R-97-04-10-14A - 4/10/1997WHEREAS, the City of Round Rock desires to retain engineering
services for wastewater service to the DuPont Subdivision, and
WHEREAS,Bury Pittman has submitted an agreement to provide
said services, and
WHEREAS, the City Council desires to enter into said
agreement with Bury- Pittman, 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 Bury- Pittman, for wastewater
service to the DuPont Subdivision, a copy of said agreement being
attached hereto and incorporated herein for all purposes.
RESOLVED this 10th day of April, 1997.
ATTEST:
JOANNE—ANO, City Secretary
Cie /5TUE /lv er /NEZ) ASST.
K•\ NPDOCS \RBSOLVrI \RS70110A.MP0 /vCg
RESOLUTION NO. R- 97- 04- 10 -14A
VLP
CHARLES C ER, Mayor
City of Round Rock, Texas
ENGINEER: CLIENT:
Bury & Pittman, Inc.
3345 Bee Cave Road, Suite 200
Austin, Texas 78746
PROFESSIONAL SERVICES AGREEMENT
PROJECT NAME: DuPont Subdivision Wastewater Extension
City of Round Rock Department of Public Works
2008 Enterprise
Round Rock, Texas 78664
Client agrees to employ Engineer on the terms and conditions set forth in this Professional Services Agreement
(the "Agreement ").
II. Services to be Performed by Engineer: Engineer agrees to perform Basic Services and Additional Services in
conformance with the following descriptions, definitions, terms and conditions:
A. Basic Services shall be defined as those services specifically described and set forth in the attached letter proposal
(the "Proposal ") dated March 31, 1997, from Engineer to Mr. Jim Nuse with City of Round Rock Department
of Public Works.
B. Additional Services: All work performed by Engineer not specifically described in the Proposal shall constitute
Additional Services. Additional services include, but are not limited to the following, which are set out below
as examples only, and not as an exhaustive list of all possible Additional Services:
1. Travel, meals and lodging to points other than Engineer's or Client's offices and project site.
2. Copies of final reports, studies, drawings and other data in excess of 5 sets.
3. Revisions to approved reports, studies, drawings and other data.
4. Other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted engineering practice in the Travis County, Texas area.
III. Compensation of Engineer: Client agrees to pay Engineer for the above described services in accordance with the
following descriptions, definitions, terms and conditions.
A. Basic Services: Compensation will be a lump sum amount of $13,000 plus an estimated hourly amount of $2,500
plus applicable tax.
B. Additional Services: Compensation will be charged based on the actual hours expended by Engineer's personnel
and billed at Engineer's Standard Hourly Rates in effect at the time of invoice plus Reimbursable Expenses, both
defined as follows:
1. Standard Hourly Rates are defined as the rates established from time to time by Engineer for its personnel
and rate charged based on salaries paid to Engineer's personnel plus payroll burden (Social Security
contributions, Federal and State unemployment taxes, Workers' Compensation, health and retirement
benefits, incentive pay, sick leave, vacation and holiday pay applicable thereto) and a factor for overhead
and profit.
2. Reimbursable Expenses are defined as any and all expenses incurred by Engineer in connection with
Additional Services and shall include transportation and subsistence, cost of Engineer's field office,
reproduction, subcontracts and similar items. Reimbursable Expenses shall be charged at the following
rates:
a. Out -of -town transportation by Engineer's vehicles: at Engineer's standard rates.
b. Reproduction performed in Engineer's office: at prevailing commercial rates.
c. Computer services: at Engineer's standard rates.
d. All others: actual cost to Engineer plus a ten (10) percent service charge.
e. Where field parties are used, expenses shall include charges for the use of any special instruments and
equipment, including marine equipment, and expendable items such as stakes and monuments.
Page 1 of 4
C. Client agrees to pay Engineer a retainer in the amount of $ -0- when this Agreement is signed by Client. This
retainer shall be held by Engineer until completion or termination of this Agreement. Payment of this retainer
shall not excuse timely payment of any invoices. At the time of completion or termination of this Agreement,
Client authorizes Engineer to apply the retainer to any unpaid invoices on this Agreement or any other contract
in which Client has retained the services of Engineer and return the balance, if any, of the retainer to Client at
Client's address of record as set out above.
