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R-03-01-09-9E3 - 1/9/2003
Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nose City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. March 3, 2003 Mr. George Tillett Project Manager HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, TX 78741 Dear Mr. Tillett: The Round Rock City Council approved Resolution No R- 03- 01- 09 -9E3 at their regularly scheduled meeting on January 9, 2003. This resolution approves an Agreement for Engineering Services for the development and delivery of a 2003 Water Distribution System Master Plan. Enclosed is a copy of the resolutions and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Clark at 341 -3146. Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept . 221 East Main Street • Round Rock, Texas 78664 Phone. 512 218 5400 • Fax. 512 218 7097 • www.ci round -rock tx U5 RESOLUTION NO. R- 03- O1- 09 -9E3 WHEREAS, the City of Round Rock desires to retain engineering services for the development and delivery of a 2003 Water Distribution System Master Plan, and WHEREAS, HDR Engineering, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement 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 an Agreement for Engineering Services with HDR Engineering, Inc., for the development and delivery of a 2003 Water Distribution System Master Plan, a copy of said agreement 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 9th day of January, 200 ATTES Juluiturumen egODMA\ WORLD 0X\ 01\WDOX \RESOLV[3\R30109E3.HP0 /mc NYLE • City CHRISTINE R. MARTINEZ, City Secretar Mayor .Mound Rock, Texas ROUND ROCK TEXAS PURPOSE RYSSION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200 and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and HDR Engineering, Inc., whose principal place of business is located at 2211 South IH 35, Suite 300, Austin, TX 78745, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: Contract No. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement conceming the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 30 day of the month of /Vie./ L 200 / , unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City'shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of One Hundred Thirty Seven Thousand Three Hundred Dollars ($137,300.00) as shown in Exhibit D entitled "Fee Schedule." The amount payable includes a Lump Sum Fee of One Hundred Seven Thousand Two Hundred Dollars ($107,200.00) for Tasks 1.0, 2.0, 4.0, 5.0, 6.0, and 7.0 as shown in Exhibit D entitled "Fee Schedule ", and a Per Diem Fee in the amount not to exceed Thirty Thousand One Hundred Dollars ($30,100.00) for Task 3.0 as shown in Exhibit D entitled "Fee Schedule ". The Per Diem services, as authorized by City, shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.45 for the Engineer. All direct non -labor expenses related to Task 3.0 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 amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall Engineer's Contact - revised 10- 2002/specs master 3 make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 4 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Don M. Rundell, P.E. [Name] Chief Utility Engineer [Title] 2008 Enterprise Drive [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5554 [Telephone Number] (512) 218 -5563 [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: James K. Haney [Name] Executive Vice President [Title] 2211 South 1E135, Suite 300 [Address] Austin, TX 78745 [City, State, Zip] (512) 912 -5100 [Telephone Number] (512) 912 - 5158 [1 a csimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during.the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to Engineer's Contract - revised 10- 2002/spccs master 5 resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' - verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise , Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such 6 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. • ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he/she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer's Contract - revised 10- 2002/specs master 7 Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives m the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. 8 (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the -time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer's Contract - revised I0- 2002/specs master 9 Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy- shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever nature. Engineer's Contract- revised I0- 2002/specs master 11 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be bome solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance ". - 12 Engineer's Contract- revised 10- 2002/specs muster ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 13 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: James K. Haney Executive Vice President HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, TX 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts m accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 14 ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of 200 Engineer, signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ENGINEER: By: S' ature of Principal Printed Name: James K. Haney, P.E. ATTEST: Engineer's Contract - revised 10- 2002/specs master 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 16 EXHIBIT A SERVICES TO BE PERFORMED BY THE CITY The City of Round Rock shall furnish to the Engineer the following items, information, and assistance: 1. Provide input during the project kickoff regarding key issues and general staff goals. 2. Provide location for team meetings and attendance by pertinent CORR staff. 3. Meet with HDR staff to discuss area developments and known or anticipated future developments. 4. Provide requested data and "as recorded" drawings on water distribution system. This data is expected to include GIS mapping, technical information regarding the water system, billing summaries, water production records, customer connection records, zoning information, current master planning information, and other data relevant to establishing existing and expected water demands, demand distribution, and growth patterns. 5. Provide information on water production, tank levels, pumping stations operation, valve operation, and modifications to system operational characteristics. 6. Provide information on expected future land development and water demands including growth pattems, development densities, land use, zoning, and the Location of future water supply sources. 7. Review and approve all demand projections, flow factors, and model parameters that require operational input. 8. Provide input regarding suitable locations for calibration testing and identify key areas of the system with operational problems or data inconsistencies for calibration purposes. 9. Conduct all field tests and measurements required for calibration of the distribution system model. Provide field crews and tools (pressure gages, pitot gage, hydrant wrenches, data collection equipment, etc.) for fire flow testing, operation of valves and hydrants, checking for inconsistencies, troubleshooting, and recording hourly consumption data from key water meters. Record hourly system operation data from SCADA network including tank levels, pump operation, and production data during fire flow tests and at requested intervals and dates. HDR will provide a detailed plan for the data collection efforts. 10. Provide comments to all technical memorandums and data presentations. A -1 EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER Task 1.0 — Project Coordination /Kickoff and Quality Assurance/Quality Control (OA/QC) Objective: HDR will perform project management as part of this project. This effort will include coordination with CORR staff to monitor deliverables and project status as well as ensure timely receipt of information that will be required from the CORR. In addition, HDR will organize and attend a kickoff meeting with the CORR's project team to formally identify the CORR's objectives for this project. HDR will discuss the proposed project plan to ensure it will meet the objectives identified by the CORR. HDR will also develop a Project Guide for use by all participants and implement an ongoing QA/QC program for the Water Distribution System Master Plan. Work Tasks: 1.1 Coordinate work efforts with CORR and within HDR throughout the duration of the project. 1.2 Develop Project Guide and distribute up to seven copies to CORR. 1.3 Develop project schedule with milestone dates. 1.4 Schedule and lead the project kickoff meeting. 1.5 Schedule and attend meetings with CORR project team. 1.6 Implement and administer internal QA/QC procedures. 