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R-03-12-18-8G1 - 12/18/20030 RESOLUTION NO. R -03-12-18-8G1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with HDR Engineering, Inc. for the South Creek Pressure Improvements Project, and WHEREAS, HDR Engineering, Inc. has submitted Supplemental Agreement No. 1 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 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 Supplemental Agreement No. 1 to the Agreement with HDR Engineering, Inc., a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 18th day of December, 2003. NY E L, Mayor Cit y yf Round Rock, AML CHRISTINE R.AMARTINEZ, City cretary @PF'Desktop\::ODMA/WORLDOX/Ot;WDOX/P.ESOLUTI/R32.218G1.WPD/SC Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES WITH HDR ENGINEERING, INC. FOR THE SOUTH CREEK PRESSURE IMPROVEMENTS PROJECT This Supplemental Agreement No. 1 to the Agreement 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 an Agreement for Engineering Services, hereinafter called the "Agreement", on the 20`l' day of December, 2001 for the South Creek Pressure Improvements Project; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the provisions for the Agreement Period, and to modify the compensation; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. The Work Schedule referred to as Attachment B in Article 2. Scope of Services To Be Performed Byn Engineer shall be amended to include the schedule of work for the Project as set forth in the Revised Attachment B, attached hereto. II. Article 3, Agreement Period, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not performed the work in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 18. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the Legal#58696 SCrk pressure imp -Supp l .doddr/lk Supplemental Agreement - Rev. 4/2/03 Pagel of 2 EXHIBIT D "All 11 work required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. Article 4. Compensation and Attachment C. Fee Schedule shall be amended by increasing by $3,750.00 the lump sum amount payable under the Agreement for a total of $45,050.00, as set forth in the Revised Attachment D, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement No. 1 in duplicate. HDR ENGINEERING, INC.: By:/ Ja es K. (Ken)Haney, E. /S 3 Date CITY OF ROUND ROCK: Lo Nyle Maxwell, Mayor Date Page 2 of 2 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 copies of existing aerial mapping, planimetric mapping, topographic mapping, and system pressure information. 2. Provide as -built or construction drawings of existing utilities and locate existing utilities as requested by Engineer. 3. Assist Engineer in visiting project site locations as needed to finalize vault location. 4. Provide timely review of construction plans, technical specifications, and contract documents. 5. Provide review and comment of pressure reducing valve stations standard detail sheets. 1 ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER DESIGN PHASE (Items 1-8 are completed) 1. Determine the size and location of the pressure reducing valve. Coordinate with the City Staff to gather information regarding existing piping, topography, property ownership, and distribution system pressures. Estimate both the existing and future demands for the service area of the pressure reducing valve station. Revision to Project: Design a second pressure reducing valve station on Sycamore Trail. 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 and fees has been developed and Baker-Aiklen & Associates, Inc. will complete the work under a subconsultant agreement with the Engineer. Revision to Project: Prepare title documents for procurement of land for the Sycamore Trail PR V. 3. Prepare detailed specifications and contract drawings, for construction authorized by the City. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy. 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. 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. 