R-88-1162 - 9/8/1988WHEREAS, the City of Round Rock, Texas desires to construct
certain improvements to the City's water transmission system near the
intersection of McNeil Road and IH -35, and
WHEREAS, professional engineering services are required in
connection with the design of said 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 of Round Rock, Texas, an agreement with Haynie,
Kallman & Gray, Inc., a copy of such agreement being attached hereto
and incorporated herein for all purposes.
RESOLVED this 8th day of September, 1988.
ATTEST:
1 11/1AAJI ! mot:. /L/.
J01 NE LAND, Ci
C3ORESWATER
y Secretary
RESOLUTION NO. / /e-
MIKE ROBINSON, Mayor
City of Round Rock, Texas
DATE: September 6, 1988
SUBJECT: Council Agenda, September 8, 1988
ITEM: 13J. Consider a resolution authorizing the Mayor to
enter into an engineering contract with Haynie
Kallman & Gray, Inc., for the McNeil Road /IH35
Project.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
In order to consolidate several small
water lines beneath 1H35 with a larger
line, HK &G was authorized under a letter
of authorization to prepare plans. Staff
used these plans in an attempt to negotiate
a change order with the Highway Department's
prime contractor. We were unable to
negotiate a satisfactory price and therefore
went out for bid. This required the
Engineer to prepare bid documents, advertize
and perform all related duties to a Public
Works project. Because the project scope
increased significantly, it is recommended
that Council enter into a standard engineering
contract and that credit for all previous
expenditures be credited to this contract.
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 McNeil Road /IH -35 Water Line
Relocation, consisting of approximately 470 L.F. of 12" water line,
necessitated by the impending IH -35 roadway construction (refer to
Attachment No. 1). Such improvements are hereinafter referred to as
the "Project ". The estimated cost for the Project is $47,690
including construction costs, engineering and contingencies.
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.
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.
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(9/2/88)
3. When a written report is prepared, furnish the Owner ten (10)
copies of the preliminary report, including preliminary
layouts, sketches, and cost estimates.
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.
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. 4 - Hourly Rate Schedule.
-2-
7. 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. 4 - 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. 4 - 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
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.
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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.
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.
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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 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
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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
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.
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A. PRELIMINARY PHASE
Payment for services in the Preliminary Phase shall be made to the
Engineer on an hourly basis not to exceed $5,000 and invoiced
monthly. See Attachment No. 4 - Hourly Rate Schedule.
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 in a sum equal to a percentage of the "construction cost"
of the work authorized by the Owner in this Phase of the Project.
This percentage of the Design Phase shall be computed as
eighty -five percent (85%) of the Basic Charge, which Basic Charge
is defined by Attachment No. 2.
The classification of the construction work (Classification "A" or
"B") for the purpose of applying the Basic Charge is that given in
Attachment No. 3 - Classification for Construction Work.
This sum will be paid in installments in proportion to the
Engineer's estimate of work completed at the 10% and 40%
"complete" periods and 100% upon submission of completed plans to
the Owner, up to 85% of the total Basic Charge. Payment for
services authorized in the Design Phase shall be based upon the
Engineer's Preliminary Estimate of the "construction cost" of the
work. This Design Phase payment shall then be adjusted to the
actual "construction cost" within thirty (30) days after the
Project is awarded and the Owner and Contractor have executed the
Contract Documents.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to
the Engineer in a sum equal to a percentage of the "construction
cost" of the work authorized by the Owner in this Phase of the
Project. This percentage for the Construction Phase shall be
computed as fifteen percent (15%) of the Basic Charge, which Basic
Charge is defined in Attachment No. 2.
The classification of the construction work (Classification "A" or
"B ") is that given in Attachment No. 3 - Classification of
Construction Work.
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This sum will.be paid in monthly installments in proportion to the
construction work completed, on the basis of the Engineer's
estimates prepared for monthly payments to Contractors, plus the
actual value of all materials and equipment purchased or furnished
directly by the Owner for the Project. Upon completion of all
work authorized in the Construction Phase, the Engineer will be
paid the remainder of the charge for this Phase.
