R-99-12-16-13D8 - 12/16/1999Mayor
Robert A. saMka, Jr.
Mayor Pro-tem
Martha A. Chavez
. Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett. Jr.
City Attorney
Stephan L Sheer
CITY OF ROUND ROCK
December 30, 1999
Mr. A. William Waeltz, P. E.
Baker - Aicklen & Associates, Inc.
203 E. Main Street, Suite 201
Round Rock, Texas 78664
Dear
Sincerely,
• / /
Enclosures
tz:
The Round Rock City Council approved Resolution No. R- 99- 12- 16 -13D8 at their
regularly scheduled meeting on December 16, 1999. This resolution approves the
engineering and surveying contract for the upgrade of Harrell Parkway in Old Settlers
Park at Palm Valley.
Enclosed is a copy of the resolution and original agreement. If you have any questions,
please do not hesitate to contact Jim Nuse at 218 -5555.
Joanne Land
Assistant City Manager/
City Secretary
Fax: 512- 218 -7097
1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice
www.ci.round- rock.tx.us
221 East Main Stteet
Round Rock, Texas 78664
512- 218 -5400
RESOLUTION NO. R- 99- 12- 16 -13D8
WHEREAS, the City of Round Rock desires to retain engineering and
surveying services for improvements to Harrell Parkway, and
WHEREAS, Baker - Aicklen & Associates, Inc. has submitted an
agreement to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Baker - Aicklen & 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 Baker - Aicklen & Associates, Inc.,
for engineering services for improvements to Harrell Parkway, 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 16th day of D- 'ember, 199•.
RO A. STLUKA, NR., Mayor
E LAND, City Secretary
K,\ WPOOCS \RESOLUTI \R91216DS.WPD /sc
City of Round Rock, Texas
AGREEMENT
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the City of Round Rock, Texas
hereinafter called the "Owner", and Baker - Aicklen & Associates, Inc., hereinafter
called the "Engineer ".
RECITALS
Owner intends to reconstruct Harrell Parkway from Chandler Creek to County
Road 113. Such improvements are hereinafter referred to as the "Project". The
estimated cost for the Project is $366,608 including construction costs and
contingencies.
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering services in connection with the Project as stated in the
Sections to follow, and for having rendered such services, the Owner agrees to pay to
the Engineer compensation as stated in the Sections to follow.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services necessary for the
development of the Project.
A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner regarding the Project.
2. Perform preliminary engineering services in connection with Project in
sufficient detail to indicate clearly the problems involved and the 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. If called for by the scope of the assignment, prepare a
preliminary engineering report.
3. When a written report is prepared, furnish the Owner ten (10) copies of the
preliminary report, including preliminary layouts, sketches and cost
estimates.
B. DESIGN PHASE
1. Establish the scope, and advise the Owner, of any soil and foundation
investigations or any special surveys 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. Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data necessary for applications for routine
permits by local, state, and federal authorities (as distinguished from
detailed applications and supporting documents for govemment grants -in-
aid, state loan programs, planning advances or to meet the requirements
of the special programs of the federal government).
3. Field surveys required in the design of the Project are not included in the
Basic Charge. (Refer to Attachment No. "D" for estimated budget).
4. Prepare detailed specifications and contract drawings 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
2
based, wherever practical, on the unit price system of bidding. The
Engineer shall not be required to guarantee the accuracy of these
estimates.
6. Furnish the Owner all necessary copies of approved plans, specifications,
notices to bidders, and proposals. All sets of plans and specifications in
excess of twenty -five (25) are to be paid for separately. Additional sets
will be paid for in accordance with Attachment "B" - Hourly Rate Schedule.
7. Provide information on utilities to be relocated in connection with the
Project. The Owner will provide excavation to determine location and
depth of underground water and sewer lines. Utilities to be relocated by
others shall be noted on the plans. City -owned utilities to be relocated
also shall be noted on the plans. Where feasible, relocation of City -owned
utilities shall be included in the construction contract.
8. Provide a letter for the Owner's signature to each utility operating within
the City of Round Rock advising them of the Project and describing any
known relocations to be performed by that utility and setting forth a
proposed construction schedule. This letter and a complete set of plans
shall be delivered to each utility by the Engineer. The Engineer shall
provide timely assistance and location 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 drawing of the affected properties. These services
will be paid for in accordance with Attachment "B" - 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
"B" - Hourly Rate Schedule.
3
C. CONSTRUCTION PHASE
1. Assist the Owner in the advertisement of the Project for bids.
2. Assist the Owner in the opening and tabulating of bids for construction of
the Project, and recommend to the Owner as to the proper action on all
proposals received.
