R-99-02-21-11A6 - 2/21/1999RESOLUTION NO. R- 99- 02- 11 -11A6
WHEREAS, the City of Round Rock desires to retain engineering
services for the development of Well No. 9, and
WHEREAS, HDR Engineering Inc. has submitted a contract to
provide said services, and
WHEREAS, the City Council desires to enter into said contract
with HDR Engineering 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 HDR Engineering Inc., for the
development of Well No. 9, 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 llth day of February, 1999.
ATTEST:
i ■/ /L/
, City Secretary
K: \WPDOCS \AESOLVTI \690211A6. WPD /scg
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
HDR Engineering Inc. having its principal business address at Suite 300, 2211 South IH 35, Austin,
TX 78741, hereinafter called "Engineer" for the purpose of contracting for Engineering services.
WITNESSETH
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:
Engineer shall provide design, bidding, and construction phase services for the following: The
scope of work includes refurbishing of City of Round Rock Well Number 9 located on Chisholm
Trail Road. The improvements encompass in general, the addition of chlorination and ammonia
feed facilities located in a new building. Piping, valve, and meter replacement as required and the
complete replacement and upgrade of electrical and instrumentation systems to place Well Number
9 back into productive potable water service. The design improvements will allow remote
monitored and control of Well Number 9 from the City of Round Rock Water Treatment Plant.
AGREEMENT
Page 1 of 13
Contract No.
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.
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 and Fee
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,
the City through a supplemental agreement will authorize additional contract time 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 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 shall receive the compensation hereinafter set forth, for
the Design, Bidding and Construction Phases of the work and for Special Assignments and
Services not included in these phases.
A. DESIGN PHASE
ARTICLE 4
COMPENSATION
Payment for services in the Design Phase shall be on the basis of Lump Sum in the
amount of Twenty Thousand Two Hundred Dollars ($20,200).
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Final payment for services authorized in the Design Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
B. BIDDING PHASE
Payment for services in the Bidding Phase shall be made to the Engineer on a
reimbursable, per diem basis in the amount not to exceed Two Thousand Five Hundred Dollars
($2,500.00). The services, as authorized by the City, shall be reimbursed based upon Direct
Salary Cost ($ per hour) times an overhead factor of 3.33. All direct non -labor expenses will be
billed at the invoice cost plus ten percent (10 %) service charge. (Note: Billing rates are revised
each January to reflect salary increases.)
Final payment for services authorized in the Bidding Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to the Engineer on a
reimbursable, per diem basis in the amount not to exceed Seven Thousand Two Hundred Dollars
($7,200.00). The services, as authorized by the City, shall be reimbursed based upon Direct
Salary Cost ($ per hour) times an overhead factor of 3.33 for the Engineer. All direct non -labor
expenses will be billed at the invoice cost plus ten percent (10 %) service charge. (Note: Billing
rates are revised each January to reflect salary increases.)
The total Construction Phase fee is based on a construction period not exceeding 4 months.
Final payment for services authorized in the Construction Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE
PERCENTAGE CHARGES
The charges above described in the Design, Bidding, and Construction Phases shall
provide compensation to the Engineer for all services called for under this Agreement to be
performed by him, or under his direction, except the services set forth below. These excluded
services and Special Assignments, and the compensation to be paid by the City to the Engineer
for their performance, as required, are as follows:
The services, as authorized by the City, shall be reimbursed based upon Direct Salary
Cost ($ per hour) times an overhead factor of 3.33 for the Engineer. All direct non -labor
expenses will be billed at the invoice cost plus ten percent (1 0%) service charge. (Note: Billing
rates are revised each January to reflect salary increases.)
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1. Services for Construction Layout Surveys (Construction Staking).
2. Preparation of property or easement descriptions.
3. Assistance to the City as an expert witness in any litigation with third parties, arising
from the development or construction of the Project.
Basis of Compensation: $150.00 per hour in which City requires Engineer's presence or
his representative.
