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R-90-1502 - 8/23/1990. )50c) R, no tech, inc. 9510 ranch road 620 (512) 2508373 consulting engineers January 11, 1991 environmental engineers transportation engineers industrial site development engineers land development engineers construction managers planners surveyors Mr. James R. Nuse, PE Director of Public Works City of Round Rock 300 South Blair Street Round Rock, Texas 78664 Re: Corridor Drive Street and Drainage Improvements Dear Jim, This letter is to follow up on our conversation yesterday concerning additional engineering services on the above described project. It is our understanding the City wishes to bid a full width section on Corridor Drive as an alternate to the bid for construction of the east 1/2 of the roadway. We would propose to make necessary revisions to the Plans and Specifications for the eastern half of the roadway to facilitate the receipt of bids for an alternate section with compensation based upon the hourly rates shown on Attachment "A ". These fees would be due upon completion of the assignment. Should the City award a full width section roadway, remaining revisions to the Plans and Contract Documents would be made and compensation would be based upon the Standard T.S.P.E. Curve A (Attachment "W), minus design fees paid for previous design work and hourly compensation as described above. The tentative bid date established by the City is February 5th with the award to be made at the regular meeting os the City Council on February 14th. ustln, texas 78726 rti Mr. James R. Nuse Re: Corridor Drive Street and Drainage Improvements Page 2 If this proposal is acceptable to the City of Round Rock, please execute both copies of this authorization in the space provided below. Keep one copy for your records and return the other to our office. Work will commence upon receipt of your signed authorization. If you have any questions or comments, please advise. Very truly yours, RIO TECH, INC. A. William Wael Vice President AWW/slw Attachments icc: Mr. Richard Scott, RTI File No. 103 -3035 andlaim,wp5 Accepted by City of Ro Rock: e4(Cee" °1 c L5 p-e - d��uss Sul, p ko c,.a. I -iv -a► a I- 1b -`it , bv: date: k / / `/ y/ ATTACHMENT A u HOURLY RATE SCHEDULE CLASSIFICATION 1. Corporate Officer $ 75 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% HOURLY RATE .March 15,1990 CA NOTES: 14 13 12 11 10 9 8 7 6 5 4 0.01 (1) When Construction Cost is under $100,000, use reim- bursable basis of compensation. (2) Construction cost below is the work authorized at one time. However, where the work is to be accomplished in a number of separate construction contracts, then each such project element should be evaluated on an individual basis, with additional compensation to the Engineer. (3) The Basic Charge presented below represents median com- pensation. The appropriate compensation for any given assign- ment may vary above or below the curve, depending upon com- plexity. (4) Compensation for alteration work should be increased by at least one -third above the median compensation illustrated. (5) Curve A and Curve B are consistent with Curve A and Curve B in Manual 45, published by the American Society of Civil Engi- neers. New curves will be issued as subsequent revisions are published by ASCE. See USE OF CURVES; page 14 And TYPICAL EXAMPLES; page 16 0.05 01 CONSTRUCTION COST 0.5 5 MILLIONS OF DOLLARS 10 50 100 0 t 0 0 Ulu 11 U 1 - C environmental engineers transportation engineers industrial site development engineers and development engineers construction menagere planners sUrveyors ILL I'IU 5 OU Jdli.11••'J1 11 I'.U1 co je..' rio tech, inc. 5121 250 8373 consulting engineers To: ge..0i 5 ros14L rio tech, inc_ TELECOPIER COVER LETTER Date: ///0/9 J IM. - e,71 of gUN°Ze44.- Fax #: 2g5- GG7{o From: 8a c) c rio tech, inc. TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): Z , IF YOU DO NOT RECEIVE THE TOTAL NUMBER OF PAGES, PLEASE ADVISE AS SOON AS POSSIBLE. OUR TELEPHONE NUMBER IS (512) / 250 -8373 TELECOPIER NUMBER (512) / 335 -8036 TELECOPIER OPERATOR: DATE & TIME SENT: ADDITIONAL INFORMATION: " !H - .4 y yr/EA Pce-Asr , /rJh 4 COPY OP 4/4 8/4-17Y /ischeAPGE PO4 c.5" P2� O✓e- ,)ISGwSS /oa Tbay. A-So 04 h'6 /ho ✓CLy &a/510,i C44;4. 