CM-09-10-217STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL CONTRACT NO. 2
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR Engineering, Inc. ("Engineer")
ADDRESS: 4401 West Gater Blvd., Suite 400, Austin, Texas 78745
PROJECT: RM 1431— 2 MG EIevated Water Storage Tank
This Supplemental Contract No. 2 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 27th day of September, 2007 for the RM 1431 — 2 MG Elevated
Water Storage Tank Project in the amount of $324,523.00; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on April 3, 2008 to
amend the scope of services and to increase the compensation by $10,000.00 to a total of
$334,523.00; and
WHEREAS, it has become necessary to amend the Contract to modify the provisions for the
scope of services and to increase the compensation by $11,910.00 to a total of $346,433.00; 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. Exhibit C, Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
II.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$11,910.00 the lump sure amount payable under the Contract for a total of $346,433.00, 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 #2 Rev.12/01/08
0199.4632; 00174214 84275
\VT05143ITK
1
CM -041 -Io -217
HDR ENGINEERING, INC.
B
Date
CITY OF ROUND ROCK
By:
l0-30-2009
Date
Jame5-4.1qu,P.E .
Supplemental Contract 42
0199.4632; 00174214
WT051431TK
2
APPROVED AS TO FORM:
St Phan L. Sheets, Cit k rney
Rev.12/01 /08
84275
ADDENDUM TO EXHIBIT B
Engineering Services
The following services are to be provided for the extended contract duration:
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. 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.
B-1
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, receive and review all
certificates of inspections, testing and approvals required by laws, rules, regulations,
ordinances, codes, orders or the Contract Documents to determine generally that their content
complies with the requirements of, and the results certified indicate compliance with, the
Contract Documents.
7. Act as initial interpreter of the requirements of the Contract Documents, judge the
acceptability of the Work and make decisions on all claims of City and Contractor relating to
the acceptability of the Work or the interpretation of the requirements of the Contract
Documents pertaining to the execution and progress of the Work. Engineer shall not be
liable for the results of any such interpretations or decisions rendered in good faith.
8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of
materials and equipment and other data which the contractor is required to submit, only for
conformance with the design concept of the Project and compliance with the information
given by the Contract Documents; and assemble written guarantees which are required by the
Contract Documents.
9. Determine the amount owing to Contractor based on Engineer's observations at the site and
the data comprising the Application for Payment, and recommend in writing payments to
Contractor in such amounts. Such recommendations of payment will constitute a
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.
B-2
11 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.
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 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.
13. Compile, review, and comment on operation and maintenance manuals, which will be
provided by Contractor in accordance with the Contract Documents.
14. 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
rnaintenance of the Project for a period of 1 year to the City.
WELDING AND COATING INSPECTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the progress
and quality of the executed work in accordance with the Contract Documents. In performing
these services, reasonable measures will be taken to protect the Owner/Engineer against
defects and deficiencies in the work of the Contractor. Responsibility for the actual
supervision of construction operations or for the safety measures that the contractor takes or
should take cannot be guaranteed.
2. HOT proposes to provide an AWS Certified Welding Inspector and NACE Certified Coating
Inspector on the referenced project for the City of Round Rock and HDR Engineering. The
B-3
objective of this project is to provide quality assurance surveillance of the erection, welding,
sandblasting, and painting during the construction of the referenced water tank. Inspection
and testing visits will be strategic and at the discretion of the Owner/Engineer. The services
to be provided will include the following:
3. Sandblasting and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre -surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
• Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
• Evaluating cleanliness between coats.
• Witness contractor conduct holiday testing of the inside coating system.
• Evaluate cure.
• Prepare a final inspection report to engineer and owner.
4. The inspection methods to be implemented for the sandblasting and coating inspections will
consist of visual inspections, mil gauging, holiday testing, profile gauging and atmospheric
measuring. All inspections will verify compliance with the AWWA D102-97 and contract
specifications. The measurement of air temperature, surface temperature, humidity, dew
point, coating thickness and holiday detection will be recorded in an inspectors logbook. The
equipment to obtain such measurements will be supplied by HOT.