The Contract total fees without modification of the Contract are Twenty Nine Thousand
Nine Hundred Dollars $29,900.00 as shown in Attachment C - Work and Fee Schedule. The
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.
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. Payment
of the lump sum fee will be in proportion to the percent completion of the work tasks identified in
Attachment D - 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.
ARTICLE 6
NOTICE TO PROCEED
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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
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. Both parties may waive the thirty-day notice in writing. 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. Both parties may waive the sixty-day notice in writing.
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.
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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 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
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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 famished the City under this Contract. Release of information shall be in
conformance with the Texas Open Records Act.
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.
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 or USDOT representatives in the
performance of their duties.
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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 usable to the
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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.
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 City will determine the Engineer's responsibility for all questions arising from
design errors and/or omissions. 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.
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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.
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 E.
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.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
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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 B 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.
ARTICLE 31
PRIOR CONTRACT SUPERSEDED
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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.
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
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:
HDR Engineering Inc.
Attn.: James K. Haney P.E.
Suite 300
2211 South IH 35
Austin, TX 78738
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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 City 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.
THE Engineer
By:
Date:
City of
By:
es K. Haney P.E.
Executive Vice President
dRek
Charles Culpeppe , ayor
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 and Fee Schedule
Attachment D - Schedule
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ATTACHMENT A
SERVICES TO BE PROVIDED BY THE City
The City of Round Rock shall furnish to the Engineer the following items, information, and
assistance:
1. Provide land access the Well Number 9 pump station site.
2. Provide all necessary easements and land available for the construction of the proposed
improvements.
3. Provide as- built/construction drawings of existing water system improvements as
requested by Engineer.
4. Provide bidding assistance for the direct City purchase of prefabricated building(s),
chlorination, ammonia feed, and monitoring equipment.
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ATTACHMENT B
SERVICES TO BE PROVIDED BY THE Engineer
A. DESIGN PHASE
1. 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). The Engineer shall also assist the City in obtaining
approval of the aforementioned routine permit applications from local, state, and federal
authorities.
2. Perform field surveys to collect information which in the opinion of the Engineer, is required
in the design of the Project. Construction staking for the Construction Improvements is not
included in the Basic Charge.
3. 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
agencies for approval.
4. The specifications will be prepared in conformance with the sixteen division format of the
Construction Specification Institute and will be based upon Engineer's master specifications,
General Conditions and other Contract Documents.
5. Prepare for review and approval by City, its legal counsel and other advisors, contract
agreement forms, general and supplementary conditions of the construction contract,
proposal form, invitations to bid and instruction to bidders.
6. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's
best judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither Engineer nor the City has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, Engineer cannot and
does not warrant or represent that bids or negotiated prices will not vary from the City's
Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to
by Engineer.
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7. Furnish the City all necessary copies of approved plans, specifications, notices to bidders,
and proposals.
8. 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.
BIDDING PHASE
I. Assist City in advertising for and obtaining proposals or negotiating proposals for each
separate prime contract for construction, materials, equipment and services to be performed
by a contractor for the project (hereinafter called "Work "); and, where applicable, maintain a
record of prospective bidders to whom Contract Documents have been issued, attend pre -bid
conferences and receive and process deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment
proposed by potential contractor(s) when substitution prior to the award of contracts is
allowed by the Contract Documents.
4. Attend the bid opening and prepare bid tabulation sheets. Assist City in evaluating bids or
proposals and in assembling and awarding contracts for construction, materials, equipment
and services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the Engineer's General
Conditions and Supplementary General Conditions of the Contract for Construction included
in the Contract Documents for the project. The extent and limitations of the duties,
responsibilities and City of Engineer as assigned in said Contract Documents shall not be
modified, except as Engineer may otherwise agree in writing. City shall issue all instructions
to the contractor performing the Work (hereinafter called "Contractor ") except as otherwise
provided in writing.
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 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
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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.
