R-96-03-14-10I - 3/14/1996design services for the design of the raw water line for Cypress
Semiconductor, and
WHEREAS, Camp Dresser McKee has submitted an agreement to
WHEREAS, the City of Round Rock desires to retain engineering
provide said services, and
WHEREAS, the City Council desires to enter into said
agreement with Camp Dresser McKee, 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 Camp Dresser McKee for the
engineering design services for the design of the raw water line
for Cypress Semiconductor, a copy of said agreement being attached
hereto and incorporated herein for all purposes.
RESOLVED this lit day of March, 1996.
ATTEST:
ANNE LAND, City Secretary
C \WPDOCS \RESOLUTI \RS6O319I WPD /kg
RESOLUTION NO. R- 96- 03- 14 -10I
CHARLES CULF PPER, Mayor
City of Round Rock, Texas
AGREEMENT
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the City of Round Rock, Texas
hereinafter called the "Owner ", and Camp Dresser & McKee Inc., hereinafter called the
"Engineer ".
RECITALS
Owner intends to construct a raw water line from its existing raw water line at the
intersection of IH -35 and Westinghouse Road to the Cypress Semiconductor facility
under the Capital Improvement Program. Such improvements are hereinafter
referred to as the "Project ". The estimated cost for the Project is approximately
$ 1,258,600 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:
A2458AGR.ADW 1
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner regarding the Project.
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. The preliminary engineering phase will consist of the
following tasks.
3. Prepare a preliminary engineering letter report and furnish the Owner ten
(10) copies of the preliminary report, including preliminary layouts, sketches
and cost estimates.
4. Perform an environmental and archaeological assessment of the proposed
route to determine if environmental or historically significant obstacles lie in
the pipeline route. Prepare a report of the assessment and its findings.
This assessment is being performed as a special service and shall be paid
on a reimbursable basis per Section VI, paragraph B.
B. DESIGN PHASE
A2458AGR ADW
a. Collect data regarding available right of way along IH -35, Chandler
Road and Cypress Blvd.
b. Collect data regarding existing utilities in the IH -35, Chandler Road
and Cypress Blvd. right -of -ways and adjacent to the right -of -way.
c. Prepare a preliminary route that takes into account available right -of-
way, existing utilities, and project cost.
d. Prepare a preliminary cost estimate based upon data available in the
preliminary engineering phase.
e. Meet with Owner and Cypress Semiconductor to determine the
quantity of water required, the schedule of water use, maximum
usage rates, pressure requirements, and any control requirements.
1. Perform soil and foundation investigations required for the proper execution
of the Project. The soil and foundation investigations are being performed
as a special service, and shall be paid on a reimbursable basis per Section
VI, paragraph B.
2
A2458AGR ADW
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 and provide baseline
control points and bench marks for Contractor's use in staking the project
for Construction. The field surveys are being performed as a special
service, and shall be paid on a reimbursable basis per Section VI,
paragraph B. Construction staking for the Construction Improvement is not
included in the Basic Charge.
4. Prepare detailed specifications and contract drawings, in AutoCadd format
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. Engineer shall deliver to Owner discs with
AutoCadd files. Engineer shall deliver to Owner ink on mylar Record
Drawings.
5. Prepare detailed cost estimates and proposals of authorized construction,
which shall include summaries of bid items and quantities which will be
based, wherever practical, on the unit price system of bidding. The
Engineer shall not be required to guarantee the accuracy of these
estimates.
6. Furnish the Owner all necessary copies of approved plans, specifications,
notices to bidders, and proposals.
7. Provide information on utilities to be relocated in connection with the project.
The Owner will provide excavation to determine location and depth of
underground water and sewer lines. Utilities to be relocated by others shall
be noted on the plans. City -owned utilities 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
3
A2458AGRADW
assistance and location stakes as necessary for utility relocations so 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.
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.
C. CONSTRUCTION PHASE
1. Assist the Owner in the advertisement of the Project for bids.
2. Assist the Owner in the opening and tabulating of bids for construction of
the Project, and recommend to the Owner as to the proper action on all
proposals received.