5. WORK EXCLUDED: Work required for safely accessing the tank is not included in the
cost of this project. It will be the contractor's responsibility for providing safe access to all
areas of the tank for inspection and testing during the construction. OSHA approved staging
will be necessary for the complete access of the tank.
6. The cost for the above mentioned services is based on a $75.00 per hour fee and is estimated
for the remainder of the project. If re -inspections are necessary due to contractor
performance deficiencies and non-conformance issues during the construction phase, the
additional time will be documented and billed at the rate above.
B-4
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Addendum to Exhibit D
RM 1431 2MG Elevated Storage Tank
Budget Hours
Project Project Senior Project Admin. Task
Task Description Principal Manager Engineer Engineer Technician Assist. Cost/Fee
Hourly Rates $53.28 552.00 526.00 521.18
Construction
Meetings/Site Visit - November 6 1 5340.86
Correspondence and Coordination 12 2 5681.72
Administrative (monthly reports, files, billing, subcontract admin) 6 8 $489.12
Construction Administration
Pay Applications
3 Apps 3 1 $181.02
Submittal Review
Hours per Shop Drawing Review
1 Shop Drawing Submittals 1 0.5 $63.87
Hours per O&M Manual Review
7 O&M Manuals 8.4 2.1 3.5 5630.88
Hours per Misc, Or Resubmittal
3 Misc and Resubmittal Review (20%) 3 1 1,5 $243.61
Requests for Information and Field Orders
Hours per Response
3 Responses 3 1.5 0.75 $253.73
Inspection & Punch List - Substantial & Final 24 1 $1,330.72
Start-up Observation and Advice 4 2 5317.12
Record Drawings - 24 sheets 2 20 $626.55
Close-out Document Review 2 4 5191.28
Labor Totals
Total Direct Labor Cost
Overhead (175%)
Profit (12%)
Total Hours 0 74.4 0 7,6 20 22.25
$5,350.49
175% $9,363.35
12% $1,123.60
Total Labor Fee
Reimbursable Direct Costs
Postage & Delivery
Travel Expenses
Miscellaneous
Printing & Photocopying
Printing of Record Sets
515,837.44
5 $40.00 per month 5200.00
lump sum mileage 5140.00
5 $10.00 per month 550.00
5 50.10 per copy 100 copies/mn 550.00
4 Sets Lump Sum $250.00
Total Reimbursable Direct Costs
$690.00
SUBCONSULTANTS
HOT Inspection Services - Welding and Coatings - Additional Inspection 52,595.00
Total Subconsultants
52,595.00 I
Total Estimated Cost to Complete
519,122,44
Estimated Fee Remaining $7,212,44
Amended Fee Increase
511,910.00
D-2
DATE: October 28, 2009
SUBJECT: City Manager Approval — October 30, 2009
ITEM: Consider executing Supplemental Contract No. 2 with HDR, Engineering, Inc. for
the RM 1431-2MG Elevated Water Storage Tank.
Department:
Staff Person:
Justification:
Water and Wastewater Utilities
Michael D. Thane, P.E. - Director of Utilities
This Supplemental Contract is for additional quality control and construction administration
services required to complete the construction of the R.M. 1431 two -million gallon elevated
water storage tank. This work includes general contract administration (site visits, progress
meetings, etc.) along with welding and coating inspection. This additional work will be
completed over the next 90 days. This project is one of three projects the City is required to
complete according to the Emergency Water Supply Interlocal Agreement with Cedar Park.
Strategic Plan Relevance:
Goal 27.0 "Ensure there is an adequate, affordable and safe water supply."
Funding:
Cost: $11,910.00
Source of funds: Self -Financed Water Construction
Outside Resources: HDR Engineering, Inc.
