CM-2024-251 - 9/27/2024IOUND ROCK TEXAS
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: AECOM TECHNICAL SERVICES ("Engineer")
ADDRESS: 13640 Briarwick Drive Suite 200 Austin, TX 78729
PROJECT: BCRWWS East WWTP Floodwall Study
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
TV#ONT� PACT FOIE ENGINEERING SERVICES ("Contract') is made and entered into on
this the% /'day of Ems— 024 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:
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Time and Materials Engineering Services Contract
0199.202435;4890-1919-4083
Rev. 02/22
00296523
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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(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for all
engineering services performed and to be performed under this Contract.
Engineer shall be paid on the basis of actual hours worked by employees performing work
associated with this Contract, in accordance with the Fee Schedule attached hereto as Exhibit D. Payment
of monies due for the Engineer's subconsultant's services shall be based on the actual amount billed to
the Engineer by the subconsultant. Payment of monies due for direct cost expenses shall be based on the
actual costs.
The maximum amount payable under this Contract, without modification of this Contract as
provided herein, is the sum of Ninety -Three Thousand Six Hundred Forty and No/100 Dollars,
($93,640.00). Engineer shall prepare and submit to City monthly progress reports in sufficient detail to
support the progress of the work and to support invoices requesting monthly payment. Any preferred
format of City for such monthly progress reports shall be identified in Exhibit B entitled "Engineering
Services". Satisfactory progress of work shall be an absolute condition of payment.
The maximum amount payable herein may be adjusted for additional work requested and
performed only if approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress report,
Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form
acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to
City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves
the right to withhold payment pending verification of satisfactory Engineering Services performed.
Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that
tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
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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:
Laton Carr, P.E., CFM
Project Manager
3400 Sunrise Road
Round Rock, TX 78665
Telephone Number (512) 218-3238
Fax Number N/A
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Mobile Number (512) 801-2544
Email Address Icarr@roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Monica Wedo
Senior Water Resources Engineer
13640 Briarwick Drive, Suite 200
Austin, TX 78729
Telephone Number (512) 779-0880
Fax Number N/A
Email Address monica.wedoAaecom.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:
(I) 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/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.
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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 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 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.
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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 Services completed
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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 (l 0) 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 against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract against a
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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.
(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:
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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.
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.
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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:
Stephanie L. Sandre
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Monica Wedo
Senior Water Resources Engineer
13640 Briarwick Drive, Suite 200
Austin, TX 78729
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
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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.
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.
15
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
[signature pages follow]
AECO TECHNICAL SERVICES,
By:
Signature of Principal
Printed Name: Burton L. Johnson
17
CITY OF OUND ROCK, TEXAS
By:
Laurie Hadley, City Manager
ATTES .
By:
Ann ranklin, City Clerk
APPROVED AS TO FORM:
Stephani'ee L. Sandre, City Attorney
18
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
j� _COM Imagine it.
/�� Delivered. AECOM
13640 Briarwick Drive, Suite 200
Austin, TX 78729
EXHIBIT A aecom.mm
City Services
City of Round Rock services for the BCE W WTP study will include:
• Photogrammetric or other aerial mapping, as available.
• Existing digital 2D/3D terrain and facility data from Civil 3D or other software.
• Data for any projects adjacent to the subject project.
• Existing hydrologic and hydraulic studies associated with the project and project area.
• Proposed hydrologic and hydraulic studies associated with the project and project area.
• Coordination and assistance, for the Engineer, in acquiring information from other local,
regional, state and federal agencies, as needed.
• Provide timely reviews and decisions necessary to maintain the project work schedule.
• Design criteria for drainage and hydraulics.
• Available supplemental Federal Emergency Management Agency (FEMA) Hydrologic &
Hydraulic (H&H) data that may have previously been acquired by the City.
/L _COM Imagined.
/� Delivered.
EXHIBIT B
Engineering Service
August 22, 2024
Laton Carr, P.E., City Floodplain Administrator
City of Round Rock
3400 Sunrise Road
Round Rock, Texas 78665
AECOM
13640 Briarwick Drive, Stile 200
Austn, TX 78729
aecom.com
Reference: Proposal for Professional Engineering Services, BCE WWTP Floodwall Study
Dear Mr. Carr:
AECOM Technical Services, Inc. (AECOM) is pleased to submit this proposal to the City of Round
Rock (CoRR) for providing professional engineering services for performing a hydrologic and
hydraulic analysis for Brushy Creek East Reginal Wastewater Treatment Plant (BCE WWTP).