D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED
IN ABOVE PERCENTAGE CHARGES
The charges above described in the Preliminary, Design, and
Construction Phases shall provide compensation to the Engineer for
all services called for under this Agreement to be performed by
him, or under his direction, except the services set forth below.
These excluded services and Special Assignments, and the
compensation to be paid by the Owner to the Engineer for their
performance, as required, are as follows:
The following services (1 through 8), if authorized by the Owner,
shall be reimbursed in accordance with Attachment No. 4 - Hourly
Rate Schedule.
1. Services of a Resident Project Representative, and other
field personnel as required, for on- the -site observation of
construction.
2. Services for Design Surveys if not included in Basic Charge.
3. Services for Construction Layout Surveys (Construction
Staking).
4. Land surveys and establishment of boundaries and monuments.
5. Preparation of property or easement descriptions.
6. Preparation of any special reports required for marketing of
bonds.
7. Appearance before regulatory agencies.
8. Special investigations involving detailed consideration of
operation, maintenance and overhead expenses; preparation of
rate schedules; earnings and expense statements; special
feasibility studies; appraisals; valuations; and material
audits or inventories required for certification of force
account construction performed by the Owner.
9. Additional copies of reports and specifications (over 25) and
additional blue print copies (over 25).
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10. Preparation of applications
government grants, loans or
works projects.
11. Assistance to the Owner
litigation with third parties,
or construction of the Project
-9-
and supporting' documents for
planning advances for public
as an expert witness in any
arising from the development
12. Soil and foundation investigations, as required for the
design of this Project and for Trench Safety Design,
including test and analyses of test results.
Basis of Compensation: (a) Furnished by the Owner and
observed by the Engineer in accordance with Attachment No. 4
- Hourly Rate Schedule, or (b) Owner contract separately with
qualified testing firm.
13. 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. 4 -
Hourly Rate Schedule.
14. 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. 4 - Hourly Rate Schedule.
15. 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
percentage charges will be made by the Owner, upon presentation of
statements by the Engineer for such services, but not until Bond
or Grant funds are in the Owner's possession.
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
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. 4 - 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.
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SECTION IX
ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
A. Any controversy hereafter arising between Owner and Engineer in
connection with this Agreement and any liability or claimed
liability created hereunder or incident hereto or pertaining to
the enforcement of any provision, condition or covenant herein
shall be submitted to arbitration under the terms of the Texas
General Arbitration Act. Either party may invoke this provision
for arbitration by giving the other party notice in writing
demanding that such controversy be submitted to arbitration, which
notice shall also contain the appointment of an arbitrator by the
demanding party. The party receiving such notice of arbitration
must, within five (5) days after receiving same, mail to the
demanding party a notice of appointment of a second arbitrator.
Such two arbitrators shall meet forthwith and agree in writing
upon a third arbitrator, and shall immediately give the parties
written notice of the third arbitrator's appointment.
B. If the party upon whom the demand for arbitration is served fails
to give the demanding party the required notice of the.appointment
of the second arbitrator within the required five (5) days, the
demanding party may apply to the court under Article 226, Revised
Statutes of 1925, to appoint the second arbitrator. If the first
two arbitrators fail to agree upon a third arbitrator within ten
(10) days from the date the second arbitrator was appointed,
either party may apply to the court, under such Article 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 IX
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 Hallman & Gray, Inc.
Consulting Engineers
309 E. 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.
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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.
EXECUTED in two counterparts (each of which is an original) on
behalf of the Engineer by its Vice President shown below, and on
behalf the Owner by it Mayor (thereunto duly authorized) this
the day of o ,u e t i , 1988.
Attest:
41 .IL' a , dil
Joa Land, Ci y Secretary
Attest:
ia))A (dA
A. William Waltz
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CITY OF ROUND ROCK
Mike Robinson, Mayor
HAYNIE KALLMAN & GRAY, INC.
Steven D. Kallman, P.E., R.P.S.
Vice President
ATTACHMENT NO. 1
SUMMARY OF COSTS FOR
MCNEIL ROAD /I.H. 35 WATER LINE IMPROVEMENTS
1. Approximately 470 L.F. of 12 -inch
water line including all associated
appurtenances as bid
2. Engineering Fees (based on Curve A)
Total Estimated Project Cost
$42,690.00
5.000.00
$47,690.00
NOTES: (1) When Construction Cost Is under $100,000, use rolm•
• bumble basis of compensation.
