be determined by the outcomes
mfTask 3.
Brushy Creek East Regional WWTP
Effluent Filter Project—PER Phase
0982-011-01
• All proposed filtration equipment will go into a new concrete basin constructed for that specific
design. It will be located in close proximity to the existing filters to use space efficiently.
• The existing filter equipment and basins will remain in place and can become part of the ultimate
filtration capacity design (unless Task 3 determines this is not hydraulically possible)
• Any design will need to be protected against the 100-year flood event(plus V-0").
• Yard piping and conveyance schematic layouts.
• Create an electrical load schedule for the additional filters,compare this to existing power capacity
available.
• Review the control systems requirements and prepare preliminary P&IQs and control narratives
for review discussion at a workshop.
Deliverable:
• Figures showing plan view layouts and piping schematics for 2 options.
• Package and review technical data received from vendors.
• Summary and figures included within the draft and final PER
Task S—Evaluate Process Options for Plant Hydraulics
Some conceptual work was performed reviewing an effluent pumping station in the 2018 PER for the
current 10 MGD expansion project. This work needs to be revisited based on the hydraulic analysis
and scope in Task 3.The previous hydraulic profile (downstream of the UV reactor currently under
construction), while considering the new flood elevation which has since come into effect. An
analysis of re-lift pump station options, alongside using existing infrastructure will be developed
based on work in task 3 and task 4,to ensure that filtered and disinfected effluent can exit the plant
under peak flow conditions with a 100-year flood event. Discussions with the Owner after the
hydraulics(Task 3)will enable more detailed concepts;
• Develop system curves and conceptual pump types and sizing for layout purposes.
• Conceptual layout(plan view)of re-lift pump station and/or conveyance considering future
expansion requirements.
Assumptions:
• Only 100-year floodplain will be reviewed and evaluated
• Impacts of new structures or modifications to existing structures to the floodplain are not
included in this scope
• Design of additional UV disinfection capacity is not included in this scope
Deliverable:
• PER report to include conceptual layouts.
• Recommendations for detailed design.
Brushy Creek East Regional VVWTP
Eff|uentFikerPnoject—PERPhase
09834011^01
Task 6—Opinion of Probable Construction Costs Comparison
Develop anOPCCfor the above described project and options:
m
Evaluate and develop anAACEClass 5 Cost Opinion for the below options;
o 3different filter layouts
* Cost ufnew basin and other civil construction
* Yard Piping and conveyance
* Cost mfother hydraulic improvements required(pumping)
o B&&C tmcover generic options above
Deliverable: Tables detailing Class 5 breakdown mfcosts options, included in the PER as its own chapter.
Task 7—Draft&Final Report Production
Preliminary Engineering Report(PER):Applicable PER sections will be prepared summarizing the
investigation and recommendations.At a minimum the information will include:
m Discussion onthe findings ofthe various evaluations and analyses
• Exhibits showing the conceptual layouts and schematics
• Tables summarizing calculations and key data used tomake engineering decisions
m Conclusion and recommendations.
• Workshop presentation of options to the client,feedback incorporated prior to Final Report
Deliverable: Presentation for all Partners,electronic copy ofthe draft and final report and any
appendices(including engineering seal onfinal)
Task 8—Detailed Design and Bidding Documentation Initiation
[Propos/ng$200,0001
Due tothe accelerated project timeline the owner wishes tofinish the PER and make afast decision on
the preferred option. Byincluding additional budget%ocover this scope the Engineer can bereleased
towork onany oYthe following tasks before acontract amendment cangothrough the Owner City
Council approval.The Engineer will require a separate written authorization from the Owner to
proceed with this task.This amount will be deducted from the future detailed design and bidding
assistance contract between the Owner and the Engineer.
