R-04-12-02-9E1 - 12/2/2004 RESOLUTION NO. R-04-12-02-9E1
WHEREAS, the City of Round Rock desires to retain engineering
services for the Reclaimed Water Use at Old Settlers Park Project, and
WHEREAS, HDR Engineering, Inc . has submitted a Contract for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract with
HDR Engineering, 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 HDR
Engineering, Inc. for the Reclaimed Water Use at Old Settlers Park
Project, 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 2nd day of December, 2004 .
' 4/
NY RELL, Mayor
AST: .
Ci y of ound Rock, Texas
CHRISTINE R. MARTINEZ, City Secredary
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CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 2211 South IH-35, Suite 300,Austin, TX 78741-3842
PROJECT: RECLAIMED WATER USE AT OLD SETTLERS PARK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the_day of , 2004 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement 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:
EXHIBIT
"AtlII
Engineering Services Contract Rev.09/07/04
File Name: hdr-reclaimedwater-osp;76628 00064494
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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 performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
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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
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of One Hundred Thousand Forty-five and No/100 Dollars ($ 100,045.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination,that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or, omissions resulting from his/her/its
negligence.
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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:
Don M. Rundell, P.E.
Chief Utility Engineer
212 Commerce
Round Rock, Texas 78664
Telephone Number(512) 218-5554
Fax Number(512) 218-3242
Email Address drundell(i4round-rock.tx.us
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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:
James R. Glaser,P.E.
Project Manager
4401 West Gate Blvd., Ste. 400
Austin, TX 78745-1469
Telephone Number (512) 912-5113
Fax Number (512) 912-5158
Email Address Jim.glaser(-)hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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 fords 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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall 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
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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 cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such 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 from a company authorized to do insurance business in Texas and otherwise
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acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock,Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon, and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
James R. Glaser, P.E.
Project Manager
HDR Engineering, Inc.
4401 West Gate Blvd., Ste.400
Austin, TX 78745-1469
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
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(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not-intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its
duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Nyle Maxwell,Mayor Stephan L. Sheets, City Attorney
ATTEST:
By:
Christine Martinez, City Secretary
HDR ENGC.
By:
Signature of Principal
Printed Name: _A otts �, �/fi.o) 44oe �t
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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
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EXHIBIT A
City Services
The City will provide to the Engineer under this agreement the following
items/information/assistance:
1. Provide assistance with coordination with LCRA.
2. Provide a list of utility providers with contact names and phone numbers for the project area.
3. Provide as-built or construction drawings of existing utilities with pipe material and pressure
classification;and locate existing utilities as requested by Engineer.
4. Assist Engineer in visiting pipeline route and tie-in locations as needed to finalize the Project
route.
5. Provide timely review of construction plans, technical specifications, and contract
documents.
EXHIBIT B
Engineering Services
DESIGN PHASE
1. Coordinate with City in establishing extent and routing of reclaimed water pipe into Old
Settler's Park.
2. Coordinate with surveyor to define scope of surveying and end products of surveying.
3. Include provisions in the fitting layout and design to accommodate ease of future extensions
of reclaimed water system.
4. Furnish to the City, where required by the circumstances of the assignment, the engineering
data necessary for applications for routine permits or approvals. The Engineer shall also
assist the City in coordination with the Lower Colorado River Authority (LCRA) and Brazos
River Authority(BRA),the provider of water.
5. Prepare specifications and contract drawings, for construction authorized by the City submit
to the applicable local and state agencies for approval.
6. The specifications will be prepared in conformance with the sixteen-division format of the
Construction Specification Institute and will be based upon Engineer's master specifications.
The General Conditions and other Contract Documents will be the City's standard
documents with the revisions previously suggested by the Engineer and approved by the
City.
7. Prepare for review and approval by City, its legal counsel and other advisors, contract
agreement forms, general and supplementary conditions of the construction contract,
proposal form, invitation to bid and instructions to bidders.
8. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's
judgment as a design professional familiar with the construction industry. It is recognized,
however, that neither Engineer nor the City has control over the cost of labor, materials or
equipment; over the Contractor's methods of determining bid prices; or over competitive
bidding, market or negotiating conditions. Accordingly, Engineer cannot and does not
warrant or represent that bids or negotiated prices will not vary from the City's Project
budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
Engineer.
9. Furnish the City all necessary copies of review sets and final approved plans, specifications,
notices to bidders, and proposals.
10. Provide information on utilities to be relocated in connection with the project. The City will
provide excavation to determine location and depth of underground water and sewer lines.
Utilities to be relocated by others shall be noted on the plans. City-owned utilities to be
relocated shall also be noted on the plans. Where feasible, relocation of City-owned utilities
shall be included in the construction contract.