(2) Construction cost below Is the work authorized at one time.
However. where the work Is to be accomplished Ina number of
separate construction contracts, Then each such protect element
should be evaluated on an Individual basis, with additional
compensation to the Engineer.
(3) The Basic Charge presented compensation be re for rats given assign.
p The appropriate
14
12
12
11
10
7
•
5
A
i
See USE OF CURVES; page 14
And TYPICAL EXAMPLES; page 16
0w
DOS
a 1
CONSTRUCTION COST
tnent may Vary above or below the curve, depending upon com.
piesity.
I saat t one•i p hk a t median alteration c�ompensationinusst a rrat ed by at
(5) Curve A and Curve 5 are consistent with Curve A and Curve
In Manual 45. published by the American Society of Civil Engi-
neers. New curves will be issued as subsequent revisions are
published by ASCE.
• MILLIONS OF DOLLARS
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ATTACHMENT NO. 3
CLASSIFICATION OF CONSTRUCTION WORK
CURVE A will apply to assignments of which the following are typical
examples (payment for design surveys included with below assignments
except where shown otherwise):
Water treatment plants
Sewage and industrial waste treatment plants
Sanitary sewage collection lines and force mains under 24 -inch
diameter
Water pumping stations
Sewage lift stations
Open- section streets, no curb and gutter, and associated
drainage improvements (NO DESIGN SURVEYS INCLUDED IN BASIC
CHARGE)
Curb and gutter, streets and associated drainage improvements
Bridges, box culverts and major drainage structures
Water distribution lines 12 -inch and larger (on Curve "A" due
to profile being required on Plans)
Water storage tank renovation, including re- painting, yard
piping, or tank appurtenances
CURVE B will apply to less complicated assignments of which the
following are examples (payment for design surveys included with below
assignments except where shown otherwise):
Sanitary sewage collection lines and force mains 24 -inch
diameter and over
Water distribution lines under 12 -inch
Water storage anks (elevated and ground storage and standpipe)
Earthwork
Storm sewers 24 -inch diameter and over
ATTACHMENT NO. 4
HAYNIE KALLMAN & 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
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 ".
The Owner intends to construct the McNeil Road /IH -35 Water Line
Relocation, consisting of approximately 470 L.F. of 12" water line,
necessitated by the impending IH -35 roadway construction (refer to
Attachment No. 1). Such improvements are hereinafter referred to as
the "Project ". The estimated cost for the Project is $47,690
including construction costs, engineering and contingencies.
A. PRELIMINARY PHASE
RECITALS
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.
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.
-1-
(9/2/88)
3. When a written report is prepared, furnish the Owner ten (10)
copies of the preliminary report, including preliminary
layouts, sketches, and cost estimates.
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.
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. 4 - Hourly Rate Schedule.
-2-
7. 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. 4 - 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. 4 - Hourly Rate Schedule.
C. CONSTRUCTION PHASE
1. Assist the Owner in the advertisement of the
bids.
Project for
2. Assist the Owner in the opening and tabulating
construction of the Project, and recommend to the
the proper action on all proposals received.
3. Assist in the preparation of formal Contract Documents for
the contracts.
of bids for
Owner as to
4. Make periodic visits to the site (as distinguished from the
continuous services of a Resident Project Representative
described in Subparagraph 6 below) to observe the progress
and quality of the executed work and to determine, in
general, if the work is proceeding in accordance with the
Contract Documents. In performing this service, the Engineer
will not be required to make exhaustive or continuous on -site
inspections to check the quality or quantity of the work or
material; he will not be responsible for the techniques and
sequences of construction or the safety precautions incident
thereto, and he will not ,be responsible or liable in any
degree for the 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.
-3-
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.
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.
-4-
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 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
-5-
-6-
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
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 not to exceed $5,000 and invoiced
monthly. See Attachment No. 4 - Hourly Rate Schedule.
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 in a sum equal to a percentage of the "construction cost"
of the work authorized by the Owner in this Phase of the Project.
This percentage of the Design Phase shall be computed as
eighty -five percent (85%) of the Basic Charge, which Basic Charge
is defined by Attachment No. 2.