1.7 Jointly review /critique all project deliverables and presentations. Deliverables: ❑ Seven copies of Project Guide including project schedule. ❑ Copies of minutes for all meetings. ❑ QA/QC Status Reports. B -2 Task 2.0 — Update Year 2001 WaterCAD Model with Year 2002 Network and Demands Objective: Work Tasks: HDR is currently utilizing one (1) of the two (2) licenses of Version 5.0 WaterCAD Water Distribution System Modeling Software that was recently purchased by CORR for the Water Distribution System Model development project. HDR will retain one (1) license of the WaterCAD software for use during this project. Once all work is completed, the WaterCAD software and license documentation will be turned over to CORK Upon completion of the Master Plan project and pending that CORR does not expect to utilize two (2) licenses of the WaterCAD software internally, HDR will purchase one (1) license from CORR at the original purchase cost of the license for continued support of the distribution system model. HDR will obtain the latest pipeline data, water meter consumption data, and land parcel data from the CORR staff. HDR will utilize established methods from the recent Water Distribution System Model development efforts to input the Year 2002 demands and pipeline data into the existing WaterCAD model. 2.1 Meet with CORR staff to obtain the distribution system pipeline data and the land parcel data that is currently being updated by the CORR staff within a Geographic Information System. 2.2 Meet with CORR staff to obtain the water meter consumption data, as well as historical daily production data. This data shall include the recorded monthly water use for each water meter account from the most recent month back to and including April 2002. 2.3 Utilizing the most recent land parcel map with updated billing addresses, link the water meter accounts to a geographic location within ArcView. HDR will obtain locations for a minimum of an average of 95% of the total water use recorded within the water meter accounts for each month during the Summer of 2002. 2.4 Using the "Shapefile Import/Export" functions within WaterCAD, generate updated Year 2002 model demand nodes from the CORR pipeline data. HDR will then utilize the methods established with ArcView during the development of the Year 2001 WaterCAD model to assign each water meter account with a geographic location to a corresponding model demand node. 2.5 Utilizing historical daily production data obtained from the CORR staff, HDR will convert the monthly water meter consumption data to peak day flow rates and prepare a demand node dataset that can be utilized to develop a seasonal distribution system model. Each demand node will include the distributed water B -3 Deliverables: Objective: meter demands for each of the most recent 12 months prior to the month that the water meter data is obtained. 2.6 Utilizing the water meter account database, classify the model demand nodes as either industrial, apartment, or residential based on the classification of the meter accounts represented by the individual demand nodes. 2.7 HDR will then import the model demand nodes into WaterCAD and achieve operation of the uncalibrated Year 2002 WaterCAD model. ❑ Uncalibrated Year 2002 WaterCAD model of distribution system. Task 3.0 — Hydraulic Calibration of Year 2002 WaterCAD Model (with Significant Assistance from the CORR Staff) HDR will calibrate the WaterCAD model prepared in Task 2. Calibration is a key step to a successful modeling effort as it validates the model results against actual field conditions. HDR will first work with the CORR staff to identify the data collection methods needed for calibration and prepare a detailed plan for the data collection process. The CORR will provide the staff and tools needed to collect the field data, which includes physical inspections, pressure measurements, conducting fire hydrant flow tests, recording hourly water meter readings, recording hourly tank levels and production rates, and troubleshooting any problems that may occur. Using this data, HDR will then perform a macro level calibration analysis designed to identify the causes of significant differences between the model results and the recorded field conditions. These macro level inconsistencies typically include closed valves, incorrect network geometry, or incorrect operational parameters. Following the macro level calibration, a micro level analysis will be performed focusing primarily on adjusting pipe roughness factors and the estimated distribution of demands. The goal of the calibration step is to achieve model results within 5 to 10 feet of the actual hydraulic grade line, 3 to 6 feet of actual tank level fluctuations, and 10 to 20 percent of actual production flows, which is adequate for an operational analysis model. Note that the majority of the calibration and data gathering tasks should occur during the Summer of 2003 when the overall system stress will assist in identifying problem areas and provide a better check of the model. The level of effort required to achieve the above - listed calibration goals is dependant on the amount of unknown information discovered about the distribution system (such as closed/partially closed valves, incorrect pipe diameters, incorrect demand assumptions, etc.) It is, therefore, difficult to accurately estimate the level of effort required to meet the calibration goals. HDR will perform calibration tasks on a reimbursable basis. HDR will provide an update of calibration status when 50 %, 75 %, and 90% of the budgeted fee for this task has been reached If 100% of the budgeted B-4 Work Tasks: fee is reached before the calibration goals have been reached, HDR will stop work, inform the CORR of the current calibration status, and proceed only after written direction is given frotn the CORR. 3.1 Meet with CORR staff to obtain historical service area boundaries. Historical service area boundaries will be utilized to develop pipe roughness values based on an estimated age of the distribution system pipelines. 3.2 Meet with CORR staff to identify the data collection methods needed for calibration. HDR will prepare a detailed data collection plan that will be used by the CORR Staff during the data collection process. 3.3 Review the data collected by the CORR staff during the Summer of 2003. This data may include, but is not limited to fire hydrant flow tests, recorded pressure readings on selected locations throughout the distribution system, hourly meter readings recorded from key industrial, municipal, and apartment meters, and hourly tank levels, pump and valve operations, and production rates recorded from the SCADA system. 3.4 Develop a diurnal demand curve for municipal, industrial, and apartment water users based on the hourly meter readings recorded by the CORR staff. 3.5 Develop roughness factors for the distribution system pipelines based on the fire hydrant flow tests and the estimated age of the pipelines. 3.6 Input the diurnal demand curves and estimated roughness factors into the WaterCAD model and obtain model operation. 3.7 Using the data collected, perform a macro level, steady state calibration analysis to compare the model results with the recorded data. The analysis will focus on identifying differences in excess of about 30 %, which are typically caused by a unknown closed valve or incorrect pipe sizes, pump curves, or other operational data. HDR will meet with the CORR staff to discuss the inconsistencies identified. In conjunction with CORR staff, HDR will investigate valve positions and the correctness of data to resolve the inconsistencies. 3.8 Perform a sensitivity analysis of the WaterCAD model. Once the macro level calibration is complete, further calibration of the model will include changing either the pipe roughness values or the demand allocations. A sensitivity analysis will identify which of these variables will require the most attention during further calibration steps. 3.9 Perform a micro level calibration analysis for the steady state model runs focusing on adjusting only pipe roughness coefficients and the distribution of demands. B -5 The goal will be to achieve model results for the hydraulic grade line elevations to within 5 to 10 feet of field conditions. Modeled production flows should correspond to within 10 to 20 percent of field recorded values. - 3.10 Perform a micro level calibration analysis for the extended period simulation (EPS) model runs focusing on adjusting the pipe roughness coefficients and the distribution of demands. This micro level calibration will focus on comparison of the modeled tank levels versus the field recorded tank levels throughout the EPS. The goal will be to obtain modeled results to with 3 to 6 feet of field recorded tank levels. In addition, modeled production flows should correspond to within 10 to 20 percent of actual flows. 3.11 Present the calibrated model to the CORR staff. 3.12 Prepare calibration technical memorandum summarizing calibration procedures and results. Deliverables: ❑ Calibrated WaterCAD Model of the CORR water system. ❑ Technical memorandum summarizing calibration procedures and results. Task 4.0 — Vulnerability Analysis of Year 2002 Model Objective: Work Tasks: Once the Year 2002 WaterCAD model has been completed and calibrated, HDR will execute the model in an attempt to determine the vulnerability and sensitivity of the system to failures of key system components. The sensitivity analysis will focus on the simulating failure of key transmission mains, pumping units, and storage facilities during both average and peak demand periods. The objective of the analysis will be to identify key infrastructure items in the system that lack redundancy and may result in catastrophic circumstances in the system. The analysis will also attempt to identify altemative operational modes or additional improvements to reduce the system's vulnerability to emergency operation. 