4eS F+2 COv,e/oo2 1,111tSS e,ry , .7..eL! 6177x6 ;moo #DJA•( ,S c:faxform,wp4 ✓& 4 7 -1 9510 ranch road 620 ,austin, texas 78726 O'- ro CAP LEXINGTON INSURANCE COMPANY Wilmington, Delaware (A Stock Insurance Company) Administrative Offices: 200 State Street, Boston, Massachusetts 02109 ARCHITECTS & ENGINEERS PROFESSIONAL LIABILITY POLICY NOTICE: This is a CLAIMS —MADE POLICY. Subject to the terms and conditions of the Policy, this insurance applies to only those CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD. By acceptance of this Policy the Insured agrees that the statements in the Declarations, the Application and any attachments are the Insured's agreements and material representations. The Insured also agrees that this Policy embodies all agreements existing between the Insured and the Company. Please read and review the Policy carefully and discuss the coverage with your insurance representative. Item 1 Named Insured Policy No.:PC55916574889 RIO TECH INC. Item 2 Address 9512 RANCH ROAD 620 AUSTIN, TX 78726 DECLARATIONS Item 3 Policy Period: Effective: 10/03/90 Expiration: 10/03/91 (12:01 AM Standard Time at The Address Stated Herein) Item 4 Limits of Liability: $500,000.00 $500,000.00 Item 5 Deductible: $ 5,000.00 Item 6 Premium: Item 8 Retroactive Date: 10/03/90 Countersigned Renewal of No.: NEW Each Claim Annual Aggregate Each Claim $ 10, 500.00 Minimum Premium $ 10,500.00 Deposit Premium .0350 Audit Rate Item 7 Professional Services: CIVIL ENGINEERING) LAND SURVEYING Item 9 Endorsements: (Application Attached) LEX008- 1(9/66)t LEX2008(3/89) 4u44/ (PIAL Authorized Representative "This Insurance contract Is with an Insurer not licensed to transact Insurance In this state and Is Issued and delivered as a surplus lines coverage pursuant to the Texas Insurance statutes. The State Board of Insurance does not audit the finances or review the solvency of the surplus lines Insurer providing this coverage, and this Insurer Is not a member of the property and casualty Insurance guaranty association created under Article 21.28 -c, Insurance I Code Article 1.14.2, requires payment of 4.85 percent tax on gross premium." \ WHEREAS, the City of Round Rock desires engineering services to complete the following projects: (1) Sunset Drive West - Street and Drainage Improvements and (2) Corridor Drive - Street and Drainage Improvements, and WHEREAS, Rio Tech, Inc. has submitted proposals to provide the needed engineering services, and WHEREAS, the City Council desire to accept the proposals and to enter into agreements with Rio Tech, 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 agreements for engineering services with Rio Tech, Inc. regarding the above two projects, copies of said agreements being attached hereto and incorporated herein for all purposes. RESOLVED this 23rd day of August, 1990. ATTEST: NE LAND, City Secretary RS08230K RESOLUTION NO. [5O i_ MIKE ROBINSON, Mayor City of Round Rock, Texas ENGINEERING SERVICES AGREEMENT ' MADE AND ENTERED INTO by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "Owner ", and RIO TECH, INC., Consulting Engineers., hereinafter called the "Engineer ". RECITALS The Owner intends to construct CORRIDOR DRIVE STREET AND DRAINAGE IMPROVEMENTS, including the eastern one -half of approximately 1,450 L.F. of 60 -foot face -to -face curb and gutter street and all associated drainage improvements from existing Corridor Drive northerly to F.M. 1325 (refer to Attachment No. 1). Such improvements are hereinafter referred to as the "Project ". The estimated cost for the half -width project is $136,517.40 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 witj�1tt 0 regarding the Project. ("el 2. Perform prelim ► j.' -ering services in connection with the Project in suffi �t -il to indicate clearly the problems involved and the al - - e solutions available to the Owner, to include preliminary 1 - -. s, sketches, and cost estimates for the Project, and to set clearly the Engineer's recommendations. If called for by t ope the assignment, prepare a preliminary engineering report. —1— 3. when a written report is prepared, furnish the Owner ten copies of the preliminary report, including preliminary lay sketches and cost estimates. B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of foundation investigations or any special surveys or which, in the opinion of the Engineer, may be require execution of the Project; and arrange with the Owne such investigations and tests. (The per investigations and tests is not a part services, and compensation therefore is Charge; it may be performed by the Owner, in which case compensation shall portions of Section VI D.) 2. Furnish to the Owner, the assignment, the engineering routine permits by local, distinguished from detailed ap government grants —in —aid, s meet the requirements of spe 3. Perform field j & opinion of the Eng Construction staking in the Basic Charge. 