R-01-09-13-15F2 - 9/13/2001 RESOLUTION NO. R-01-09-13-15F2
WHEREAS, the City of Round Rock desires to retain professional
engineering services for the preparation of plans and specifications
for the replacement of two spans of the Union Pacific Railroad
underpass at A.W. Grimes Boulevard, 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 professional engineering services for the
preparation of plans and specifications for the replacement of two
spans of the Union Pacific Railroad underpass at A.W. Grimes Boulevard,
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.
::ODMA\WORLDOX\0:\WDOX\RESOLUTI\R10913F2.WPD/5C
RESOLVED this 13th day of September, 2001 .
C�" %A �, I
RO A. STLUKA, JRV, Mayor
ATTEST: City of Round Rock, Texas
la4wb
4J - NE LAND, City Secretary
2
Contract No.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made by and between the
City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and
HDR Engineering, Inc., having its principal business address at 2211 South IH 35 Suite 300,
Austin, Texas 78741, hereinafter called 'Engineer" for the purpose of contracting for engineering
services.
WITNESSETH
WHEREAS, Government Code, Chapter 2254, Subchapter A, 'Professional Services
Procurement Act" provides for the procurement of professional services of engineers; and
WHEREAS, the City desires to contract for engineering services described as
follows:
Design Services for the replacement of two (2) spans of the Union Pacific Railroad Underpass at
A.W. Grimes Boulevard. Prepare retrofit details for the affected piers. Coordinate with Union
Pacfic Railroad staff with respect to the UPRR Underpass at A.W. Grimes Boulevard
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do hereby mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES TO BE PROVIDED BY CITY
The City will furnish items and perform those services for fulfillment of the Contract as
identified in the attached Scope of Services, attached hereto and made a part of this Contract.
EXHIBIT
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ARTICLE 2
SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER
The Engineer shall perform those engineering services for fulfillment of the Contract as
identified in the attached Scope of Services, attached hereto and made a part of this Contract.
The Engineer shall prepare a schedule of work identified as Work Schedule, attached
hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so
that the Engineer's Scope of Services under this Contract can be accomplished within the
specified time and contract cost. The Work Schedule will provide specific work sequence and
definite review times by the City and the Engineer of the work performed. If the review time
should take longer than shown on the work schedule, through no fault of the Engineer, additional
contract time will be authorized by the City through a supplemental agreement if requested by a
timely written request from the Engineer and approved by the City.
ARTICLE 3
CONTRACT PERIOD
After execution of this Contract, the Engineer shall not proceed with the work outlined
under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This
Contract shall terminate at the close of business on December 31, 2003 unless extended by
written supplemental agreement duly executed by the Engineer and the City prior to the date of
termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as
provided in Article 19 - Termination. Any work performed or cost incurred after the date of
termination shall be ineligible for reimbursement.
The Engineer shall notify the City in writing as soon as possible if it determines, or
reasonably anticipates, that the work under this Contract cannot be completed before the
termination date, and the City may, at its sole discretion, extend the contract period by timely
supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer
shall allow adequate time for review and approval of the request for time extension by the City
prior to expiration of this Contract.
ARTICLE 4
COMPENSATION
The lump sum amount payable under this Contract without modification of the Contract
is $229,833 as shown in the attached Fee Summary. The lump sum amount payable may be
revised by supplemental agreement in the event of a change in scope, additional complexity from
that originally anticipated or character of work as authorized by the City.
The Engineer shall prepare and submit to the City monthly progress reports in sufficient
detail to support the progress of the work and in support of invoice requesting monthly payment.
Any preferred format will be identified in the scope of services. Satisfactory progress of work
shall be maintained as a condition of payment.
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The fee may be adjusted if additional work is approved by supplemental agreement and
performed by the Engineer.
ARTICLE 5
METHOD OF PAYMENT
Payments to the Engineer for services rendered will be made while work is in progress.
The Engineer will prepare and submit to the City, no more frequently than once per month, a
progress report stating the percent completion of the work accomplished during the billing period
and to date, and one original and one copy of a certified invoice in a form acceptable to the City.
Payment of the lump sum fee will be in proportion to the percent completion of the work tasks
identified in the attached Fee Summary. Upon receipt and approval of each statement, the City
shall make a good faith effort to pay the amount which is due and payable within thirty(30) days.
The City shall reserve the right to withhold payment pending verification of satisfactory work
performed. The Engineer must submit adequate proof to the City that the task was completed.
The certified statements shall show the total amount earned to the date of submission and
the amount due and payable as of the date of the current statement. Final payment does not
relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from
its negligence.
ARTICLE 6
NOTICE TO PROCEED
The City will issue a written authorization to proceed with the work identified in the
scope of services. The City shall not be responsible for actions by the Engineer or any costs
incurred by the Engineer relating to additional work not included in the attached Scope of
Services to be Provided by the Engineer.
ARTICLE 7
PROGRESS
The Engineer shall, from time to time during the progress of the work, confer with the
City. The Engineer shall prepare and present such information as may be pertinent and necessary,
or as may be requested by the City, in order to evaluate features of the work.
At the request of the City or the Engineer, conferences shall be provided at the Engineer's
office, the office of the City, or at other locations designated by the City. These conferences shall
also include evaluation of the Engineer's services and work when requested by the City.
Should the City determine that the progress in production of work does not satisfy the
Work Schedule, the City shall review the work Schedule with the Engineer to determine
corrective action needed.
The Engineer shall promptly advise the City in writing of events which have a significant
impact upon the progress of the work, including:
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(1) problems, delays, adverse conditions which will materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; this disclosure will be
accompanied by statement of the action taken, or contemplated, and any City
assistance needed to resolve the situation; and
(2) favorable developments or events which enable meeting the work schedule goals
sooner than anticipated.
ARTICLE 8
SUSPENSION
Should the City desire to suspend the work, but not terminate the Contract, this may be
done by thirty (30) calendar days verbal notification followed by written confirmation from the
City to that effect. The thirty day notice may be waived in writing by both parties. The work may
be reinstated and resumed in full force and effect within sixty (60) days of receipt of written
notice from the City to resume the work. The sixty day notice may be waived in writing by both
parties.
If the City suspends the work, the contract period as determined in Article 3 is not
affected and the Contract will terminate on the date specified unless the Contract is amended.
The City assumes no liability for work performed or costs incurred prior to the date
authorized by the City to begin work, during periods when work is suspended, or subsequent to
the contract completion date.
ARTICLE 9
ADDITIONAL WORK
If the Engineer is of the opinion that any work it has been directed to perform is beyond
the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing.
In the event the City finds that such work does constitute extra work and exceeds the maximum
amount payable, the City shall so advise the Engineer and a written supplemental agreement will
be executed between the parties as provided in Article 11. The Engineer shall not perform any
proposed additional work or incur any additional costs prior to the execution, by both parties, of
a supplemental agreement. The City shall not be responsible for actions by the Engineer or any
costs incurred by the Engineer relating to additional work not directly associated with the
performance of the work authorized in this Contract or as amended.