4.1 Examine the Year 2002 WaterCAD model and identify key infrastructure items that appear to be critical to system operation. Meet with CORR staff to discuss the City's concerns, verify the items to be evaluated, and decide on up to five (5) failure scenarios to be simulated. 4.2 Execute the Year 2002 WaterCAD model to simulate the selected failure scenarios. Identify the impacts on both average and peak system operations. B -6 Objective: Work Tasks: 4.3 Evaluate alternate operational modes to be implemented during each failure scenario. Determine if the system can operate by changing only system operation parameters. 4.4 If system operation does not mitigate impacts of failure scenario, identify required infrastructure improvements needed to provide redundancy. 4.5 Prepare draft technical memorandum summarizing results with estimated costs and a ranking of the alternatives identified. Meet with CORR staff to present results. CORR will select the identified improvements to include in future modeling efforts and provide guidance as to the anticipated timing of construction. 4.6 Prepare final memorandum. Deliverables: ❑ Technical memorandum summarizing vulnerability analysis. Task 5.0 — Develop Water Distribution System Master Han HDR will develop a Water Distribution System Master Plan based on future demand projections and projected growth trends. The master plan will target milestone years of 2005, 2010, 2020, 2030, and Ultimate system build - out. HDR will meet with the CORR staff to obtain concurrence for the Ultimate system build -out, which is anticipated to have a capacity of 100 mgd and include estimated quantities and input points for up to three future supply scenarios. HDR will meet with the CORR to review expected land use classifications and zoning information. Using this information, along with population projections, the most recent transportation master plan projections, and previously developed future demand allocations from the existing EPANET planning models, HDR will develop water demand projections for each milestone year. As part of this task, the CORR will provide information with respect to the areas of likely growth and assumptions regarding future water supply locations, and review the final assumptions for compatibility with its expectations. The master plan will then identify the locations and sizes of the facilities needed to meet the anticipated future growth for each milestone year, as well as the Ultimate system models. HDR will then develop estimated construction costs and a map displaying the demand nodes and distribution system infrastructure required for each planning period. 5.1 HDR will collect available CORR population data and future projections including Year 2000 census information and the most recent transportation B -7 Deliverables: projections. The purpose of this task is to review past population growth, evaluate other population projections, and identify target population levels for the milestone years. 5.2 Meet with CORR staff to obtain land use information and data regarding expected future growth pattems, development densities, and zoning. Develop estimates of per capita/connection water demand factors. 5.3 HDR will prepare estimates of water demands for different land use classifications for the basis of water demand projections in the currently undeveloped areas. These estimates will be based on assumed development densities and per capita/connection water demand factors developed in Task 5.2. 5.4 For the future development areas, delineate the proposed development areas into service areas and/or pressure planes. Using the demand projections for each land use classification developed in Task 5.3, develop water demand projections for the future development areas for each of the milestone years. The service areas will be divided based on engineering feasibility and any existing or planned facilities such as topography, routes, roads, streams, etc. HDR will utilize the previously developed demand nodes for the existing EPANET planning models as a baseline for the future demand allocation. 5.5 Utilizing input from the CORR staff, HDR will define general pipeline route locations in the proposed development areas and designate the locations of the demand nodes that will represent the future demands for each milestone year. Determine the estimated service area for each future demand node. Based on the estimated service area and the water demand projections developed in Task 5.4, assign future peak day flow rates to each of the demand nodes. 5.6 Determine the parameters for the Ultimate System build -out model(s). HDR will develop input points and estimated quantities for potential future supply sources. HDR will then review the future supply sources with the CORR staff and obtain concurrence on up to three Ultimate System scenarios before modeling proceeds. 5.7 Incorporate the nodal demands developed in Task 5.5 into the WaterCAD model for each milestone year. Execute each model to identify the required infrastructure improvements necessary to meet the future demands. 5.8 Prepare estimated costs of construction for the improvements identified for the Year 2005, 2010, 2020, and 2030 improvements. Costs of construction will not be prepared for the Ultimate system model(s). o Prepare a map of the distribution system infrastructure for each milestone year (including the Ultimate system). B -8 Task 6.0 — Optimization of Year 2005 Model Operations Objective: Work Tasks: ❑ Future WaterCAD planning models for the projected 2005, 2010, 2020, 2030, and Ultimate systems. o Estimated cost of construction of the infrastructure improvements required for Years 2005, 2010, 2020, and 2030. Typically, the largest operational costs that water systems experience is the cost for electrical power to meet the pumping requirements of the system. The WaterCAD software contains simulation routines that can incorporate a system's schedule of electrical power charges (including demand charges) and calculate power costs for the system under various operational conditions. HDR will execute the Year 2005 extended period simulation model and utilize the power cost calculation options within WaterCAD to estimate power consumption by the system for the current operational controls used by CORR. HDR will evaluate alternative operational schemes and system improvements (such as minimizing the re- pumping of water between pressure planes) that might reduce overall power costs for the system but continue to maintain acceptable hydraulic operating conditions for the customers. The goal of this task is to identify operational changes, such as tank levels, pump run schedules, and pump control set points, that will reduce overall power costs. The optimization parameters defined as a result of this task will be based on estimated Year 2005 peak day demands. 6.1 Collect the schedule of electrical power costs under which CORR currently operates and historic information regarding power costs incurred by CORR. 6.2 Contact the utilities supplying power to CORR and determine if there are other power delivery options that might reduce overall cost. These options might include the use of interruptible power or off -peak usage. 6.3 Incorporate the power cost schedules into the computer model and execute the Year 2002 WaterCAD model to estimate total power used under current operating controls. Compare this calculated power usage with historic power usage records for validation. HDR will then execute the Year 2005 WaterCAD model utilizing the current operating controls to establish a baseline estimated power cost for Year 2005. 6.4 Evaluate altemative improvements, operational schemes, and power purchase arrangements to identify alternatives that might lower overall system cost for the future Year 2005 operations. 6.5 Summarize findings in a draft technical memorandum. Meet with CORR staff to present results. CORR will select the identified improvements to include in future B -9 modeling efforts and provide guidance as to the anticipated timing of implementation. 6.6 Prepare final technical memorandum. Deliverables: n Technical memorandum summarizing power cost optimization analysis. Task 7.0 — Presentation of Results and Preparation of Report Objective: Work Tasks: HDR will develop a Final Water Distribution System Master Plan Report that documents the work efforts described in Task 2,3,4,5, and 6. 7.1 Prepare five copies of a Draft Executive Summary of the Water Distribution System Master Plan that will include a summary of the project, mapping of the proposed improvements, and an estimated cost of construction for Years 2005, 2010, 2020, and 2030. An Ultimate system map will also be prepared showing up to three future water supply scenarios and the required infrastructure improvements. 7.2 Meet with CORR staff in a work session to present the Draft results. 