Loading...
R-97-05-22-11C - 5/22/1997Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennet. Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK November 10, 1997 Hejl, Lee & Associates, Inc. Mr. Chien Y. Lee, P.E., AICP 2207 Hancock Drive Austin, Texas 78756 Dear Mr. Lee: 221 East Main Succt Round Rock, Texas 78664 512- 218 -5400 The Round Rock City Council approved, at their regularly scheduled meeting on May 22, 1997, Resolution No. R- 97- 05- 22 -11C which contracts for engineering services for the Rubio Subdivision Street and Drainage Improvement Project. Enclosed is a copy of the resolution and one original contract for your files. If you have any questions, please do not hesitate to contact me. Sincerely, Joanne Land, Assistant City Manager/ City Secretary enclosure Fax: 512 -218 -7097 1- 800 - 735 -2989 TDD 1- 800. 735.2988 Voice WHEREAS, the City of Round Rock desires to retain engineering services for the Rubio Subdivision Street & Drainage Improvements, and WHEREAS, Hejl, Lee & Assoc. Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Hejl, Lee & Assoc. 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 with Hejl, Lee & Assoc. Inc., for the Rubio Subdivision Street & Drainage Improvements, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of May, 1997. ATTEST: E IC: \ NPDOCS \RRSOLUTI \R8]0523C.WPD /scg LAND, City Secretary RESOLUTION NO. R- 97- 05- 22 -11C CHARLES CULP ER, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called " "City" and Heil, Lee & Associates, Inc., having its principal business address at 2207 Hancock Drive, Austin, Texas 78756, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH Rnhin Snhdivicinn Street and Drainage Improvement Project Contract No. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, Resolution No. establishes the City's policies and procedures for contracting for engineering services; and WHEREAS, the City desires to contract for engineering services described as follows: AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. Page 1 of 13 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on December 31, 1999 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $81,500.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity engcontm.wpd/spectw ARTICLE 4 COMPENSATION Page 2 of 13 from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City. The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and /or omissions resulting from its negligence. The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. eieaotrc.wpd/speetw ARTICLE 6 NOTICE TO PROCEED ARTICLE 7 PROGRESS Page 3 of 13 At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. engcoNce.wpd/apectw ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, Page 4 of 13 of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. engcontre.wpd/spectw ARTICLE 12 OWNERSHIP OF DOCUMENTS Page 5 of 13 The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. cngconllc wpd /spectw ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City in the performance of their duties. Page 6 of 13 engeootrc wpd spew ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is Page 7 of 13 usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. snscon«.wpd/spcctw ARTICLE 19 COMPLIANCE WITH LAWS The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. Page 8 of 13 The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. engcomrc.wpd/spectw ARTICLE 22 ENGINEER'S SEAL ARTICLE 23 NONCOLLUSION ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. Page 9 of 13 The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. onoo»trc.wpd/,p, tw ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION ARTICLE 27 COPYRIGHTS ARTICLE 28 COMPUTER GRAPHICS FILES ARTICLE 29 SUCCESSORS AND ASSIGNS ARTICLE 30 SEVERABILITY Page 10 of 13 This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. engcontrc wpd/spectw ARTICLE 31 PRIOR CONTRACT