ARTICLE 10
CHANGES IN WORK
If the City finds it necessary to request changes to previously satisfactorily completed
work or parts thereof which involve changes to the original scope of services or character of
work under the Contract, the Engineer shall make such revisions if requested and as directed by
the City. This will be considered as additional work and paid for as specified under Article 9 -
Additional Work.
engcontrc.wpd/Spe"W Page 4 of 13
The Engineer shall make such revisions to the work authorized in this Contract which has
been completed as are necessary to correct errors appearing therein, when required to do so by
the City. No additional compensation shall be paid for this work.
ARTICLE 11
SUPPLEMENTAL AGREEMENTS
The terms of this Contract may be modified by supplemental agreement if the City
determines that there has been a significant change in (1) the scope, complexity or character of
the service to be performed; or (2) the duration of the work. Additional compensation, if
appropriate, shall be identified as provided in Article 4.
Any supplemental agreement must be executed by both parties within the contract period
specified in Article 3 - Contract Period.
It is understood and agreed that no claim for extra work done or materials furnished shall
be made by the Engineer until full execution of the supplemental agreement and authorization to
proceed is granted by the City. The City reserves the right to withhold payment pending
verification of satisfactory work performed.
ARTICLE 12
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 the City and
shall be furnished to the City upon request. All documents prepared by the Engineer and all
documents furnished to the Engineer by the City shall be delivered to the City upon completion
or termination of this Contract. The Engineer, at its own expense, may retain copies of such
documents or any other data which it has furnished the City under this Contract. Release of
information shall be in conformance with the Texas Open Records Act.
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ARTICLE 13
PERSONNEL, EQUIPMENT AND MATERIAL
The Engineer shall furnish and maintain, at its own expense, quarters for the performance
of all services, and adequate and sufficient personnel and equipment to perform the services as
required. All employees of the Engineer shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion
of the City, is incompetent, or whose conduct becomes detrimental to the work, shall
immediately be removed from association with the project when so instructed by the City. The
Engineer certifies that it presently has adequate qualified personnel in its employment for
performance of the services required under this Contract, or will be able to obtain such personnel
from sources other than the City.
The Provider may not change the Project Manager without prior consent of the City.
ARTICLE 14
SUBCONTRACTING
The Engineer shall not assign, subcontract or transfer any portion of the work under this
Contract without prior written approval from the City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing,by the City prior
to work being performed under the subcontract.
No subcontract relieves the Engineer of any responsibilities under this Contract.
ARTICLE 15
EVALUATION OF WORK
The City and any authorized representatives, shall have the right at all reasonable times to
review or otherwise evaluate the work performed or being performed hereunder and the premises
in which it is being performed. If any review or evaluation is made on the premises of the
Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all
reasonable facilities and assistance for the safety and convenience of the City or USDOT
representatives in the performance of their duties.
engcontrc.wp&spectw
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ARTICLE 16
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the
City before final report is issued. The City's comments on the Engineer's preliminary report will
be addressed in the final report.
ARTICLE 17
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of Contract terms or breach of contract by the Engineer shall be grounds for
termination of the Contract and any increased cost arising from the Engineer's default, breach of
contract or violation of contract terms shall be paid by the Engineer.
ARTICLE 18
TERMINATION
The Contract may be terminated before the stated termination date by any of the
following conditions.
(1) By mutual agreement and consent, in writing of both parties.
(2) By the City by notice in writing to the Engineer as a consequence of failure by the
Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the
Engineer upon not less than thirty(30) days written notice to the Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should the 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 the Engineer. In determining the
value of the work performed by the Engineer prior to termination, the City shall be the sole
judge. Compensation for work at termination will be based on a percentage of the work
completed at that time. Should the City terminate this Contract under (4) of the paragraph
identified above, the amount charged during the thirty (30) day notice period shall not exceed the
amount charged during the preceding thirty(30) days.
If the Engineer defaults in the performance of this Contract or if the City terminates this
Contract for fault on the part of the Engineer, the City will give consideration to the actual costs
incurred by the Engineer in performing the work to the date of default, the amount of work
required which was satisfactorily completed to date of default, the value of the work which is
usable to the City, the cost to the City of employing another firm to complete the work required
and the time required to do so, and other factors which affect the value to the City of the work
performed at the time of default.
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The termination of this Contract and payment of an amount in settlement as prescribed
above shall extinguish all rights, duties, and obligations of the City and the Engineer under this
Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this
Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take
over the project and prosecute the work to completion. In such case, the Engineer shall be liable
to the City for any additional cost occasioned the City.
The Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of the procurement made by the Engineer in support of the scope of services
under this Contract.
ARTICLE 19
COMPLIANCE WITH LAWS
The 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, worker's compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the Engineer
shall furnish the City with satisfactory proof of its compliance therewith.
ARTICLE 20
INDEMNIFICATION
The Engineer shall save harmless the City and its officers and employees from all claims
and liability due to activities of itself, its agents, or employees, performed under this Contract and
which are caused by or result from error, omission, or negligent act of the Engineer or of any
person employed by the Engineer. The Engineer shall also save harmless the City from any and
all expense, including, but not limited to, attorney fees which may be incurred by the City in
litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a
result of such activities by the Engineer, its agents, or employees.
ARTICLE 21
ENGINEER'S RESPONSIBILITY
The Engineer shall be responsible for the accuracy of its work and shall promptly make
necessary revisions or corrections resulting from its errors, omissions, or negligent acts without
compensation. The Engineer's responsibility for all questions arising from design errors and/or
omissions will be determined by the City. The Engineer will not be relieved of the responsibility
for subsequent correction of any such errors or omissions or for clarification of any ambiguities
until after the construction phase of the project has been completed.
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ARTICLE 22
ENGINEER'S SEAL
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of
the State Board of Registration for Professional Engineers.
ARTICLE 23
NONCOLLUSION
The Engineer warrants that it has not employed or retained any company or persons, other
than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and
that 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, the City shall have the right to
annul this Contract without liability or, in its discretion, to deduct from the contract price or
compensation, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
ARTICLE 24
INSURANCE
The Engineer shall furnish the City a properly completed Certificate of Insurance
approved by the City prior to beginning work under this Contract and shall maintain such
insurance through the contract period. The completed Certificate of Insurance shall be attached
hereto and identified as Attachment G.
ARTICLE 25
INSPECTION OF ENGINEER'S BOOKS AND RECORDS
AND AUDIT REQUIREMENTS
The City shall have the exclusive right to examine the books and records of the Engineer
for the purpose of checking the amount of work performed by the Engineer at the time of contract
termination. The Engineer shall maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and shall make such materials available at its office
during the contract period and for four (4) years from the date of final payment under this
Contract or until pending litigation has been completely and fully resolved, whichever occurs
last. The City or any of its duly authorized representatives, shall have access to any and all books,
documents, papers and records of the Engineer which are directly pertinent to this Contract for
the purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
The Engineer warrants that the representations included in the Debarment Certification
(Negotiated Contracts) submitted with the offer to provide services are current and still valid.
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ARTICLE 27
COPYRIGHTS
The 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 the Engineer for
governmental purposes.