IV. Suspension of Work and Additional Compensation: Engineer understands that Client may require Engineer to
temporarily suspend work. Client understands that the suspension of work by Engineer will cause Engineer to incur
additional costs to resume work, whether on Basic or Additional Services, and Client agrees to reimburse Engineer
for such additional costs.
A. At any time after a suspension of work at the direction of client, Client shall inform Engineer of the date when
Client wishes Engineer to resume work. Client shall give Engineer reasonable notice of the proposed date of
Engineer's resumption of work.
B. Before resuming work, Engineer shall inform Client of the additional costs incurred by Engineer because of the
suspension of work. Client shall pay Engineer these additional costs before the date that Engineer is to resume
work. This payment shall be in addition to any other charges for Basic or Additional Services. The fee for
incomplete portions of the work is subject to renegotiation after a suspension period of 120 days.
V. Invoices: Engineer will invoice Client monthly for amounts earned under this Agreement. Client agrees to
promptly pay Engineer at his office in Travis County, Texas, the full amount of each such invoice upon receipt.
Receipt of invoices shall be presumed and Client shall be deemed to be in default if payment is not made within
thirty days of the date of the invoice. Client agrees to pay a charge of eighteen (18) percent per annum simple
interest or the highest rate allowed by law, whichever is less, on all invoiced amounts not paid within 30 days of
the date of the invoice calculated beginning 30 days after the date of the invoice. Interest on unpaid invoices shall
not exceed the maximum amount of nonusurious interest allowed by law on these unpaid invoices. Any interest in
excess of this maximum amount shall be credited to unpaid invoices, or, if they have been paid, refunded.
VI. Contractual Lien to Secure Payment: Client grants to Engineer a contractual lien in addition to all constitutional,
statutory and equitable liens that may exist, on the above - described real property and all improvements thereon to
secure payment for all debts owed, now or in the future, to Engineer by Client including those arising as a result
Engineer's services provided in accordance with this or any other Agreement between Client and Engineer. Client
grants Engineer the authority and right to file a copy of this Agreement in the Deed Records of the county or
Counties where the above project is located to give notice of Engineer's lien rights.
VII. No Reuse of Engineer's Work Products: All documents, including Drawings and Specifications, prepared by
Engineer pursuant to this Agreement, are instruments of service in respect of the Project. No one other than Client
is entitled to rely on such documents without the previous written consent of Engineer. They are not intended
or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any
reuse without written verification or adaptation by Engineer for the specific purpose intended will be at Client's sole
risk and without liability or legal exposure to Engineer and Client shall indemnify and hold harmless Engineer from
all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such
verification or adaptation will entitle Engineer to further compensation as an Additional Service.
VIII. Termination: This Agreement may be terminated by Engineer or Client in accordance with the following terms:
A. This Agreement may be terminated without cause at any time prior to completion of Engineer's services either
by Client or by Engineer, upon seven (7) days' written notice to the other at the address of record set out above.
Such termination shall release Engineer from any further obligation to provide Basic or Additional Services to
Client on this Agreement, but all obligations of Client shall continue.
B. Client understands that Engineer's ability to work is predicated upon its ability to collect payment of invoices
when due. If Client does not make timely payment of invoices related to this Agreement or any other contract
in which Client has retained the services of Engineer, then Client authorizes Engineer, at its sole discretion, to
terminate this Agreement and any other contract in which Client has retained the services of Engineer upon seven
(7) days' notice to Client at its address of record set out above. Such termination shall release Engineer from
any further obligation to provide Basic or Additional Services to Client on this Agreement and any other contract
in which Client has retained the services of Engineer, but all obligations of Client shall continue.
Page 2 of 4
C. Client waives any and all claims it has against Engineer arising out of termination of this Agreement by
Engineer. Client agrees that Engineer has no duty to perform further services for Client if Client has not timely
paid all amounts due Engineer for previous services on this or any other Agreement. Client waives any and all
claims, causes of action, or damages that it has or may have against Engineer for failure to perform further
services under this or any other Agreement when Engineer has not been timely paid for previous services under
this or any other Agreement with Client. Client agrees to indemnify and hold Engineer harmless for any and
all claims made against Engineer by any person, firm, or corporation arising out of termination of this or any
other Agreement between Engineer and Client.
D. On termination, either by Client or Engineer, Client shall pay Engineer all unpaid sums listed above as
compensation for Basic Services and all unpaid sums for any Additional Services that have been performed by
Engineer.