SUPERSEDED Page 11 of 13 All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: og000tre.wpuspoctw City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES Hejl, Lee & Associates, Inc. Attn.:Chien Y. Lee P.E. AICP 2207 Hancock Drive Austin, Texas 78756 Page 12 of 13 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. NPR, IPP AT A soeiateC Inc THE ENGINEER By By. engcontm.wpd/spectw Signature Chien V T,ee P F. ATCP Printed Name Principal Title Date City o • /n. Charles Cul..per, Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 13 of 13 The City of Round Rock will furnish to the Engineer the following items /information: engcontrc wpd/spectw ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK • Maps of project area; • Related available survey information including bench marks; • Related flood studies, plans, and /or specifications which may aid in the design of these improvements. • City contour maps, water maps, wastewater maps in computerized format. • Coordinate meeting(s) and correspondence with neighborhood residents. ATTACHMENT B PROFESSIONAL ENGINEERING SCOPE OF SERVICES The Engineer shall provide the following scope of services for the basic fee: A Preliminary Design Phase: 1. Consult with the City to determine the requirement of this Project. 2. Prepare a preliminary engineering study and report on the project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the City, to include schematic layouts and sketches and a general cost estimate for the Project, and to set forth the Engineer's recommendations. 3. Assist the City in coordinating any necessary surveys of existing right -of -way, topography, utilities, or other field data required for proper design of the project. Provide consultation and advise as to the necessity of the City providing or obtaining other services such as auger borings, core borings, soil tests, or other subsurface explorations; laboratory testing and inspection of samples or materials; other special consultations; and act as the City's representative in connection with any such services. 4. Determine whether or not the project requires acquisition of property and if applicable furnish to the City: a. Name and address of property owners b. Legal Description of Parcels to be acquired. c. Map showing entire tract with designation of part to be acquired. 5. Perform drainage analysis to accommodate roadway and drainage design. B Final Design Phase: 1. On the basis of the approved preliminary design documents prepare detailed construction drawings and specifications for the Project. 2. Furnish to the City engineering data for and assist in the preparation of the required documents so that the City may secure approval of such governmental authorities as have jurisdiction over design criteria applicable to the Project. 3. Advise the City of any adjustment of the cost estimate for the Project caused by changes in scope, design requirement or construction costs and furnish a revised cost estimate for the Project based on the completed drawings and specifications. 4. Preparation of Bid Packet /Contract Documents. 5. Assist the City with actual advertisement /solicitation 6. Assist the City in conducting the bid opening. 7. Bid tabulation, to include completeness and eligibility screening. 8. Announcement of lowest and best bid, if applicable (at bid opening). 9. Rejection of all bids and re- advertisement of bids. 10. Accomplish construction Contractor eligibility verification. C Construction Phase: 11. Approval of contract award by City. 12. Issuance of Notice to Proceed to construction Contractor. 1. Coordinating with City and the City's survey firm to set such stakes for the construction work as may be necessary for the contractor to determine alignment and grade of work to be constructed. 