BIDDING PHASE
1. Assist City in advertising for and obtaining proposals or negotiating proposals for the prime
contract for construction materials, equipment and services to be performed by a contractor
for the project (hereinafter called "Work"); and, where applicable, maintain a record of
prospective bidders to whom Contract Documents have been issued, attend pre-bid
conference and receive and process deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment
proposed by potential contractor(s) when substitution prior to the award of contracts is
allowed by the Contract Documents.
4. Attend the bid opening and prepare bid tabulation sheets. Assist City in evaluating bids or
proposals and in assembling and awarding contracts for construction materials, equipment
and services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the General Conditions
and Supplementary General Conditions of the Contract for Construction included in the
Contract Documents for the project. The extent and limitations of the duties and
responsibilities of Engineer as assigned in said Contract Documents shall not be modified,
except as Engineer may otherwise agree in writing. City shall issue all instructions to the
contractor performing the Work (hereinafter called "Contractor") except as otherwise
provided in writing.
2. Make periodic visits to the site to observe the progress and quality of the executed work and
to determine in general if the work is proceeding in accordance with the Contract
Documents. In performing this service, the Engineer will not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of the work or material; he
will not be responsible for the techniques and sequences of construction or the safety
precautions incident thereto, and he will not be responsible or liable in any degree for the
contractors' failure to perform the construction work in accordance with the Contract
Documents. During visits to the construction site, and on the basis of the Engineer's on-site
observations as an experienced and qualified design professional, he will keep the City
informed of the extent of the progress of the work, and advise the City of material and
substantial defects and deficiencies in the work of contractors which are discovered by the
Engineer or otherwise brought to the Engineer's attention in the course of construction, and
may, on behalf of the City, exercise whatever rights the City may have to disapprove work
and materials as failing to conform to the Contract Documents.
I Make recommendations to City concerning the disapproval or rejection of Contractors'Work
while it is in progress if Engineer believes that such Work will not produce a completed
project that conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the project as reflected in the Contract Documents.
Engineer shall have access to the Work at all times wherever it is in preparation or progress.
4. Consult and advise with the City; issue all instructions to the contractor requested by the
City; and prepare routine change orders as required.
5. Evaluate and determine the acceptability of substitute materials and equipment proposed by
Contractor.
6. Make recommendations to City regarding the advisability of requiring special inspections or
testing of the Work and have City, for the purposes of this paragraph, receive and review all
certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents.
7. Act as initial interpreter of the requirements of the Contract Documents, judge the
acceptability of the Work and make decisions on all claims of City and Contractor relating to
the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the contractor is required to submit, only for
conformance with the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
9. Determine the amount owing to Contractor based on Engineer's observations at the site and
the data comprising the Application for Payment, and recommend in writing payments to
Contractor in such amounts. Such recommendations of payment will constitute a
representation to City that the Work has progressed to the point indicated and that, to the best
of Engineer's knowledge, information and belief, the quality of the Work is in accordance
J
with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections of others, to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications expressed by
Engineer. The issuance of a recommendation will further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the issuance of a
recommendation for payment will not be a representation that the Engineer has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2)
reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data
requested by the City to substantiate the Contractor's right to payment; or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously
paid on account of the Contract Price.
10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds,
certificates of inspection and tests and approvals of equipment, which are to be provided by
Contractor in accordance with the Contract Documents. Determine that their content
complies with the requirements of the Contract Documents and transmit them to City with
written comments.
11. Conduct, in company with the City, a preliminary and a final inspection of the Project for
assessing conformance with the design concept and compliance with the Contract
Documents, determining the substantial completion date for the Project, and recommending
final payment to the contractor in writing.
12. Revise contract drawings, with the assistance of the City's representative, to provide record
drawings of the completed Project. Furnish one set of reproducible drawings, electronic files
(AutoCAD 2000i on CD ROM), and two sets of prints of the record drawings to the City.
Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving
parry shall be deemed to have accepted the data thus transferred. Any errors detected within
the 60-day acceptance period will be corrected by the party delivering the electronic files.
Engineer shall not be responsible to maintain documents stored in electronic media format after
acceptance by the City. When transferring documents in electronic media format, Engineer
makes no representations as to long term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or computer
hardware differing from those used by Engineer at the beginning of this Project. The City may
make and retain copies of Documents for information and reference in connection with use on
the Project by the City. Such Documents are not intended or represented to be suitable for
reuse by the City or others on extensions of the Project or on any other project. Any such reuse
or modification without written verification or adaptation by Engineer, as appropriate for the
specific purpose intended, will be at the City's sole risk and without liability or legal exposure
to Engineer or to Engineer's subconsultants. The City shall indemnify and hold harmless
Engineer and Engineer's subconsultants from all claims, damages, losses, and expenses,
including attorneys' fees arising out of or resulting there from. If there is a discrepancy
between the electronic files and the hard copies,the hard copies will govern.
