Loading...
R-99-02-11-11A7 - 2/11/1999Mayor Charles Culpepper Mayor Pro-tent Robert SRuka Connell Members Earl M. Hairston Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L Bennett. Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK February 16, 1999 R.W. Harden & Associates, Inc. Attn: Mr. Rollin W. Harden 3409 Executive Center Drive, Suite 226 Austin, Texas 78731 Dear Mr. Harden: The Round Rock City Council approved Resolution No. R- 99- 02- 11 -11A7 at their regularly scheduled meeting on February 11, 1999. This resolution approves the agreement for professional technical consulting services for a groundwater exploration program. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512- 218 -7097 1- 800-735-2989TDD 1- 800 - 735-2988 Voice warwci.round -rock tx.us 221 East Main Sheet Round Rock, Texas 78664 512 -218 -5400 RESOLUTION NO. R- 99- 02- 11 -11A7 WHEREAS, the City has a need for professional technical consulting services for a groundwater exploration program, and WHEREAS, R. W. Harden & Associates, Inc. has submitted an agreement to provide the needed services, and WHEREAS, the City Council desires to enter into said agreement with R. W. Harden & Associates, 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 R. W. Harden & Associates, Inc. for professional technical consulting services for a groundwater exploration program, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 11th day of February /1999. ATTEST: AI . /1 ' a .4A it ;ANNE LAND, City Secretary N:\ WPDOCS \0.5SOLUTI \100211A7.WPD /scg CHARLES CULPE R, Mayor City of Round Rock, Texas CONTRACT FOR SERVICES OF R. W. HARDEN & ASSOCIATES, INC. THIS CONTRACT is effective February 15. 1999 and is made by and between R. W. Harden & Associates, Inc. (hereinafter called "RWH &A ") and City of Round Rock (hereinafter called "CLIENT"). WITNESSETH: SECTION 1. STATEMENT OF WORK. CLIENT desires to engage RWH&A to provide certain technical and advisory services that will be governed by the terms of this contract. The services to be provided are specified in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 2. TERM. This Contract shall remain in force until December 31 1999 unless sooner terminated in accordance with SECTION 11, or unless extended by mutual written agreement of the parties. SECTION 3. INDEPENDENT CONSULTANT. RWH&A's relationship to CLIENT is that of an independent consultant and not that of an agent or employee of CLIENT. RWH&A is not to be deemed an employee of CLIENT, and RWH &A shall not have or claim any right arising from employee status. RWH&A has the sole discretion to determine the manner in which the services are to be performed. However, CLIENT retains the right to exercise final judgment with respect to the ultimate development of the work product and the responsibility for such development. SECTION 4. COMPENSATION. CLIENT shall compensate RWH&A for services provided under this Contract on a time and materials basis, described as follows: A. RWH&A agrees to undertake and to exert its best efforts to complete its work on the project per Exhibit A and within an estimated amount of $300.000. In the event anticipated charges will exceed the total amount authorized in the Contract, RWH&A will suspend work until a revised amount has been mutually established and made a part of the Contract. If total charges for the project are Tess than the total amount authorized in the Contract, CLIENT will be billed for only the total charges so accrued. B. CLIENT agrees, as described herein, to pay RWH&A the charges to the project. Such charges shall include: fees for RWH&A's professional and technical staff for the time actually worked on the project at the rates set out in Exhibit B (incorporated herein by this reference); and direct expenses, including charges for reproduction, transportation, meals and lodging, parking and taxi fares, long distance telephone, printing, maps and photographs, field supplies, equipment rental, shipping, test drilling, well construction, and testing laboratories, and other expenses required for performance at the rates set out in Exhibit B. SECTION 5. INVOICING AND PAYMENT. RWH &A shall submit a monthly invoice to CLIENT covering all sums payable to RWH&A hereunder for the preceding month. Invoices will show: (1) Contract number and P. O. Number, as applicable; and (2) a summary of charges for services and direct expenses. Within thirty (30) days atter receiving an invoice, CLIENT shall pay all undisputed invoice amounts plus or minus any adjustments that are mutually agreed upon. If any amount owed by CLIENT to RWH &A remains past due after forty-five (45) days from submittal of said invoice to CLIENT, a late charge on the amount owed of one and one half percent (1 112 %) per month, or the maximum legal rate, whichever is lower, shall be paid by CLIENT. Such interest shall accrue beginning on the forty-sixth (46th) day after submittal of said invoice to CLIENT and shall cease accruing interest upon payment of the amount owed by CLIENT to RWH &A. SECTION 6. INDEMNITY. RWH&A agrees to indemnify CLIENT, its directors, employees, and officers, from and against only those direct claims, causes of action, liabilities, costs or expenses, including reasonable attorney's fees (excluding economic and indirect damages) finally awarded pursuant to the final judgment of a court attributable directly to bodily injury, death or property damage, which CLIENT incurs and which arises directly and solely out of RWH&A's negligent act, error or omission occurring during the performance of this Contract. This indemnity shall not apply in the event CLIENT fails to give RWH &A prompt written notice of such claims or fails to provide RWH&A reasonable assistance in defense or 1 settlement of such claims. All of the indemnity and other provisions of this paragraph shall also reciprocally apply so that CLIENT is the indemnitor and RWH &A is the indemnitee in a corresponding indemnity by CLIENT in favor of RWH &A. The indemnities provided by this paragraph, subject to the further limitations provided by Section 8 hereof, shall be the sole and exclusive remedies of the parties hereunder, all other rights and remedies (other than those which by law expressly cannot be waived) being hereby waived. SECTION 7. INSURANCE. RWH&A shall provide, at its own expense and maintain during the term of this Contract, insurance covering RWH &A's activities in connection with this Contract. Such insurance shall provide coverage of the nature and at least in the amounts below indicated: A. As to claims covered by Workers' Compensation, the amount of the statutory limits for any state in which operations are to be performed and Employer's Liability Insurance with limits of not less than $100,000. B. Insurance upon each motor vehicle used by RWH&A in connection with the work provided hereunder, providing public liability coverage as to such vehicle or vehicles of not Tess than $250,000 for one injury and $500,000 for all injuries, in one accident, and property damage coverage of not less than $100,000 applying to any one loss. C. A comprehensive general liability policy providing bodily injury coverage, including death, for not less than $1,000,000 as to each occurrence and $2,000,000 aggregate. D. Professional liability insurance for not less than $500,000 as to each occurrence and $1,000,000 aggregate. SECTION 8. LIMITATION OF RWH &A'S LIABILITY. Notwithstanding the indemnity provision contained in SECTION 6 of this Contract, it is hereby specifically agreed by and between RWH &A and CLIENT, as an allocation of the risks hereunder, that in no event, except to the extent of available insurance, shall RWH&A's liability to CLIENT exceed: A. The amount specified under subparagraph A of SECTION 7 INSURANCE for a worker's compensation claim; or B. As to liabilities relating to defects of design, remedial action, failure to render services, errors and omissions, and other similar actions, not more than the total amount paid or payable to RWH &A under this Contract; or C. As to all other remaining liabilities of every kind or nature, the sum of $50,000 in the aggregate for all such liabilities combined, excluding any insured liability. SECTION 9. COMMUNICATIONS. All reports, notices and other communications required to be given under the terms of this Contract, shall be made in writing and shall be deemed to have been made if mailed or hand - delivered to the following named individuals designated by the parties as their respective authorized representatives for such purposes: R. W. Harden & Associates, Inc. 3409 Executive Center Drive Suite 226 Austin, Texas 78731 Attn: Mr. Rollin W. Harden City of Round Rock 214 East Main Street Round Rock, Texas 78664 Attn: Mr. Bob Bennett SECTION 10. INSPECTION AND ACCEPTANCE. The CLIENT shall have thirty (30) days from the date of the completion of services and/or delivery of the deliverables under this Contract to inspect the services and/or deliverables to determine if they reasonably conform with this Contract. If the CLIENT rejects any portion of the services and /or deliverables, such rejection shall be made in writing within the above time period and shall set forth the reasons for rejection. Services and/or deliverables