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R-97-04-10-14B - 4/10/1997WHEREAS, the City of Round Rock desires to retain engineering services for backflow preventors at various Brushy Creek MUD interconnects, and WHEREAS, HDR Engineering has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with 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 an agreement with HDR Engineering, for backflow preventors at various Brushy Creek MUD interconnects, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 10th day of April, 1997. ATTEST: -JOAN1LL4IB, City Secretary Cf e 1511,0 E M A R: razz , ASST. K: \WPDOCS \RSSOLUTI \RS70410S WPD /ecg RESOLUTION NO. R- 97- 04- 10 -14B CHARLES CULPffPPER, Mayor City of Round Rock, Texas 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". Owner intends to install backflow prevention devices at interconnect points between the City of Round Rock water distribution system and the Brushy Creek MUD water distribution system. Such improvements are hereinafter referred to as the "Project ". 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. The Engineer shall render the following professional services necessary for the development of the Project: A. PRELIMINARY PHASE RECITALS CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER SECTION II CHARACTER AND EXTENT OF SERVICES 1. Attend preliminary conference with the Owner regarding the Project. 1 AGREEMENT FOR ENGINEERING SERVICES 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 portions of Section VI A). 2. Fumish 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. Perform field surveys to collect information which in the opinion of the Engineer, is required in the design of the Project. Design surveying and construction staking for the Construction Improvement is not included in the Basic Charge. 4. 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. 5. 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. 6. Fumish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of ten (10) are to be paid for separately. Additional sets will be paid for in accordance with Attachment No. 3 - Hourly Rate Schedule. 7. Provide information on utilities to be relocated in connection with the project. The Owner will provide excavation to determine location and depth 2 of underground water and sewer lines. Utilities to be relocated by others shall be noted on the plans. City -owned utilities to be relocated also shall be noted on the plans. Where feasible, relocation of City -owned utilities shall be included in the construction contract. 8. Provide a letter for the Owners signature to each utility operating within the City of Round Rock advising them of the project and describing any known relocations to be performed by that utility and setting forth a proposed construction schedule. This letter and a complete set of plans shall be delivered to each utility by the Engineer. The Engineer shall provide timely assistance and location stakes as necessary for utility relocations to assure that utility relocations do not delay the project. 9. Provide easement and right -of -way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawing of the affected properties. These services will be paid for in accordance with Attachment No.3 - Hourly Rate Schedule. 10. Provide field note descriptions to the Owner for any site(s) that is required for Owner to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by Owner, barring unforeseen and unusual difficulties associated with the property. These services will be paid for in accordance with Attachment No. 3 - Hourly Rate Schedule. C. CONSTRUCTION PHASE 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 3 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, fumish 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 fumished 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 S 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 4 Contract Documents; and assemble written guarantees which are required by the Contract Documents. 8. 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. 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. 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 completed, 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, 5 theOwner 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. A. PRELIMINARY PHASE B. DESIGN PHASE (Not Used) 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 at the address listed below: HDR Engineering, Inc. P.O. Box 3480 Omaha, Nebraska 68103 -0480 Payment for engineering services associated with this project shall be in the lump sum amount of $8,000. This lump sum amount includes preliminary through construction phase services. This sum will be paid in monthly installments based on the status of the project. C. CONSTRUCTION PHASE. (Not Used) D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE CHARGES The charges above described 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: 6 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 Design Purposes and 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; eamings 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: $145.00 per hour in which Engineer's presence or his representative is required by Owner. $640.00 per day minimum charge. 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) Fumished directly by the Owner, or (b) By Engineer in accordance with Attachment No. 3 - Hourly Rate Schedule. 7 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 service charges will be made by the Owner, upon presentation of statements by the Engineer for such services. 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 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 lump sum 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 8 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 Owner will not reuse for extensions of the original project or new projects unless 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 fumished to the Owner upon request. The use by either party of such documents is unrestricted. Owner assumes all liability for use of drawings on other than the specific project for which they were prepared. SECTION IX NOT USED 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 9 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: HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, Texas 78741 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 2008 Enterprise Round Rock, Texas 78664 SECTION XIL 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 10 the Project. The date for completion of the Design Phase shall be six weeks after Notice To Proceed with the Design Phase. Attest: CITY OF ROUND ROCK Charles Culpep r, Mayor Attest: dean-Re-69+A City Secretary CN2tST JE lM 22 A5s7 w:a2000O49\ . - 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 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 three counterparts (each of which is an original) on behalf of the Engineer by its Vice - President shown below,, and on be If of t eJOwner by its Mayor (thereunto duly authorized) this the 1O day of 19 q7 . 11 HDR ENGINEERING, INC. J =mes K. Haney, P.E Executive Vice President Attest: Attachment 1 Not Used Attachment 2 Not Used ITEM DESCRIPTION RATE 1. Senior Engineer $145.00/hr. 2. Registered Professional Engineer $82.00/hr. 3. Design Engineer (ie. E.I.T.), Hydrologist $50.00/hr. 4. Design Technician $60.00 /hr. 5. Calculator, including computer and plotter $15.00/hr. 6. Drafting Personnel $50.00 /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. engrsery mst b: w. X02000049 \gtasenroundroctbrusbtp\agree.doc ATTACHMENT NO.3 HOURLY RATE SCHEDULE DATE: April 4, 1997 SUBJECT: City Council Meeting, April 10, 1997 ITEM: 14B. Consider a resolution authorizing the Mayor to execute an agreement with HDR Engineering for backflow preventors at various Brushy Creek MUD interconnects. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: April 2, 1997 TO: Jim Nuse, P.E. Director of Public Works FROM: Steve Miller, P.E. Facilities Engineer MEMORANDUM SUBJ: Backflow Prevention Devices - Brushy Creek MUD The engineering services for the proposed backflow prevention devices are outlined on the attached agreements. These devices are for preventing any cross - connection with non -city users of Round Rock's water system. The following tabulation delineates the approximate cost of this project: Engineering $8,000.00 Surveying $15,000.00 Construction 580.000.00 Total $103,000.00 It appears the surveying cost may vary based on the number of easements developed through the course of the project. backllow /sm Mayor Charles Culpepper Mayor Pro -tem Earl Palmer Council Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Beru,et4 Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK April 16, 1997 James K. Haney, P.E. Executive Vice - President HDR Engineering, Inc. 2211 South IH -35, Suite 300 Austin, TX 78741 Dear Mr. Haney: 221 Past Main Street Round Rock. Texas 78664 512-218-5400 The Round Rock City Council approved Resolution No. R- 97- 04- 10 -14B at their regularly scheduled meeting on April 10,1997. Enclosed is a copy of the resolution and one original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512- 218 -7097 1-800-735-2989 TDD 1-800-735-2988 Voice