Loading...
R-99-05-13-13B7 - 5/13/1999 RESOLUTION NO. R-99-05-13-13B7 WHEREAS, the City of Round Rock desires to retain engineering services for development of a submission packet to satisfy TNRCC requirements for use of wastewater reclaimed water for Old Settlers Park and creation of a general umbrella permit for future reuse projects, and WHEREAS, HDR Engineering Inc . has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HDR Engineering Inc . , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with HDR Engineering Inc. , for development of a submission packet to satisfy TNRCC requirements for use of wastewater reclaimed water for Old Settlers Park and creation of a general umbrella permit for future reuse projects, a copy of said agreement being attached hereto and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted K:\WPDOCS\RESOLUTI\R90513B7.WPD/scg upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act . RESOLVED this 13th day of May, 199Y. CHARLES CULPE R, Mayor City of Round Rock, Texas ATTEST: M A,19 J E LAND, City Secretary 2 o AGREEMENT FOR ®; ENGINEERING SERVICES �p a ...... : MADE AND ENTERED INTO by and between the City of Round Rock, Texas hereinafter called the "Owner", and HDR Engineering, Inc., hereinafter called the "Engineer". RECITALS Owner intends to obtain Texas Natural Resource Conservation Commission (TNRCC) approval to use effluent from the Brushy Creek Regional Wastewater Treatment Plant to irrigate Old Settlers Park, and to develop information for submission to the Texas Natural Resource Conservation Commission (TNRCC) as required to satisfy TNRCC Notification requirements for use of effluent at Old Settler's Park and TNRCC general Notification requirements for potential use in other areas of the City. Such work and services are hereinafter referred to as the "Project". CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION 11 CHARACTER AND EXTENT OF SERVICES The Engineer shall render the services described in Attachment 2 and the following professional services necessary for the development of the Project: 1 . 1 A. PRELIMINARY PHASE 1. Attend preliminary conference with the Owner regarding the Project. 2. Coordinate with TNRCC concerning general Notification requirements for future use of reclaimed water in the City in areas other than Old Settler's Park. 3. Submit Notification information to the TNRCC addressing use of effluent from the Brushy Creek Regional Wastewater Treatment Plant to irrigate Old Settler Park, and general Notification to the TNRCC for future use of reclaimed water in other areas of the City. Information to be submitted to the TNRCC shall generally be in accordance with TNRCC Chapter 210 regulations for use of reclaimed water. B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VI A). 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants-in- aid, state loan programs, planning advances or to meet the requirements of the special programs of the federal government). 3. Perform field surveys to collect information which in the opinion of the Engineer, is required in the design of the Project. Design surveying and construction staking for the Construction Improvement is not included in the Basic Charge. 4. Prepare detailed specifications and contract drawings, in pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a 2 high degree of economy, and shall be submitted to the applicable state and federal agencies for approval. 5. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 6. Furnish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of ten (10) are to be paid for separately. Additional sets will be paid for in accordance with Attachment No. 3 - Hourly Rate Schedule. 7. Provide information on utilities to be relocated in connection with the project. The Owner will provide excavation to determine location and depth of underground water and sewer lines. Utilities to be relocated by others shall be noted on the plans. City-owned utilities to be relocated also shall be noted on the plans. Where feasible, relocation of City-owned utilities shall be included in the construction contract. 8. Provide a letter for the Owner's signature to each utility operating within the City of Round Rock advising them of the project and describing any known relocations to be performed by that utility and setting forth a proposed construction schedule. This letter and a complete set of plans shall be delivered to each utility by the Engineer. The Engineer shall provide timely assistance and location stakes as necessary for utility relocations to assure that utility relocations do not delay the project. 9. Provide easement and right-of-way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawing of the affected properties. These services will be paid for in accordance with Attachment No.3 - Hourly Rate Schedule. 10. Provide field note descriptions to the Owner for any site(s) that is required for Owner to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by Owner, barring unforeseen and unusual difficulties associated with the property. These services will be paid for in accordance with Attachment No. 3 - Hourly Rate Schedule. 3 C. CONSTRUCTION PHASE 1. Assist the Owner in the advertisement of the Project for bids. 2. Assist the Owner in the opening and tabulating of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. 4. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative described in Subparagraph 6 below) 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 Owner informed of the extent of the progress of the work, and advise the Owner 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 Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult and advise with the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. 