R-07-09-27-15C1 - 9/27/2007 RESOLUTION NO. R-07-09-27-15C1
WHEREAS, the City of Round Rock desires to retain engineering
services for the RM 1431 - 2 . 0 MG Elevated Water Storage Tank Project,
and
WHEREAS, HDR, Engineering, Inc . has submitted a Contract for
Engineering Services to provide said services, and
WHEREAS, the City Council desires to enter into said contract
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 a Contract for Engineering Services with HDR,
Engineering, Inc. for the RM 1431 - 2 . 0 MG Elevated Water Storage Tank
Project, a copy of said contract 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 27th day of Septembe 2007 .
WELL, Mayor
City of Round Rock, Texas
A , EST
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CHRISTINE R. MARTINEZ, City Secre ry
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J!ROUND ROCK.TEXAS
4.PASSION.PROSPFRITV
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR Engineering, Inc. ("Engineer")
ADDRESS: 4401 West Gate Blvd, Suite 400,Austin, Texas 78745
PROJECT: RM 1431 —2 MG Elevated Water Storage Tank
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the day of , 2007 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.01/07
0140.4632; 121441 00064494
WT051431TK EXHIBIT
1.
nAn
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
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 Engineering Services 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 Engineering Services
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 Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
2.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Three Hundred Twenty-four Thousand Five Hundred Twenty three and No/100
Dollars ($324,523) as shown in Exhibit D. The lump sum amount payable shall be revised equitably
only by written Supplemental Contract in the event of a change in Engineering Services as authorized by
City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Don M. Rundell, P.E. Michael D. Thane, P.E.
Chief Utility Engineer Utilities Director
212 Commerce Cove 212 Commerce Cove
Round Rock, Texas 78664 Round Rock, Texas 78664
Telephone Number: (512)218-5554 Telephone Number: (512)218-3236
Fax Number: (512) 218-3242 Fax Number: (512) 218-3242
Email Address: drundell(&round-rock tx us Email Address: mthane(a,round-rock tx us
4.
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Darren C. Strozewski, P.E
Project Manager
HDR Engineering, Inc.
4401 West Gate Blvd, Suite 400
Austin, TX 78745
Telephone Number: (512) 912-5170
Fax Number: (512) 912-5158
Email Address: dstrozew@hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
6.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or(2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL,EOUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
7.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty(30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
8.
above, then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty(30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
9.
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24)hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
10.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
11.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City;
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
12.
Engineer:
Darren C. Strozewski, RE
HDR Engineering, Inc.
4401 West Gate Blvd, Suite 400
Austin, TX 78745
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
13.
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its
duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM:
By:
Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney
ATTEST:
By:
Christine Martinez, City Secretary
HDR ENGINEERING, INC.
By: Ck
Neil f P.E. VVi, Prsi ent
14.
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
15.
Exhibit A
City Services
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, and water transmission lines and
on-site piping information for the RM 1431 Standpipe site.
2. Provide as-built or construction drawings of existing utilities and locate existing utilities as
requested by Engineer.
3. Assist Engineer in visiting the RM 1431 tank site and associated piping as needed to finalize site
layout for the tank.
4. Provide timely review of construction plans,technical specifications, and contract documents.
5. Provide assistance with coordination with Private Property Owners.
6. Provide site acquisition or easement acquisition documents to Engineer of tank site.
Exhibit B
Engineering Services
DESIGN PHASE
1. Establish the scope, and advise the City, of any additional soil and foundation investigations or any
special testing which, in the opinion of the Engineer, may be required for the proper execution of the
Project. A scope of work, fees, and performance schedule has been developed and the work will be
completed by Fugro, Inc. under a subconsultant agreement with the Engineer.
2. Establish the probable cost of construction and advise the City of any changes to this cost prior to
advertising the project.
3. Furnish to the City, where required by the circumstances of the assignment, the engineering and/or
survey 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). The Engineer shall also assist the City in obtaining approval of the
aforementioned routine permit applications from local, state, and federal authorities.
4. Perform field surveys to collect information, which in the opinion of the Engineer, is required in the
design of the Project. The City has already obtained a topographic survey of the site with easement
boundary as performed by Inland Geodetics. The Engineer will use this survey for design plans. If
additional surveying is identified, Engineer will notify City and receive approval to exercise the time
and material fee allocated in this proposal to obtain additional survey. The Construction Plans
developed under this contract will be tied to the City of Round Rock's Horizontal and Vertical
Control Network. Construction staking of the new tank site is not included in the fee for
Construction Phase services.
5. Prepare specifications and contract drawings, for construction authorized by the City and submit to
the applicable local and state agencies for approval.
6. 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.
7. 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.
S. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's judgment as a
design professional familiar with the construction industry. It is recognized, however, that neither
Engineer nor the City has control over the cost of labor, materials or equipment; over the
Contractor's methods of determining bid prices; or over competitive bidding, market or negotiating
conditions. Accordingly, Engineer cannot and does not warrant or represent that bids or negotiated
prices will not vary from the City's Project budget or from any estimate of Construction Cost or
evaluation prepared or agreed to by Engineer.
9. Furnish the City all necessary copies of review sets and final approved plans, specifications, notices
to bidders, and proposals. Furnish two sets of half sized prints and two sets of full sized prints of
signed and approved drawings, electronic files (AutoCAD 2000i on CD ROM) to the City.
10. Provide information on utilities to be relocated in connection with the project. The City will provide
excavation to determine location and depth of underground water and sewer lines. Utilities to be
relocated by others shall be noted on the plans. City-owned utilities to be relocated shall also be
noted on the plans. Where feasible, relocation of City-owned utilities shall be included in the
construction contract.