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, invitation to bid and instructions to bidders. 6. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Engineer nor the City has control over the cost of labor, materials or equipment; over the Contractor's methods of determining bid prices; or over competitive bidding, market or negotiating conditions. Accordingly, Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Engineer. 7. Furnish the City all necessary copies of review sets and final 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 shall also be noted on the plans. Where feasible, relocation of City -owned utilities shall be included in the construction contract. 9. Prepare a set of standard detail sheets for a pressure reducing valve station. Coordinate with the City Staff to determine the sheet format and size. The standard detail sheets shall accommodate the following pressure reducing valve station sizes: 8 -inch, 10 -inch, 12 -inch, 16 -inch, and 24 -inch. BIDDING PHASE (This phase is completed) 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 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 (This phase is completed) 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 2 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, 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. 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 (AutoCadd Release 2000 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 4 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 maintenance of the Project for a period of 1 year to the City. ATTACHMENT C WORK SCHEDULE o � _ O cn C3 o N cn CD CD n N 30 CD m CD C. cn m < ca 0 cn 0v (D cE 7 cn 0 CD n N O O W C— m -n CD N O O D N W N O O W CD n rt N 0 s 0 CL m 0 = 0 rt n a 0 CD I7 m X M O a C y Z c � O 0 V <° m cD X (D DN 0. N ATTACHMENT D FEE SCHEDULE City of Round Rock South Creek Pressure Improvements DESIGN PHASE SERVICES Gather Maps, Field Data, and Other Information Estimate Existing and Future Peak Summer Demand Determine Location and Size of Pressure Reducing Valve Subtotal Task 1: Budget Hours Project Project Senior Project Admin. 8 16 16 Task $1,900 $1,900 $4,700 SERIES 0000 - General Project Information 2 Months $5U.00 per month $100 # OG01 Cover 4 $400 # OG02 Sheet Index, Location, and Key Map 2 4 $600 # OG03 General Notes 2 2 4 $900 SERIES 1000 - Details 2 Months $20.00 per month $40 # 1C01 Pressure Reducing Valve Station Plan and Section 2 8 16 $2,500 # 1CO2 Miscellaneous Details 2 8 8 $1,700 PROJECT MANUAL Division 0 - Bidding Requirements & Conditions Division 1 - General Requirements Subtotal Task 2• $1,600 $1,600 $9.300 rusrage a uunvery 2 Months $5U.00 per month $100 Travel Expenses lump sum mileage $250 Miscellaneous 2 Months $75.00 per month $150 Printing & Photocopying (Check Prints 11x17) 2 Months $0.10 per copy 500 copies/mn $100 Telephone 2 Months $20.00 per month $40 HDR Computers: Engineering Applications 9 hours @ $10 $100 CADD Applications 48 hours @ $15 $700 TOTAL REIMBURSABLE DIRECT COSTS $1,400 Baker-Aicklen $1,900 TOTAL SUBCONSULTANTS $1,900 TOTAL FEE $24,300 Design of Sycamore Trail PRV $3,750 REVISED TOTAL DESIGN FEE $28,050 City of Round Rock South Creek Pressure Improvements BIDDING AND CONSTRUCTION PHASE SERVICES LABOR TOTALS 0 4 10 32 Budget Hours Postage & Delivery 1 Months $50.00 per month $50 Project Project Senior Project Admin. Task Task Description Princloal Manager Engineer Engineer Technician Assist. Fee Administration 25 Sets $50.00 per set $1,250 Telephone 1 Months $100.00 per month 4 Weeks Est Bid Duration Engineering Applications 2 hours Q $10 $20 CADD Applications 5 Phone Calls/Week $100 EXPENSE TOTALS CADD Applications $1,840 Hours per Phone Call $60 0.5 Phone Call Allowance =TOTAL FEE 10 $800 Pre -Bid Meeting 4 8 4 $1,400 Addenda (Estimated 2 total) 2 4 6 4 4 $1,900 Correspondence Recommendation for Award 2 2 6 4 $1,400 LABOR TOTALS 0 4 10 