7.3 Prepare five copies of the Draft Water Distribution System Master Plan Report and submit to CORR for review. The full report will include the following: • Description of the project approach, analysis, and results as well as copies of the technical memorandums. • Color -coded map of the existing water system with the improvements required for each milestone year. • Copies of electronic computer files for the input and output for each WaterCAD model, demand spreadsheets, and ArcView project files. • Capital Improvements Plan divided by milestone year with estimated construction costs. 7.4 Upon review by the CORR, consider CORR's comments and finalize the Draft Water Distribution System Master Plan Report. 7.5 Prepare camera ready copy of the Final Report and the Distribution System Maps for the CORR's use in producing additional copies as needed. B -10 Deliverables: o Five (5) draft copies of the Water Distribution System Master Plan Report. ❑ Ten (10) final copies of the Water Distribution System Master Plan Report. ❑ Camera ready copy of the final report and the distribution system maps. ❑ One copy of the WaterCAD software and license documentation. B -11 EXHIBIT C - WORK SCHEDULE Water Distribution System Master Plan PROJECT SCHEDULE 2003 2004 TASKS J F M A M J J A S O N D J F M A M J J A S O N D Project Coordination and QA/QC I Update WaterCAD Model Obtain Year 2002 Data X Distribute Demands and Achieve Model Operation 1ri ■ Calibrate Model Prepare Data Collection Plan X Data Collection Efforts by the CORR Staff F cgs Develop Diumal Curves /Pipe Roughness Values Calibrate Model and Present Results Vulnerability Assessment ■ Identify Key Infrastructure Items for Evaluation X Evaluate Failure Modes and Present Results Develop Master Flan - - -- Obtain CORR Data X Develop Future Demands and Model Nodes Identify Infrastructure Improvements { . Develop Cost Estimates Optimization of Year 2005 Model Collect Power Cost Data X Evaluate System Operations and Present Results Prepare Report and Present Results Prepare Draft Summary, Maps, etc. Present Results to CORR Staff X Prepare Final Report and Deliverables EXHIBIT C - WORK SCHEDULE Water Distribution System Master Plan PROJECT SCHEDULE EXHIBIT D - FEE SCHEDULE Labor Hours Grad Eno. 1 Grad Fno 2 Task No. 1 Project Coordination & QA/QC C165LQ E4ncloal Ltd tanalvsisl Imalalinn) TnohnIciee Cladcai Task Houra Task Fe@ 1.1 Coordination of Work 16 4 4 24 $ 2,880 1.2 Project Guide 2 4 4 10 $ 860 1.3 Project Scheduling 4 4 8 $ 920 1.4 Kickoff Meeting 2 4 4 4 14 $ 1,780 1.5 Project Meetings (Internal & Extemal) 2 8 4 4 18 $ 2.360 1.6 Formal QA/QC 2 4 4 4 22 $ 2.940 1.7 Review Deliverables 2 4 4 10 $ 1,390 Total (Lump Sum) 8 8 42 28 0 12 108 $ 13,130 Grad Yno.1 Gr0d. Erin 2 Task No. 2 Update Year 2001 WaterCAD Model 0a/0C Principal 911 tanalvslsl Jmodelin@t Technician Clerical Task Hnurs Task Fn@ 2.1 Obtain CORR GIS Data 4 2 6 5 540 2.2 Obtain CORR Meter Data 4 2 6 $ 540 2.3 Assign Geographic Location to Water Meter Accounts 2 8 16 26 $ 2,530 2.4 Assign Water Meter Accounts to Model Demand Nodes 2 4 8 14 5 1,410 2.5 Assign Year 2002 Demands to Model Demand Nodes 2 4 6 $ 560 2.6 Classify Model Demand Nodes as Industrial, Municipal, etc. 2 4 8 $ 560 2.7 Import Data Into WaterCAD and Achieve Model Operation 16 18 $ 1,380 Total (Lump Sum) 0 4 24 16 36 0 80 $ 7,520 Grad. Eno. 1 Grad Eno.2 Task No. 3 Hydraulic Calibration of Model Q&QG principal Q_y ranatvstsl fnodoMol Technician Clerical Task Hours Task Fog 3.1 Obtain Historical Service Area Boundaries 2 8 4 14 $ 1,370 3.2 Prepare Data Collection Plan for CORR Staff 2 8 24 34 5 3,700 3.3 Review the Data Collected by the CORR Staff 2 16 18 $ 1.670 3.4 Develop Diumal Demand Curve for Key System Meters 2 8 10 $ 980 3.5 Develop Roughness Factors for Key Pipeline Groups 2 8 4 14 $ 1,370 3.6 Input Data Into WaterCAD and Achieve Model Operation , 2 8 10 $ 980 3.7 Achieve Macro Level Calibration for Steady State Runs 2 32 34 $ 3,050 3.8 Perform Sensitivity Analysis 2 8 10 5 980 3.9 Achieve Micro Level Calibration for Steady State Runs 2 32 34 $ 3,050 3.10 Achieve Micro Level Calibration for Extended Period Slmulalon Runs 2 32 34 $ 3,050 3.11 Present Calibrated Model to CORR Staff 4 4 8 16 32 S 3,590 3.12 Technical Memorandum Summarizing Results 2 4 16 4 26 S 2,650 Expenses (Task 3.0 Only) Computer (Cadd 61 $15 /hr) $ 120 Computer (Modeling @ $15/hr)) $ 1,920 Computer (Engineering © $10/hr) 5 525 Phone, Travel, Meals, Misc. $ 500 Printing & Plotting 5 250 [Subtotal (Expenses plus 10%) $ 3 650 Total (Per Deim Maximum) 0 8 34 88 128 8 4 270 $ 30,100 12/12/2002 Grad Fna 1 Grad. Fna.2 Task No. 4 Vulnerability Assessment G65LG Pdnrical to fanalvsis) fmodelinnl Technicaa Cledcal Task Hours Task Fee 4.1 Identify Key Infrastructure Items to be Evaluated 2 4 8 14 $ 1,740 4.2 Identify Impacts of Key Infrastructure Failure 4 • 8 12 $ 1,270 4.3 Evaluate Altemate Operation Modes to Mitigate Failure Modes 2 2 16 20 $ 2,140 4.4 Identify Infrastructure Improvements to Mitigate Failure Modes 2 8 10 $ 980 4.5 Prepare Draft Technical Memorandum and Meet with CORR Staff 4 8 12 $ 1,270 4.6 Prepare Final Technical Memorandum 2 4 0 S 390 Total (Lump Sum) 0 4 16 16 32 4 74 5 7,790 Grad Fna. 1 Grad Ena 7 Task No. 5 Develop Master Plan gg(QQ principal 2.61 /analysis) Jmodelma) Technician Clerical Task Hourg Task Fee 5.1 Obtain CORR Population and Projection Data 4 4 8 $ 920 5.2 Obtain CORR Land Use and Zoning Data 4 0 12 $ 1,270 5.3 Prepare Water Demand Estimates for Land Use Classifications 2 4 8 14 $ 1,740 5.4 Assign Demand Projections to Future Development Areas 4 16 24 44 $ 4,280 5.5 Locate Future Demand Nodes and Assign Demands for Milestone Years 4 8 24 24 60 $ 6,490 5.6 Determine Parameters for Three Ultimate System Models 4 4 16 8 32 $ 3,670 5.7 Incorporate Data Into WaterCAD and Identify Infrastructure Improvements 16 16 16 80 128 $ 14,350 5.8 Prepare Cost Estimates for Year 2005, 2010, 2020, and 2030 Improvements 4 8 60 72 $ 7,270 Total (Lump Sum) 0 30 52 152 80 56 0 370 $ 39,990 Grad Fro 1 Grad, Fna 7 Task No. 6 Optimization of Year 2005 Model Operations onroc Pdndoal 211 lanalrelel Jmadelinol Technician Cledcal Task Heurt Task Fag 6.1 Collect Power Cost Data 4 4 8 $ 920 6.2 Explore Power Delivery Options to Reduce Power Cost 2 2 4 $ 460 6.3 Incorporate Power Cost Data Into WaterCAD and Execute Model 2 4 8 14 $ 1,320 6.4 Evaluate Alternatives to Lower System Power Cost 2 4 4 16 28 $ 2,770 6.5 Prepare Draft Technical Memorandum and Meet with CORR Staff 2 6 8 16 5 2,030 6.6 Prepare Final Technical Memorandum 2 4 8 $ 390 Total (Lump Sum) 0 4 18 24 24 0 4 74 $ 7,890 Crad Fnn.1 Grad. Fna 2 Task No. 7 Present Results and Prepare Report ON= Pdnclnal 611 fanalvslsl (515451 nal Technician Clerical Task Wert Task Frg 7,1 Prepare Draft Executive Summary, Maps, and Cost Estimates 2 8 16 16 16 58 $ 5,440 7.2 Meet with CORR Staff to Present Results 4 8 8 20 $ 2,790 7 3 Prepare Draft Water Distribution System Master Plan Report (5 Copies) 2 8 32 8 40 90 5 7,370 7.4 Incorporate CORR Comments and Prepare Final Report (10 Copies) 4 16 4 24 48 5 3,670 7.5 Prepare Camera Ready Copy of Final Report and Maps 2 2 4 8 $ 850 Total (Lump Sum) 0 8 30 74 0 32 80 224 $ 20,120 Expenses (Tasks 1.0, 2.0, 4.0, 5.0, 6.0, and 7.0 Only) Computer (Cadd @ $15/hr) $ 1,980 Computer (Modeling i $15/hr)) $ 2,280 Computer (Engineering OD $10/hr) $ 2,005 Phone, Travel, Meals, Misc. $ 1,500 Printing 8 Plotting $ 3,000 Subtotal (Expenses) 5 10,770 Total Lump Sum Fee (Labor Plus Expenses) Total Per Delm Maximum Fee (Labor Plus Ex • enses) Project Total EXHIBIT D - FEE SCHEDULE $ 107,200 $ 30,100 $ 137,300 12/12/2002 Exhibit E Work Authorization CERTIFICATE OF LIABILITY INSURANCE Date: 17/11/02 PRODUCER Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112 -1906 INSURED UDR Engineering, Inc. 8404 Indian Hills Drive Omaha, NE 68114 -4049 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE GENERAL LIABILITY A GL03504583 6/1/02 6/1/03 AUTOMOBILE LIABILITY B BAP3504584 6/1/02 6/1/03 BAP3504585 WORKERS' COMPENSATION 6 /1/02 O AND EMPLOYERS' LIABILITY 90 , D EXCESS LIABILITY PROFESSIONAL LIABILITY 1AP3504586 RE: Water Distribution System Master Plan COMPANIES AFFORDING COVERAGE A Zurich American Ins Co — 0.P., KS American Guarantee & Liab (Zurich) C D Sentry Ins. Co. Continental Cas (V.O. Schinnerer) 6/1/03 LIMITS GENERAL AGGREGATE PRODUCTS - COMP /OP AGG. PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED. EXPENSE (Any one person) $ 5,000 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS $ EACH ACCIDENT $ 1,000,000 DISEASE- POLICYLIMIT $ 1,000,000 DISEASE -EACH EMPLOYEE $ 1,000,000 PLN113978408 6/1/02 6/1/03 Per Claim: $500,000 Aggregate: $500,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed .. before the expiration date tlfreof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock SIGN jr+RE OF AUTHORIZ 221 E. Main Street Round Rock, Texas 78664 �(� L J � �� I LAY Typ Name: Crover Simpson Title: Cert orinwr CORR.dwCot o€4osuFCORR-4 EXHIBIT - IDn002 President PRESENTATIVE Revised SGRAPMCMCCVIC1. AGE/1.1111.7.01HEEMG.793 MT. PR MAX RIA 12-17.7 -V W c ' o° aoa WESTIN WATER PLA - 1431 STAND PIPE 1 �` -: � ', 1. ...