3. Assist in the preparation of formal Contract Documents for the contracts.
4. Make periodic visits to the site (as distinguished from the continuous
services of a resident Project Representative described in Subparagraph 6
below) to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the
Contract Documents. In performing this service, the Engineer will not be
required to make exhaustive or continuous on -site visits to review the
quality or quantity of the work or material; he will not be responsible for the
techniques and sequences of construction or the safety precautions
incident thereto, and he will not be responsible or liable in any degree for
the contractors' failure to perform the construction work in accordance with
the Contract Documents. During visits to the construction site, and on the
basis of the Engineer's on -site observations as an experienced and
qualified design professional, he will keep the Owner informed of the
extent of the progress of the work, and advise the Owner of material and
substantial defects and deficiencies in the work of contractors which are
discovered by the Engineer or otherwise brought to the Engineer's
attention in the course of construction, and may, on behalf of the Owner,
exercise whatever rights the Owner may have to disapprove work and
materials as failing to conform to the Contract Documents.
5. Consult and advise with the Owner, issue all instructions to the contractor
requested by the Owner, and prepare routine change orders as required.
6. If specifically authorized by the Owner in writing, furnish the services of
resident Project Representatives, and other field personnel for continuous
on- the -site observation of construction and for the performance of required
construction layout surveys. (This service is not a part of the Engineer's
basic services, and compensation therefore is not included in the Basic
Charge; if provided, compensation shall be determined under Section VI
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 judgment in the selection of competent
Project Representatives, and the Engineer will use diligence to see that
the Project Representatives are on the job to perform their required duties.
4
It is agreed, however; that the Engineer does not underwrite, guarantee,
or insure the work done by the contractors, and since it is the contractors'
responsibility to perform the work in accordance with the Contract
Documents, the Engineer is not responsible or liable for the contractors'
failure to do so, and, so long as Engineer has exercised the usual degree
of care and prudent judgment in selecting Project Representatives and
has used diligence to see that they are on the job to perform the work,
failure by any Project Representatives or other personnel engaged in on-
the -site observation to discover defects or deficiencies in the work of the
contractors shall never relieve the contractors of liability therefore or
subject the Engineer to any liability for any such defect or deficiencies.
7. Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of materials and equipment and other data which the
contractor is required to submit, only for conformance with the design
concept of the Project ,and compliance with the information given by the
Contract Documents; and assemble written guarantees which are required
by the Contract Documents.
8. Review monthly and final estimates for payments to contractors, and
furnish to the Owner any necessary certifications as to payments to
contractors and suppliers in a form acceptable to the City.
9. Conduct, in company with the Owner, a final review 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.
10. Revise contract : drawings, with the assistance of the resident Project
Representatives, or , the Owners representative, to provide record
drawings of the, completed Project. Furnish one set of reproducible
drawings and one set of prints of the 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.
5
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the Owner and the
Engineer, and shall remain in force until terminated under the provisions hereinafter
provided in Section IX or upon completion of Project.
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 ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the Engineer, the
Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth,
for the 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 at 203
East Main Street, Suite 201, Round Rock, Texas 78664. 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.
"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 cost for engineering and legal services, the cost of
land, rights -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 or furnished directly by
the Owner for the Project.
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. If the designed facilities exceed the available funding
after receiving bids or negotiating a contract price, then the facilities which are deleted
will be paid for at a later date when they are awarded for construction. These facilities
will be considered an individual period of construction and payment will be in an amount
6
equal to a percentage of the "construction cost" of this separate Project. For example: If
the available funds will only build 90% of the designed facilities, the fee for the awarded
construction will be paid as described herein. When the remaining 10% of the work is
awarded, it will be considered a separate Project and a percentage from the curve
based on the 10% Project amount will be used to pay the basic compensation.
Considering this as an individual Project, it will be necessary to compensate the
Engineer in this manner because of the extra work involved in the preparation of
separate contract documents, organization of plans, construction administration on the
delayed Project, and the delay in payment for the Engineering Services rendered.
In the event that proposals for construction of any of the work authorized in the
Design Phase are received within 90 days after submission of completed contract
drawings and specifications to the Owner by the Engineer, the charge for the
corresponding services in the Preliminary Phase shall be adjusted to the "construction
cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no
contract is awarded. Where no proposal or bona fide bids are received, the Engineer's
estimates shall be the basis for final, payment for these two phases. No reduction shall
be made from the Basic Charge on, account of penalties or liquidated damages or other
sums withheld from contractor's payments.
A. PRELIMINARY PHASE
Payment for services in the Preliminary Phase shall be made to the Engineer in a
sum equal to a percentage of the "construction cost" of the work authorized by the
Owner in this Phase of the Project. This percentage for the Preliminary Phase shall be
computed as ten percent (10 %) of the Basic Charge, which Basic Charge is defined by
Attachments "A" and "C ".