13. Compile, review, and comment on operation and maintenance manuals, which will be
provided by Contractor in accordance with the Contract Documents.
14. Assist City staff during start-up of the project. The Engineer shall provide technical support
and professional advice regarding any unforeseen problems with the operation and
maintenance of the Project for a period of 1 year to the City.
CITY OF ROUND ROCK, TEXAS
OLD SETTLER'S PARK RECLAIMED WATER USE PROJECT
PROJECT SCHEDULE
2004 2005 2006
TASKS JjAjS101Nj1ff1J FF M A M J J A SIO N D J F M A M J
Notice to Proceed-December 2004 X
Finalize Areas To Be Irrigated
Develop Strategies
Finalize Pipeline Routing Into Park
Match Budget With Scope
Cross Connection Prevention
Surveying
Coordination With LCRA(Metering & Other)
Engineering Design
50%Review X
100% Complete X
Advertise/Bid/Award
Construction
Record Drawings and Project Closeout
HDR Engineering,Inc. Revised August 13,2004
EXHIBIT D
Fee Schedule
SEE ATTACHMENT
EXHIBIT D
Page 1 of 6
Preliminary List Of Project Components
Facilities At Old Settler's Park To Allow Use Of Reclaimed Water
Prepared For The City Of Round Rock
Prepared By HDR Engineering, Inc.
Nov-04
Item No. Description
1 18 inch reclaimed water line from an existing 24 inch reclaimed water line along
the north side of US 79. Connection of the 18 inch line to the 24 inch water line will be
near the entrance road to Old Settler's Park from US 79. Facilities will include a meter
and vault to meter water used at Old Settler's Park. Length of 18 inch pipeline will be dependent
on bid prices,and is expected to be 6,000 to 7,000 feet.
2 Connection of proposed 18 inch pipeline to existing irrigation systems at soccer fields and near
picnic pavilion, depending on funding.
3 Metering to allow water flow into the park to be monitored for billing and record purposes.
4 Checking to determine that cross connections are avoided when the existing irrigation systems
from potable water to reclaimed water.
Page 2 0/6
Preliminary Ust Of Tasks
Design Of Facilities At Old Settler's Park For Reclaimed Water Use
Prepared For the City of Round Rock
By HDR Engineering,Inc.
Nov-04
Estimated Hours By Category
Task No. Design Phase Description PM PE EE TECH CLER
2 Coordinate with surveyor. 6
3 Develop conceptual layout of pipeline routing. 4 a
4 Develop Strategies on key project items(see below). 4 40 4 12 10
a. Line routings.
b. Prevention of potential cross-connections.
c.Updated cost estimate.
d.Bidding strategy to match project to funding.
6 Prepare plans 10 96 28 120
7 Prepare specifications. 8 20 8 24
9 Revise plans and specifications as required by review. a 6 2 16
10 Internal quality assurance monitoring. 4 4 4
11 Project meetings 8 a
12 Project administration(filing setup,filing,staffing,scheduling). _ 8 16
Total 70 206 34 160 58
Bidding
2 Coordinating distribution of plans and specifications to bidders and plan houses. 4 8
3 Responding to bidder questions. 4 4 4
4 Pre-bid conference. 4 12
6 Rev"bids and develop recommendation for award. 2 4
7 Prepare contract documents. 2 2 4
Total 10 28 0 4 44
Notes
Hours for Plan Preparation(hem 6)Under Design)
Are From Next Page.
Construction Phase
1 Pre-comstruction Conference 1 2
2 Shop Drawing(Estmate 8)And O&M Review 2 16 2
3 Project Meetings/Site Visits/Documentabon(Estimate 10) 8 20 2
4 Respond To RFIs
4 12 2
5 Review Pay Applications(Estimate 5)
6 2
6 Project Administration(Contractor Communication/Subcontract Administration/Filing,...) 2 16 2
5 Project Start-up Observation 4 4
6 Prepare Record Drawings 6 16
7 Project Closeout 2 2
Total 21 84 0 16 12
Page 3 of 6
Preliminary List Of Plan Sheets
Design Of Facilities To Allow Use Of Reclaimed Water
Old Settler's Park
Prepared For The City of Round Rock
By HDR Engineering,Inc.