SCOPE OF WORK
AECOM will perform hydrologic and hydraulic analysis and modeling to determine a feasible solution
for removing BCE WWTP out of the modeled future condition 1% AEP floodplain. AECOM will
utilize the recent hydrologic and hydraulic models developed for the Atlas 14 Williamson County
Floodplain Mapping Project (WilCo Project). Note that the models will not be FEMA effective models
for the duration of this study but are considered best available models. The main tasks include:
Task 1— Project Management
Task 2 — Hydrologic and Hydraulic Analysis
Task 3 — Concept Design H&H Analysis
Task 4 — Report
Each task is described in detail below:
Task 1— Project Management
This task includes time for general management, team coordination, conducting team meetings
necessary for successful task completion, invoicing, and budgeting. Additional items under project
management include:
- Conduct a site visit with CoRR staff at the WWTP. Cost includes time for Safe Work Plan
preparation.
- Four meetings with the client throughout the duration of the task order to discuss approach,
status, and data needs/input for the floodwal I study.
BCE WWTP Floodwall Study August 22, 2024
Task 2 Hydrologic and Hydraulic Analysis
This task includes time for collecting best available data and performing the hydrologic and hydraulic
analysis for existing and future conditions. AECOM anticipates that at the start of this project the future
condition hydrologic and hydraulic models for the WilCo Project will not yet be available.
2.1. Data Collection
AECOM will collect and process the following data:
- The most recent existing condition hydrologic models for the Upper Brushy Creek and Lake
Creek watersheds developed by AECOM for the WilCo Project. Note that the future condition
land use map and H&H models may not be available before the end of 2024/beginning of 2025.
- The most recent hydraulic models for Brushy Creek and Chandler Branch developed by
AECOM for the WilCo Project.
- Topographic survey in the vicinity of the site, as available from the CoRR.
- BCE WWTP as-builts, as available from the CoRR.
- The most recent LiDAR data. Currently, the most recent LiDAR data available is from 2017.
New LiDAR data for Williamson Count is expected to be released towards the end of 2024. It
is not expected that the new LiDAR will be available by the start of this analysis. When the data
becomes available, it should be evaluated and considered for terrain adjustments within the
vicinity of the site.
- If available, layout and/or grading of the proposed future expansion, as available from the
CoRR.
2.2. Hydrolmic Analysis
The hydrologic analysis will consist of updating the most recent WilCo hydrologic models for existing
and future conditions. This subtask will consist of the following:
- Update the Lake Creek HEC-HMS models to include Dam 101 (currently under construction)
and obtain new outflow hydrographs for the 2-, 10-, 25-, 50-, 100-, 500-yr from Lake Creek
into Brushy Creek.
- Review onsite drainage and make necessary drainage adjustments to capture the drainage
patterns on site.
- Update the Upped Brushy Creek HEC-HMS models with the new inflow hydrographs from
Lake Creek and perform the simulations.
- Estimate areal reduced flows. This is done outside of HEC-HMS using an Excel spreadsheet.
- Estimate future condition flows. AECOM will review and utilize ultimate impervious cover
data, as available, from previous AECOM projects within the Brushy Creek and Lake Creek
watersheds to either determine the ultimate conditions for each subbasin or estimate a
reasonable percent (%) increase to the existing condition flow values for preliminary analysis.
The % increase applied will be mutually agreed up prior to analysis. When future land use
becomes available, the future conditions analysis for this study will require an update.
- Prepare a summary of existing and future conditions flows to be used in the hydraulic models.
- Perform QA/QC of hydrologic models and make revisions defined by the QA/QC process.
2.3. Hydraulic Analysis
The hydraulic analysis will consist of updating the most recent WilCo 1 D hydraulic models for Brushy
Creek and Chandler Branch. This task will consist of the following:
Page 2
BCE WWTP Floodwall Study
August 22, 2024
- Update the geometry near the site to include topographic survey (if available), placing additional
cross -sections, and other necessary adjustment to better capture the terrain on and around the
site.
- Update flow inputs for existing and future conditions, perform simulations for the 2-, l 0-, 25-,
50- 100-, 500-yr, and obtain new hydraulic results.
- Perform QA/QC of hydraulic models and make revisions defined by the QA/QC process.
Task 3 —H&H Analysis of Concept Design
3.1. Concept Design Preliminary ID Hydraulic Analysis
This task includes time for identifying feasible design solutions and performing hydraulic analyses for
the selected options. This analysis will consist of the following tasks and assumptions:
- Determine new drainage patterns in the vicinity of the site due to the proposed floodwall/levee
structures and update hydrologic analysis, as needed.
- Perform HEC-RAS modelling iterations for up to 3 floodwall/levee configurations around the
site. Each iteration will include updating the existing terrain with the proposed improvements
and performing the simulations for the 2-, 10-, 25-, 50- 100-, 500-yr storm events. After
consultation with the CoRR, AECOM will perform a more detailed evaluation of up to two
alternatives.
- Appropriate freeboard will be considered perNFIP Title 44, Chapter 1, Section 65.10.
