R-99-10-14-13F1 - 10/14/1999Mayor
Robert A, Stluka, Jc
Mayor Pro -tem
Martha A. Choy.
Council Members
Tam Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett, Jr
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
December 21, 1999
Mr. James K. Haney, P.E.
HDR Engineering, Inc.
2211 South IH 35. Ste 300
Austin, TX 78738
Dear Mr, Haney:
Sincerely,
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax: 512- 218 -7097
1 -800- 735 -2989 TDD 1- 800 - 735 -2988 Voice
www. ci.round- rock.tx.us
221 East Main Street
Round Rock, Texas 78664
512- 218 -5400
The Round Rock City Council approved Resolution No. R- 99- 10- 14 -13F1 at
their regularly scheduled meeting on October 14, 1999. This resolution
approves a contract for the Lake Creek Pump Station Improvements project.
Enclosed is a copy of the resolution and original contract for your files. If you
have any questions, please do not hesitate to contact Jim Nuse at 218 -5555.
RESOLUTION NO. R- 99- 10- 14 -13F1
WHEREAS, the City of Round Rock desires to retain engineering
services for the Lake Creek Pump Station Improvements project, and
WHEREAS, HDR Engineering Inc. has submitted an agreement to
provide said services, and
WHEREAS, the City Council desires to enter into said agreement
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 Lake
Creek Pump Station Improvements project, a copy of said agreement 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 14th day of Oct
K:\ wP OOCS \RESOLUTI \R91O14R1.WP0 /scg
,1ivic(-
E LAND, City Secretary
1999.
RO ERT A. STLUKA, 0 ., Mayor
City of Round Rock, Texas
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 the design implementation of the recommended improvements described in
the Lake Creek Pump Station and Site Improvements Memorandum dated September 15, 1999.
The system improvements to the Lake Creek well site and pump station are based on the need to
replace and upgrade the vertical turbine pumps to deliver treated water directly to PP924. The
electrical feed to the facility will be consolidated into a single service. Additionally, all pump
starters and controls will be located in a single electrical building, which will simplify operations
and maintenance. The existing fluoridation system is in poor shape and the bulk storage
containment structure shows structural problems. A new fluoride storage tank, containment area
and chemical feed system inside a small prefabricated building is also recommended as part of
this project.
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
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The City will fumish 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.
A. DESIGN PHASE
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.
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Payment for services in the Design Phase shall be on the basis of Lump Sum in the
amount of One Hundred Eight Thousand Sixty Dollars ($108,060.00). This fee shall include a
Lump Sum fee of Ten Thousand Dollars ($10,000.00) for subconsultant Baker - Aicklen &
Associates, Inc. and a Lump Sum fee of Two Thousand Five Hundred Dollars ($2,500.00) for
subconsultant Fugro McClelland (Southwest), Inc.
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 Fourteen Thousand Thirty Dollars
($14,030.00). The services, as authorized by the City, shall be reimbursed based upon Direct
Salary Cost ($ per hour) times an overhead factor of 3.3. 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 Forty Five Thousand One Hundred
Ninety Dollars ($45,190.00). This shall include a reimbursable, per diem fee not to exceed Three
Thousand Five Hundred Dollars ($3,500.00) for subconsultant Fugro McClelland (Southwest),
Inc. The services, as authorized by the City, shall be reimbursed based upon Direct Salary Cost
($ per hour) times an overhead factor of 3.3 for the Engineer and based upon the attached rate
schedules for the subconsultants. 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 12 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
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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 3.3 for the Engineer and based upon the attached
rate schedules for the subconsultants. 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.)
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 One Hundred Sixty Seven
Thousand Two Hundred Eighty Dollars $167,280.00 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
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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
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
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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.
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
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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 fumished 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 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.
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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.
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.
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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 detennining 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
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
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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.
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
Page l0 of 13
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
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
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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
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 78741
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.
THE Engineer
By:
ames K. Haney P.
Executive Vice President
Date: /V — l — I ! 1
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 13 of 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 to the 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.
1
ATTACHMENT B
SERVICES TO BE PROVIDED BY THE Engineer
A. DESIGN PHASE
0 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. A scope of work, fees, and performance schedule have
been developed and the work will be completed by Fugro McClelland (Southwest), Inc.
under a subconsultant agreement with the Engineer.
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. A scope of work, fees, and performance schedule has been
developed and Baker - Aiklen & Associates, Inc. will complete the work under a subconsultant
agreement with the Engineer. 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
based upon the Lake Creek Pump Station and Site Improvements Memorandum dated
September 15,1999 and the Opinion of Probable Construction Costs. 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
2
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.
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
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 of Engineer and City as assigned in said Contract Documents shall not be
modified, except as Engineer may otherwise agree in writing. City shall issue all instructions
3
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
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.
4
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
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 fmal 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 these 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, and maintenance manuals, which will be
provided by Contractor in accordance with the Contract Documents.
5
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.
6
ATTACHMENT C - WORK AND FEE SCHEDULE
CITY OF ROUND ROCK, WATER SYSTEM IMPROVEMENTS
DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION PHASE
Lake Creek Pump Station Improvements, Contract No. 5
COST COMPONENT, HOURS Totals Design Bidding Const. Adm.
Lump Sum Per Diem Per Diem
QA/QC 48 48 0 0
Principal 52 36 0 16
Project Manager 238 108 26 104
Civil Engineer 368 180 52 136
Arch /Structural Engineer 157 117 8 32
Electrical Engineer 236 164 8 64
Technician 295 247 16 32
Clerical 168 80 32 56
TOTAL LABOR HOURS 1561 979 142 440
COST COMPONENT, DOLLARS Totals Design Bidding Const. Adm.