Nov-04
Series 0-General
Description Estimated Hours By Labor Category
PM PE EE Tech
OOG-01 Cover Sheet 2 4
OOG-02 Location Map and Sheet Index 2 4
OOG-03 Overall Project Map/Drawing Key
OOG-04 General Legend and Abbreviations 2 4
OOG-05 General Notes And Symbols 4 4
Series 200-Conveyance Line
01P-01 Overall Key Plan of Pipeline(Approximately 1"=200 Feet) 4 8 8
01P-02 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
01 P-03 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
OIP-04 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
01P-05 Meter Vault At Connection to Existing Reclaimed Water Line 4 16 20
01P-06 Details 2 8 16
Seedes 300-Electrical
03E-01 Legend 2 2
03E-02 Legend and Abbreviations 2 2
03E-03 Meter Vault 12 8
03E-04 Details/Controls 12 12
Total 22 78 28 120
Page 4 of 6
Design Of Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Design Phase
Basic Services
Salary
Wages $18,228
Overhead $31,899
Subtotal $50,127
Direct Costs
Miscellaneous $100
Travel $300
Printing/Copying $400
Computer $2,165
Subtotal $2,965
Total Estimated Cost $53,092
Fixed Fee $6,163
Total Estimated Design Phase Basic Services Fee $59,255
Additional Services
Surveying (Inland Civil Associates) $13,480
Page 5 of 6
Bidding Of Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City Of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Basic Services
Salary
Wages $2,522
Overhead $4,414
Subtotal $6,936
Direct Costs
Miscellaneous $400
Travel $150
Printing $250
Technology Recovery Charge $353
Subtotal $1,153
Total Estimated Cost $8,088
Fixed Fee $890
Total Estimated Basic Services Fee $8,978
Additional Services
Printing Plans and Specifications For Distributior $1,500
(Estimated Costs Nor Covered By Plan Charges)
Page 6 of 6
Construction Phase-Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City Of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Salary
Wages $4,921
Overhead $8,612
Subtotal $13,533
Direct Costs
Miscellaneous $400
Travel $150
Printing Record Drawings $500
Technology Recovery Charge $545
Subtotal $1,595
Total Estimated Cost $15,128
Fixed Fee $1,704
Total Estimated Basic Services Fee $16,832
EXHIBIT E
Certificates of Insurance
SEE ATTACHMENT
CERTIFICATE OF LIABILITY INSURANCE Date: 10/28/04
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Canpanies
444 W. 47th Street, Ste 900 A Zurich American Ins. Co — OP, KS
Kansas City, MO 64112-1906 B American Guarantee & Liab. (Zurich)
INSURED C Sentry Ins. Co.
HDR Engineering, Inc. D Continental Cas (VO Schinnerer)
8404 Indian Hills Dr, Cmaha, NE 68114-4049
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies,and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIM[M
LTR INSURANCE NUMBER DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
A G103504583 6/1/04 6/1/05 PRODUCTS-COMP/OPAGG. S2,000,000
PERSONAL&ADV.INJURY $1,000,000
EACHOCCURRENCE S1►000,000
FIRE DAMAGE(Any one fire) 51,000,000
MED.EXPENSE(Any one person) $ 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S1,000,000
BODILY INJURY(Per person) $
B W3504584 6/1/04 6/1/05 BODILY INJURY(Per accident) S
TAP3504586 6/1/04 6/1/05 PROPERTY DAMAGE S
EXCESS LIABILITY (excludes professional liab) EACH OCCURRENCE S1,000,000
B AUC3808400-00 6/1/04 6/1/05 AGGREGATE 51,000,000
WORKERS'COMPENSATION STATUTORY LIMITS S
AND EMPLOYERS'LIABILITY EACH ACCIDENT S1,000,000
DISEASE-POLICY LIMIT S1,000,000
C 90-14910-01 6/1/04 6/1/05 DISEASE-EACH EMPLOYEE 51,000,000
PROFESSIONAL LIABILITY Per Claim: $1,000,000
D PIN113978408 6/1/04 6/1/(15 Aggregate: $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL rmms/EXCEPTIONS
Re: Cm$tZuc '.on of a re� aimed water line and related facilities to allow use of
rx a i avatar i n C1 Ra+ F 1 arc U�r
The City of Round Rock is named as additional insured with respect to all policies except'Workers'Compensation and Employers'Liability'and
'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing
company will mail thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNA F AUTHO D REPRESENTATIVE
221 E.Main Street
Round Rock,Texas 78664 `
Typed Name: Grover Simpson
Title: President
Page 1
00650—7/2003 Certificate of Liability Insurance
0
M1 9
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DATE: November 23, 2004
SUBJECT: City Council Meeting - December 2, 2004
ITEM: 9.E.1. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with HDR Engineering, Inc.
for Reclaimed Water Use at Old Settlers Park Project.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director of Utilities
Justification:
This resolution is for professional services associated with the design and bidding
phase for this project involving implementation of the use of reclaimed water at Old
Settler's Park.
Funding:
Cost: $100,045.00
Source of funds: Capital Project Funds (Self Finance General)
Outside Resources: HDR Engineering, Inc.