not rejected by the CLIENT, as described above, shall be deemed to be accepted by the CLIENT. SECTION 11. TERMINATION FOR CONVENIENCE. Notwithstanding any other provision herein, either party may terminate this Contract for its convenience prior to the completion of the work upon thirty (30) days written notice to the other party. In full discharge of any obligations to RWH &A in respect to this Contract and such termination, CLIENT shall 2 pay RWH&A for all costs, fees, noncancelable commitments incurred prior to the date of termination, and fair closeout costs SECTION 12. EXEMPLARY AND CONSEQUENTIAL DAMAGES. Neither CLIENT nor RWH&A shall be liable to the other for any incidental, indirect, special, collateral, consequential, exemplary or punitive damages arising out of or related to the performance of this Contract. SECTION 13. GENERAL. A. Headings, titles and paragraph captions are inserted in the Contract for convenience, are descriptive only, and shall not be deemed to add to or detract from or otherwise modify the meaning of the paragraphs. B. Should any provision of this Contract subsequently be determined to be illegal or unenforceable, said provision shall at that time be deemed omitted from this Contract, and all other provisions shall be unaffected and shall continue in full force and effect. C. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. SECTION 14. ENTIRE AGREEMENT. This Contract is the exclusive statement of the agreement of the parties with respect to its subject matter and supersedes all prior agreements, negotiations, representations, proposals, and awards, written or oral, relating to its subject matter. No addition to or modification of any provision of the Contract shall be binding upon the parties unless made in writing and signed by the parties. No course of dealing or usage of trade or course of performance shall be relevant to explain or supplement any term expressed in this Contract. THIS CONTRA T IS EXECUTED on the date or dates indicated below and is effective on the first date written above. BY: NAME: TITLE: DATE: 3 R. W. HARDEN & ASSOC TES, INC BY: NAME: Rollin W. Harden TITLE: President DATE: 2/1/99 3409 Executive Center Drive Suite 226 Austin, Texas 78731 R. W. Harden & Associates, Inc. Hydrologists - Geologists - Engineers Mr. Bob Bennett City Manager City of Round Rock 214 East Main St. Round Rock, TX 78664 Re: Ground Water Exploration Program Dear Bob: 512/345 -2379 FAX 512/338 -9372 February 2, 1999 Exhibit A Per your request, this letter is R. W. Harden & Associates, Inc. (RWH &A) proposal to conduct a ground water exploration program for the City of Round Rock. The program will attempt to locate favorable sites for production water wells in the Edwards Aquifer on property the City provides. RWH &A will provide professional services and by subcontract will provide test drilling and pumping services. RWH &A will furnish the following professional services: 1. Evaluation of aerial photos, site inspections, and selection of test hole locations. 2. Field staking of test hole sites and GPS surveying of sites. 3. Design, coordination and field checking of drilling and testing operations for the target Edwards Aquifer. 4. Estimating high and low record water levels at favorable test sites. 5. Evaluating test hole results, determining favorable test holes for air jet testing or pumping tests, and determining which test holes to abandon and plug. 6. Water sampling and laboratory determinations for preliminary water quality. 7. Evaluating favorable test sites for production water wells, including projecting well yield and recommending well design. 8. Preparing a final summary report documenting the exploration program, including location coordinates, logs, production tests, water quality, and well development recommendations. This proposal assumes that the City will provide and be responsible for property, access, and advising of any utility conflicts. It is anticipated that the drilling will be on existing City property or on property which the City secures the right to drill. The City will also be responsible for any clearing or land damages, but normally there are none. RWH &A will provide temporary surface casing to secure and retain all favorable test holes and to allow future conversion to production water wells. Unfavorable test holes will be plugged per State regulations. Mr. Bob Bennett February 2,1999 Page 2 We will use Central Texas Drilling for the drilling and pumping services. We have worked with them many times in the past; their prices are competitive; and their service and reliability is superior. Some