Lump Sum Per Diem Per Diem
QA/QC $6,336 $6,336 $0 $0
Principal $10,639 $7,366 $0 $3,274
Project Manager $33,772 $15,325 $3,689 $14,758
Civil Engineer $29,146 $14,256 54,118 510,771
Arch/Structural Engineer $19,109 514,225 $977 $3,907
Electrical Engineer $23,315 $16,187 $792 $6,336
Technician $19,470 $16,302 $1,056 $2,112
Clerical $7,207 $3,432 $1,373 52.402
TOTAL LABOR COST 5149,000 $93,430 512,010 $43,560
Expenses
Cadd, @ $15 /hr $4,425 $3,705 $240 $480
Phone, travel, meals $1,100 5250 $100 $750
Printing 52,000 $250 $1,500 $250
Subtotal $7,525 $4,205 $1,840 51,480
TOTAL EXPENSES w! 10% MARKUP 58,280 $4,630 $2,020 $1,630
TOTAL HDR ENGINEERING FEE 5157,280 $98,060 514,030 $45,190
Subconsultants
Survey, Baker - Aiklen $10,000 $10,000 $0 $0
Geotechnical, Fugro $6,000 $Z500 $0 $3,500
GRAND TOTAL $167,280 $108,060 514,030 545,190
Estimated Construction Cost 51,133,750
Fee as % of Construction Cost 14.8% 9.5% 1.2% 4.0%
Ikcrk_engfee.ds 9/24/99
ATTACHMENT C - WORK AND FEE SCHEDULE
CITY OF ROUND ROCK, WATER SYSTEM IMPROVEMENTS
DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION PHASE
Lake Creek Pump Station Improvements, Contract No. 5
Dwg. No. Drawing Title Labor Hours, Design (Lump Sum)
Series 0000 - General Project Concept QNOC Princiaal P M C EgiTechnician e
ne r Arch/Eg E Engineer Technician Clerical
OG01 Cover/Title Sheet 1 1 1 2 4
OG02 Sheet Index, Location Map, and General Notes 1 1 1 2 4
OG03 List of Abbreviations and General Legend
OE01 Electrical - List of Abbreviations and Legend
0E02 Electrical - Process and Instrumentation Legend
Series 1000 - Lake Creek Pump Station Site Improvements 04/QC Pr P_rd a Fnaineer Arh /Str. E. Engineer Technician Clerical
1C01 Site Grading, Paving, Erosion Control 1 1 4 16 16
1CO2 Site Piping Plan and Details 1 1 4 16 16
1CO3 System PRV Site Plans 1 1 4 16 16
1P01 Vertical Turbine Pump Piping, Plan and Sections 1 1 4 16 16
1 P02 Piping Sections and Details 1 1 4 18 16
1P03 PRV Vault Plan, Sections, and Details 1 1 4 16 16
1PO4 Fluoride System Plan and Sections 1 1 4 18 18
1S01 MCC Building, Plan and Sections 1 1 4 24 16
1502 Fluoride System Slab and Containment Structure 1 1 4 24 16
1A01 MCC Building Elevations 1 1 4 24 16
1A02 MCC Building, Plan, Details, and Schedule 1 1 4 24 18
1E01 Electrical Site Plan - Demolition 1 1 4 16 4
1E02 Electrical Site Plan 1 1 4 18 4
1003 Existing MCC - Demolition 1 1 4 16 4
1E04 New MCC One -Line Diagram 1 1 4 24 4
1 E05 MCC Building - Power and Lighting Plan 1 1 4 16 4
1E06 Fluoride - Power and Lighting Plan 1 1 4 16 4
1E07 Process Schematics 1 1 4 16 4
1 E08 Process & Instrumentation Diagram - Overall Site 1 1 4 16 4
1E09 Process & Instrumentation Diagram - Fluoride System 1 1 4 16 4
Series 2000 - Standard Details OA/QC � P M C. Engineer Arch/Str_ E. Engineer Technician Clerical
2G01 General Details 1 1 1 8 4
2C01 Civil Details 1 1 1 8 4
2P01 Piping Details 1 1 1 8 4
2501 Structural Details 1 1 1 4 4
2A01 Architectural Details 1 1 1 4 4
2E01 Electrical Details 1 1 1 4 4
Drawings Total Hours 28 28 88 140 104 156 247
Specification
Specification Total Hours
Sections Required 80 80 80 40 25 15 0 80
Hours/Section 0.25 0.1 0.25 1 0.5 0.5 0 1
20 20 40 12.5 7.5 0 80
TOTAL HOURS DESIGN PHASE, Lump Sum 48 36 108 180 118.5 163.5 247 80
Labor Hours, Bidding Phase (PER DIEM)
Task OA/QC Enn�ci� al P M C. Engineer Arch/51r E. Engineer Technician Clerical
Attend PreBld Conference 4 4
Respond to Contractor Questions 8 16 4 4 4
Issue Addenda 4 16 4 4 4
Distribute Plans and Specifications 2 4 16
Attend Bid Opening 4 4
Evaluate Bids and Prepare Conforming Documents 4 8 16
TOTAL HOURS BIDDING PHASE, Per Diem 0 26 52 8 8 16 32
Ikcrk_engfee.xls 9/24/99
ATTACHMENT C - WORK AND FEE SCHEDULE
CITY OF ROUND ROCK, WATER SYSTEM IMPROVEMENTS
DESIGN, BIDDING, AND CONSTRUCTION ADMINISTRATION PHASE
Lake Creek Pump Station Improvements, Contract No. 5
Labor Hours, Construction Phase (PER DIEM)
Task QAIQC Prin psj P M C Engineer Arch 5 E Engineer Technician Clerical
Monthly Construction Meeting 8 48 48 8 8
Shop Drawing Review 16 40 16 16 40
FO's, CPR's, CO's. RFI's 4 16 24 8 16 8 16
Startup and Testing 4 16 16 16
As -Built Drawings 8 8 8 24
Ikcrk_engfee.xls
TOTAL HOURS CONST ADM PHASE, Per Diem 0 16 104 136 32 64 32 56
9124199
1999
2000
2001
Oct Nov
1(1111111 IF 11 11
Dec
111111111
Jan
IIIIIIIIIIIIIIIIIIIIIIIIIIII
Feb
Mar
Apr
May
Jun Jul
Aug
Sep
Oct
Nov
Dec
Jan Feb
ATTACHMENT D - SCHEDULE
City of Round Rock
Water System Improvements
Contract No. 5 Project Completion Schedule
Contract No. 5 - Lake Creek Pump Station & Site Improvements
11111111 1111111
Engineering Design
Bidding & Award
Construction / Demolition
Start-up & Testing
Ikcrk_engfee.xls 9/24/99
1
BAKER - AICKLEN
& ASSOCIATES, INC.
