R-01-04-12-14C1 - 4/12/2001Mayor
Robert A. Stlaka, Jr.
Mayor Pro,tem
Earl M. Hairston
Council Members
Torn} Nielson '-
Carrie Pitt
Earl Painter
Isabel Callahan
Jimmy Joseph
City Manager
Robert L Bennett, Jr.
City Attu
ttorney
Stephan). Sheets -
June 6, 2001
Mr. James K. Haney, P.E.
HDR Engineering, Inc.
2211 South IH 35. Suite 300
Austin, TX 78741
Dear Mney:
The Round Rock City Council approved Resolution No. R- 01- 04 -12-
14C1 at their regularly scheduled meeting on April 12, 2001. This
resolution approves a contract for Engineering Services with HDR
Engineering, Inc., for the Preliminary Design Phase for the use of
reclaimed water to irrigate Old Settlers Park at Palm Valley.
Enclosed is a copy of the resolution and original contract for your files.
If you have any questions, please do not hesitate to contact Jim Nuse at
218 -5555.
- Sincerely,
Joanne Land
Assistant City Manager/
City Secretary ,
Enclosures
Fax: 512.218 -7097
1.800- 735- 2989TDD -
www.ci.round- rock.lx.us - •
1.800.735.2988 Voice
221 Fast Main Street
Round Rock, Texas 78664
512.218 -5400
WHEREAS, the City of Round Rock desires to retain engineering
services for the Preliminary Design Phase for the use of reclaimed water
to irrigate Old Settlers Park at Palm Valley, 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 Preliminary Design Phase for the use of reclaimed water to
irrigate Old Settlers Park at Palm Valley, a copy of said contract being
attached hereto 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, and the Act.
ATTEST:
RESOLUTION NO. R- 01- 04- 12 -14C1
RESOLVED this 12th day of April
LAND, City Secretary
0.\WP DOGS \RESOLUTI \R10412CL.WPO /Sc
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"AA /
ROB O ! „ / U� j JR. Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
Contract No.
THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the
City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and
HDR Engineering Inc. having its principal business address at 2211 South IH 35, Suite 300, Austin,
TX 78741, hereinafter called "Engineer" for the purpose of contracting for Engineering services.
WITNESSETH
WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services
Procurement Act" provides for the procurement of professional services of Engineers; and '
WHEREAS, Resolution No. establishes the City's policies and
procedures for contracting for Engineering services; and
WHEREAS, the City desires to contract for Engineering services described as follows:
Engineer shall provide services associated with the use of reclaimed water to irrigate Old Settlers
Park. Services shall include those services described in Attachments to this Agreement. The initial
phase of services shall involve preliminary engineering associated with coordination with the Texas
Natural Resource Conservation Commission (TNRCC), identification of water pumping and
storage facilities (including the feasibility of using ponds) needed at the park, coordinating with the
Parks and Recreation Department regarding the appearance of a pumping station building, the
development of estimated construction costs for the facilities, coordination with the Lower
Colorado River Authority (LCRA) and the Brazos River Authority (BRA) as required regarding the
use of reclaimed water at the plant, and related work items.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants
and agreements herein contained, do hereby mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES TO BE PROVIDED BY CITY
The City will furnish items and perform those services for fulfillment of the Contract as
identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of
this Contract.
Page 1 of 12
ARTICLE 2
SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER
The Engineer shall perform those Engineering services for fulfillment of the Contract as
identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a
part of this Contract.
The Engineer shall prepare a schedule of work identified as Attachment C - Work and Fee
Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a
complete schedule so that the Engineer's Scope of Services under this Contract can be
accomplished within the specified time and contract cost. The Work Schedule will provide specific
work sequence and definite review times by the City and the Engineer of the work performed. If the
review time should take longer than shown on the work schedule, through no fault of the Engineer,
the City through a supplemental agreement will authorize additional contract time if requested by a
timely written request from the Engineer and approved by the City. Services to be performed by
subconsultants to Engineer are included as Attachment D — Subconsultant Scopes of Work.
