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R-88-1131 - 6/23/1988ATTEST: WHEREAS, the City of Round Rock desires to design certain needed drainage improvements in the area of the City known as the "Flat ", and WHEREAS, professional engineering services are required in connection with the design of said drainage improvements, and WHEREAS, Haynie, Kallman & Gray, Inc., has submitted a proposed agreement to provide said engineering services, and WHEREAS, the City Council desires to enter into said agreement with Haynie, Kallman & Gray, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute on behalf of the City, an agreement with Haynie, Kallman & Gray, Inc., a copy of such agreement being attached hereto and incorporated herein for all purposes. l i RESOLVED THIS 3 — day of June, 1988. .4/ /L AL! NE LAND, City Secretary G5RESFLAT RESOLUTION NO. / /✓ //e, /Liz_ MIKE ROBINSON, Mayor City of Round Rock ENGINEERING SERVICES AGREEMENT MADE AND ENTERED INTO by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "Owner ", and HAYNIE KALLMAN & GRAY, INC., Consulting Engineers, hereinafter called the "Engineer ". RECITALS The Owner intends to construct the 1988 FLAT DRAINAGE PROJECT within the City of Round Rock. Such Improvements are hereinafter referenced as the "Project ". A. PRELIMINARY PHASE CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES -1- //31, The Engineer shall render the following professional services necessary for the development of the Project. 1. Attend preliminary conference with the Owner regarding the Project. 2. Perform preliminary engineering services in connection with the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches, and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. (9/3/87) B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VI D.) 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants -in -aid, state loan programs, planning advances or to meet the requirements of special programs of the federal government). 3. Perform field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. Construction staking for the Construction Improvements is not included in the Basic Charge. 4. Prepare detailed specifications and contract drawings, in pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicable local, state, and federal agencies for approval. 5. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 6. Furnish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of twenty -five (25) are to be paid for separately. Additional sets will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. -2- 7. Provide information on utilities to be relocated in connection with the project. The Owner will provide excavation to determine location and depth of underground water and sewer lines. Utilities to be relocated by others shall be noted on the plans. City -owned utilities shall be included in the construction contract. 8. Provide a letter for the Owner's signature to each utility operating within the City of Round Rock advising them of the project and describing any known relocations to be performed by that utility and setting forth a proposed construction schedule. This letter and a complete set of plans shall be delivered to each utility by the Engineer. The Engineer shall provide timely assistance and location stakes as necessary for utility relocations to assure that utility relocations do not delay the project. 9. Provide easement and right -of -way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawings of the affected properties. These services will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. 10 Provide field note descriptions to the Owner for any site(s) that is required for Owner to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by Owner, barring unforeseen and unusual difficulties associated with the property. These services will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. C. CONSTRUCTION PHASE 1. Assist the Owner in the advertisement of the Project for bids. 2. Assist the Owner in the opening and tabulating of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. 4. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or -3- 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 Contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of Contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult with and advise the Owner; issue all instructions to the Contractor requested by the Owner; and prepare routine change orders as required. 6. If specifically authorized by the Owner in writing, furnish the services of Resident Project Representatives, and other field personnel for continuous on- the -site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; if provided, compensation shall be determined under Section VI D.) The authority and duties of such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the section of competent Project Representatives, and the Engineer will use diligence to see that the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the Contractors, and since it is the Contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the Contractor's failure to do so, and, so long as the Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on- the -site observation to discover defects or deficiencies in the work of the Contractors shall never relieve the Contractors of liability therefore or subject the Engineer to any liability for such defects or deficiencies. -4- 7. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 8. Review monthly and final estimates for payments to Contractors, and furnish to the Owner any necessary certifications as to payments to Contractors and Suppliers. 9. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the Contractors. 10. Revise contract drawings, with the assistance of the Resident Project Representatives, or the Owner's representatives, to provide record drawings of the completed Project. Furnish one set of reproducible drawings and one set of prints of these revised drawings to the Owner. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received authorization from the Owner. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold a 10% and 40% Design Review Conference with the Owner, or its representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, including preliminary line routings, approved manufacturers of materials and equipment, and other pertinent items relative to the Project and updated cost estimates, and -5- consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work and for Special Assignments and Services not included in these phases. All remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office in Round Rock, Williamson County, Texas. Where the compensation is based on a percentage of construction cost, the charge for each separate phase shall be based on the "Construction Cost" of all work authorized by the Owner at one time, and handled by the Engineer in accordance with this Agreement. "Construction Cost" is defined as the total cost to the Owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal services, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials, and equipment required for the completed work (including extras) and the total value at site of Project of all labor, materials, and equipment purchased or furnished directly by the Owner for the Project. The aggregate of all sums paid to the Engineer for each phase of construction will equal one hundred percent (100%) of the basic compensation determined from the actual total construction costs. If the designed facilities exceed the available funding after receiving bids or negotiating a contract price, then the facilities which are deleted will be paid for at a later date when they are awarded for construction. These facilities will be considered an individual period of construction and payment will be in an amount equal to a percentage of the "construction cost" of this separate Project. For example: If the available funds will only build 90% of the designed facilities, the fee for the awarded construction will be paid as described herein. When the remaining 10% of the work is awarded, it will be considered a separate Project and a percentage from the curve based on the 10% Project amount will be used to pay the basic compensation. Considering this as an individual Project, it will be necessary to compensate the -6- Engineer in this manner because of the extra work involved in the preparation of separate contract documents, organization of plans, construction administration on the delayed Project, and the delay in payment for the Engineering Services rendered. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed contract drawings and specifications to the Owner by the Engineer, the charge for the corresponding services in the Design Phase and the charge for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no contract is awarded. Where no proposal or bona fide bids are received, the Engineer's estimates shall be the basis for final payment for these two phases. No reduction shall be made from the Basic Charge on account of penalties or liquidated damages or other sums withheld from Contractor's payments. A. PRELIMINARY PHASE Payment for services in the Preliminary Phase shall be made to the Engineer on an hourly basis and invoiced monthly. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount shown under Preliminary Phase in Attachment #1, without further authorization by the Owner. Final payment for services in the Preliminary Phase shall be payable upon submission to the Owner of the required report, sketches, and estimates, and upon his acceptance, which shall be within thirty (30) days after submission. B. DESIGN PHASE Payment for services in the Design Phase shall be made to the Engineer on an hourly basis. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount shown under Design Phase in Attachment 11 without further authorization by the Owner. This sum shall be paid in monthly installments based upon actual hours at the rates shown in Attachment No. 2 - Hourly Rate Schedule. C. CONSTRUCTION PHASE Payment for services in the Construction Phase shall be made to the Engineer on an hourly basis. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount shown under Construction Phase in Attachment #1 without further authorization by the Onwer. -7- Basis of Compensation: (a) Furnished by the Owner and observed by the Engineer in accordance with Attachment No. 2 - Hourly Rate Schedule, or (b) Owner contract separately with qualified testing firm. 12. Detailed mill, shop and /or laboratory inspection of materials or equipment. Basis of Compensation: (a) Furnished directly by the Owner, or (b) By Engineer in accordance with Attachment No. 2 - Hourly Rate Schedule. 13. Extra travel required of the Engineer and authorized by the Owner from Round Rock to points other than the State of Texas in connection with the Project. Basis of Compensation: Cost of travel and living expenses plus a twenty percent (20%) service charge. Cost of labor in accordance with Attachment No. 2 - Hourly Rate Schedule. 14. Services for location stakes associated with the Project as necessary for utility companies operating within the City Limits of Round Rock. Payments to the Engineer for authorized services not in the basic hourly charges will be made by the Owner, upon presentation of statements by the Engineer for such services. Should the Owner fail to make payment to the Engineer of the sum names in any partial or final statement when payment is past due for more than thirty (30) days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the current prime rate of banking institutions in Round Rock, from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its -9- proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement for bids or by the delinquency or insolvency of Contractors, the Engineer shall be compensated for such extra services and expenses, which services and expenses shall not be considered as covered by the percentage fee stipulated in this Agreement. Compensation for such extra services shall be in accordance with Attachment No. 2 - Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the design of the Project or for revising design or plans when such design and plans prove not to be feasible for construction. SECTION VIII OWNERSHIP OF DOCUMENTS Engineer shall retain ownership of all original documents, plan designs, and survey notes on all projects that are not completed and for which Engineer is not compensated regardless of whether the instruments were copyrighted. Additionally, all such documents for which Engineer is not compensated Owner will not reuse for extensions of the original project or new projects unless Owner shall secure the permission of Engineer and Engineer shall be entitled to further compensation for the use of such documents. All original documents, plan designs, and survey notes for completed or partially completed projects for which Engineer has been compensated shall be the property of Owner and Engineer and reproducible copies shall be furnished to the Owner upon request. The use by either party of such documents is unrestricted. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second arbitrator. Such two arbitrators shall meet forthwith and agree in writing -10- upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator's appointment. B. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five (5) days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten (10) days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 225, for the appointment of the third arbitrator. C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such awards shall be governed by the Texas General Arbitration Act, Articles 224 through 238 -6, inclusive, Revised Statutes of 1925, as amended. D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty -day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICES AND COMMUNICATION All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: Haynie Xallman & Gray, Inc. Consulting Engineers 309 East Main Street Round Rock, Texas 78664 All notices and communication under this Agreement to be mailed or delivered to the Owner shall be to the following address: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SECTION XII SECTION CAPTIONS Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the Project will be conveyed through the City's Director of Public Works, with whom the Engineer shall confer frequently throughout the Design Phase of the Project. The date for completion of the Design Phase is sixty (60) calendar days following execution of this Agreement. SECTION XII SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. -12- EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice President shown below, and on behalf of the Ow by its Mayor (thereunto duly authorized) this the /a - day of ,o h , 1988. Attest: nne Attest: Land, City Secretary CITY OF ROUND ROCK Mike Robinson, Mayor HAYNIE KALLMAN & GRAY, INC. Steven D. Kaltman, P.E., R.P.S. Vice President -13- Project Coordination and Startup 8 hrs. Project Manager @ $55.00 /hr. 3 hrs. Principal @ 100.00 /hr. Design Survey and Site Inspection 8 hrs. 3 Man Crew @ 75.00 /hr. 6 hrs. Project Manager @ 55.00 /hr. Total Preliminary Phase Design 1 hr. 16 hrs. Drafting 48 hrs. Inter - office 1 hr. 2 hrs. Address City 8 hrs. 4 hrs. Principal Project Manager ATTACHMENT NO. 1 1988 FLAT DRAINAGE PROJECT @ $100.00 /hr. @ 55.00 /hr. Design Technician @ 35.00 /hr. Review