6. If specifically authorized by the Owner in writing, furnish the services of resident Project Representatives, and other field personnel for continuous on-the-site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; if provided, compensation shall be determined under Section VI A.) The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the Engineer will use diligence to see that the 4 Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the contractors, and since it is the contractors' responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the contractors' failure to do so, and, so long as Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on-the-site observation to discover defects or deficiencies in the work of the contractors shall never relieve the contractors of liability therefore or subject the Engineer to any liability for any such defect or deficiencies. 7. 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. 8. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers in a form acceptable to the City. 9. Conduct, in company with the Owner, 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. 10. Revise contract drawings, with the assistance of the resident Project Representatives, or the Owners representative, to provide record drawings of the completed Project. Furnish one set of reproducible drawings and one set of prints of there revised drawings to the Owner. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received written authorization from the Owner. 5 SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or its representatives, to the end that the Project, as completed, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. See Attachment 1 for other specific services to be provided by the Owner SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work and for Special Assignments and Services not included in these phases. All remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office at the address listed below: HDR Engineering, Inc. P.O. Box 93788 Chicago, ILL 60673-3788 A. PRELIMINARY PHASE: Compensation for services in the Preliminary Phase shall be on an hourly rate basis plus reimbursement for expenses with an upper limit of$9,250. 6 B: DESIGN PHASE Not currently applicable. To be negotiated and added by amendment at a later date if determined to be needed. Final payment for services authorized in the Design Phase shall be due upon the completion of these services and upon the Owners acceptance, which shall be within thirty (30) days after submission. C. CONSTRUCTION PHASE Not currently applicable. To be negotiated and added by amendment at a later date if determined to be needed. This sum will be paid in monthly installments in proportion to the construction work completed, on the basis of the Engineer's estimated prepared for monthly payments to contractors, plus the actual value of all materials and equipment purchased or furnished directly by the Owner for the Project. Upon completion of all work authorized in the Construction Phase the Engineer will be paid the remainder of the charge for this Phase. D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE PERCENTAGE CHARGES The charges above described in the Preliminary, Design and Construction Phases shall provide compensation to the Engineer for all services called for under this Agreement to be performed by him, or under his direction, except the services set forth below. These excluded services and Special Assignments, and the compensation to be paid by the Owner to the Engineer for their performance, as required, are as follows: The following services, if authorized by the Owner, (1 through 7), shall be reimbursed in accordance with Attachment No. 3 - Hourly Rate Schedule. 1. Services of a resident Project Representative, and other field personnel as required, for on-the-site observation of construction. 2. Services for Design Purposes and Construction Layout Surveys (Construction Staking). 3. Land surveys and establishment of boundaries and monuments. 4. Preparation of property or easement descriptions. 5. Preparation of any special reports required for marketing of bonds. 7 6. Appearances before regulatory agencies. 7. Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. 8. Additional copies of reports and specifications and additional blue print copies. 9. Preparation of applications and supporting documents for government grants, loans or planning advances for public works projects. 10. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. Basis of Compensation: $145.00 per hour in which Engineer's presence or his representative is required by Owner. $640.00 per day minimum charge. 11. Soil and foundation investigations, including test and analyses of test results. Basis of Compensation: (a) Furnished by the Owner and observed by the Engineer in accordance with attachment No. 3 - Hourly Rate Schedule, (b) Owner contract separately with qualified testing firm. 12. Detailed mill, shop and/or laboratory inspection of materials or equipment. Basis of Compensation: (a) Furnished directly by the Owner, or (b) By Engineer in accordance with Attachment No. 3 - Hourly Rate Schedule. 13. Extra travel required of the Engineer and authorized by the Owner from Round Rock to points other than the State of Texas in connection with the Project. Basis of Compensation: Cost of travel and living expenses plus a twenty percent (20%) service charge. Cost of labor in accordance with Attachment No. 3 - Rate Schedule. 14. Services for location stakes associated with the Project as necessary for utility companies operating within the City Limits of Round Rock. Payments to the Engineer for authorized services not in the basic service charges will be made by the Owner, upon presentation of statements by the Engineer for such services. 