ARTICLE 3
CONTRACT PERIOD
After execution of this Contract, the Engineer shall not proceed with the work outlined
under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This
Contract shall terminate at the close of business on unless extended by
written supplemental agreement duly executed by the Engineer and the City prior to the date of
termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as
provided in Article 19 - Termination. Any work performed or cost incurred after the date of
termination shall be ineligible for reimbursement.
The Engineer shall notify the City in writing as soon as possible if it determines, or
reasonably anticipates, that the work under this Contract cannot be completed before the
termination date, and the City may, at its sole discretion, extend the contract period by timely
supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall
allow adequate time for review and approval of the request for time extension by the City prior to
expiration of this Contract.
ARTICLE 4
COMPENSATION
The City shall pay and the Engineer shall receive the compensation hereinafter set forth, for
the Preliminary Design, Final Design, Bidding and Construction Phases of the work and for Special
Assignments and Services not included in these phases.
Page 2 of 12
A. PRELIMINARY DESIGN PHASE
Payment for services in the Preliminary Design Phase shall be on the basis of a per diem
for salary costs plus reimbursement of expenses, with an upper limit on fee of Twenty -Five
Thousand Nine Hundred and Eleven Dollars ($25,911). The upper limit on fee shall not be
exceeded without prior written authorization by the City of Round Rock.
Final payment for services authorized in the Preliminary Design Phase shall be due upon
the completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
B. FINAL DESIGN PHASE
Compensation for Final Design Phase services shall be negotiated at the time that such
services are authorized.
C. BIDDING PHASE
Compensation for Bidding Phase services shall be negotiated at the time that such
services are authorized.
D. CONSTRUCTION PHASE
Page 3 of 12
Compensation for Construction Phase services shall be negotiated at the time that such
services are authorized.
E. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE
PERCENTAGE CHARGES
The charges above described in the Preliminary Design, Final Design, Bidding, and
Construction Phases shall provide compensation to the Engineer for all services called for under
this Agreement to be performed by him, or under his direction, except the services set forth
below. These excluded services and Special Assignments, and the compensation to be paid by
the City to the Engineer for their performance, as required, are as follows:
1. Performance of property surveys and preparation of property or easement descriptions.
2. Assistance to the City as an expert witness in any mediation, arbitration, or litigation with
third parties, arising from the development or construction of the Project.
3. More than two meetings each with the LCRA, BRA, and the TNRCC.
The Special Assignments and excluded services, as authorized by the City, shall be
reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.40 for the
Engineer. All direct non -labor expenses will be billed at the invoice cost plus ten percent (10 %)
service charge. (Note: Billing rates are revised each January to reflect salary increases.)
The Engineer shall prepare and submit to the City monthly progress reports in sufficient
detail to support the progress of the work and in support of invoice requesting monthly payment.
Satisfactory progress of work shall be maintained as a condition of payment.
The fee may be adjusted if additional work is approved by supplemental agreement and
performed by the Engineer.
ARTICLE 5
METHOD OF PAYMENT
Payments to the Engineer for services rendered will be made while work is in progress. The
Engineer will prepare and submit to the City, no more frequently than once per month, a progress
report stating the percent completion of the work accomplished during the billing period and to
date, and one original and one copy of a certified invoice in a form acceptable to the City. Payment
shall be on the basis of per diem plus reimbursement of costs. Upon receipt and approval of each
statement, the City shall make a good faith effort to pay the amount, which is due and payable
within Thirty (30) days. The City shall reserve the right to withhold payment pending verification of
satisfactory work performed. The Engineer must submit adequate proof to the City that the task
was completed.
The certified statements shall show the total amount earned to the date of submission and
the amount due and payable as of the date of the current statement. Final payment does not relieve
the Engineer of the responsibility of correcting any errors and/or omissions resulting from its
negligence.
ARTICLE 6
NOTICE TO PROCEED
The City will issue a written authorization to proceed with the work identified in the scope
of services. The City shall not be responsible for actions by the Engineer or any costs incurred by
the Engineer relating to additional work not included in Attachment B - Services to be Provided by
the Engineer.
