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R-04-01-22-14G2 - 1/22/2004RESOLUTION NO. R -04-01-22-14G2 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Contract") with HDR Engineering, Inc. for the 1998-1999 Water System Improvements, and WHEREAS, HDR Engineering, Inc. has submitted Amendment No. 4 to the Agreement for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Amendment No. 4 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 Amendment No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for a change in the scope of services, a copy of said amendment 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 22nd day of January, 2004. NY WEMay r ATTEST (�,,�t CityA,6f Round Rock, Texas 411u-) 'e. J)&to�ol, CHRISTINE R. MARTINEZ, City Secret y @PFDesktop\::011MA/WORLDOX/U:/WDOX/RESOLUTI/R40122G2.WPD/Sc STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.4 TO AGREEMENT FOR ENGINEERING SERVICES WITH HDR ENGINEERING, INC. FOR THE 1998/1999 WATER SYSTEM IMPROVEMENTS PROJECT This Supplemental Agreement No. 4 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 11`x' day of June, 1998 for the design implementation for certain improvements described in the Preliminary Engineering Report, Water System Improvements — Pressure Planes 1 A, 1 B, & 2 dated May 13, 1998, (herein referred to as the "1998/1999 Water System Improvements Project"); and WHEREAS, the City and Engineer executed Amendment No. 1 on December 22, 1998, to amend the scope of services and to increase the compensation by $9,590.00 from $534,400.00 to $543,990.00; and WHEREAS, the City and Engineer executed Amendment No. 2 on December 21, 2000, tc amend the scope of services and to increase the compensation by $25,000.00 from $543,990.00 to $568,990.00; and WHEREAS, the City and Engineer executed Amendment No. 3 on August 13, 2002 to amend the scope of services and to increase the compensation by an amount not to exceed $10,750.00 for said additional services, for a total compensation of $579,740.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the provisions for the Contract Period, and to modify the compensation; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. The scope of services 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. The Work Schedule shall be amended as set forth in the Revised Attachment C, attached hereto. Legal #61231 1998-1999 Water System Imp suppAdoc/dr/lk SUPPlemenW A Bement - Rev. 4/2/03 Pagel of 2 EXHIBIT "Alf II. Article 3, Contract 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 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. III. Article 4, Compensation and Exhibit D Fee Schedule shall be amended by increasing by $23,300 the amount payable for the Construction Phase Fee under the Agreement for a total of $603,040.00, as set forth in the Revised Attachment C, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. HD GINEE ING, INC.: By: / aures K. (Ken)Hane , P.E. Date CITY OF ROUND ROCK: Lo Nyle Maxwell, Mayor Date Page 2 of 2 ATTACHMENT B SERVICES TO BE PROVIDED BY THE Engineer DESIGN PHASE and BIDDING PHASE 1. These services were completed in the Agreement authorized by Resolution R -00-12-21-9C1. CONSTRUCTION PHASE For the Construction Phase, additional Engineering Services for Items 1-15 that follow were required due to contractor delays in construction of the 81 South Elevated Storage Tank. 1. Consult with and advise City as set forth herein and as provided in the Engineer's General Conditions and Supplementary General Conditions of the Contract for Construction included in the Contract Documents for the project. The extent and limitations of the duties, responsibilities and City of Engineer as assigned in said Contract Documents shall not be modified, except as Engineer may otherwise agree in writing. City shall issue all instructions to the contractor performing the Work (hereinafter called "Contractor") except as otherwise provided in writing. 2. Make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on-site observations as an experienced and qualified design professional, he will keep the City informed of the extent of the progress of the work, and advise the City of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the City, exercise whatever rights the City may have to disapprove work and materials as failing to conform to the Contract Documents. 3. Make recommendations to City concerning the disapproval or rejection of Contractors' Work while it is in progress if Engineer believes that such Work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the project as reflected in the Contract Documents. Engineer shall have access to the Work at all times wherever it is in preparation or progress. 4. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 5. Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. 6. Make recommendations to City regarding the advisability of requiring special inspections or testing of the Work and have City, for the purposes of this paragraph, to receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents. 7. Act as initial interpreter of the requirements of the Contract Documents, judge the acceptability of the Work and make decisions on all claims of City and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. Engineer shall not be liable for the results of any such interpretations or decisions rendered in good faith. 