3. Make recommendations to City concerning the disapproval or rejection of Contractors' Work
while it is in progress if Engineer believes that such Work will not produce a completed
project that conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the project as reflected in the Contract Documents.
Engineer shall have access to the Work at all times wherever it is in preparation or progress.
4. Consult and advise with the City; issue all instructions to the contractor requested by the
City; and prepare routine change orders as required.
5. Evaluate and determine the acceptability of substitute materials and equipment proposed by
Contractor.
6. Make recommendations to City regarding the advisability of requiring special inspections or
testing of the Work and have City, for the purposes of this paragraph, to receive and review
all certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents.
7. Act as initial interpreter of the requirements of the Contract Documents, judge the
acceptability of the Work and make decisions on all claims of City and Contractor relating to
the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the contractor is required to submit, only for
conformance with the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
9. Determine the amount owing to Contractor based on Engineer's observations at the site and
the data comprising the Application for Payment, and recommend in writing payments to
Contractor in such amounts. Such recommendations of payment will constitute a
4
representation to City that the Work has progressed to the point indicated and that, to the best
of Engineer's knowledge, information and belief, the quality of the Work is in accordance
with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections of others, to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications expressed by
Engineer. The issuance of a recommendation will further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the issuance of a
recommendation for payment will not be a representation that the Engineer has (1) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2)
reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data
requested by the City to substantiate the Contractor's right to payment; or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously
paid on account of the Contract Price.
10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds,
certificates of inspection and tests and approvals of equipment which are to be provided by
Contractor in accordance with the Contract Documents. Determine that their content
complies with the requirements of the Contract Documents and transmit them to City with
written comments.
11. 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.
12. Revise contract drawings, with the assistance of the City's representative, to provide record
drawings of the completed Project. Furnish one set of reproducible mylar drawings,
electronic files, and two sets of prints of there revised drawings to the City.
13. Assist City in developing systems and procedures for control of the operation, maintenance
and record keeping for the project.
14. Compile, review and comment on operation, maintenance and staffing manuals, which will
be provided by Contractor in accordance with the Contract Documents.
15. Assist City in training City's staff to operate and maintain the project. The Engineer shall
provide technical support and professional advice regarding any unforeseen problems with
the operation and maintenance of the Project for a period of 1 year to the City.
5
Well Number 9
Design, Bidding, and Construction Administration Phases
TOTAL HDR ENGINEERING FEE
Estimate Construction Cost
COST COMPONENT, HOURS Totals Design Equip. Bidding Const. /Startup
(Lump Sum) (Per Diem) (Per Diem)
QPJQC 8 8 0 0
Principal 0 0 0 0
Project Manager 37 23.5 1 12
Civil Engineer 97 57 16 24
Structural Engineer 9 9 0 0
Electrical Engineer 37 25 0 12
Technician 74 66 0 8
Clerical 51 15 16 20
Total Hours 313 204 33 76
COST COMPONENT, DOLLARS
Appendix C
Totals Design Equip. Bidding Const. /Oper.