BIDDING PHASE
1. Assist City in advertising for and obtaining proposals or negotiating proposals for the prime contract
for construction materials, equipment and services to be performed by a contractor for the project
(hereinafter called "Work"); and, where applicable, maintain a record of prospective bidders to
whom Contract Documents have been issued, attend pre-bid conference and receive and process
deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment proposed by
potential contractor(s) when substitution prior to the award of contracts is allowed by the Contract
Documents.
4. Attend and conduct the bid opening and prepare bid tabulation sheets. Evaluate bids or proposals;
prepare bid tabulation sheets and letter recommending award of contract to the lowest and most
qualified bidder and in assembling and awarding contracts for construction materials, equipment and
services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the General Conditions and
Supplementary General Conditions of the Contract for Construction included in the Contract
Documents for the project. The extent and limitations of the duties and responsibilities of Engineer
as assigned in said Contract Documents shall not be modified, except as Engineer may otherwise
agree in writing. City shall issue all instructions to the contractor performing the Work (hereinafter
called "Contractor") except as otherwise provided in writing.
2. Make periodic visits to the site to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the Contract Documents. In
performing this service, the Engineer will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the work or material; he will not be responsible for the
techniques and sequences of construction or the safety precautions incident thereto, and he will not
be responsible or liable in any degree for the contractors' failure to perform the construction work in
accordance with the Contract Documents. During visits to the construction site, and on the basis of
the Engineer's on-site observations as an experienced and qualified design professional, he will keep
the City informed of the extent of the progress of the work, and advise the City of material and
substantial defects and deficiencies in the work of contractors which are discovered by the Engineer
or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of
the City, exercise whatever rights the City may have to disapprove work and materials as failing to
conform to the Contract Documents.
3. Attend and conduct the monthly progress/coordination meeting with the city, contractor and others
including review of the project schedule. 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
(AutoCAD 20001 on CD ROM), and two sets of prints of the record drawings to the City. Because
data stored in electronic media format can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party receiving electronic files agrees that it will
perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed
to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period
will be corrected by the party delivering the electronic files. Engineer shall not be responsible to
maintain documents stored in electronic media format after acceptance by the City. When transferring
documents in electronic media format, Engineer makes no representations as to long term
compatibility, usability, or readability of documents resulting from the use of software application
packages, operating systems, or computer hardware differing from those used by Engineer at the
beginning of this Project. The City may make and retain copies of Documents for information and
reference in connection with use on the Project by the City. Such Documents are not intended or
represented to be suitable for reuse by the City or others on extensions of the Project or on any other
project. Any such reuse or modification without written verification or adaptation by Engineer, as
appropriate for the specific purpose intended, will be at the City's sole risk and without liability or
legal exposure to Engineer or to Engineer's subconsultants. The City shall indemnify and hold
harmless Engineer and Engineer's subconsultants from all claims, damages, losses, and expenses,
including attorneys' fees arising out of or resulting there from. If there is a discrepancy between the
electronic files and the hard copies, the hard copies will govern.
13. Compile, review, and comment on operation and maintenance manuals, which will be provided by
Contractor in accordance with the Contract Documents.
14. Assist City staff during start-up of the project. The Engineer shall provide technical support and
professional advice regarding any unforeseen problems with the operation and maintenance of the
Project for a period of 1 year to the City.
WELDING AND COATING INSPECTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the progress and
quality of the executed work in accordance with the Contract Documents. In performing these
services, reasonable measures will be taken to protect the Owner/Engineer against defects and
deficiencies in the work of the Contractor. Responsibility for the actual supervision of construction
operations or for the safety measures that the contractor takes or should take cannot be guaranteed.
2. HOT proposes to provide an AWS Certified Welding Inspector and NACE Certified Coating
Inspector on the referenced project for the City of Round Rock and HDR Engineering. The
objective of this project is to provide quality assurance surveillance of the erection, welding,
sandblasting, and painting during the construction of the referenced water tank. Inspection and
testing visits will be strategic and at the discretion of the Owner/Engineer. The services to be
provided wily include the following:
Welding, Fabrication and Erection Inspection
• Review tank project drawings to provide comments and recommendations.
• Review welder qualification records, welding procedures, and mill test reports before any
welding commences.
• Verify proper welding electrodes and electrode storage to be used on project.
• Conduct inspections on shop fabricated components.
• Conduct inspection of tank erection practices and fit-up.
• Conduct Certified Welding Inspection per AWWA D100 during construction.
• Approve Radiographic Testing as per AWWA D100 Section 14.
• Witness leak testing of floor welds and penetrations.
3. The inspection methods to be implemented for the above inspection will consist of Visual Testing.
All inspections will verify compliance with the Contract Specifications. An AWS Certified Welding
Inspector and NDE Level III will conduct all welding inspections.
4. Shop fabricated items will be inspected on site as they arrive unless the owner requests a shop visit.
The fabrication and weld quality will be inspected for compliance to AWWA D100-96. If the owner
requires a shop inspection, it shall consist of a visual inspection of the fabricating practices and
operations to determine compliance with the AWWA Standard. All travel and labor expenses will
be charged as additional expenses
5. Sandblasting and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre-surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
• Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
• Evaluating cleanliness between coats.
• Witness contractor conduct holiday testing of the inside coating system.
• Evaluate cure.
• Prepare a final inspection report to engineer and owner.
6. The inspection methods to be implemented for the sandblasting and coating inspections will consist
of visual inspections, mil gauging, holiday testing, profile gauging and atmospheric measuring. All
inspections will verify compliance with the AWWA D102-97 and contract specifications. The
measurement of air temperature, surface temperature, humidity, dew point, coating thickness and
holiday detection will be recorded in an inspectors logbook. The equipment to obtain such
measurements will be supplied by HOT.
7. WORK EXCLUDED: Work required for safely accessing the tank is not included in the cost of this
project. It will be the contractor's responsibility for providing safe access to all areas of the tank for
inspection and testing during the construction. OSHA approved staging will be necessary for the
complete access of the tank.
