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CM-06-03-042STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: HDR Engineering, Inc. ("Engineer") ADDRESS: 4401 West Gate Blvd., Suite 400, Austin, TX 78745 PROJECT: East Water Transmission Line — Phase 3B-2 This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and HDR Engineering, Inc., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 1st day of December, 2005 for the East Water Transmission Line — Phase 3B-2 Project in the amount of $299,338.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $21,554.00 the lump sum amount payable under the Contract for a total of $320,892.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. Supplemental Contract hdr-eastwater3b2; WL12ETWLB2; 96894 1 CM --t'3- t7f 2 Rev.03/02/04 84275 HDR ENGINEERING, INC. By: Date CITY OF ROUND ROCK Supplemental Contract hdr-eastwater3b2; WLI2ETWLB2; 96894 2 A ' P ' OVED AST FORM: a Step an L. Sheets, City Attorney Rev.03/02/04 84275 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: DESIGN PHASE 1. Establish the scope, and advise the City, of any additional soil and foundation investigations or any special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project not included in the adjacent project titled "C.R. 122 16" East Water Transmission Line (Phase 3A.1)". 2. Establish the scope, probable cost of construction and advise the City, of any additional field surveys to collect information, which in the opinion of the Engineer, may be required for the proper execution of the Project not included in the existing drawings titled "Forest Creek Drive Expansion Project" dated May 1999. Construction staking of the pipe centerline will be the sole responsibility of the Construction Contractor to pay for and execute the required surveying services. 3. Approximately 1,100 linear feet of 12 -inch water line will be constructed. Plans will be prepared by adding the proposed work to the applicable drawings of the above mentioned plans in Item No. 2; and adding them to the project currently under design titled "East Transmission Line — Phase 3B-2". This work will be bid and constructed as part of the Phase 3B-2 project. 4. Coordinate with City of Round Rock on the placement of the proposed 12 -inch water line to be constructed within the existing Forest Creek Drive right-of-way. Prepare field notes and update as -built drawings of "Forest Creek Drive Expansion Project" plans as required including the currently known development activities inside the right-of-way. 5. Include provisions in the fitting layout and design to accommodate ease of future water line connections and/or pressure reducing valve installations. 6. Furnish to the City, where required by the circumstances of the assignment, the engineering and/or survey data necessary for applications for routine permits and/or acquisitions of easements including Private Property, TxDOT, Williamson County, state, and federal authorities. The Engineer shall also assist the City in obtaining approval of the aforementioned routine permit applications from TxDOT, local, state, and federal authorities. 7. Prepare specifications and contract drawings, for construction authorized by the City and submit to the applicable local and state agencies for approval. 8. 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. The General Conditions and other Contract Documents will be the City's standard documents with the revisions previously suggested by the Engineer and approved by the City. 9. 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, invitation to bid and instructions to bidders. 10. 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 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. 11. Furnish the City all necessary copies of review sets and final approved plans, specifications, notices to bidders, and proposals. Furnish two sets of half sized prints and two sets of full sized prints of signed and approved drawings, electronic files (AutoCAD 2000i on CD ROM) to the City. 12. 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 shall also 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 the 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 conference 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 and conduct the bid opening and prepare bid tabulation sheets. Evaluate bids or proposals; prepare bid tabulation sheets and letter recommending award of contract to the lowest and most qualified bidder 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 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 and responsibilities 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 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. Attend and conduct the monthly progress/coordination meeting with the city, contractor and others including review of the project schedule. 4. 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. 5. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 6. Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. 7. 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, 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Conduct, in company with the City, a preliminary and a final inspection of the Project for assessing conformance with the design concept and compliance with the Contract Documents, determining the substantial completion date for the Project, and recommending final payment to the contractor in writing. 13. Revise contract drawings, with the assistance of the City's representative, to provide record drawings of the completed Project. Furnish one set of reproducible drawings, electronic files (AutoCAD 2000i on CD ROM), and two sets of prints of the record drawings to the City. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day acceptance period will be corrected by the party delivering the electronic files. Engineer shall not be responsible to maintain documents stored in electronic media format after acceptance by the City. When transferring documents in electronic media format, Engineer makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by Engineer at the beginning of this Project. The City may make and retain copies of Documents for information and reference in connection with use on the Project by the City. Such Documents are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any such reuse or modification without written verification or adaptation by Engineer, as appropriate for the specific purpose intended, will be at the City's sole risk and without liability or legal exposure to Engineer or to Engineer's subconsultants. The City shall indemnify and hold harmless Engineer and Engineer's subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting there from. If there is a discrepancy between the electronic files and the hard copies, the hard copies will govern. 14. Compile, review, and comment on operation and maintenance manuals, which will be provided by Contractor in accordance with the Contract Documents. 15. Assist City staff during start-up of 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. ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: $16,633 I Sheet Sheet/Task Description SERIES 100 - Pipeline # 1C11 Plan & Profile - Forest Creek Drive (1"=20') # 1C12 Plan & Profile - Forest Creek Drive (1"=20') # 1C13 Pian & Profile - Forest Creek Drive (1"=20') PROJECT MANUAL Division 0 - Bidding Requirements & Conditions Division 15 - Mechanical MISCELLANEOUS TASKS Preliminary and Final Route Alignment Field confirmation visits Pre -advertisement field confirmation visit Project Administration LABOR TOTALS City of Round Rock East Water Transmission Line, Phase 3B-2 DESIGN DOCUMENTS PREPARATION 12 -inch Water Line on Forest Creek Drive Budget Hours Project Project Senior Project Admin. Principal Manager En ineer Engineer Technician Assistant 2 2 2 2 2 2 2 8 16 8 16 8 16 2 4 2 4 12 4 8 4 4 Task Fee $3,300 $3,300 $3,300 $900 $900 $1,900 $500 $1,000 TOTAL DIRECT LABOR FEE TOTAL LABOR FEE TOTAL HOURS 6 8 52 8 48 8 $15,100 REIMBURSABLE DIRECT COSTS Postage & Delivery Travel Expenses Miscellaneous Printing & Photocopying (Check Prints 11x17) Telephone Technology Charge: 3 Months 3 Months 3 Months 3 Months 130 hours t $4.10/hour $15,100 $50.00 per month lump sum mileage $50.00 per month $0.10 per copy $100.00 per month 500 copies/mn $150 $250 $150 $150 $300 $533 TOTAL REIMBURSABLE DIRECT COSTS $1,533 TOTAL DESIGN FEE Task Description BIDDING Administration 8 Weeks Est. Bid Duration 3 Phone Calls/Week Hours per Phone Call Phone Call Allowance Pre -Bid Meeting Correspondence Recommendation for Award LABOR TOTALS City of Round Rock East Water Transmission Line, Phase 3B-2 BIDDING AND CONSTRUCTION PHASE SERVICES 12 -inch Water Line on Forest Creek Drive Budget Hours Project Project Senior Project Admin. Principal Manager Engineer Engineer Technician Assist. 1 1 4 1 2 Task Fee $700 $0 $300 Bidding Expenses Postage & Delivery Travel Expenses Miscellaneous Printing & Photocopying Printing of Bid Sets Telephone Technology Charge: TOTAL BIDDING FEE 0 2 0 2 Months $25.00 per month lump sum mileage 2 Months $25.00 per month 2 Months $0.10 per copy 50 Sets $3.00 per set 2 Months $10.00 per month 9 hours @ $4.10/hour 5 0 500 copies/mn 2 $50 $0 $50 $0 $150 $20 $0 CONSTRUCTION Meetings/Site Visit: 36 Weeks Est. Project Duration Visit Time Allowance Pre -Construction Meeting Correspondence Hours per Week Project Correspondence Administrative (monthly reports, files, billing, subcontract admin) Construction Administration Pay Application: Hours per Contractor Payment Requests Submittal Review Hours per Shop Drawing Review 4 Shop Drawing Submittals Hours per O&M Manaul Review 1 O&M Manuals Hours per Misc. Or Resubmittal 1 Misc and Resubmittal Review (20%) Requests for Information and Field Orders Hours per Response 2 Responses Inspection - Preliminary & Final Start-up