R-96-11-07-10D - 11/7/1996services for the Egger Acres Street and 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
Egger Acres Street and Drainage Improvements, a copy of said
agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this 7th day of November, 1996.
ATTEST:
WHEREAS, the City of Round Rock desires to retain engineering
LAND, City Secretary
K• \WPDOCS \RSSOLUTI \RS61107D.MPO /0 J
RESOLUTION NO. R- 96- 11- 07 -10D
Ve?
CHARLES CULPEPPER, Mayor
City of Round Rock, Texas
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."
RECITALS
AGREEMENT
FOR
'ENGINEERING SERVICES
1
Owner intends to construct a street and drainage improvements project described as follows:
STREET AND DRAINAGE IMPROVEMENTS IN "EGGER ACRES" ON
KAROLYN, EAST OAK, WEST OAK, LARRY AND LILAC STREETS ' ,
Such improvements are hereinafter referred to as the "Project.'
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 I(
CHARACTER AND EXTENT OF SERVICES
- The Engineer shall render the following professi 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 altemate 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. • - •
DESIGN PHASE
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 prop er 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. Fumish 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 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. ' Fumish 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.
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
. CONSTRUCTION PHASE
1. " Assist the Owner in the advertisenient 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 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 Docunients. During visits to the
construction site, and on the bisis 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 have10 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., 2
6. If specifically authorized by the Owner in writing, furnish the services of resident
Project Representatives, and other field personnel for continuous on -'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 VI D.) The authority and duties of such ,
Resident Project Representatives are- limited to examining the material furnished-and observing the
work done, and to reporting their findings to the Engineer. The Engineer will use the usual degree
of care and prudent 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 or 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
Documents. ,
SECTION III
AUTHORIZATION OF SERVICES "
SECTION IV
• PERIOD OF SERVICE
8. Perform construction staking for the Contractor one time only. Construction Staking
for the Construction Improvements is included in the Basic Charge. _.
• 9. Review monthly and final estimates for payments to contractors, and furnish to the
. Own 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.
No professional services of any nature shall be undertaken by the Engineer under this -
Agreement until he has received written authorization from the Owner.
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 ENGINEERS COMPENSATION
(See Attachment No. 1 for Compensation for this Project)
For and in consideration of the services to be rendered by the Engineer, the Owner shall pay,
and the Engineershall 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 allwork 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. '
"Construction Cost" is defined as the total cost to the Owner for the execution of the
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. -
PRELIMINARY PHASE -
Payment for services in the Preliminary Phase shall be included in the Basic Charge.
DESIGN PHASE
Payment for services in the Design Phase 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. 1.
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.
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 the Engineer will be -paid the .
remainder of the charge for this Phase: ' - D. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE PERCENTAGE
CHARGES
The charges above described in the Preliminary, Design and Construction Phases shall
provide compensation to the Engineer for all services called for under this Agreement to be
performed by him, or under his direction, except the services set forth below. , These excluded
services and Special Assignments, and the compensation to be paid by the Owner to the Engineer,
for their performance, as required, are as follows:
The following services, 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 otherfield 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.
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 certification
of force account construction performed 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 govemment 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.
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, or (b) Owner co'ntract 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 P,roject 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 % %) 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 credited 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.
6
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 hot completed and for which Engineer is not compensated regardless of whether
the instruments were copyrighted.. Additionally, all such documents for which Engineer is not
compensated Owner will not reuse for extensions of the original project or new projects unless
Owner shall secure the permission of Engineer and Engineer shall be entitled to further
compensation for the use of such documents. • - . • -
All original documents, plan designs, and survey notes for completed or partially completed
projects for which Engineer has been compensated shall be the property of Owner and Engineer and
reproducible copies shall be fumished to the Owner upon request. The use by either party of such
documents is unrestricted.
SECTION IX
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.