3. Assist in the preparation of formal Contract Documents for the contracts.
4. Make periodic visits to the site (as distinguished from the continuous
services of a resident Project Representative described in Subparagraph 6
below) to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the
Contract Documents. In performing this service, the Engineer will not be
required to make exhaustive or continuous on -site inspections to check the
quality or quantity of the work or material; he will not be responsible for the
techniques and sequences of construction or the safety precautions incident
thereto, and he will not be responsible or liable in any degree for the
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.
4
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 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. Engineer
(RPR) 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.
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
A2458AGR.ADW 5
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 III
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.
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.
The Engineer shall hold periodic conferences with the Owner, or its
representatives, to the end that the Project, as completed, 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.
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
'A2458AGR ADW
SECTION V
COORDINATION WITH THE OWNER
SECTION VI
THE ENGINEER'S COMPENSATION
6
Basic Services
Cost
Preliminary Engineering Phase
$32,000
Design Phase
$36,000
Construction Phase
$12,000
TOTAL BASIC SERVICES
$80,000
Special Services
Cost
Surveying
$19,000
Environmental /Archaeological Assessment
$9,000
Geotechnical Investigation
$4,000
TOTAL SPECIAL SERVICES
$32,000
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.
A. FOR BASIC SERVICES:
Owner shall pay Engineer for Basic Services performed or furnished under Section
II on a lump sum basis as detailed below. The lump sum for the basic services has been
determined based upon the Preliminary Opinion of Probable Construction Costs included
as Attachment No. 4 and the Curve methodology described in Attachments No. 1 and
No. 2.
City of Round Rock
Cypress Water Line
Summary of Basic Services
City of Round Rock
Cypress Water Line
Summary of Special Services
B. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE
PERCENTAGE CHARGES
The charges described above in Paragraph A shall provide compensation to the
Engineer for all basic 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
A2458AGR.ADW 7
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, 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 any special reports required for marketing of bonds.
5. Appearances before regulatory agencies.
6. 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.
7. Preparation of applications and supporting documents for government grants, loans
or planning advances for public works projects.
8. 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: hourly rate of individual times a factor of 3.15 per hour
in which Engineer and support staff are required for review, consultation
preparation and testimony by Owner. Other direct costs will be passed through
at cost.
9. 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. 3 - Hourly Rate Schedule.
10. 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. Cost of labor in
accordance with Attachment No. 3 - Rate Schedule.
A245BAGR ADW 8
11. 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.
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.
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 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.
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
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
A245BAGR.ADW 9
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. However, reuse of
such documents by Owner for other than their specific intended purpose shall be at the
sole risk of the Owner and without liability or legal exposure to the Engineer.
A.
B.
A2458AGR ADW
SECTION IX
ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT
Any controversy hereafter arising between Owner and Engineer in co
this Agreement and any liability or claimed liability created here
hereto or pertaining to the enforcement of any provision, co
herein shall be submitted to arbitration under the terms
Arbitration Act. Either party may invoke this provision f
other party notice in writing demanding that such c
arbitration, which notice shall also contain the app
demanding party. The party receiving such not
(5) days after receiving same, mail to the dem
of a second arbitrator. Such two arbitra
writing upon a third arbitrator, and shall •
of the third arbitrator's appointment
If the party upon whom the
demanding party the requi d
within the required five
Article 226, Revised
two arbitrators fail
date the secon
under such
ection with
der or incident
ition or covenant
the Texas General
arbitration by giving the
troversy be submitted to
tment of an arbitrator by the
of arbitration must, within five
ding party a notice of appointment
s shall meet forthwith and agree in
mediately give the parties written notice
mand for arbitration is served fails to give the
notice of the appointment of the second arbitrator
days, the demanding party may apply to the court under
atutes of 1925, to appoint the second arbitrator. If the first
agree upon a third arbitrator within ten (10) days from the
arbitrator was appointed, either party may apply to the court,
cle 226, for the appointment of the third arbitrator.
C. The p eedings of the arbitrators, the award made by the arbitrators and the
en..rsement of such awards shall be governed by the Texas General Arbitration
10
U.
- 7 ti 7 ntire Section IX providing for arbitration shall survi na ion of this
Agreement under any of its .. - s - y controversy between Owner and
Enginee - ' s w en the Agreement terminates shall continue to be subject to
A2458AGRAGW
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.
11
A2458AGR ADW
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:
Camp Dresser & McKee Inc.