2. Make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the plans, specifications, and contract documents; the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work; the Engineer will not be responsible for the techniques and sequences of construction and the Engineer will not be responsible for the City's and /or the contractor's failure to perform the construction work in accordance with the plans, specifications, and contract documents; and during such visits and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, the Engineer will keep the City informed of the progress of the work and will endeavor to guard the City against defects and deficiencies in the work of the City and /or the Contractors, and may disapprove work as failing to conform to the plans and specifications, and contract documents. 3. Check samples, catalog data, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for the conformance with the design concept of the Project and compliance with the information given by the plans, specifications, and contract documents; and accept or frequent all such submittal data furnished by the Contractors, materials used, and work performed by the Contractor as either complying or not complying with the intent of the plans, specifications and contractor documents. 4. Consult and advise the City, act as the City's representative at the Project site, issue all instructions of the City to the construction contractors that do not conflict with good engineering practice, and prepare routine change orders as required. 5. Based on the Engineer's on -site observations as an experienced and qualified design professional and on the Engineer's review of the Contractor's applications for payment, determine the amount owing to the Contractor in such amounts; such approvals of payment to constitute a representation to the City, based on such observations and review and data comprising such applications, that the work has progressed to the point indicated and that, to the best of the Engineer's knowledge, information, and belief, the quality of work is in accordance with the plans, specifications, and contract documents, subject to the results of the subsequent testing called for in the SERVICES NOT TO BE PROVIDED BY ENGINEER 1. Water Pollution Abatement Plan. 2. FEMA floodplain revision and /or modification. 3. Material testing during construction. 4. Utility relocation improvements. 5. Detention and/or water quality improvements. 6. Construction staking. 7. Resident engineering inspection. specifications and contract documents and any qualifications stated in this approval. 6. Processing and submittal of Change Orders to the City. 7. Conduct, in company with the City's representative, a final project site visit for conformance with the design concept of the Project and compliance with the plans, specifications, and contract documents, and recommend in writing final payment to the Contractor. 8. Furnish the City a set of record prints of drawings and addendum drawings showing those changes made during the construction period, based upon the marked up prints, drawing, and other data furnished by the Contractor to the Engineer. 9. Make a project site visit prior to expiration of the guarantee period and report observed discrepancies under guarantees provided by the construction contract. • City authorizes HLA to start work • Survey 3 - 4 Weeks • Preliminary Design Phase 3 - 4 weeks • City reviews preliminary design phase • Floodplain evaluation 3 weeks • City reviews floodplain evaluation • City authorizes final design phase • Final design phase 4 - 6 weeks • City reviews final design • City authorizes advertise and bid phase • Advertise and bid phase 6 - 8 weeks • City awards project and enters into contract • City authorizes construction • Construction administration phase 24 - 30 weeks ATTACHMENT C WORK SCHEDULE • City and Engineer perform punch list and final walk- through • City accepts project • One year warrantee