m Preselection Specifications and PIN for bidding filter and associated equipment
0 Quality Control and Assurance review
0 Assistance tmthe Owner inreviewing bids and selecting vendors
0 30%detailed design for the preferred filter layout(all disciplines)
Deliverable:Sealed electronic specifications,sealed PID 11 x17 electronic drawings,[start working on
detailed design 3D CAD models for the filtration]
Exhibit B
Scope of Services
This Exhibit A is part of the Agreement between Freese and Nichols, Inc. and Plummer for the project
generally described as:
Brushy Creek Regional Wastewater Treatment System East Plant(BCE)
Effluent Filter Project— PER Phase
Design Phase Services
Introduction
The scope is to provide the following structural engineering services:
Task 1 —Project Management,Coordination and Quality Control
• Attend a project kickoff coordination meeting with Owner and subconsultant
FNI's structural design engineer to attend 1 (one)kickoff meeting virtually.
• Regular coordination meetings between disciplines and engineering sub consultants
FNI structural engineer and project manager to attend up to 2 (two) coordination
meetings with Plummer and other subconsultants. Attendance at these meetings
will be virtual.
• Attend a workshop on completion of the draft report
FNI"s structural design engineer and project manager will virtually attend 1 (one)
workshop,
• Perform general project management activities including invoicing, correspondence,
filing, quality assurance and quality control.
Task 4—Evaluate Filter Equipment Options and Layouts
• Review structural considerations for a new basin based on layouts provided by Plummer
and the previous Geotechnical Report from the 10 MGD Expansion Project
FNI's effort will be limited to determining the structural viability and initial wall and
foundation thicknesses of no more than 2 (two) layouts of a new effluent filter
facility based on layout drawings provided by Plummer.
• Deliverables
Determine initial wall and foundation thicknesses for proposed structures to
house the tertiary filters in a new concrete structure
Provide a write up of recommendations to be included in the Preliminary
Engineering Report
Task 6—Opinion of Probable Construction Costs (OPCC)Comparison
• Develop an OPCC for the for the structural elements of the above described project and
options'
a;tl Provide tan OPCC for the construction of each of the two new concrete basin
concepts to house the filters. The configuration of the basins used in the cost
estimate will be provided by Plummer.
Structural cost to include new basin construction vs modifications to existing CCB
• Deliverable
10 Table detailing Class 5 breakdown of structural options costs and associated
writeup to include in the PER.
1
Task 9—Draft and Final Report Production
0 FNI will prepare the PER report sections related to construction of a new basin to house the
tertiary filters. Writeup will include:
Discussion of the findings of the various evaluations an analyses
Exhibits as needed based on layouts provided by Plummer
Tables summarizing calculations and key data used to make engineering neering decisions
Conclusion and recommendations related to the structural portion of the report
• Deliverables:
Structural writeups, exhibits and tables described above for the draft and final
Preliminary Engineering Report
Compensation
Basic Services of Consultant
Engineer shall pay Consultant for Basic Services rendered under the Agreement, as
supplemented by this Exhibit. Fees shall be paid per the Agreement.
Compensation for the following Services actually completed shall be paid on a lump sum basis:
Description Lump Sum Amount
Preliminary Engineering Services $ $16,900
TOTAL LUMP SUM AMOUNT $ $16,900
Cost reimbursable compensation shall be based on Consultant's personnel time at Consultant's
hourly labor rates. All direct expenses, including mileage, travel and lodging expenses, but
excluding subcontract expenses, applied to the Basic Services of Consultant, shall be paid at
invoice or internal office cost plus a fifteen percent(15%) service charge. Subcontract expenses
shall be paid at direct cost plus a fifteen percent (15%) service charge. All sales, use, value
added, business transfer, gross receipts, or other similar taxes will be added to Consultant's
compensation when invoicing Engineer.