4. Prepare pencil on paper, designs shall engineering p submitted t approval. whe \V ( 1 ) ts, ny soil and special testing for the proper for the conduct of ormance of these the Engineer's basic no ' nc1uded in the Basic r, by agreement with the termined by the applicable equired by the circumstances of necessary for applications for te, and federal authorities (as lions and supporting documents for oan programs, planning advances or to programs of the federal government). eys to collect information which, in the , is required in the design of the Project. the Construction Improvements is not included etailed specifications and contract drawings, in or construction authorized by the Owner. These n all respects combine the application of sound nciples with a high degree of economy, and shall be the applicable local, state, and federal agencies for 5 Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid Items and quantities whic will be based, wherever practical, on the unit price system of bi•.ing. The Engineer shall not be required to guarantee the accuracy 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 information on utilities to connection with the Project. The Owner will determine location and depth of underground wa Utilities to be relocated by others sha City -owned utilities to be relocated also Where feasible, relocation of City - owned the construction contract. �/ bids. 8. Provide a lette fo - �t wner's signature to each utility opera ting within th Round Rock advising them of the Project elocations to be performed by that utility roposed construction schedule. This letter and a ans shall be delivered to each utility by the e Engineer shall provide timely assistance and location necessary for utility relocations to assure that utility ations do not delay the Project. and describing any and setting forth complete set o Engineer. stakes re 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 pa•id.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 2. Assist the Owner in the opening and tabulating of bids for construction of the Piojebti - 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- be relocate provide exc r and in ion to wer lines. 1 (,be n on the plans. oted on the plans. es shall be included in 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. 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. -4- 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 and 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. —5— 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, Decign, 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 @ 9510 Ranch Road 620, Austin, 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 Engineer in this manner of the extra work involved in the preparation of separate contiact 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 -6- 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. PRELIMINARY PHASE Payment for services in the Preliminary Phase shall be made o the Engineer on an hourly basis. See Attachment No. 4 - Ho ly Rate Schedule._ Final payment for services in the Preliminary payable upon submission to the Owner of the required and estimates, and upon his acceptance, which shall (30%) days after submission. B. DESIGN PHASE Payment for services in th Engineer in a sum equal to a pergentaa the work authorized by the percentage for the Design PQ e percent (85%) of the Ba Attachment No. 2, less fees The classificat' "B ") for the pur given in Attachment This sum engineer's periods and 85% of th Design P the " then da be paid in installments in proportion to the ate of work completed at the 10% and 40% "complete" % upon submission of completed plans to the Owner, up to otal Basic Charge. Payment for services authorized in the se shall be based upon the Engineer's Preliminary Estimate of nstruction cost" of the work. This Design Phase payment shall e adjusted to the actual "construction cost" within thirty (30) after the project is awarded and the Owner and Contractor have ecuted the Contract Documents. es wz ign Phase shall be made to the of the "construction cost" of n this Phase of the Project. This shall be computed as eighty -five arge, which Basic Charge is defined by d for Preliminary Phase. the construction work (Classification "A" or of applying the alternate Basic Charge is that 3 - Classification of Construction Work. 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 -7- P -.se shall be port, sketches, e within thirty 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. 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 Staking). Construction Layout Surveys 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. — (Construction 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). 10. Preparation of applications and supporting documents for government grants, loans or planning advances for public works projects. 11. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 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. -9- 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 -10- 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 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: Rio Tech, Inc. Consulting Engineers 9510-Ranch Road 620 Austin, Texas 78726 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 u the Contractual Un 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- 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 ninety (90) calendar days following execution of this Agreement. SECTION XIV SUCCESSORS AND ASSIGNS • The Owner and the Engineer each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of 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 gl�a�f of the Ow r is Mayor (thereunto duly authorized) this the (J�/'1 day of , 199.0: Attest: Attest: e Land, Secretary , y y Steven D. Kallman, P.E., R.P.L.S. President -13- CITY OF -ROUND ROCK Mike Robinson, Mayor RIO TECH, INC. a A. William Vice Preside ATTACHMENT NO. 1 SUMMARY OF PRELIMINARY COST ESTIMATE FOR CORRIDOR DRIVE STREET AND DRAINAGE IMPROVEMENTS 1. Eastern one -half of approximately 1,450 L.F. of 60 -foot wide face -to -face curb and gutter street, including all associated appurtenances @ 20% Engineering and Contingencies 22,752.90 TOTAL ESTIMATED PROJECT COST $136,517.40 $113,764.50 NOTES: (1) When Construction Cost is under ;100,000, use relm- • bursable basis of compensation. (2) Construction cost below Is the work authorized at one time. However, where the work is to be accomplished In a number of separate construction contracts, then each such project element should be evaluated on an Individual basis, with additional Compensation to the Engineer. (3) The Basic Charge presented below represents median com- pensation. The appropriate compensation for any given assign- 14 13 12 11 10 e • 7 s a 4 �i auii1111 •u■i1111 •111ii1111 See USE OF CURVES; page 14 And TYPICAL EXAMPLES; page 16 0.01 0.05 0 1 0.5 a • CONSTRUCTION COST ment may vary above or below the curve, depending upon com- plexity. (4) Compensation for alteration work should be increased by at least one-third above the median compensation ittustrated. (5) Curve A and Curve B are consistent with Curve A and Curve B 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 3 0 50 100 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 under 24 -inch diameter Water pumping stations Sewage lift stations' Y ' 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" 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 24" diameter and over Water distribution lines under 12" Water storage tanks (elevated, ground storage and standpipes) Earthwork Storm sewers 24" diameter and over ATTACHMENT NO. 4 RIO TECH, INC. HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE 1. Registered ProfeSsiohal $ 75 2. Registered Public Surveyor $ 60 3. Project Manager /Hydrologist $ 55 4. Engineer -in- Training (E.I.T.) $ 45 5. Land Planner $ 50 6. Survey Crew Coordinator $ 40 7. Project Representative (includes Vehicle and Equipment) $ 40 8. Design Technician $ 35 9. Drafter $ 30 10. Survey Calculation Technician $ 40 11. Technical Support Personnel $ 30 12. Secretarial Personnel $ 25 13. Four Man Survey Crew (includes Vehicle and Equipment) $ 80 14. Three Man Survey Crew (includes Vehicle and Equipment) $ 75 15. Two Man Survey Crew (includes Vehicle and Equipment) $ 65 16. Reimbursement for Direct Non -Labor Expenses and Sub - Contract Expenses - Cost Plus 20% rio tech, inc. 15121 250 8373 environmental engineers transportation engineers Industrial site development engineers land development engineers construction managers planners surveyors consulting engineers austin. texas 78726 August 3, 1990 Mr. James Nuse, P.E. Director of Public Works City of Round Rock 300 South Blair Round Rock, Texas 78664 Re: Engineering Services Agreements Sunset Drive West - Street and Drainage Improvements Corridor Drive - Street and Drainage Improvements Dear Mr. Muse: We are pleased to submit the attached proposals for engineering services in conjunction with the above referenced projects. The attached standard Engineering Services Agreeglents have been revised to delete the Preliminary and Design phases of the standard contract. We appreciate this opportunity to submit these proposals and look forward to a successful completion of the projects. If you have any questions or comments, please advise. Very truly yours, RIO TECH, INC. A. William Waeltz Vice President AWW /s1w Attachments cc: Mr. Bob Bennett, A.I.C.P., City Manager, City of Round Rock icc: Mr. Steven D. Ka1Inan, P.E., R.P.L.S., RIO TECH, INC. :nuseaww,wpl 9510 ranch road 620 DATE: August 21, 1990 SUBJECT: City Council Meeting, August 23, 1990 ITEM: 9K. Consider a resolution authorizing the Mayor to transfer contracts from Haynie & Kallman, Inc. to Rio Tech. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The Engineering firm of Haynie and Kallman designed Corridor Drive and Sunset Drive West. The portion of the agreements to be transfered is the construction administration portions. Rio2Tech does not currently have liability insurance and is currently seeking coverage. MADE AND ENTERED INTO by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "Owner ", and RIO TECH, INC., Consulting Engineers,, hereinafter called the "Engineer ". The Owner intends to reconstruct Sunset Drive West Street and Drainage Improvements, including approximately 373 linear feet of 30 foot face to face curb and gutter street and all associated drainage improvements from Chisholm Trail, easterly to the I H 35 Frontage Road (refer to Attachment No. 1). Such improvements are hereinafter refered to as the "Project ". The estimated cost for the Project is $ 49,398.00, including construction costs, engineering and contingencies. A. PRELIMINARY PHASE ENGINEERING SERVICES AGREEMENT 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 wit 0 regarding the Project. 