32 4 12 $5,500 Postage & Delivery 1 Months $50.00 per month $50 Travel Expenses lump sum mileage $250 Miscellaneous 1 Months $50.00 per month $50 Printing & Photocopying 1 Months $0.10 per copy 200 copies/mn $20 Printing of Bid Sets 25 Sets $50.00 per set $1,250 Telephone 1 Months $100.00 per month $100 Engineering Applications 2 hours Q $10 $20 CADD Applications 4 hours @ $15 $100 EXPENSE TOTALS CADD Applications $1,840 TOTAL BIDDING FEE $60 $7,300 Meetings/Site Visit: 11 6 Weeks Est Project Duration 0.25 Site Visits per Week Hours per Visit 4 Visit Time Allowance 6 $500 Pre -Construction Meeting 4 4 8 $1,800 Correspondence 2 Hours per Week Project Correspondence 12 4 $1,100 Administrative (monthly reports, files, billing, subcontract admin) 4 4 4 $1,100 Pay Applications 2 Contractor Payment Requests 1.5 3 $500 Submittal Review Hours per Shop Drawing Review 0.25 0.5 24 Shop Drawing Submittals 6 12 $1,900 Requests for Information and Field Orders Hours per Response 1 i 5 Responses 5 5 $1,100 Gose -out Document Review 2 2 4 4 $1,100 LABOR TOTALS 0 6 23 54 0 12 $9,100 Postage & Delivery 1.5 Months $50.00 per month $75 Travel Expenses lump sum mileage $250 Miscellaneous 1.5 Months $50.00 per month $75 Printing & Photocopying 1.5 Months $0.10 per copy 200 copies/mn $30 Telephone 1.5 Months $50.00 per month $75 Engineering Applications 6 hours Q $10 $60 CADD Applications 4 hours @ $15 $60 EXPENSE TOTALS $625 =TOTAL FEE $9,700 TOTAL FEE $17,000 ATTACHMENT E CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE Date: 12/3/03 PRODUCER COMPANIES AFFORDING COVERAGE Lockton Companies 444 W. 47th Street, Suite 900 A Zurich American Ins Co - O.P., KS Kansas City, MO 64112-1906 B American Guarantee & Liab (Zurich) INSURED C Sentry Ins. Co. HDR Engineering, Inc. D Continental Cas (V.O. Schinnerer) 8404 Indian HiRs Drive Omaha, NE 6811 -4049 E Ohio Casualty Group (Prof Risk) THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LEMTS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 A GL03504583 6/1/03 6/1/04 PRODUCTS-COMP/OPAGG. $ 1,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) S 1,000,000 MED. EXPENSE (Any one person) a 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 B BAP3504584 BODILY INJURY (Per person) $ BAP 3504585 6/1/03 6/1/04 BODILY INJURY (Per accident) $ TAP3504586 PROPERTY DAMAGE S EXCESSLIABILITY (excludes professional liab) E BX052852174 6/1/03 6/1/04 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 WORKERS' COMPENSATION STATUTORY LIMITS S AND EMPLOYERS' LIABILITY EACH ACCIDENT S 1,000,000 C 90-14910-01 6/1/03 6/1/04 DISEASE - POLICY LIMIT S 1,000,000 DISEASE - EACH EMPLOYEE S 1,000,000 PROFESSIONAL LIABILITY D PLN113978408 6/1/03 6/1/04 Per Claim: $1,000,000 AQQreQate• $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS South Creek Pressure Improvements Project. The City of Round Rock is named as additional insured with respect to all policies except `workers' Compensation and Employer;' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration. date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER. City Manager City of Round Rock SIGNA OF AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock, Texas 78664 Typed Name: Grover Simpson Title: President Page 1 00650 - 7/2003 Certificate of Liability Insurance VALLEY BLVD I` 46 E PALM N %9 w n m U W y Mp�N ST SERVICE m m NEW PRV QP\aG E5 .SP 5 SPG PPP J P GAO ; m w Pa�PPQg- GP0 ¢ O 3 Peev O J20. 9 6 FO a 5` a 9 g G m y O m ¢ 9 w < m NEW PRV m o o ¢ c m Oe m x Qty D x GQ�4i QPQ � � 0 m DLISA RAE ROSENBOROUGH LN GAT-nS SCHOOL RD O Z GATTIS SCHOOL RD N ,DEQ N Z �z Z 'o � NA 9 NOZC '9y r A 9 S a 9 0RN pNZ OP o 9mm ro 9 Z� O Z�c HENNpB` VO O LOU�B \ J W E Southcreek Pressure S Improvements A WOUNCIL AGENDAI IN ROUND ROCK, TEXAS R TI TH R p q q DATE: December 12, 2003 SUBJECT: City Council Meeting - December 18, 2003 ITEM: 8.G.