IX. Limitation of Liability: The owner agrees to limit the Engineer's liability to the Owner and to all construction
Contractors and Subcontractors on the project, due to the Engineer's negligent acts, errors or omissions, such that
the total aggregate liability of the Engineer's to all those named shall not exceed $50,000 or the Engineer's total fee
for services rendered on this project, whichever is greater.
X. Binding Agreement: Client, for himself and partners, if any, and Engineer, for itself, each binds himself or itself
and its successors, executors, administrators and assigns to the other party to this Agreement and to partners,
successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement.
Neither Client nor Engineer shall assign, sublet, or transfer his interest in this Agreement without the written consent
of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Client
and Engineer. Client's representative signing below warrants that he has full authority to bind Client to this
Agreement and further warrants that Client has an ownership interest in the real property that is part of the Project.
Client's representative signing below agrees to indemnify, save, and hold engineer harmless for any and all claims,
causes of action, and damages that may arise against Engineer if the representations contained in this Paragraph X
are not correct.
XI. Acceptance of Agreement: If this Agreement is not executed by Client within 30 days of the date tendered, it shall
become invalid unless: (1) Engineer extends the time in writing; or (2) Client orally authorizes engineer to proceed
with the work, in which event the terms of the oral authorization shall be presumed to include all the terms of this
agreement. Engineer's performance of work under the oral authorization shall be in reliance on the inclusion of all
the terms of this Agreement in the oral authorization.
XII. Modifications: No one has authority to make variations in, or additions to, the terms of this Agreement on behalf
of Engineer other than one of its officers, and then only in writing signed by him.
XIII. Client Cooperation: Client agrees to timely provide all information required by Engineer to perform its services
so as not to delay such performance. Client further agrees to fully cooperate with Engineer in the performance of
this Agreement.
XIV. Engineer's Reliance on Client and Third Parties: Client agrees that Engineer may rely on the accuracy and validity
of all information provided by Client, the work of third parties, and public records, and Engineer is not expected or
required by Client to check them.
XV. Engineer Not Supervisor: Unless specifically stated in the letter proposal defining the Basic Services provided in
this Agreement, Engineer has no responsibility or authority for the supervision of any phase of the work at the site
of the Project.
XVI. Mediation /Arbitration
Client and Engineer agree that all claims, disputes, and other matters in question between the parties arising out of
or relating to this Agreement or breach thereof first shall be submitted for nonbinding mediation to any one of the
following, as agreed to by the parties: American Arbitration Association, American Intermediation Service,
Americord, Dispute Resolution, Inc., Endispute, or Judicate. Any party hereto may initiate mediation within the time
allowed for filing for arbitration as set forth below and the parties hereto agree to fully cooperate and participate in
good faith to resolve the dispute(s). The cost of mediation shall be shared equally by the parties hereto. Any time
expended in mediation shall not be included in calculating the time for filing arbitration.
Page 3 of 4
If mediation fails to resolve the claim or dispute, the matter shall be submitted to arbitration with the American
Arbitration Association under the Construction Industry rules, unless the parties agree otherwise or unless a plaintiff
not a party hereto institutes litigation in a court of competent jurisdiction over one of the parties hereto regarding
the same subject matter as in dispute between the parties hereto.
No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder, or in any other
manner, any additional person not a party to this Agreement except by written consent of the parties and such consent
to arbitration involving an additional person(s) shall not constitute consent to arbitration of any dispute not described
therein. This Agreement to arbitrate and any agreement to arbitrate with an additional person(s) shall be specifically
enforceable under the prevailing arbitration law.
The demand for arbitration shall be made within one (1) year of the date the claimant knew or should have known
of the existence of the claim, dispute, or other matter. If the demand for arbitration is not effectuated within one
(1) year, the claim, dispute, or other matter shall be forever barred and not mandatory.
The decision rendered by the arbitrators shall be final, and judgement may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. In the event either party makes a claim or brings an action
against the other party for any act arising out of the performance of the services hereunder, and the claimant fails
to prove such claim or action, then the claimant shall pay all legal and other costs (including attorneys' fees) incurred
by the other party in defense of such claim or action.
XVII. Governing Law and Place of Performance: This Agreement shall be construed and enforced in accordance with the
laws of Texas. This Agreement is performable by all parties in Travis County, Texas.