8. The cost for the above mentioned services is based on a $75.00 per hour fee and is estimated as
listed below for each phase of the project. If re-inspections are necessary due to contractor
performance deficiencies and non-conformance issues during the construction phase, the additional
time will be documented and billed at the rate above.
Exhibit C
Work Schedule
TASKS 2007 2008 2009
A S 0 WD J FIM ' A ! M ; J J A � S 01 N
C i i j_A —S
Noticeto Proceed-September 28,2007 X D J I F M A
Engineering Design
Environmental Assessment and Permitting
Geotechnical Investigations
Surveying(if needed)
50%Plans and Specifications
-January 4, 2008
City Completes Review(5 days)-January 11, 2008
X
100%Plans and Specifications-February 29, 2008
City Completes Review(5 days)-March 7, 2008
X
City Approves and Signs Plans-March 21, 2008
Advertise for Bids
-April 3, 10, 17,2008 I fi j
Bid Project-April 29,2008
Award Construction Contract
-May 22,2008
Construction-NTP June 17,2008
Final Completion-June 30, 2009
—7—
As-built Drawings and Project CloseoutI X
Exhibit D
Fee Schedule
Attached Behind This Page
City of Round Rock
RM 14312 MG ELEVATED STORAGE TANK
DESIGN DOCUMENTS PREPARATION
Budget Hours
Sheet Soetflask Description
Project Project Senior Project Admin. TaskSERIES 0000-General projectInformationPrincipal Manage En ine EngineeTechnician Assi n
OG01 Cover Sheet Fe
OG02 Vicinity and Location Map,Sheet Index,and General Notes 4 4 $900
0003 General Legend 8 8 $1,700
OG04 List of Abbreviations 2 4 2 $900
OE01 Electrical Legend and Abbreviations 4 2 $600
01101 Instrumentation Legend and Abbreviations 2 4 2 $900
SERIES 1000-RM 1431 Elevated Tank
2 4 2 $900
1C01 Site Layout 2 2
8 24 24 $7,300
1CO2 Enlarged Site Grading,Paving,and Piping Plan
1003 Access Road and Details 2 2 8 24 24 $7,300
1 C04 Inlet/Outlet Pipeline Plan and Profile 2 4 24 24 $6,200
1P01 Control Valve Piping Plan and Sections 2 2 8 24 24 $7,300
1E01 Electrical Power and Lighting Plan 2 2 8 12 12 $4,700
SERIES 2000-Standard Details 2 8 16 24 $6,000
2G01 Schedule of Openings/Penetrations and Pipe/Conduit Support Details 2
2 8 4 $1 900
2C01 City of Round Rock Standard Details
2CO2 Erosion Control Plan 2 2 8 4 $1,900
2CO3 Site Details 2 2 4 8 $2,000
2P01 Composite Elevated Storage Reservoir Details 2 2 8 24 16 $6,300
21`02 Discharge Structure Plan,Sections,and Detail 2 2 12 12 $3,300
2PO3 Buried Piping Details 2 2 R:i 30D
2EO1 Electrical Details and Schedules 12 12 $3,300
6
PROJECT MANUAL 16 16 $4,700
Division 0-Bidding Requirements&Conditions 2 16
Division 1-General Requirements 8 8 $4,100
Division 2-Site Work 2 16 8 8 $4,100
Division 3-Concrete 2 24 24 16 $7,400
Division 8-Doors and Windows 2 8 8 8 $2,900
Division 9-Finishes 2 4 8 4 $2,000
Division 10-Specialties 2 8 24 8 $4,500
Division 11-Equipment 2 2 4 4 $1,300
Division 13-Special Construction 2 8 24 16 $5,000
Division 15-Mechanical 2 24 40 24 $9,600
Division 16-Electrical 2 16 24 16 $6,200
MISCELLANEOUS TASKS 2 8 16 8 $3,700
HOT Inspection Services-Plan and Specification Reviews(Subconsultant)
Environmental Site Assessment and Permitting: $3,000
Meetings: 30 8 4 4 $6,100
24 Weeks Est,Project Duration
4 Week Interval between Client Meetings
4 Hours per Client Meeting:
Total Meeting Hours: 4 12
Project Administration 24 16
40 $8,300
$7,100
LABOR TOTALS
TOTAL DIRECT LABOR FEE TOTAL HOURS 14 100 266 460 240 124
$146,700
TOTAL LABOR FEE
$146,700
REIMBURSABLE DIRECT COSTS
Postage&Delivery 6 Months
Travel Expenses $50.00 per month $300Miscellaneous lump sum mileage $500
Printing&Photocopying(Check Prints 11x17) 6 Months $51.50 per month $309
Telephone 6 Months $0.10 per copy 500 copiestmn $300
Technology Charge: 6 Months $100.00 per month
1204 hours @$4.10/hour $600
$$600
TOTAL REIMBURSABLE DIRECT COSTS
4,936
56,945
SUBCONSULTANTS
Fugro
TOTAL SUBCONSULTANTS $8,950
$8,950
TOTAL DESIGN FEE
5162,595
City of Round Rock
RM 14312 MG ELEVATED STORAGE TANK
BIDDING AND CONSTRUCTION PHASE SERVICES
Budget Hours
Task Description Project Project Senior Project Admin. Task
Principal Manager Engineer Engineer Technician Assist F
BIDDING
Administration
8 Weeks Est.Bid Duration
5 Phone CallstWeek
Hours per Phone Call 0.25 0,25 C
Phone Call Allowance 10 10
Pre-Bid Meeting 20 $5,200
Addenda(Estimated 2 total) 8 10 12 8 $4,700
Correspondence 2 6 16 16 8 $5,300
Recommendation for Award 4 10 16
9 $4,400
LABOR TOTALS 0 24 36 64
16 25
Bidding Expenses
Postage&Delivery 2 Months
Travel Expenses $50.00 per month $100
Miscellaneous lump sum mileage $250Printing&Photocopying 2 Months $50.00 per month $150
Printing of Bid Sets 2 Months $0.10 per copy 500 copieslmn $100