- '°:_• B 11•`x• Cn ¢ ' �11 1 c a c ao : ARTON HILL TANK STANDPIPE OU PU • STATION G V:° 11 VIST �5 ANDPIPE � I H --* i �` V SOUTHEAST •I' �:,` 70 .. l ,l � i A - • 3. a 1 na• - �\ \i � SOUTHER • RTIN HI" CR - v . a� • _ CR 109 - N ,, W ' E S 2003 WATER DISTRIBUTION SYSTEM MASTER PLAN Pg1YDROCC MOS SGRAPMCMCCVIC1. AGE/1.1111.7.01HEEMG.793 MT. PR MAX RIA 12-17.7 DATE: January 2, 2003 SUBJECT: City Council Meeting — January 9, 2003 r' 1 ITEM: 9.E.3. Consider a resolution authorizing the Mayor to execute a contract for Professional Services with HDR Engineering, Inc. for the development and delivery of a 2003 Water Distribution System Master Plan. Resource: Jim Nuse, City Manager Tom Clark, Director of Utilities History: HDR Engineering in 1985 prepared the city's existing water distribution master plan. The purpose of this item is to update the plan to reflect current and future growth patterns within the City. HDR developed our existing water model, which has system demand scenarios for years 2005, 2010, 2020 and 2030. Utilizing these scenarios HDR will develop the 2003 Water Distribution System Master Plan. The Master Plan will identify what improvements are required for each scenario and the timing of required system improvements to meet the system demands associated with each scenario. This 2003 Master Plan will replace the existing master plan providing us with up -to -date tool for planning future Water Distribution System improvements. The total fee for these professional services is $137,300.00. Funding: Cost: $ 137,300.00 Source of funds: Capital Project Funds (Self - Financed Utility) Outside Resources: HDR Engineering, Inc. ImpactBenefit: To optimize our water distribution system and minimize water shortages to our customers. Public Comment: N/A Sponsor: N/A ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AG EMENT FOR ENGINEERING SERVICES ("Agreement") is made and entered into on this the day of the month of cli4/1)UU 4i 200 ■9 , by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and HDR Engineering, Inc., whose principal place of business is located at 2211 South IH 35, Suite 300, Austin, TX 78745, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: CITY OF ROUND ROCK AGREEMENT FOR 'NG NEERING SERVICES WITH bk En11INttriivf / � RECITALS: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS 1 Contract No. The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 173 -01- D9 - 9E3 ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the, 32 day of the month of A P 121(. 200 , unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of One Hundred Thirty Seven Thousand Three Hundred Dollars ($137,300.00) as shown in Exhibit D entitled "Fee Schedule." The amount payable includes a Lump Sum Fee of One Hundred Seven Thousand Two Hundred Dollars ($107,200.00) for Tasks 1.0, 2.0, 4.0, 5.0, 6.0, and 7.0 as shown in Exhibit D entitled "Fee Schedule ", and a Per Diem Fee in the amount not to exceed Thirty Thousand One Hundred Dollars ($30,100.00) for Task 3.0 as shown in Exhibit D entitled "Fee Schedule ". The Per Diem services, as authorized by City, shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.45 for the Engineer. All direct non -labor expenses related to Task 3.0 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 amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall Engmeer's Contract- revised 10-2002/specs master 3 make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 4 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: Don M. Rundell, P.E. [Name] Chief Utility Engineer [Title] 2008 Enterprise Drive [Address] Round Rock, Texas 78664 [City, State, Zip] (512) 218 -5554 [Telephone Number] (512) 218 -5563 [Facsimile Number] City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: James K. Haney [Name] Executive Vice President [Title] 2211 South IH 35, Suite 300 [Address] Austin, TX 78745 [City, State, Zip] (512) 912 -5100 [Telephone Number] (512) 912 -5158 [Facsimile Number] ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to Engineer's Contract - revised 10.2002/specs master 5 resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he/she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such 6 work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she/it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer's Contract- revised 10- 2002/specs master 7 Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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 City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. 8 (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer's Contract- revised 10- 2002/specs master 9 Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. 3. The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. Engineer's Contract - revised 10.2002/specs master 11 5. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance ". 12 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: Engineer's Contract - revised 10.2002/specs master 13 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: James K. Haney Executive Vice President HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, TX 78745 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 14 The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in As corporate name by its Mayor, duly authorized to execute the same on ehalf by Resolution No. X- 03- 0/ -09- 9b3 approved by the City Council on the ? day of the month of J /4NU #Qy 2003 , and Engineer, �,Q,e V( - /A)F E//�J signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. By: By: CITY OF ROUND ROCK, TE aye ,/ ATTEST: City Secretary ENGINEER: ATTEST: By: Sign ature of Principal 7 Printed Name: James K. Haney, P.E. ARTICLE 34 SIGNATORY WARRANTY / c% A. 60,g Yce frkes/e^"' Engineer's Contract - revised 10- 2002/specs master 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 16 EXHIBIT A SERVICES TO BE PERFORMED BY THE CITY The City of Round Rock shall fumish to the Engineer the following items, information, and assistance: 1. Provide input during the project kickoff regarding key issues and general staff goals. 2. Provide location for team meetings and attendance by pertinent CORR staff. 3. Meet with HDR staff to discuss area developments and known or anticipated future developments. 4. Provide requested data and "as- recorded" drawings on water distribution system. This data is expected to include GIS mapping, technical information regarding the water system, billing summaries, water production records, customer connection records, zoning information, current master planning information, and other data relevant to establishing existing and expected water demands, demand distribution, and growth patterns. 5. Provide information on water production, tank levels, pumping stations operation, valve operation, and modifications to system operational characteristics. 6. Provide information on expected future land development and water demands including growth patterns, development densities, land use, zoning, and the location of future water supply sources. 7. Review and approve all demand projections, flow factors, and model parameters that require operational input. 8. Provide input regarding suitable locations for calibration testing and identify key areas of the system with operational problems or data inconsistencies for calibration purposes. 9. Conduct all field tests and measurements required for calibration of the distribution system model. Provide field crews and tools (pressure gages, pitot gage, hydrant wrenches, data collection equipment, etc.) for fire flow testing, operation of valves and hydrants, checking for inconsistencies , troubleshooting, and recording hourly consumption data from key water meters. Record hourly system operation data from SCADA network including tank levels, pump operation, and production data during fire flow tests and at requested intervals and dates. HDR will provide a detailed plan for the data collection efforts. 10. Provide comments to all technical memorandums and data presentations. A -1 EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER Task 1.0 — Project Coordination /Kickoff and Quality Assurance /Quality Control (QA/QC) Objective: HDR will perform project management as part of this project. This effort will include coordination with CORR staff to monitor deliverables and project status as well as ensure timely receipt of information that will be required from the CORR. In addition, HDR will organize and attend a kickoff meeting with the CORR's project team to formally identify the CORR's objectives for this project. HDR will discuss the proposed project plan to ensure it will meet the objectives identified by the CORR. HDR will also develop a Project Guide for use by all participants and implement an ongoing QA/QC program for the Water Distribution System Master Plan. Work Tasks: 1.1 Coordinate work efforts with CORR and within HDR throughout the duration of the project. 1.2 Develop Project Guide and distribute up to seven copies to CORR. 1.3 Develop project schedule with milestone dates. 1.4 Schedule and lead the project kickoff meeting. 1.5 Schedule and attend meetings with CORR project team. 1.6 Implement and administer internal QA/QC procedures. 