8911 Capital of Texas Highway, Suite 4240
Austin, TX 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 August 1, 1996
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,
12
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) on behalf of the
Engineer by its Vice - President shown be q�w and on b half o the Owner by it Mayor
(thereunto duly authorized) this the /i- day of 19 & .
OWNER: CITY OF ROUND ROCK
nne Land, City Secretary
Allen D. Woelke, Principal Engineer Clyde
engrserv.mt3
A245BAGR ADW
13
Charles Culpepp , Mayor
H
urne
Associate
engrserv.mt3
A2458AGR ADW
ATTACHMENT NO. 3
HOURLY RATE SCHEDULE
ITEM DESCRIPTION RATE
1. ENGINEER's Technical and Support Staff hourly rate
times a factor
of 3.15
2. Registered Public Surveyor $70.00 /hr.
3. Director of Survey Parties $70.00 /hr.
4. Three man survey crew, including truck and all
equipment $75.00 /hr.
5. Two man survey crew, including truck and all
equipment $65.00 /hr.
6. Reimbursement for direct non -labor expense and sub- contract
expense at invoice cost
ATTACHMENT NO. 4
CITY OF ROUND ROCK
CYPRESS 12 -IN WATER LINE
3/1/96
Description Quantity Unit Price Amount
Insurance, Bonds, Move -In 1 L.S. $57,000.00 $ 57,000
Trench Safety 15000 L.F. 1.50 22,500
R -O -W Prep 1 L.S. 24,000.00 24,000
Traffic Control 1 L.S. 7,500.00 7,500
12 -In Diameter Pipe 15000 L.F. 40.00 600,000
12 -In Gate Valve 4 Ea. 1,200.00 4,800
1 -In Air Release Valve 3 Ea. 4,800.00 14,400
Flushing Valves 2 Ea. 1,700.00 3,400
Asphalt Pavement 600 S.Y. 40.00 24,000
Gravel Driveways 60 S.Y. 20.00 1,200
24 -In Dia Steel Casing 700 L.F. 350.00 245,000
Sediment/Erosion Control 1 L.S. 20,000.00 20,000
Concrete Encasement 100 L.F. 85.00 8500
Hydroseeding 1 L.S. 10,000.00 10,000
Contingencies 10%
Subtotal $1,042,300
$104,230
Total $1,146,530
A245BAGR ADW
DATE: March 11, 1996
SUBJECT: City Council Meeting, March 14, 1996
ITEM: 101. Consider a resolution authorizing the Mayor to enter into an
agreement with Camp Dresser McKee for the design of the raw
water line for Cypress Semiconductor.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
In order to have the raw water line in place which will serve the Cypress
Semiconductor facility, engineering design is needed to commence. CDM is the engineer
on the Raw Water Line from Lake Georgetown. The Cypress Raw Water Line will be
connected to the Lake Georgetown line. Staff recommends CDM for this job because the
two projects are related.
CDM
env/ronment&
services
Camp Dresser & McKee Inc.
8911 Capital of Texas Highway, Suite 4240
Austin, Texas 78759-7267
Tel: 512 345 -6651 Fax: 512 345 -1483
August 28, 1996
Mr. Steve Miller
Public Works Department
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
RE: City of Round Rock
Cypress Water Line Agreement
Dear Mr. Miller:
Transmitted with this letter are two signed copies of the Agreement for Engineering
Services for the Cypress Semiconductor industrial water line. The agreement was
approved by the City Council on March 14, 1996. The agreement transmitted with
this letter reflect the changes proposed by the City's Attorney which were included
in the draft Agreement sent to you on May 14, 1996.
Because of the initial accelerated schedule of the Cypress Facility, we have incurred
costs for surveying and environmental services associated with the design and
approvals required for the construction of the project. In order to complete the
design when authorized to begin work again, we have also spent some time
reviewing the survey data to determine its completeness. We request that the City
execute this Agreement so that we may invoice for costs incurred since March 1996.
We will not proceed further on the project until directed by the City.
If you have any questions regarding the Agreements, please call.
Sincerely,
CAMP DRESSER & MC ? E INC.
Allen D. Woelke, P.E.
Principal Engineer
Attachment
A25SOLTRADW
ktuit-teo9-0-949