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R-01-12-20-10D10 - 12/20/2001RESOLUTION NO. R- 01- 12- 20 -10D10 WHEREAS, the City of Round Rock desires to retain professional engineering services for the South Creek Pressure Improvements 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 professional engineering services for the South Creek Pressure Improvements 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 20th day of December, 2001. ::ODMA\WOALDOX \0. \WDOX \RASOLUTI \A112200 .10 /sc ATTEST: CHRISTINE R. MARTINEZ, City Secreta 2 RO A. STL KA, J ., Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON 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 Contract No. 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: The Scope of Work includes engineering services for the South Creek Pressure Improvements. The engineering services include the design, bidding, and construction phase services for a pressure reducing valve station within the water distribution system. In addition, the engineering services include the determination of the size and location of the pressure reducing valve station and the creation of pressure reducing valve station standard design details. 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 famish 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. 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. Page 1 of 12 EXHIBIT "A" 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. 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. The City shall pay and the Engineer shall receive the compensation hereinafter set forth, for the Design, Bidding and Construction Phases of the work and for Special Assignments and Services not included in these phases. A. DESIGN PHASE ARTICLE 3 CONTRACT PERIOD ARTICLE 4 COMPENSATION Payment for services in the Design Phase shall be on the basis of Lump Sum in the amount of Twenty Four Thousand Three Hundred Dollars ($24,300.00). This amount shall include a Lump Sum fee of One Thousand Nine Hundred Dollars ($1,900.00) for subconsultant Baker- Aiclden & Associates, Inc. Final payment for services authorized in the 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. Page 2 of 12 B. BIDDING PHASE Payment for services in the Bidding Phase shall be made to the Engineer on a reimbursable, Per Diem basis in the amount not to exceed Seven Thousand Three Hundred Dollars ($7,300.00). The services, as authorized by the City, shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.40. 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 total Bidding Phase fee is based on a bidding period not exceeding one (1) month. Final payment for services authorized in the Bidding 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. C. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engineer on a reimbursable, Per Diem basis in the amount not to exceed Nine Thousand Seven Hundred Dollars ($9,700.00). The services, as authorized by the City, shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.40 for the Engineer and based upon the attached rate schedules for the subconsultants. 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 total Construction Phase fee is based on a construction period not exceeding two (2) months. Final payment for services authorized in the Construction 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. D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE PERCENTAGE CHARGES The charges above described in the 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. Page 3of12 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 Contract total fees without modification of the Contract are Forty One Thousand Three Hundred Dollars ($41,300.00) as shown in Attachment C - Work and Fee Schedule. The amount payable maybe revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. 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 of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment C. 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 Page 4 of 12 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. 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 Page 5 of 12 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. 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 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 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 finished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 Page 6 of 12 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 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 or USDOT 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 Page 7of12 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. 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. Page 8 of 12 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. 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, attomey 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 mcsponsibility 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 Page 9 of 12 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 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 wan 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. ARTICLE 28 COMPUTER GRAPHICS FILES Page l0 of 12 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. 