Final Payment for services in the Preliminary Phase shall be payable upon
submission to the Owner of the required report, sketches, and estimates, and upon his
acceptance, which shall be within thirty (30) days after submission.
If a written report is not required, this payment will be due with and in addition to
payment stated in the Design Phase.
B. DESIGN PHASE
Payment for services in the Design Phase shall be made to the Engineer in a
sum equal to a percentage of the "construction cost" of the work authorized by the
Owner in this phase of the Project. This percentage for the Design Phase shall be
computed as seventy -five percent (75 %) of the Basic Charge, which Basic Charge is
defined by Attachments "A" and "C ".
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
thirty (30) days after submission. When the Project is funded through the sale of
municipal bonds or through grant funds, payments shall not be due until the funds are in
the Owner's possession.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to the Engineer in
a sum equal to a percentage of "construction cost" of the work authorized by the Owner
in this Phase of the Project. This percentage for the Construction Phase shall be
computed as fifteen percent (15 %) of the Basic Charge, which Basic Charge is defined
in Attachment's "A" and "C ".
This sum will be paid in monthly installments in proportion to the construction
work completed, on the basis of the Engineer's estimated prepared for monthly payment
to contractors, plus the actual value of all materials and equipment purchased or
furnished directly by the Owner for the Project. 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:
(Refer to Attachment "D" for estimated budgets.)
The following services, if authorized by the Owner, (1 through 14), shall be
reimbursed in accordance with Attachment "B" - Hourly Rate Schedule.
1. Services of a resident Project Representative, and other field personnel as
required, for on- the -site observation of construction.
2. Services for Construction Layout Surveys (Construction Staking).
3. Land surveys and establishment of boundaries and monuments.
4. Preparation of property or easement descriptions.
5. Preparation of any special reports required for marketing of bonds.
6. Special permits for and/or appearances before regulatory agencies.
7. Special investigations involving detailed consideration of operation, maintenance
and overhead expenses; preparation of rate schedules; earnings and expense
8
statements; special feasibility studies; appraisals; valuations; and material audits
or inventories required for certification of force account construction performed by
the Owner.
8. Additional copies of reports and specifications and additional blue print copies.
9. Preparation of applications and supporting documents for government grants,
loans or planning advances for public works projects.
10. Assistance to the Owner as an expert witness in any litigation with third parties,
arising from the development or construction of the Project.
Basis of Compensation: Two times hourly rate in accordance with Attachment "B"
- Hourly Rate Schedule in which Engineer's presence or his representative is
required by Owner. $300.00 per day minimum charge.
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 "B" - 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) Furnished directly by the Owner, or (b) By Engineer
in accordance with Attachment "B" - Hourly Rate Schedule.
13. Extra travel required of the Engineer and authorized by the Owner from Round
Rock to points other than the State of Texas in connection with the Project.
Basis of Compensation: Cost of travel and living expenses plus a twenty percent
(20 %) service charge. Cost of labor in accordance with Attachment "B" - 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, but not until Bond or Grant funds are in the Owner's
possession.
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 percent (1 %) per month, from
9
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 IX of this
Agreement.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revisions of the
preliminary drawings as may be required to meet the needs of the Owner, but after a
definite plan has been approved by the Owner, if a decision is subsequently made by
the Owner, which, for its proper execution, involves extra services and expenses for
changes in, or addition to the drawings, specifications or other documents, or if the
Engineer is put to labor or expense by delays imposed on him from causes not within
his control, such as by (but not limited to) the re- advertisement for bids or by the
delinquency or insolvency of contractors, the Engineer shall be compensated for such
extra services and expenses, which services and expenses shall not be considered as
covered by the percentage fee stipulated in this Agreement.
Compensation for such extra services shall be in accordance with Attachment "B"
- 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 further compensation for the
use of such documents.
All original documents, plan designs, and survey notes for completed or partially
completed projects for which Engineer has been compensated shall be the property of
Owner and Engineer and reproducible copies shall be furnished to the Owner upon
request. The use by either party of such documents is unrestricted.
10
Baker - Aicklen & Associates, Inc.
203 East Main Street, Suite 201
Round Rock, Texas 78664
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
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 proceed to
cancel promptly all existing orders and contracts insofar as such orders or contracts are
chargeable to this Agreement. As soon as practical after receipt of notice of
termination, the Engineer shall submit a statement, showing in detail the services
performed under this Agreement to the date of termination. The Owner shall then pay
the Engineer promptly that portion of the prescribed charges which the services actually
performed under this Agreement bear to the total services called for under this
Agreement, less such payments on account of the charges as have been previously
made. Copies of all completed or partially completed designs, plans and specifications
prepared under this Agreement shall be delivered to the Owner when and if this
Agreement is terminated, but subject to the restrictions, as to their use, as set forth in
Section VIII.