2. Perform prelim ary ► . • ering services in connection with the Project in suffi.,�it1 •• .il to indicate clearly the problems involved and the alt - e solutions available to the Owner, to include preliminary 1 s, sketches, and cost estimates for the Project, and to set clearly the Engineer's recommendations. If called for by t a ope of the assignment, prepare a preliminary engineering report. -1- 3. When a written report is prepared, furnish the Owner ten copies of the preliminary report, including preliminary lay sketches and cost estimates. B. DESIGN PHASE 1. Establish the scope, and advise the Owner, of .ny soil and foundation investigations or any special surveys or special testing which, in the opinion of the Engineer, may be require• for the proper execution of the Project; and arrange with the Owne for the conduct of such investigations and tests. (The per•ormance of these investigations and tests is not a part the Engineer's basic services, and compensation therefore is no 'ncluded in the Basic Charge; it may be performed by the er, by agreement with the Owner, in which case compensation shall F . - termined by the applicable portions of Section VI D.) 2. Furnish to the Owner, whe0 equired by the circumstances of the assignment, the engineering . necessary for applications for routine permits by local, te, and federal authorities (as distinguished from detailed ap i tions and supporting documents for government grants -in -aid, s.- oan programs, planning advances or to meet the requirements ofsspe Y . programs of the federal government). ,, 3. Perform field 'uc.eys to collect information which, in the opinion of the Eng' e , is required in the design of the Project. Construction staking ' the -.Construction Improvements is not included in the Basic Charge. 4. Prepare .etailed specifications and contract drawings, in pencil on paper, or construction authorized by the Owner. These designs shall n all respects combine the application of sound engineering pr'nciples with a high degree of economy, and shall be submitted t• 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 whic will be based, wherever practical, on the unit price system of bi•.ing. The Engineer shall not be required to guarantee the accuracy o 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- ( ) t 7. Provide information on utilities to be relocate in connection with the Project. The Owner will provide exc ion to determine location and depth of underground war and : -wer lines. Utilities to be relocated . by others sha 1 e n on•the plans. City -owned utilities to be relocated also �1: oted on the plans. Where feasible, relocation of City -o nod ' es shall be included in the construction contract. �� \/ 8. Provide a fo ! - owner's signature to each utility operating within th- 4 t .- Round Rock advising them of the Project and describing any I . elocations to be performed by that utility and setting forth . .roposed construction schedule. This letter and a complete set o - ans• shall.- be delivered to each utility 'by the Engineer.. e Engineer shall provide timely assistance and location stakes - necessary for utility relocations to assure that utility re ations 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 pa•id,for in accordance with- •Attachment 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 at 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 E 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. 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. -4- 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 and 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. —5— 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, Docign, 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 @ 9510 Ranch Road 620, Austin, 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 cdnstfuction 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 -6- . PRELIMINARY PHASE Payment for services in the Preliminary Phase shall be made o the Engineer on an hourly basis. See Attachment No. 4 - Ho ly Rate Schedule.. Final payment for services in the Preliminary payable upon submission to the Owner of the required and estimates, and upon his acceptance, which shall (30%) days after submission. B. DESIGN PHASE Payment for services in th Engineer in a sum equal to a perFenia the work authorized by the percentage for the Design Phi e percent (85%) of the Baste Attachment No. 2, less fees The