R-94-09-22-10E - 9/22/1994Mayor
Charles Culpepper
Mayor Pro•tem
Robert Sduka
Council Members
Rod Morgan
Rick Stewart
Earl Palmer
Martha Chavez
JmunyJoseph
City Manager
Robert L. Bennett, Jr.
City Attorney
Stephan L. Sheets
September 27, 1994
THE CITY OF ROUND ROCK
221 East Main Street
Round Rock, Texas 78664
512 - 255 -3612
John Noell
Urban Design Group
4412 Spicewood Springs Road, Suite 800
Austin, TX 78759
Dear Mr. Noell:
Resolution No. R- 94- 09- 22 -10E was approved by the Round Rock City
Council on September 22, 1994.
Enclosed is a copy of the resolution and agreement for your files. If you
have any questions, please do not hesitate to call.
Sincerely cr
Joanne Land
Assistant City Manager/
City Secretary
Enclosures
Fax 512-255-6676 1- 800- 735.2989(TDD) 1- 800 - 735 -2988 (Voice)
design services for the Summit St. /Sunset Dr. /Winstead area
drainage improvements, and
WHEREAS, Urban Design Group has submitted an agreement to
provide said engineering services, and
WHEREAS, the City Council desires to enter into said
agreement with Urban Design Group, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an agreement with Urban Design Group for
engineering design services for the Summit St. /Sunset Dr. /Winstead
area drainage improvements, a copy of said agreement being attached
hereto and incorporated herein for all purposes.
RESOLVED this 22nd day of September, 1994.
ATTEST:
WHEREAS, the City of Round Rock desires to retain engineering
KS /RESOLUTION
RS40922E
RESOLUTION NO. R -94- Oci-cc -/D
E LAND, City Secretary
CHARLES CULPiEP Mayor
City of Round ock, Texas
AGREEMENT
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the City of Round Rock, Texas
hereinafter called the "Owner", and Urban Design Group, hereinafter called the
"Engineer".
A. PRELIMINARY PHASE
RECITALS
Owner intends to construct Drainage Improvements to Summit/Winsted Area.
Such improvements are hereinafter referred to as the "Project ". The estimated cost for
the Project is $85,000.00 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 11
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.
1
.1
2. Perform preliminary engineering services in connection with 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.
3. When a written report is prepared, fumish 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 A).
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 the special programs of the federal government). •
3. Perform field surveys to collect information which in the opinion of the
Engineer, is required in the design of the Project. Construction staking for
the Construction Improvement is not included in the Basic Charge.
4. Prepare detailed specifications and contract drawings 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 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
2
RRAGR
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. 3 - Hourly Rate Schedule.
7. Provide information on utilities to be relocated in connection with the
project. The Owner will provide excavation to determine location to
determine location and depth of underground water and sewer lines.
Utilities to be relocated by others shall be noted on the plans. City -owned
utilities to be relocated also shall be noted on the plans. Where feasible,
relocation of City -owned utilities shall be included in the construction
contract.
8. Provide a letter for the Owner's signature to each utility operating within the
City of Round Rock advising them of the project and describing any known
relocations to be performed by that utility and setting forth a proposed
construction schedule. This letter and a complete set of plans shall be
delivered to each utility by the Engineer. The Engineer shall provide timely
assistance and location stakes as necessary for utility relocations to assure
that utility relocations do not delay the project.
9. Provide easement and right -of -way descriptions to the Owner in
conjunction with submission of final plans. These will be provided in the
form of field notes and drawing of the affected properties. These services
will be paid for in accordance with Attachment No. 3 - Hourly Rate
Schedule.
10. Provide field surveys and property legal 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. 3 - 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
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02/26,94 14:52 POUND ROCK PUBLIC WORKS - 512 332 0763
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 materiel; he will not be responsible
for the techniques and sequences of construction or the safety
precautions incident thereto, and he will not be responsible or liable in
any degree for the contractors' failure to perform the construction work
in accordance with the Contract Documents. During visits- to the
construction site, and on the basis of the Engineer's on -site observations
as an experienced and qualified design professional, he will keep the
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 and advise with 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 A.) 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 selection 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
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NO.215 PO!
03/35/94 14:53 ROUND ROCK PUBLIC WORKS - 512 338 0753
does not underwrite, guarantee, or insure the work done by the
contractors, and since it is the contractors' responsibility to perform the
work in accordance with the Contract Documents, the Engineer is not
responsible or liable for the contractors' failure to do so, and, so long as
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 any such defect 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 in a form acceptable to the City.
9. Conduct, in company with the Owner, a final inspection of the Project
for conformance with the design concept of the Project and compliance
with the Contract Documents, and approve in writing final payment to
the contractors.
10. Revise contract drawings, with the assistance of the resident Project
Representatives, or the Owners representative, to provide record
drawings of the completed Project. Furnish one set of reproducible
drawings and one set of prints of there revised drawings to the Owner,
SECTION II(
AUTHORIZATION OF SERVICES
No professional services of any nature shall be undertaken by the Engineer
under this Agreement until he has received written authorization from the Owner.