Background Information:
Reclaimed water will be used to off set the need for additional water supplies. This
project will consist of designing and constructing approximately 7,000 linear feet of
18" reclaimed waterline in Old Settler's Park.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
J!OUND ROCK,TRME.WSSIM PRWERITY.
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR ENGINEERING, INC. ("Engineer")
ADDRESS: 2211 South IH-35, Suite 300,Austin, TX 78741-3842
PROJECT: RECLAIMED WATER USE AT OLD SETTLERS PARK
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the a—day of DF.IGM86P, , 2004 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act' provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.09/07/04
File Name: hdr-reclaimedwater-osp;76628 00064494
1
}
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not performed the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
2
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of One Hundred Thousand Forty-five and No/100 Dollars($ 100,045.00 )
as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination,that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251,V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Don M. Rundell, P.E.
Chief Utility Engineer
212 Commerce
Round Rock, Texas 78664
Telephone Number(512) 218-5554
Fax Number(512) 218-3242
Email Address drundellaround-rock.tx.us
4
i I
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:
James R. Glaser, P.E.
Project Manager
4401 West Gate Blvd., Ste. 400
Austin, TX 78745-1469
Telephone Number (512) 912-5113
Fax Number (512) 912-5158
Email Address Jim.glaser(-,hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
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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
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall 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 parry to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty(30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
8
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
above,then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty(30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations,then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
9
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or
liabilities which may be imposed on City as a result of such 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 from a company authorized to do insurance business in Texas and otherwise
10
acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any
notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon. and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
12
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
James R. Glaser, P.E.
Project Manager
HDR Engineering, Inc.
4401 West Gate Blvd., Ste. 400
Austin, TX 78745-1469
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
13
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its
duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF RO RO S APPR V D AS TO FO
By: L- 4:
Nyl e e,Aayor Stephan . Sheets, City Attorney
ATTE T:
By:
Christine Martinez, City Secretary
HDR ENGINEE G, INC.
By:
Si a of Princip 1
Printed Name: Jests
14
LIST OF EXHIBITS ATTACHED
(1)Exhibit A City Services
(2) Exhibit B Engineering Services
(3)Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5)Exhibit E Certificates of Insurance
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EXHIBIT A
City Services
The City will provide to the Engineer under this agreement the following
items/information/assistance:
1. Provide assistance with coordination with LCRA.
2. Provide a list of utility providers with contact names and phone numbers for the project area.
3. Provide as-built or construction drawings of existing utilities with pipe material and pressure
classification;and locate existing utilities as requested by Engineer.
4. Assist Engineer in visiting pipeline route and tie-in locations as needed to finalize the Project
route.
5. Provide timely review of construction plans, technical specifications, and contract
documents.
EXHIBIT B
Engineering Services
DESIGN PHASE
1. Coordinate with City in establishing extent and routing of reclaimed water pipe into Old
Settler's Park.
2. Coordinate with surveyor to define scope of surveying and end products of surveying.
3. Include provisions in the fitting layout and design to accommodate ease of future extensions
of reclaimed water system.
4. Furnish to the City, where required by the circumstances of the assignment, the engineering
data necessary for applications for routine permits or approvals. The Engineer shall also
assist the City in coordination with the Lower Colorado River Authority (LCRA) and Brazos
River Authority(BRA), the provider of water.
5. Prepare specifications and contract drawings, for construction authorized by the City submit
to the applicable local and state agencies for approval.
6. The specifications will be prepared in conformance with the sixteen-division format of the
Construction Specification Institute and will be based upon Engineer's master specifications.
The General Conditions and other Contract Documents will be the City's standard
documents with the revisions previously suggested by the Engineer and approved by the
City.
7. Prepare for review and approval by City, its legal counsel and other advisors, contract
agreement forms, general and supplementary conditions of the construction contract,
proposal form, invitation to bid and instructions to bidders.
8. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's
judgment as a design professional familiar with the construction industry. It is recognized,
however, that neither Engineer nor the City has control over the cost of labor, materials or
equipment; over the Contractor's methods of determining bid prices; or over competitive
bidding, market or negotiating conditions. Accordingly, Engineer cannot and does not
warrant or represent that bids or negotiated prices will not vary from the City's Project
budget or from any estimate of Construction Cost or evaluation prepared or agreed to by
Engineer.
9. Furnish the City all necessary copies of review sets and final approved plans, specifications,
notices to bidders, and proposals.
10. Provide information on utilities to be relocated in connection with the project. The City will
provide excavation to determine location and depth of underground water and sewer lines.
Utilities to be relocated by others shall be noted on the plans. City-owned utilities to be
relocated shall also be noted on the plans. Where feasible, relocation of City-owned utilities
shall be included in the construction contract.
