R-95-10-24-11K - 10/24/1995Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Council Members
Robert Sduka
Rod Morgan
Rick Steuart
.Martha Chavez
bonny Joseph
City Manager
Robert L Bennett. Jr.
,City Attorney
Stephan L Sheets
December 7, 1995
Mr. Ken Haney, P.E.
Executive Vice - President
HDR Engineering, Inc.
2211 South IH 35, Suite 300
Austin, TX 78741
Dear Mr. Haney:
Resolution No. R- 95- 10- 24-10K was approved by the Round Rock City
Council on October 24, 1995.
Enclosed is a copy of the resolution and an original agreement for your
files. If you have any questions, please do not hesitate to call.
Sincerely,
oanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512 - 255 -3612
Fax 512-255.6676 1-800-735-2989 (TDD) 1 -800- 735 -2988 (Voice)
services for construction phase services for the East Wastewater
Treatment Plant, and
WHEREAS, HDR Engineering has submitted a proposal to provide
WHEREAS, the City of Round Rock desires to retain engineering
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 construction phase services for the East Wastewater
Treatment Plant.
RESOLVED this 24th day of October, 1995.
ATTEST:
E LAND, Secretary
Rt \RSSOLUTI \RS51024K.WPD /ele
RESOLUTION NO. R- 95- 10- 24 -11K
CHARLES CUPF,�YP R, Mayor
City of Round Rock, Texas
�s- )o -aq-
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., hereinafter called the
"Engineer".
RECITALS
Owner intends to construct Improvements to the East Wastewater Treatment
Plant. Such improvements are hereinafter referred to as the "Project."
CONTRACTUAL UNDERTAKINGS
SECTION l
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
A. PRELIMINARY PHASE
Not applicable.
B. DESIGN PHASE
Not applicable.
C. CONSTRUCTION PHASE
1. 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.
2. Consult and advise with the Owner; issue all instructions to the contractor
requested by the Owner; and prepare routine change orders as required.
3. 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.
2
4. Review monthly and final estimates for payments to contractors, and fumish
to the Owner any necessary certifications as to payments to contractors
and suppliers in a form acceptable to the City.
5. 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.
6. 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.
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 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
3
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 Construction Phase of the work and for Special Assignments and Services not
included in Section II. All remittances by Owner of such compensation shall either be
mailed or delivered to the Engineer's office in Omaha, Nebraska.
A. PRELIMINARY PHASE:
Not applicable.
B: DESIGN PHAS
Not applicable.
C. CONSTRUCTION PHASE
The Engineer shall receive compensation for construction Phase Service on a
cost - plus -fixed fee basis with a maximum not -to- exceed contract amount. For and in
consideration of the Project Construction Phase Services to be provided, the Engineer
shall be paid a maximum not -to- exceed contract amount of Six Hundred and One
Thousand and No One Hundredths Dollars ($601,000.00) which consists of a fixed fee of
Fifty Four Thousand Five Hundred and Twenty -Two and Sixty One Hundredths Dollars
($54,522.60) and maximum cost of Five Hundred and Forty Six Thousand Four Hundred
and Seventy -Seven and Forty One Hundredths Dollars ($546,477.40) as more fully
detailed in Attachment 4. Costs are as defined in Paragraph II E. Compensation
described above is based upon a twenty -two month construction period. Duration of
construction beyond twenty -two months shall serve as a basis for renegotiation of the
above - defined upper limit.
4
D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE
CHARGES
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 7), shall be reimbursed
in accordance with Attachment No. 3 - 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: $150.00 per hour in which Engineer's presence or his
representative is required by Owner. $600.00 per day minimum charge.
5
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. 3 - 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. 3 - 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. 3 - Rate
Schedule.
14. Services for location stakes associated with the Project as necessary for utility
companies operating within the City Limits of Round Rock.
Payments to the Engineer for authorized services not in the basic percentage
charges will be made by the Owner, upon presentation of statements by the
Engineer for such services, but not until Bond or Grant funds are in the Owner's
possession.
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.
E. DEFINITION OF COSTS
1. Salary Expenses: "Salary Expenses" shall be defined as an amount based upon
the actual direct salaries plus a factor of 1.600 times the actual direct salary to
6
cover direct employee benefits and general and administrative overhead. "Actual
Direct Salaries" shall be defined as the actual wages paid to the project manager,
planners, surveyors, engineers, drafters, technicians, other professionals, clerks,
etc., for the time directly chargeable to the Project. "Actual Direct Salaries" for the
anticipated categories of employees are as indicated in Attachment 4. The direct
employee benefits and general and administrative rate as described above and in
Attachment 4 shall be provisional, intended for interim billing purposes pending
Engineer's submission of and City's and Engineer's agreement on final audited
and approved fiscal year multipliers for the periods of this Agreement. Engineer
agrees to and shall submit to City the results of audits of their firm's direct
employee and general and administrative rate which may be conducted by
auditors internal or external to the firm during the periods of this Agreement.
Notwithstanding the above, the maximum amount(s) established under this
Agreement and any Supplemental Amendments thereto shall not be exceeded
regardless of audit results which may indicate a direct employee benefit and
general and administrative rate greater than that shown above.