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08/36/94 14:54 ROUND ROCK PUBLIC WORKS - 512 333 0763 NO.215 P0T
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 periodic conferences 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, and be 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
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.
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0826.94 14:55 ROUND POCK PUBLIC WORKS - 512 338 0763
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 form 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 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 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 Preliminary Phase shall
be computed as ten percent (10 %) of the Basic Charge, which Basic Charge is defined
by Attachment No.1 .
The classification of the construction work (Classification "A" or "B ") for the
purpose of applying the alternate Basic Charge is that given in Attachment No.2 -
classification of Construction Work.
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.
If a written report is em required, this payment will be due with and in addition
to payment stated in the Design Phase.
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NO.215 809
05'26'94 14:56 POUND ROCK PUBLIC WORKS - 512 332 0763
B: pESIGN 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 for the Design Phase shall be
computed as seventy -five percent (75 %) of the Basic Charge, which Basic charge is
defined by Attachment No.1.
The classification of the construction work (Classification "A" or "B ") for the
purpose of applying the alternate Basic Charge is that given in Attachment No.2 -
Classification of Construction Work,
Final payment for services authorized in the Design Phase shall be due upon the
completion of these services and upon the Owners acceptance, which shall be within
thirty (301 days after submission. When the Project is funded through the sale of
municipal bonds or through grant funds, payments shall not be due until the funds are
in the Owner's possession.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to the Engineer
in a sum equal to a percentage of "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,1.
The classification of the construction work (Classification "A" or "B ") is that
given in Attachment No.2 - 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 estimated 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
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08/36/94 14:56 ROUND ROCK PUBLIC WORKS - 512 338 0763
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, if authorized by the Owner, (1 through 7), shall be
reimbursed in accordance with Attachment No. 3 - 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 Construction Layout Surveys (Construction Staking).
3. Land surveys and establishment of boundaries and monuments.
4. Preparation of property or easement descriptions.
5. Preparation of any special reports required for marketing of bonds.
6. Appearances before regulatory agencies.
7. 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.
8. Additional copies of reports and specifications and additional blue print copies.
9. Preparation of applications and supporting documents for government grants,
loans or planning advances for public works projects.
10. Assistance to the Owner as an expert witness in any litigation with third
parties, arising from the development or construction of the Project.
Basis of Compensation: $70.00 per hour in which Engineer's presence or his
representative is required by Owner. $280,00 per day minimum charge.
11. Soil and foundation investigations, 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. 3 - Hourly Rate Schedule, (b)
Owner contract separately with qualified testing firm.
12. Detailed mill, shop and/or laboratory inspection of materials or equipment.
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08/26/84 14:57 ROUND POCk PUBLIC WORKS - 512 338 0763 NO.215 D!1
Basis of Compensation: (a) Furnished directly by the Owner, or (b) By Engineer
in accordance with Attachment No. 3 - Hourly Rate Schedule.
13. Extra travel required of the Engineer and authorized by the Owner from Round
Rock to points other than the State of Texas in connection with the Project.
Basis of Compensation: Cost of travel and living expenses plus a twenty
percent (20 %) service charge. Cost of labor in accordance with Attachment
No. 3 - Rate Schedule.
14. Services for location stakes associated with the Project as necessary for utility
companies operating within the City Limits of Round Rock.
Payments to the Engineer for authorized services not in the basic percentage
charges will be made by the Owner, upon presentation of statements by the
Engineer for such services, ut 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 named 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.
SECTLON 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 re advertisement 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.
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t38/26'94 14:58 POUND POCK PUBLIC WORKS - 512 333 0763
Compensation for such extra services shall be in accordance with Attachment
No. 3 - 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
OWNERSHIQ 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 shall be entitled to further compensation for the use of such
documents.
All original documents, plan designs, and survey notes for completed or partially
completed projects for which Engineer has been compensated shall be the property
of Owner and Engineer and reproducible copies shall be furnished to the Owner upon
request. The use by either party of such documents is unrestricted.
SECTION IX
ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
A. Any controversy hereafter arising between Owner and Engineer in connection
with this Agreement and any liability or claimed liability created hereunder or
incident hereto or pertaining to the enforcement of any provision, condition or
covenant herein shall be submitted to arbitration under the terms of the Texas
General Arbitration Act. Either party may invoke this provision for arbitration
by giving the other party notice in writing demanding that such controversy be
submitted to arbitration, which notice shall also contain the appointment of an
arbitrator by the demanding party. The party receiving such notice of
arbitration must, within five (5) days after receiving same, mail to the
demanding party a notice of appointment of a second arbitrator. Such two
arbitrators shall meet forthwith and agree in writing upon a third arbitrator, and
shall immediately give the parties written notice of the third arbitrator's
appointment.
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08/215/94
8.25 94 14:59 ROUND ROCK PUBLIC WORKS - 512 338 0783
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 226, 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.