Engineers /Surveyors
September 16, 1999 Proposal No: 99 -7004
HDR Engineering, Inc.
2211 South EH 35
Suite 300
Forum Park
Austin, Texas 78741
Attn: James A. Yurczyk, Jr. P.E.
Re: City of Round Rock
Water Distribution System Improvements
@ Lake Creek Well Field
Dear Mr. Yurczyk:
We are pleased to submit our proposal for services related to the above referenced
project. Basically, we propose to provide site topographic and boundary survey of Lake
Creek Well Field. Below is a specific list of our proposed Scope of Services and Basis of
Compensation for this site.
Scope of Services
1) Attend initial meeting with HDR Engineering project manager to discuss overall
project specifics. Additionally, during the duration of the assignment, meet with
project manager, City of Round Rock representatives, landowners and other
involved parties as necessary to assure proper coordination regarding surveying
services.
2) Perform boundary survey and review existing easements, ownership documents.
Furnish findings to City of Round Rock and HDR Engineering. Baker - Aicklen &
Assoc., Inc shall order title report.
3) Provide survey crew to obtain field data sufficient to produce base maps for site,
depicting significant topographic features including contour lines, visible
structures, fences, valves, above ground piping, hardwood trees 8- inches and
larger in diameter (DBH), with tag # and species, above ground utilities, and other
urban features pertinent to design. Field Data shall not include any work related
to as -built information inside the well house, or any other above ground walk -in
structures.
203 E. Main St., Site 201 • Round Rock, Texas 76664 • 512/244 -9620 • FAX 512/244 -9623
Mr. Jim Yurczyk
HDR Engineering, Inc.
September 17, 1999
Project No 99 -7004
Page 2
4) Furnish global positioning system (GPS) survey personnel and equipment to
establish state plane grid coordinates and surface conversion factors (Texas
Central Zone) and set a bench mark with orthometric height elevation datum
originating from City of Round Rock GPS Control network, This point shall be
placed in a location compatible with future construction as to be preserved for
future use beyond initial construction.
5) Provide survey crew to stake and obtain field data sufficient to indicate where
geotechnical investigation boring logs will be taken or have been taken depending
on scheduling of work. This work shall be coordinated between surveyor, project
manager, HDR Engineering personnel, and the site owner
6) Process field data within the AutoCAD Version 14 environment, using
specialized software, to develop base maps containing information obtained by
field survey as detailed by Items No. 2 -5, providing both an electronic and a
reproducible mylar of the processed data for each site and route survey
7) Provide technical staff and survey crew to coordinate with the various utility
companies in order to determine the horizontal locations of the respective
markings underground utility within the project limits, providing HDR
Engineering with such information when obtained. Due to time factors related to
the utility company locators and field ties to such marking and possible potholing
coordination, the underground information may be furnished subsequent to
delivery of the initial electronic /mylar product
Basis of Compensation
We propose to provide the above services of $10,000.00 (Exclusive any applicable
taxes.)
The amounts proposed above are based upon personnel time and direct costs required to
perform the described Scope of Services. Additional time requirements resulting from
project scope changes or plan revisions beyond our control will be considered reasonable
cause for us to seek additional compensation for services not included in these amounts.
Such services may be compensated for an hourly charge basis or at a mutually agreed -to
lump sum and will not be provided without prior authorization. Some of the services
listed will be subject to sales tax, which is mandated by state law on certain types of
surveys (easement and boundary services). Firm's liability is limited to the amount of
compensation limited to a maximum of $50,000.
Mr. Jim Yurczyk
HDR Engineering, Inc.
September 17, 1999
Sincerely,
Shane Shafer, R.P. .S.
SSS /pd
Enc.
C:/99SurveyProp/99 -7004
Project No.: 99 -7004
Page 3
If this faxed proposal is acceptable, please endorse the agreement and fax it back. We
will be mailing you the two original copies upon receipt of the faxed proposal. We are
prepared to commence work immediately upon authorization.