ARTICLE 7
PROGRESS
The Engineer shall, from time to time during the progress of the work, confer with the City.
The Engineer shall prepare and present such information as may be pertinent and necessary, or as
may be requested by the City, in order to evaluate features of the work.
At the request of the City or the Engineer, conferences shall be provided at the Engineer's
office, the office of the City, or at other locations designated by the City. These conferences shall
also include evaluation of the Engineer's services and work when requested by the City.
Page 4 of 12
Should the City determine that the progress in production of work does not satisfy the Work
Schedule, the City shall review the work Schedule with the Engineer to determine corrective action
needed.
The Engineer shall promptly advise the City in writing of events which have a significant
impact upon the progress of the work, including:
(1) problems, delays, adverse conditions which will materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; this disclosure will be
accompanied by statement of the action taken, or contemplated, and any City assistance
needed to resolve the situation; and
(2) favorable developments or events which enable meeting the work schedule goals
sooner than anticipated.
ARTICLE 8
SUSPENSION
Should the City desire to suspend the work, but not terminate the Contract, this may be done
by thirty (30) calendar days verbal notification followed by written confirmation from the City to
that effect. Both parties may waive the thirty -day notice in writing. The work may be reinstated
and resumed in full force and effect within sixty (60) days of receipt of written notice from the City
to resume the work. Both parties may waive the sixty - day notice in writing.
If the City suspends the work, the contract period as determined in Article 3 is not affected
and the Contract will terminate on the date specified unless the Contract is amended.
The City assumes no liability for work performed or costs incurred prior to the date
authorized by the City to begin work, during periods when work is suspended, or subsequent to the
contract completion date.
ARTICLE 9
ADDITIONAL WORK
If the Engineer is of the opinion that any work it has been directed to perform is beyond the
scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the
event the City finds that such work does constitute extra work and exceeds the maximum amount
payable, the City shall so advise the Engineer and a written supplemental agreement will be
executed between the parties as provided in Article 11. The Engineer shall not perform any
proposed additional work or incur any additional costs prior to the execution, by both parties, of a
supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs
incurred by the Engineer relating to additional work not directly associated with the performance of
the work authorized in this Contract or as amended.
Page 5 of 12
ARTICLE 10
CHANGES IN WORK
If the City finds it necessary to request changes to previously satisfactorily completed work
or parts thereof which involve changes to the original scope of services or character of work under
the Contract, the Engineer shall make such revisions if requested and as directed by the City. This
will be considered as additional work and paid for as specified under Article 9 - Additional Work.
The Engineer shall make such revisions to the work authorized in this Contract which has
been completed as are necessary to correct errors appearing therein, when required to do so by the
City. No additional compensation shall be paid for this work.
ARTICLE 11
SUPPLEMENTAL AGREEMENTS
The terms of this Contract may be modified by supplemental agreement if the City
determines that there has been a significant change in (1) the scope, complexity or character of the
service to be performed; or (2) the duration of the work. Additional compensation, if appropriate,
shall be identified as provided in Article 4.
Any supplemental agreement must be executed by both parties within the contract period
specified in Article 3 - Contract Period.
It is understood and agreed that no claim for extra work done or materials furnished shall be
made by the Engineer until full execution of the supplemental agreement and authorization to
proceed is granted by the City. The City reserves the right to withhold payment pending verification
of satisfactory work performed.
ARTICLE 12
OWNERSIIIP 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 the City and shall
be furnished to the City upon request. All documents prepared by the Engineer and all documents
furnished to the Engineer by the City shall be delivered to the City upon completion or termination
of this Contract. The Engineer, at its own expense, may retain copies of such documents or any
other data which it has furnished the City under this Contract. Release of information shall be in
conformance with the Texas Open Records Act.
ARTICLE 13
PERSONNEL, EQUIPMENT AND MATERIAL
The Engineer shall furnish and maintain, at its own expense, quarters for the performance of
all services, and adequate and sufficient personnel and equipment to perform the services as
required. All employees of the Engineer shall have such knowledge and experience as will enable
Page 6 of 12
them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of
the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be
removed from association with the project when so instructed by the City. The Engineer certifies
that it presently has adequate qualified personnel in its employment for performance of the services
required under this Contract, or will be able to obtain such personnel from sources other than the
City.