QA/QC $1,066 $1,066 $0 $0
Principal $0 $0 $0 $0
Project Manager $5,226 $3,365 5143 $1.718
Civil Engineer $7.752 $4,555 $1,279 $1.918
Structural Engineer $1.199 51,199 50 $0
Electrical Engineer $5,175 53,497 $0 51,678
Technician $4,928 $4,396 $0 $533
Clerical $2,208 $649 $693 $866
TOTAL LABOR COST 527,500 618,700 $2,100 $6,700
EXPENSES
Cadd, @ $15/hr $1,110 $990 90 $120
Phone, FAX $150 $50 $50 $50
Travel Expenses $300 $100 5100 $100
Prinling $650 $250 $200 $200
Subtotal $2,210 51,390 $350 $470
TOTAL EXPENSES w/ 10% MARKUP $2,400 $1,500 $400 $500
529,900 $20,200 52,500 $7,200
$90,000 10 5130,000
C -1
2/0/99
Well Number 9
Design, Bidding, and Construction Administration Phases
Design Phase Task
Shit Dwg. No. Drawing Title
Series 0000 - General Project Concept
1 OG01 Cover
2 OG02 Location Map, Sheet Index, and General Notes
3 0G04 General Legend
4 OG05 List of Abbreviations
Series 1000 - Well Number 9 Improvements
1C01 Piping Plan, Building Improvements Plan & Sections
6 1CO2 Chemical Piping Schematics and Details
7 1E01 Electrical Plan and Details
Series 2000 - Details
8 2C01 Civil and Piping Details
9 2CO2 Electrical Details
Drawing Labor Total
Specifications
Labor Hours per Specification Section:
Number of Sections:
Total Labor Hours for Specification:
Design Phase Total Hours
Equipment Bidding Phase Task
Task
Respond to Supplier Questions
Distribute Plans and Specifications
Evaluate Bids and Prepare Conforming Documents
Bidding Phase Labor Total
Construction and Startup Phase Task
Task
Shop Drawing Review, 15 submittals
FO's, CPR's, CO's, BFI's
Testing
As -Built Drawings
Construction and Startup Phase Labor Total
Appendix C
Labor Hours, Design Phase (LUMP SUM)
2SDC Principal P M 1r Nil Structural Electrical Technician Clerical
O 0 0 2 0 0 4 0
O 0 0 4 0 0 4 0
O 0 0 0 0 0 1 0
O 0 0 0 0 0 1 0
1 0 4 16 4 0 16 0
1 0 4 16 0 0 16 0
1 0 4 0 0 16 16 0
5
0.1 0 0.25 0.5
30 30 30 30
3 0 7.5 15
8
Labor Hours, Equipment Bidding Phase (PER DIEM)
0500 Pnndyal P M Crvil
O 0 0 4
0 0 0 4
O 0 1 8
O 0
Labor Hours, Construction and Startup Phases(PER DIEM)
0500 PnndZ
O 0
O 0
0 0
O 0
O 2 4
O 2 0
23.5 57
P M Civil
8 12
4 4
O 4
O 4
O 0 12 24
16 42 4
Structural Electrical
0 4
O 4
O 4
O 0
0 4 0
4 4 0
20 66 0
1 0.5
5 0 30
5 0 15
25 66 15
Structural Electrical Technioan Clerical
O 0 0 0
0 0 0 8
O 0 0 8
16 0 0 0 16
Technician Clerical
0 12
0 0
0 0
8 0
O 12 8 20
C -2 2/4/99
City of Round Rock
Well Number 9 Improvements
Project Completion Schedule
1999
Feb
1II�i1�,.
Mar
April
May
June
July
CD�illlllll�
Appendix D
Engineering Deisgn
City Direct Bid Packaged Chlorination and Ammonia Feed Equipment, Enclosures, and Instrumentation
Negotiate Change Order with Matous Construction, Inc. for Installation of Building, Piping, and Electrical
Construction
Start-up & Testing, Local Operation
Installation, Start-up & Testing of RTU and Remote Monitoring and Operation
Schedule.xls 2/4/99
DATE: February 5, 1999
SUBJECT: City Council Meeting - February 11, 1999
ITEM: 11.A.6. Consider resolution authorizing the Mayor to execute an
engineering agreement with HDR Engineering, Inc. for the
development of Well No. 9. The engineering agreement is for
$29,900.00. Staff Resource Person: Jim Nuse, Public Works
Director.
Mayor
Charles Culpepper
Mayor Pro-tem
Robert Stluka '
Connell Members
Earl M. Hairston
Rick Stewart
Earl Paltrier
Martha Chavez
Jimmy Joseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
February 16, 1999
HDR Engineering, Inc.
Attn: Mr. James K. Haney, P.E.