Telephone 25 Sets $100.00 per set $2,500
Technology Charge: 2 Months $100.00 per month
165 hours Q$4.10/hour $675
TOTAL BIDDING FEE
f23,518
CONSTRUCTION
Meetings/Site Visit:
40 Weeks Est.Project Duration
0.5 Site Visits per Week
Hours per Visit 1
Visit Time Allowance 20 60 qp
Pre-Construction Meeting 4 4 $16,600
Correspondence 6 $2,100
2 Hours per Week Project Correspondence
Administrative(monthly reports,files,billing,subcontract admin) g 8 80 40 $10,500
- Construction AdAdministration40 40 30 $15,500
Pay Applications
3 Hours per Contractor Payment Requests 10 20
Submittal Review $3,500
Hours per Shop Drawing Review
47 Shop Drawing Submittals o 3 0 5
Hours per O&M Manaul Review 23.5 141 23.5 $18,900
7 O&M Manuals I 3 0.5
Hours per Misc.Or Resubmittal 7 21 3.5 $3,300
11 Misc and Resubmittal Review(20%) ' 1 0.5
Requests for Information and Field Orders 5.5 11 5.5 $2,300
Hours per Response 0-5
20 Responses 0.5 1
Inspection-Preliminary&Final 10 10 $3,300
Start-up Observation and Advice 8 16 16 $5,400
Record Drawin s-a 4 8 16 16 $4,600
9 pprox 20 sheets
Close-out Document Review 2 2 16 60 $9,400
LABOR TOTALS 8 24 16 $4,700
TOTAL DIRECT LABOR COST T TAL H URS B 0 2 0 4 7 7 160
$100,100
TOTAL LABOR FEE
REIMBURSABLE DIRECT COSTS
3100,100
Postage&Delivery
Travel Expenses 10 Months $50.00 per month $500
Miscellaneous lump sum mileage $1,000
Printing&Photocopying 10 Months $50.00 per month $500
Printing of Record Sets 10 Months $0.10 per copy 200 copies/mn $200
Telephone 10 Sets $100.00 per set $1,000
Technology Charge:
1050.510 hoursMonths $4.10/h $4,305$100 00 per month $1,000
TOTAL REIMBURSABLE DIRECT COSTS
SUBCON8ULTANT8
58,505
HOT Inspection Services-Welding and Coatings Inspection
TOTAL SUBCONSULTANiS $29,805
529,80$
TOTAL CONSTRUCTION FEE
f 138,410
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE Date: 9/05/07
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Companies
444 W. 47h Street, Suite 900
Kansas City, MO 64112
A Zurich American Ins Co—OP,KS
INSURED B American Guarantee&Liab(Zurich)
C Sentry Ins.Co.
HDR Engineering, Inc. D
8404 Indian Hills Drive, Omaha,NE 68114-4049
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
LTR INSURANCE NUMBER DATE DATE LIMITS
A GENERAL LIABILITY GL03504583 611/07 6/1/08 GENERAL AGGREGATE S 2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL&ADV.INJURY S1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Any one fire) S1,000,000
MED.EXPENSE(Any one person) $ 10,000
B AUTOMOBILE LIABILITY BAP3504584 6/1/07
6/1/08 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY(Per person) S
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
B EXCESS LIABILITY (excludes Professional Lia b) 6/1/07 6/1/08 EACH OCCURRENCE
AUC3808400 $1'000,000
AGGREGATE S1,000.000
C WORKERS'COMPENSATION 90-14910-01 6/1/07
6/1/08 STATUTORY LIMITS S Statutory
AND EMPLOYERS'LIABILITY
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT S1,000,000
PROFESSIONAL LIABILITY DISEASE-EACH EMPLOYEE $1,000,000
A EOC9260026-00 6/l/07
6/1/08 PER CLAIM: $1,000,000
AGGREGATE: $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS
Re: 1431 Elevated Storage Tank
The City of Round Rock is named as additional insured with respect to allpolicies 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 SIGN1 URE OFA THORIZED REPRESENTATIVE
221 E.Main Street
Round Rock,Texas 78664
Typed Name:_Ron Lockton
Title:_President
00650—7/2003 Page 1
Certificate of Liability Insurance
DATE: September 20, 2007
SUBJECT: City Council Meeting - September 27, 2007
ITEM: 15C1. Consider a resolution authorizing the Mayor to execute an
Engineering Services Contract with HDR, Engineering, Inc. for
the RM 1431 - 2.0 MG Elevated Water Storage Tank.
Department: Water and Wastewater Utilities
Staff Person: Michael D. Thane, Director of Utilities
Justification:
The 2.0 Million Gallon (MG) Elevated Water Storage Tank improvement project will allow the
City of Round Rock to maximize our raw water supply from Lake Georgetown/Stillhouse
Hollow, minimize our power costs by reducing run times of our high pressure pumps at the
Water Treatment Plant, and provides additional elevated storage to the City to meet TCEQ
elevated storage requirements for future population projections.
In addition, the storage tank will give the City the ability, as required in our agreement with
the City of Cedar Park, to provide them with 4.0 million gallons per day (mgd) of potable water
by the summer of 2009. This elevated water tank is scheduled to be in service by June 2009.
Funding:
Cost: $324,523.00
Source of funds: Capital Project Funds (Self-Financed Utility)
Outside Resources: HDR Engineering, Inc.
