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R-96-08-08-10B - 8/8/1996Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert Sthtka Rod Morgan Rick Stewart Marsha Chun Jimmy Joseph City Manager Robert L Bennett Jr. aty Attorney Stephan L Sheets CITY OF ROUND ROCK August 8, 1996 Mr. Steve Kallman, P.E., R.P.L.S. S.D. Kaltman, Inc. 1106 South Mays Street, Suite 100 Round Rock, TX 78664 Dear Mr. Kaltman: Resolution No. R- 96- 08- 08 -10B was approved by the Round Rock City Council on August 8, 1996. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, anne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512-218-7097 1.800. 7354989 TDD 1- 800. 735 -2988 Voice 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 ATTEST: RESOLUTION NO. R 96 08 08 - 10B WHEREAS, the City of Round Rock desires to retain engineering services for the Peachtree Valley Drainage Improvements, and WHEREAS, S. D. Kallman, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with S. D. Kallman, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with S. D. Kallman, Inc., for the Peachtree Valley Drainage Improvements, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 8th day of August, 1996. E LAND, City Secretary R:\ WPDOCS \RBSOLVrI \R5608088.WIID /scg dJu � CHARLES CUL EP R, Mayor City of Round Rock, Texas AGREEMENT FOR ENGINEERING SERVICES ' RECITALS MADE AND ENTERED INTO by and between THE CITY OF ROUND ROCK, TEXAS, hereinafter called the "Owner," and S.D. KALLMAN, INC. ^ - ENGINEERS AND ENVIRONMENTAL CONSULTANTS, hereinafter called the "Engineer. ". .-' Owner intends to construct a drainage improvements project described as follows: Such 'improvements are hereinafter referred to as the "Project." ' '" CONTRACTUAL UNDERTAKINGS SECTION I ' - " EMPLOYMENT OF'ENGINEER - DRAINAGE IMPROVEMENTS IN "OLD TOWN" AT PEACHTREE COVE AND RAILROAD TRACK The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the sections to follow. - SECTION II CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development . of the Project: A. PRELIMINARY PHASE - • 1. , Attend preliminary conference with the Owner regarding the Project. 2. Perform preliminary engineering services in connection with the Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches, and cost estimates for the Project, and to set forth clearly, the Engineer's recommendations. ' 1. • Establish the scope, and advise the Owner, of any soil and foundation investigations or any special surveys (other than design surveys and construction staking) or special testing which, '. in the opinion of the Engineer, may be required for the proper execution of the Project; and arrange ' with the Owner for the conduct of such investigations and tests. (The performance of these " investigations and tests is not a.part of the Engineer's basic services, and compensation therefore • is not included in the Basic Charge; it may be performed by the Engineer, by agreement with the , . Owner, in which case compensation shall be determined by the applicable portions of Section VI D.) 2. : Furiish 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 govemment grants -in -aid, ' state loan programs, planning advances or to meet the requirements of special programs of the federal govemment). ` - . . , . , , . , .„ - 3. , Perform field surveys to collect information which in the opinion of the Engineer, is required in the design of the Project. Design surveys for the Construction Improvements is included in the Basic Charge. , , - - . 4. Prepare detailed specifications and contract drawings, in ink, 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 surnmaries 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. . B. DESIGN PHASE 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 twelve (12) 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. 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: The City shall relocate city -owned utilities, as required. 2 8. Provide a letter for the Owner's signature to each utility operation with the city 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 locations . stakes as necessary for utility relocations to assure that utility relocations do not delay the project. 9.. Provide easement and right -of -way descriptions to the Owner in conjunction with submission of final plans. These will be provided in the form of field notes and drawings of the affected properties. These services will be paid for in accordance with Attachment"No. 3 - 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. 3 - Hourly Rate ; Schedule. _ ' 2 C. CONSTRUCTION PHASE ' 3 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 recomrriend to the Owner as to the proper action on all proposals received: ' 3. Assist in the preparation of formal Contract Documents for the contracts: • 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 tothe Contract Documents. . . 