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R-97-10-23-10H - 10/23/1997CITY OF ROUND ROCK - • t .nrr tttt Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Stlaka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets October 29, 1997 Terry R. Hagood, P.E. Fisher Hagood, Inc. One Chisholm Trail Suite 5200 Round Rock, TX 78681 Dear Mr. Hagood: The Round Rock City Council approved Resolution No. R- 97- 10- 23 -10H at their regularly scheduled meeting on October 23, 1997. Enclosed is a copy of the resolution and 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 221 East Main Street Round Rock Texas 78664 512- 218.5400 WHEREAS, the City of Round Rock desires to retain engineering services for the Mesa Ridge Regional Drainage Improvements, Phase II, and WHEREAS, Fisher Hagood, Inc. has submitted a contract to provide said services, and WHEREAS, the City Council desires to enter into said contract with Fisher Hagood, 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 a contract with Fisher Hagood Inc., for the Mesa Ridge Regional Drainage Improvements, Phase II, a copy of said contract being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 23rd day of October, 1997. K:\ WPDOCS \RSSOLDTI \RS71013H.WPD /scg RESOLUTION NO. R- 97- 10- 23 -10H ATTEST: f io aminL- NE LAND, City Secretary 2 CHARLES CULPEPPER, 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 Fisher Hagood, Inc., having its principal business address at One Chisholm Trail, Suite 5200, Round Rock, TX 78681, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH 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: Mesa Ridge Re•ional Draina•e Improvements Project extends from the north side of Mesa Ridge Subdivision south through the Johnson Tract to US 79. Services include the design, permitting, bidding, and construction observation for drainage channel improvements. 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 1998 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 $33.000.00 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 from that originally anticipated or character of work as authorized by the City. eegcaety..,speetW ARTICLE 4 COMPENSATION Page 2 of 13 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. 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. engcontre.wpd/spectw ARTICLE 6 NOTICE TO PROCEED 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. ARTICLE 7 PROGRESS 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. At the request of the City or the Engineer, conferences shall be provided at the Engineer's Page 3 of 13 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. 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, 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 engcontrc.wpd/spectw Page 4 of 13 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. ARTICLE 12 OWNERSHIP OF DOCUMENTS 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 fumished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. engcontrc.wpd/spectw Page 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL 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. The Provider 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. 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 or USDOT representatives in the performance of their duties. engennrce.wpd/spectw No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK Page 6 of 13 engcontrc.wpd/spectw 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. 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. 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. 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. en gcontrc.wpd/spectw ARTICLE 20 INDEMNIFICATION ARTICLE 21 ENGINEER'S RESPONSIBILITY Page 8 of 13 ARTICLE 22 ENGINEER'S SEAL 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. ARTICLE 23 NONCOLLUSION 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. en gcontre.wpd/spectw 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 F. 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 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION 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. ARTICLE 27 COPYRIGHTS 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. ARTICLE 28 COMPUTER GRAPHICS FILES 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 13 and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS 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. ARTICLE 30 SEVERABILITY 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. engcontrc.wpd/spectw Page 10 of 13 ARTICLE 31 PRIOR CONTRACT SUPERSEDED 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. engcontro.wixVspechv Page 11 of 13 engcontrc.wpd/spectw City of Round Rock Public Works Attn.: Jim Nuse 2008 Enterprise Drive Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES 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: Fisher Hagood, Inc. Attn.: Terry R. Hagood, P.E. One Chisholm Trail, Suite 5200 Round Rock, TX 78681 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. FISHER HAGOOD, INC. THE ENGINEER r + 1 i By' , 1/ Signature Terry R. Hagood, P.E. Printed Name Secretary /Treasurer City o By: Title Date LIST OF ATTACHMENTS engcontre.wpd/spectw 77( Charles Culpepper, Mayor 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 - Hourly Rate Schedule Attachment F - Certificate of Insurance, if applicable Page 13 of 13 engcontro.wpd/spectw ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: 1) Access to existing as -built plans for adjacent projects 2) Assistance with neighborhood meetings if necessary. 3) Assistance with easement negotiation. ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER A. PRELIMINARY PHASE 1. Attend preliminary conference with the City regarding the Project. 2. Perform preliminary baseline field survey to determine alignment and overall slope. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. 4. When a written report is prepared, furnish the City ten (10) copies of the preliminary report, including preliminary layouts, sketches and cost estimates. B. DESIGN PHASE 1. Establish the scope, and advise the City, 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 City 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 City, in which case compensation shall be determined by the applicable portions of Section VI A). 2. Furnish to the City, 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 design surveys to collect information which in the opinion of the Engineer, is required in the design of the Project. 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 City. 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. engcontrc.wpd/spectw 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. Furnish the City all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of twenty -five (25) are to be paid for separately. Additional sets will be paid for in accordance with Attachment E - Hourly Rate Schedule. 7. Provide information on utilities to be relocated in connection with the project. The City will provide excavation to determine location and depth 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. 9. Provide easement and right -of -way descriptions to the City 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 E - Hourly Rate Schedule. 10. Provide field note descriptions to the City for any site(s) that is required for City to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by City, barring unforeseen and unusual difficulties associated with the property. These services will be paid for in accordance with Attachment E - Hourly Rate Schedule. C. BIDDING PHA E 1. Assist the City in the advertisement of the Project for bids. 2. Assist the City in the opening and tabulating of bids for construction of the Project, and recommend to the City as to the proper action on all proposals received. D. CONTRACT PHASE 1. Assist in the preparation of formal Contract Documents for the contracts. engcontrc.wpd/spectw Provide a letter for the City's 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. E. CONSTRUCTION PHASE 1. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative described in Subparagraph 3 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 City informed of the extent of the progress of the work, and advise the City 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 City, exercise whatever rights the City may have to disapprove work and materials as failing to conform to the Contract Documents. 2. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 3. If specifically authorized by the City in writing, furnish the services of resident Project Representatives, and other field personnel for continuous on- the -site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; if provided, compensation shall be determined under Article 9) The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contractors, and since it is the contractors' responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the contractors' failure to do so, and, so long as Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on -the -site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors of liability therefore or subject the Engineer to any liability for any such defect or deficiencies. 4. 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 en gcontrc.wpd/spectw required by the Contract Documents. 5. Review monthly and final estimates for payments to contractors, and furnish to the City any necessary certifications as to payments to contractors and suppliers in a form acceptable to the City. 6. Conduct, in company with the City, 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. 7. Revise contract drawings, with the assistance of the resident Project Representatives, or the City's 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 City. engconnc.wpd/spectw engwntre.wpd/specnv ATTACHMENT C WORK SCHEDULE Preliminary Phase October 13, 1997 to October 22, 1997 Design Phase October 22, 1997 to November 5, 1997 Review Phase November 5, 1997 to November 19, 1997 Bidding Phase November 20, 1997 to December 4, 1997 Contract Award December 5, 1997 to December 31, 1997 Construction Phase January 2, 1998 to May 1, 1998 engcontrc.wpd/spectw ATTACHMENT D FEE SCHEDULE Preliminary Phase $ 7,000.00 Design Phase 16,000.00 Review Phase 2,500.00 Bidding Phase 1,000.00 Contract Phase 500.00 Construction Phase 6 000.00 TOTAL $33,000.00 engcontrc.wpd/spectw ATTACHMENT E HOURLY RATE SCHEDULE Principal Engineer $ 95.00 Engineer 65.00 Field Representative 60.00 Designer 50.00 Technician 45.00 Clerical 40.00 Registered Public Land Surveyor 65.00 2 Man Survey Crew 70.00 3 Man Survey Crew 90.00 DATE:October 14, 1997 SUBJECT: City Council Meeting, October 23, 1997 ITEM: 10H. Consider a resolution authorizing the Mayor to execute an engineering agreement for the Mesa Ridge Drainage Improvements, Phase II. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The fourth high school is nearing construction. This high school tract borders a drainage ditch in Mesa Ridge which was included in the CIP. It is recommended that the drainage improvements be constructed simultaneously. Fisher Hagood is the Civil Engineering firm for the school project and staff recommends hiring them for the design of the channel.