Principal @ 100.00 /hr. Project Manager @ 55.00 /hr. Comments Design Technician @ 35.00 /hr. Project Manager @ 55.00 /hr. (Assume Bidding All of Project) Specifications 6 hrs. Project Manager @ 55.00 /hr. 24 hrs. Secretarial @ 25.00/hr. Review 2 hrs. Project Manager @ 55.00 /hr. Total Design Phase $440.00 300.00 600.00 330.00 $1,670.00 $100.00 55.00 100.00 100.00 110.00 280.00 220.00 330.00 600.00 110.00 $4,410.00 Bidding Bid Tabulations 4 hrs. Technical Support Personnel @ $30.00 /hr. $120.00 Contract Preparation and Execution 8 hrs. Secretarial @ 25.00 /hr. 4 hrs. Project Manager @ 55.00 /hr. Construction Administration 10 hrs. per week project representative @ $40.00 /hr. 2 hrs. per week project manager @ $55.00 /hr. Est. cost per week $550.00 Total Project Fee Not to exceed without further Authorization 1 Based on two month construction time 200.00 220.00 Assume 8 weeks of construction $4,400.00 (Since engineer cannot control total construction time we propose to set maximum monthly fee for construction administration @ $2200.00 excluding bid tabs and contract document preparation) 1 Total Construction Phase $4,940.00 $11.020.00 ATTACHMENT NO. 2 HAYNIE RALLMAN & GRAY, INC. HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE 1. Corporate Officer $100 2. Registered Professional Engineer $ 75 3. Registered Public Surveyor $ 60 4. Project Manager /Hydrologist $ 55 5. Engineer -in- Training (E.I.T.) $ 45 6. Land Planner $ 50 7. Survey Crew Coordinator $ 40 8. Project Representative (includes Vehicle and Equipment) $ 40 9. Design Technician $ 35 10. Drafter $ 30 11. Survey Calculation Technician $ 40 12. Technical Support Personnel $ 30 13. Secretarial Personnel $ 25 14. Four Man Survey Crew (includes Vehicle and Equipment) $ 80 15. Three Man Survey Crew (includes Vehicle and Equipment) $ 75 16. Two Man Survey Crew (includes Vehicle and Equipment) $ 65 17. Reimbursement for Direct Non -Labor Expenses and Sub - Contract Expenses - Cost Plus 20% Revised 8 -1 -85 DATE: June 20, 198,8 SUBJECT: Council Agenda, June 23, 1988 ITEM: 12C. Consider a resolution authorizing the Mayor to enter into an engineering contract to design the 1988 "Flat" drainage improvements project. STAFF RESOURCE PERSON: STAFF RECOMMENDATION: Jim Nuse On June 16, 1988 six proposals for engineering services were received. The proposals were for the "1988 Flat Drainage Improvements ". Although all firms were qualified to perform the work, Haynie, Kaltman & Gray have experience in the area with an earlier drainage project and a recent engineering study for a state grant. H K & G has full engineering, drafting, surveying and project management capabilities as well as professional liability insurance. This is an hourly fee project with a not to exceed cap. Staff recommends award to Haynie, Kallman and Gray. June 16, 1988 I• AWW /lm Haynie Kallman &Gray, Inc. C.itatitingFng:neer i 1 Mr. James R. Nuse, P.E. 1Director of Public Works ,City of Round Rock 300 South Blair Street Round Rock, Texas 78664 RE: Engineering Proposal "1988 Flat Drainage Improvements Project" Dear Mr. Nuse: Please find enclosed three (3) copies of an Engineering Services Proposal for Engineering Services for the above referenced project. These proposals are consistent with past and current Engineering Services Agreements between the City Round Rock and Haynie Kallman & Gray, iInc. - 1 As you may know we are currently covered by a $1,000,000 Professional. Liability Insurance Policy. A certificate of insurance for this coverage is enclosed. The !enclosed proposal specifies compensation on an hourly basis with a not -to- exceed figure attached. We appreciate the opportunity to submit the enclosed and should you haveany questions or comments regarding same, please advise. 'Sincerely, HAYN.t, r KALLMAN & GRAY, INC. . William Waeltz roject Manager . cc:l Steven D. Kallman, P.K., R.P.S..; Haynie Kallman & Cray, ii c. 2303[e.i:n gyEit,!,Surc; ;d.27 01.1 - ;fill C■vr E't7cen.tg G ri t.tnts Mu i,:rtal EilguaTrilg i.l id r I..rmnt; `x tie trg !WAIT I o 1'0 r Offif, Irl•uileifry, Cr) 03142 Item 1 — Item 2 — Item 3 — Item 4 — Item 5 — LIMITS OF INSURANCE Item 6 Item 7 — ilex, 8 - l!em 0 --- NAMED INSURED: MAILING ADDRESS: POLICY PERIOD: 1 1 I"! POLICY NUMBER CODC GO j 0 Covmarm n, provided ,n the Company clef:crated by NumLer 4 4-- A Stock Insurance Company and Member of Orion Group (oron) called the Company) • Haynie Kaliman & Gray, Inc./Haynie & Kallman, Inc. 12303 Technology Boulevard, Suite J Austin, Texas 78727 Primary Professional $ 1,000,000/ 1,000,000 $ 115,517 :Liability N/A N/A $ -0- General Liability $ N/A / N/A $ -0- Shared Expense See Endorsement N/A $ -0- Program Credits See Endorsement N/A $ - L.O.L. Credits See Endorsement N/A $ Peer Review Credit See Endorsement N/A $ TOTAL ADVANCE ANNUAL PREMIUM: $ 115,117 DEDUCTIBLE: $ 25,000 Each claim 17: F:3310N:11\1_ POLICY NAMED INSURED IS: CI Individual 0 Partnership Corporation D Joint Venture Effective Date 08/18/87 Expiration Date 08/18/88 (12'01 A M. LOCAL TIME AT THE ABOVE MAILING ADDRESS) EACH ANNUAL CLAIM AGGREGATE PREMIUM r'ClICE OF CLAIMS MADE P.3i ICY: 1 , .o' .9o‘u Liability covoir:im: made basis. It ap;. on'oi !';at 31 r5;:t reported to the Company iiiirt-tr; 'I policy period. 