CITY OF ROUND ROCK, TEXAS
221 East Main Street
Round Rock, Texas 78664 '
SECTION XII
SCHEDULEOF COMPLETION
SECTION X
- 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 5. Mays St., Suite 100
Round Rock, Texas 78664
All notices and communications under this Agreement to be mailed or delivered to the Owner shall
be to the following address: - -
SECTION XI
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.
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' shell confer frequently with this
individual throughout the project.
Charles C. Culpeppe
Mayor
SECTION XIII -
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) counterparts (each of which is an original) on behalf of the Engineer.
by its President shown below, and on behalf of the wn r (thereunto duly authorized).
EXECUTED this, the 3 day ofl'1 `
" BY: CITY OF ROUND ROCK, TEXAS F BY: S.D. KALLMAN, INC. -- "
ENGINEERS$ ENVIRONMENTAL,CONSU
A EST:
Arai /A I! 0
nne Land
• y Secretary
w
Proje
Steven D. Kaltman, P.E., R.P.L.S.
President
ATTEST:
.G.
tM
arter
ager
STREET AND DRAINAGE IMPROVEMENTS IN "EGGER ACRES" ON KAROLYN,
EAST OAK, WEST OAK, LARRY AND LILAC STREETS
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,
• governmental approvals, assistance in'advertising (City publication costs) and receiving Bids,
Construction Staking, Construction Phase'servioes, 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 $799,114.
Design Phase, including preparation of Plans and Specifications and Design
Surveys: $ 68,750.00
Construction Phase, including Construction Administration and Construction
$ 222750.00
Staking:
TOTAL COMPENSATION FOR BASIC SERVICES: $ 91,500.00 3
Note: The owner shall contract directly with 'a Geotechnical Engineering firm to conduct soils
investigations for a pavement design report and to provide construction testing
services. - -
ATTACHMENT NO. 1
ATTACHMENT NO. 2
S.D. KALLMAN, INC. "-
ENGINEERS AND ENVIRONMENTAL CONSULTANTS
HOURLY RATE SCHEDULE
Classification Hourly Rate
1. - Corporate Officer - $ 75.00
2. Registered Professional Engineer '$ 75.00
3. Registered Public Surveyor $ 60.00
4. Hydrologist $ 55.00
5. Project Manager , $ 60.00
6 Engineer -in- Training (E.I.T.) $ 45.00
7. Land Planner, $ 50.00
8. Surveyor Crew Coordinator $ 40.00
9. .. Project Representative . $ 45.00
(includes Vehicle and Equipment)
10. Design Technician
11. Drafter
12. Survey Calculation Technician
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
$ 35.00
$30.00
$ 40.00,
$ 25.00
$35.00
$ 80.00
$65.00
Sub- Contract Expense Cost Plus 20%
DATE: November 5, 1996
SUBJECT: City Council Meeting, November 7, 1996
ITEM: 10D. Consider a resolution authorizing the Mayor to execute an
engineering services agreement with S. D. Kaltman, Inc. for Egger
Acres street and drainage improvements.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Bond funds were voted on by the Citizens for the reconstruction of some streets in Egger
Acres. S. D. Kaltman did the preliminary cost estimates on the bond issue and also
provided engineering services for Egger Avenue. Staff recommends entering into this
agreement.
Mayor
Charlar Culpepper
Mayor Pzo-tem
Earl Palmer
Council Members
Robert Sankt
Rod Morgan
Rick Stewart
Man& Chavez
Jimmy Joseph
Qty Manager
Rober#L Bennett. Jr.
Qty Attorney
Stephan L. Sheets
CITY OF ROUND ROCK
December 5, 1996
Mr. Steven D. Kaltman, P.E., R.P.L.S.
President
S.D. Kaltman, Inc.
1106 S. Mays St., Suite 100
Round Rock, TX 78664
Dear Mr. Kaltman:
Resolution No. R- 96- 11- 07 -10D was approved by the Round Rock
City Council on November 7, 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.
cerely,
e Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512-218-7097
1- 800. 735 -2989 'MD 1. 800 - 735-2988 Ix
221 Fast Main Street
Round Rock, Texas 78664
512- 218 -5400