SECTION X
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communication under this Agreement to be mailed or delivered to
Engineer shall be to the following address:
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.
11
The Engineer will fulfill the scope of services included in the Project in a
professional and timely manner. The Owner's wishes and requirements regarding the
project will be conveyed through the City's Director of Public Works, and the Engineer
shall confer frequently with the Director of Public Works throughout the Design Phase of
the Project. The date for completion of Preliminary Phase is 90 calendar days following
the execution of this Agreement. The date for completion of the Design Phase is 120
calendar days following approval of the Preliminary Phase and written notice to proceed
with Design Phase.
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
the Agreement. Except as above, neither the Owner nor the Engineer shall assign,
sublet or transfer his interest in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any public body which may be a party
hereto.
EXECUTED in two counterparts (each of which is an original) on behalf of the
Engineer as shown below, and on be alf of the Owner by its Mayor (thereunto duly
authorized) this the 11.0 day of , 19 99
Aj -st: CITY OF ROUND ROCK
•
nne Land, City Secretary
Attest: B AKER - AICKLEN & ASSOCIATES, INC.
A.'William Waeltz,
Round Rock Branch ger
o:199prop199- 5128pro.doc
SECTION XII
SCHEDULE OF COMPLETION
SECTION XIII
SUCCESSORS AND ASSIGNS
12
/ Q
Stluka, Mayor
ATTACHMENT "A"
HARRELL PARKWAY FROM CHANDLER CREEK TO COUNTY ROAD 113
PROJECT DESCRIPTION
City of Round Rock proposes to widen Harrell Parkway through the Old Settler's Park from
Chandler Creek northward to County Road 113. This reconstruction project will consist of the
widening of the paveme4nt to 24 feet, installation of a 2 foot ribbon curb on both sides of the
roadway, overlay with 2 inches of asphaltic concrete and all necessary drainage
improvements.
Engineer's Preliminary Opinion of Probable Construction Cost
1. Excavation 5,600 SY @ $2.00 /SY $11,200.00
2. Asphalt Stabilized Base 3,528 TON @ $35.00/TON $123,480.00
3. 6 In Ribbon Curb 16,800 LF @ $5.50 /LF $92,400.00
4. 2 Inch HMAC Overlay 22,400 SY @ $3.50 /SY $78,400.00
5. Drainage Improvements 1 LS $20,000.00
6. Restoration & Reseeding 1 LS $7.800.00
$333,280.00
10% Contingency $33.328.00
Total Opinion of Probable Construction Cost $366,608.00
OFFICE PERSONNEL SERVICES
ATTACHMENT `B"
STANDARD RATE SCHEDULE
(Labor Rate Table 34)
Effective August 1, 1998, the following rates are recommended for work performed on an hourly - charge basis.
Rates include company overhead and profit for services accomplished during regular working hours.
SECT LABOR
Classification Rak te
Project Engineer $100.00 per hour
Staff Engineer $85.00 per hour
Project Surveyor $80.00 per hour
Project Designer /Coordinator $70.00 per hour
Staff Surveyor/Engineering Assistant/GPS Processor $65.00 per hour
Senior Engineering/Surveying CAD Technician/Designer $55.00 per hour
Engineering/Surveying CAD Technician/Designer $50.00 per hour
CAD Draftsman/Field Representative $45.00 per hour
Secretary $45.00 per hour
Expert Witness/Testimony /Deposition Services Two Times Rates
Principal (as appropriate) $120.00 per hour
FIELD PARTY SERVICES ]fates
1 -Man Field Party $65.00 per hour
2 -Man Field Party $90.00 per hour
3 -Man Field Party $110.00 per hour
4 -Man Field Party $130.00 per hour
GPS Field Unit with Operator (Note 5) $100.00 per hour
GPS Field Unit without Operator (Note 5) $60.00 per hour
DIRECT EXPENSES
Transportation:
By Firm's Passenger Vehicles (Note 1) $ 0.35 per mile
By Firm's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.35 per mile
Subsistence of out -of -city work $100.00 per day
Reproduction & Printing by Firm, Prevailing Com-
Survey Stakes, Lathes, Iron Rods mercial Rates Or
and other Direct Expense Cost, Plus 10%
Notes:
1. A mileage charge will be billed for projects exceeding a 50 -mile radius of the base office only.
2. Field Party rates include conventional equipment, supplies and survey vehicles. Abnormal use of stakes,
lathes, etc., used such as during the construction phase of a project will be charged as indicated.