2211 South IH -35, Suite 300
Austin, Texas 78738
Dear Mr. Haney:
The Round Rock City Council approved Resolution No. R- 99- 02- 11 -11A6 at their
regularly scheduled meeting on February 11, 1999. This resolution approves the
contract for the development of Well No. 9.
Enclosed is a copy of the resolution and amendment for your files. If you
have any questions, please do not hesitate to contact me.
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512 - 218-7097
1- 800-735- 2989TDD 1- 800 - 735 -2988 Voice
www. ci.round -rock tx.us
221 East Main Street
Round Rock. Texas 78664
512 - 218 -5100
STATE OF TEXAS
COUNTY OF WILLIAMSON §
WITNESSETH
Contract No.
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
HDR Engineering Inc. having its principal business address at Suite 300, 2211 South IH 35, Austin,
TX 78741, hereinafter called "Engineer" for the purpose of contracting for Engineering services.
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:
Engineer shall provide design, bidding, and construction phase services for the following: The
scope of work includes refurbishing of City of Round Rock Well Number 9 located on Chisholm
Trail Road. The improvements encompass in general, the addition of chlorination and ammonia
feed facilities located in a new building. Piping, valve, and meter replacement as required and the
complete replacement and upgrade of electrical and instrumentation systems to place Well Number
9 back into productive potable water service. The design improvements will allow remote
monitored and control of Well Number 9 from the City of Round Rock Water Treatment Plant.
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 and Fee
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,
the City through a supplemental agreement will authorize additional contract time 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 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.
ARTICLE 4
COMPENSATION
The City shall pay and the Engineer shall receive the compensation hereinafter set forth, for
the Design, Bidding and Construction Phases of the work and for Special Assignments and
Services not included in these phases.
A. DESIGN PHASE
Payment for services in the Design Phase shall be on the basis of Lump Sum in the
amount of Twenty Thousand Two Hundred Dollars ($20,200).
Page 2of 13
Final payment for services authorized in the Design Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
B. BIDDING PHASE
Payment for services in the Bidding Phase shall be made to the Engineer on a
reimbursable, per diem basis in the amount not to exceed Two Thousand Five Hundred Dollars
($2,500.00). The services, as authorized by the City, shall be reimbursed based upon Direct
Salary Cost ($ per hour) times an overhead factor Of 3.33. All direct non -labor expenses will be
billed at the invoice cost plus ten percent (10 %) service charge. (Note: Billing rates are revised
each January to reflect salary increases.)
Final payment for services authorized in the Bidding Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to the Engineer on a
reimbursable, per diem basis in the amount not to exceed Seven Thousand Two Hundred Dollars
($7,200.00). The services, as authorized by the City, shall be reimbursed based upon Direct
Salary Cost ($ per hour) times an overhead factor of 3.33 for the Engineer. All direct non -labor
expenses will be billed at the invoice cost plus ten percent (10 %) service charge. (Note: Billing
rates are revised each January to reflect salary increases.)
The total Construction Phase fee is based on a construction period not exceeding 4 months.
Final payment for services authorized in the Construction Phase shall be due upon the
completion of these services and upon the City's acceptance, which shall be within thirty (30)
days after submission.
D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE
PERCENTAGE CHARGES
The charges above described in the Design, Bidding, and Construction Phases shall
provide compensation to the Engineer for all services called for under this Agreement to be
performed by him, or under his direction, except the services set forth below. These excluded
services and Special Assignments, and the compensation to be paid by the City to the Engineer
for their performance, as required, are as follows:
The services, as authorized by the City, shall be reimbursed based upon Direct Salary
Cost ($ per hour) times an overhead factor of 3.33 for the Engineer. All direct non -labor
expenses will be billed at the invoice cost plus ten percent (10 %) service charge. (Note: Billing
rates are revised each January to reflect salary increases.)
Page 3of 13
1. Services for Construction Layout Surveys (Construction Staking).
2. Preparation of property or easement descriptions.
3. Assistance to the City as an expert witness in any litigation with third parties, arising
from the development or construction of the Project.