O. 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 )(
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,
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08.26.94 15:00 ROUND ROCK PUBLIC WORKS - 512 338 0783
N4215 D1
SECTION XI
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communication under this Agreement to be mailed or delivered
to Engineer shall be to the following address:
URBAN DESIGN GROUP
//12 4pirawood Sprines Rd.,Suite 800
Austin, Texas 78759
All notices and communications under this Agreement to be mailed or delivered
to the Owner shall be to the following address:
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
SECTION XII
SECTION CAPTIONS
Each Section under the Contractual Undertakings has been supplied with a
caption to serve only as a guide to the contents. The caption does not control the
meaning of any Section or in any way determine its interpretation or application.
SECTION XIII
SCHEDULE OF COMPLETION
The Engineer will fulfill the scope of services included in the Project in a
professional and timely manner. The Owner's wishes and requirements regarding the
project will be conveyed through the City's Director of Public Works, and the Engineer
shall confer frequently with the Director of Public Works throughout the Design Phase
of the Project. The date for completion of the Design Phase is 75 days after
authorization to proceed. s
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08/26,94 15:00 POUND ROCK PUBLIC WORKS - 512 338 0763
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 the 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) Own �o�n behalf of the
Engineer by its Vice - President shown below ar d on behalf of th Owr by its Mayor
(thereynto duly authorized) this the o(�( day of
19 Q`f' .
At -st: CITY OF ROUND ROCK
1
nne Land, City ecretary
Attest: URBAN DESIGN GROUP
a.greerv.rnatfb:
SECTION XIV
SUCCESSORS AND ASSIGNS
14
144
10.215 015
.. //fir � ,
NOTES:
(1) When Construction Cost is under $100,000, use the
"Basic Charge - Percent" Column for Curve "A" or
Curve "B" as is applicable for $100,000 Construc-
tion Cost line.
(2) Construction Cost below is the work authorized at
one time. However, here the work is to be accom-
plished in a number of separate construction con-
tracts, then each such project element should be
14
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30
100
evaluated on an individual basis, with additional
compensation to the Engineer.
(3) Curve "A" and Curve "B" are consistent with Curve
"A" and Curve "B" in Manual 45, published by the
American Society of Civil Engineers. •
(4) The "Basic Charge - Percent" Column shall be rounded 6
to the nearest tenth of a percent.
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ATTACHMENT NO. 2
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 associat-
ed drainaae improvements (NO DESIGN SURVEYS INCLUDED IN
BASIC CHARGE)
Curb and gutter, streets and associated drainage im-
provements
Bridges, box culverts and major drainage structures
Water distribution lines 12" and large_ ~ (on Curve "A"
due to profile being required on Plans)
Water storage tank renovation, including re- painting,
yard piping, or tank appurtenances
CURVE 8 will apply to less complicated assignments of which
the following are examples (payment for design surveys in-
cluded with below assignments except where shown otherwise):
Sanitary sewage collection lines 24 -inch diameter and
over
Water distribution lines under 12"
Water storage tanks (elevated and ground storage and
standpipes)
Earthwork
Storm sewers 24 -inch diameter and over
NOTE: Alterations and changes to existing structures and facilities
necessitate substantially more engineering services than new
work. Basic compensation for alteration work shall be increased
by one -third above the median compensation illustrated by the
curves. (Applies to this project).
'8,3e,94 15:03
ROUND ROCK PUBLIC WORKS - 512 358 0765
ATTACHMENT NO.3
HQURL RATES NFDUL
ITEM 12 RI N
1. H9LE
Registered Professional Engineer
$ 75 .00/hr.
2, Registered Public Surveyor
3.
$ 6 0.00 /hr.
Land Planner
$ 50.00/hr.
4. Design Engineer lie. E.I.T,), Hydrologist
5. 5 45.00 /hr.
Director of Survey Parties
5 40.00 /hr.
6 . Inspector with Vehicle & E
quipment 540.00 /hr.
7. Design Technician
535,00 /hr.
8 . Calculator, including computer and plotter
9 5 /hr.
Drafting Personnel
5 30.00 /hr.
10. Clerical, including word processor
$
1 1 • Three man survey crew, including truck and all
equipment
12. $ 75.00 /hr,
Two man survey crew, including truck and all
equipment
$65,00 /hr,
13.
ene'Iarv,rrwt.b;
Reimbursement for direct non -labor expense and sub-
contract expense at invoice cost plus twenty (20 %) percent
service charge.
CIO. 215
DATE: September 19, 1994
SUBJECT: City Council Meeting, September 22, 1994
ITEM: 10E. Consider a resolution authorizing the Mayor to enter into an
agreement for the Summit/Sunset/Winstead area drainage
improvements.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
For years drainage problems have plagued the businesses and residents in the
area around Summit Street, E. Sunset, and Winstead Drive. We have been recently
approached by a property owner interested in developing his property. His Engineer
has identified a plan to improve the drainage in the area. These improvements will
affect many property owners and is estimated to cost about $85,000. Affected
properties will be notified to gain citizen input into the program.