The Engineer may not change the Project Manager without prior consent of the City.
ARTICLE 14
SUBCONTRACTING
The Engineer shall not assign, subcontract or transfer any portion of the work under this
Contract without prior written approval from the City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by the City prior to work
being performed under the subcontract.
No subcontract relieves the Engineer of any responsibilities under this Contract.
ARTICLE 15
EVALUATION OF WORK
The City and any authorized representatives shall have the right at all reasonable times to
review or otherwise evaluate the work performed or being performed hereunder and the premises in
which it is being performed. If any review or evaluation is made on the premises of the Engineer or
a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable
facilities and assistance for the safety and convenience of the City representatives in the
performance of their duties.
ARTICLE 16
SUBMISSION OF REPORTS
All applicable work shall be submitted in preliminary form for approval by the City before
the final version of the work is issued. The City's comments on the Engineer's preliminary work
will be addressed in the final work product.
ARTICLE 17
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of Contract terms or breach of contract by the Engineer shall be grounds for
termination of the Contract and any increased cost arising from the Engineer's default, breach of
contract or violation of contract terms shall be paid by the Engineer.
Page 7of
ARTICLE 18
TERMINATION
The Contract may be terminated before the stated termination date by any of the following
conditions.
(1) By mutual agreement and consent, in writing of both parties.
(2) By the City by notice in writing to the Engineer as a consequence of failure by the
Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the
Engineer upon not less than thirty (30) days written notice to the Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should the 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 the Engineer. In determining the value
of the work performed by the Engineer prior to termination, the City shall be the sole judge.
Compensation for work at termination will be based on a percentage of the work completed at that
time. Should the City terminate this Contract under (4) of the paragraph identified above, the
amount charged during the thirty (30) day notice period shall not exceed the amount charged during
the preceding thirty (30) days.
If the Engineer defaults in the performance of this Contract or if the City terminates this
Contract for fault on the part of the Engineer, the City will give consideration to the actual costs
incurred by the Engineer in performing the work to the date of default, the amount of work required
which was satisfactorily completed to date of default, the value of the work which is usable to the
City, the cost to the City of employing another firm to complete the work required and the time
required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this
Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this
Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take
over the project and prosecute the work to completion. In such case, the Engineer shall be liable to
the City for any additional cost occasioned the City.
The Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of the procurement made by the Engineer in support of the scope of services
under this Contract.
Page 8 of 12
ARTICLE 19
COMPLIANCE WITH LAWS
The 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,
worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and
licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory
proof of its compliance therewith.
ARTICLE 20
INDEMNIFICATION
The Engineer shall save harmless the City and its officers and employees from all claims
and liability due to activities of itself, its agents, or employees, performed under this Contract and
which are caused by or result from negligent error, omission, or act of the Engineer or of any person
employed by the Engineer. The Engineer shall also save harmless the City from any and all
expense, including, but not limited to, attorney fees which may be incurred by the City in litigation
or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such
activities by the Engineer, its agents, or employees.
ARTICLE 21
Engineer's RESPONSIBILITY
The Engineer shall be responsible for the accuracy of its work and shall promptly make
necessary revisions or corrections resulting from its errors, omissions, or negligent acts without
compensation. The City will determine the Engineer's responsibility for all questions arising from
design errors and/or omissions. The Engineer will not be relieved of the responsibility for
subsequent correction of any such errors or omissions or for clarification of any ambiguities until
after the construction phase of the project has been completed.
ARTICLE 22
Engineer's SEAL
The responsible Engineer shall sign, seal and date all appropriate Engineering submissions
to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board
of Registration for Professional Engineers.
ARTICLE 23
NONCOLLUSION
The Engineer warrants that it has not employed or retained any company or persons, other
than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and
that 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
Page 9 of 12
making of this Contract. For breach or violation of this warranty, the City shall have the right to
annul this Contract without liability or, in its discretion, to deduct from the contract price or
compensation, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
ARTICLE 24
INSURANCE
The Engineer shall furnish the City a properly completed Certificate of Insurance approved
by the City prior to beginning work under this Contract and shall maintain such insurance through
the contract period.