3. A minimum of two (2) hours field party time charge will be made for show -up time and return to office,
resulting from inclement weather conditions, etc.
4. Field Party stand -by time will be charged for at the above -shown appropriate rates.
5. Rates apply to actual time GPS units are in use. All other time will be charged as appropriate normal field
party rates.
6. The firm's professional liability is limited to the total amount of compensation associated with a specific
project up to a maximum of $50,000.
Baker- Alcklen
& Associates, Inc.
Engineers /surveyors
ATTACHMENT "C"
PROFESSIONAL ENGINEERING FEE CALCULATIONS
based on `Method Related to Construction Costs'
PROFESSIONAL ENGINEERING SERVICES
A Guide to the Selection and Negotiation Process
1993
A joint publication of the
Consulting Engineers Council of Texas
and
Texas Society of Professional Engineers
HARRELL PARKWAY - STREET IMPROVEMENTS
TECHNICAL FACTORS
1. Level of information required on plans /drawings
2. Project requirements
3. Existing data
OWNER CONTROLLED FACTORS
1. Risk /liability (base standard of risk limited to fee) 0.00
2. Time required for owner review /approvals 0.00
3. Number of submittals /owner reviews 0.00
4. Schedule for completing work 0.05
5. Payment schedule 0.00
6. Owner requested subconsultants 0.05
7. Owner participation in project /partnering 0.00
8. Construction inspection limiting participation of engineer 0.05
EXTERNAL FACTORS
1. Coordination with other entities
2. Environmental regulations
3. `Not in my back yard' /Citizen's involvement
4. Governmental constraints
TOTAL CONSTRUCTION COST
FEE PERCENTAGE
TOTAL FEE
A. WILLIAM WAELTZ, P.E.
TOTAL FEE FACTOR -0.15
$366,608
11.42
$41,867
- 0.10
-0.10
- 0.10
0.00
0.00
0.00
0.00
Applicable Construction Cost Index used in preparation of this report = 3965.25
November, 1999 "Engineering News Record"
ATTACHMENT "D"
HARRELL PARKWAY FROM CHANDLER CREEK TO COUNTY ROAD 113
ANTICIPATED CHARGES NOT INCLUDED
IN BASIC SERVICES
ITEM NO. DESCRIPTION ESTIMATED BUDGET *
1. Design survey including topographic $8,000
and vertical data
* Note: Baker - Aicklen & Associates, Inc. agrees not to exceed this estimated budget without
prior written authorization.
No additional services will begin unless authorized by the Owner.
BAKER - AICKLEN
& ASSOCIATES, INC.
Engineers /Surveyors
December 10, 1999 Proposal # 99 -5128
Mr. Jim Nuse, P.E.
Director of Public Works
City of Round Rock
2008 Enterprise Drive
Round Rock, TX 78664
RE: Harrell Parkway
Dear Jim:
Baker - Aicklen & Associates, Inc. is pleased to present this proposal for professional engineering
and surveying services for the planned improvements to Harrell Parkway from Chandler Creek
to County Road 113. The project will include widening the existing pavement to twenty-four
feet, the addition of ribbon curbs, HMAC overlay and any associated drainage improvements.
We propose that basic services be provided on a percentage of construction cost with the
percentage set at 11.42 %. Based on an estimated construction cost of $366,608 this represents a
fee of $41,867. The additional services outlined in Attachment "D" can be compensated on a
not -to- exceed hourly basis of $8,000.
Thank you for the opportunity to submit this proposal. We appreciate your consideration of our
firm in this regard and look forward to continuing to be of service to you.
Sincerely
AC. William Waeltz, P.E.
Branch Manager, Round Rock
AWW:tlr
o: \winword \98prop \98- 5148r.
203 E. Main St., Site 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623
DATE: December 10, 1999
SUBJECT: City Council Meeting — December 16, 1999
ITEM: 13.D.8. Consider a resolution authorizing the Mayor to execute an
engineering and surveying contract with Baker-Aicklen & Associates
for the upgrade of Harrell Parkway in Old Settlers Park at Palm
Valley. Staff Resource Person: Jim Nuse, Public Works Director.
AGREEMENT
FOR
ENGINEERING SERVICES
MADE AND ENTERED INTO by and between the City of Round Rock, Texas
hereinafter called the "Owner", and Baker - Aicklen & Associates, Inc., hereinafter
called the "Engineer".
RECITALS
Owner intends to reconstruct Harrell Parkway from Chandler Creek to County
Road 113. Such improvements are hereinafter referred to as the "Project ". The
estimated cost for the Project is $366,608 including construction costs and
contingencies.