1.7 Jointly review /critique all project deliverables and presentations. Deliverables: ❑ Seven copies of Project Guide including project schedule. ❑ Copies of minutes for all meetings. ❑ QA/QC Status Reports. B -2 Task 2.0 — Update Year 2001 WaterCAD Model with Year 2002 Network and Demands Objective: Work Tasks: HDR is currently utilizing one (1) of the two (2) licenses of Version 5.0 WaterCAD Water Distribution System Modeling Software that was recently purchased by CORR for the Water Distribution System Model development project. HDR will retain one (1) license of the WaterCAD software for use during this project. Once all work is completed, the WaterCAD software and license documentation will be turned over to CORR. Upon completion of the Master Plan project and pending that CORR does not expect to utilize two (2) licenses of the WaterCAD software internally, HDR will purchase one (1) license from CORR at the original purchase cost of the license for continued support of the distribution system model. HDR will obtain the latest pipeline data, water meter consumption data, and land parcel data from the CORR staff. HDR will utilize established methods from the recent Water Distribution System Model development efforts to input the Year 2002 demands and pipeline data into the existing WaterCAD model. 2.1 Meet with CORR staff to obtain the distribution system pipeline data and the land parcel data that is currently being updated by the CORR staff within a Geographic Information System. 2.2 Meet with CORR staff' to obtain the water meter consumption data, as well as historical daily production data. This data shall include the recorded monthly water use for each water meter account from the most recent month back to and including April 2002. 2.3 Utilizing the most recent land parcel map with updated billing addresses, link the water meter accounts to a geographic location within ArcView. HDR will obtain locations for a minimum of an average of 95% of the total water use recorded within the water meter accounts for each month during the Summer of 2002. 2.4 Using the "Shapefile Import/Export" functions within WaterCAD, generate updated Year 2002 model demand nodes from the CORR pipeline data. HDR will then utilize the methods established with ArcView during the development of the Year 2001 WaterCAD model to assign each water meter account with a geographic location to a corresponding model demand node. 2.5 Utilizing historical daily production data obtained from the CORR staff HDR will convert the monthly water meter consumption data to peak day flow rates and prepare a demand node dataset that can be utilized to develop a seasonal distribution system model. Each demand node will include the distributed water B -3 Deliverables: meter demands for each of the most recent 12 months prior to the month that the water meter data is obtained. 2.6 Utilizing the water meter account database, classify the model demand nodes as either industrial, apartment, or residential based on the classification of the meter accounts represented by the individual demand nodes. 2.7 HDR will then import the model demand nodes into WaterCAD and achieve operation of the uncalibrated Year 2002 WaterCAD model. ❑ Uncalibrated Year 2002 WaterCAD model of distribution system. Task 3.0 — Hydraulic Calibration of Year 2002 WaterCAD Model (with Significant Assistance from the CORR Staff) Objective: HDR will calibrate the WaterCAD model prepared in Task 2. Calibration is a key step to a successful modeling effort as it validates the model results against actual field conditions. HDR will first work with the CORR staff to identify the data collection methods needed for calibration and prepare a detailed plan for the data collection process. The CORR will provide the staff and tools needed to collect the field data, which includes physical inspections, pressure measurements, conducting fire hydrant flow tests, recording hourly water meter readings, recording hourly tank levels and production rates, and troubleshooting any problems that may occur. Using this data, HDR will then perform a macro level calibration analysis designed to identify the causes of significant differences between the model results and the recorded field conditions. These macro level inconsistencies typically include closed valves, incorrect network geometry, or incorrect operational parameters. Following the macro level calibration, a micro level analysis will be performed focusing primarily on adjusting pipe roughness factors and the estimated distribution of demands. The goal of the calibration step is to achieve model results within 5 to 10 feet of the actual hydraulic grade line, 3 to 6 feet of actual tank level fluctuations, and 10 to 20 percent of actual production flows, which is adequate for an operational analysis model. Note that the majority of the calibration and data gathering tasks should occur during the Summer of 2003 when the overall system stress will assist in identifying problem areas and provide a better check of the model. The level of effort required to achieve the above - listed calibration goals is dependant on the amount of unknown information discovered about the distribution system (such as closed/partially closed valves, incorrect pipe diameters, incorrect demand assumptions, etc.) It is, therefore, difficult to accurately estimate the level of effort required to meet the calibration goals. HDR will perform calibration tasks on a reimbursable basis. HDR will provide an update of calibration status when 50 %, 75 %, and 90% of the budgeted fee for this task has been reached. If 100% of the budgeted B-4 Work Tasks: fee is reached before the calibration goals have been reached, HDR will stop work, inform the CORR of the current calibration status, and proceed only after written direction is given from the CORR. 3.1 Meet with CORR staff to obtain historical service area boundaries. Historical service area boundaries will be utilized to develop pipe roughness values based on an estimated age of the distribution system pipelines. 3.2 Meet with CORR staff to identify the data collection methods needed for calibration. HDR will prepare a detailed data collection plan that will be used by the CORR Staff during the data collection process. 3.3 Review the data collected by the CORR staff during the Summer of 2003. This data may include, but is not limited to fire hydrant flow tests, recorded pressure readings on selected locations throughout the distribution system, hourly meter readings recorded from key industrial, municipal, and apartment meters, and hourly tank levels, pump and valve operations, and production rates recorded from the SCADA system. 3.4 Develop a diumal demand curve for municipal, industrial, and apartment water users based on the hourly meter readings recorded by the CORR staff. 3.5 Develop roughness factors for the distribution system pipelines based on the fire hydrant flow tests and the estimated age of the pipelines. 3.6 Input the diurnal demand curves and estimated roughness factors into the WaterCAD model and obtain model operation. 3.7 Using the data collected, perform a macro level, steady state calibration analysis to compare the model results with the recorded data. The analysis will focus on identifying differences in excess of about 30 %, which are typically caused by a unknown closed valve or incorrect pipe sizes, pump curves, or other operational data. HDR will meet with the CORR staff to discuss the inconsistencies identified. In conjunction with CORR staff, HDR will investigate valve positions and the correctness of data to resolve the inconsistencies. 3.8 Perform a sensitivity analysis of the WaterCAD model. Once the macro level calibration is complete, further calibration of the model will include changing either the pipe roughness values or the demand allocations. A sensitivity analysis will identify which of these variables will require the most attention during further calibration steps. 3.9 Perform a micro level calibration analysis for the steady state model runs focusing on adjusting only pipe roughness coefficients and the distribution of demands. B -5 Deliverables: Task 4.0 — Vulnerability Analysis of Year 2002 Model Objective: Work Tasks: The goal will be to achieve model results for the hydraulic grade line elevations to within 5 to 10 feet of field conditions. Modeled production flows should correspond to within 10 to 20 percent of field recorded values. 3.10 Perform a micro level calibration analysis for the extended period simulation (EPS) model runs focusing on adjusting the pipe roughness coefficients and the distribution of demands. This micro level calibration will focus on comparison of the modeled tank levels versus the field recorded tank levels throughout the EPS. The goal will be to obtain modeled results to with 3 to 6 feet of field recorded tank levels. In addition, modeled production flows should correspond to within 10 to 20 percent of actual flows. 3.11 Present the calibrated model to the CORR staff. 