ARTICLE 25
INSPECTION OF Engineer's BOOKS AND RECORDS
AND AUDIT REQUIREMENTS
The City shall have the exclusive right to examine the books and records of the Engineer for
the purpose of checking the amount of work performed by the Engineer at the time of contract
termination. The Engineer shall maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and shall make such materials available at its office
during the contract period and for four (4) years from the date of final payment under this Contract
or until pending litigation has been completely and fully resolved, whichever occurs last. The City
or any of its duly authorized representatives, shall have access to any and all books, documents,
papers and records of the Engineer which are directly pertinent to this Contract for the purpose of
making audits, examinations, excerpts and transcriptions.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
The Engineer warrants that the representations included in the Debarment Certification
(Negotiated Contracts) submitted with the offer to provide services are current and still valid.
ARTICLE 27
COPYRIGHTS
The 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 the Engineer for
governmental purposes.
Page 10 of 12
The Engineer, and the City, do hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors, executors,
administrators, and assigns of such other party in respect to all covenants of this Contract. The
Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior
written consent of the City.
ARTICLE 28
COMPUTER GRAPHICS FILES
The Engineer agrees to comply with the Special Provision "Computer Graphics Files for
Document and Information Exchange," if determined by the City to be applicable to this Contract
and if so stated in Attachment B and attached hereto.
City of Round Rock
Attn.: City Manager
221 E. Main St.
Round Rock, TX 78664
With copy to:
ARTICLE 29
SUCCESSORS AND ASSIGNS
ARTICLE 30
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, 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 31
PRIOR CONTRACT SUPERSEDED
This Contract constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein.
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 address:
HDR Engineering Inc.
Attn.: James K. Haney P.E.
2211 S. IH -35, Suite 300
Austin, TX 78741
Page 11 of 12
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, Texas 78664
ARTICLE 33
SIGNATORY WARRANTY
The undersigned signatory or signatories for the Engineer hereby represent and warrant that
the signatory is an officer of the organization for which he or she has executed this Contract and
that he or she has full and complete City to enter into this Contract on behalf of the firm. The
above - stated representations and warranties are made for the purpose of inducing the City to enter
into this Contract.
IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate.
Engineer (HDR Engineering, Inc.)
B
ames K. Hane P.E.
Executive Vice President
Date: '7 /d /
LIST OF ATTACHMENTS
Page 12 of 12
City of Round Rock
Attachment A - Services to be Provided by the City
Attachment B - Services to be Provided by the Engineer
Attachment C - Work and Fee Schedules
Attachment D - Subconsultant Scopes of Work
B r:t drl
o ert A. Stlu . , Jr
Mayor
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE City
The City of Round Rock shall furnish to the Engineer the following items, information, and
assistance:
1. Provide copies of any existing aerial mapping, an electronic file of the Old Settlers Park
boundary, and a layout of existing or planned facilities.
2. Proposed locations for earthen storage facilities.
3. Plans for the existing irrigation system.
4. Plans for potable water piping in the park.
5. Timely review of planning information developed and submitted during the project.
PRELIMINARY DESIGN PHASE
ATTACHMENT B
SERVICES TO BE PROVIDED BY THE ENGINEER
This project involves preliminary engineering associated with supply of reclaimed water
to the City of Round Rock's Old Settler's Park, storage of reclaimed water at the park prior to
pumping and use, and pumping of reclaimed water. Very preliminary estimates of irrigation
water demand and storage requirements at the park have been made. This project will involve
review and updating of the demands and storage volume, and use of the updated information to
develop storage tank and pumping station locations and layouts, and routing of the supply line
into the park.
Specific tasks to be included in the study are listed below.
1. Review previous information regarding projected irrigation demand at the park and storage
volume appropriate for the park.