PROFESSIONAL SERVICES AGREEMENT
HDR Engineering Ire., as CLIENT engages Baker- Aidclen & Associates, Inc. as SURVEYOR to perform professional services for the assignment described as follows:
Surveying services for C.O.RR, Water Distribution Improvements @ Lake Creek Well Field. See attached letter proposal No. 99 -7004 dated September 16, 1999.
L SERVICES: SURVEYOR agrees to perform Basic Services and Additional Services in conformance with the following descriptions, definitions, terms and condiitions.
A BASIC SERVICES:
See attached later proposal No. 99 -7004 dated September 16,1999.
B. SPECIAL SERVICES: All work performed by SURVEYOR which is ethor described in this paragraph or not included in the Basic Services defined above, shall
constitute Special Services. These shall include:
1. Travel and subsistence to points other than SURVEYORS or CLIENT'S offices and project site.
2. Copies of final reports, studies, drawings and other data in excess of one (1) set
1 Revisions to approved reports, Audies, drawings and other data.
4. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Surveying practice.
H. COMPENSATION: CLIENT agrees to pay SURVEYOR for above described services in accordance with the following descriptions, definitions, terms and conditions.
A. BASIC SERVICES: Compensation will be on a lump sum basis of 110,000.00 (Exclusive any applicable taxes.)
R ADDITIONAL SERVICES: SURVEYOR'S compensation will be on an hourly-charge basis for personal services (defmd below) plus Reimbursable Expanses
(defend below):
L HOURLY CHARGE: Hotly carges are to be based on the current Standard Rate Schedule effective at the time of billing The current Standard Rate
Schedule effective August 1, 1998, is attached.
2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and subsistence, cost of SURVEYOR'S field
office, reproduction, subcontracts and similar items. Suds expenses shall be reimbur d at the following rates:
a. Transportation by SURVEYOR'S vehicles: at SURVEYOR'S standard rates if destination exceeds a 50 -mile radius of SURVEYOR'S office.
b. Reproduction performed in SURVEYOR'S office: at prevailing commercial rates.
C. All others: actual cost to SURVEYOR plus 10°% service charge.
III. PAYMENTS: SURVEYOR will invoice CLIENT semi - monthly in amounts based on SURVEYOR'S estimate of the portion of the Basic Services completed, plus charges
for Special Services performed CLIENT agrees to promptly pay SURVEYOR at his office in Travis County, Texas, the full amount of each such invoice upon receipt. A
charge of 1.5% per month may be added to the unpaid balance of invoices not paid within 30 days after date of invoice. If the invoice is not paid within 60 days,
SURVEYOR may, withomwaiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the services. Retainers
shall be credited on the fmal invoice.
IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, CAD files, estimates, specifications, field noes and data are and shall remain the property
of SURVEYOR however, Client will be furnished, upon request duplicate copies of original drawings, CAD files and other documents, but agrees that he will use such
copies solely in correction with the project covered by this Agreement and for no other purpose.
V. INSURANCE, SURVEYOR agrees to maintain worker's compensation insurance to cover all of its own personnel engaged m performing services for CLIENT under this
Agreement SURVEYOR also agrees to maintain public liability insurance covering claims against SURVEYOR for damages resulting from bodily injury, death or
property damage from acdde is arising in the course of services performed under this Agreement
VI. LIABILITY LIMITATION: SURVEYOR shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skill in performing the services for the
assignment covered by this Agreement In no event shall SURVEYOR'S liability exceed amount of the total compensation received by SURVEYOR under this
Agreement, limited to a maximum of 150,000.
VD. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the
CLIENT and the SURVEYOR agree that all dispmes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the
parties mutually agree otherwise The CLIENT and the SURVEYOR further agree to include a similar mediation provision in all agreements with independent contractors
and comer/tams retained for the project and to require all independent contractors and consutaots also to include a similar mediation provision in all agreements with
subcontractors, subcansultams, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to
those agreements.
VIII. TERMINATION:
A CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of SURVEYOR'S services ether by
CLIENT or by SURVEYOR, upon seven days written notice to the other at the address of record Termination shall release each party from all obligations of this
Agreement, except as specified m paragraph VIII.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by ether CLIENT or SURVEYOR CLIENT shall pay SURVEYOR with respect to Basic
Surveying Services which have been completed an amount fixed by applying the rate specified for Special Services in paragraph II. B to all Basic Services
performed to the date of termination, plus an amour fixed by applying the rate specified in paragraph H. B to art- Additional Services performed to date of
termination (including all Reimbursable Expenses incurred).
IX SUCCESSORS AND ASSIGNS: CLIENT and SURVEYOR earls binds himself; and his partners, successors, executors, administrators and assigns to the other party of
this Agreement and to partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement Neither CLIENT nor
SURVEYOR shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights
or benefits hereunder to anyone other than CLIENT and SURVEYOR.
X SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and SURVEYOR, except as additionally stated below:
Attached later proposal No.99 -7004 dated September 16, 1999 forms a part of this agreement, as well as attached Standard Rate Schedule that may change without notice
in consideration of changes in price indices and pay scales applicableto the period when services are in fad being rendered
XI. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date tendered, it shall become invalid unless SURVEYOR extends the time in
writing
X I. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this Agreement on behalf of SURVEYOR other than one of its Officers, and
then only in writing signed by him.
B. R -•lf N &ASIAC.
BY: By: A Date: Date: Date: Ve0y
STANDARD RATE SCHEDULE
(Labor Rate Table 34)
Effective August 1, 1998, the following rates are recommended for work performed on an hourly-charge basis. Rates include
company overhead and profit for services accomplished during regular working hours.