Basis of Compensation: $150.00 per hour in which City requires Engineer's presence or
his representative.
The Contract total fees without modification of the Contract are Twenty Nine Thousand
Nine Hundred Dollars $29,900.00 as shown in Attachment C - Work and Fee Schedule. The
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.
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. Payment
of the lump sum fee will be in proportion to the percent completion of the work tasks identified in
Attachment D - 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.
ARTICLE 6
NOTICE TO PROCEED
Page 4of 13
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
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. Both parties may waive the thirty -day notice in writing. 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. Both parties may waive the sixty-day notice in writing.
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.
Page 5of 13
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 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
Page 6of 13
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.
ARTICLE 13
PERSONNEL, EQUIPMENT AND MATERIAL
The Engineer shall fumish 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.
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 or USDOT representatives in the
performance of their duties.
Page 7of 13
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 usable to the
Page 8of 13
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.
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 City will determine the Engineer's responsibility for all questions arising from
design errors and/or omissions. 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 9of 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.
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 E.
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.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
Page 1Oof 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.
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 B 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.
ARTICLE 31
PRIOR CONTRACT SUPERSEDED
Page 1 lof 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.
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:
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
HDR Engineering Inc.
Attn.: James K. Haney P.E.
Suite 300
2211 South IH 35
Austin, TX 78738
Page 12of 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 City 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.
THE Engineer
By:
J. es K. Haney P.E.
Executive Vice President
Date: c:)- //- 9
City of R�
By:
Charles Culpepper, ayor
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 and Fee Schedule
Attachment D - Schedule
Page 13of 13
ATTACHMENT A
SERVICES TO BE PROVIDED BY THE City
The City of Round Rock shall furnish to the Engineer the following items, information, and
assistance:
1. Provide land access the Well Number 9 pump station site.
2. Provide all necessary easements and land available for the construction of the proposed
improvements.
3. Provide as- built/construction drawings of existing water system improvements as
requested by Engineer.
4. Provide bidding assistance for the direct City purchase of prefabricated building(s),
chlorination, ammonia feed, and monitoring equipment.
ATTACHMENT B
SERVICES TO BE PROVIDED BY THE Engineer
A. DESIGN PHASE
1. 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). The Engineer shall also assist the City in obtaining
approval of the aforementioned routine permit applications from local, state, and federal
authorities.
2. Perform field surveys to collect information which in the opinion of the Engineer, is required
in the design of the Project. Construction staking for the Construction Improvements is not
included in the Basic Charge.
3. 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
agencies for approval.
4. The specifications will be prepared in conformance with the sixteen division format of the
Construction Specification Institute and will be based upon Engineer's master specifications,
General Conditions and other Contract Documents.
5. Prepare for review and approval by City, its legal counsel and other advisors, contract
agreement forms, general and supplementary conditions of the construction contract,
proposal form, invitations to bid and instruction to bidders.
6. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's
best judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither Engineer nor the City has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, Engineer cannot and
does not warrant or represent that bids or negotiated prices will not vary from the City's
Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to
by Engineer.
2
7. Fumish the City all necessary copies of approved plans, specifications, notices to bidders,
and proposals.
8. 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.
BIDDING PHASE
1. Assist City in advertising for and obtaining proposals or negotiating proposals for each
separate prime contract for construction, materials, equipment and services to be performed
by a contractor for the project (hereinafter called "Work"); and, where applicable, maintain a
record of prospective bidders to whom Contract Documents have been issued, attend pre -bid
conferences and receive and process deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment
proposed by potential contractor(s) when substitution prior to the award of contracts is
allowed by the Contract Documents.