ARTICLE 28
COMPUTER GRAPHICS FILES
The Engineer agrees to comply with the Special Provision "Computer Graphics Files for
Document and Information Exchange,"if determined by the City to be applicable to this Contract
and if so stated in the scope of services and attached hereto.
ARTICLE 29
SUCCESSORS AND ASSIGNS
The Engineer, and the City, do hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors, executors,
administrators, and assigns of such other party in respect to all covenants of this Contract. The
Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior
written consent of the City.
ARTICLE 30
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, 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.
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ARTICLE 31
PRIOR CONTRACT SUPERSEDED
This Contract constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein.
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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 address:
City of Round Rock Engineer
Attn.: City Manager Attn.: George E. Tillett
221 E. Main St. 2211 South 1H 35 Suite#300
Round Rock, TX 78664 Austin, Texas 78741
with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, Texas 78664
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ARTICLE 33
SIGNATORY WARRANTY
The undersigned signatory or signatories for the Engineer hereby represent and warrant
that the signatory is an officer of the organization for which he or she has executed this Contract
and that he or 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 the City to
enter into this Contract.
IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate.
THE ENGINE
By: GW , ,. , V u,
Signature
James K. (Ken) Haney, P.E.
Printed Name
Executive Vice President
Title
August 24, 2001
Date
City of Round Rock
By:
Mayor
LIST OF ATTACHMENTS
Scope of Services
Work Schedule
Fee Summary
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SCOPE OF SERVICES
UPRR PERMITTING ASSISTANCE FOR
REALIGNED RAILROAD UNDERPASS—A.W. GRIMES BOULEVARD
ROUND ROCK, TEXAS
HDR Engineering, Inc. (HDR) shall provide design services to the City of Round Rock (City) for
the design of repairs to three piers and the design of two replacement spans of the Union Pacific
Railroad (UPRR) bridge to be included in the construction documents of A.W. Grimes
Boulevard below the existing UPRR structure. The proposed A.W. Grimes Boulevard is a multi-
lane facility that is proposed to cross under two separate spans of the existing structure. The
roadway design for A.W. Grimes Boulevard is being designed by others under separate contract
with the City. The HDR plans and specs will be provided to the other city consultant for
inclusion into their construction documents.
HDR proposes to provide professional engineering services to the City for the final design and
post design services for the UPRR bridge over the proposed A.W. Grimes Boulevard in Round
Rock, Texas. The objective of the final design and post design services will consist of developing
bridge construction contract documents, providing liaison with UPRR, bid phase responses to
request for clarifications by potential contractors, and limited construction phase services.
1.1 Project Description:Basis of Proposal
The City has the need to replace two (2) spans of the existing UPRR Bridge over Brushy Creek.
The City has asked HDR to provide engineering services for the replacement of these spans. The
final design of the bridge spans will be based on the letter report dated April 12, 2001 developed
in the Concept Design Phase and forms the basis of understanding for this proposal.
1.2 Project Approach
The primary objective of the proposed engineering services is to utilize the letter report to
develop bridge construction contract documents, obtain competitive bids, and provide limited
construction phase services. These limited construction phase services will consist of shop
drawing review, plan clarifications and four (4) site visits.
1.3 Additional Services
The following tasks are not included in this scope of services but may be added by supplemental
agreement if needed by the City. A man-hour and fee estimate for the following additional
services would be prepared by HDR and submitted to the City if requested:
• Complete Construction Phase Services (including full time observation).
• Review of shoring, false work, and value engineering proposals submitted by the contractor.
1
SCOPE OF SERVICES
1.4 Scope of Services
HDR will perform the professional services in the following task plan. A fee estimate for
completing this task plan is presented following this Scope of Services.
Task A—Final Bridge Design
Task Objective:
Develop final drawings for the bridge based on the letter report recommending span type, size,
location, and pier repairs.
HDR Activities
HDR will:
• Review the letter report, prepared by HDR, and related roadway drawings prepared for the
City's consultant.
• Design and detail two (2)new through plate girder spans.
• Both spans to use identical superstructures.
• Spans are to be ballast deck supported by steel floor deck and floor beams.
• Ties supporting rail will be timber.
• Design and detail pier cap repairs.
• Design and detail concrete pier jackets for the piers supporting the new through plate girders.
• Develop estimated quantities, general notes, and item reference notes for inclusion in
construction contract documents.
— Estimated quantities will be based on the Texas Department of Transportation Standard
Specifications for Highways, Streets and Bridges Series 1993 (TxDOT Std. Specs.).
• Develop Special Provisions for items not covered in the TxDOT Std. Specs.
• Develop a proposed construction sequence for the bridge and associated track construction.
City Activities
The City will:
• Provide topographic survey data for the bridge design.
• Provide roadway design data and construction plans for A.W. Grimes Boulevard at the bridge
site to be used in the design of the bridge.
Task Deliverables:
• Mylar drawings, signed and sealed, by a licensed Texas Registered Professional Engineer.
• Special provisions for items not covered in the TxDOT Std. Specs.
• Special provisions in MS Word format on compact disc.
Key Understandings:
TxDOT Std. Specs. shall apply to construction work on this project.
2
SCOPE OF SERVICES
The quantities and item reference notes will be configured and formatted in the standard TxDOT
format.
Planned Meetings:
Design Review Meetings—HDR will attend a maximum of four(4) design review meetings with
the City. HDR's Project Manager will attend these meetings at the City's office in Round Rock,
Texas. HDR's Project Engineer to attend one (1) of these meetings.
Design Coordination Meetings—HDR's Project Manager will attend a maximum of three (3)
design coordination meetings with the City's Roadway Design Consultant at the City's office in
Round Rock, Texas. HDR's Project Engineer will attend one (1) of these meetings.
Task B—Railroad Design Review Coordination
Task Objective:
Obtain and respond to UPRR design and plan review comments for the bridge span
replacements.
HDR Activities:
HDR will:
• Submit Preliminary Plans for the bridge span replacements to UPRR for comment and
approval.
• Respond in writing to UPRR Preliminary Plan review comments.
• Submit 60% review plans and special provisions for the bridge span replacements to UPRR
for comment and approval.
• Respond in writing to UPRR 60% review comments.
• Submit 90% review plans and special provisions for the bridge span replacements to UPRR
for comment and approval.
• Respond in writing to UPRR 90% review comments.
• Submit final drawings and special provisions to UPRR.
City Activities:
The City will:
• Provide HDR with necessary plans of the A.W. Grimes Boulevard roadway to be submitted
as information to UPRR for their review of the bridge plans.
• Provide agreement between UPRR and City for these bridge span replacements.
Task Deliverables:
• 60% review package for UPRR to review.
• 90% review package for UPRR to review.
• UPRR review comments and HDR's responses to these comments.
3
SCOPE OF SERVICES
Key Understandings:
The agreement between UPRR and the City for these bridge span replacements will be in place
prior to the review process.
Planned Meetings:
UPRR Coordination Meetings—HDR's Project Engineer will attend a maximum of four(4)
coordination meetings with UPRR at UPRR's offices in Omaha, NE. HDR's Project Manager
will attend one (1) of these meetings.
Task C—Bid Phase Services
Task Objective:
Provide clarification to potential contractors during the bid phase of the project.