The classification of the construction work (Classification "A" or
"B ") for the purpose of applying the Basic Charge is that given in
Attachment No. 3 - Classification for Construction Work.
This sum will be paid in installments in proportion to the
Engineer's estimate of work completed at the 10% and 40%
"complete" periods and 100% upon submission of completed plans to
the Owner, up to 85% of the total Basic Charge. Payment for
services authorized in the Design Phase shall be based upon the
Engineer's Preliminary Estimate of the "construction cost" of the
work. This Design Phase payment shall then be adjusted to the
actual "construction cost" within thirty (30) days after the
Project is awarded and the Owner and Contractor have executed the
Contract Documents.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to
the Engineer in a sum equal to a percentage of the "construction
cost" of the work authorized by the Owner in this Phase of the
Project. This percentage for the Construction Phase shall be
computed as fifteen percent (15%) of the Basic Charge, which Basic
Charge is defined in Attachment No. 2.
The classification of the construction work (Classification "A" or
"B ") is that given in Attachment No. 3 - Classification of
Construction Work.
-7-
This sum will be paid in monthly installments in proportion to the
construction work completed, on the basis of the Engineer's
estimates prepared for monthly payments to Contractors, plus the
actual value of all materials and equipment purchased or furnished
directly by the Owner for the Project. Upon completion of all
work authorized in the Construction Phase, the Engineer will be
paid the remainder of the charge for this Phase.
D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED
IN ABOVE PERCENTAGE CHARGES
The charges above described in the Preliminary, Design, and
Construction Phases shall provide compensation to the Engineer for
all services called for under this Agreement to be performed by
him, or under his direction, except the services set forth below.
These excluded services and Special Assignments, and the
compensation to be paid by the Owner to the Engineer for their
performance, as required, are as follows:
The following services (1 through 8), if authorized by the Owner,
shall be reimbursed in accordance with Attachment No. 4 - Hourly
Rate Schedule.
1. Services of a Resident Project Representative, and other
field personnel as required, for on- the -site observation of
construction.
2. Services for Design Surveys if not included in Basic Charge.
3. Services for Construction Layout Surveys (Construction
Staking).
4. Land surveys and establishment.of boundaries and monuments.
5. Preparation of property or easement descriptions.
6. Preparation of any special reports required for marketing of
bonds.
7. Appearance before regulatory agencies.
8. Special investigations involving detailed consideration of
operation, maintenance and overhead expenses; preparation of
rate schedules; earnings and expense statements; special
feasibility studies; appraisals; valuations; and material
audits or inventories required for certification of force
account construction performed by the Owner.
9. Additional copies of reports and specifications (over 25) and
additional blue print copies (over 25).
-8-
10. Preparation of applications
government grants, loans or
works projects.
11. Assistance to the Owner
litigation with third parties,
or construction of the Project
and supporting documents for
planning advances for public
•
as an expert witness in any
arising from the development
12. Soil and foundation investigations, as required for the
design of this Project and for Trench Safety Design,
including test and analyses of test results.
Basis of Compensation: (a) Furnished by the Owner and
observed by the Engineer in accordance with Attachment No. 4
- Hourly Rate Schedule, or (b) Owner contract separately with
qualified testing firm.
13. 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. 4 -
Hourly Rate Schedule.
14. 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. 4 - Hourly Rate Schedule.
15. 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
percentage charges will be made by the Owner, upon presentation of
statements by the Engineer for such services, but not until Bond
or Grant funds are in the Owner's possession.
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
-9-
as provided herein, at any time thereafter to treat the Agreement
as terminated by the Owner and recover compensation as provided by
Section X of this Agreement.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such
revisions of the preliminary drawings as may be required to meet the
needs of the Owner, but after a definite plan has been approved by the
Owner, if a decision is subsequently made by the Owner, which, for its
proper execution, involves extra services and expenses for changes in,
or addition to the drawings, specifications or other documents, or if
the Engineer is put to labor or expense by delays imposed on him from
causes not within his control, such as by (but not limited to) the
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. 4 - 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.