Background Information•
With the 2.0 MG Elevated Water Storage Tank improvements, the City will be able to meet our
obligations to the City of Cedar Park. In addition to the 2.0 MG Elevated Water Storage Tank
project, two other projects are required to meet our obligations under the Interlocal Agreement
for Emergency Water Supply between the City of Round Rock and the City of Cedar Park, as
approved by Council on May 24, 2007. These projects are the RM 1431 24" Water Line project
currently under design by K. Friese and Associates, Inc. and the 7.5 MGD High Service Pump
project at our Water Treatment Plant. Cedar Park is contributing $1,000,000 toward these
projects per the agreement.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
ROUND ROCK,TEXAS
PURPOSE.PASSION.PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HDR Engineering,Inc. ("Engineer")
ADDRESS: 4401 West Gate Blvd, Suite 400,Austin,Texas 78745
PROJECT: RM 1431 —2 MG Elevated Water Storage Tank
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the 21day of s m1w r , 2007 by and between the CITY OF ROUND ROCK, a Texas home-
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract Rev.01/07
0140.4632; 121441 00064494
T051431 TK
-o'1-Oq-XI- 15C1 1.
CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled"City Services."
ARTICLE 2
ENGINEERING SERVICES
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
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 Engineering Services 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 Engineering Services
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 Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
2.
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Three Hundred Twenty-four Thousand Five Hundred Twenty-three and No/100
Dollars 0324,523) as shown in Exhibit D. The lump sum amount payable shall be revised equitably
only by written Supplemental Contract in the event of a change in Engineering Services as authorized by
City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
3.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non-disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
Don M. Rundell, P.E. Michael D. Thane, P.E.
Chief Utility Engineer Utilities Director
212 Commerce Cove 212 Commerce Cove
Round Rock, Texas 78664 Round Rock, Texas 78664
Telephone Number: (512) 218-5554 Telephone Number: (512) 218-3236
Fax Number: (512) 218-3242 Fax Number: (512)218-3242
Email Address: drundell(&round-rock.tx.us Email Address: mthaneAround-rock.tx.us
4.
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Darren C. Strozewski, P.E
Project Manager
HDR Engineering, Inc.
4401 West Gate Blvd, Suite 400
Austin, TX 78745
Telephone Number: (512) 912-5170
Fax Number: (512) 912-5158
Email Address: dstrozew@hdrinc.com
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
5.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by
agreement and signature of both parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
6.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms of this Contract are the exclusive property of City and shall be furnished to
City upon request. All documents prepared by Engineer and all documents furnished to Engineer by
City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Contract.
ARTICLE 15
PERSONNEL,EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
7.
ARTICLE 17
EVALUATION OF ENGINEERING SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less than thirty(30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at that time. Should City terminate this Contract under Subsection (4) immediately
8.
above, then the amount charged during the thirty-day notice period shall not exceed the amount charged
during the preceding thirty(30)days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
9.
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until after the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON-COLLUSION.FINANCIAL INTEREST PROHIBITED
(1) Non-collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission,percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
otherwise acceptable to City. Engineer shall also notify City, within twenty-four(24)hours of receipt, of
any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its
insurer.
10.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section(3).
Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled"Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Engineer for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
11.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
12.
Engineer:
Darren C. Strozewski, P.E
HDR Engineering, Inc.
4401 West Gate Blvd, Suite 400
Austin, TX 78745
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion,judgment, approval, review, or determination of either party hereto, such terms are
13.
not intended to be and shall never be construed as permitting such opinion,judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above-stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor and Engineer, signing by and through its
duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY OF FOUND ROC , TE APPROVED AS TO FORM:
By: L
ell, Mayor Stepha L. Sheets,4City Attorney
ATTEST:
By. 1 ,, ? '
Christine Martinez, City Secretary
HDR ENGINEERING, INC.
By:
Neil , P enio V ce President
14.
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2)Exhibit B Engineering Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
15.
Exhibit A
City Services
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, and water transmission lines and
on-site piping information for the RM 1431 Standpipe site.
2. Provide as-built or construction drawings of existing utilities and locate existing utilities as
requested by Engineer.
3. Assist Engineer in visiting the RM 1431 tank site and associated piping as needed to finalize site
layout for the tank.
4. Provide timely review of construction plans,technical specifications,and contract documents.
5. Provide assistance with coordination with Private Property Owners.
6. Provide site acquisition or easement acquisition documents to Engineer of tank site.
Exhibit B
Engineering Services
DESIGN PHASE
1. Establish the scope, and advise the City, of any additional soil and foundation investigations or any
special testing which, in the opinion of the Engineer, may be required for the proper execution of the
Project. A scope of work, fees, and performance schedule has been developed and the work will be
completed by Fugro, Inc. under a subconsultant agreement with the Engineer.
2. Establish the probable cost of construction and advise the City of any changes to this cost prior to
advertising the project.
3. Furnish to the City, where required by the circumstances of the assignment, the engineering and/or
survey 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). The Engineer shall also assist the City in obtaining approval of the
aforementioned routine permit applications from local, state, and federal authorities.
4. Perform field surveys to collect information, which in the opinion of the Engineer, is required in the
design of the Project. The City has already obtained a topographic survey of the site with easement
boundary as performed by Inland Geodetics. The Engineer will use this survey for design plans. If
additional surveying is identified, Engineer will notify City and receive approval to exercise the time
and material fee allocated in this proposal to obtain additional survey. The Construction Plans
developed under this contract will be tied to the City of Round Rock's Horizontal and Vertical
Control Network. Construction staking of the new tank site is not included in the fee for
Construction Phase services.
5. Prepare specifications and contract drawings, for construction authorized by the City and submit to
the applicable local and state agencies for approval.
6. 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.
7. 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.
8. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed
estimates of Construction Cost, if any, prepared by Engineer, represent Engineer's judgment as a
design professional familiar with the construction industry. It is recognized, however, that neither
Engineer nor the City has control over the cost of labor, materials or equipment; over the
Contractor's methods of determining bid prices; or over competitive bidding, market or negotiating
conditions. Accordingly, Engineer cannot and does not warrant or represent that bids or negotiated
prices will not vary from the City's Project budget or from any estimate of Construction Cost or
evaluation prepared or agreed to by Engineer.