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with HDR Engineering, Inc. for the South Creek Pressure Improvements Project. Resource: Tom Word, Chief of Public Works Operations Tom Clark, Director of Utilities History: The original scope of work under this contract was to design and develop construction plans for a pressure -reducing valve (PRV) to serve the north end of the South Creek Development. This area was experiencing water pressures over 100 psi caused by varying elevations. The completion of this project will allow the system pressures to be in the 60 to 70 psi. This Supplemental Agreement is to provide additional design services for a second pressure -reducing valve (PRV) to serve the South Creek Area. After modeling the water system in this area, it was found that two pressure -reducing valves were required to maintain system pressures in this area. This Supplemental Agreement No. 1 to HDR will close out this project. The total fee for these services of $3,050.00 will increase the total contract amount to $44,350.00. Funding: Cost: $3,050.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: HDR Engineering, Inc. Impact/Benefit: To provide adequate water service pressures. Public Comment: N/A Sponsor: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES WITH HDR ENGINEERING, INC. FOR THE SOUTH CREEK PRESSURE IMPROVEMENTS PROJECT This Supplemental Agreement No. 1 to the Agreement 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 an Agreement for Engineering Services, hereinafter called the "Agreement", on the 20`h day of December, 2001 for the South Creek Pressure Improvements Project; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the provisions for the Agreement Period, and to modify the compensation; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. The Work Schedule referred to as Attachment B in Article 2. Scope of Services To Be Performed By Engineer shall be amended to include the schedule of work for the Project as set forth in the Revised Attachment B, attached hereto. II. Article 3, Agreement Period, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not performed the work in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 18. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the Legal#58696 SCrk pressure imp -Supp Ldoc/dr/lk Supplemental Agreement - Rev. 4/2/03 Pagel of 2 K-©3--1� -�S-AGI work required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. Article 4, Compensation and Attachment C, Fee Schedule shall be amended by increasing by $3,750.00 the lump sum amount payable under the Agreement for a total of $45,050.00, as set forth in the Revised Attachment D, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement No. 1 in duplicate. HDR ENGINEERING, INC.: By: 46�;� Ja es K. (Ken)Haney, P1. yA3 Date CITY OF ROUND ROCK: RM jl�—'9-013 Date Page 2 of 2 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 copies of existing aerial mapping, planimetric mapping, topographic mapping, and system pressure information. 2. Provide as -built or construction drawings of existing utilities and locate existing utilities as requested by Engineer. 3. Assist Engineer in visiting project site locations as needed to finalize vault location. 4. Provide timely review of construction plans, technical specifications, and contract documents. 5. Provide review and comment of pressure reducing valve stations standard detail sheets. 1 ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER DESIGN PHASE (Items 1-8 are completed) 1. Determine the size and location of the pressure reducing valve. Coordinate with the City Staff to gather information regarding existing piping, topography, property ownership, and distribution system pressures. Estimate both the existing and future demands for the service area of the pressure reducing valve station. Revision to Project: Design a second pressure reducing valve station on Sycamore Trail. 