2. Direct Non -Salary Expenses: Direct Non -Salary Expenses shall be paid at the
actual invoice cost and shall include, but not necessarily be limited to, the
following:
a) Reasonable living and traveling expenses of professional and technical
personnel when away from the cities in which they are permanently assigned
and when conducting authorized business directly connected with the Project.
The cost of first -class airline fares in excess of coach fares shall not be
reimbursed by City.
b) Identifiable communication expenses such as long- distance telephone,
facsimile, express charges, and postage.
c) Identifiable reproduction costs applicable to the Project such as photocopying,
printing, etc.
d) Disbursements made by the Engineer under approved subcontracts.
e) Rental or fair charges for the use of special equipment, tools, and electronic
data processing equipment required in connection with Engineer's services for
the Project.
7
F. METHOD OF PAYMENT
Payments on account of the Engineers services shall be made as follows:
1) Payments for project Construction Phase Services shall be made monthly, in
proportion to services performed and in response to invoices received, so that
compensation at the completion of Project does not exceed compensation
amount established herein for such services.
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 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 fee stipulated in
this Agreement.
Compensation for such extra services shall be in accordance with Attachment No.
3 - 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 to 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 shall remain the property of the Engineer. Owner
will not reuse documents for extensions of the original project or new projects unless
8
Owner shall secure the permission of 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
A. 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 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 fi rst
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
9
Engineer existing when the Agreement terminates shall continue to be subject to
arbitration hereunder.
HDR Engineering, Inc.
2211 South IH 35, Suite 300
Austin, Texas 78741
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.
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:
10
All notices and communications under this Agreement to be mailed or delivered to
the Owner shall be to the following address:
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
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 compensation for engineering service is based on a twenty -two month
construction period.
SECTION XIV
SUCCESSORS AND ASSIGNS
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
11
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 b I , and on be if of the O 'nner by its Mayor
(thereu to duly authorized) this the (— day of /QC
L4 Y l U��2
19 9
Charles Culpep.' r, Mayor . Kenneth (Ken) Ha -y
Executive Vice President
Attest: HDR ENGINEERING, INC.
p4-4-
Attest: CITY OF ROUND ROCK
dfd1/
janne Land
ity Secretary
12
ATTACHMENT NO. 1
NOT USED
ATTACHMENT NO. 2
NOT USED
ATTACHMENT NO.3
HOURLY RATE SCHEDULE
ITEM DESCRIPTION RATE
1. Senior Engineer $135.00/hr.
2. Registered Professional Engineer $75.00/hr.
3. Design Engineer (i.e. E.I.T.), Hydrologist $50.00 /hr.
4. Design Technician $45.00/hr.
5. Calculator, including computer and plotter $40.00/hr.
6. Drafting Personnel $45.00/hr.
7. Clerical, including word processor $33.00/hr.
8. Reimbursement for direct non -labor expense
and sub - contract expense at invoice cost
plus ten (10 %) percent service charge
w:1072250081" agreemnt rr"
Salary - Office Personnel
Category Hours Bate Extension
Proj. Man. 1242 $46.00 $57,132.00
Sr. Eng. 492 $46.00 $22,632.00
Pr. Eng. 780 $30.00 $23,400.00
Jr. Eng. 1000 $20.00 $20,000.00
Clerical 464 $13.00 $ 6,032.00
Technician 900 $17.00 $15.300.00
$144,496.00
Overhead @ 1.60 $231.193.60
Subtotal - Office Personnel $375,689.60
Expenses
Subcontract
w 106865005\conpro5 wk3
ATTACHMENT 4
FEE DEVELOPMENT INFORMATION
CONSTRUCTION PHASE ENGINEERING SERVICES
BRUSHY CREEK REGIONAL WASTEWATER TREATMENT PLANT
CITY OF ROUND ROCK, TEXAS
Category Amount
Travel $3,868.80
Long Distance $750.00
Postage /Courier $1,500.00
Printing $8,000.00
Computer Time $15.000.00
Subtotal - Expenses
Subcontractor Amount
Scott Koushesi $20,000.00
Delphi Groupe $29,700.00
Jose Guerra $26,554.00
Ponciano Morales $18,290.00
McGray & McGray $7,720.00
James R. Schultz $39.405.00
Subtotal - Subcontract
Subtotal Expenses Plus Subcontract Costs
Total Costs
Fixed Fee
Total Estimated Fee
$29,118.80
$141.669.00 •
$170,787.80
$ 546,477.40
$54.522.60
$ 601,000.00
DATE: October 20, 1995
SUBJECT: City Council Meeting, October 24, 1995
ITEM: 11K. Consider a resolution authorizing the Mayor to enter into an
engineering agreement with HDR, Inc. for construction phase
services at the East Wastewater Plant.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Plant construction is underway for the East Wastewater Plant expansion. This
Engineering agreement is for the construction phase services. HDR is the design
engineer and will perform these services. It has taken some effort to come up with the
best package of professional service to insure this plant is built properly. The agreement,
along with Item 111, is staffs proposal for the best construction management team for this
project. The fee is based on established engineering fee criteria (NSPE curve). The
price for agreement service under this agreement is $601,000.