110ilt....E or EXPENSE wmi TilE LI 1 - Thilay r )1 "Hat r`•('... 1" • fi'. 1 if, r.`r'rfr " t 1' 1 1 ' ■ I ' I I DA IE.. conmms prig Policy IF 0: in 11,.P.,1qty f.mvurag(i U'-' N np roo ;5 arid r.in tot.: har 7 1lir3--Q 7](,1-0(1',7P:::0,,.; 7111-0(10/367; 7104-1 ; 1 7-4 Y . coriney cia] 1 risi acre ' • i „ Countersigned by: . C2minercail9rurilace Ctinctipt5, LS _ Courite at: 11 ''''s Cori Date Issued: E f2 7 ENGINEERING SERVICES AGREEMENT MADE AND ENTERED INTO by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "Owner ", and HAYNIE KALLMAN & GRAY, INC., Consulting Engineers, hereinafter called the "Engineer ". RECITALS The Owner intends to construct the 1988 FLAT DRAINAGE PROJECT within the City of Round Rock. Such Improvements are hereinafter referenced as the "Project ". CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development of the Project. A. PRELIMINARY PHASE 1. Attend preliminary conference with the Owner regarding the Project. Perform preliminary engineering services in connection with the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches, and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. If called for by the scope of the assignment, prepare a preliminary engineering report. 2. -1- (9/3/87) B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange with the Owner for the conduct of such investigations and tests. (The performance of these investigations and tests is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the Owner, in which case compensation shall be determined by the applicable portions of Section VI D.) 2. Furnish to the Owner, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits by local, state, and federal authorities (as distinguished from detailed applications and supporting documents for government grants -in -aid, state loan programs, planning advances or to meet the requirements of special programs of the federal government). Perform field surveys to collect information which, in the opinion of the Engineer, is required in the design of the Project. Construction staking for the Construction Improvements is not included in the Basic Charge. Prepare detailed specifications and contract drawings, in pencil on paper, for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy, and shall be submitted to the applicable local, state, and federal agencies for approval. 5. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. Furnish the Owner all necessary copies of approved plans, specifications, notices to bidders, and proposals. All sets of plans and specifications in excess of twenty -five (25) are to be paid for separately. Additional sets will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. -2- 7. Provide information on utilities to be relocated in connection with the project. The Owner will provide excavation to determine location and depth of underground water and sewer lines. Utilities to be relocated by others shall be noted on the plans. City -owned utilities shall be included in the construction contract. 1 I 8. Provide a letter for the Owner's signature to each utility operating within the City of Round Rock advising them of the project and describing any known relocations to be performed by that utility and setting forth a proposed construction schedule. This letter and a complete set of plans shall be delivered to each utility by the Engineer. The Engineer shall provide timely assistance and location stakes as necessary for utility relocations to assure that utility relocations do not delay the project. 9. Provide easement and right -of -way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawings of the affected properties. These services will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. 10 Provide field note descriptions to the Owner for any site(s) 1 that is required for Owner to acquire that is associated with this Project. These descriptions will be provided within thirty (30) days after authorization by Owner, barring unforeseen and unusual difficulties associated with the property. These services will be paid for in accordance with Attachment No. 2 - Hourly Rate Schedule. C. CONSTRUCTION PHASE 1. Assist the Owner in the advertisement of the Project for bids Assist the Owner in the opening and tabulating of bids for construction of the Project, and recommend to the Owner as to the proper action on all proposals received. 3. Assist in the preparation of formal Contract Documents for the contracts. 2 . 4'. Make periodic visits to the site (as distinguished from the continuous services of a Resident Project Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine, in general, if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or -3- 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 Contractor's failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of Contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 5. Consult with and advise the Owner; issue all instructions to the Contractor requested by the Owner; and prepare routine change orders as required. 