9. Furnish the City all necessary copies of review sets and final approved plans, specifications, notices
to bidders, and proposals. Furnish two sets of half sized prints and two sets of full sized prints of
signed and approved drawings, electronic files(AutoCAD 2000i on CD ROM) to the City.
10. Provide information on utilities to be relocated in connection with the project. The City will provide
excavation to determine location and depth of underground water and sewer lines. Utilities to be
relocated by others shall be noted on the plans. City-owned utilities to be relocated shall also be
noted on the plans. Where feasible, relocation of City-owned utilities shall be included in the
construction contract.
BIDDING PHASE
1. Assist City in advertising for and obtaining proposals or negotiating proposals for the prime contract
for construction materials, equipment and services to be performed by a contractor for the project
(hereinafter called "Work"); and, where applicable, maintain a record of prospective bidders to
whom Contract Documents have been issued, attend pre-bid conference and receive and process
deposits for Contract Documents.
2. Issue addenda as appropriate to interpret, clarify or expand the Contract Documents.
3. Consult with City to determine the acceptability of substitute materials and equipment proposed by
potential contractor(s) when substitution prior to the award of contracts is allowed by the Contract
Documents.
4. Attend and conduct the bid opening and prepare bid tabulation sheets. Evaluate bids or proposals;
prepare bid tabulation sheets and letter recommending award of contract to the lowest and most
qualified bidder and in assembling and awarding contracts for construction materials, equipment and
services.
CONSTRUCTION PHASE
1. Consult with and advise City as set forth herein and as provided in the General Conditions and
Supplementary General Conditions of the Contract for Construction included in the Contract
Documents for the project. The extent and limitations of the duties and responsibilities of Engineer
as assigned in said Contract Documents shall not be modified, except as Engineer may otherwise
agree in writing. City shall issue all instructions to the contractor performing the Work (hereinafter
called "Contractor") except as otherwise provided in writing.
2. Make periodic visits to the site to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the Contract Documents. In
performing this service, the Engineer will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the work or material; he will not be responsible for the
techniques and sequences of construction or the safety precautions incident thereto, and he will not
be responsible or liable in any degree for the contractors' failure to perform the construction work in
accordance with the Contract Documents. During visits to the construction site, and on the basis of
the Engineer's on-site observations as an experienced and qualified design professional, he will keep
the City informed of the extent of the progress of the work, and advise the City of material and
substantial defects and deficiencies in the work of contractors which are discovered by the Engineer
or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of
the City, exercise whatever rights the City may have to disapprove work and materials as failing to
conform to the Contract Documents.
3. Attend and conduct the monthly progress/coordination meeting with the city, contractor and others
including review of the project schedule. 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
(AutoCAD 20001 on CD ROM), and two sets of prints of the record drawings to the City. Because
data stored in electronic media format can deteriorate or be modified inadvertently or otherwise
without authorization of the data's creator, the party receiving electronic files agrees that it will
perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed
to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period
will be corrected by the party delivering the electronic files. Engineer shall not be responsible to
maintain documents stored in electronic media format after acceptance by the City. When transferring
documents in electronic media format, Engineer makes no representations as to long term
compatibility, usability, or readability of documents resulting from the use of software application
packages, operating systems, or computer hardware differing from those used by Engineer at the
beginning of this Project. The City may make and retain copies of Documents for information and
reference in connection with use on the Project by the City. Such Documents are not intended or
represented to be suitable for reuse by the City or others on extensions of the Project or on any other
project. Any such reuse or modification without written verification or adaptation by Engineer, as
appropriate for the specific purpose intended, will be at the City's sole risk and without liability or
legal exposure to Engineer or to Engineer's subconsultants. The City shall indemnify and hold
harmless Engineer and Engineer's subconsultants from all claims, damages, losses, and expenses,
including attorneys' fees arising out of or resulting there from. If there is a discrepancy between the
electronic files and the hard copies,the hard copies will govern.
13. Compile, review, and comment on operation and maintenance manuals, which will be provided by
Contractor in accordance with the Contract Documents.
14. Assist City staff during start-up of the project. The Engineer shall provide technical support and
professional advice regarding any unforeseen problems with the operation and maintenance of the
Project for a period of 1 year to the City.
WELDING AND COATING INSPECTION PHASE
1. Conduct on site visits to provide Quality Assurance Surveillance and observe the progress and
quality of the executed work in accordance with the Contract Documents. In performing these
services, reasonable measures will be taken to protect the Owner/Engineer against defects and
deficiencies in the work of the Contractor. Responsibility for the actual supervision of construction
operations or for the safety measures that the contractor takes or should take cannot be guaranteed.
2. HOT proposes to provide an AWS Certified Welding Inspector and NACE Certified Coating
Inspector on the referenced project for the City of Round Rock and HDR Engineering. The
objective of this project is to provide quality assurance surveillance of the erection, welding,
sandblasting, and painting during the construction of the referenced water tank. Inspection and
testing visits will be strategic and at the discretion of the Owner/Engineer. The services to be
provided will include the following:
Welding, Fabrication and Erection Ins ection
• Review tank project drawings to provide comments and recommendations.
• Review welder qualification records, welding procedures, and mill test reports before any
welding commences.
• Verify proper welding electrodes and electrode storage to be used on project.
• Conduct inspections on shop fabricated components.
• Conduct inspection of tank erection practices and fit-up.
• Conduct Certified Welding Inspection per AWWA D100 during construction.
• Approve Radiographic Testing as per AWWA D100 Section 14.
• Witness leak testing of floor welds and penetrations.
3. The inspection methods to be implemented for the above inspection will consist of Visual Testing.
All inspections will verify compliance with the Contract Specifications. An AWS Certified Welding
Inspector and NDE Level III will conduct all welding inspections.