5. • Consult and advise with the Owner, issue all instructions tothe contractor requested ' by the Owner; and prepare routine change orders as required. • ' • 6. • • If specifically authorized by the Owner in writing, fumish the services of resident Project Representatives, and other field personnel for continuous oh -site observation of construction and for the performance of required construction layout survey. (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 D.) The authority and duties of such Resident Project Representatives are limited to examining the material fumished and observing the work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree of care and prudent judgement 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 judgement 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 br other personnel engaged in on -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, schedule, 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 Do - • 8. Perform construction staking for the Contractor one time only. Construction Staking for the Construction Improvements is included in the Basic Charge. 9. . Review mdnthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers. • 10. 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. . 11. Revise contract drawings, "with the assistance of the resident Project Representative, or the Owners representative, to provide record drawings of the completed Project. Fumish 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 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 uhderthe 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, fieldnotes, statistics, computations, and other data in his possession relative to existing facilities and to the Project.. SECTION VI THE ENGINEER'S COMPENSATION (See Attachment No. 1 for Compensation for this Project) For and inconsideration 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, Travis County, Texas. Where the compensation is based on a percentage of construction cost, the charge for each separate phase shall be based on the "construction cost" of all 'work authorized by the Owner at one time, and handled by the Engineer in accordance with this Agreement. ALL COMPENSATION FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH ATTACHMENT NO. 1. 4 "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 costs for engineering and legal services, the cost of land, right -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. 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. , A. PRELIMINARY PHASE, Payment for services -in the Preliminary Phase shall be included in the Basic Charge. B. DESIGN PHASE ' Payment for services in the Design shall be made to the Engineer in a sum equal to eighty -five percent (85 %) of the Basic Charge, which Basic Charge is defined by Attachment No. 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 30 days after submission.' • C. CONSTRUCTION PHASE , . ' Payment for services in the Construction Phase shall be made to the Engineer in a sum , equal to fifteen percent (15 %) of the Basic Charge, which Basic Charge, is defined in Attachment No. ' 1. n 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. Upon completion of all work authorized in the Construction Phase th e 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, 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 -site observation of construction. 2. Land surveys and establishment of boundaries and monuments. 3. , ' Preparation of property or easement descriptions. e . 11. 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; eamings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for of force account construction perfom'ied by the Owner. - 7. Additional copies of reports and specifications (over 12) and additional blue print copies (over 12). , 8. ' Preparation of applications and supporting documents for govemrnent grants, loans or planning advances for public works projects. 9. Assistance to the Owner as an expert witness in any litigation with third parties, - arising from the development or construction of the Project. • .10. Public Notice costs to advertise Project in appropriate newspapers. Soil and foundation investigations, including test and analyses of test results., Basis of Compensation: (a) Fumished by the Owner and observed by the Engineer in accordance with Attachment No. 3 - Hourly Rate Schedule, or (b) Owner contract separately with qualified testing firm. , 12. .. Detailed mill, shop and/or laboratory inspection of materials or'equipment. Basis of Compensation: (a) Fumished 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 Austin 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 - Hourly Rate Schedule. • 14. Services for location stakes associated with the Project as necessary for utility companies operating within the City Limits of Round Rock. - Payments to the Engineer for authorized services not in the basic percentage charges will • be made by the Owner, upon presentation of statements by the Engineer for such services. Following receipt of Project funds, 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 rate of one and one -half percent (1 'A %) per month, 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. PROVIDED, HOWEVER, that interest on any amount due under this section shall not exceed the maximum amount of non - usurious interest that may be contracted for', taken, reserved, charged, or received under law; any interest in excess of that maximum amount shall be cfedited on the principal of the debt or, if that has been paid, refunded. This provision overrides other provisions and this and all other interest, conceming any past due balances or accounts. - - 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 cause 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. 