8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 9. Determine the amount owing to Contractor based on Engineer's observations at the site and the data comprising the Application for Payment, and recommend in writing payments to Contractor in such amounts. Such recommendations of payment will constitute a 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. 2 10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and tests and approvals of equipment which are to be provided by Contractor in accordance with the Contract Documents. Determine that their content complies with the requirements of the Contract Documents and transmit them to City with written comments. 11. Conduct, in company with the City, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 12. Revise contract drawings, with the assistance of the City's representative, to provide record drawings of the completed Project. Furnish one set of reproducible mylar drawings, electronic files, and two sets of prints of there revised drawings to the City. 13. Assist City in developing systems and procedures for control of the operation, maintenance and record keeping for the project. 14. Compile, review and comment on operation, maintenance and staffing manuals, which will be provided by Contractor in accordance with the Contract Documents. 15. Assist City in training City's staff to operate and maintain the project. The Engineer shall provide technical support and professional advice regarding any unforeseen problems with the operation and maintenance of the Project for a period of 1 year to the City. 16. Items remaining for completion: Review of Operation and Maintenance Manuals Project Closeout Documentation As -Built Drawing Drafting and Printing 3 ATTACHMENT C WORK SCHEDULE The Work Schedule is on the next page. LLJ J LU U U) U 7 w G. U C a C �L C w v 0 0 N LO r U) �a c R � ca � � � O L Gs d � O 0 � O = L IL � c L � = � O i U C a C �L C w v 0 0 N LO r ATTACHMENT D FEE SCHEDULE The additional Construction Phase services provided due to contractor delays during construction shall be reimbursed on a Per Diem basis in the amount not to exceed Twenty Three Thousand Three Hundred Dollars ($23,300.00). The services shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.20. All direct non -labor expenses will be billed at the invoice cost plus ten percent (10%) service charge. 1 ATTACHMENT E CERTIFICATE OF INSURANCE The Certificate of Insurance is on the next page. a ete *077 k IL I ;01 a E I yid ' IH2 , t > �1 I , i I } M uT{� h I si thht� \ l I 81 ELEVATED TANK V 1' PROJECT DATE: January 16, 2004 SUBJECT: City Council Meeting - January 22, 2004 ITEM: *14.G.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with HDR Engineering, Inc. for the 1998/1999 Water System Improvement Project. Resource: Tom Word, Chief of P. W. Operations Tom Clark, Director of Utilities History: The South 81 Elevated Tank and Standpipe Demolition Projects are the last of six projects under the 1998/1999 Water System Improvements Contract with HDR. The other four were the Southeast Elevated Pump Station & Site Improvements, Chisholm Valley Elevated Tank and Standpipe Demolition, and the High Country Elevated Tank. At the December 18, 2003 Council meeting, the Council approved deducting $46,520 from CB&I, which were expenses incurred by the City due to delays in construction. The additional engineering services incurred by HDR Engineering is part of the amount withheld from CB&I. These services include monthly progress meetings, construction site visits, review shop drawings, and final walk through and preparing Record Drawings to name just a few. Staff recommends approval. This contract amendment is for work related to the Construction Phase Services. These services were required due to project delays by the construction contractor. CB&I the construction contractor has agreed to reduce their total compensation by $46,520.00, approved by council on 12/18/03. Funding: Cost: $23,300.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: HDR Engineering, Inc. Impact/Benefit: Funds will come from the reduction in compensation to CB&I's construction contract, per their Settlement and Release Agreement in the amount of $46,520.00. Public Comment: N/A Sponsor: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES WITH HDR ENGINEERING, INC. FOR THE 1998/1999 WATER SYSTEM IMPROVEMENTS PROJECT This Supplemental Agreement No. 4 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 11 h day of June, 1998 for the design implementation for certain improvements described in the Preliminary Engineering Report, Water System Improvements — Pressure Planes IA, 113, & 2 dated May 13, 1998, (herein referred to as the "1998/1999 Water System Improvements Project"); and WHEREAS, the City and Engineer executed Amendment No. 1 on December 22, 1998, to amend the scope of services and to increase the compensation by $9,590.00 from $534,400.00 to $543,990.00; and WHEREAS, the City and Engineer executed Amendment No. 2 on December 21, 2000, to amend the scope of services and to increase the compensation by $25,000.00 from $543,990.00 to $568,990.00; and WHEREAS, the City and Engineer executed Amendment No. 3 on August 13, 2002 to amend the scope of services and to increase the compensation by an amount not to exceed $10,750.00 for said additional services, for a total compensation of $579,740.