period begins ATTACHMENT D PAYMENT SCHEDULE PROFESSIONAL ENGINEERING SERVICES City shall reimburse Hejl, Lee & Associates, Inc. for basic and special engineering services provided under completion of the following project milestones per the following percentages of the maximum contract amount: BASIC SERVICES FEE TOTAL 1) Preliminary Design Phase $21,000.00 2) Final Design Phase 24,000.00 3) Advertise & Bid Phase 3,000.00 4) Construction Administration Phase 15,000.00 5) Preparation of record drawings & 700.00 project closeout Total Basic Services $63,700.00 SPECIAL SERVICES 1) Geo- Technical $3,500.00 2) Survey 6,500.00 3) Floodplain Limited Evaluation 7.800.00 Total Special Services TOTAL ENGINEERING FEE Any additional services required shall be reimbursed under the following hourly rate schedule: Principal Engineer $100.00 Engineer $60.00 Technician $35.00 Clerical $30.00 $17,800.00 $81 500.00 Professional Liability Insurance Commercial Insurance Concepts Jim Jimmerson 1946 South IH -35, Suite 301 Austin, Texas 78704 443 -0878 ATTACHMENT G CERTIFICATE OF INSURANCE General Liability, Auto & Worker's Compensation Insurance State Farm Insurance Larry Selby 6850 Austin Center Blvd., Suite 155 Austin, Texas 78731 346 -1300 ie named contractor shall not commetiee work until he/she hes obtained the minimum insurance specified in Section II, below. and obtained the tbiiewing endorsements. �e City of Round Rock as m ditW al insured for coverages 3, 4 & 5. and a Waiver of Subrogation in favor of the City under coverages 2.3. & 5. Only m fiestea of insurance published by this City are acceptable as proof of Insurance. Commercial carriers certificates are unacceptable ECTION L IDENTIFICATION DATA: I Insured Contractor's Name: Hejl, Lee & As Inc. .2 Street/Mailing Address: . 3 : ci Austin 2207 Hancock Dr. 1.4:State: Texas .6: Phone:( 512 ) 467 - 9793 iECTION II. TYPE OF INSURANCE: 'ype: Polley No.: CITY OF ROUND ROCK CERTIFICATE OF INSURANCE Effective date: . Workers' Compensation: 2.1 2.2 ndorsed with a Waiver of Subrogation in favor of the City of Round Rock. . Commercial General Liability: :ndily injury/ 3.1 3.2 roperty damage ndorsed with the City of Round Rock as an Additional Insured and endorsed :. Texas Business Automobile Policy: o. Bodily Injury: 4.1 4 . 2 3. Property Damage 4.4 ' 4.5 indorsed with the City of Round Rock as an Additional Insured and endorsed i. Professional Liability Policy: 5.1 L509332 -01 5,2 5 - :indorsed with a Waiver of Subrogation in favor of the City of Round Rock. 5. Umbrella Policy (If Applicable): 6.1 6.2 Mar -97 Z0 3DVd S3lt/I0OSSV 331 1f3H NOTE: Copics of the endorsements listed below are not required as attachments .. to this certificate. 1.5: Zip; 78756 Expiration Date: Limits of Liability not less than: 2.3 Statutory-Texas 3.3 5300,000 combined single limit each occurrence and in the aggregate. with Waiver of Subrogation in favor of the City of Round Reek. 4.3 S100,000 ea person 5300,000 ca. occurrence ... - 4.6 _ 4.6 • - .. • 550,000 ea. occurrence with Waiver of Subrogation in favor of the City of Round Rock. - 97 5.3 5.:12'99 6.3 S SECTION III - CERTIFICATION: This Certificate of insurance neither affirmatively w negatively amends, extends, or alters :he coverage afforded by the above insurance policies issued by the insurance company named below. Cancellation ofthe insurance policies shall not be made until THIRTY DAYS AFTER the undersigned agent or his/her company has sent written melees by certified mail to the contractor and the City of Round Rock. THIS IS TO CERTIFY to the City of Round Rock, bat the insurance policies above met all the requirements stipulated above and such policies am in full force and effect. 7.1. Name of insurance Design 7 2 Company Address: Box DPI j 7.3City: Montere L Professionals Insur. Co. C 7.4: State _CA' 7.5: Zip 93942 8,1: Name of Authorized Agent Commercial Insurance Concepts - Austin 8.2 Agent's Address 1946 S. IH - 35, Suite 301 8.3 City Austin 8.4 State X 8.5 Zip ,, 78704 een ins.xls/fannsa RC1;AL ni$Wt'ot0b 6micgp'r5. 