8 Should the Owner fail to make payment to the Engineer of the sum named in any partial /or final statement when payment is past due for more than thirty (30) days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the current prime rate of banking institutions in Round Rock, from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the re-advertisement for bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expenses, which services and expenses shall not be considered as covered by the lump sum fee stipulated in this Agreement. Compensation for such extra services shall be in accordance with Attachment No. 3 -Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the design of the Project or for revising design or plans when such design and plans prove not to be feasible for construction. SECTION VIII OWNERSHIP OF DOCUMENTS Engineer shall retain ownership of all original documents, plan designs, and survey notes on all projects that are not completed and for which Engineer is not compensated regardless of whether the instruments were copyrighted. Additionally, all such documents for which Engineer is not compensated Owner will not reuse for extensions of the original project or new projects unless Owner shall secure the permission of Engineer shall be entitled to further compensation for the use of such documents. 9 All original documents, plan designs, and survey notes for completed or partially completed projects for which Engineer has been compensated shall be the property of Owner and Engineer and reproducible copies shall be furnished to the Owner upon request. The use by either party of such documents is unrestricted. Owner assumes all liability for use of drawings on other than the specific project for which they were prepared. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, within five �5) days after receiving same, mail to the demanding party a notice of appointment of a second arbitrator. Such two arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator's appointment. B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five (5) days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten (10) days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 226, for the appointment of the third arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such awards shall be governed by the Texas General Arbitration Act, Articles 224 through 238-6, inclusive, Revised Statutes of 1925, as amended. D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. 10 SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty-day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement.As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, Texas 78741 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: City of Round Rock 2008 Enterprise Round Rock, Texas 78664 11 SECTION XII SECTION CAPTIONS Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the project will be conveyed through the City's Director of Public Works, and the Engineer shall confer frequently with the Director of Public Works throughout the Design Phase of the Project. The date for completion of the Preliminary Phase is eight weeks after notice to proceed. SECTION XIV SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of the Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. 12 EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice-President shown below, and on bgl Ifofthe Owner by its Mayor 1thner��to duly authorized) this the 13- day of �� )) Q=M= , Attest: ITY OF ROUND ROCK HDR ENGINEERING, INC. Charles Culpep er, ayor J es K. (Ken) Hane , P.E. Executive Vice President Att as Attest; J ne Land, City Secretary W.\oz0000as\... 13 Attachment 1 Services to Be Provided By the City Of Round Rock 1. Provide property information for Old Settler's Park. 2. Provide record drawing information concerning existing facilities, including utilities at Old Settler's park. 3. Provide information concerning future development of Old Settler's Park. 4. Provide input and assistance to Engineer in selecting locations for storage and pumping facilities. 5. Provide information to Engineer concerning facilities and operations as required for submission of Notification of Intent to Use Reclaimed Water to the Texas Natural Resource Conservation Commission (TNRCC) Attachment 2 Scope of Services To Be Provided By The Engineer For Preliminary Phase (Design, Bidding,and Construction Phases Not Included in Services Currently Authorized) 1. Conduct preliminary meeting with the City of Rock to discuss the intent of the project and obtain City input. 2. Establish Texas Natural Resource Conservation Commission (TNRCC) Notification of Intent to Use Reclaimed Water requirements applicable to Round Rock based on TNRCC Chapter 210 Rules, which address use of reclaimed water. 3. Advise City of Round Rock of information needed from the City to develop a document addressing general Notification of Intent to Use Reclaimed Water in the City for submission to the TNRCC. 4. Coordinate with the Brazos River Authority (BRA) and the Lower Colorado River Authority (LCRA) (Provider of Reclaimed Water) to keep them abreast of City's plans and obtain their input concerning the Notification document. 5. Develop a document addressing general Notification of Intent To Use Reclaimed Water in the City of Round Rock for submission to the TNRCC. The document developed for submission to the TNRCC will indicate that Old Settler's Park is expected to be the initial location at which reclaimed water will be used. 6. Provide followup information as requested by the TNRCC for the Notification document. ATTACHMENT NO.3 HOURLY RATE SCHEDULE ITEM DESCRIPTION RATE 1. Senior Engineer $145.00/hr. 2. Registered Professional Engineer $82.00/hr. 3. Design Engineer(ie. E.I.T.), Hydrologist $50.00/hr. 4. Design Technician $60.00/hr. 5. Calculator, including computer and plotter $15.00/hr. v 6. Drafting Personnel $50.00/hr. 7. Clerical, including word processor $33.00/hr. 8. Reimbursement for direct non-labor expense and sub- contract expense at invoice cost plus ten (10%) percent service charge. engrsemmst.b: w:k07225024Vragr050reclaimedwateruse3299.doc