HDR Activities:
HDR will:
• Develop Bridge Span Replacement Drawings to be included in the City's roadway
consultant's drawings. This will include bridge general notes, bridge quantity items, and
bridge item reference notes.
• Prepare bridge related front end bid documents which will be included in the City's roadway
consultant's Notice to Bidders and will include Bridge Bid Tabulation Form, Bridge Bid
Form, Standard Insurance Requirements including Railroad Insurance requirements, and
Special Provisions.
• Respond to prospective bidders questions regarding the bridge and track drawings and related
special provisions.
• Prepare an Engineer's opinion of Probable Construction Cost for the bridge span replacement
project.
City Activities:
The City will:
• Provide coordination and answer questions from prospective bidders in regard to the roadway
construction of A.W. Grimes Boulevard.
Task Deliverables:
• Bridge replacement drawings for inclusion into the City's roadway consultant construction
plans.
• Front-end documents for bridge replacement portion of the construction project.
• Written responses to prospective bidders questions.
• Engineer's Opinion of Probable Construction Cost for the bridge and track portions of the
project.
Key Understandings:
Development for distribution of one (1) addendum is included in this scope of services.
4
SCOPE OF SERVICES
The number of Bid Packages to be put together and provided to the City for distribution will not
exceed fifty (50).
Planned Meeting:
No meetings are anticipated for this task.
Task D—Construction Phase Services
Task Objective:
Provide clarification of contract documents as they pertain to the bridge construction.
HDR Activities
HDR will:
• Provide responses to Contractor's Request for Information (RFI)regarding contract
document clarification for the bridge portion of the project.
• Review submitted shop drawings and working drawings for general compliance with the
contract documents for the bridge portion of the project.
• Redline comments on submitted shop drawings or working drawings and submit back to
Project Resident Construction Engineer.
• Perform a final walk-through at the completion of the bridge construction and provide a
report itemizing those items that need to be completed by the contractor
Task Deliverables:
• Redlined or approved shop drawings or working drawings.
• Written RFI responses as they pertain to the bridge portion of the project.
• Final walk-through report.
Key Understandings:
Shop drawings will be reviewed once.
Contract Document clarifications are not to be a redesign to accommodate contractor's means or
methods or as value engineer submittal reviews.
Planned Meetings:
A total of four(4) site visits will be made by HDR.
• HDR's Project Manager or his representative will attend a pre-construction meeting at the
project site.
• HDR's Project Manager or his representative will make two site visits during construction of
the project.
• HDR's Project Manager and Project Engineer will perform one (1) walk-through of the
bridge construction when construction is substantially complete.
5
SCOPE OF SERVICES
Task E—Project Management
Task Objective:
Plan, organize, control and monitor HDR project team activities. Manage service activities and
deliverables to the City. Implement a work plan specifically developed for the completion of this
Project.
HDR Activities:
HDR will:
• Develop a Project Work Plan.
• Develop a Work Plan for accomplishment of Project.
• Perform Quality Assurance and Control.
It is the policy and objective of HDR to provide and to be acknowledged as an organization that
provides quality services. The "standard of quality"concept wherein objective quality, as well as
other project objectives, is mutually defined between HDR and the client is an inherent part of
the HDR quality program. In order to provide quality services and documents, HDR has in place
a Quality Assurance Program. HDR's QA Program provides a multi-disciplinary system of
management controls backed by quality verification and overview activities (quality control), that
demonstrate completeness and appropriateness of achieved quality.
Monthly Updates
HDR will provide the City with short and concise monthly updates that will be included with the
monthly invoices. These updates will include:
• Progress made during the previous month;
• Anticipated progress for the following month; and
• Statement of any problems encountered during the previous month.
Status report shall be submitted via mail with the project invoices.
Records Management System
Control of project records, report, calculations, technical data and project documentation,
including telephone memoranda, correspondence and photo documentation, will be detailed in
the project specific project guide. All materials will be maintained by HDR in a central file.
Task Deliverables:
Individual Task Deliverables have been outlined in Tasks A-E.
6
Manhour Summary
Project Name: UPRR Underpass-A.W.Grimes
Consultant: HDR Engineering, Inc.
Hours for the Classifications
Tasks Project PM/Senior Project Engineer Drafter/ Steno/ Total
Principal Engineer —Engineer In Training Technician Clerical
Project Administration 8 96 0 24 0 32 160
Bridge Design 16 376 348 306 492 56 1594
Total Hours 24 472 348 330 492 88 1754
Fee Summary
Project Name: UPRR Underpass-A.W.Grimes
___._ �__.__.._.__..._...._._...._ ..._...._................_....
_.._._....___.___.�_.__....__......_.._
Consultant: HDR Engineering, Inc.
LUMP SUM FEE�Y
Cost Component, Hours Total Design Bidding Construction
Project Principal 24 16 4 4
Project Manager/Senior Engr. 472 412 12 48
Project Engineer 348 320 4 24
Engineer-in Training 330 318 8 4
Drafter/Technician 492 372 0 120
Steno/Clerical 88 80 0 8
Total Hours 1754 1518 28 208
Cost Component, Dollars
Project Principal $4,752 $3,168 $792 $792
Project Manager/Senior Engr. $74,765 $65,261 $1,901 $7,603
Project Engineer $45,936 $42,240 $528 $3,168
Engineer-in Training $28,314 $27,284 $686 $343
Sr. Designer/Technician $45,461 $34,373 $0 $11,088
Steno/Clerical $4,792 $4,356 $0 $436
Total Dollars $204,019 $176,682 $3,907 $23,430
Expenses
Engr computers @ $10/hr $7,215 $7,005 $200 $10
Cadd @ $15/hr $11,220 $11,220 $0 $0
Phone, Fax, Postage $550 $370 $120 $60
Photographs $50 $25 $0 $25
Travel $3,152 $2,342 $100 $710
Printing&Copying $1,280 $900 $300 $80
Subtotal $23,467 $21,862 $720 $885
Total Expenses w/10%markup $25,814 $24,048 $792 $974
Total Fee $229,833 $200,730 $4,699 $24,404
TOTALFEE ................................................................$229,833
DATE: September 7, 2001
SUBJECT: City Council Meeting—September 13, 2001
ITEM: 15.17.2. Consider a resolution authorizing the Mayor to execute a Contract for
Engineering Services with HDR Engineering, Inc.for the preparation
of plans and specifications for the replacement of two spans of the
Union Pacific Railroad Underpass at A.W. Grimes Boulevard. This
agreement with HDR Engineering will allow for design services for the
replacement of two spans of the Union Pacific Railroad Underpass at
A.W. Grimes Boulevard, prepare retrofit details for affected piers,
coordinate with Union Pacific Railroad staff with respect to the UPRR
Underpass. The cost of this agreement will be $229,833.
Resource: Jim Nuse, Director of Public Works
Tom Word, Chief Traffic Engineer
History: This agreement with HDR Engineering will allow for design services for the
replacement of two spans of the Union Pacific Railroad Underpass at A.W. Grimes
Boulevard, prepare retrofit details for affected piers, coordinate with Union Pacific
Railroad staff with respect to the UPRR Underpass. The cost of this agreement will
be $229,833. Staff recommends approval.