DIRECT LABOR
OFFICE PERSONNEL SERVICES
Classification Rates
Project Engineer and Planner $100.00 per hour
Staff Engineer $85.00 per hour
Project Surveyor $80.00 per hour
Project Designer /Coordinator $70.00 per hour
Staff Surveyor/Engineering Assistant/GPS Processor 565.00 per hour
Senior Engineering/Surveying CAD Technician/Designer $55.00 per hour
Engineering/Surveying CAD Technician/Designer $50.00 per hour
CAD Draftsman/Field Representative $45.00 per hour
Secretary 545.00 per hour
Expert Witness/Testimony/Deposition Services Two Times Rates
Principal (as appropriate) $120.00 per hour
FIELD PARTY SERVICES Rates
1 -Man Field Party $65.00 per hour
2 -Man Field Party $90,00 per hour
3 -Man Field Party $110.00 per hour
4 -Man Field Party $130.00 per hour
GPS Field Unit with Operator (Note 5) $ 100.00 per hour
GPS Field Unit without Operator (Note 5) $60.00 per hour
DIRECT EXPENSES
Transportation:
By Finn's Passenger Vehicles (Note 1) $ 035 per mile
By Firm's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.35 per mile
Subsistence of out-of-city work $100.00 per day
Reproduction & Printing by Firm, Prevailing Com-
Survey Stakes, Lathes, Iron Rods mercial Rates Or
and other Direct Expense Cost, Plus 10%
Notes:
1. A mileage charge will be billed for projects exceeding a 50 -mile radius of the base office only.
2. Field Party rates include conventional equipment_ supplies and survey vehicles. Abnormal use of stakes, lathes, etc.,
used such as during the construction phase of a project will be charged as indicated
3. A ntinnnum of two (2) hours field party time charge will be made for show -up time and return to office, resulting
from inclement weather conditions, etc.
4. Field Party stand -by time will be charged for at the above - shown appropriate rates,
5. Rates apply to actual tine GPS units are in use. All other time will be charged as appropriate normal field party rates.
6. The fimi's professional liability is limited to the total amount of compensation associated with a specific project up to
a maximum of $50,000.
SEP 2 01999
Baker-Aicklen
I�� & Aaaoclatas,_ Inc.
FUGRO SOUTH, INC.
HDR Engineering, Inc.
2211 South II-1-35
Suite 300, Forum Park
Austin, Texas 78741
Attention: Mr. James A. Yurczyk, Jr., P.E.
Proposal for Geotechnical Investigation and
Construction Materials Engineering and Testing
City of Round Rock - Lake Creek Improvement Project
Round Rock, Texas
r ij 10'w. C.R.
1107 West Gibson
Austin, TX 78704
Tel : (512) 444 -3233
Fax: (512) 444 -3996
Proposal No. 1001 -2608
September 17, 1999
Fugro South, Inc. is pleased to submit this proposal for providing geotechnical engineering
services and construction materials engineering and testing for the above referenced project.
The project will consist of a new electrical/mechanical building with a footprint of 12 ft by 20 ft and
a 1,000 gallon chemical containment area. The containment area will be about 15 ft by 15 ft and
consist of reinforced concrete (slab and berms) with a fiberglass tank.
Geotechnical Investigation
The geotechnical investigation and report for the project will include field, laboratory and
engineering phases. The following sections of this proposal include the scope of our services in
three study phases, a cost estimate and an estimated schedule.
Field Investigation. Based on available geologic information, the site is underlain by
highly plastic and potentially expansive Del Rio Clay and/or limestone of the Buda Formation. As
requested, Fugro will drill two borings (one within the footprint of each structure). Each boring will
be drilled to a depth of 25 feet.
Laboratory Testing. Laboratory tests (natural water contents, Atterberg limits and partial
gradation analyses) will be performed to classify soil strata, evaluate plasticity and shrink/swell
potential. Unconfined compression tests will be conducted on selected intact soil and /or rock
specimens. Further, swell test will be performed if deemed necessary.
A member of the Fugro group of companies with offices throughout the world.
HDR Engineering, Inc. September 17, 1999
Mr. James A. Yurczyk, Jr., P.E. Page 2 of 4
Cost Estimate. Based on the scope of work outlined above and the attached Fee
Schedule G -198, the following cost is estimated for the study.
Field Investigation
Mobilization, Drilling and Backfilling of Boreholes $ 1,050.00
Laboratory Investigation $ 400.00
2. Boring location plan;
3. Recommended foundation type(s) and allowable bearing pressures, along with
settlement and /or heave estimates;
4. General foundation construction requirements;
5. Evaluation of groundwater conditions and its effect on construction and on the
performance of the structure; and
6. Recommendations for earthwork.
Four copies of the report will be submitted unless otherwise requested.
Technical Services
Logging, Laboratory Assignment, Drafting and Report Preparation $ 300.00
Engineering
Coordination, Analyses, Recommendations and Report $ 750.00
Total Cost Estimate $ 2,500.00
The above estimated fee is based on:
1. Boring locations are easily accessible with truck - mounted drilling equipment;
2. Boring locations will be staked or marked prior to our arrival on -site; and
3. Boring locations will be cleared of utilities prior to our arrival on -site.
GR0
mi
Engineering. Engineering analyses of the results of the field and laboratory data will be
made to develop recommendations for foundation design. The report will include the following:
1. General subsurface conditions, including boring logs with descriptions of strata,
summaries of laboratory test results, and water levels obtained at the time of drilling;
The estimated fee may be exceeded if site conditions are significantly different than
anticipated or changes in work are required or requested. However, the estimated fee will not be
HDR Engineering, Inc. September 17, 1999
Mr. James A. Yurczyk, Jr., P.E. Page 3 of 4
exceeded without the clients prior authorization. Required additions to the above scope of
services would be invoiced in accordance with the attached fee schedule.