5000 LtI6L97ZI5 SS ZI L661/9T/L0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE 6766 —F120 POLICY NO.,90 —CS- 4328 -6 CQVERAGE IS PROVIDED BY REPLACES NO. 90— CG- 7001-7 STATE FARM FIRE AND CASUALTY COMPANY 8900 STATE FARM WAY, AUSTIN TX 78729 -1110 NCCI CARRIER CODE NO. 14842 1. NAMED INSURED.& MAILING ADDRESS NEJL,-LEE.& ASSOCIATES, INC 2207•HANCOCK DR AUSTIN r TIN TX,•78756- 2508. te t ..AK;; %44; -,.: ,:.c r Pap. 'INSURED IS A CORPORATION COPYRI6H, T tt1 ;.000NCILON COMPENSATION INSURANCE iii «i -�« - -� 2., THE>POLICY ; PERIOD IS ° FROM 04/01/97.TO 04/01/98 12:01 A.M. STANDARD.TIME AT THE • ^INSURED''SMAILING'ADDRESS :' 3A., WORKERS ''COMPENSATIONYINSURANCE: "PART ONE.OF- THE.POLICY APPLIES.TO THE WORKERS COMPENSATION LAW OF.THE STATES LISTED HERE:. TX B. EMPLOYERS LIABILITY .INSURANCE: - PART TWO OF THE POLICY APPLIES TO WORK.IN•EACH.STATE LISTED IN ITEM 3A. THE LIMITS OF OUR LIABILITY ' UNDER PART:TWO ARE: :BODILY•INJURY BY ACCIDENT $ 500,000 EACH ACCIDENT BODILY.INJURY_BY.DISEASE $ 500,000 EACH EMPLOYEE BODILY ;INJURY:BY DISEASE $ 1 500 000 POLICY LIMIT C: OTHER %INSURANCE: ; .PART. HREE.OF:THE POLICY APPLIES TO.ALL STATES EXCEP. oT1• ME�� ;ND�NV�f.OH�ayRI�YA „WV,7 AND STATES •LISTED . IN 3A. `I''f^:: n •• S D.' MCIIgg42030p6I 'YC4pp 2030ttuu 1D:/,WC4gg 20308/0197�ENT3 AND µ SC HEDULES:. WC000000A PAS .u4�f �3Art' „ 4: . • 4._THE PREMIUMtFOR rTHIS W- POL•ICY'WILL4BEI OUR MANUALS OF. RULES CLASSIFICATIONS” RATES AND RATING PLANS. ALL INFORMATION REQUIREDi -IS SUBJECT TO VERIFICATION AND CHANGE BY AUDIT. CODE NOS.'AND CLASSIFICATIONS 8601 ENGINEER OR — CONSULTING 8810 CLERICAL OFFICE EMPLOYEES NOC' EMPLOYERS LIABILITY INCREASED LIMITS PREMIUM INCENTIVE 00.0% EXPENSE CONSTANT MINIMUM PREMIUM $ 250 TEXAS PREMIUM ADJUSTMENT PERIOD SHALL BE ANNUAL PREPARED 02/17/97 WC 00 00 01•A FEIN 742671399 LOCATION: 2207 HANCOCK DR AUSTIN TX PREMIUM BASIS.TO— TAL ESTIMATED AN- NUAL REMUNERATION 50, 000 30,930 RATE /$100 REMUNERA— TION -.67 .44 TOTAL ESTIMATED ANNUAL PREMIUM $ ESTIMATED ANNUAL PREMIUM 5 0 661 DEPOSIT PREMIUM $ 661 TX MAINT TAX 0.756X $ 4.97 COUNTERSIGNED_ / 3(j 1477 BY AGENT �j L LyT r 335i 136 • 4E013 06 -23 -97 TEXAS BUSINESS AUTO COVERAGE FORM DECLARATIONS -PAGE 1 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 8900 STATE FARM WAY AUSTIN, TX 78729 *RENEWAL CERTIFICATE* A" FORM OF BUSINESS: ® CORPORATION ❑ PARTNERSHIP ❑ INDMDUAL ❑ OTHER REM1: NAMED INSURED AND MAILING ADDRESS 53 -6766 442W HEJL, LEE & ASSOCIATES, INC. 2207 HANCOCK DR AUSTIN TX 78756 -2508 ITEM THREE: SCHEDULE OF COVERED AUTOS YOU OWN COVERED AUTO YEAR TRADE NAME MODEL BODY STYLE SERIAL NUMBER( S) CLASS TERRROR VEHICLE IDENTIFICATION NUMBER (VIN) 1 1997 CHEVROLET SUBURBAN SPORT WG 1GNEC16R8VJ357959 3A 0 23 ITEM TWO: SCHEDULE OF COVERAGES AND COVERED AUTOS" -' -'" —'— ' - -- " - COVERAGE SYMBOL- COVERED AUTO NUMBER•PREMIUM- COVERAGE NAME•LIMIT -AUTO COVERAGE SYMBOL POUCYNUMBER U17 5389- A25 -53A POLICY PERIOD JUL -25 -97 TD JAN -25 -98 at 12.01 A.M. Standard Time at tee address of the named insured as stated herein STATE FARM PAYMENT PLAN NUMBER 0330110325 PREMIUM SHOWN IS PAYABLE $ $622.00 AT INCEPTIC` DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION AB LIABILITY — (SYMBOL 7) $212.00 BODILY INJURY LIABILITY LIMIT— COVERAGE AB — EACH PERSON, EACH ACCIDENT 100,000 300,000 $113.00 PROPERTY DAMAGE LIABILITY LIMIT - COVERAGE AB - EACH ACCIDENT 50,000 P1 $30.00 PERSONAL INJURY PROTECTION(SEE ENDORSEMENT) LIMIT — COVERAGE P1 — EACH PERSON 2,500 D $81.00 5100 DEDUCTIBLE COMPREHENSIVE — (SYMBOL 7) G $130.00 5250 DEDUCTIBLE COLLISION — (SYMBOL 7) U UNINSURED /UNDERINSURED MOTORISTS(SEE ENDORSEMENT) $48.00 LIMIT - COVERAGE U- BODILY INJURY EACH PERSON, EACH ACCIDENT 100,000 