6. If specifically authorized by the Owner in writing, furnish the services of Resident Project Representatives, and other field personnel for continuous on- the -site observation of construction and for the performance of required construction layout surveys. (This service is not a part of the Engineer's basic services, and compensation therefore is not included in the Basic Charge; if provided, compensation shall be determined under Section VI D.) The authority and duties of. such Resident Project Representatives are limited to examining the material furnished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgment in the section of competent Project Representatives, and the Engineer will use diligence to see the Project Representatives are on the job to perform their required duties. It is agreed, however, that the Engineer does not underwrite, guarantee, or insure the work done by the Contractors, and since it is the Contractor's responsibility to perform the work in accordance with the Contract Documents, the Engineer is not responsible or liable for the Contractor's failure to do so, and, so long as the Engineer has exercised the usual degree of care and prudent judgment in selecting Project Representatives and has used diligence to see that they are on the job to perform the work, failure by any Project Representatives or other personnel engaged in on- the -site observation to discover defects or deficiencies in the work of the Contractors shall never relieve the Contractors of liability therefore or subject the Engineer to any liability for such defects or deficiencies. -4- Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the Contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. 8. Review monthly and final estimates for payments to Contractors, and furnish to the Owner any necessary certifications as to payments to Contractors and Suppliers. 9. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the Contractors. 10. Revise contract drawings, with the assistance of the Resident Project Representatives, or the Owner's representatives, to provide record drawings of the completed Project. Furnish one set of reproducible drawings and one set of prints of these revised drawings to the Owner. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received authorization from the Owner. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. SECTION V COORDINATION WITH THE OWNER The Engineer shall hold a 10% and 40% Design Review Conference with the Owner, or its representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, including preliminary line routings, approved manufacturers of materials and equipment, and other pertinent items relative to the Project and updated cost estimates, and -5- 'consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work and for Special Assignments and Services not included in these phases. All remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office in Round Rock, Williamson County, Texas. Where the compensation is based on a percentage of construction cost, the charge for each separate phase shall be based on the "Construction Cost" of all work authorized by the Owner at one time, and handled by the Engineer in accordance with this Agreement. I "Construction Cost" is defined as the total cost to the Owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal services, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials, and equipment required for the completed work (including extras) and the total value at site of Project of all labor, materials, and equipment purchased or furnished directly by the Owner for the Project. 'The aggregate of all sums paid to the Engineer for each phase of 'construction will equal one hundred percent (100 %) of the basic compensation determined from the actual total construction costs. If the I designed facilities exceed the available funding after receiving bids or negotiating a contract price, then the facilities which are deleted will be paid for at a later date when they are awarded for construction. These facilities will be considered an individual period of construction and payment will be in an amount equal to a percentage of the "construction cost" of this separate Project. For example: If the available funds will only build 90% of the designed facilities, the fee for the awarded construction will be paid as described herein. When the remaining 10% of the work is awarded, it will be considered a separate Project and a percentage from the curve based on the 10% Project amount will be used to pay the basic compensation. Considering this as an individual Project, it will be necessary to compensate the -6- Engineer in this manner because of the extra work involved in the preparation of separate contract documents, organization of plans, construction administration on the delayed Project, and the delay in payment for the Engineering Services rendered. In the event that proposals for construction of any of the work authorized in the Design Phase are received within 90 days after submission of completed contract drawings and specifications to the Owner by the Engineer, the charge for the corresponding services in the Design Phase and the charge for the corresponding services in the Preliminary Phase shall be adjusted to the "construction cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, ,reflected no contract is awarded. Where no proposal or bona fide bids are received, the Engineer's estimates shall be the basis for final payment for these two phases. No reduction shall be made from the Basic Charge on account of penalties or liquidated damages or other sums withheld from Contractor's payments. A. PRELIMINARY PHASE Payment for services in the Preliminary Phase shall be made to the Engineer on an hourly basis and invoiced monthly. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount shown under Preliminary Phase in Attachment #1, without further authorization by the Owner. Final payment for services in the Preliminary Phase shall be payable upon submission to the Owner of the required report, sketches, and estimates, and upon his acceptance, which shall be within thirty (30) days, after submission. B. DESIGN PHASE Payment for services in the Design Phase shall be made to the Engineer on an hourly basis. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount shown under Design Phase in Attachment #1 without further authorization by the Owner. This sum shall be paid in monthly installments based upon actual hours at the rates shown in Attachment No. 2 - Hourly Rate Schedule. C. CONSTRUCTION PHASE ,Payment for services in the Construction Phase shall be made to the Engineer on an hourly basis. See Attachment No. 2 - Hourly Rate Schedule. Said payment shall not exceed the total amount 'shown under Construction Phase in Attachment #1 without further authorization by the Onwer. -7- Basis of Compensation: (a) Furnished by the Owner and observed by the Engineer in accordance with Attachment No. 2 - Hourly Rate Schedule, or (b) Owner contract separately with qualified testing firm. 12. Detailed mill, shop and /or laboratory inspection of materials or equipment. Basis of Compensation: (a) Furnished directly by the Owner, or (b) By Engineer in accordance with Attachment No. 2 - Hourly Rate Schedule. 13. Extra travel required of the Engineer and authorized by the Owner from Round Rock to points other than the State of Texas in connection with the Project. Basis of Compensation: Cost of travel and living expenses plus a twenty percent (20 %) service charge. Cost of labor in accordance with Attachment No. 2 - Hourly Rate Schedule. 14. Services for location stakes associated with the Project as necessary for utility companies operating within the City Limits of Round Rock. Payments to the Engineer for authorized services not in the basic hourly charges will be made by the Owner, upon presentation of statements by the Engineer for such services. Should the Owner fail to make payment to the Engineer of the sum names in any partial or final statement when payment is past due for more than thirty (30) days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the current prime rate of banking institutions in Round Rock, from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, at any time thereafter to treat the Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its -9- proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the readvertisement for bids or by the delinquency or insolvency of Contractors, the Engineer shall be compensated for such extra services and ,expenses, which services and expenses shall not be considered as covered by the percentage fee stipulated in this Agreement. Compensation for such extra services shall be in accordance with Attachment No. 2 - Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the design of the Project or for revising design or plans when such design and plans prove not to be feasible for construction. SECTION VIII OWNERSHIP OF DOCUMENTS Engineer shall retain ownership of all original documents, plan designs, and survey notes on all projects that are not completed and for which Engineer is not compensated regardless of whether the instruments were copyrighted. Additionally, all such documents for which Engineer is not compensated Owner will not reuse for extensions of the original project or new projects unless Owner shall secure the permission of Engineer and Engineer shall be entitled to further compensation for the use of such documents. All original documents, plan designs, and survey notes for completed or partially completed projects for which Engineer has been compensated shall be the property of Owner and Engineer and reproducible copies shall be furnished to the Owner upon request. The use by either party of such documents is unrestricted. SECTION IX ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter arising between Owner and Engineer in connection with this Agreement and any liability or claimed liability created hereunder or incident hereto or pertaining to the enforcement of any provision, condition or covenant herein shall be submitted to arbitration under the terms of the Texas General Arbitration Act. Either party may invoke this provision for arbitration by giving the other party notice in writing demanding that such controversy be submitted to arbitration, which notice shall also contain the appointment of