- Perform QA/QC of the results and make revisions defined by the QA/QC process.
3.2. Concept Design Detailed 2D Hydraulic Analysis
Considering the proximity of the project site to the confluence of Brushy Creek and Chandler Creek,
and with the intention to provide a more detailed estimate of the inundated areas on the project site and
in the surrounding neighborhoods, AECOM proposes to develop a HEC-RAS 2D unsteady state model,
covering the confluence of Chandler Branch with Brushy Creek and the BCE W WTP. Based on a
similar AECOM floodwall project, the 1 D steady state model did not properly represent the inundated
area on the site as the flows entering the site are time -dependent. At this previous AECOM project, the
I D model overestimated and also underestimated the inundation extent at different areas on and around
the project site. The same over/underestimation of the inundation extent may occur offsite as well. The
tasks to develop the 2D models will include the following:
- Utilize the terrain model developed for the HEC-RAS 1 D analysis and make updates as
necessary.
- Utilize the Manning's n layer developed for the Wi1Co Project and/or project specific.
- Model three bridges in the vicinity of the site (US 79, Red Bud Ln, and a railroad bridges). Use
bridge data from the WilCo Project.
- Import HEC-HMS flow hydrographs for the 100- and 500-yr storm events into the 2D model.
- Verify results by comparing to the 1 D HEC-RAS models results.
- Analyze up to two proposed floodwall/levee alignments, consisting of updating the terrain with
the proposed improvements, performing the simulations, and documenting the results.
- Add a description and findings of the 2D analysis to the report.
- Perform QA/QC of the results and make revisions defined by the QA/QC process.
Page 3
BCE WWTP Floodwall Study August 22, 2024
Task 4 —Report
A final analysis report (electronic submittal only) presenting the results of the study will be submitted
to the CoRR. The report will document the processes, assumptions, and results of the hydrologic and
hydraulic analyses for pre- and post- project conditions. The cost associated with this task includes an
initial draft submittal, one round of comment response and resolution, and a final submittal.
Notes and Other Assumptions:
- AECOM will formally request use of the two hydraulic models for Brushy Creek and Chandler
Branch from Williamson County prior to beginning this task order. To date, the County has
allowed the use of these draft models by the local communities for other studies. AECOM
cannot proceed without Williamson County's authorization.
- If the CoRR would prefer not to wait for the development of future land use map and/or the
future condition H&H models as part of the WilCo Project, AECOM proposes to increase the
existing flows proportionally with a percent agreed on with the CoRR (i.e. 12%). Additional
cost may be incurred because of this approach and for updating the future condition H&H
analysis at a later time. This will save cost overall by not duplicating the development of future
conditions land use, potentially arriving at different estimates of future conditions flow.
- Terrain adjustments due to the new Williamson County LiDAR may be incorporated in a
subsequent phase of this study or in final design if deemed relevant to the study.
- Floodwalls and levees may require FEMA accreditation.
Note the proximity of the site to the FEMA regulated floodway, which may limit the number of
feasible solutions. Per 44CFR 60.3(d)(3) development within the FEMA regulated floodways
is prohibited, unless it has been demonstrated through H&H analyses that the proposed
encroachment will not result in any increase in flood levels. Variance is not allowed to this rule.
In the FEMA regulatory 100-yr floodplain, up to one foot rise in water surface elevation is
allowed.
- The following permits may be required before construction:
o CoRR development permit.
o May require a water resources evaluation and additional federal regulatory compliance
(i.e. Endangered Species Act and National Register of Historic Places).
Cost of detailed floodwall or levee design is not included in this proposal. Structural and
geotechnical analyses for proposed improvements will be required for a final design.
COST
AECOM proposes to perform this study for a total estimated cost of $93,640. The cost per task
summary is provided in Table 1. A detailed cost estimate is provided in Exhibit D.
Table 1. Brushy Creek East WWTP Floodwall Study Fee Summary
Task
Task Cost
Task 1 Project Management
$14,980
Task 2 Hydrologic and Hydraulic Analysis
$28,340
Task 3 H&H Analysis of Concept Design
$33,180
Task 4 Report
$17,140
Total
$93,640
Page 4
BCE WWTP Floodwall Study August 22, 2024
SCHEDULE
Upon notice to proceed, AECOM proposes the deliverable schedule provided in Table 2. If an
extension to the schedule is required, then AECOM will coordinate with CoRR staff on the additional
time only needed to complete Tasks 1 through 4.