XVIII. Paragraph Titles: Paragraph titles in this Agreement are for convenience only and are not intended to detract from
or limit the effect of any language in this Agreement.
IXX. Entire Agreement This Agreement and the Proposal defining the Basic Services provided in this Agreement
contain the entire contract between Client and Engineer.
CLIENT: City o Round Rock Public Works Department ENGINE, : tr & Pittman, Inc.
By: /44 i By:
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Title: A yogi
Date: 404/1. /0 Date: April 9, 1997
CP0.OP119970M0509R97014PBA.PSASNI
Page 4 of 4
Title: Vice President
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Principal
Paul J Burt, 111, IT
t.eslle tV Nippon, PE
(Bevy S Slnnl.a, 1'5
James B. kmghl, P0.
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Bury +Pittman
March 31, 1997 Proposal No. 97 -044A
Mr. Jim Nuse
City of Round Rock
Department of Public Works
2008 Enterprise
Round Rock, Texas 78664
RE: Revised Proposal for Professional Engineering and Surveying Services
DuPont Subdivision Wastewater Extension
Round Rock, Texas
Dear Jim,
Bury & Pittman, Inc.
Consulting Bngineers/Surreyors
3345 Bee Cave Bond /Suite 200
Austin, Texas 78746
514328 -00I
tin 512/328 -0520
We appreciate the opportunity to submit this proposal for professional engineering and
surveying services associated with the construction of the 10 -inch wastewater line
extension through the DuPont Subdivision. The wastewater line is to be extended
through the 43.837 acre subdivision which is located on Louis Henna Boulevard in the
City of Round Rock, Williamson County, Texas. We understand that the project will
consist of extending ±950 linear feet of 10 -inch wastewater line through the existing
DuPont Subdivision. This 10 -inch wastewater line will extend from the northwest
boundary of the tract from an existing wastewater manhole and will be extended along
the existing tributary within the tract to the proposed future right -of -way of U.S.
Highway 45. Based on our understanding of your needs at this time and the current
status of this project, we propose to provide the following specific services.
A. Water and Wastewater Construction Documents
The proposed project involves the planning, design and construction of the
wastewater utility system which will be dedicated to the public for operation and
maintenance once construction is complete and the mandatory warranty period has
expired.
1. We will prepare engineering construction documents for wastewater lines
for review and approval by the City of Round Rock. The length, size and
location of the proposed lines will be described on the plan/profile
drawings. The drawings will be prepared at a scale of 1" = 50'
horizontal and 1" = 5' vertical.
Bury +Pittman
Mr. Jim Nuse
March 31, 1997
Page 2
2. We will prepare an erosion and sedimentation control plan which meets
the current City of Round Rock design criteria.
3. Coordinate with City of Round Rock staff for the purposes of clearing
staff comments and seek permit approval. We anticipate at least one
revision will be required to address comments for the wastewater plans
prior to issuance of a permit.
4. If necessary, submit and obtain approvals from the Texas Natural
Resources Conservation Commission (TNRCC).
B. USEPA Stormwater Management Plan
The limits of construction area of this project exceeds five acres. The National
Pollution Discharge Elimination System (NPDES) regulations of the US
Environmental Protection Agency (USEPA) require that a stormwater
management plan be prepared in accordance with USEPA guidelines.
1. We will prepare the stormwater management plan and furnish it to City
of Round Rock. You must have your contractor display the plan at the
job site. Both you and the contractor must follow the plan and make the
various submittals directly•to the EPA. We cannot do this for you.
2. We will prepare the Notice of Intent (NOI) required by the NPDES permit
and forward the NOI to you. You must sign the NOI and forward it
directly to the USEPA. We cannot do this for you.
3. By law, this is a separate plan from the erosion and sedimentation control
plan contained in the construction drawings. This is a compliance
document which both you and the contractor are required by federal law
to follow. We cannot do this for you.
C. Project Meetings
1. Bury & Pittman will attend design coordination or construction related
meetings on a time to time basis as requested by the City. These meetings
are assumed to take place once a week for 2 months.
Bury +Pittman
Mr. Jim Nuse
March 31, 1997
Page 3
D. Public Works Construction Phase Services
1. We will assist the City of Round Rock in completing the construction
document package and assist in distribution to the contractors. As part of
the pre -bid phase, we will answer questions pertaining to civil work.