BIDDING PHASE
1. Assist City in advertising for and obtaining proposals or negotiating proposals for the prime
contract for construction materials, equipment and services to be performed by a contractor
for the project (hereinafter called "Work"); and, where applicable, maintain a record of
prospective bidders to whom Contract Documents have been issued, attend pre-bid
conference and receive and process deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment
proposed by potential contractor(s) when substitution prior to the award of contracts is
allowed by the Contract Documents.
4. Attend the bid opening and prepare bid tabulation sheets. Assist City in evaluating bids or
proposals and in assembling and awarding contracts for construction materials, equipment
and services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the General Conditions
and Supplementary General Conditions of the Contract for Construction included in the
Contract Documents for the project. The extent and limitations of the duties and
responsibilities of Engineer as assigned in said Contract Documents shall not be modified,
except as Engineer may otherwise agree in writing. City shall issue all instructions to the
contractor performing the Work (hereinafter called "Contractor") except as otherwise
provided in writing.
2. Make periodic visits to the site to observe the progress and quality of the executed work and
to determine in general if the work is proceeding in accordance with the Contract
Documents. In performing this service, the Engineer will not be required to make exhaustive
or continuous on-site inspections to check the quality or quantity of the work or material; he
will not be responsible for the techniques and sequences of construction or the safety
precautions incident thereto, and he will not be responsible or liable in any degree for the
contractors' failure to perform the construction work in accordance with the Contract
Documents. During visits to the construction site, and on the basis of the Engineer's on-site
observations as an experienced and qualified design professional, he will keep the City
informed of the extent of the progress of the work, and advise the City of material and
substantial defects and deficiencies in the work of contractors which are discovered by the
Engineer or otherwise brought to the Engineer's attention in the course of construction, and
may, on behalf of the City, exercise whatever rights the City may have to disapprove work
and materials as failing to conform to the Contract Documents.
3. Make recommendations to City concerning the disapproval or rejection of Contractors' Work
while it is in progress if Engineer believes that such Work will not produce a completed
project that conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the project as reflected in the Contract Documents.
Engineer shall have access to the Work at all times wherever it is in preparation or progress.
4. Consult and advise with the City; issue all instructions to the contractor requested by the
City; and prepare routine change orders as required.
5. Evaluate and determine the acceptability of substitute materials and equipment proposed by
Contractor.
6. Make recommendations to City regarding the advisability of requiring special inspections or
testing of the Work and have City, for the purposes of this paragraph, receive and review all
certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents.
7. Act as initial interpreter of the requirements of the Contract Documents, judge the
acceptability of the Work and make decisions on all claims of City and Contractor relating to
the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the contractor is required to submit, only for
conformance with the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
9. Determine the amount owing to Contractor based on Engineer's observations at the site and
the data comprising the Application for Payment, and recommend in writing payments to
Contractor in such amounts. Such recommendations of payment will constitute a
representation to City that the Work has progressed to the point indicated and that, to the best
of Engineer's knowledge, information and belief, the quality of the Work is in accordance
with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections of others, to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications expressed by
Engineer. The issuance of a recommendation will further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the issuance of a
recommendation for payment will not be a representation that the Engineer has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2)
reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data
requested by the City to substantiate the Contractor's right to payment; or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously
paid on account of the Contract Price.
10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds,
certificates of inspection and tests and approvals of equipment, which are to be provided by
Contractor in accordance with the Contract Documents. Determine that their content
complies with the requirements of the Contract Documents and transmit them to City with
written comments.
11. Conduct, in company with the City, a preliminary and a final inspection of the Project for
assessing conformance with the design concept and compliance with the Contract
Documents, determining the substantial completion date for the Project, and recommending
final payment to the contractor in writing.
12. Revise contract drawings, with the assistance of the City's representative, to provide record
drawings of the completed Project. Furnish one set of reproducible drawings, electronic files
(AutoCAD 20001 on CD ROM), and two sets of prints of the record drawings to the City.
Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving
party shall be deemed to have accepted the data thus transferred. Any errors detected within
the 60-day acceptance period will be corrected by the party delivering the electronic files.
Engineer shall not be responsible to maintain documents stored in electronic media format after
acceptance by the City. When transferring documents in electronic media format, Engineer
makes no representations as to long term compatibility, usability, or readability of documents
resulting from the use of software application packages, operating systems, or computer
hardware differing from those used by Engineer at the beginning of this Project. The City may
make and retain copies of Documents for information and reference in connection with use on
the Project by the City. Such Documents are not intended or represented to be suitable for
reuse by the City or others on extensions of the Project or on any other project. Any such reuse
or modification without written verification or adaptation by Engineer, as appropriate for the
specific purpose intended, will be at the City's sole risk and without liability or legal exposure
to Engineer or to Engineer's subconsultants. The City shall indemnify and hold harmless
Engineer and Engineer's subconsultants from all claims, damages, losses, and expenses,
including attorneys' fees arising out of or resulting there from. If there is a discrepancy
between the electronic files and the hard copies,the hard copies will govern.