2. Coordinate with the City of Round Rock Parks Department and other appropriate parties
regarding projected use of reclaimed water and operations pertinent to reclaimed water
supply, storage and pumping to irrigation system. Selected information concerning facilities
is presented below
a. Texas Natural Resource Conservation Commission (TNRCC) reclaimed water use
criteria will be considered in developing recommendations for facilities.
b. Parks Department desires an earthen storage pond to allow water to be delivered
at a relatively constant rate and to be pumped to the irrigation system at a high rate
during the night.
c. Study will include evaluation of pond volume and geometrics with ther intent of
minimizing aesthetic issues associated with pond drawdown during periods of
heavy irrigation.
d. Parks Department suggests that irrigation pump building (building proposed for
noise control and equipment protection) could be designed to be compatible with
park surroundings.
e. Equipment to allow re- disinfection of water prior to irrigation is anticipated.
Disinfection will be reviewed and recommendations developed. Pump building
will be designed to provide separate space for recommended disinfection
facilities.
1
3. Develop site plan for proposed storage and pumping facilities and routing of pipe into park,
conceptual information regarding sections through pond and anticipated operating level
during peak periods, and conceptual elevation and floor plan for pump building.
4. Coordinate with the LCRA and the BRA with regard to timing of improvements at the
Brushy Creek Regional Wastewater Treatment Plant to comply with TNRCC Type 1 water
and/or the need for filter facilities at the park until comparable facilities are constructed at the
park.
5. Coordinate /assist as required with LCRA and BRA concerning agreements for use of
reclaimed water at Old Settler's Park.
6. Review proposed site plan with City of Round Rock Parks Department, Public Works, and
others.
7. Establish surveying and geotechnical requirements for the project.
8. Develop estimated costs of improvements.
9. Prepare brief report (10 copies) summarizing results of the study.
10. If desired, assist City in preparation of summary information for bond program.
11. General administration of project.
DESIGN PHASE
1. Establish the scope, and advise the City, of any soil and foundation investigations or any
special testing which, in the opinion of the Engineer, may be required for the proper
execution of the Project.
2. Furnish to the City, where required by the circumstances of the assignment, the engineering
data necessary for applications for routine permits by local, state, and federal authorities (as
distinguished from detailed applications and supporting documents for government grants -in-
aid, state loan programs, planning advances or to meet the requirements of the special
programs of the federal government). The Engineer shall also assist the City in obtaining
approval of the aforementioned routine permit applications from local, state, and federal
authorities.
3. Perform field surveys to collect information, which in the opinion of the Engineer, is required
in the design of the Project.
4. Prepare detailed specifications and contract drawings, for construction authorized by the City.
These designs shall in all respects combine the application of sound engineering principles
2
with a high degree of economy, and shall be submitted to the applicable state agencies for
approval.
5. 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.
6. 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.
7. 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
best 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.
8. Furnish the City all necessary copies of review sets and final approved plans, specifications,
notices to bidders, and proposals.
9. 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
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.
4
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
5
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
(AutoCadd Release 14 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.
6
ATTACHMENT C
WORK AND FEE SCHEDULES
Work and fee schedules are provided on the next page.
Tasks Man Hours by Labor Category
Clerical DA/OC
PM
PE
Tech
1. Review Previous Information Regarding Storage Volume/Domande/Opanaion
2 ComdnatelWah Pa 2y . • -- -'�' • S-- 1.J - J6h•.r �+•^ l^*'+*�
2
k�
4
_a:nrsi�
3. 0eveop site plan and nature of 14014es to be pronded
Task to Indude earthen storage evaluation, dent ectron evaluation,
coordination with TNRCC, and appearance al pumping realities
16
56
12
0 4
4 Coo n6natewnh - and ORAvn h Regant.to acetresa1P and
"R.• redtor 1E went Tmn• ead br Tem••ra Faala10001 Park
5 Coordnate with LCRA/BRA as Desired Concennng Agreements
6. R awe0 Proposed Site Elan Wi 84,110 an• • erv✓Rewsa As Kayoed
8
,
4
'..::r.+•«•+.+.*':'
7. Establish Surveying and Geotechnkal Requirements
2
4
8.. Davelo• FSimated Costs of lm• wements' '. -...•. fM.�s• .'_... °.