2. Attend the pre - construction conference required by the City of Round
Rock prior to construction.
3. Conduct the bid opening, tabulate bids, review the bids and make
recommendations on the bids.
4. Provide periodic on -site construction observation services, as requested by
the owner.
5. Based upon red -lined as- builts furnished to us by the Contractor, revise
the original construction drawings to reflect "Record Drawing" conditions
and furnish mylars to the City per their requirements.
6. Once construction has been substantially completed, complete a final site
observation visit and prepare a punch list as required. Once the punch list
has been significantly completed, prepare an Engineer's Letter of
Concurrence required by the City of Round Rock prior to issuance of a
Certificate of Occupancy.
7. Review contractors pay estimates.
The above items will be performed on a one -time basis. Services performed
outside of the above will be provided at our standard hourly rates as additional
services.
E. Reimbursables /Reproductions
1. Reproduction expenses will be provided for this project on a time and
materials basis. In addition, minor out -of- pocket expenses for courier and
minor City fees, etc. will be incurred. We have provided an estimated
amount for your budgeting purposes.
Bury +Pittman
Mr. Jim Nuse
March 31, 1997
Page 4
We propose to provide the specific services described above on a joint lump sum/hourly
fee basis as follows:
Item Fee Basis BPI Fee BPI Phase
A. Wastewater Construction Documents
1 - 4 Lump Sum $6,000 .52
3 Hourly $2,000 .53
B. USEPA Stormwater Management Plan
1 -3 Lump Sum $2,000 .62
C. Project Meetings
1 Lump Sum $500 .88
D. Public Works Construction Phase Services
1 -7 Lump Sum $4,500
.71
E. Reimbursables /Reproductions
1 Cost + 10% $500 .89
Please note that the above fees are based -on a smooth project implementation and have
assumed no major changes. Fees shown for the hourly basis elements are for budgeting
purposes only and invoices will reflect the actual time and material costs incurred. Work
provided outside the above scope of services will be billed as an additional service at our
standard hourly rates.
In preparing this proposal, we have made the following assumptions:
All boundary monumentation is recoverable and in good condition.
• Survey field notes and /or sketches required for easements, restrictive
covenants or other documents will be prepared as an additional service.
• No construction phase surveying services are included.
Attached are two copies of our Professional Services Agreement. If you agree with the
above scope of services and associate fees, please sign both copies and return them to
our office. A fully executed copy will be returned for your records.
Bury +Pittman
Mr. Jim Nuse
March 31, 1997
Page 5
We appreciate the opportunity to submit this proposal and look forward to assisting you
in the development of this project. Upon your review of this proposal, please call if you
have any questions.
Sincere
Paul J. Bury, III(P'E.
i:lprop119971 026 -050.9707044PHA.PR01bh \busdev
DATE: April 4, 1997
SUBJECT: City Council Meeting, April 10, 1997
ITEM: 14A. Consider a resolution authorizing the Mayor to execute an engineering
agreement with Bury- Pittman for wastewater service to the DuPont
Subdivision.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
As part of the DuPont Subdivision (Mac -Serve Project), the City has agreed to
contract a portion of sewer line. Bury- Pittman is providing the engineering services for the
DuPont Subdivision and staff recommends retaining Bury- Pittman for this project.
` t XaN
t( i CITY OF ROUND ROCK
Mayor
Charles Culpepper
Mayor Pro-tem
Earl Palmer
Council Members
Robert Stluka
Rod Morgan
Rick Stewart
Murtha Chavez
Jimmy Joseph
Clty Manager
Robert L Bennett, Jr:
City Attorney
Stephan L. Sheets
April 16, 1997
Paul J. Bury, III, P.E.
Bury- Pittman, Inc.
3345 Bee Cave Road, Suite 200
Austin, TX 78746
Dear Mr. Bury:
221 Fast Main Strut
Round Rock Texas 78664
512. 218 -5400
The Round Rock City Council approved Resolution No. R- 97- 04- 10 -14A at
their regularly scheduled meeting on April 10, 1997.
Enclosed is a copy of the resolution and one original agreement for your
files. If you have any questions, please do not hesitate to call.
Sincerely,
aPuxa,
Joanne Land
Assistant City Manager/
City Secretary
Enclosure(s)
Fax: 512-218-7097
1-800-735-2989 TDD 1-800-735-2988 Voice