4. Shop fabricated items will be inspected on site as they arrive unless the owner requests a shop visit.
The fabrication and weld quality will be inspected for compliance to AWWA D100-96. If the owner
requires a shop inspection, it shall consist of a visual inspection of the fabricating practices and
operations to determine compliance with the AWWA Standard. All travel and labor expenses will
be charged as additional expenses
5. Sandblasting and Coating Inspection
• Review coating specifications and make comments/recommendations.
• Pre-surface preparation inspection.
• Measurement of ambient conditions.
• Evaluation of compressor and surface preparation equipment.
• Determination of surface preparation cleanliness and profile.
• Inspection of application equipment.
• Witnessing coating mixing.
• Inspecting coating application.
• Determination of wet film thickness.
• Determination of dry film thickness.
• Evaluating cleanliness between coats.
• Witness contractor conduct holiday testing of the inside coating system.
• Evaluate cure.
• Prepare a final inspection report to engineer and owner.
6. The inspection methods to be implemented for the sandblasting and coating inspections will consist
of visual inspections, mil gauging, holiday testing, profile gauging and atmospheric measuring. All
inspections will verify compliance with the AWWA D102-97 and contract specifications. The
measurement of air temperature, surface temperature, humidity, dew point, coating thickness and
holiday detection will be recorded in an inspectors logbook. The equipment to obtain such
measurements will be supplied by HOT.
7. WORK EXCLUDED: Work required for safely accessing the tank is not included in the cost of this
project. It will be the contractor's responsibility for providing safe access to all areas of the tank for
inspection and testing during the construction. OSHA approved staging will be necessary for the
complete access of the tank.
8. The cost for the above mentioned services is based on a $75.00 per hour fee and is estimated as
listed below for each phase of the project. If re-inspections are necessary due to contractor
performance deficiencies and non-conformance issues during the construction phase, the additional
time will be documented and billed at the rate above.
Exhibit C
Work Schedule
2007 2008 2009
TASKS A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
Notice to Proceed-September 28,2007 X i
Engineering Design
Environmental Assessment and Permitting
Geotechnical Investigations
Surveying(if needed) 1
50% Plans and Specifications-January 4, 2008 i I
City Completes Review(5 days)-January 11, 2008 X
100%Plans and Specifications-February 29, 2008
City Completes Review(5 days)-March 7, 2008 X
City Approves and Signs Plans-March 21, 2008 i
0
Advertise for Bids-April 3, 10, 17,2008
Bid Project-April 29,2008
Award Construction Contract-May 22,2008
Construction-NTP June 17,2008
Final Completion-June 30, 2009 X
As-built Drawings and Project Closeout
Exhibit D
Fee Schedule
Attached Behind This Page
City of Round Rock
RM 14312 MG ELEVATED STORAGE TANK
DESIGN DOCUMENTS PREPARATION
Budget Hours
Project Project Senior Project Admin. Task
Sheet Sheet(Task Description Principal Manaaer Enginee Enaineer Technician Assistant
gg
SERIES 0000-General Project Information
OG01 Cover Sheet 4 4
OG02 Vicinity and Location Map,Sheet Index,and General Notes 00
8 8 $$9$900
OG03 General Legend
OG04 List of Abbreviations 2 4 2 $9004 2 $600
OE01 Electrical Legend and Abbreviations 2 4 2 $600
01101 Instrumentation Legend and Abbreviations 2 4 2 $900
SERIES 1000-RM 1431 Elevated Tank
1C01 Site Layout 2 2 8 24 24 $7,300
1CO2 Enlarged Site Grading,Paving,and Piping Plan 2 2 824 24 $7,300
1CO3 Access Road and Details 2 4 24 24 $6,200
1C04 InlettOutlet Pipeline Plan and Profile 2 2 8 24 24 $7,300
1P01 Control Valve Piping Plan and Sections 2 2 8 12 12 $4,700
1E01 Electrical Power and Lighting Plan 2 8 16 24 $6,000
SERIES 2000-Standard Detalls
2GO1 Schedule of Openings/Penetrations and Pipe/Conduit Support Details 2 2 8 4 $1,900
2C01 City of Round Rock Standard Details 2 2 8 4 $1,900
2002 Erosion Control Plan
2CO3 Site Details 2 2 4 8 $2,0002 2 8 24 16 $6,300
2P01 Composite Elevated Storage Reservoir Details 2 2 12 12 $3,300
2P02 Discharge Structure Plan,Sections,and Detail
2P03 Buried Piping Details 2 2 12 12 $3 3on
2EO1 Electrical Details and Schedules $3,300
8 16 16 $4,700
PROJECT MANUAL
Division 0-Bidding Requirements&Conditions 2 16 8 8 $4,100
Division 1-General Requirements 2 16 8 8 $4,100
Division 2-Site Work
Division 3-Concrete 2 24 24 16 $7,4002 8 8 8 $2 900
Division 8-Doors and Windows 2 4 8 4 $2,000
1
Division -Finishes 2 8 24 8 $4,500
Division 10-Specialties 2 2 4 4 $1 300
Division 11-Equipment 2 8 24 16 $5,000
Division 13-Special Construction 2 24 40 24 $9,600
Division 15-Mechanical
Division 16-Electrical 2 8 26 8 $6,200
$3,700