Funding:
Cost: $229,833.00
Source of funds: Transportation Capital Improvement Program
Outside Resources: HDR Engineering, Inc.
Impact/Benefit: This work is necessary for the completion of A.W. Grimes Boulevard. The
opening of A.W. Grimes Boulevard will greatly enhance mobility for the
residents of Round Rock.
Public Comment: N/A
Sponsor: N/A
EXECUTED
DOCUMENT
FOLLOWS
ORIGINAL
Contract No.
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made by and between the
City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and
HDR Engineering, Inc., having its principal business address at 2211 South IH 35 Suite 300,
Austin, Texas 78741, hereinafter called "Engineer" for the purpose of contracting for engineering
services.
WITNESSETH
WHEREAS, Government Code, Chapter 2254, Subchapter A, 'Professional Services
Procurement Act" provides for the procurement of professional services of engineers; and
WHEREAS, the City desires to contract for engineering services described as
follows:
Design Services for the replacement of two (2) spans of the Union Pacific Railroad Underpass at
A.W. Grimes Boulevard. Prepare retrofit details for the affected piers. Coordinate with Union
Pacfic Railroad staff with respect to the UPRR Underpass at A.W. Grimes Boulevard.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual
covenants and agreements herein contained, do hereby mutually agree as follows:
ARTICLE 1
SCOPE OF SERVICES TO BE PROVIDED BY CITY
The City will furnish items and perform those services for fulfillment of the Contract as
identified in the attached Scope of Services, attached hereto and made a part of this Contract.
Page 1 of 13
ARTICLE 2
SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER
The Engineer shall perform those engineering services for fulfillment of the Contract as
identified in the attached Scope of Services, attached hereto and made a part of this Contract.
The Engineer shall prepare a schedule of work identified as Work Schedule, attached
hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so
that the Engineer's Scope of Services under this Contract can be accomplished within the
specified time and contract cost. The Work Schedule will provide specific work sequence and
definite review times by the City and the Engineer of the work performed. If the review time
should take longer than shown on the work schedule, through no fault of the Engineer, additional
contract time will be authorized by the City through a supplemental agreement if requested by a
timely written request from the Engineer and approved by the City.
ARTICLE 3
CONTRACT PERIOD
After execution of this Contract, the Engineer shall not proceed with the work outlined
under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This
Contract shall terminate at the close of business on December 31, 2003 unless extended by
written supplemental agreement duly executed by the Engineer and the City prior to the date of
termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as
provided in Article 19 - Termination. Any work performed or cost incurred after the date of
termination shall be ineligible for reimbursement.
The Engineer shall notify the City in writing as soon as possible if it determines, or
reasonably anticipates, that the work under this Contract cannot be completed before the
termination date, and the City may, at its sole discretion, extend the contract period by timely
supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer
shall allow adequate time for review and approval of the request for time extension by the City
prior to expiration of this Contract.
ARTICLE 4
COMPENSATION
The lump sum amount payable under this Contract without modification of the Contract
is $229,833 as shown in the attached Fee Summary. The lump sum amount payable may be
revised by supplemental agreement in the event of a change in scope, additional complexity from
that originally anticipated or character of work as authorized by the City.
The Engineer shall prepare and submit to the City monthly progress reports in sufficient
detail to support the progress of the work and in support of invoice requesting monthly payment.
Any preferred format will be identified in the scope of services. Satisfactory progress of work
shall be maintained as a condition of payment.
Page 2 of 13
The fee may be adjusted if additional work is approved by supplemental agreement and
performed by the Engineer.
ARTICLE 5
METHOD OF PAYMENT
Payments to the Engineer for services rendered will be made while work is in progress.
The Engineer will prepare and submit to the City, no more frequently than once per month, a
progress report stating the percent completion of the work accomplished during the billing period
and to date, and one original and one copy of a certified invoice in a form acceptable to the City.
Payment of the lump sum fee will be in proportion to the percent completion of the work tasks
identified in the attached Fee Summary. Upon receipt and approval of each statement, the City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.
The City shall reserve the right to withhold payment pending verification of satisfactory work
performed. The Engineer must submit adequate proof to the City that the task was completed.
The certified statements shall show the total amount earned to the date of submission and
the amount due and payable as of the date of the current statement. Final payment does not
relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from
its negligence.
ARTICLE 6
NOTICE TO PROCEED
The City will issue a written authorization to proceed with the work identified in the
scope of services. The City shall not be responsible for actions by the Engineer or any costs
incurred by the Engineer relating to additional work not included in the attached Scope of
Services to be Provided by the Engineer.
ARTICLE 7
PROGRESS
The Engineer shall, from time to time during the progress of the work, confer with the
City. The Engineer shall prepare and present such information as may be pertinent and necessary,
or as may be requested by the City, in order to evaluate features of the work.
At the request of the City or the Engineer, conferences shall be provided at the Engineer's
office, the office of the City, or at other locations designated by the City. These conferences shall
also include evaluation of the Engineer's services and work when requested by the City.
Should the City determine that the progress in production of work does not satisfy the
Work Schedule, the City shall review the work Schedule with the Engineer to determine
corrective action needed.
The Engineer shall promptly advise the City in writing of events which have a significant
impact upon the progress of the work, including:
Page 3 of 13
(1) problems, delays, adverse conditions which will materially affect the ability to attain
program objectives, prevent the meeting of time schedules and goals, or preclude the
attainment of project work units by established time periods; this disclosure will be
accompanied by statement of the action taken, or contemplated, and any City
assistance needed to resolve the situation; and
(2) favorable developments or events which enable meeting the work schedule goals
sooner than anticipated.
ARTICLE 8
SUSPENSION
Should the City desire to suspend the work, but not terminate the Contract, this may be
done by thirty (30) calendar days verbal notification followed by written confirmation from the
City to that effect. The thirty day notice may be waived in writing by both parties. The work may
be reinstated and resumed in full force and effect within sixty (60) days of receipt of written
notice from the City to resume the work. The sixty day notice may be waived in writing by both
parties.
If the City suspends the work, the contract period as determined in Article 3 is not
affected and the Contract will terminate on the date specified unless the Contract is amended.
The City assumes no liability for work performed or costs incurred prior to the date
authorized by the City to begin work, during periods when work is suspended, or subsequent to
the contract completion date.
ARTICLE 9
ADDITIONAL WORK
If the Engineer is of the opinion that any work it has been directed to perform is beyond
the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing.
In the event the City finds that such work does constitute extra work and exceeds the maximum
amount payable, the City shall so advise the Engineer and a written supplemental agreement will
be executed between the parties as provided in Article 11. The Engineer shall not perform any
proposed additional work or incur any additional costs prior to the execution, by both parties, of
a supplemental agreement. The City shall not be responsible for actions by the Engineer or any
costs incurred by the Engineer relating to additional work not directly associated with the
performance of the work authorized in this Contract or as amended.