Schedule. Weather and site conditions permitting, field operations can start within a week
after authorization to proceed. Borings will take one day to complete. Under normal
circumstances, laboratory testing and report preparation will take an additional three weeks to
complete.
Construction Materials Engineering and Testing
Project plans and specifications were not available for our review. This proposal is based
on our general knowledge of the proposed project. In this proposal we present a scope of
services and our fee schedule. Our services will be provided on a call out basis when requested
by the on -site project manager.
Scope of Services. Based upon our knowledge of the project and past experience on
similar projects, we present our proposed scope of services in the following paragraphs. It is
anticipated that the scope of services will consist of the following:
• Earthwork testing;
• Concrete reinforcing steel observation;
• Concrete testing; and
• Engineering Consultation.
For placement and compaction of fill, backfill, and natural subgrade, we will provide a soil
technician to perform required field density tests to monitor the contractor's compliance with
specifications. Laboratory tests will consist of Atterberg limits, gradation analyses and moisture
density relationships.
Observations of concrete reinforcement will be performed prior to each concrete
placement. Bar size, type and spacing will be examined for compliance with the approved
structural drawings.
Our duties for cast -in -place concrete monitoring will be slump testing, molding
compression test cylinders and concrete compression testing. Each batch of concrete will be
observed for slump at the point of placement, and one set of concrete cylinders will be cast at the
HDR Engineering, Inc. September 17, 1999
Mr. James A. Yurczyk, Jr., P.E. Page 4 of 4
specified frequency. It is anticipated that all concrete mix designs will be supplied by the
contractor to the structural engineer for approval.
Our field technician(s) will immediately report results of field observations directly to the
on -site job superintendent and owner's representative. We will assist the superintendent in
identification and correction of any noncompliances with project specifications. In no case will our
technician direct the contractor's operations, waive specifications, or make final acceptance of the
contractor's work.
Fee Schedule. Construction materials engineering and testing fees are included on Fee
Schedule CMT -199. Testing costs will vary depending on the construction schedule, project
sequencing, overlapping of work, number of times called out to the site to perform QA /QC tests,
weather, and other factors. Our services will be provided on a call -out as needed basis and will
be billed in accordance with the attached fee schedule. For budgeting purposes, our estimated
fee is about $3,500. The client will be responsible for securing the necessary inspections and
tests as required by the project plans and specifications.
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. Please call us if we can be of any additional assistance.
TCW(h \w1g \p \P2606)
Attachments
Fee Schedules G -198 and CMT -299
Sincerely,
FUGRO SOUTH_ INC.
9 oc.4
mas"C. Wesling, P.E.
Project Engineer
c iw
samimMNIoNim
Fee Schedule G -198
GRO
2. Laboratory Tests
2.1. Natural water content and soil classification $ 5.00 /each
2.2. Plastic and liquid limits $ 42.00 /each
2.3. Free swell test $ 75.00 /each
2.4. Pressure swell test $ 115.00 /each
FEES FOR GEOTECHNICAL ENGINEERING SERVICES
1. Field Investigation
1.1. Mobilization and demobilization, per mobilization
1.1.1. Drill truck, water truck, pickup, and crew $ 2.50 /mile
1.1.2. All-terrain drill rig, pickup, and crew $ 3.50 /mile
1.2. All-terrain vehicle with drill rig (additional charge) $ 300.00 /day
1.3. Drilling and Sampling
1.3.1 Drilling and sampling with 3 -inch, thin - walled tube
sampler, continuous to 10.0 ft, 5.0 -ft intervals thereafter $ 12.00 /foot
1.3.2 Continuous drilling and sampling with 3 -inch, thin - walled
tube sampler or split -spoon sampler for environmental
screening $ 24.00 /foot
1.4. Standard Penetration Tests $ 18.00 /each
1.5. TxDOT Cone Penetration Tests $ 23.00 /each
1.6. Rock coring, NX or Similar Core Barrel
1.6.1. Drilling in soft rock (Austin Chalk, Eagle Ford Shale, etc.) $ 19.50 /foot
1.6.2. Drilling in hard rock or cavitated rock (Edwards, Buda,
Glen Rose, Georgetown, and Walnut Formations) $ 22.00 /foot
1.7. Wash or auger borings drilled and logged from cuttings:
1.7.1. Soil $ 10.00 /foot
1.7.2. Rock $ 16.00 /foot
