Loading...
R-91-1648 - 9/12/1991RESOLUTION NO. /6 4 M. , WHEREAS, the City of Round Rock desires to retain engineering services for improvements to the West Wastewater Treatment Plant, and WHEREAS, HDR Engineering has submitted a proposal to provide said engineering services, and WHEREAS, the City Council desires to accept said proposal from HDR Engineering, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with HDR Engineering for engineering services for improvements to the West Wastewater Treatment Plant. RESOLVED this 12th day of September, 1991. ATTEST: 1 II Secretary RS09121B MIKE ROBINSON, Mayor City of Round Rock, Texas AGREEMENT , FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between the City of Round Rock, Texas hereinafter called the "Owner ", and HDR Engineering, Inc., Consulting Engineers, hereinafter called the "Engineer ". RECITALS Owner intends to construct Improvements to The West Wastewater Treatment Plant under the 1991 Capital Improvement Project. Such improvements are hereinafter referred to as the "Project ", as outlined in Exhibit "A ". A. PRELIMINARY PHASE CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. - SECTION II - CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the , development of the Project: 1. Attend preliminary conference with the Owner regarding the Project. 1 2. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. 3 When a written report is prepared, furnish the Owner ten (10) copies of the preliminary report, including preliminary layouts, sketches and cost estimates. B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portiohs of Section VI A). Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants - in -aid, state loan programs, planning advances or to meet the requirements of the special programs of the federal government). 3. Prepare detailed specifications and contract drawings, for construction authorized by the Owner. • These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicable state and federal agencies for approval. 4. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. C. CONSTRUCTION PHASE 3 5. Furnish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. Owner to be billed for each such set. 1. Assist the Owner in the advertisement of the Project for bids. 2. Assist the Owner in the opening and tabulating of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. 4. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult and advise with the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. 6. If specifically authorized by the Owner in writing, furnish the services of resident Project Representatives, and other field personnel for continuous on- the -site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; if provided, compensation shall be determined under Section VI A.) The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contractors, and since it is the contractors' responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the contractors' failure to do so, and, so long as Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on- the -site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors of liability therefore or subject the Engineer to any liability for any such defect or deficiencies. 7. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 8. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers in a form acceptable to the City. 9. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 10. Revise contract drawings, with the assistance of the resident Project Representatives, or the Owners representative, to provide record drawings of the completed Project. Furnish one set of reproducible drawings and one set of prints of there revised drawings to the Owner. 4 SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received written authorization from the Owner. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or its representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. • SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work and for Special Assignments and Services not included in these phases. All remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office in HDR Engineering, Inc., 3000 S. IH 35, Ste. 400, Austin, Texas 78704. Exhibit "A" details lump sum payment of $24,280.00. Progress payments will be made monthly based on the percent of design completed as approved by the Owner. 5 A. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN THE ABOVE LUMP SUM AMOUNT The charges above described in the Preliminary, Design and Construction Phases shall provide compensation to the Engineer for all services called for under this Agreement to be performed by him, or under his direction, except the services set forth below. These excluded services and Special Assignments, and the compensation to be paid by the Owner to the Engineer for their performance, as required, are as follows: The following services, if authorized by the Owner, (1 through 9), shall be reimbursed in accordance with Attachment No.1 - Hourly Rate Schedule. 1. Services of a resident Project Representative, and other field personnel as required, for on- the -site observation of construction. 2. Services for Construction Layout Surveys (Construction Staking). 3. Land surveys and establishment of boundaries and monuments. 4. Preparation of property or easement descriptions. 5. Preparation of any special reports required for marketing of bonds. 6. Appearances before regulatory agencies. 7. Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. 8. Additional copies of reports and specifications and additional blue print copies. 9. Preparation of applications and supporting documents for government grants, loans or planning advances for public works projects. 10. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. Basis of Compensation: $100.00 per hour in which Engineer's presence or his representative is required by Owner. $280.00 per day minimum charge. 6 11. Soil and foundation investigations, including test and analyses of test results. Basis of Compensation: (a) Furnished by the Owner and observed by the Engineer in accordance with attachment No.1 - Hourly Rate Schedule, (b) Owner contract separately with qualified testing firm. 12. Detailed mill, shop and /or laboratory inspection of materials or equipment. Basis of Compensation: (a) Furnished directly by the Owner, or (b) By Engineer in accordance with Attachment No.1 - Hourly Rate Schedule. 13. Extra travel required of the Engineer and authorized by the Owner from Round Rock to points other than the State of Texas in connection with the Project. Basis of Compensation: Cost of travel and living expenses plus a twenty percent (20 %) service charge. Cost of labor in accordance with Attachment No.1 - Rate Schedule. 