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 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 Jurther • 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 fumished to the Owner upon request. The use by either party of such documents is unrestricted. ARBITRATION UNDER TEXAS GENERAL ARBITRATION ACT A. Any controversy hereafter.arising between Owner and Engineer in co. • -ction with this Agreement and any liability or claimed liability created hereunder or incident : - o or pertaining to the enforcement of any provision, condition or covenant herein shall be • • mitted to arbitration - under the terms of the Texas General Arbitration Act. Either party = invoke this provision for arbitration by giving the other party notice in writing demanding t • - such controversy be submitted t� arbitration, which notice shall also contain the appoin •• - t of an arbitrator by the demanding party. The party receiving such notice of arbitration m = , within five (5) days after receiving same, ' mail to the demanding party a notice of appoi nt of a second arbitrator.. Such two arbitrators • - shall meet forthwith and agree in writin• ••n a third arbitrator, and shall immediately give the parties written notice of the third arb' or's appointment. , B. If the pa upon whom the demand for arbitration is served fails to give the demanding party the r rred,notice of the appointment of the second arbitrator within the required • five (5) days, t - :emending party may apply to the court under Article 226, Revised Statutes of 1925, to a • • • nt the second arbitrator. If the first two arbitrators fail to agree upon a third arbitrator, withi (10) days from the date the second arbitrator was appointed, either party may apply to the 7 • icles 224 •roviding for arbitration shall survive the termination of this s provisions, and any controversy between Owner and Engineer - existing . 5a� D. - This entire Agreement u endorsement of such awards shall be govemed by the Texas General Arbit through 238-6, inclusive, Revised Statutes of 1925, as ame 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 exceed 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, shown 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 call 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 - 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 COMMUNICATIONS All notices and communication under this Agreement to be mailed to delivered to Engineer shall be to be the following address: . S.D. KALLMAN, INC. -- ENGINEERS & ENVIRONMENTAL CONSULTANTS 1106 S. Mays St., Suite 100 , Round Rock, Texas 78664 All notices and communications under this Agreement to be mailed or delivered to th'e Owner shall be to the following address: ' CITY OF ROUND ROCK, TEXAS 221 East 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. 8 ATTACHMENT NO.1 DRAINAGE IMPROVEMENTS IN . "OLD TOWN" AT PEACHTREE COVE AND RAILROAD TRACK ' ENGINEER'S COMPENSATION BASED ON A LUMP SUM The Owner shall compensate the Engineer in the following amounts for providing the Basic . Services described in this Agreement. These Basic Services include Design Surveys, preparation of Plans and Specifications,. govemmental approvals, assistance in advertising (City pays publication costs) and receiving Bids, Construction Staking, Construction Phase services, preparation of as -built drawings and attendance 'at staff and City Council meetings, as requested. Payment Schedule - Basic Services: Compensation for Basic Services shall be as follows: PROJECT: Estimated Construction Cost Including Contingency is $185,810. • Design Phase, including preparation of Plans and Specifications and Design `Surveys: $ 21,200.00 Construction Phase, including Construction Administration and Construction Staking: . , $• 6,300.00 TOTAL COMPENSATION FOR BASIC SERVICES: Classification 1. 10. Design Technician 11. 4 Drafter 12. Survey Calculation Technician ATTACHMENT NO. 2 S.D. KALLMAN; INC. -- ENGINEERS AND ENVIRONMENTAL CONSULTANTS HOURLY RATE SCHEDULE Corporate Officer - Registered Professional Engineer" . 3. Registered Public Surveyor 4.- r' Hydrologist Project Manager Engineer -in- Training (E.I.T.) Land Planner 8: Surveyor Crew Coordinator 9. Project Representative (includes Vehicle and Equipment) 13. Technician Support Personnel 14. Secretarial Personnel, including Word Processor 15. - ' Four Man Survey Crew ' . (includes Vehicle and Equipment) ' 16. Three Man Survey Crew ` (includes Vehicle and Equipment) 17. Two Man Survey Crew (includes Vehicle and Equipment) 18. Reimbursement for Direct Non -Labor Expense and Sub- Contract Expense Hourly'Rate' $ 75.00 $75.00 $60.00, $45.00• $ 50.00 $ 40.00. $ 45.00 $ 35.00 $ 30.00 $40.00 $ 25.00 $ 35.00 $ 80.00 $ 75.00 $ 65.00 • Cost Plus 20% 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 designated representative, and the Engineer shall confer frequently with this individual throughout the project. _ 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 (2) counterpart's (each of which is an original) on behalf of the Engineer by its President shown below, and on behalf of the O ner (thereunto duly authorized). • ' n EXECUTED this, the b day ofA1995. BY: , CITY OF ROUND ROCK, TEXAS , BY: S.D. KALLMAN, 1NC.^- '" ENGINEERS & ENVIRONMENTAL CONSULTANTS A TEST: 410/ AL I % & &4L# i nne Land Secretary 9 ATTES Wayne G. Harter Project agar , Steven D. Kaltman, P.E., R.P.L.S. President