9 Prepare Met Report Presenang Results OF Study
10Aaa recamhon of In • rrtiaaon fat Band Prorram -'-
4 ..
6
- `'
1 6.:'..
18
4.„:w --
8
12
12 4
"'8�•yyly
11 General Adminatatron
2
4
Total Estimated Man Hours
56
124
68
28 8
City of Round Rock
Preliminary Engineering- Use Of Reclaimed Water at Old Settler's Park
Jan -01
City of Round Rock
Preliminary Engineering - Use Of Reclaimed Water at Old Settler's Park
Fee Development Information
Jan -01
Labor
Direct
Subs
Category Hours L14M Ext
PM 56 550 52,800
PE 124 528 53,472
Tech 68 520 51,360
Clerical 28 515 5420
ONOC 6 545 0300
T010100600 58,412
Overhead at 162 9 % 513,703
Subtotal 522,115
Miscellaneous 50
Travel 5150
Computers 5750
pnn604/copymg 600
Phone 520
Posia9elC0uner 520
• Subtotal 31,020
Subtotal 50
Estimated Cost 523.135
Fixed Fee 52,776
Total Upper Limit on Fee 525,911
The work shall be completed within 45 days From the Notice to Proceed.
ATTACHMENT D
SUBCONSULTANT SCOPES OF WORK
Not Applicable to Preliminary Design Phase
1
March 28, 2001
Sharon H. Prete
Director of Parks and Recreation Department
City of Round Rock
605 Palm Valley Road
Round Rock, Texas 78664
Re: Engineering Services Agreement
Reclaimed Water Use Project - Old Settlers Park
Dear Ms. Prete:
Enclosed is an Engineering Services Agreement that addresses services associated with
the use of reclaimed water at Old Settlers Park. It is transmitted for review and
consideration by the City of Round Rock.
The enclosed Engineering Services Agreement provides scope and fee information for
the Preliminary Design Phase of the Old Settlers Park project. The proposed upper limit
on fee for the preliminary phase services is $25,911. The preliminary phase is intended
to define improvements that will be required to allow the use of reclaimed water at Old
Settlers Park, and to provide estimated costs for such improvements.
We appreciate having the opportunity to submit this proposal to the City of Round Rock.
We consider your project to be an important and timely project, and we look forward to
working with you and the City on its implementation.
Should you have questions regardiulg the enclosed agreement, please so advise me. We
are available to come to Round Rock to discuss the project and the agreement.
Sincerely,
HDR Engineering, Inc.
Q.w44;
James R. Glaser, P.E.
Vice President
Enclosure
HDR Engineering, Inc.
Employee - owned
2211 South IH 35 Telephone
Suite 300 512 912 -5100
Forum Park Fax
Austin, Texas 512 442 -5069
78741
■ DATE: April 6, 2001
SUBJECT: City Council Meeting — April 12, 2001
ITEM: 14.C.1. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with HDR Engineering, Inc.
for the Preliminary Design Phase for the use of reclaimed water
to irrigate Old Settlers Park at Palm Valley.
Resource: Sharon Prete, Parks and Recreation Director
History: The City hired HDR Engineering Inc. in fiscal 2000 to conduct a study which
identified potential present/future, public /private "reuse" water users as related
to capacity in the Regional Wastewater Treatment Plant. Presently Forest
Creek Golf Course is taking advantage of this water source and staff thinks it is
the appropriate time to investigate costs and develop a plan to irrigate Old
Settlers Park at Palm Valley with "reuse" water.
Funding:
Cost: $25,911.00
Source of funds:
Outside Resources: N/A
Impact: Potable water presently used to irrigate the park will be put to a better use and
this will allow implementation of another important step in our water
conservation program.
Benefit: PARD will have plenty of water to maintain the grounds and ballfields in
particular during drought conditions and it is a better use of resources.
Public Comment: No specific comment s have been made, but our citizens support water
conservation efforts.
Sponsor: PARD/Public Works