MANPOWERIBUCGET ESTIMATE
BRUSHY CREEK REGIONAL WASTEWATER TREATMENT FACILITY-EAST PLANT
EFFLUENT FILTER ADDITION PROJECT
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,
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EXHIBIT C
Work Schedule
Attached Behind This Page
Proposed Effluent Filter PER Schedule
S Nam our units Starl FlnISta P August2022 September 2022 Oclurber 2022 Noftmader 2022 December 2022
4 31 7 14 21 2a 4 11 13 25 2 9 16 23 30 6 13 20 27 4 11 18 25
1 098241141 Stand 0¢Project
2 0962-111.91:0 Tachaleat klemenrandum&TC6O Supped 7.00 weeks 51302022 71162922
3 0982-011-01:1 Project Mama9ernerd.Cesrnlrla0on&QMC 13.00 weeks 81112022 11013U2022 Pm*d MomDercenil Cooftsfian 8®aeC
4 D982-01141:2 Evaluate Elfluent 3okds Loading Data 2.04 weeks MI=2 8MV2022 Evalvew E
5 0582-011-01:3 Hlydraullc Ue4e11 Updates 3.00 weeks 713112022 82112022 09drauk Modell
6 0902-011-01:4 Filler Equipment OpOcns 5.00 weeks W712022 971112022 FrAr trw rOpeazms
7 0982-011.01:5 StructuralFeasill"Review for Filter Options 5.00 weeks 96112022 IOMW022 SftnbwalFeas Rww.
a 4982011-01:6 EmuordPump5labeeOptions 5.00 weeks VM022 I022 Udders Pump tes Optans
9 0992-011-01:7 OPCCCornpadson 2.00 weeks 961 022 912602A22 once Cem
10 0082-011-Oto PreliminaryEn9lree Report production
11 0002-01"IA a Document Rollwagen 2.00 weeks IOIIOQ022 10OW022 �sument
12 0902-011-01 Z D workshop with pendent 0.00 weeks 116142022 iM022 tart
13 0902-011-01:5 Detailed Design&®rd Document Ini ta00n 8.00 weeks 1i 022 11112023 Derided Dozen a 00 Dacumnl neends
EXHIBIT D
Fee Schedule
Attached Behind This Page
Round Rack Brushy
Cmak East Rant EfflimendRIlleir
Pmlocl PER
PvejmM No,I
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L—O(T.UON. WrAl..WN.� OM 01W Ch.) V-) qh.p --Z;w F"qnp Tma r-
................... -----------------
GO so 244 416 0
Efthent Rher PffoJed PER Tm— W4 E,, TE I'm $ U2,56s 72.S%
R. a T+eap."p tt a MEG 8.pw flA a 943, 0 30 D 0 to I mom0.
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SUBCONSULTAN'T EXPENSES REOMOURSABLE EXPENSES
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
.......................-
CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYM
8/1812022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON E CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW,
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTA71VE OR PRODUCER,AND THE CERTIFICATE HOLDER.
R.PORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be;n—domod.
If SUBROGA71ON IS WAIVED,subject to the to and conditions of the policy, certain policies may require an endorsement. A statement an
this certificatedoes not confer rights to the certificate holder In f rsmes).
...........................................................................................................................................rig, -.1................................................
..........................................................lieu osuch endoont(
PRooucFR is Strate ies nmp: Joe Bryant
maw ...............
12801 Nort?,Central Expy.Suite 1725 (214)323-4602 ��.A,X, NoI:P. (214J)503-8899
An.: A/C
Dallas,,TX 75243 E
_ADDRESS: certificatedallas@risk-strategies.com
INSURER(S)AFFORDING COVIERAGE !!AIC#
XL Specially Insurance Company 37885
.............................................................................
INSURERA:
INSURED INSURER 8 Hartford Underwriters Insurance Company 104
............................................................................. .....................................................................................................
...........................................................................................................................................
Plummer Associates, Inc. INSURER C-. Hartford Accident and Indemnity Comp an�y 22357
1320 South Univ ersity D rive ....................................................................... -
INSURER D� Hartford Insurance Co of the Midwest 37478
Ste, 300 ..................................................................................................................... .........................................................
.................................................
Fort 76107 INSURERE:
INSURERF:
COVERAGES CERTIFICATE NUMBER:697 1B REVISION NUMBER:
....................................................................................................................................................................................................