MISCELLANEOUS TASKS
HOT Inspection Services-Plan and Specification Reviews(Subconsultant)
Environmental Site Assessment and Permitting: $3,000
Meetings: 30 8 4 4 $6,100
24 Weeks Est.Project Duration
4 Week Interval between Client Meetings
4 Hours per Client Meeting:
Total Meeting Hours:
Project Administration 4 40 12 24 16 $8,100
LABOR TOTALS
TOTAL DIRECT LABOR FEE TOTAL HOURS 14 100 266 460 240 124
$146,700
TOTAL LABOR FEE
$146,700
REIMBURSABLE DIRECT COSTS
Postage&Delivery 6 Months $50.00 month
Travel Expenses p er $500
Miscellaneous lump sum mileage
Printing&Photocopying(Check Prints 11x17) 6 Months $51.50 per month6 Months $0.10 $309
Telephone percopy opy 500 copies/mn $300
6 Months
Technology Charge: $100.00 per month $600
1204 hours @$4.10/hour $4,936
TOTAL REIMBURSABLE DIRECT COSTS
$6,945
SUBCONSULTANTS
Fugro
$8,950
TOTAL SUBCONSULTANTS
$8,950
TOTAL DESIGN FEE
$162,595
City of Round Rock
RM 14312 MG ELEVATED STORAGE TANK
BIDDING AND CONSTRUCTION PHASE SERVICES
Budget Hours
Project Project Senior Project Admin. Task
Task Descriotion Principal Manager Engineer Enaineer Technician Assist. Fee
BIDDING
Administration
8 Weeks Est.Bid Duration
5 Phone Calls/Week
Hours per Phone Call 0.25 0.25 0.5
Phone Call Allowance 10 10 20 $5,200
Pre-Bid Meeting 8 10 12 8 $4,700
Addenda(Estimated 2 total)
2 6 16 16 8 $5,300
Correspondence
Recommendation for Award 4 10 16 9 $4,400
LABOR TOTALS 0 24 36 64 16 25
Bidding Expsnsss
Postage&Delivery 2 Months $50.00 per month
Travel Expenses lump sum mileage $100
Miscellaneous 2 Months $50.00 per month $250
Printing&Photocopying 2 Months $0.10 per copy 500 copies/mn $100
Printing of Bid Sets 25 Sets $100.00 per set
Telephone 2 Months $100.00 er moth $$2000
Technology Charge: 165 hours @$4.10/hour $675
TOTAL BIDDING FEE
$23,518
CONSTRUCTION
Meetings/Site Visit
40 Weeks Est Project Duration
0.5 Site Visits per Week
Hours per Visit 1 3 2
Visit Time Allowance 20 60 40 $16,600
Pre-Construction Meeting 4 4 8 $2,100
Correspondence
2 Hours per Week Project Correspondence 80 40 $10,500
Administrative(monthly reports,files,billing,subcontract admin) 8 8 40 40 30 $15,500
CansWegon Adminisindlon
Pay Applications
3 Hours per Contractor Payment Requests 10 20 $3,500
Submittal Review
Hours per Shop Drawing Review 0.5 3 0.5
47 Shop Drawing Submittals 23.5 141 23.5 $18,900
Hours per O&M Manaul Review 1 3 0.5
7 O&M Manuals 7 21 3.5 $3,300
Hours per Misc.Or Resubmittal 0.5 1 0.5
11 Misc and Resubmittal Review(20%) 5.5 11 5.5 $2,300
Requests for Information and Field Orders
Hours per Response 0 5 0.5 1
20 Responses 10 10 $3,300
Inspection-Preliminary&Final 8 16 16 $5,400
Start-up Observation and Advice 4 8 16 16 $4,600
Close-out Document Review
Record Drawings-approx 20 sheets 2 2 16 60 g9,400
8 24 16 $4,700
LABOR TOTALS
TOTAL DIRECT LABOR COST IV TAL H UR 6
$100,100
TOTAL LABOR FEE
$100,100
REIMBURSABLE DIRECT COSTS
Postage&Delivery 10 Months
Travel Expenses $50.00 per month $500
Miscellaneous lump sum mileage $1,000
Printing&Photocopying 10 Months $50.00 per month $500
10 Months $0.10 per copy 200 co
Printing of Record Sets 10 Sets pieslm^ $200
Telephone $100.00 per set $1 000
Technol 10 Months $100.00 per month
ogy Charye: 1050.5 hours @$4.10/hour $4,305
TOTAL REIMBURSABLE DIRECT COSTS
$8,505
SUSCONSULTANTS
HOT Inspection Services-Welding and Coatings Inspection $29,805
TOTAL SUBCONSULTANTS
--
$29,8051
TOTAL CONSTRUCTION FEE
$138,410
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
CERTIFICATE OF LIABILITY INSURANCE Date: 9/05/07
PRODUCER COMPANIES AFFORDING COVERAGE
Lockton Companies
444 W. 47`h Street, Suite 900
Kansas City, MO 64112
A Zurich American Ins Co—OP,KS
B American Guarantee&Liab(Zurich)
INSURED C Sentry Ins.Co.
D
HDR Engineering, Inc.
8404 Indian Hills Drive, Omaha,NE 68114-4049
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
A GENERAL LIABILITY GL03504583 6/l/07 6/1/08 GENERAL AGGREGATE S2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL&ADV.INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Any one fire) $1,000,000
MED.EXPENSE(Any one person) S lo,000
B AUTOMOBILE LIABILITY BAP3504584 6/1/07 6/1/08 COMBINED SINGLE LIMIT $2,000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
B EXCESS LIABILITY (excludes Professional Liab) 6/1/07 6/1/08 EACH OCCURRENCE $1,000,000
AUC3908400 AGGREGATE $1,000,000
C WORKERS'COMPENSATION 90-14910-01 6/1/07 6/1/08 STATUTORY LIMITS S Statutory
AND EMPLOYERS'LIABILITY EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
PROFESSIONAL LIABILITY
A EOC9260026-00 6/l/07 6/1/08 PER CLAIM: $1,000,000
AGGREGATE: $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
Re: 1431 Elevated Storage Tank
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 1
City of Round Rock Nr. URE OFA HORIZED REPRESENTATIVE
221 E.Main Street SIG
Round Rock,Texas 78664 411)kfff
Typed Name: Ron Lockton
Title:_President
Page 1
00650—7/2003 Certificate of Liability Insurance