3.12 Prepare calibration technical memorandum summarizing calibration procedures and results. ❑ Calibrated WaterCAD Model of the CORR water system. ❑ Technical memorandum summarizing calibration procedures and results. Once the Year 2002 WaterCAD model has been completed and calibrated, HDR will execute the model in an attempt to determine the vulnerability and sensitivity of the system to failures of key system components. The sensitivity analysis will focus on the simulating failure of key transmission mains, pumping units, and storage facilities during both average and peak demand periods. The objective of the analysis will be to identify key infrastructure items in the system that lack redundancy and may result in catastrophic circumstances in the system. The analysis will also attempt to identify alternative operational modes or additional improvements to reduce the system's vulnerability to emergency operation. 4.1 Examine the Year 2002 WaterCAD model and identify key infrastructure items that appear to be critical to system operation. Meet with CORR staff to discuss the City's concerns, verify the items to be evaluated, and decide on up to five (5) failure scenarios to be simulated. 4.2 Execute the Year 2002 WaterCAD model to simulate the selected failure scenarios. Identify the impacts on both average and peak system operations. B -6 4.6 Prepare final memorandum. Deliverables: ❑ Technical memorandum summarizing vulnerability analysis. Task 5.0 — Develop Water Distribution System Master Plan Objective: Work Tasks: 4.3 Evaluate alternate operational modes to be implemented during each failure scenario. Determine if the system can operate by changing only system operation parameters. 4.4 If system operation does not mitigate impacts of failure scenario, identify required infrastructure improvements needed to provide redundancy. 4.5 Prepare draft technical memorandum summarizing results with estimated costs and a ranking of the alternatives identified. Meet with CORR staff to present results. CORR will select the identified improvements to include in future modeling efforts and provide guidance as to the anticipated timing of construction. HDR will develop a Water Distribution System Master Plan based on future demand projections and projected growth trends. The master plan will target milestone years of 2005, 2010, 2020, 2030, and Ultimate system build -out. HDR will meet with the CORR staff to obtain concurrence for the Ultimate system build -out, which is anticipated to have a capacity of 100 mgd and include estimated quantities and input points for up to three future supply scenarios. HDR will meet with the CORR to review expected land use classifications and zoning information. Using this information, along with population projections, the most recent transportation master plan projections, and previously developed future demand allocations from the existing EPANET planning models, HDR will develop water demand projections for each milestone year. As part of this task, the CORR will provide information with respect to the areas of likely growth and assumptions regarding future water supply locations, and review the final assumptions for compatibility with its expectations. The master plan will then identify the locations and sizes of the facilities needed to meet the anticipated future growth for each milestone year, as well as the Ultimate system models. HDR will then develop estimated construction costs and a map displaying the demand nodes and distribution system infrastructure required for each planning period. 5.1 HDR will collect available CORR population data and future projections including Year 2000 census information and the most recent transportation B -7 Deliverables: projections. The purpose of this task is to review past population growth, evaluate other population projections, and identify target population levels for the milestone years. 5.2 Meet with CORR staff to obtain land use information and data regarding expected future growth patterns, development densities, and zoning. Develop estimates of per capita/connection water demand factors. 5.3 HDR will prepare estimates of water demands for different land use classifications for the basis of water demand projections in the currently undeveloped areas. These estimates will be based on assumed development densities and per capita/connection water demand factors developed in Task 5.2. 5.4 For the future development areas, delineate the proposed development areas into service areas and/or pressure planes. Using the demand projections for each land use classification developed in Task 5.3, develop water demand projections for the future development areas for each of the milestone years. The service areas will be divided based on engineering feasibility and any existing or planned facilities such as topography, routes, roads, streams, etc. HDR will utilize the previously developed demand nodes for the existing EPANET planning models as a baseline for the future demand allocation. 5.5 Utilizing input from the CORR staff, HDR will define general pipeline route locations in the proposed development areas and designate the locations of the demand nodes that will represent the future demands for each milestone year. Determine the estimated service area for each future demand node. Based on the estimated service area and the water demand projections developed in Task 5.4, assign future peak day flow rates to each of the demand nodes. 5.6 Determine the parameters for the Ultimate System build -out model(s). HDR will develop input points and estimated quantities for potential future supply sources. HDR will then review the future supply sources with the CORR staff and obtain concurrence on up to three Ultimate System scenarios before modeling proceeds. 5.7 Incorporate the nodal demands developed in Task 5.5 into the WaterCAD model for each milestone year. Execute each model to identify the required infrastructure improvements necessary to meet the future demands. 5.8 Prepare estimated costs of construction for the improvements identified for the Year 2005, 2010, 2020, and 2030 improvements. Costs of construction will not be prepared for the Ultimate system model(s). ❑ Prepare a map of the distribution system infrastructure for each milestone year (including the Ultimate system). B -8 Objective: Work Tasks: ❑ Future WaterCAD planning models for the projected 2005, 2010, 2020, 2030, and Ultimate systems. ❑ Estimated cost of construction of the infrastructure improvements required for Years 2005, 2010, 2020, and 2030. Task 6.0 — Optimization of Year 2005 Model Operations Typically, the largest operational costs that water systems experience is the cost for electrical power to meet the pumping requirements of the system. The WaterCAD software contains simulation routines that can incorporate a system's schedule of electrical power charges (including demand charges) and calculate power costs for the system under various operational conditions. HDR will execute the Year 2005 extended period simulation model and utilize the power cost calculation options within WaterCAD to estimate power consumption by the system for the current operational controls used by CORR. HDR will evaluate alternative operational schemes and system improvements (such as minimizing the re pumping of water between pressure planes) that might reduce overall power costs for the system but continue to maintain acceptable hydraulic operating conditions for the customers. The goal of this task is to identify operational changes, such as tank levels, pump run schedules, and pump control set points, that will reduce overall power costs. The optimization parameters defined as a result of this task will be based on estimated Year 2005 peak day demands. 6.1 Collect the schedule of electrical power costs under which CORR currently operates and historic information regarding power costs incurred by CORR. 6.2 Contact the utilities supplying power to CORR and determine if there are other power delivery options that might reduce overall cost. These options might include the use of interruptible power or off -peak usage. 6.3 Incorporate the power cost schedules into the computer model and execute the Year 2002 WaterCAD model to estimate total power used under current operating controls. Compare this calculated power usage with historic power usage records for validation. HDR will then execute the Year 2005 WaterCAD model utilizing the current operating controls to establish a baseline estimated power cost for Year 2005. 6.4 Evaluate alternative improvements, operational schemes, and power purchase arrangements to identify alternatives that might lower overall system cost for the future Year 2005 operations. 6.5 Summarize findings in a draft technical memorandum. Meet with CORR staff to present results. CORR will select the identified improvements to include in future B -9 6.6 Prepare final technical memorandum. Deliverables: ❑ Technical memorandum summarizing power cost optimization analysis. modeling efforts and provide guidance as to the anticipated timing of implementation. Task 7.0 — Presentation of Results and Preparation of Report Objective: Work Tasks: ) DR will develop a Final Water Distribution System Master Plan Report that documents the work efforts described in Task 2,3,4,5, and 6. 