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 and fees has been developed and Baker-Aiklen & Associates, Inc. will complete the work under a subconsultant agreement with the Engineer. Revision to Project: Prepare title documents for procurement of land for the Sycamore Trail PR V. 3. Prepare detailed specifications and contract drawings, for construction authorized by the City. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy. 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. 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. 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, invitation to bid and instructions to bidders. 6. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither Engineer nor the City has control over the cost of labor, materials or equipment; over the Contractor's methods of determining bid prices; or over competitive bidding, market or negotiating conditions. Accordingly, Engineer cannot and does not warrant or represent that bids or negotiated prices will not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by Engineer. 7. Furnish the City all necessary copies of review sets and final 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 shall also be noted on the plans. Where feasible, relocation of City -owned utilities shall be included in the construction contract. 9. Prepare a set of standard detail sheets for a pressure reducing valve station. Coordinate with the City Staff to determine the sheet format and size. The standard detail sheets shall accommodate the following pressure reducing valve station sizes: 8 -inch, 10 -inch, 12 -inch, 16 -inch, and 24 -inch. BIDDING PHASE (This phase is completed) 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 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 (This phase is completed) 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 2 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, 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 IN 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 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 (AutoCadd Release 2000 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 4 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 maintenance of the Project for a period of 1 year to the City. R ATTACHMENT C WORK SCHEDULE m 5 CD CD ca 5 n N W N O O W C) 0 cn 0 o � cn � n o CD � m :5 Q. CD N _rt 0� v CD T. cn ;r,, cn to - CD n N O W -O - - _ TI CD 6 - -- N O O O cD 0 rr N 0 3 CD CL c all cn 0 c rF S 0 CD CD CD N N C 0 CD rt N ATTACHMENT D FEESCHEDULE City of Round Rock South Creek Pressure Improvements DESIGN PHASE SERVICES TOTAL FEE $24,300 Design of Sycamore Trail PRV $3,750 REVISED TOTAL DESIGN FEE $28,050 Budget Hours Project Project Senior Project Admin. Task Task Description Principal Manager Engineer Engineer Technician Assistant Fee Task is Determine Size and Location of P.R.V. Station Gather Maps, Field Data, and Other Information 2 8 $900 Estimate Existing and Future Peak Summer Demand 4 16 $1,900 Determine Location and Size of Pressure Reducing Valve 2 2 16 $1,900 Subtotal Task 1: $4,700 Task 2: CreateBidding Documents SERIES 0000 - General Project Information # 0G01 Cover 4 $400 # OG02 Sheet Index, Location, and Key Map 2 4 $600 # OG03 General Notes 2 2 4 $900 SERIES 1000 - Details # 1C01 Pressure Reducing Valve Station Plan and Section 2 8 16 $2,500 # 1CO2 Miscellaneous Details 2 8 8 $1,700 PROJECT MANUAL Division 0 - Bidding Requirements & Conditions 2 2 8 8 $1,600 Division 1- General Requirements 2 2 8 8 $1,600 Subtotal Task 2: $9,300 Task 3: Prepare Standard Pressure Reducing Valve Sheets # 1 General Notes Sheet 2 4 4 8 $2,000 # 2 Pressure Reducing Valve Vault Plan and Section 2 4 4 8 $2,000 # 3 Dimension Table: 8", 10", 12", 16", and 24" Valve and Piping 2 4 16 8 $3,000 Subtotal, Task 3: $7,000 LABOR TOTALS TOTAL HOURS 0 10 22 60 60 16 TOTAL LABOR FEE $21,000 REIMBURSABLE DIRECT' COSTS ; Postage & Delivery 2 Months $50.00 per month $100 Travel Expenses lump sum mileage $250 Miscellaneous 2 Months $75.00 