14. Services for location stakes associated with the Project as necessary for utility companies operating within the City Limits of Round Rock. Should the Owner fail to make payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty (30) days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the current prime rate of banking institutions in Round Rock, from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the re- advertisement for bids or by 7 the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expenses, which services and expenses shall not be considered as covered by the percentage fee stipulated in this Agreement. Compensation for such extra services shall be in accordance with Attachment No.1 - Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the 'design of the Project or for revising design or plans when such design and plans prove not Jo be feasible for construction. SECTION VIII - OWNERSHIP OF DOCUMENTS Engineer shall retain ownership of all original documents, plan designs, and survey notes on all projects that are not completed and for which Engineer is not compensated regardless of whether the instruments were copyrighted. Additionally, all such documents for which Engineer is not compensated Owner will not reuse for extensions of the original project or new projects unless Owner shall secure the permission of Engineer and Engineer shall be entitled to further compensation for the use of such documents. All original documents, plan designs, and survey notes for completed or partially completed projects for which Engineer has been compensated shall be the property of Owner and Engineer and reproducible copies shall be furnished to the Owner upon request. The use by either party of such documents is unrestricted. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice' of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second arbitrator. Such two arbitrators, shall meet forthwith and agree in writing upon a third arbitrator, and 8 • shall immediately give the parties written notice of the third arbitrator's appointment. B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five (5) days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten (10) days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such ' awards shall be governed by the Texas General Arbitration Act, Articles 224 through 238 -6, inclusive, Revised Statutes of 1925, as amended. D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty - day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement.As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. 9 HDR Engineering, Inc. Ste. 400, 3000 South IH 35 Austin, Texas 78704 -0536 City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SECTION XI ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: SECTION XII SECTION CAPTIONS Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the project will be conveyed through the City's Director of Public Works, and the Engineer shall confer frequently with the Director of Public Works throughout the Design Phase of the Project. The date for completion of the Design Phase is November 30 1991. 10 The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of the Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. • EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice - President shown below, end on behalf he wner by its Mayor (thereunto duly authorized) this the oZ g_ day of (� 1991. ' Attest: CITY OF ROUND ROCK J of J1i L /A 441.0 Attest: encrserv.hd,ro• ti • Land, City Secretary SECTION XIV SUCCESSORS AND ASSIGNS 1 . %�. / Jams . aney, Ex- utive Vice President HDR Engineering, In • 11 Mike Robinson, Mayor ITEM DESCRIPTION RATE 1. Registered Professional Engineer $70.00 /hr. 2. Senior Engineer $125.00/hr. 3. Design Engineer (ie. E.I.T.), Hydrologist 555.00 /hr. 4. Design Technician $45.00 /hr. 5. Drafting Personnel $45.00 /hr. 6. Clerical, including word processor $30.00 /hr. 7. Reimbursement for direct non -labor expense and sub- contract expense at invoice cost plus twenty (20 %) percent service charge. engrserv.hdrro: ATTACHMENT NO.1 HOURLY RATE SCHEDULE 12 August 20,-,1991 Mr. Steven Miller, P.E. Public Works Department City of Round Rock 221 E. Main Round Rock, Texas 78664 Re: Proposed Engineering Services West Wastewater Treatment Plant Dear Mr. Miller: HDR Engineering, Inc. EXHIBIT A , This letter presents a proposal for certain engineering services at the City of Round Rock West plant. It is sent as a result of recent meetings and discussions with Michael Vollmar and other City of Round Rock staff. • Items for which engineering is to be provided and engineering costs for the items are listed below: ' Engineering Item Cost 1. Dechlorination system including sulfur dioxide feed system and housing for feed equipment; slab, trunnions and scales for ton cylinders; monorail, steel support structure for monorail with metal roof to shade cylinders, and electric hoist to handle cylinders; Parshall flume to meter effluent and pace feed equipment; and related yard piping and other modifications 2. Evaluation of pressure and volume requirements associated with hydropneumatic plant water system, evaluation of locations and types of pumps available for hydropneumatic system, and design of replacement system. 3. Preliminary treatment units including screening, and demolition of existing screen structures, pipe rerouting and valving. Suite 400 3000 South IH 35 Austin, Texas 78704 -6536 $ 8,500 7,800 6,500 4. Paving parking area 1,480 Telephone 512 442 -8501 Mr. Steven Miller, P.E. August 20, 1991 Page 2 Engineering costs would cover preparation of plans and specifications to allow the City to advertise and obtain bids for the work, response to questions during bidding, assistance in reviewing bids and developing a recommendation for award of contract, shop drawing review, and a final inspection. The costs do not include surveying or testing; we assume the City would obtain any design surveying data needed. We appreciate having the opportunity to provide this proposal to the City of Round Rock. Should you have questions or need additional information, please so advise me. Sincerely, HDR Engineering, Inc. ames R. Glaser, P.E. 7RG /dlc October 17, 1991 Mr. Steven Miller, P.E. Public Works Department City of Round Rock 214 East Main Street Round Rock, Texas 78664 Re: Engineering Agreement West Wastewater Treatment Plant Dear Mr. Miller: ic Enclosed are two signed copies of an agreement for engineering services associated with improvements at the West Wastewater Treatment Plant. Please return one copy to our office following execution by the City. We appreciate having the opportunity to provide services to the City of Round Rock on this project. Sincerely, HDR Engineering, Inc. J h es R. Glaser, P.E. Project Manager JRG /dlc Enclosure HDR Engineering, Inc. 3000 South IH 35 Telephone Suite 400 512 442-8501 Austin, Texas 78704 DATE: September 10, 1991 SUBJECT: City Council Meeting, September 12, 1991 ITEM: 10B. Consider a resolution authorizing the Mayor to enter into an engineering agreement with HDR Engineering for improvements to the West Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: As discussed at a previous City Council meeting, several items need to be constructed at the West Wastewater Treatment Plant to meet Federal and State requirements. Staff recommends the engineering firm of HDR to engineer this work. This recommendation is made based on the firm's experience with wastewater treatment plant designs in general and their specific experience with our facilities.