4. Attend the bid opening and prepare bid tabulation sheets. Assist City in evaluating bids or
proposals and in assembling and awarding contracts for construction, materials, equipment
and services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the Engineer's General
Conditions and Supplementary General Conditions of the Contract for Construction included
in the Contract Documents for the project. The extent and limitations of the duties,
responsibilities and City of Engineer as assigned in said Contract Documents shall not be
modified, except as Engineer may otherwise agree in writing. City shall issue all instructions
to the contractor performing the Work (hereinafter called "Contractor ") except as otherwise
provided in writing.
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 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
3
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.
3. Make recommendations to City concerning the disapproval or rejection of Contractors' Work
while it is in progress if Engineer believes that such Work will not produce a completed
project that conforms generally to the Contract Documents or that it will prejudice the
integrity of the design concept of the project as reflected in the Contract Documents.
Engineer shall have access to the Work at all times wherever it is in preparation or progress.
4. Consult and advise with the City; issue all instructions to the contractor requested by the
City; and prepare routine change orders as required.
5. Evaluate and determine the acceptability of substitute materials and equipment proposed by
Contractor.
6. Make recommendations to City regarding the advisability of requiring special inspections or
testing of the Work and have City, for the purposes of this paragraph, to receive and review
all certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents to determine generally that their content
complies with the requirements of and the results certified indicate compliance with, the
Contract Documents.
7. Act as initial interpreter of the requirements of the Contract Documents, judge the
acceptability of the Work and make decisions on all claims of City and Contractor relating to
the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the contractor is required to submit, only for
conformance with the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
9. Determine the amount owing to Contractor based on Engineer's observations at the site and
the data comprising the Application for Payment, and recommend in writing payments to
Contractor in such amounts. Such recommendations of payment will constitute a
4
representation to City that the Work has progressed to the point indicated and that, to the best
of Engineers knowledge, information and belief, the quality of the Work is in accordance
with the Contract Documents. The foregoing representations are subject to an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion, to
results of subsequent tests and inspections of others, to minor deviations from the Contract
Documents correctable prior to completion and to specific qualifications expressed by
Engineer. The issuance of a recommendation will further constitute a representation that the
Contractor is entitled to payment in the amount certified. However, the issuance of a
recommendation for payment will not be a representation that the Engineer has (1) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2)
reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed
copies of requisitions received from Subcontractors and material suppliers and other data
requested by the City to substantiate the Contractor's right to payment; or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously
paid on account of the Contract Price.
10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds,
certificates of inspection and tests and approvals of equipment which are to be provided by
Contractor in accordance with the Contract Documents. Determine that their content
complies with the requirements of the Contract Documents and transmit them to City with
written comments.
11. 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.
12. Revise contract drawings, with the assistance of the City's representative, to provide record
drawings of the completed Project. Furnish one set of reproducible mylar drawings,
electronic files, and two sets of prints of there revised drawings to the City.
13. Assist City in developing systems and procedures for control of the operation, maintenance
and record keeping for the project.
14. Compile, review and comment on operation, maintenance and staffing manuals, which will
be provided by Contractor in accordance with the Contract Documents.
15. Assist City in training City's staff to operate and maintain the project. The Engineer shall
provide technical support and professional advice regarding any unforeseen problems with
the operation and maintenance of the Project for a period of 1 year to the City.
5
Well Number9
Design, Bidding, and Construction Administration Phases
Appendix C
COST COMPONENT, HOURS Totals Design Equip. Bidding Const /Startup
(Lump Sum) (Per Diem) (Per Diem)
QA/QC 8 8 0 0
Principal 0 0 0 0
Project Manager 37 23.5 1 12
Civil Engineer 97 57 16 24
Structural Engineer 9 9 0 0
Electrical Engineer 37 25 0 12
Technician 74 66 0 8
Clerical 51 15 16 20
Total Hours 313 204 33 76
COST COMPONENT, DOLLARS
Totals Design Equip. Bidding Const/Oper.