ARTICLE 10
CHANGES IN WORK
If the City finds it necessary to request changes to previously satisfactorily completed
work or parts thereof which involve changes to the original scope of services or character of
work under the Contract, the Engineer shall make such revisions if requested and as directed by
the City. This will be considered as additional work and paid for as specified under Article 9 -
Additional Work.
engcontrc.wpd/spectw Page 4 of 13
The Engineer shall make such revisions to the work authorized in this Contract which has
been completed as are necessary to correct errors appearing therein, when required to do so by
the City. No additional compensation shall be paid for this work.
ARTICLE 11
SUPPLEMENTAL AGREEMENTS
The terms of this Contract may be modified by supplemental agreement if the City
determines that there has been a significant change in (1) the scope, complexity or character of
the service to be performed; or (2) the duration of the work. Additional compensation, if
appropriate, shall be identified as provided in Article 4.
Any supplemental agreement must be executed by both parties within the contract period
specified in Article 3 - Contract Period.
It is understood and agreed that no claim for extra work done or materials furnished shall
be made by the Engineer until full execution of the supplemental agreement and authorization to
proceed is granted by the City. The City reserves the right to withhold payment pending
verification of satisfactory work performed.
ARTICLE 12
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 the City and
shall be furnished to the City upon request. All documents prepared by the Engineer and all
documents furnished to the Engineer by the City shall be delivered to the City upon completion
or termination of this Contract. The Engineer, at its own expense, may retain copies of such
documents or any other data which it has furnished the City under this Contract. Release of
information shall be in conformance with the Texas Open Records Act.
engc ontre.wpd/spec tw Page 5 of 13
ARTICLE 13
PERSONNEL, EQUIPMENT AND MATERIAL
The Engineer shall furnish and maintain, at its own expense, quarters for the performance
of all services, and adequate and sufficient personnel and equipment to perform the services as
required. All employees of the Engineer shall have such knowledge and experience as will enable
them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion
of the City, is incompetent, or whose conduct becomes detrimental to the work, shall
immediately be removed from association with the project when so instructed by the City. The
Engineer certifies that it presently has adequate qualified personnel in its employment for
performance of the services required under this Contract, or will be able to obtain such personnel
from sources other than the City.
The Provider may not change the Project Manager without prior consent of the City.
ARTICLE 14
SUBCONTRACTING
The Engineer shall not assign, subcontract or transfer any portion of the work under this
Contract without prior written approval from the City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by the City prior
to work being performed under the subcontract.
No subcontract relieves the Engineer of any responsibilities under this Contract.
ARTICLE 15
EVALUATION OF WORK
The City and any authorized representatives, shall have the right at all reasonable times to
review or otherwise evaluate the work performed or being performed hereunder and the premises
in which it is being performed. If any review or evaluation is made on the premises of the
Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all
reasonable facilities and assistance for the safety and convenience of the City or USDOT
representatives in the performance of their duties.
engeontrc.wpd/spe°`W Page 6 of 13
ARTICLE 16
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by the
City before final report is issued. The City's comments on the Engineer's preliminary report will
be addressed in the final report.
ARTICLE 17
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of Contract terms or breach of contract by the Engineer shall be grounds for
termination of the Contract and any increased cost arising from the Engineer's default, breach of
contract or violation of contract terms shall be paid by the Engineer.
ARTICLE 18
TERMINATION
The Contract may be terminated before the stated termination date by any of the
following conditions.
(1) By mutual agreement and consent, in writing of both parties.
(2) By the City by notice in writing to the Engineer as a consequence of failure by the
Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the
Engineer upon not less than thirty (30) days written notice to the Engineer.
(5) By satisfactory completion of all services and obligations described herein.
Should the 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 the Engineer. In determining the
value of the work performed by the Engineer prior to termination, the City shall be the sole
judge. Compensation for work at termination will be based on a percentage of the work
completed at that time. Should the City terminate this Contract under (4) of the paragraph
identified above, the amount charged during the thirty (30) day notice period shall not exceed the
amount charged during the preceding thirty (30) days.
If the Engineer defaults in the performance of this Contract or if the City terminates this
Contract for fault on the part of the Engineer, the City will give consideration to the actual costs
incurred by the Engineer in performing the work to the date of default, the amount of work
required which was satisfactorily completed to date of default, the value of the work which is
usable to the City, the cost to the City of employing another firm to complete the work required
and the time required to do so, and other factors which affect the value to the City of the work
performed at the time of default.
engcontrc.w pd/spectw Page 7 of 13
The termination of this Contract and payment of an amount in settlement as prescribed
above shall extinguish all rights, duties, and obligations of the City and the Engineer under this
Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this
Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take
over the project and prosecute the work to completion. In such case, the Engineer shall be liable
to the City for any additional cost occasioned the City.
The Engineer shall be responsible for the settlement of all contractual and administrative
issues arising out of the procurement made by the Engineer in support of the scope of services
under this Contract.
ARTICLE 19
COMPLIANCE WITH LAWS
The 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, worker's compensation laws, minimum and maximum salary and
wage statutes and regulations, and licensing laws and regulations. When required, the Engineer
shall furnish the City with satisfactory proof of its compliance therewith.
ARTICLE 20
INDEMNIFICATION
The Engineer shall save harmless the City and its officers and employees from all claims
and liability due to activities of itself, its agents, or employees, performed under this Contract and
which are caused by or result from error, omission, or negligent act of the Engineer or of any
person employed by the Engineer. The Engineer shall also save harmless the City from any and
all expense, including, but not limited to, attorney fees which may be incurred by the City in
litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a
result of such activities by the Engineer, its agents, or employees.
ARTICLE 21
ENGINEER'S RESPONSIBILITY
The Engineer shall be responsible for the accuracy of its work and shall promptly make
necessary revisions or corrections resulting from its errors, omissions, or negligent acts without
compensation. The Engineer's responsibility for all questions arising from design errors and/or
omissions will be determined by the City. The Engineer will not be relieved of the responsibility
for subsequent correction of any such errors or omissions or for clarification of any ambiguities
until after the construction phase of the project has been completed.
engc ontrc.wpd/spec tw Page 8 of 13
ARTICLE 22
ENGINEER'S SEAL
The responsible Engineer shall sign, seal and date all appropriate engineering
submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of
the State Board of Registration for Professional Engineers.
ARTICLE 23
NONCOLLUSION
The Engineer warrants that it has not employed or retained any company or persons, other
than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and
that 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, the City shall have the right to
annul this Contract without liability or, in its discretion, to deduct from the contract price or
compensation, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
ARTICLE 24
INSURANCE
The Engineer shall furnish the City a properly completed Certificate of Insurance
approved by the City prior to beginning work under this Contract and shall maintain such
insurance through the contract period. The completed Certificate of Insurance shall be attached
hereto and identified as Attachment G.
ARTICLE 25
INSPECTION OF ENGINEER'S BOOKS AND RECORDS
AND AUDIT REQUIREMENTS
The City shall have the exclusive right to examine the books and records of the Engineer
for the purpose of checking the amount of work performed by the Engineer at the time of contract
termination. The Engineer shall maintain all books, documents, papers, accounting records and
other evidence pertaining to cost incurred and shall make such materials available at its office
during the contract period and for four (4) years from the date of final payment under this
Contract or until pending litigation has been completely and fully resolved, whichever occurs
last. The City or any of its duly authorized representatives, shall have access to any and all books,
documents, papers and records of the Engineer which are directly pertinent to this Contract for
the purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 26
DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION
The Engineer warrants that the representations included in the Debarment Certification
(Negotiated Contracts) submitted with the offer to provide services are current and still valid.
eogeontrc.wpd/spectw Page 9 of 13
ARTICLE 27
COPYRIGHTS
The 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 the Engineer for
governmental purposes.