-10-
SECTION IX
ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
A. Any controversy hereafter arising between Owner and Engineer in
connection with this Agreement and any liability or claimed
liability created hereunder or incident hereto or pertaining to
the enforcement of any provision, condition or covenant herein
shall be submitted to arbitration under the terms of the Texas
General Arbitration Act. Either party may invoke this provision
for arbitration by giving the other party notice in writing
demanding that such controversy be submitted to arbitration, which
notice shall also contain the appointment of an arbitrator by the
demanding party. The party receiving such notice of arbitration
must, within five (5) days after receiving same, mail to the
demanding party a notice of appointment of a second arbitrator.
Such two arbitrators shall meet forthwith and agree in writing
upon a third arbitrator, and shall immediately give the parties
written notice of the third arbitrator's appointment.
B. If the party upon whom the demand for arbitration is served fails
to give the demanding party the required notice of the appointment
of the second arbitrator within the required five (5) days, the
demanding party may apply to the court under Article 226, Revised
Statutes of 1925, to appoint the second arbitrator. If the first
two arbitrators fail to agree upon a third arbitrator within ten
(10) days from the date the second arbitrator was appointed,
either party may apply to the court, under such Article 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 IX
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 Rallman & Gray, Inc.
Consulting Engineers
309 E. 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.
-12-
Attest:
4 1 _ Lam .
'
nne Land, City Secretary
Attest:
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.
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 y its Mayor (thereunto duly authorized) this
the g day of �,n�Lt2, , 1988.
CITY OF ROUND ROCK
Steven D. Kallman, P.E., R.P.S.
Vice President
-13-
Mike Robinson, Mayor
HAYNIE KALLMAN & GRAY, INC.
ATTACHMENT NO. 1
SUMMARY OF COSTS FOR
MCNEIL ROAD /I.H. 35 WATER LINE IMPROVEMENTS
1. Approximately 470 L.F. of 12 -inch
water line including all associated
appurtenances as bid
2. Engineering Fees (based on Curve A)
Total Estimated Project Cost
$42,690.00
5,000.00
$47,690.00
NOTES:
(1) When Construction Cod Is under $100,000, use relm•
bursable balls oI compensation.
(2) Construction cost below Is the work authorized at one time.
However. where IM work Is to be accomplished In a number of
separate construction contracts, then each such protect element
should be evaluated on an Individual basis, with additional
compensation to the Engineer.
(3) The Basic Charge presented below represents median corn.
pensation. The appropriate compensation for any given assign.
s
4
1
See USE OF CURVES; page 14
And TYPICAL EXAMPLES; page 16
0.01 0.01 0.1
CONSTRUCTION COST
0.0
Inent may vary above or below the curve, depending upon cam.
pieahty.
(4) Compensation for alteration work should be increased by at
least one•thkd above the median compensation Illustrated.
(5) Curve A and Curve B are consistent with Cum A and Curve D
In Manual 45, published by the American Society of Civil Engl.
neers. New curves will be Issued as subsequent revisions are
published by ASCE.
s
MILLIONS OF DOLLARS
10
00
00
ATTACHMENT NO. 3
CLASSIFICATION OF CONSTRUCTION WORK
CURVE A will apply to assignments of which the following are typical
examples (payment for design surveys included with below assignments
except where shown otherwise):
Water treatment plants
Sewage and industrial waste treatment plants
Sanitary sewage collection lines and force mains under 24 -inch
diameter
Water pumping stations
Sewage lift stations
Open- section streets, no curb and gutter, and associated
drainage improvements (NO DESIGN SURVEYS INCLUDED IN BASIC
CHARGE)
Curb and gutter, streets and associated drainage improvements
Bridges, box culverts and major drainage structures
Water distribution lines 12 -inch and larger (on Curve "A" due
to profile being required on Plans)
Water storage tank renovation, including re- painting, yard
piping, or tank appurtenances
CURVE B will apply to less complicated assignments of which the
following are examples (payment for design surveys included with below
assignments except where shown otherwise):
Sanitary sewage collection lines and force mains 24 -inch
diameter and over
Water distribution lines under 12 -inch
Water storage anks (elevated and ground storage and standpipe)
Earthwork
Storm sewers 24 -inch diameter and over
ATTACHMENT NO. 4
HAYNIE KALLMAN & 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