I'HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN(ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
N107-W11"HS-7-ANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT'voirri RESPECT TO WHICH THIS CERTIFICATE MAYBE
ISSLIED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF SUCH POLICIIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
UPSW. A7.RSF NO WWI...........................................—1...............,,...,..............................................................................-7001 METY—---TJUr.TCY
EXIF I.............................................................................................................................................................
LTR TYPE OF INSURANCE ONSD WVO POLICY NUMBER (MMIDDIYYYY) (MW11xffyyWr) LIMITS
84SBWAH8X07 9130/2021 9/30f2022 EADHOCCI)RREINCE 51,000,000
COMMERCIAL GENE�:A IABOUTY
CLAIMS-MADE / OCC AJR11 000,000
.............1.0 !!:
VIAEO(EXP i(Any One painsen) $10,000
...... .......................
✓ Contractual I.Jabili PERSONAL&ADV INJURY S1,000,000
................
G1i:A'L AGGREGA rE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000.000
POLICY V "' Lor,
PRODUCTS-COMR011:3 AGG $2,000,000
...................................................................I I............................................
Valuable Papers $500,000
........................... .......................................................................................................
C AUTOMOBILE LIABILITY 9/30/2021 6130/2-022 -C'UMFREU'-n 7-n —
✓ ✓ 84UEGAC4597 Sum=
✓ ANY AUTO BODILY INJURY(Per personI $
OWNIED SCHEDULED BODILY INJURY�Per�t) $
✓ AUTOS ONLY AUTOS
HIRED NONOWN1i:D1!!W=kV"I"PAMA037--
AUTOSONLY ---L AUTOS ONLY TSr apmdany_ $
.................... $
8 ✓ UMBRELLA LIAM ✓ OCCUR 84SBWAHBX07 913012021 91301202:2 EACHOCCURRENCE $6,000,000
......................................................................I.................................................................................................................
......................................
EXCESS LLA✓ B CAM;-MADIE A REGATE $5,000,000
............. ........... .........................................
�NTION 0 0,000
..................... ........... ................................................................. ...........................................................
D WORKERS COMPENSATION ✓ GA 8D 5/1312022 5/1 3120,r 3
AND EMPLOYERS'LIABILITY YIN =1ST=1TUTE =IR
ANYPFIOPRIETORfPARTNERfEXECUTIVE E L EACH ACCIDEN7 $1,000,,000
011:�lP'll�CEFUMEMBIEREXCILUDED7 N NIA ...............................................................................................................
......................' I ..............
(Mandatory In HH) [L�DGEA -EAIEMPLOYEE $1,000,000
If as,describe under ..................................................................................................
D.SCRIPTION OF OPERATIONS below POLK::YILIIWf $1,000,000
7--Pr—oreias—ty
lonalLtabilo — ' 9349 5/9/2022 51912,023 11 &1 im Cla000,066.................
Pollution Liability Annuall Aggregate $3,000,000
.....................I................................................................................................................................................................................
........................................................
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Iternaffiks Schedule,may be attached N more space Is irequIlaid)
The claims made professional liability coverage is the total aggregate limit for all claims presented Within the anntjW policy peiriloid and is sulbiect
to a deductible.Thirty(30)day notice of cancellation in favor of certificate holder on all policies,,
RE:Plummer#0982-011-01 Brushy Creek East Regional VVWTP Effluent Filter Project-PER Phase
......................................................................................................................................................................................................
................................................................................................................................... .................................................................
.......
CERTIFICATE HOLD ERCANCELLATION
........................................... ..................................................................................................................................................
.........
Zt
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
IT E Mof Round Rock ain St ACCORDANCE WITH THE POLICY PROVISIONS.
2
Round ock TX 78664
AUTHORIZED REPRESENTATIVE
Jlae Bryant4
1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(20161031 Tha Arf)Rr)narnaqnd Innn arin ranintarad marlirc of Arnpn