typical costs for various components of the program are: • Test drilling to 400- to 450 -foot depth, incl. engineering and plugging: $7,000 per testhole • Air jet testing of favorable test holes, incl. engineering: $3,000 per test (This is only done in favorable test holes) • Pump testing of favorable test holes, incl, setting temporary casing and submersible pump, test pumping, and engineering: $6,500 per test (This is only done in some favorable test holes) The total cost of the exploration program will largely depend on the number of test holes drilled as well as how many are judged to warrant various types of production testing. From discussions with you and Jim Nuse on the more favorable areas and properties of interest and based on our past experience, we suggest a program of up to about 30 test holes be planned, focusing generally on the northeast and eastern parts of Round Rock. We suggest a budget of up to $300,000 be authorized. We will closely coordinate the exploration effort and work out property priority with City staff. The City can halt the program at any time. We work on projects of this nature in accordance with the actual personnel time and direct expenses involved in accordance with a standard contract for services attached. This letter proposal will be Exhibit A of the contract and the attached unit rate schedule will be Exhibit B. We propose to begin this work upon receipt of an executed contract and will schedule drilling activities as soon as possible thereafter. To authorize this work, please execute the attached two original contracts and return one copy to our office. If you have any questions, please give me a call. We look forward to again assisting Round Rock in our specialty. Attachments Sincerely, R. W. HARDEN & ASSOCIATES, INC. Rollin W. Harden President STANDARD FEES FOR TECHNICAL SERVICES BY R. W. HARDEN & ASSOCIATES, INC. Fees for professional services are based on the actual time of personnel directly involved with the project at the following hourly rates: Senior Principal $160 Principal $140 Technical Staff 7 $125 Technical Staff 6 $115 Technical Staff 5 $105 Technical Staff 4 $95 Technical Staff 3 $85 Technical Staff 2 $75 Technical Staff 1 $65 Graphics Staff $55 Clerical Staff $40 Exhibit B Expenses that are directly attributable to performance of our professional services on a project are billed at the following rates plus ten percent: a. for reproductions by our graphics department, charges equivalent to commercial rates for similar commercial services. b. for transportation in our company or personal vehicles, $0.40, per mile. Vehicles utilized at field sites will be charged an additional $20.00 per day. c. for use of company field equipment, including but not limited to steel tapes, electric lines, conductivity, pH and turbidity meters, computers, water -level transducers, and organic vapor monitors, charges are equivalent to commercial rates for similar equipment rentals. d. for all other expenses, including but not limited to reproduction, transportation, meals and lodging, parking and taxi fares, long distance telephone, printing, maps and photographs, field supplies, equipment rental, shipping, test drilling, well construction, and test laboratories, actual invoice cost. STANDARD FEES FOR TECHNICAL SERVICES BY R. W. HARDEN & ASSOCIATES, INC. Fees for professional services are based on the actual time of personnel directly involved with the project at the following hourly rates: Senior Principal $160 Principal $140 Technical Staff 7 $125 Technical Staff 6 $115 Technical Staff 5 $105 Technical Staff 4 $95 Technical Staff 3 $85 Technical Staff 2 $75 Technical Staff 1 $65 Graphics Staff $55 Clerical Staff $40 Expenses that are directly attributable to performance of our professional services on a project are billed at the following rates plus ten percent: a. for reproductions by our graphics department, charges equivalent to commercial rates for similar commercial services. Exhibit B b. for transportation in our company or personal vehicles, $0.40, per mile. Vehicles utilized at field sites will be charged an additional $20.00 per day. c. for use of company field equipment, including but not limited to steel tapes, electric lines, conductivity, pH and turbidity meters, computers, water -level transducers, and organic vapor monitors, charges are equivalent to commercial rates for similar equipment rentals. d. for all other expenses, including but not limited to reproduction, transportation, meals and lodging, parking and taxi fares, long distance telephone, printing, maps and photographs, field supplies, equipment