per month $150 Printing & Photocopying (Check Prints 11x17) 2 Months $0.10 percopy 500 copieslmn $100 Telephone 2 Months $20.00 per month $40 HDR Computers: Engineering Applications 9 hours @ $10 $100 CADD Applications 48 hours @ $15 $700 TOTAL REIMBURSABLE DIRECT COSTS $1,400 SUBCONSULTANTS Baker-Aicklen $1,900 TOTAL SUBCONSULTANTS $1,900 TOTAL FEE $24,300 Design of Sycamore Trail PRV $3,750 REVISED TOTAL DESIGN FEE $28,050 Task Description BIDDING Administration 4 Weeks Est. Bid Duration 5 Phone Calls/Week Hours per Phone Call Phone Call Allowance Pre -Bid Meeting Addenda (Estimated 2 total) Correspondence Recommendation for Award City of Round Rock South Creek Pressure Improvements BIDDING AND CONSTRUCTION PHASE SERVICES Budget Hours Project Project Senior Project Admin. Task Principal Manager Engineer Engineer Technician Assist. Fee 0.5 10 $800 4 8 4 $1,400 2 4 6 4 4 $1,900 2 2 8 4 $1,400 LABOR TOTALS 0 4 10 32 4 12 $5,500 REIMBURSABLE DIRECT COSTS Postage & Delivery 1 Months $50.00 per month $50 Travel Expenses lump sum mileage $250 Miscellaneous 1 Months $50.00 per month $50 Printing & Photocopying 1 Months $0.10 per copy 200 copies/mn $20 Printing of Bid Sets 25 Sets $50.00 per set $1,250 Telephone 1 Months $100.00 per month $100 Engineering Applications 2 hours @ $10 Pre -Construction Meeting $20 CADD Applications 4 hours @ $15 $1,800 $100 TOTAL BIDDING FEE $7,30011 CONSTRUCTION' Meetings/Site Visit: 6 Weeks Est. Project Duration 0.25 Site Visits per Week Hours per Visit 4 Visit Time Allowance 6 $500 Pre -Construction Meeting 4 4 8 $1,800 Correspondence 2 Hours per Week Project Correspondence 12 4 $1,100 Administrative (monthly reports, files, billing, subcontract admin) 4 4 4 $1,100 CONSTRUCTION ADMINISTRATION Pay Applications 2 Contractor Payment Requests 1.5 3 $500 Submittal Review Hours per Shop Drawing Review 0.25 6.5 24 Shop Drawing Submittals 6 12 $1,900 Requests for Information and Field Orders Hours per Response 1 1 5 Responses 5 5 $1,100 Close-out Document Review 2 2 4 4 $1,100 LABOR TOTALS 0 6 23 54 0 12 $9,100 REIMBURSABLE DIRECT COSTS Postage & Delivery 1.5 Months $50.00 per month $75 Travel Expenses lump sum mileage $250 Miscellaneous 1.5 Months $50.00 per month $75 Printing & Photocopying 1.5 Months $0.10 per copy 200 copies/mn $30 Telephone 1.5 Months $50.00 per month $75 Engineering Applications 6 hours @ $10 $60 CADD Applications 4 hours @ $15 $60 EXPENSE TOTALS TOTAL CONSTRUCTION FEE $9,70011 TOTAL FEE $17,000 ATTACHMENT E CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE Date: 12/3/03 PRODUCER COMPANMS AFFORDING COVERAGE Lockton Companies 444 W. 47th Street, Suite 900 A Zurich American Ins Co - O.P., KS Kansas City, MO 64112-1906 B American Guarantee & Liab (Zurich) INSURED C Sentry Ins. Co. HDR Engineering, Inc. D Continental Cas (V -O- Schinnerer) 8404 Indian Hills Drive Omaha, NE 68114-4049 E Ohio Casualty Group (Prof Risk) THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $ 1,000,000 A GL03504583 6/1/03 6/1/04 PRODUCTS-COMP/OPAGG. $1,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 B BAP3504584 BODILY INJURY (Per person) $ BAP 3504585 6/1/03 6/1/04 BODILY INJURY (Per accident) $ TAP 3504586 PROPERTY DAMAGE $ E EXCESS LIABILITY (excludes professional liab) BX052852174 6/1/03 6/1/04 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 WORKERS' COMPENSATION STATUTORY LIMITS $ AND EMPLOYERS' LIABILITY EACH ACCIDENT $ 1,000,000 C 90-14910-01 6/1/03 6/1/04 DISEASE -POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 PROFESSIONAL LIABILITY D PLN113978408 6/1/03 6/1/04 Per Claim: $1,000,000 Aggregate: $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS South Creek Pressure Improvements Project. The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock SIGNA OF AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock, Texas 78664 Typed Name: Grover Simpson Title: President Page 1 00650 - 7/2003 Certificate of Liability Insurance