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. 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. 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: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 With copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 29 SUCCESSORS AND ASSIGNS ARTICLE 30 SEVERABILITY ARTICLE 32 NOTICES HDR Engineering Inc. Attn.: James K. Haney P.E. 2211 S. II1 -35, Suite 300 Austin, TX 78741 Page 11 of 12 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 (IIDR Engineering, Inc.) City of Round Rock Date: By: James K. Haney P.E. Robert A. Stluka, Jr. Executive Vice President LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Mayor 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 Page 12 of 12 ATTACHMENT A SERVICES TO BE PROVIDED BY THE City The City of Round Rock shall famish to the Engineer the following items, information, and assistance: 1. Provide copies of existing aerial mapping, planimetric mapping, topographic mapping, and system pressure information. 2. Provide as -built or construction drawings of existing utilities and locate existing utilities as requested by Engineer. 3. Assist Engineer in visiting project site locations as needed to finalize vault location. 4. Provide timely review of construction plans, technical specifications, and contract documents. 1 DESIGN PHASE ATTACHMENT B SERVICES TO BE PROVIDED BY THE Engineer 1. Determine the size and location of the pressure reducing valve. Coordinate with the City Staff to gather information regarding existing piping, topography, property ownership, and distribution system pressures. Estimate both the existing and future demands for the service area of the pressure reducing valve station. 2. Perform field surveys to collect information, which in the opinion of the Engineer, is required in the design of the Project. A scope of work and fees has been developed and Baker - Aiklen & Associates, Inc. will complete the work under a subconsultant agreement with the Engineer. 3. 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 with a high degree of economy. 4. 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. 5. 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. 6. 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. 7. Furnish the City all necessary copies of review sets and final approved plans, specifications, notices to bidders, and proposals. 8. 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. 9. Prepare a set of standard detail sheets for a pressure reducing valve station. Coordinate with the City Staff to determine the sheet format and size. The standard detail sheets shall accommodate the following pressure reducing valve station sizes: 8 -inch, 10 -inch, 12 -inch, 1 6-inch, and 24 -inch. 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 2 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. 3 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 (AutoCadd Release 2000 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 teen 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 4 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. 5 ATTACHMENT C WORK AND FEE SCHEDULES i Project Project Senior Project EEioom I M.n.4 -r Er +'neer E •sneer Technician Subtotal Task 1: Gather Maps, Field Data, and Other Information Estimate Existing and Future Peak Summer Demand Determine Location and Size of Pressure Reducing Valve SERIES 0000 - General Project Information # 0001 Cover # 0002 Sheet Index, Ldtation, and Key Map # 0003 General Notes SERIES 1000 - 061011s # 1C01 Pressure Reducing Valve Station Plan and Secllon ft 1002 Miscellaneous Details PROJECT MANUAL Division 9 - Bidding Requirements & Conditions Division 1 - General Requirements Subtotal Task 2: # 1 General Notes Sheet # 2 Pressure Reducing Valve Vault Flan and Section # 3 Dimension Table: 8 ", 10', 12", 16", and 24" Valve and Piping Subtotal, Task 3 stage & Delivery Travel Expena s Miscellaneous Printing & Photocopying (Check Prints 11x17) Telephone HDR Computers, Engineering Applications CADO Applications Baker- Aiclden TOTAL HOURS City of Round Rock South Creek Pressure Improvements DESIGN PHASE SERVICES 0 2 2 Months 2 Months 2 Months 9 hours @ 010 46 hours $15 2 2 2 0 Budget Hours 6 4 16 2 16 2 2 2 22 2 2 4 16 60 .00 pe lump sum mileage 075.00 per month $0.10 per copy 920.00 per month 4 4 4 16 60 16 500 copies/mn Task Fee $900 81.900 $1,900 700 $400 6600 $900 $2,500 $1,700 $1,600 $1,600 $9.300 82,000 82,000 83.000 TOTAL LABOR FEE 921,000 $100 5250 5150 5100 540 $100 $700 ITDTAL REIMBURSABLE DIRECT COSTS $1,400 I 1,900 TOTAL SUBCONSULTANTS $1.900) (TOTAL FEE $24,300 I Task Description Administration 4 Weeks Est Bid Duration 5 Phone CaIls/Week Hours per Phone Cell Phone Call Allowance Pre.Bid Meeting Addenda (Estimated 2 total) CorrespoodenS8 Recommendation for Award LABOR TOTALS Postage & Delivery Travel Expenses Miscellaneous Printing & Photocopying Printing of Bid Sets Telephone EXPENSE TOTALS Mee0ngs'SIle Visit 6 Weeks Est Project Duration 0.25 Site Visits per Week Hours per Visit Visit Dine Allowance Pre- Conabuctien Meeting Correspondence 2 Hours per Week Project Correspondence Administrative (monthly reports, files. 