Table 2. Brushy Creek East WWTP Floodwall Study Schedule
Task
Start Date
End Date
Notice to Proceed
10/7/2024
10/7/2024
Task 1 Project Management
10/7/2024
3/6/2025
Task 2 Hydrologic and Hydraulic Analysis
10/14/2024
11/21/2024
Task 3 H&H Analysis of Concept Design
11/22/2024
1/10/2025
Task 4 Report
12/16/2024
2/12/2025
TERMS AND CONDITIONS
The fee will be effective if this proposal is accepted by the CoRR within 90 days of the date of this
proposal. Our services will be invoiced monthly based upon the percent complete of each of the project
tasks described above. The scope of services will be performed in accordance with the terms and
conditions in our Professional Servies Contract effective , 2024. Please indicate
your acceptance of this proposal by issuing a Purchase Order referencing this proposal.
Thank you for selecting our firm for discussions on providing the above services. Ms. Monica Wedo
will be the project manager and AECOM contact for this work. If you have questions or would like
additional information, please feel free to contact Ms. Monica Wedo at 512-779-0880 or email listed
below or Burton Johnson, PE at the contact information listed below.
Sincerely,
=- Y/IAIF/A
Wedo, P.E.
Project Manager
AECOM Technical Services, Inc.
mon ica.wedoa,aecom.com
Page 5
&A,e px--O-�
Burton Johnson, P.E., CFM
Water Resources Leader — Civil Manager
AECOM Technical Services, Inc.
burton.johnson@aecom.com
Imagine it.
AdSCOM Delve ed,
EXHIBIT C
Work Schedule
AECOM
13640 Marwick Drive, Suite 200
Austin, TX 78729
aecam.com
The proposed work schedule for the Brushy Creek East WWTP Floodwall Study is provided below.
The schedule assumes a NTP date of 10/7/2024.
Task
Start Date
End Date
Notice to Proceed
10/7/2024
10/7/2024
Task 1 Project Management
10/7/2024
3/6/2025
Task 2 Hydrologic and Hydraulic Analysis
10/14/2024
11/21/2024
Task 3 H&H Analysis of Concept Design
11/22/2024
1/10/2025
Task 4 Report
12/16/2024
2/12/2025
EXHIBIT D
Fee Schedule
Attached Behind This Page
Exhibit D: Fee Schedule
Brushy Creek East WWTP Floodwall Study
City Of oun oc
Brushy Creek East (BCE) Regional Wastewater Treatment
Program
Project
Project
Project
Staff
Senior GIS
Contract
TOTAL
TASK LEVEL
Plant (WWTP) Floodplain Study
Principal
Principal
Engineer III
Engineer II
Engineer 1
Admin
Analyst I
Admin.
HOURS
FEE
TASK
$265.00
$235.00
$150.00
1 $120.00
1 $105.00
1 $95.00
$145.00
$130.00
Task 1 - Project Management
General PM
2
16
6
0
0
0
0
24
48
Site Visit
2
2
6
0
0
0
0
0
10
Project Meetings with CORR (1.5 hrs x 4 meetings)
6
6
6
0
0
0
6
0
24
Subtotal
10
24
18
0
0
0
6
24
82
$14,980
Task 2 - H&H Analysis
Data Collection
0
5
9
2
4
0
8
0
28
Hydrologic Analysis
1
14
21
14
52
0
8
0
110
Hydraulic Analysis (1 D model updates)
3
9
16
0
24
0
8
0
60
Subtotal
4
28
46
16
80
0
24
0
198
$28, 340
Task 3 - H&H Analysis of Concept Design
1 D model concept for up to three alternatives
6
11
66
0
34
0
8
0
125
2D model detail for up to two alternatives
6
13
28
34
0
0
10
0
91
Subtotal
12
24
94
34
34
0
18
0
216
$33,180
Task 4 - Report/Memo
Subtotal
4
18
32
0
24
8
26
0
112
$17,140
TOTAL HOURSI
30
1 94
1 190
1 50
1 138
1 8
1 74
1 24
1 608
TOTAL LABOR COSTS
1 $7,950
1 $22.090
1 $28,500
1 $6,000
1 $14,490
1 $760
1 $10,730
1 $3,120
$93.640
OTAL FEE ESTIMATE $93,640
8/22/2024
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
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DATE912024 YYYY)
09/19/2024
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this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
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CA License #0437153
CONTACT
NAME: Marsh risk and Insurance Services
PHONE 213 346-5000 rNC No):
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ADDRESS: LosAngeles.CertRequest@marsh.com
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Attn: LosAngeles.CertRequest@Marsh.Com
INSURERS AFFORDING COVERAGE
NAIC 0
INSURER A : ACE American Insurance Company22667
CN101348564-Si n-GAUE-24-25 08 2024
INSURED AECOM
INSURER B : NIA
WA
INSURER C : Illinois Union Insurance Go
27960
AECOM Technical Services, Inc
INSURER D :
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Austin, TX 78729
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Re: Project Proposal
CERTIFICATE MULUtK UANt;l=LLA I IUN
City of Round Rock
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Round Rock, TX 78664
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