13. Compile, review, and comment on Operation and maintenance manuals, which will be
provided by Contractor in accordance with the Contract Documents.
14. Assist City staff during start-up of the project. The Engineer shall provide technical support
and professional advice regarding any unforeseen problems with the operation and
maintenance of the Project for a period of 1 year to the City.
CITY OF ROUND ROCK, TEXAS
OLD SETTLER'S PARK RECLAIMED WATER USE PROJECT
PROJECT SCHEDULE
2004 2005 2006
TASKS J A S O N D J F M A M J J A S O N D J F M A M J
Notice to Proceed - December 2004 X
!
Finalize Areas To Be Irrigated
Develop Strategies !
Finalize Pipeline Routing Into Park
Match Budget With Scope
Cross Connection Prevention
Surveying
Coordination With LCRA(Metering &Other)
I
Engineering Design
50%Review X
100% Complete X
Advertise/Bid/Award
Construction
! i I
Record Drawings and Project Closeout !
HDR Engineering, Inc. Revised August 13,2004
EXHIBIT D
Fee Schedule
SEE ATTACHMENT
EXHIBIT D
Page 1 of 6
Preliminary List Of Project Components
Facilities At Old Settler's Park To Allow Use Of Reclaimed Water
Prepared For The City Of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Item No. Description
1 18 inch reclaimed water line from an existing 24 inch reclaimed water line along
the north side of US 79. Connection of the 18 inch line to the 24 inch water line will be
near the entrance road to Old Settler's Park from US 79. Facilities will include a meter
and vault to meter water used at Old Settler's Park. Length of 18 inch pipeline will be dependent
on bid prices, and is expected to be 6,000 to 7,000 feet.
2 Connection of proposed 18 inch pipeline to existing irrigation systems at soccer fields and near
picnic pavilion, depending on funding.
3 Metering to allow water flow into the park to be monitored for billing and record purposes.
4 Checking to determine that cross connections are avoided when the existing irrigation systems
from potable water to reclaimed water.
1 ,
Page 2 of 6
Preliminary List Of Tasks
Design Of Facilities At Old Settler's Park For Reclaimed Water Use
Prepared For the City of Round Rock
By HDR Engineering,Inc.
Nov-04
Estimated Hours By Category
Task No. Description PM PE EE TECH CLER
Design Phase
2 Coordinate with surveyor. 6
3 Develop conceptual layout of pipeline routing. 4 8
4 Develop Strategies on key project items(see below). 4 40 4 12 10
a. Line routings.
b. Prevention of potential cross-connections.
c. Updated cost estimate.
d. Bidding strategy to match project to funding.
6 Prepare plans 10 96 28 120
7 Prepare spedfications. 8 20 8 24
9 Revise plans and specifications as required by review. 8 8 2 16
10 Internal quality assurance monitoring. 4 4 4
11 Project meetings 8 8
12 Project administration(filing setup,filing,staffing,scheduling). 8 16
Total 70 206 34 160 58
Bidding
2 Coordinating distribution of plans and specifications to bidders and plan houses. 4 8
3 Responding to bidder questions. 4 4 4
4 Pre-bid conference. 4 12
6 Revew bids and develop recommendation for award. 2 4
7 Prepare contract documents. 2 2 4
Total 10 28 0 4 44
Notes
Hours for Plan Preparation(hem 6)Under Design)
Are From Next Page.
Construction Phase
1 Precomstruction Conference 1 2
2 Shop Drawing(Estmate 8)And O&M Review 2 16 2
3 Project Meetings/Site Visits/Documentation(Estimate 10) 8 20 2
4 Respond To RFIs 4 12 2
5 Review Pay Applications(Estimate 5) 6 2
6 Project Administration(Contractor Communication/Subcontract Administration/Filing,...) 2 16 2
5 Project Start-up Observation 4 4
6 Prepare Record Drawings 6 16
7 Project Closeout 2 2
Total 21 84 0 16 12
Page 3 of 6
Preliminary List Of Plan Sheets
Design Of Facilities To Allow Use Of Reclaimed Water
Old Settler's Park
Prepared For The City of Round Rock
By HDR Engineering,Inc.