59609. subcontract admin) Pay Applications 2 Contactor Payment Requests Submittal Review Hours per Shop Drawing Review 24 Shop Drawing Submittals Requests for Information and Field Cyders Hours per Response 5 Responses Close-out Document Review LABOR TOTALS Postage & Delivery Tavel Expenses Macetianeous Printing & Pholo0Opying Telephone EXPENSE TOTALS Engineering Apprcations CADD Applications Engineerig Applications CADD Applications City of Round Rock South Creek Pressure Improvements BIDDING AND CONSTRUCTION PHASE SERVICES Project Project Senior Project Admin. Princloal Manager E 0&in0r Technician Assist 0 2 2 4 4 Budget Hours 0.5 10 5600 4 6 4 51.400 4 6 4 4 51,900 4 1.5 10 1 Monte 550.00 per mon lump sum mileage 1 Mont* 550.00 per month 1 Monts 50.10 per Copy 25 Sets 550.00 per set 1 Months 5100.00 per month 2 hours 59 510 4 hours 0 515 TOTAL BIDDING FEE 57,300 I 1a 6 4 8 12 4 3 32 4 0.25 0.5 6 12 2 23 1 5 4 54 1.5 Months 50.00 per month lump sun m110098 1.5 Months 550.00 per month 1.5 Months 5010 per Copy 1.5 Months 550.00 per month 6 hours 01 510 4 horns a 515 4 200 copies/inn 4 4 4 12 200 ple6/100 Task Fee 51,400 12 55,500 550 5250 650 520 51,250 5100 520 5100 01.840 5500 51.600 51,100 51,100 5500 51,800 51,100 51,100 59.100 575 5250 575 530 575 560 580 5625 (TOTAL CONSTRUCTION FEE 59,700 I (TOTAL FEE HDR Engineering, Inc. CITY OF ROUND ROCK, TEXAS South Creek Pressure Improvements PROJECT SCHEDULE I 12/3/2001 2002 TASKS J F M A M J J A S ON D Engineering Design Plans and Specifications: P.R.V. Station Standard Pressure Reducing Valve Sheets Advertisement, Bidding & Award Construction HDR Engineering, Inc. CITY OF ROUND ROCK, TEXAS South Creek Pressure Improvements PROJECT SCHEDULE I 12/3/2001 ATTACHMENT D SUBCONSULTANT SCOPES OF WORK 1 BAKER -AI C KLEN & ASSOCIATES. INC.. Engineers /Surveyors November 21, 2001 Mr. Jason Jones HDR Engineering 2211 South 1H 35 Austin, TX 78741 RE: Proposal for Professional Surveying Services Proposed Vault Site on Logan Drive Round. Rock: Texas Dear Mr. Jones: Proposal #01-7193 Fax: (512) 912-5069 Thank you for the opportunity -to provide this proposal for surveying services at the above referenced project. Basically Baker - Aicklen & Assoc., Inc. proposes to perform surveying services for the pressure reducing valve vault site on Logan Drive. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Coordinate with utility compaies and utility locators to mark utilities at the site. 2. Locate all improvements, utilities, trees on site including area within adjoining right -of- way to and including edge of pavement. 3. Obtain sufficient ground shots to perpare a one -foot contour inverval topomap. 4. Provide horizontal baseline on site. 5. Provide benchmark on site. 6. Horizontal datum will be based on subdivision plat. 7. Vertical datum will be based on FEMA. 8. Prepare written description with sketch of proposed vault easement (approximately 50' x 50') CLARIFICATIONS 1. All services are for one -time only. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis plus reimbursable expenses as listed below: Surveying Services $1,900.00 203 E. Main St., Suite 201 • Round Rock. Texas 78664 • 512/244-9620 • FAX 512/244 -9623 Mr. Jason Jones HDR Engineering November 21, 2001 The fee amount proposed above is based on personnel time required to perform the described Scope of Services. We agree to perform the services as detailed. Additional time requirements resulting from project scope changes or revisions beyond our control which cause work to be redone will be considered reasonable cause for us to seek additional compensation for services not included in these amount. Such services may be compensated for on an hourly - charge basis in accordance with the attached hourly rate schedule, at a mutually agreed -to lump sum amount, or as provided for in the Professional Services Agreement. Not included in the above feesis sales tax, which is mandated by State law on certain types of surveys. The fum's professional liability is limited to a total compensation under this agreement to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and return a copy to our office. The estimated completion date is two weeks from receipt of the executed agreement. Thank for the opportunity to submit this proposal. We appreciate your consideration of our firm in this regard and look forward to being of service to you. Sincerely, I Donald J. Kirby, R.P.L. Survey Manager DJK:nsd O:\OI - SURVEYPROP\O1- 7193 pro .doc #01 -7193 Page 2 SOUTH CREEK PRESSURE IMPROVEMENTS S \GRAPHIC S \COUNCIL ACENOA ITEMS \ENGINEERING \12- 2- 01\ SCUTFCREEK PRESSURE IMPROVEMENTS RLR DATE: December 14, 2001 SUBJECT: City Council Meeting — December 20, 2001 ITEM: 10.D.10. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with HDR Engineering, Inc. for the South Creek Pressure Improvements Project. The total fee for these professional services is $41,300.00. Resource: Jim Nuse, Director of Public Works Don Rundell, Chief Utility Engineer History: The general scope of work under this contract is to design and develop construction plans for a pressure reducing valve (PRV) to serve the north end of the South Creek Development. This area has been experiencing water pressures over 100 psi with this project these pressures will be reduced to 60 to 70 psi. Funding: Cost: $41,300.00 Source of funds: Self- Financed Utility Fund Outside Resources: HDR Engineering, Inc. Impact/Benefit: To provide adequate water service pressures at a level that will extend the life of our customers pumping fixtures. Public Comment: N/A Sponsor: N/A STATE OF TEXAS COUNTY OF WILLIAMSON Contract No. 'ORIGINAL 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: The Scope of Work includes engineering services for the South Creek Pressure Improvements. The engineering services include the design, bidding, and construction phase services for a pressure reducing valve station within the water distribution system. In addition, the engineering services include the determination of the size and location of the pressure reducing valve station and the creation of pressure reducing valve station standard design details. 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. 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. Page 1 of 12 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 Design, Bidding and Construction Phases of the work and for Special Assignments and Services not included in these phases. A. DESIGN PHASE Payment for services in the Design Phase shall be on the basis of Lump Sum in the amount of Twenty Four Thousand Three Hundred Dollars ($24,300.00). This amount shall include a Lump Sum fee of One Thousand Nine Hundred Dollars ($1,900.00) for subconsultant Baker - Aicklen & Associates, Inc. Final payment for services authorized in the 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. Page 2of12 B. BIDDING PHASE Payment for services in the Bidding Phase shall be made to the Engineer on a reimbursable, Per Diem basis in the amount not to exceed Seven Thousand Three Hundred Dollars ($7,300.00). The services, as authorized by the City, shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.40. 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 total Bidding Phase fee is based on a bidding period not exceeding one (1) month. Final payment for services authorized in the Bidding 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. C. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engineer on a reimbursable, Per Diem basis in the amount not to exceed Nine Thousand Seven Hundred Dollars (59,700.00). The 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 and based upon the attached rate schedules for the subconsultants. 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 total Construction Phase fee is based on a construction period not exceeding two (2) months. Final payment for services authorized in the Construction 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. D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE PERCENTAGE CHARGES The charges above described in the 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. Page 3of12 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 Contract total fees without modification of the Contract are Forty One Thousand Three Hundred Dollars ($41,300.00) as shown in Attachment C - Work and Fee Schedule. The amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. 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 of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment C. 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 Page 4of12 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. 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 Page 5of12 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. 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 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 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 Page 6 of 12 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 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 or USDOT 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 Page 7 of 12 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. 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. Page 8of12 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. 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 Page 9 of 12 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 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. ARTICLE 28 COMPUTER GRAPHICS FILES Page 10 of 12 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. ARTICLE 29 SUCCESSORS AND ASSIGNS 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 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: City of Round Rock HDR Engineering Inc. Attn.: City Manager Attn.: James K. Haney P.E. 221 E. Main St. 2211 S. IH -35, Suite 300 Round Rock, TX 78664 Austin, TX 78741 With copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 Page 11 of 12 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.) By. J By. James K. Haney P.E. Executive Vice President Date: 0-.20-01 0I LIST OF ATTACHMENTS 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 Page 12 of 12 City of Round Rock 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 existing aerial mapping, planimetric mapping, topographic mapping, and system pressure information. 