CONTRACTUAL UNDERTAKINGS
SECTION I
EMPLOYMENT OF ENGINEER
The Owner agrees to employ the Engineer and the Engineer agrees to perform
professional engineering services in connection with the Project as stated in the
Sections to follow, and for having rendered such services, the Owner agrees to pay to
the Engineer compensation as stated in the Sections to follow.
SECTION II
CHARACTER AND EXTENT OF SERVICES
The Engineer shall render the following professional services necessary for the
development of the Project.
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A. PRELIMINARY PHASE
1. Attend preliminary conference with the Owner regarding the Project.
2. Perform preliminary engineering services in connection with Project in
sufficient detail to indicate clearly the problems involved and the alternate
solutions available to the Owner, to include preliminary layouts, sketches
and cost estimates for the Project, and to set forth clearly the Engineer's
recommendations. If called for by the scope of the assignment, prepare a
preliminary engineering report.
3. When a written report is prepared, furnish the Owner ten (10) copies of the
preliminary report, including preliminary layouts, sketches and cost
estimates.
B. DESIGN PHASE
1. Establish the scope, and advise the Owner, of any soil and foundation
investigations or any special surveys 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. Furnish to the Owner, where required by the circumstances of the
assignment, the engineering data necessary for applications for routine
permits by local, state, and federal authorities (as distinguished from
detailed applications and supporting documents for government grants -in-
aid, state loan programs, planning advances or to meet the requirements
of the special programs of the federal government).
3. Field surveys required in the design of the Project are not included in the
Basic Charge. (Refer to Attachment No. "D" for estimated budget).
4. Prepare detailed specifications and contract drawings 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
2
based, wherever practical, on the unit price system of bidding. The
Engineer shall not be required to guarantee the accuracy of these
estimates.
6. Furnish the Owner all necessary copies of approved plans, specifications,
notices to bidders, and proposals. All sets of plans and specifications in
excess of twenty -five (25) are to be paid for separately. Additional sets
will be paid for in accordance with Attachment "B" - Hourly Rate Schedule.
7. Provide information on utilities to be relocated in connection with the
Project. The Owner will provide excavation to determine location and
depth of underground water and sewer lines. Utilities to be relocated by
others shall be noted on the plans. City -owned utilities to be relocated
also shall be noted on the plans. Where feasible, relocation of City -owned
utilities shall be included in the construction contract.
8. Provide a letter for the Owner's signature to each utility operating within
the City of Round Rock advising them of the Project and describing any
known relocations to be performed by that utility and setting forth a
proposed construction schedule. This letter and a complete set of plans
shall be delivered to each utility by the Engineer. The Engineer shall
provide timely assistance and location 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 drawing of the affected properties. These services
will be paid for in accordance with Attachment "B" - 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
"B" - Hourly Rate Schedule.
3
C. CONSTRUCTION PHASE
1. Assist the Owner in the advertisement of the Project for bids.
2. Assist the Owner in the opening and tabulating of bids for construction of
the Project, and recommend to the Owner as to the proper action on all
proposals received.
3. Assist in the preparation of formal Contract Documents for the contracts.
4. Make periodic visits to the site (as distinguished from the continuous
services of a resident Project Representative described in Subparagraph 6
below) to observe the progress and quality of the executed work and to
determine in general if the work is proceeding in accordance with the
Contract Documents. In performing this service, the Engineer will not be
required to make exhaustive or continuous on -site visits to review the
quality or quantity of the work or material; he will not be responsible for the
techniques and sequences of construction or the safety precautions
incident thereto, and he will not be responsible or liable in any degree for
the contractors' failure to perform the construction work in accordance with
the Contract Documents. During visits to the construction site, and on the
basis of the Engineer's on -site observations as an experienced and
qualified design professional, he will keep the Owner informed of the
extent of the progress of the work, and advise the Owner of material and
substantial defects and deficiencies in the work of contractors which are
discovered by the Engineer or otherwise brought to the Engineer's
attention in the course of construction, and may, on behalf of the Owner,
exercise whatever rights the Owner may have to disapprove work and
materials as failing to conform to the Contract Documents.
5. Consult and advise with the Owner, issue all instructions to the contractor
requested by the Owner, and prepare routine change orders as required.
6. If specifically authorized by the Owner in writing, furnish the services of
resident Project Representatives, and other field personnel for continuous
on- the -site observation of construction and for the performance of required
construction layout surveys. (This service is not a part of the Engineer's
basic services, and compensation therefore is not included in the Basic
Charge; if provided, compensation shall be determined under Section VI
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 judgment in the selection of competent
Project Representatives, and the Engineer will use diligence to see that
the Project Representatives are on the job to perform their required duties.