7.1 Prepare five copies of a Draft Executive Summary of the Water Distribution System Master Plan that will include a summary of the project, mapping of the proposed improvements, and an estimated cost of construction for Years 2005, 2010, 2020, and 2030. An Ultimate system map will also be prepared showing up to three future water supply scenarios and the required infrastructure improvements. 7.2 Meet with CORR staff in a work session to present the Draft results. 7.3 Prepare five copies of the Draft Water Distribution System Master Plan Report and submit to CORR for review. The full report will include the following: • Description of the project approach, analysis, and results as well as copies of the technical memorandums. • Color -coded map of the existing water system with the improvements required for each milestone year. • Copies of electronic computer files for the input and output for each WaterCAD model, demand spreadsheets, and ArcView project files. • Capital Improvements Plan divided by milestone year with estimated construction costs. 7.4 Upon review by the CORR, consider CORR's comments and finalize the Draft Water Distribution System Master Plan Report. 7.5 Prepare camera ready copy of the Final Report and the Distribution System Maps for the CORR's use in producing additional copies as needed. B -10 Deliverables: ❑ Five (5) draft copies of the Water Distribution System Master Plan Report. ❑ Ten (10) final copies of the Water Distribution System Master Plan Report. ❑ Camera ready copy of the final report and the distribution system maps. ❑ One copy of the WaterCAD software and license documentation. B -11 EXHIBIT C - WORK SCHEDULE Water Distribution System Master Plan PROJECT SCHEDULE 2003 2004 TASKS J F M A M J J A S O N D J F M A M J J A S O N D I I I I Project Coordination and QA/QC Update WaterCAD Model Obtain Year 2002 Data X ■ Distribute Demands and Achieve Model Operation Calibrate Model _ Prepare Data Collection Plan X 1 ' Data Collection Efforts by the CORR Staff Develop Diumal Curves /Pipe Roughness Values ® CI Calibrate Model and Present Results Vulnerability Assessment Identify Key Infrastructure Items for Evaluation X Evaluate Failure Modes and Present Results UeveTep Master Plan Obtain CORR Data X Develop Future Demands and Model Nodes Identify Infrastructure Improvements _„ Develop Cost Estimates Optimization of Year 2005 Model Collect Power Cost Data X Evaluate System Operations and Present Results Prepare Report and Present Results Prepare Draft Summary, Maps, etc. Present Results to CORR Staff x Prepare Final Report and Deliverables F' 1 EXHIBIT C - WORK SCHEDULE Water Distribution System Master Plan PROJECT SCHEDULE EXHIBIT D - FEE SCHEDULE Labor Hours Grad. Eno. 1 Grad, Enn.2 Task No. 1 Project Coordination & QA/QC eaoo pdndoal EA (analysis) Imodellnol Technician aedwl Task Nagy Task Fen 1.1 Coordination of Work 16 4 4 24 $ 2,880 1.2 Project Guide 2 4 4 10 $ 860 1.3 Project Scheduling 4 4 8 $ 920 1.4 Kickoff Meeting 2 4 4 4 14 $ 1,780 1.5 Project Meetings (Internal & Extemal) 2 8 4 4 18 $ 2,360 1.6 Formal QA/QC 8 2 4 4 4 22 $ 2,940 1.7 Review Deliverables 2 4 4 10 $ 1,390 Total (Lump Sum) 8 8 42 28 0 8 12 106 $ 13,130 Grad Eno. 1 Grad. Eno. 2 Task No. 2 Update Year 2001 WaterCAD Model Qaoc Pnnacal Psi Lanalv'sisl Imadatovl Technician elodca( Task Ham Iaah.Eas 2 1 Obtain CORR GIS Data 4 2 6 $ 540 2.2 Obtain CORR Meter Data 4 2 6 $ 540 2 3 Assign Geographic Location to Water Meter Accounts 2 8 16 26 $ 2,530 2.4 Assign Water Meter Accounts to Model Demand Nodes 2 4 8 14 $ 1,410 2.5 Assign Year 2002 Demands to Model Demand Nodes 2 4 8 $ 560 2.6 Classify Model Demand Nodes as Industrial, Municipal, etc. 2 4 6 $ 560 2.7 Import Data into WaterCAD and Achieve Model Operation 16 16 $ 1,380 Total (Lump Sum) 0 0 4 24 16 36 80 $ 7,520 Task No. 3 Hydraulic Calibration of Model 3 1 Obtain Historical Service Area Boundaries 3 2 Prepare Data Collection Plan for CORR Staff 3.3 Review the Data Collected by the CORR Staff 3 4 Develop Diurnal Demand Curve for Key System Meters 3.5 Develop Roughness Factors for Key Pipeline Groups 3.6 Input Data Into WaterCAD and Achieve Model Operation 3.7 Achieve Macro Level Calibration for Steady State Runs 3.8 Perform Sensitivity Analysis 3.9 Achieve Micro Level Calibration for Steady State Runs 3.10 Achieve Micro Level Calibration for Extended Period Simulation Runs 3.11 Present Calibrated Model to CORR Staff 3.12 Technical Memorandum Summarizing Results Grad. Eno. 1 Grad Eno 2 pdndnal E'1 fanahsisl fmodamol Technician Gedcal Task Hart Task Fee 2 8 4 14 $ 1,370 2 8 24 34 $ 3,700 2 18 18 $ 1,670 2 8 10 $ 980 2 8 4 14 $ 1,370 2 8 10 $ 980 2 32 34 $ 3,050 2 8 10 5 980 2 32 34 $ 3,050 2 32 34 $ 3,050 4 4 8 16 32 $ 3,590 2 4 16 4 26 $ 2,650 Expenses (Task 3.0 Only) Computer (Cadd @ $15/hr) $ 120 Computer (Modeling Q $15 /hr)) $ 1,920 Computer (Engineering @ $10/hr) $ 525 Phone, Travel, Meals, Misc. $ 500 Printing & Plotting $ 250 Subtotal (Expenses plus 10;4) $ 3,650 Total (Per Delm Maximum) 0 8 34 88 128 6 4 270 $ 30,100 12/12/2002 EXHIBIT D - FEE SCHEDULE G Task No. 4 Vulnerability Assessment OAJOC Pdnaoa! p.{ Grad Ga d Eno 2 (modeGna) Technician dencar lath= Task Fee 4.1 Identify Key Infrastructure Items to be Evaluated 2 4 8 14 $ 1,740 4.2 Identify Impacts of Key Infrastructure Failure 4 8 12 $ 1,270 4 3 Evaluate Altemate Operation Modes to Mitigate Failure Modes 2 2 16 20 $ 2,140 4.4 Identify Infrastructure Improvements to Mitigate Failure Modes 2 8 10 $ 980 4.5 Prepare Draft Technical Memorandum and Meet with CORR Staff 4 8 12 $ 1,270 4 6 Prepare Final Technical Memorandum 2 4 6 $ 390 Total (Lump Sum) 4 16 18 32 0 4 74 $ 7,790 Gran. Eno 1 Goa Ena.2 Task No. 5 Develop Master Plan 0 NOC pnncina I per JanaNSisl Jmodnrmol Technician aensil Task Hours Task Fee 5 1 Obtain CORR Population and Projection Data 4 4 8 $ 920 5.2 Obtain CORR Land Use and Zoning Data 4 8 12 $ 1,270 5 3 Prepare Water Demand Estimates for Land Use Classifications 2 4 8 14 $ 1,740 5 4 Assign Demand Projections to Future Development Areas 4 16 24 44 $ 4,280 5 5 Locate Future Demand Nodes and Assign Demands for Milestone Years 4 8 24 24 60 $ 6,490 5.6 Determine Parameters for Three Ultimate System Models 4 4 16 8 32 $ 3,670 5.7 Incorporate Data into WaterCAD and Identify Infrastructure Improvements 16 16 16 80 128 $ 14,350 5.8 Prepare Cost Estimates for Year 2005, 2010, 2020. and 2030 Improvements 4 8 60 72 $ 7,270 Total (Lump Sum) 30 52 152 80 56 0 370 $ 39,990 Grad. Eno. 1 Garl Fno.2 Task No. 6 Optimization of Year 2005 Model Operations ONOC Pnncinal 7 1 4 Janalvsisl Jmodelno! Technician Q / / Task Hours Task Fee 6.1 Collect Power Cost Data 4 4 8 $ 920 6 2 Explore Power Delivery Options to Reduce Power Cost 2 2 4 $ 460 6.3 Incorporate Power Cost Data into WaterCAD and Execute Model 2 4 8 14 $ 1,320 6.4 Evaluate Alternatives to Lower System Power Cost 2 4 4 16 26 $ 2,770 6.5 Prepare Draft Technical Memorandum and Meet with CORR Staff 2 6 8 16 $ 2,030 6.6 Prepare Final Technical Memorandum 2 4 6 $ 390 Total (Lump Sum) 0 4 18 24 24 0 4 74 $ 7,890 Grad Eno 1 Gad Eno 2 Task No. 7 Present Results and Prepare Report ONOC principal pia (analvsist Jmedahno! Technician Clerical Task Henre Task Fee 7.1 Prepare Draft Executive Summary, Maps, and Cost Estimates 2 8 16 16 16 58 $ 5,440 7.2 Meet with CORR Staff to Present Results 4 8 8 20 $ 2,790 7.3 Prepare Draft Water Distnbution System Master Plan Report (5 Copies) 2 8 32 8 40 90 $ 7,370 7.4 Incorporate CORR Comments and Prepare Final Report (10 Copies) 4 16 4 24 48 $ 3,670 7.5 Prepare Camera Ready Copy of Final Report and Maps 2 2 4 8 $ 850 Total (Lump Sum) 0 8 30 74 0 32 80 224 $ 20,120 Total Lump Sum Fee (Labor Plus Expenses) Total Per Deim Maximum Fee (Labor Plus Expenses Expenses (Tasks 1.0, 2.0, 4.0, 5.0, 6.0, and 7.0 Only) Computer (Cadd rid $15/hr) $ 1,980 Computer (Modeling CO 515/hr)) $ 2,280 Computer (Engineering Q $10/hr) $ 2,005 Phone, Travel, Meals, Misc. $ 1,500 Printing 8 Plotting $ 3,000 'Subtotal (Expenses) $ 10,770 $ 107,200 5 30,100 Protect Total $ 137,300 12/12/2002 Exhibit E Work Authorization CERTIFICATE OF LIABILITY INSURANCE Date: 17/11/02 PRODUCER Lockton Companies 444 W. 47th Street, Ste 900 Kansas City, MO 64112 -1906 INSURED C Sentry Ins. Co. HDR Engineering, Inc. 8404 Indian Hills Drive D Continental Cas (V.O. Schinnerer) Omaha, NE 68114 -4049 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY A GL03504583 6/1/02 6/1/03 AUTOMOBILE LIABILITY B BAP3504584 6/1/02 6/1/03 BAP3504585 EXCESS LIABILITY WORKERS' COMPENSATION 6/1/02 6/1/03 C AND EMPLOYERS' LIABILITY 90 - 14910 - PROFESSIONAL LIABILITY BAP3504586 D PLN113978408 6/1/02 6/1/03 Per Claim: $500,000 Aggregate: $500,000 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS RE: Water Distribution System Master Plan Cert of insur CORR docCcrt of Incur CORR 1 10/2002 COMPANIES AFFORDING COVERAGE A Zurich American Ins Co — 0.P., KS B American Guarantee & Liab (Zurich) GENERAL AGGREGATE PRODUCTS - COMP /OP AGG PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE A(42I e - 4%/ Type. Name. Grover Simpson Title: President $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 1 MED. EXPENSE (Any one person) $ 5,000 1,000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed L before the expiration date thkeof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SIGN RE OF AUTHORIZ e PRESENTATIVE EXHIBIT- F Revised