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services, modify the provisions for the Contract Period, and to modify the compensation; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. The scope of "services 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. The Work Schedule shall be amended as set forth in the Revised Attachment C, attached hereto. Legal#61231 1998-1999 Water System Imp supp4.doc/dr/lk Supplemental Agreement - Rev. 4/2/03 R-0q-Ol-aa-/SIG2 Pagel of2 II. Article 3, Contract 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 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 Exhibit D Fee Schedule shall be amended by increasing by $23,300 the amount payable for the Construction Phase Fee under the Agreement for a total of $603,040.00, as set forth in the Revised Attachment C, attached hereto. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. HDGINEE ING, INC.: By: ames K. (Z�kKen)Hane , P.E. —�— Date CITY OF ROUN ROCK: - By: �axwel , Mayor /rC� C� - 0 q Date Page 2 of 2 ATTACHMENT B SERVICES TO BE PROVIDED BY THE Engineer DESIGN PHASE and BIDDING PHASE 1. These services were completed in the Agreement authorized by Resolution R -00-12-21-9C1. CONSTRUCTION PHASE For the Construction Phase, additional Engineering Services for Items 1-15 that follow were required due to contractor delays in construction of the 81 South Elevated Storage Tank. 1. Consult with and advise City as set forth herein and as provided in the Engineer's General Conditions and Supplementary General Conditions of the Contract for Construction included in the Contract Documents for the project. The extent and limitations of the duties, responsibilities and City of Engineer as assigned in said Contract Documents shall not be modified, except as Engineer may otherwise agree in writing. City shall issue all instructions to the contractor performing the Work (hereinafter called "Contractor") except as otherwise provided in writing. 2. Make periodic visits to the site to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety 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. 1 4. Consult and advise with the City; issue all instructions to the contractor requested by the City; and prepare routine change orders as required. 5. Evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor. 6. Make recommendations to City regarding the advisability of requiring special inspections or testing of the Work and have City, for the purposes of this paragraph, to receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents. 7. Act as initial interpreter of the requirements of the Contract Documents, judge the acceptability of the Work and make decisions on all claims of City and Contractor relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work. Engineer shall not be liable for the results of any such interpretations or decisions rendered in good faith. 8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 9. Determine the amount owing to Contractor based on Engineer's observations at the site and the data comprising the Application for Payment, and recommend in writing payments to Contractor in such amounts. Such recommendations of payment will constitute a 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. 2 10. Receive and review maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and tests and approvals of equipment which are to be provided by Contractor in accordance with the Contract Documents. Determine that their content complies with the requirements of the Contract Documents and transmit them to City with written comments. 11. Conduct, in company with the City, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 12. Revise contract drawings, with the assistance of the City's representative, to provide record drawings of the completed Project. Furnish one set of reproducible mylar drawings, electronic files, and two sets of prints of there revised drawings to the City. 13. Assist City in developing systems and procedures for control of the operation, maintenance and record keeping for the project. 14. Compile, review and comment on operation, maintenance and staffing manuals, which will be provided by Contractor in accordance with the Contract Documents. 15. Assist City in training City's staff to operate and maintain the project. The Engineer shall provide technical support and professional advice regarding any unforeseen problems with the operation and maintenance of the Project for a period of 1 year to the City. 16. Items remaining for completion: Review of Operation and Maintenance Manuals Project Closeout Documentation As -Built Drawing Drafting and Printing 3 ATTACHMENT C WORK SCHEDULE The Work Schedule is on the next page. v 0 0 N Itt --l) .�.� O d C) C � a - N}' a w X 0 � HU- > OW O CL wE ov a— w cn ZE_N N w M U- (n w J 0 cc O L LU C Ha m _ U c .` a O 'a co T- vi R U) c m C O o m` o '3 CL y O ° cLa ° U C w = a� (D a` a v 0 0 N ATTACHMENT D FEE SCHEDULE The additional Construction Phase services provided due to contractor delays during construction shall be reimbursed on a Per Diem basis in the amount not to exceed Twenty Three Thousand Three Hundred Dollars ($23,300.00). The services shall be reimbursed based upon Direct Salary Cost ($ per hour) times an overhead factor of 3.20. All direct non -labor expenses will be billed at the invoice cost plus ten percent (10%) service charge. ATTACHMENT E CERTIFICATE OF INSURANCE The Certificate of Insurance is on the next page.