rental, shipping, test drilling, well construction, and test laboratories, actual invoice cost. 3409 Executive Center Drive Suite 226 Austin, Texas 78731 R. W. Harden & Associates, Inc. Hydrologists - Geologists - Engineers Mr. Bob Bennett City Manager City of Round Rock 214 East Main St. Round Rock, TX 78664 Re: Ground Water Exploration Program Dear Bob: 512/345 -2379 FAX 512/338 -9372 February 2, 1999 Exhibit A Per your request, this letter is R. W. Harden & Associates, Inc. (RWH &A) proposal to conduct a ground water exploration program for the City of Round Rock. The program will attempt to locate favorable sites for production water wells in the Edwards Aquifer on property the City provides. RWH &A will provide professional services and by subcontract will provide test drilling and pumping services. RWH &A will furnish the following professional services: 1. Evaluation of aerial photos, site inspections, and selection of test hole locations. 2. Field staking of test hole sites and GPS surveying of sites. 3. Design, coordination and field checking of drilling and testing operations for the target Edwards Aquifer. 4. Estimating high and low record water levels at favorable test sites. 5. Evaluating test hole results, determining favorable test holes for air jet testing or pumping tests, and determining which test holes to abandon and plug. 6. Water sampling and laboratory determinations for preliminary water quality. 7. Evaluating favorable test sites for production water wells, including projecting well yield and recommending well design. 8. Preparing a final summary report documenting the exploration program, including location coordinates, logs, production tests, water quality, and well development recommendations. This proposal assumes that the City will provide and be responsible for property, access, and advising of any utility conflicts. It is anticipated that the drilling will be on existing City property or on property which the City secures the right to drill. The City will also be responsible for any clearing or land damages, but normally there are none. RWH &A will provide temporary surface casing to secure and retain all favorable test holes and to allow future conversion to production water wells. Unfavorable test holes will be plugged per State regulations. Mr. Bob Bennett February 2,1999 Page 2 We will use Central Texas Drilling for the drilling and pumping services. We have worked with them many times in the past; their prices are competitive; and their service and reliability is superior. Some typical costs for various components of the program are: • Test drilling to 400- to 450 -foot depth, incl. engineering and plugging: $7,000 per testhole • Air jet testing of favorable test holes, incl. engineering: $3,000 per test (This is only done in favorable test holes) • Pump testing of favorable test holes, incl, setting temporary casing and submersible pump, test pumping, and engineering: $6,500 per test (This is only done in some favorable test holes) The total cost of the exploration program will largely depend on the number of test holes drilled as well as how many are judged to warrant various types of production testing. From discussions with you and Jim Nuse on the more favorable areas and properties of interest and based on our past experience, we suggest a program of up to about 30 test holes be planned, focusing generally on the northeast and eastern parts of Round Rock. We suggest a budget of up to $300,000 be authorized. We will closely coordinate the exploration effort and work out property priority with City staff. The City can halt the program at any time. We work on projects of this nature in accordance with the actual personnel time and direct expenses involved in accordance with a standard contract for services attached. This letter proposal will be Exhibit A of the contract and the attached unit rate schedule will be Exhibit B. We propose to begin this work upon receipt of an executed contract and will schedule drilling activities as soon as possible thereafter. To authorize this work, please execute the attached two original contracts and return one copy to our office. If you have any questions, please give me a call. We look forward to again assisting Round Rock in our specialty. Attachments Sincerely, R. W. HARDEN & ASSOCIATES, INC. Rollin W. Harden President DATE: February 5,1999 SUBJECT: City Council Meeting - February 11, 1999 ITEM: 11.A.7. Consider a resolution authorization the Mayor to execute an agreement with R. W. Harden & Associates, Inc. for groundwater exploration. Staff Resource Person: Jim Nuse, Public Works Director.