1.8. Casing of Boreholes $ 8.00 /foot
1.9. Hourly charges for boring layout, excessive time spent
gaining access to boring locations, backfilling boreholes,
cleaning up site, installing piezometers, and for other
reasons beyond our control $ 130.00 /hour
1.10. Rental of concrete core drilling equipment or
equipment to gain site access, or traffic control devices Cost + 15%
1.11. Materials for piezometers, grouting, etc. Cost + 15%
1.12. Surveying or other outside contractors Cost + 15%
1.13. Traffic control, per man $ 35.00 /hour
1.14. Per diem for out -of -town assignments, per man $ 65.00 /night
1.15 High - pressure steam cleaner $ 200.00 /day
1.16 OVA meter $ 250.00 /day
1.17 Steel drums for drill cuttings (delivered) $ 50.00 /each
1.18 Plugging boreholes with bentonite /concrete slurry $ 6.00 /foot
Fee Schedule G -198
MRO
3. Engineering and Technical Personnel
3.1. Senior Consultant/Project Principal $ 110.00 /hour
3.2. Senior Project Manager $ 100.00 /hour
3.3. Project Manager $ 90.00 /hour
3.4 Project Engineer $ 80.00 /hour
3.5 Project Geologist $ 65.00 /hour
3.6 Laboratory Manager $ 65.00 /hour
3.7. Graduate Engineer $ 60.00 /hour
3.8. Senior Engineering Technician $ 50.00 /hour
3.9. Technician and Draftsperson $ 40.00 /hour
3.10. Word Processor $ 37.50 /hour
2.5. Uniaxial pressure- strain test $ 50.00 /each
2.6. Sieve analysis (No. 4, 40, and 200 sieves) $ 40.00 /each
2.7. Percent material passing a single sieve $ 20.00 /each
2.8. Minus No. 200 sieve $ 30.00 /each
2.9. Hydrometer analysis $ 50.00 /each
2.10. Unit dry weight determination and natural water content $ 8.00 /each
2.11. Unconfined compression test, soil $ 30.00 /each
2.12. Unconfined compression test, rock $ 33.00 /each
2.13. Unconsolidated - undrained triaxial compression test $ 30.00 /each
2.14. Texas triaxial compression test on base material $ 125.00 /each
2.15. Standard Proctor (ASTM D -698) compaction test $ 135.00 /each
2.16. Modified Proctor (ASTM D -1577) compaction test $ 150.00 /each
2.17. TxDOT (TEX- 113 -E) compaction test $ 150.00 /each
2.18. Califomia Bearing Ratio (CBR) $ 175.00 /each
2.19. Consolidation test, 7 -load increments $ 150.00 /each
Additional load increments $ 20.00 /each
2.20. Permeability of sand $ 75.00 /each
2.21. Permeability of silt or clay $ 250.00 /each
2.22. Specific gravity $ 30.00 /each
2.23. Volumetric shrinkage $ 35.00 /each
2.24 Chemical and analytical testing by outside laboratory $ Cost + 15%
4. Report Reproduction and Miscellaneous
4.1. Xerox reproduction $ 0.15 /copy
4.2. Binding with plastic ring covers $ 5.00 /copy
4.3. Outside services, printing, reproduction, etc. Cost + 15%
4.4. Computer assistance Cost + 15%
4.5. Transportation $ 0.35 /mile
Rates for other tests and services quoted on request.
Fee Schedule CMT -299
FEES FOR CONSTRUCTION MATERIALS TESTING SERVICES
1. Field Technicians
1.1 Technician (NICET Level I or equivalent)
1.2 Senior Technician (NICET Level II
or equivalent)
1.3 Senior Supervising Technician (NICET
Level III or equivalent)
1.4 Certified Welding Inspector
2. Field Testing and Equipment
2.1 Transportation (Minimum $15.00 /trip)
2.2 Nuclear Density Tests (In addition to technician time)
2.3 Torque Wrench
2.4 Dye Penetrant & Magnetic Particle Supplies
2.5 Ultrasonic Testing Equipment
2.6 Asphalt Coring Equipment
2.7 Concrete Coring Equipment
Regular Time(
$34.00 /hr
$40.00 /hr
$55.00 /hr
2.7 Concrete Core Bit Charges
2.7.1 3 inch - diameter Core
2.7.2 4 inch - diameter Core
2.7.3 6 inch - diameter Core
(Other sizes quoted upon request)
3. Laboratory Testing - Soil
3.1 Natural Moisture Content
3.2 Atterberg Limits
3.3 Sieve Analysis - Soil (Nos. 4, 40, and 200)
3.4 Percent Passing No. 200 Sieve
3.5 Moisture Density Relationship (ASTM D 698)
3.6 Moisture Density Relationship (ASTM D 1557)
3.7 Moisture Density Relationship (TEX- 113 -E)
3.8 Moisture Density Relationship (TEX - 114 -E)
3.9 Texas Triaxial Compression Test on Base
Material (TEX -117 -E Part II)
3.10 Wet Ball Mill (TEX- 116 -E)
3.11 Permeability of Silt or Clay
3.12 Sample Remolding
3.13 Sample Preparation (Soils with P.I. > 25)
4. Laboratory Tests - Concrete and Cement
4.1 Concrete Mix Design
4.2 Aggregate Sieve Analysis
4.3 Specific Gravity of Aggregate
4.4 Absorption of Aggregate
4.5 Unit Weight of Aggregate
4.6 Concrete Cylinder Compressive Strength (ASTM D 39)
4.7 Beam Flexural Strength (ASTM C 78)
Overtime(
$ 41.00 /hr
$37.00 /hr $ 42.00/hr
$ 50.00 /hr
$ 60.00/hr
$ 0.35 /mile
$ 10.00 /test
No Charge
Cost + 15%
$ 15.00 /hr
$ 20.00 /hr
$ 20.00 /hr
+ bit charge
$ 2.00 /inch
$ 3.00 /inch
$ 5.00 /inch