2. Provide as-built or construction drawings of existing utilities and locate existing utilities as requested by Engineer. 3. Assist Engineer in visiting project site locations as needed to finalize vault location. 4. Provide timely review of construction plans, technical specifications, and contract documents. DESIGN PHASE ATTACHMENT B SERVICES TO BE PROVIDED BY THE Engineer 1. Determine the size and location of the pressure reducing valve. Coordinate with the City Staff to gather information regarding existing piping, topography, property ownership, and distribution system pressures. Estimate both the existing and future demands for the service area of the pressure reducing valve station. 2. Perform field surveys to collect information, which in the opinion of the Engineer, is required in the design of the Project. A scope of work and fees has been developed and Baker - Aiklen & Associates, Inc. will complete the work under a subconsultant agreement with the Engineer. 3. 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 with a high degree of economy. 4. 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. 5. 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. 6. 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. 7. Furnish the City all necessary copies of review sets and final approved plans, specifications, notices to bidders, and proposals. 1 8. 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. 9. Prepare a set of standard detail sheets for a pressure reducing valve station. Coordinate with the City Staff to determine the sheet format and size. The standard detail sheets shall accommodate the following pressure reducing valve station sizes: 8 -inch, 10 -inch, 12 -inch, 16 -inch, and 24 -inch. 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 2 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. 3 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, infonnation 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 (AutoCadd Release 2000 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 4 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. 5 ATTACHMENT C WORK AND FEE SCHEDULES 1 City of Round Rock South Creek Pressure Improvements DESIGN PHASE SERVICES Project Project Senior Project Admin, Task Desc it o Principal M q E p En ee Technician Assistant ;:a skf s .�,_'a?�rP ti,. 1T .! I:., 1'I...i;.. .... r .._:.11 •1 111191E iiisiIMIi:,i(,'.III NIFI, _; Gather Maps, Field Data, and Other Information 2 8 Subtotal Task 1: Estimate Existing and Future Peak Summer Demand Determine Location and Size of Pressure Reducing Valve :S4 Er - SERIES 0000 -General Project Information # OGO1 Cover # 0G02 Sheet Index, Location, and Key Map # 0G03 General Notes SERIES 1000 - Details # 1C01 Pressure Redudng Valve Station Plan and Section # 1CO2 Miscellaneous Details PROJECT MANUAL Division 0 - Bidding Requirements 8 Contlltions Division 1 - General Requirements Subtotal Task 2: 'General ..6 $. . RadfmiL I,Vfll :.IWfi` .. :;: . €:sta'ti # 1 General Notes 5hee1 # 2 Pressure Reducing Valve Vault Plan and Section # 3 Dimension Table: 8 ", 10 ", 12 ", 18", and 24" Valve and Piping Subtotal, Task 3: ARBOR AL TOTAL HOURS 2 2 2 8 2 2 8 2 2 I RA Tc ? fl 111 ,' ;. . ::== 1{,t rs,11N11111111a1 I , _ 'i Postage 8 Delivery 2 M the Travel Expenses Miscellaneous 2 Months Printing & Photocopying (Check Prints 11017) 2 Months Telephone 2 Months HDR Computers: Engineering Applications CADD Applications 9 hours @ 510 48 hours @ $15 2 Budget Hours 4 18 16 2 2 2 2 8 2 8 141'444!;;i1 ll?I 4 B 4 4 8 4 16 8 TOTAL LABOR FEE 821,000 V per $50 OO per month lump sum mileage $75.00 per month $0.10 per copy $20.00 per month flea( €.,1; Baker- Aicklen 4 4 4 16 6 60 6 500 copies /inn Task Fee $900 $1,900 $1.900 700 $400 $600 $900 52.500 $1,700 51.600 $1,600 50.300 2,0 52,000 53.000 $7,000 5100 $250 5150 5100 $40 0100 $700 TOTAL REIMBURSABLE DIRECT COSTS 81,400 0 1.0tl $1,900 BLODI Gr i .... 4 Weeks Est. Bid Duration 5 Phone Calls/Week Hours per Phone Call Phone Call Allowance Pre-Bid Meeting Addenda (Estimated 2 total) Correspondence Recommendation for Award LABOR TOTALS EXPENSE TOTALS 4 u_ 0 1(Ilu..e°= =.!'list?. , Mee9ngs/Slte Viet 6 Weeks Est. Project Duration 0.25 Site Visits per Week Hours per Visit Visit Time Allowance Pre.ConstrucIIon Meeting Correspondence 2 Hours per Week Project Correspondence Administrative (monthly reports, files, billing, subcontract admin) LABOR TOTALS Postage & Delivery Travel Expenses Miscellaneous Printing & Photocopying Telephone EXPENSE TOTALS City of Round Rock South Creek Pressure Improvements BIDDING AND CONSTRUCTION PHASE SERVICES Budget Hours Project Project Senior Project Admin. Task Description Principal Manager Ern )near En01060r Technician Assist. Postage & Delivery 1 'months 55000 per month Travel Expenses