Observation and Advice Record Drawings - approx 28 sheets Close-out Document Review LABOR TOTALS 'TOTAL LABOR FEE TOTAL HOURS 2 2 2 4 2 1 1 4 1 2 4 4 4 $1,270 1 $200 $0 $400 $400 $0 $400 $200 $100 $100 $400 $100 $600 $0 0 0 0 26 4 8 REIMBURSABLE DIRECT COSTS Postage & Delivery Travel Expenses Miscellaneous Printing & Photocopying Printing of Record Sets Telephone Technology Charge: 'TOTAL REIMBURSABLE DIRECT COSTS 3 Months $25.00 per month lump sum mileage 3 Months $25.00 per month 3 Months $0.10 per copy 5 Sets $3.00 per set 3 Months $10.00 per month 38 hours @ $4.10/hour 500 copies/mn $2,900 I $75 $250 $75 $150 $15 $30 $156 'TOTAL CONSTRUCTION FEE $751 I $3,651 I DATE: March 4, 2006 SUBJECT: City Manager Approval - March 24, 2006 ITEM: Action authorizing the City Manager to execute Supplemental contract No. 1 with HDR Engineering, Inc. for the design of the East Water Transmission Line, Phase 36-2 Improvements. Department: Water and Wastewater Utility Staff Person: Tom Clark, Director of Utilities Justification: This Supplemental Contract is for the design of the "Forest Creek 12 inch Waterline" that will provide water to the Forest Creek area to correct high velocities in the existing 12" waterline in Forest Creek Drive caused by high demands in the area. Funding: Cost: $21,554.00 Source of funds: Utility Self -Financed Construction - Water Outside Resources: HDR Engineering, Inc. Background Information: This 12" water line was identified in the Water Distribution System Master Plan dated August 2004. The waterline will be designed and incorporated into the East Water Transmission Line, Phase 3B-2 Construction Plans. This water line project will be approximately 1,150 linear feet in length and will run down Forest Creek Drive from Red Bud Lane to St. Andrews Drive. Total estimated cost of the project is $187,942.00. Public Comment: N/A Request for City Council/City Manager Action 0 City Council City Manager Submit completed form for all City Manager and City Council approvals. For Administration Use ONLY REermAP,7 Department Name: Contact Person: Project Manager/Resource: Project Coordinator: Assigned Attomey: Blue Sheet wording WNVW UTILITY Latha Kumar/Tiffany Galley Don Rundell Council or City Manager Approval Date: Tag # 01, Original Documents Received: Project Name: East Water Transmission Line, Phase 3B-2 Improvements. Contractor/Vendor: HDR Engineering, Inc. Funding Source: Amount Account Number: March 24, 2004 UWitySeif-Financed Construction - Water $21,554.00 Action authorizing the City Manager to execute Supplemental Agreement No. 1 with HDR Engineering, Inc. for the design of the East Water Transmission Line, Phase 3B-2 Improvements. Finance Information Is Funding Required? D 0 Finance Approval 0Finance JFInance Purchasing Yes El No Initial Construction Contract Construction Contract Amendment # Change Order if Changs in Quantity Unflorsssen Clreumstanvsa Initial Professional Services Agreement Supplemental Professional Svcs. AI 9 1 Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount $21,554.00 Other (Please clearly identify action on lines below) Date Date Date ❑BudOet Date RReeauired for Submission of AL{,ibc • ..)/i . Manager It—msDept. Director Signature: .... Project Mgr. Signature: 4 ../ City Attorney Signature: `/, City Manager Signature: ; • . • is req I rod for all Mom Date: .7-15-06, Date: �J "'CC Date: a� c) Updated 2!18/08 Request for City Council/City Manager Action ED City Council City Manager For Administration Use ONLY Received: Tag # Submit completed form for all City Manager and City Council approvals. Original Documents Received: Department Name: w/wW UTILITY Contact Person: Latha Kumar/Tiffany Calley Project Manager/Resource: Don Rundell Project Coordinator: Assigned Attorney: Council or City Manager Approval Date: Blue Sheet Wording Project Name: East Water Transmission Line, Phase 3B-2 Improvements. ContractorNendor: HDR Engineering, Inc. Funding Source: Amount: Account Number: March 24, 2006 Utility Self -Financed Construction - Water $21,554.00 Action authorizing the City Manager to execute Supplemental Contract No. 1 with HDR Engineering, Inc. for the design of the East Water Transmission Line, Phase 3B-2 Improvements. Finance Information Is Funding Required? o Yes No Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Amount EIInitial Professional Services Agreement xx Supplemental Professional Svcs. A # 1 $21,554.00 EJPurchasing/Service Agreement Finance Approval Finance Finance EJPurchasing EJBudget Purchase Order Item(s) to be purchased: Other (Please clearly identify action on lines below) L. Olsen N/A E. Wilson N/A CYD Date 3/22/2006 Date 3/21/2006 Date Date 3/21/069 Required for Submission of ALL City Council and City Manager Items Project Mgr. Signature: Date: Dept. Director Signature: Date: City Attorney Signature*: K Date: City Manager Signature: Date: Legal Approval is required for all items. Updated 2/16/06