$ 12.00 /ea
$ 45.00 /ea
$ 45.00 /ea
$ 40.00 /ea
$175.00/ea
$185.00/ea
$195.00 /ea
$195.00/ea
G
$150.00 /specimen
$150.00 /ea
$200.00 /ea
$ 35.00 /ea
$ 40.00 /sample
Quoted on Request
$ 50.00 /ea
$ 30.00 /ea
$ 25.00 /ea
$ 25.00 /ea
$ 15.00 /ea
$ 40.00 /ea
Fee Schedule CMT -299
4.8 Mortar Cube Compressive Strength (ASTM C109)
4.9 Grout Specimen Compressive Strength (ASTM C1019)
4.10 Concrete Masonry Unit Prism Strength (ASTM C140)
4.11 Concrete Masonry Unit Prism Strength (ASTM E447)
5. Laboratory Testing - Asphalt and Roofing
5.1 Mix Design (Hveem or Marshall Method)
5.2 Molding Test Specimens, Bulk Density, and Stability (3 per set)
5.3 Determine Maximum Theoretical Density
5.4 Flow Value
5.5 Swell Value
5.6 Stripping Test
5.7 Extraction (Percent of Bitumen and Aggregate gradation)
5.8 Bulk Specific Gravity of Asphalt Core
5.9 Roof Ballast Sieve Analysis
5.10 Oven Dried Moisture Content of Roofing Materials
5.11 Laboratory Density of Field Cut Fireproofing
6. Laboratory Testing - Structural Steel
Weld Procedure and Welder Qualification Testing Rates Quoted on Request
7. Blast Monitoring
7.1 Monitoring Technician
7.2 Monitoring Machine (Instantel DS 377)
8. Report Preparation
8.1 Word Processing
8.2 Drafting
8.3 Reproduction
8.4 Postage
9. Engineering Consultation
9.1 Senior Consultant or Project Principal
9.2 Project Manager
9.2 Project Engineer
9.3 Laboratory Manager
10. Outside Services
Rates for other services quoted on request
Notes: (1) Minimum call -out charge for technician and equipment or sample
pick -up is 2 hours. Charges are accrued portal to portal.
(2) Overtime rates are applicable to time worked in excess of 8 hours per
day, Monday through Friday; hours worked before 7:00 am and after
6:00 pm; and all hours worked on Saturdays, Sundays, and holidays.
$ 40.00 /ea
$ 15.00 /ea
$ 75.00/ea
$1 50.00 /ea
IG FRO
Quoted on Request
$ 80.00 /set
$ 40.00 /ea
$ 20.00 /ea
$ 90.00 /ea
$ 75.00 /ea
$165.00/ea
$ 25.00 /ea
$ 50.00 /ea
$ 25.00/ea
$ 25.00/ea
$ 55.00 /hr
Quoted on Request
$ 30.00 /hr
$ 40.00 /hr
$ 0.15 /copy
Cost
$110.00/hr
$ 95.00 /hr
$ 85.00 /hr
$ 65.00 /hr
Cost + 1 5%
TO DIST. ACCESS
SYSTEM 1 GATE
NEW FENCE
1
/ 1
PRV i0
VAULT u
NEW I �;
ELECTRICAL/ ig
MCC BUILDING
i!
(3) NEW FLOW
METER VAULT
HDR Engineering, Inc.
C
NEW PREFABRICATED
FLOURIDE BUILDING
SCALE: 1"=30*
0 10 20 30
(6) NEW 1100 GPM
BOOSTER PUMPS
City of Round Rock
Water System Improvements
PROPOSED LAKE CREEK SITE
Figure
0
SCALE: 1"=20'
10
TO PRESSURE /
PLANE 924'
20
FEET
1-arl
HDR Engineering, Inc.
\I
TO PRESSURE
PLANE 971'1 r'
I I
1
1 % i i
PROPOSED -
1.25 MG ELEVATED
STORAGE TANK
(TANK SHELL)
1
1 1
1,,/
PROPOSED / I I
ELEVATED / 1 I
TANK PEDESTAL 1
I @ I I
EXISTING TANK 1 I
AND SPILLWAY ti
TO BE DEMOLISHED' 1 1
/ 1 1
! 1 1
/ I I
/ 1 I
/ / I I
1 I
.J l
EXISTING PROPERTY . -J
LIMITS /FENCELINE ;
EXISTING PRESSURE
REDUCING VALVE
City of Round Rock
Water System Improvements
81 SOUTH ELEVATED TANK
Dote
Attachment No.
Existing Fadlltles shown In Red
Proposed Facilites shown in Blue
Demolished Facilites shown in Yellow
FR
HOR Eng!nesd g, Inc.
N
City of Round Rock
Water System Improvements
Scale • 1" equals 1000'
600 1000
0■ Feet
DATE: October 8, 1999
SUBJECT: City Council Meeting — October 14, 1999
ITEM: 13.F.1. Consider a resolution authorizing the Mayor to execute a
contract with HDR Engineering, Inc., for Lake Creek Pump
Station Improvements. The improvements described in this
contract are for the upgrade of pumps and electrical equipment at
the City's main well site in -order for water to be delivered to a
proposed elevated water tank, PP924, at the existing South 81
tank site. This proposed project evolved from the 1998/1999
Water System Improvement Contract awarded to HDR
Engineering in July of 1998. The original design report
recommended a new pump station and tank site to be developed
for PP890. However, the siting of a new tank and pump station
required a land acquisition effort and this process was not
proceeding well. The original design report sited the tank near the
southern area of Round Rock around Hester's Crossing. Because
of planned road improvements, availability of real estate and the
need for improvements at the main well site this new contract is
the best solution in -lieu of the original design scheme.
Additionally, the main well site will receive much needed changes
under this contract. The proposed engineering contract fee is
$167,280.00, which includes $16,000.00 for survey and
geotechnical services. There is no fee increase on changes to the
existing engineering contract. Staff Resource Person: Jim Nuse,
Public Works Director.