Miscellaneous Printing & Photocopying Printing of Bid Sets Telephone Engineering Applications CADD Applications TOTAL BIDDING FEE 57,300 tl naNnI- INt7TRRTIf'rrah.?.i. +; '-Yip ;; -'_-= Pay Applications 2 Contractor Payment Requests Submltlal Review Hours per Shop Drawing Review 24 Shop Drawing Submittals Requests for Information and Field Orders Hours per Response 5 Responses Close-out Document Review Engineering Applications CADD Applications 0 2 2 4 0.5 10 4 8 4 6 4 2 8 10 32 lump sum mileage 1 Months 550.00 per month 1 Months $0.10 per copy 25 Sets $50.00 per set 1 Months 010000 per month 2 hours 0 $10 4 hours 62i $15 4 4 2 4 1.5 5 4 6 8 12 4 3 0.25 0& 6 12 5 2 4 23 54 1 1.5 Months $50.00 per month lump sum mileage 1.5 Months $50.00 per month 1.5 Months $0.10 per copy 1.5 Months $50.00 per month 6 hours a 515 4 hours ( 515 0 4 200 copies /mn 4 4 4 12 200 copies/mn Task Egg 5000 $1,400 $1,900 $1,400 12 55,500 $50 $250 550 $20 $1,250 $100 520 $100 51,040 $500 51,800 51,100 51,100 5500 $1,900 51,100 $1,100 59,100 575 $250 $75 $30 $75 560 560 $625 IITOTAL FEE $17A00 TASKS Engineering Design Plans and Specifications: P.R.V. Station Standard Pressure Reducing Valve Sheets Advertisement, Bidding & Award Construction HDR Engineering, Inc. CITY OF ROUND ROCK, TEXAS South Creek Pressure Improvements PROJECT SCHEDULE M M 2002 0 12/3/2001 ATTACHMENT D SUBCONSULTANT SCOPES OF WORK 1 W1 BAKER- AICKLEN & ASSOCIATES. INC. Engineers /Surveyors November 21, 2001 Proposal #01 -7193 Mr. Jason Jones HDR Engineering 2211 South 1H35 Austin, TX 78741 RE: Proposal for Professional Surveying Services Proposed Vault Site on Logan Drive Round, Rock. Texas Dear Mr. Jones: Fax: (512) 912 -5069 Thank you for the opportunity tca provide this proposal for surveying services at the above referenced project. Basically Baker - Aicklen & Assoc., Inc. proposes to perform surveying services for the pressure reducing valve vault site on Logan Drive. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Coordinate with utility compaies and utility locators to mark utilities at the site. 2. Locate all improvements, utilities, trees on site including area within adjoining right -of- way to and including edge of pavement. 3. Obtain sufficient ground shots to perpare a one -foot contour inverval topomap. 4. Provide horizontal baseline on site. 5. Provide benchmark on site. 6. Horizontal datum will be based on subdivision plat. 7. Vertical datum will be based on FEMA. 8. Prepare written description with sketch of proposed vault easement (approximately 50' x 50') CLARIFICATIONS 1. All services are for one -time only. BASIS OF COMPENSATION We propose to provide the above- described Scope of Services on a lump sum basis plus reimbursable expenses as listed below: Surveying Services $1,900.00 203 E. Main St., Site 201 • Round Rock, Texas 79664 • 512/244 -9620 • FAX 512/244 -9623 Mr. Jason Jones HDR Engineering November 21, 2001 The fee amount proposed above is based on personnel time required to perform the described Scope of Services. We agree to perform the services as detailed. Additional time requirements resulting from project scope changes or plan revisions beyond our control which cause work to be redone will be considered reasonable cause for us to seek additional compensation for services not included in these amount. Such services may be compensated for on an hourly - charge basis in accordance with the attached hourly rate schedule, at a mutually agreed -to lump sum amount, or as provided for in the Professional Services Agreement. Not included in the above fees is sales tax, which is mandated by State law on certain types of surveys. The firm's professional liability is limited to a total compensation under this agreement to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and return a copy to our office. The estimated completion date is two weeks from receipt of the executed agreement. Thank for the opportunity to submit this proposal. We appreciate your consideration of our firm in this regard and look forward to being of service to you. Sincerely, Donald J Kirby , R.P.L. Survey Manager DJK:nsd O: \D l -SURV EYPROP \O 1- 7193pro.doc #01 -7193 Page 2 Mayor Robert A. Stluka, Jr Mayor Pro-tem Tom Nielson Council Members Alan McCraw Carrie Pitt Earl Palmer Isabel Callahan Gay Coe City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK February 4, 2002 Mr. James K. Haney, P.E. Executive Vice President HDR Engineering, Inc. 2211 South IH 35. Suite 300 Austin, TX 78741 Dear Mr. Haney: The Round Rock City Council approved Resolution No. R- 01- 12 -20- 10D10 at their regularly scheduled meeting on December 20, 2001. This resolution approves the contract for the South Creek Pressure Improvements Project. Enclosed is a copy of the resolution and original contract for your files. If you have any questions, please do not hesitate to contact Don Rundell at 218 -5554. Sirlcerely, M it t / k at Christine R. Marti nez City Secretary Enclosures Fax: 512- 218 -7097 1 -800- 735 -2989 TDD 1- 800 -735 -2988 Voice www.ci.round- rock.tx.us 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400