4
It is agreed, however, that the Engineer does not underwrite, guarantee,
or insure the work done by the contractors, and since it is the contractors'
responsibility to perform the work in accordance with the Contract
Documents, the Engineer is not responsible or liable for the contractors'
failure to do so, and, so long as Engineer has exercised the usual degree
of care and prudent judgment in selecting Project Representatives and
has used diligence to see that they are on the job to perform the work,
failure by any Project Representatives or other personnel engaged in on-
the -site observation to discover defects or deficiencies in the work of the
contractors shall never relieve the contractors of liability therefore or
subject the Engineer to any liability for any such defect or deficiencies.
7. Review samples, catalog data, schedules, shop drawings, laboratory,
shop and mill tests of materials and equipment and other data which the
contractor is required to submit, only for conformance with the design
concept of the Project and compliance with the information given by the
Contract Documents; and assemble written guarantees which are required
by the Contract Documents.
8. Review monthly and final estimates for payments to contractors, and
furnish to the Owner any necessary certifications as to payments to
contractors and suppliers in a form acceptable to the City.
9. Conduct, in company with the Owner, a final review 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.
10. Revise contract drawings, with the assistance of the resident Project
Representatives, or the Owners representative, to provide record
drawings of the completed Project. Furnish one set of reproducible
drawings and one set of prints of the 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.
5
SECTION IV
PERIOD OF SERVICE
This Agreement shall be effective upon execution by the Owner and the
Engineer, and shall remain in force until terminated under the provisions hereinafter
provided in Section IX or upon completion of Project.
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 ENGINEER'S COMPENSATION
For and in consideration of the services to be rendered by the Engineer, the
Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth,
for the 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 at 203
East Main Street, Suite 201, Round Rock, Texas 78664. 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.
"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 cost for engineering and legal services, the cost of
land, rights -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 or furnished directly by
the Owner for the Project.
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. If the designed facilities exceed the available funding
after receiving bids or negotiating a contract price, then the facilities which are deleted
will be paid for at a later date when they are awarded for construction. These facilities
will be considered an individual period of construction and payment will be in an amount
6
equal to a percentage of the "construction cost" of this separate Project. For example: If
the available funds will only build 90% of the designed facilities, the fee for the awarded
construction will be paid as described herein. When the remaining 10% of the work is
awarded, it will be considered a separate Project and a percentage from the curve
based on the 10% Project amount will be used to pay the basic compensation.
Considering this as an individual Project, it will be necessary to compensate the
Engineer in this manner because of the extra work involved in the preparation of
separate contract documents, organization of plans, construction administration on the
delayed Project, and the delay in payment for the Engineering Services rendered.
In the event that proposals for construction of any of the work authorized in the
Design Phase are received within 90 days after submission of completed contract
drawings and specifications to the Owner by the Engineer, the charge for the
corresponding services in the Preliminary Phase shall be adjusted to the "construction
cost" as reflected by the lowest acceptable proposal, or lowest bona fide bid, if no
contract is awarded. Where no proposal or bona fide bids are received, the Engineer's
estimates shall be the basis for final payment for these two phases. No reduction shall
be made from the Basic Charge on account of penalties or liquidated damages or other
sums withheld from contractors payments.
A. PRELIMINARY PHASE
Payment for services in the Preliminary Phase shall be made to the Engineer in a
sum equal to a percentage of the "construction cost" of the work authorized by the
Owner in this Phase of the Project. This percentage for the Preliminary Phase shall be
computed as ten percent (10 %) of the Basic Charge, which Basic Charge is defined by
Attachments "A" and "C ".
Final Payment for services in the Preliminary Phase shall be payable upon
submission to the Owner of the required report, sketches, and estimates, and upon his
acceptance, which shall be within thirty (30) days after submission.
If a written report is not required, this payment will be due with and in addition to
payment stated in the Design Phase.
B. DESIGN PHASE
Payment for services in the Design Phase shall be made to the Engineer in a
sum equal to a percentage of the "construction cost" of the work authorized by the
Owner in this phase of the Project. This percentage for the Design Phase shall be
computed as seventy -five percent (75 %) of the Basic Charge, which Basic Charge is
defined by Attachments "A" and "C ".
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
thirty (30) days after submission. When the Project is funded through the sale of
7
municipal bonds or through grant funds, payments shall not be due until the funds are in
the Owner's possession.