an arbitrator by the demanding party. The party receiving such notice of arbitration must, within five (5) days after receiving same, mail to the demanding party a notice of appointment of a second arbitrator. Such two arbitrators shall meet forthwith and agree in writing -10- 1 B.' i upon a third arbitrator, and shall immediately give the parties written notice of the third arbitrator's appointment. If the party upon whom the demand for arbitration is served fails to give the demanding party the required notice of the appointment of the second arbitrator within the required five (5) days, the demanding party may apply to the court under Article 226, Revised Statutes of 1925, to appoint the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator within ten i (10) days from the date the second arbitrator was appointed, either party may apply to the court, under such Article 225, for the appointment of the third arbitrator. I 1 C. The proceedings of the arbitrators, the award made by the arbitrators and the endorsement of such awards shall be governed by the Texas General Arbitration Act, Articles 224 through 238 -6, inclusive, Revised Statutes of 1925, as amended. I D. This entire Section IX providing for arbitration shall survive the termination of this Agreement under any of its provisions, and any controversy between Owner and Engineer existing when the Agreement terminates shall continue to be subject to arbitration hereunder. SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, and upon expiration of the thirty -day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICES AND COMMUNICATION All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: Haynie Kallman & Gray, Inc. Consulting Engineers 309 East Main Street Round Rock, Texas 78664 All notices and communication under this Agreement to be mailed or delivered to the Owner shall be to the following address: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SECTION XII SECTION CAPTIONS Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the Project will be conveyed through the City's Director of Public Works, with whom the Engineer shall confer frequently throughout the Design Phase of the Project. The date for completion of the Design Phase is sixty (60) calendar days following execution of this Agreement. SECTION XII SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. -12-- EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice President shown below, and on behalf of the Owner by its Mayor (thereunto duly authorized) this the day of , 1988. Attest: Joanne Land, City Secretary Attest: de William Waeltz CITY OF ROUND ROCK Mike Robinson, Mayor HAYNIE KALLMAN & GRAY, INC. Steven D. Kallman, P.E., R.P.S. Vice President -13- ATTACHMENT NO. 1 1988 FLAT DRAINAGE PROJECT Project Coordination and Startup 8 hrs. Project Manager @ $55.00 /hr. 3 hrs. Principal @ 100.00 /hr. Design Survey and Site Inspection 8 hrs. 3 Man Crew @ 75.00 /hr. 6 hrs. Project Manager @ 55.00 /hr. Total Preliminary Phase Design 1 hr. Principal @ $100.00 /hr. 16 hrs. Project Manager @ 55.00 /hr. Drafting 48 hrs. Design Technician @ 35.00 /hr. Interoffice Review 1 hr. Principal @ 100.00 /hr. 2 hrs. Project Manager @ 55.00 /hr. Address City Comments 8 hrs. Design Technician @ 35.00 /hr. 4 hrs. Project Manager @ 55.00 /hr. (Assume Bidding All of Project) Specifications 6 hrs. Project Manager @ 55.00 /hr. 24 hrs. Secretarial @ 25.00 /hr. Review 2 hrs. Project Manager @ 55.00 /hr. Total Design Phase $440.00 300.00 600.00 330.00 $1,670.00 $100.00 55.00 100.00 100.00 110.00 280.00 220.00 330.00 600.00 110.00 $4,410.00 Bidding Bid Tabulations 4 hrs. Technical Support Personnel @ $30.00/hr. Contract Preparation and Execution $120.00 8 hrs. Secretarial @ 25.00 /hr. 200.00 4 hrs. Project Manager @ 55.00 /hr. 220.00 I Construction Administration I 10 hrs. per week project representative @ $40.00 /hr. 2 hrs. per week project manager @ $55.00 /hr. Est. cost per week $550.00 Assume 8 weeks of construction $4,400.00 l (Since engineer cannot control total construction time we propose to set maximum monthly fee for construction administration @ $2200.00 excluding bid tabs and contract document preparation) 1 Total Construction Phase $4,940.00 Total Project Fee Not to exceed without further Authorization 1 Based on two month construction time $11,020.00 13. 4. 5. Registered Public Surveyor Project Manager /Hydrologist Engineer -in- Training (E.I.T.) ATTACHMENT NO. 2 HAYNIE KALLMAN & GRAY, INC. HOURLY RATE SCHEDULE CLASSIFICATION 1. Corporate Officer 2. Registered Professional Engineer 6. Land Planner 7. Survey Crew Coordinator 8. Project Representative (includes Vehicle and Equipment) 9. Design Technician 10. Drafter 11. 1Survey Calculation Technician 12. Technical Support Personnel 13. 'Secretarial Personnel 14. Four Man Survey Crew (includes Vehicle and Equipment) 15. T hree Man Survey Crew (includes Vehicle and Equipment) 16. Two Man Survey Crew (includes Vehicle and Equipment) 17. Reimbursement for Direct Non -Labor Expenses and Sub- Contract Expenses - Cost Plus 20% HOURLY RATE $100 $ 75 $ 60 $ 55 $ 45 $ 50 $ 40 $ 40 $ 35 $ 30 $ 40 $ 30 $ 25 $ 80 $ 75 $ 65 Revised 8 -1 -85