Nov-04
Description Estimated Hours By Labor Category
Series 0-General PM PE EE Tech
OOG-01 Cover Sheet 2 4
OOG-02 Location Map and Sheet Index 2 4
OOG-03 Overall Project Map/Drawing Key
OOG-04 General Legend and Abbreviations 2 4
OOG-05 General Notes And Symbols 4 4
Series 200-Conveyance Line
01P-01 Overall Key Plan of Pipeline(Approximately 1"=200 Feet) 4 8 8
01 P-02 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
01P-03 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
01P-G4 Pipeline Detail Plan(Approximately 1"=50 Feet) 4 12 12
01 P-05 Meter Vault At Connection to Existing Reclaimed Water Line 4 16 20
01 P-06 Details 2 8 16
Searles 300-Electrical
03E-01 Legend 2 2
03E-02 Legend and Abbreviations 2 2
03E-03 Meter Vault 12 8
03E-04 Details/Controls 12 12
Total 22 78 28 120
Page 4 of 6
Design Of Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Design Phase
Basic Services
Salary
Wages $18,228
Overhead $31,899
Subtotal $50,127
Direct Costs
Miscellaneous $100
Travel $300
Printing/Copying $400
Computer $2,165
Subtotal $Z965
Total Estimated Cost $53,092
Fixed Fee $6,163
Total Estimated Design Phase Basic Services Fee $59,255
Additional Services
Surveying (Inland Civil Associates) $13,480
Page 5 of 6
Bidding Of Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City Of Round Rock
Prepared By HDR Engineering, Inc.
Nov-04
Basic Services
Salary
Wages $2,522
Overhead $4,414
Subtotal $6,936
Direct Costs
Miscellaneous $400
Travel $150
Printing $250
Technology Recovery Charge $353
Subtotal $1,153
Total Estimated Cost $8,088
Fixed Fee $890
Total Estimated Basic Services Fee $8,978
Additional Services
Printing Plans and Specifications For Distributior $1,500
(Estimated Costs Nor Covered By Plan Charges)
Page 6 of 6
Construction Phase-Facilities At Old Settler's Park
For Reclaimed Water Use
Prepared For The City Of Round Rock
Prepared By HDR Engineering,Inc.
Nov-04
Salary
Wages $4,921
Overhead $8,612
Subtotal $13,533
Direct Costs
Miscellaneous $400
Travel $150
Printing Record Drawings $500
Technology Recovery Charge $545
Subtotal $1,595
Total Estimated Cost $15,128
Fixed Fee $1,704
Total Estimated Basic Services Fee $16,832
EXHIBIT E
Certificates of Insurance
SEE ATTACHMENT
s
CERTIFICATE OF LIABILITY INSURANCE Date: 10/28/04
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Ccmpanies
Street, Ste 900 A Zurich American Ins. Co - OP, KS
444 W. 47th S
Kansas City, tr t, Ste
B American Guarantee & Liab. (Zurich)
C Sentry Ins. Co.
INSURED
fIDR Engineering, Inc. D Continental Cas (VO Schirinerer)
8404 Indian Hills Dr, Omaha, NE 68114-4049
THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the
business operations hereinafter described, for the types of insurance and in accordance with the provisions of the
standard policies used by the companies,and further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LI IITS
LTR INSURANCE NUMBER DATE DATE
GENERAL LIABILITY GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGG. s2,000,000
A r,L03504583 6/1/04 6/1/05 PERSONAL&ADV.INJURY $1,000,000
EACH OCCURRENCE S1,000,000
FIRE DAMAGE(Any one fire) $1,000,000
MED.EXPENSE(Any one person) S 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Sl,000,000
BODILY INJURY(Per person) $
B BAP3504584 6/1/04 6/1/05 BODILY INJURY(Per accident) $
TAP3504586 6/1/04 6/1/05 PROPERTY DAMAGE S
EXCESS LIABILITY (excludes professional liab) EACH OCCURRENCE $1,000,000
AGGREGATE 51,000,000
B AUC3808400-00 6/1/04 6/1/05
WORKERS'COMPENSATION STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT S1,000,000 DISEASE-POLICY LIMIT S1000000
C
90-14910-01 6/1/04 6/1/05 DISEASE-EACH EMPLOYEE $1,000,000
PROFESSIONAL LIABILITY Per Claim: $1,000,000
D PIN113978408 6/1/04 6/1/05 Aggregate: $1,000,000
DESCRIPTION OF OPERATIONS/LOCAnONSNEHICLES/SPECLSL ITEMS/EXCEPTIONS
Re- ConsSt uc ion of a re�]�aimed water 1* and related facilities to allow use of
rPrlaimc in (7 4Attlarc P r'
The City of Round Rock is named as additional insured with respect to all policies except`Workers'Compensation and Employers Liabilityand
`Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof the issuing
company will mail thirty(30)days written notice to the certificate bolder named below.
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGNA F AUT 40 D REPRESENTATIVE
221 E.Main Street
Round Rock,Texas 78664
Typed Name: Grover Simpson
Title: President
Page 1
00650—7/2003 Certificate of Liability Insurance