ARTICLE 28
COMPUTER GRAPHICS FILES
The Engineer agrees to comply with the Special Provision "Computer Graphics Files for
Document and Information Exchange," if determined by the City to be applicable to this Contract
and if so stated in the scope of services and attached hereto.
ARTICLE 29
SUCCESSORS AND ASSIGNS
The Engineer, and the City, do hereby bind themselves, their successors, executors,
administrators and assigns to each other party of this agreement and to the successors, executors,
administrators, and assigns of such other party in respect to all covenants of this Contract. The
Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior
written consent of the City.
ARTICLE 30
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, 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.
engcontrc.wpd/speow Page 10 of 13
ARTICLE 31
PRIOR CONTRACT SUPERSEDED
This Contract constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral contracts between the parties respecting the subject
matter defined herein.
engcontrc.wpd/spectw Page 11 of 13
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 address:
City of Round Rock Engineer
Attn.: City Manager Attn.: George E. Tillett
221 E. Main St. 2211 South IH 35 Suite#300
Round Rock, TX 78664 Austin, Texas 78741
with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, Texas 78664
engcontrc.wpd/spectw Page 12 of 13
ARTICLE 33
SIGNATORY WARRANTY
The undersigned signatory or signatories for the Engineer hereby represent and warrant
that the signatory is an officer of the organization for which he or she has executed this Contract
and that he or 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 the City to
enter into this Contract.
IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate.
THE ENG ER
By: 4U-'1A-'0 W let, PW d".,t
Signature
James K. (Ken) Haney, P.E.
Printed Name
Executive Vice President
Title
August 24, 2001
Date
Cit d Rock
B
ayor
LIST OF ATTACHMENTS
Scope of Services
Work Schedule
Fee Summary
engeontrc.wpd/spectw Page 13 of 13
SCOPE OF SERVICES
UPRR PERMITTING ASSISTANCE FOR
REALIGNED RAILROAD UNDERPASS—A.W. GRIMES BOULEVARD
ROUND ROCK, TEXAS
HDR Engineering, Inc. (HDR) shall provide design services to the City of Round Rock (City) for
the design of repairs to three piers and the design of two replacement spans of the Union Pacific
Railroad (UPRR) bridge to be included in the construction documents of A.W. Grimes
Boulevard below the existing UPRR structure. The proposed A.W. Grimes Boulevard is a multi-
lane facility that is proposed to cross under two separate spans of the existing structure. The
roadway design for A.W. Grimes Boulevard is being designed by others under separate contract
with the City. The HDR plans and specs will be provided to the other city consultant for
inclusion into their construction documents.
HDR proposes to provide professional engineering services to the City for the final design and
post design services for the UPRR bridge over the proposed A.W. Grimes Boulevard in Round
Rock, Texas. The objective of the final design and post design services will consist of developing
bridge construction contract documents, providing liaison with UPRR, bid phase responses to
request for clarifications by potential contractors, and limited construction phase services.
1.1 Project Description:Basis of Proposal
The City has the need to replace two (2) spans of the existing UPRR Bridge over Brushy Creek.
The City has asked HDR to provide engineering services for the replacement of these spans. The
final design of the bridge spans will be based on the letter report dated April 12, 2001 developed
in the Concept Design Phase and forms the basis of understanding for this proposal.
1.2 Project Approach
The primary objective of the proposed engineering services is to utilize the letter report to
develop bridge construction contract documents, obtain competitive bids, and provide limited
construction phase services. These limited construction phase services will consist of shop
drawing review, plan clarifications and four (4) site visits.
1.3 Additional Services
The following tasks are not included in this scope of services but may be added by supplemental
agreement if needed by the City. A man-hour and fee estimate for the following additional
services would be prepared by HDR and submitted to the City if requested:
• Complete Construction Phase Services (including full time observation).
• Review of shoring, false work, and value engineering proposals submitted by the contractor.
1
SCOPE OF SERVICES
1.4 Scope of Services
HDR will perform the professional services in the following task plan. A fee estimate for
completing this task plan is presented following this Scope of Services.
Task A—Final Bridge Design
Task Objective:
Develop final drawings for the bridge based on the letter report recommending span type, size,
location, and pier repairs.
HDR Activities
HDR will:
• Review the letter report, prepared by HDR, and related roadway drawings prepared for the
City's consultant.
• Design and detail two (2) new through plate girder spans.
• Both spans to use identical superstructures.
• Spans are to be ballast deck supported by steel floor deck and floor beams.
• Ties supporting rail will be timber.
• Design and detail pier cap repairs.
• Design and detail concrete pier jackets for the piers supporting the new through plate girders.
• Develop estimated quantities, general notes, and item reference notes for inclusion in
construction contract documents.
— Estimated quantities will be based on the Texas Department of Transportation Standard
Specifications for Highways, Streets and Bridges Series 1993 (TxDOT Std. Specs.).
• Develop Special Provisions for items not covered in the TxDOT Std. Specs.
• Develop a proposed construction sequence for the bridge and associated track construction.
City Activities
The City will:
• Provide topographic survey data for the bridge design.
• Provide roadway design data and construction plans for A.W. Grimes Boulevard at the bridge
site to be used in the design of the bridge.
Task Deliverables:
• Mylar drawings, signed and sealed, by a licensed Texas Registered Professional Engineer.
• Special provisions for items not covered in the TxDOT Std. Specs.
• Special provisions in MS Word format on compact disc.
Key Understandings:
TxDOT Std. Specs. shall apply to construction work on this project.
2
SCOPE OF SERVICES
The quantities and item reference notes will be configured and formatted in the standard TxDOT
format.
Planned Meetings:
Design Review Meetings—HDR will attend a maximum of four (4) design review meetings with
the City. HDR's Project Manager will attend these meetings at the City's office in Round Rock,
Texas. HDR's Project Engineer to attend one (1) of these meetings.
Design Coordination Meetings —HDR's Project Manager will attend a maximum of three (3)
design coordination meetings with the City's Roadway Design Consultant at the City's office in
Round Rock, Texas. HDR's Project Engineer will attend one (1) of these meetings.
Task B—Railroad Design Review Coordination
Task Objective:
Obtain and respond to UPRR design and plan review comments for the bridge span
replacements.
HDR Activities:
HDR will:
• Submit Preliminary Plans for the bridge span replacements to UPRR for comment and
approval.
• Respond in writing to UPRR Preliminary Plan review comments.
• Submit 60% review plans and special provisions for the bridge span replacements to UPRR
for comment and approval.
• Respond in writing to UPRR 60% review comments.
• Submit 90% review plans and special provisions for the bridge span replacements to UPRR
for comment and approval.
• Respond in writing to UPRR 90% review comments.
• Submit final drawings and special provisions to UPRR.