classificat "B ") for the pur given in Attachment This sum wi engineer's es periods and 85% of th Design P the " then da 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. -7- P•. se shall be eport, sketches, e within thirty ign Phase shall be made to the of the "construction cost" of n this Phase of the Project. This shall be computed as eighty -five arge, which Basic Charge is defined by d for Preliminary Phase. the construction work (Classification "A" or of applying the alternate Basic Charge is that 3 - Classification of Construction Work. be paid in installments in proportion to the ate of work completed at the 10% and 40% "complete" 0% upon submission of completed plans to the Owner, up to otal Basic Charge. Payment for services authorized in the se shall be based upon the Engineer's Preliminary Estimate of nstruction cost" of the work. This Design Phase payment shall e adjusted to the actual "construction cost" within thirty (30) after the project is awarded and the Owner and Contractor have ecuted 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. 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— 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). 10. Preparation of applications and supporting documents for government grants, loans or planning advances for public works projects. 11. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. 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. —9— 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 -10- 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 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 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: Rio Tech, Inc. Consulting Engineers 9510 -Ranch Road 620 Austin, Texas 78726 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- SECTION XIII SCHEDULE -OF .COMPLETION ... The Engineer will feilfill 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 ninety (90) calendar days following execution of this Agreement. Attest: Attest: O ld// //L_ // /. •j ne Land, Cit' Secretary Steven D. Kallman, P.E., R.P.L.S. President SECTION XIV SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of 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 onppl)a,lf of the O er y l Mayor (thereunto duly authorized) this the >>(J#/�� day of a , 199.0. - CITY OF - ROUND ROCK Mike Robinson, Mayor RIO TECH, INC. I // . Wi iam Wae Vice President ATIACFPENT NO.1 SUMMARY FOR PRELIMINARY COST ESTIMATE FOR SUNSET DRIVE WEST STREET AND DRAINAGE IMPROVEMENTS 1. 373 L.F. of 30 foot face to face curb and gutter street with brick paver sidewalks, including all drainage iiiprovanents and appurtenances @ $ 41,165.00 20% Engineering and Contingencies $ 8,233.00 TOTAL ESTIMATED PROJECT COST $ 49,398.00 NOTES: 14 13 12 11 10 a (1) When Construction Cost Is under $100,000, use retm- • bursabie basis of compensation. (2) Construction cost below is the work authorized at one time. However, where the work fs 10 be accomplished In a number of separate construction contracts, then each such project element should be evaluated on an Individual basis, with additional Compensation to the Engineer. (3) The Basic Charge presented below represents median com- pensation. The appropriate compensation for any given assign. s 7 a e 4 1 See USE OF CURVES; page I4 And TYPICAL EXAMPLES; page 16 0.01 0.06 01 CONSTRUCTION COST 0 rnerrt may vary above or below the curve, depending upon coal- plesity. (4) Compensation for alteration work should be Increased by at least one-third above the median compensation Illustrated. (5) Curve A and Curve B are consistent with Curve A and Curve B . in Manual 45, published by the American Society of Chit Engi- neers. New curves will be issued as subsequent revisions are published by ASCE. MILLIONS OF DOLLARS 10 50 100 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 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" 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 24" diameter and over Water distribution lines under 12" Water storage tanks (elevated, ground storage and standpipes) Earthwork Storm sewers 24" diameter and over RIO TECH, INC: HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE 1. Registered Professional - Engineer $ 75 2. Registered Public Surveyor $ 60 3. Project Manager /Hydrologist $ 55 4. Engineer -in- Training (E.I.T.) $ 45 5. Land Planner $ 50 6. Survey Crew Coordinator $ 40 7. Project Representative (includes Vehicle and Equipment) $ 40 8. Design Technician $ 35 9. Drafter $ 30 10. Survey Calculation Technician $ 40 11. Technical Support Personnel $ 30 12. Secretarial Personnel $ 25 13. Four Man Survey Crew (includes Vehicle and Equipment) $ 80 14. Three Man Survey Crew (includes Vehicle and Equipment) $ 75 15. Two Man Survey Crew (includes Vehicle and Equipment) $ 65 16. Reimbursement for Direct Non -Labor Expenses and Sub - Contract Expenses - Cost Plus 20% ATTACHMENT NO. 4