Public Comment: N/A
Blue Sheet Format
Updated 01/20/04
5/12/2009
Request for City Council/City Manager Action
0 City Council p City Manager./
Submit completed form for all City Manager and City Council approvals
Department Name: Water & Wastewater Utilites
Contact Person: Chez Gordon 1 Kathy Michna
Project Mgr/Resource: Don Rundell
For }rtiSrii tsraikinkJ ONLY
Received: OCT 2 8 2009 1
Tag#: a ffl-09- 2.117
Original Documents Received: 1
Project Name: RM 1431- 2MG Elevated Water Storage Tank
ContractorNendor. HDR Engineering
Funding Source: sex-Financadwater construction
Project Coordinator Wheel Thane Additional funding Source:
Amount:
Account Number na
Assigned Attorney: Steve Sheets
City Council or City Manager Approval Date:
Agenda Wording
10/30/2009
11,910.00
Consider executing Supplemental Contract No. 2 with HDR Engineering, Inc. for the RM 1431-2MG Elevated Water Storage Tank
Finance Information
Is Funding Required? Yes O No
Initial Construction Contract
Construction Contract Amendment
O Change Order #
J1jChange in Quantity DUnforeseen Circumstances
ED Initial Professional Services Agreement
Q Supplemental Professional Service Agreement # 2
O Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Amount
11,910.00
FINANCE
WA Approved
El a Finance/CIP Date
El CD Finance/Acct Date
CICI Purchasing Date
00 Budget Date
APPROVALS
(to be completed ONLY by Finance)
Final Finance Approval Required
Approved
Finance Director Date
Once approvals have been obtained. please forward the RFA. blue sheet, backup information and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signature: Date:
Dept. Director Signature: 1")14.•.-- Date:
'City Attomey Signature: G,
Date:
City Manager Signature: w'/" ��r! Date:
in -30-09
10-30-C
Oily Attorney signature is required for all items.
REVISED 10/26/2009
5/12/2009
Request for City Council/City Manager Action
® City Council Eal City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Water & Wastewater Utilites
ForA
Received:
Tag #:
Original Documents Received:
Project Name: RM 1431 - 2MG Elevated Water Storage Tank
Contact Person: Chaz Gordon / Kathy Michna ContractorNendor: HDR Engineering
Project Mgr/Resource: Don Rundell
Funding Source: Self -Financed Water Construction
Project Coordinator: Michael Thane Additional funding Source:
Assigned Attorney: Steve Sheets Amount:
Account Number: na
City Council or City Manager Approval Date:
Agenda Wording
10/30/2009
11,910.00
Consider executing Supplemental Contract No. 2 with HDR Engineering, Inc. for the RM 1431-2MG Elevated Water Storage Tank
Finance Information
Is Funding Required? Yes n No
Initial Construction Contract
Construction Contract Amendment #
Change Order #
=Change in Quantity =Unforeseen Circumstances
Initial Professional Services Agreement
xx Supplemental Professional Service Agreement # 2
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased
Other (Please clearly identify action on lines below)
Amount
11,910.00
APPROVALS
(to be completed ONLY by Finance)
FINANCE Final Finance Approval Required
N/A Approved
CI
E
Finance/CIP B. Ramsey Date 10/28/2009
Finance/Acct E. Wilson Date 10/28/2009
Purchasing EE Bowden Date 10/28/2009
Budget P. Bryan Date 10/27/2009
Approved
x
Cheryl Delaney 10/28/2009
Finance Director Date
Once approvals have been obtained. please forward the RFA. blue sheet back up information and originals to City Secretary, Sara White.
ITEMS WILL NOT BE PLACED ON THE COUNCIL AGENDA WITHOUT FINANCE AND LEGAL APPROVAL PRIOR TO SUBMISSION.
Required for Submission of ALL Citv Council and City Manager Items
Project Mgr. Signature:
Dept. Director Signature:
*City Attorney Signature:
City Manager Signature:
Date:
Date:
Date:
Date:
*City Attorney signature is required for all items.
REVISED 10/28/2009
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PW/Utilities
Project Mgr/Resource: Don Rundell
[]Council Action:
ORDINANCE
Agenda Wording
Project Name: RM 1431 - 2 MG Elevated Water Storage Tank
ContractorNendor: HDR Engineering, Inc.
RESOLUTION
City Manager Approval
CMA Wording
Consider executed Supplemental Contract No. 2 with HDR Engineering, Inc. for the RM 1431 - 2 MG Elevated Water Storage
Tank.
Attorney Approval
Attorney
Notes/Comments
Date i(, ! o�
O:\wdox\SCCInts10199146321MiSC100174254.XLS
Updated 6/3/08