City Activities:
The City will:
• Provide HDR with necessary plans of the A.W. Grimes Boulevard roadway to be submitted
as information to UPRR for their review of the bridge plans.
• Provide agreement between UPRR and City for these bridge span replacements.
Task Deliverables:
• 60% review package for UPRR to review.
• 90% review package for UPRR to review.
• UPRR review comments and HDR's responses to these comments.
3
SCOPE OF SERVICES
Key Understandings:
The agreement between UPRR and the City for these bridge span replacements will be in place
prior to the review process.
Planned Meetings:
UPRR Coordination Meetings—HDR's Project Engineer will attend a maximum of four (4)
coordination meetings with UPRR at UPRR's offices in Omaha, NE. HDR's Project Manager
will attend one (1) of these meetings.
Task C—Bid Phase Services
Task Objective:
Provide clarification to potential contractors during the bid phase of the project.
HDR Activities:
HDR will:
• Develop Bridge Span Replacement Drawings to be included in the City's roadway
consultant's drawings. This will include bridge general notes, bridge quantity items, and
bridge item reference notes.
• Prepare bridge related front end bid documents which will be included in the City's roadway
consultant's Notice to Bidders and will include Bridge Bid Tabulation Form, Bridge Bid
Form, Standard Insurance Requirements including Railroad Insurance requirements, and
Special Provisions.
• Respond to prospective bidders questions regarding the bridge and track drawings and related
special provisions.
• Prepare an Engineer's opinion of Probable Construction Cost for the bridge span replacement
project.
City Activities:
The City will:
• Provide coordination and answer questions from prospective bidders in regard to the roadway
construction of A.W. Grimes Boulevard.
Task Deliverables:
• Bridge replacement drawings for inclusion into the City's roadway consultant construction
plans.
• Front-end documents for bridge replacement portion of the construction project.
• Written responses to prospective bidders questions.
• Engineer's Opinion of Probable Construction Cost for the bridge and track portions of the
project.
Key Understandings:
Development for distribution of one (1) addendum is included in this scope of services.
4
SCOPE OF SERVICES
The number of Bid Packages to be put together and provided to the City for distribution will not
exceed fifty (50).
Planned Meeting:
No meetings are anticipated for this task.
Task D— Construction Phase Services
Task Objective:
Provide clarification of contract documents as they pertain to the bridge construction.
HDR Activities
HDR will:
• Provide responses to Contractor's Request for Information (RFI) regarding contract
document clarification for the bridge portion of the project.
• Review submitted shop drawings and working drawings for general compliance with the
contract documents for the bridge portion of the project.
• Redline comments on submitted shop drawings or working drawings and submit back to
Project Resident Construction Engineer.
• Perform a final walk-through at the completion of the bridge construction and provide a
report itemizing those items that need to be completed by the contractor
Task Deliverables:
• Redlined or approved shop drawings or working drawings.
• Written RFI responses as they pertain to the bridge portion of the project.
• Final walk-through report.
Key Understandings:
Shop drawings will be reviewed once.
Contract Document clarifications are not to be a redesign to accommodate contractor's means or
methods or as value engineer submittal reviews.
Planned Meetings:
A total of four(4) site visits will be made by HDR.
• HDR's Project Manager or his representative will attend a pre-construction meeting at the
project site.
• HDR's Project Manager or his representative will make two site visits during construction of
the project.
• HDR's Project Manager and Project Engineer will perform one (1) walk-through of the
bridge construction when construction is substantially complete.
5
SCOPE OF SERVICES
Task E—Project Management
Task Objective:
Plan, organize, control and monitor HDR project team activities. Manage service activities and
deliverables to the City. Implement a work plan specifically developed for the completion of this
Project.
HDR Activities:
HDR will:
• Develop a Project Work Plan.
• Develop a Work Plan for accomplishment of Project.
• Perform Quality Assurance and Control.
It is the policy and objective of HDR to provide and to be acknowledged as an organization that
provides quality services. The "standard of quality" concept wherein objective quality, as well as
other project objectives, is mutually defined between HDR and the client is an inherent part of
the HDR quality program. In order to provide quality services and documents, HDR has in place
a Quality Assurance Program. HDR's QA Program provides a multi-disciplinary system of
management controls backed by quality verification and overview activities (quality control), that
demonstrate completeness and appropriateness of achieved quality.
Monthly Updates
HDR will provide the City with short and concise monthly updates that will be included with the
monthly invoices. These updates will include:
• Progress made during the previous month;
• Anticipated progress for the following month; and
• Statement of any problems encountered during the previous month.
Status report shall be submitted via mail with the project invoices.
Records Management System
Control of project records, report, calculations, technical data and project documentation,
including telephone memoranda, correspondence and photo documentation, will be detailed in
the project specific project guide. All materials will be maintained by HDR in a central file.
Task Deliverables:
Individual Task Deliverables have been outlined in Tasks A-E.
6
Manhour Summary
Project Name: UPRR Underpass-A.W.Grimes
.................................................................................................................................................................................................
.......................................................................................................................................................................................................
.........................................................................
Consultant: HDR Engineering, Inc.
..................................................................................................................................................................................................
.......................................................................................................................................................................................................
............................................................................
Hours for the Classifications
Tasks Project PM/Senior Project Engineer Drafter/ Steno/ Total
Principal En ineer —Engineer In Training Technician Clerical
Project Administration 8 96 0 24 0 32 160
Bridge Design 16 376 348 306 492 56 1594
Total Hours 24 472 348 330 492 88 1754
Fee Summary
Project Name: UPRR Underpass-A.W.Grimes
..............................................................................................................................................................................................
.......................................................................................
Consultant: HDR Engineering, Inc.
................................................................................................................................................................................................
..........................................
LUMP SUM FEE
Cost Component, Hours Total Design Bidding Construction
Project Principal 24 16 4 4
Project Manager/Senior Engr. 472 412 12 48
Project Engineer 348 320 4 24
Engineer- in Training 330 318 8 4
Drafter/Technician 492 372 0 120
Steno/Clerical 88 80 0 8
Total Hours 1754 1518 28 208
Cost Component, Dollars
Project Principal $4,752 $3,168 $792 $792
Project Manager/Senior Engr. $74,765 $65,261 $1,901 $7,603
Project Engineer $45,936 $42,240 $528 $3,168
Engineer- in Training $28,314 $27,284 $686 $343
Sr. Designer/Technician $45,461 $34,373 $0 $11,088
Steno/Clerical $4,792 $4,356 $0 $436
Total Dollars $204,019 $176,682 $3,907 $23,430
Expenses
Engr computers @ $10/hr $7,215 $7,005 $200 $10
Cadd @ $15/hr $11,220 $11,220 $0 $0
Phone, Fax, Postage $550 $370 $120 $60
Photographs $50 $25 $0 $25
Travel $3,152 $2,342 $100 $710
Printing &Copying $1,280 $900 $300 $80
Subtotal $23,467 $21,862 $720 $885
Total Expenses w/10% markup $25,814 $24,048 $792 $974
Total Fee $229,833 $200,730 $4,699 $24,404
TOTAL FEE ................................................................$229,833