QA/QC $1,068 $1,066 $0 $0
Principal $0 $0 $0 $0
Project Manager $5,226 $3,365 $143 51.718
Civil Engineer $7,752 54,555 51,279 $1,916
Structural Engineer $1,199 $1,199 $0 $0
Electrical Engineer 55,175 $3,497 $0 $1,678
Technician $4.928 $4,396 $0 $533
Clerical $2.208 $649 $693 $866
TOTAL LABOR COST $27,500 518,700 52,100 56,700
EXPENSES
Cadd, @ $15 /hr $1,110 $990 $0 $120
Phone, FAX $150 $50 $50 $50
Travel Expenses $300 $100 $100 $100
Printing 0650 $250 $200 $200
Subtotal $2,210 $1,390 $350 $470
TOTAL EXPENSES wl 10% MARKUP 52,400 51,500 5400 5500
TOTAL HDR ENGINEERING FEE
Estimate Construction Cost
529,900 520,200 $2,500
$90,000 to $130,000
C -1
57,200
214/99
Well Number9
Design, Bidding, and Construction Administration Phases
Appendix C
Design Phase Task
Sht Dwg. No. Drawing Title Labor Hours, Design Phase (LUMP SUM)
Series 0000 - General Project Concept ou0c pri P M Civil Structural Eledrical Technician Clerical
1 OG01 Cover 0 0 0 2 0 0 4 0
2 0002 Location Map, Sheet Index. and General Notes 0 0 0 4 0 0 4 0
3 OG04 General Legend 0 0 0 0 0 0 1 0
4 0G05 List of Abbreviations 0 0 0 0 0 0 1 0
Series 1000 - Well Number 9 Improvements
5 1C01 Piping Plan. Building Improvements Plan & Sections 1 4 16 4 0 16 0
6 1CO2 Chemical Piping Schematics and Details 1 4 16 0 0 16 0
7 1E01 Electrical Plan and Details 1 4 0 0 16 16 0
Series 2000 - Details
8 2C01 Civil and Piping Details 2 4 0 0 4 0
9 2CO2 Electrical Details 2 0 0 4 4 0
Drawing Labor Total 5 0 16 42 4 20 66 0
Specifications
Labor Hours per Specification Section: 0.1 0 0.25 0.5 1 0 0.5
Number of Sections: 30 30 30 30 5 0 30
Total Labor Hours for Specification: 3 0 7.5 15 5 0 15
Design Phase Total Hours
B B 23.5 57 9 25 66 15
Equipment Bidding Phase Task Labor Hours, Equipment Bidding Phase (PER DIEM)
Task 5100 Prlc PM Civil Sr aural Electrical Technician Clerical
Respond to Supplier Questions 0 0 0 4 0 0 0 0
Distribute Plans and Specifications 0 0 0 4 0 0 0 8
Evaluate Bids and Prepare Conforming Documents 0 0 1 8 0 0 0 8
Bidding Phase Labor Total
0 0 16 0 0 16
Construction and Startup Phase Task Labor Hours, Construction and Startup Phases(PER DIEM)
Task ONQC Pr.ici P M Civil Structural Electrical Technician Clerical
Shop Drawing Review, 15 submittals 0 0 8 12 0 4 0 12
FO's, CPR's, CO's, RFI's 0 0 4 4 0 4 0 8
Testing 0 0 0 4 0 4 0 0
As -Built Drawings 0 0 0 4 0 0 8 0
Construction and Startup Phase Labor Total 0 0 12 24 0 ' ' 12 20
C -2 2/4/99
City of Round Rock
Well Number 9 Improvements
Project Completion Schedule
Appendix D
Engineering Deisgn
City Direct Bid Packaged Chlorination and Ammonia Feed Equipment, Enclosures, and Instrumentation
Negotiate Change Order with Matous Construction, Inc. for Installation of Building, Piping, and Electrical
Construction
Start-up & Testing, Local Operation
Installation, Start -up & Testing of RTU and Remote Monitoring and Operation
Schedule.xls 2/4/99