300,000 $8.00 LIMIT — COVERAGE U— PROPERTY DAMAGE($250 DEDUCTIBLE) EACH ACCIDENT ` 15,000 - $622.00 ESTIMATED TOTAL PREMIUM FOR POLICY PERIOD JUL -25 -97 TO JAN -25 -98 EXCEPTIONS AND ENDORSEMENTS ATTACHED TO THIS POLICY. PREMIUM FOR ENDORSEMENTS(SHOWN ABOVE WHEN APPLICABLE) FINANCED —ANY LOSS UNDER PHYSICAL DAMAGE COVERAGE IS PAYABLE AS INTEREST MAY APPEAR TO THE INSURED AND PUBLIC EMPLOYEES CREDIT UNION, PO BOX 2205, AUSTIN TX 78768 -2205. IL 00 21 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD. FORM. TE 00 39B AMENDATORY ENDORSEMENT: CHANGE CONDITIONS AND DEFINITIONS. TE 00 40 AMENDATORY ENDORSEMENT— TEXAS: CHANGE CANCELLATION OR NONRENEWAL CONDITIONS. ITEM 2— SYMBOL 7 SPECIFICALLY DESCRIBED AUTOS. TE 04 01C PERSONAL INJURY PROTECTION ENDORSEMENT -TEXAS (COVERAGE P). TE 04 06B MEXICO COVERAGE- LIMITED. TE 04 09D UNINSURED /UNDERINSURED MOTORISTS INSURANCE (COVERAGE U). TE 20 35A LOSS PAYABLE CLAUSE — MODIFIED. TE 99 60A SUPPLEMENTARY DEATH BENEFIT. THIS IS YOUR DECLARATIONS PAGE PLEASE ATTACH TO YOUR AUTO POUCY BOOKLET COUNTERSIGNED 06 -23 -97 BY LARRY SELBY 6766 - 120 YOUR POLICY CONSISTS OF THIS PAGE, ANY ENDORSEMENTS, AND THE POLICY BOOKLET, FORM 9843U . 2 S T PLEASE KEEP TOGETHER REPLACED POLICY U175389 - 53 155- 4972.2 11/05/97 09:42 FAX 512 343 8241 LARRY J SELBY J01 Coverage information B -BUSN PROP 26500 C -LOSS INC ACT LOSS L -BUSN LIAB GEN AGGREGT M- MED /PERSN Prev risk: 1000000 2000000 Messages: Year built: 1972 Zone: 56 Rey rate: 10 5000 STATE FARM INSURANCE NOVEMBER 05, 1997 Fire Policy Status • • B Ph. (512)467 -9793 HE.3i, LEE 4 ASSOCIATES, INC LLYD Policy: 90- BR- 1778 -1 L Yr issd: 1995 2207 HANCOCK DR AUSTIN TX 78756 -2508 Location: 2207 HANCOCK DR AUSTIN TX 78756 -2508 Term: CONT Type: BUSINESS - OFFICE Renew date: JAN -25 -98 Premium: 572.00 Amount due: SFPP Date due: SFPP Bill to: SFPP Prev prem: 472 25,700 SFPP acct:0330- 1103 -25 Deductibles applied: 250 ALL PER OTHER DED MAY APPLY Constr: VENEER Forms and Endorsements FP -6125 SPECIAL FORM 3 FE -6510 TEST /CNSLT E &O FE -6309 LOSS PAYABLE FE -6312 PR OP LTA EXCL FE -6464 POL END FE -6451 TREE DEBRS REM FE -6243 AMENDATORY END DATE: May 19, 1997 SUBJECT: City Council Meeting, May 22, 1997 ITEM: 11C. Consider a resolution authorizing the Mayor to execute an agreement with Hejl, Lee & Assoc., Inc. For engineering services for the Rubio Subdivision Street & Drainage Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: DATE: May 15, 1997 TO: Jim Nuse FROM: Larry Madsen MEMORANDUM Al Wille, Chief Engineer and myself have discussed engineering firms for the Streets and Drainage Bond Project for the Rubio Subdivision area. We requested Hejl, Lee & Associates to provide us with a resume and list of qualifications. We reviewed their qualifications and I personally interviewed Dan Hejl, principal of the firm. I recommend we consider this firm for this project as they are qualified and are familiar with the scope of the project. HEJL; • LEE & ASSOCIATES, INC. DANIEL P. HEJL, JR., P.E. • CHIEN Y. LEE, P.E. RATER /WASTEWATER TREATMENT PLANTS , WATER STORAGE & DISTRIBUTION WASTEWATER COLLECTION SYSTEMS STREET & HIGHWAY DESIGN LAND DEVELOPMENT & PLANNING , COMPUTERIZED MAPPING • 2207 HANCOCK DRIVE , AUSTIN, TEXAS 78756' • PHONE 512- 467 -9793 FAX 512- 467 -9147 November 05, 1997 Mr. Jim Nuse, P.E. Public Works Director City of Round Rock . 2008 Enterprise Round Rock, Texas 78664 REF: City of Round Rock Rubio Subdivision Water . & Wastewater Improvements HLA Project No. P94 -08 -09 - • Dear Mr. Nuse, Please find attached agreements for the above referenced project. Please sign both copies of the agreement and return one copy to our office, keeping the ; second copy for your files. We appreciate the opportunity to work with the City on this project. Yours very truly, • , HEJL, LEE & ASSOCIATES, INC. Chien Lee, P.E., AICP, Principal Attachments R-97-05-2-11c