C. CONSTRUCTION PHASE
Payment for services in the Construction Phase shall be made to the Engineer in
a sum equal to a percentage of "construction cost" of the work authorized by the Owner
in this Phase of the Project. This percentage for the Construction Phase shall be
computed as fifteen percent (15 %) of the Basic Charge, which Basic Charge is defined
in Attachment's "A" and "C ".
This sum will be paid in monthly installments in proportion to the construction
work completed, on the basis of the Engineer's estimated prepared for monthly payment
to contractors, plus the actual value of all materials and equipment purchased or
furnished directly by the Owner for the Project. 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:
(Refer to Attachment "D" for estimated budgets.)
The following services, if authorized by the Owner, (1 through 14), shall be
reimbursed in accordance with Attachment "B" - Hourly Rate Schedule.
1. Services of a resident Project Representative, and other field personnel as
required, for on- the -site observation of construction.
2. Services for Construction Layout Surveys (Construction Staking).
3. Land surveys and establishment of boundaries and monuments.
4. Preparation of property or easement descriptions.
5. Preparation of any special reports required for marketing of bonds.
6. Special permits for and /or appearances before regulatory agencies.
7. Special investigations involving detailed consideration of operation, maintenance
and overhead expenses; preparation of rate schedules; eamings and expense
8
statements; special feasibility studies; appraisals; valuations; and material audits
or inventories required for certification of force account construction performed by
the Owner.
8. Additional copies of reports and specifications and additional blue print copies.
9. Preparation of applications and supporting documents for government grants,
loans or planning advances for public works projects.
10. Assistance to the Owner as an expert witness in any litigation with third parties,
arising from the development or construction of the Project.
Basis of Compensation: Two times hourly rate in accordance with Attachment "B"
- Hourly Rate Schedule in which Engineer's presence or his representative is
required by Owner. $300.00 per day minimum charge.
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 "B" - 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 "B" - Hourly Rate Schedule.
13. Extra travel required of the Engineer and authorized by the Owner from Round
Rock to points other than the State of Texas in connection with the Project.
Basis of Compensation: Cost of travel and living expenses plus a twenty percent
(20 %) service charge. Cost of labor in accordance with Attachment "B" - 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, but not until Bond or Grant funds are in the Owner's
possession.
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 percent (1 %) per month, from
9
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 IX of this
Agreement.
SECTION VII
REVISION TO DRAWINGS AND SPECIFICATIONS
The Engineer will make, without expense to the Owner, such revisions of the
preliminary drawings as may be required to meet the needs of the Owner, but after a
definite plan has been approved by the Owner, if a decision is subsequently made by
the Owner, which, for its proper execution, involves extra services and expenses for
changes in, or addition to the drawings, specifications or other documents, or if the
Engineer is put to Tabor or expense by delays imposed on him from causes not within
his control, such as by (but not limited to) the re- advertisement for bids or by the
delinquency or insolvency of contractors, the Engineer shall be compensated for such
extra services and expenses, which services and expenses shall not be considered as
covered by the percentage fee stipulated in this Agreement.
Compensation for such extra services shall be in accordance with Attachment "B"
- 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 further compensation for the
use of such documents.
All original documents, plan designs, and survey notes for completed or partially
completed projects for which Engineer has been compensated shall be the property of
Owner and Engineer and reproducible copies shall be furnished to the Owner upon
request. The use by either party of such documents is unrestricted.
10
Baker - Aicklen & Associates, Inc.
203 East Main Street, Suite 201
Round Rock, Texas 78664
City of Round Rock
221 E. Main Street
Round Rock, Texas 78664
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 proceed to
cancel promptly all existing orders and contracts insofar as such orders or contracts are
chargeable to this Agreement. As soon as practical after receipt of notice of
termination, the Engineer shall submit a statement, showing in detail the services
performed under this Agreement to the date of termination. The Owner shall then pay
the Engineer promptly that portion of the prescribed charges which the services actually
performed under this Agreement bear to the total services called for under this
Agreement, less such payments on account of the charges as have been previously
made. Copies of all completed or partially completed designs, plans and specifications
prepared under this Agreement shall be delivered to the Owner when and if this
Agreement is terminated, but subject to the restrictions, as to their use, as set forth in
Section VIII.
SECTION X
ADDRESS OF NOTICES AND COMMUNICATIONS
All notices and communication under this Agreement to be mailed or delivered to
Engineer shall be to the following address:
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.
SECTION XII
SCHEDULE OF COMPLETION
The Engineer will fulfill the scope of services included in the Project in a
professional and timely manner. The Owner's wishes and requirements regarding the
project will be conveyed through the City's Director of Public Works, and the Engineer
shall confer frequently with the Director of Public Works throughout the Design Phase of
the Project. The date for completion of Preliminary Phase is 90 calendar days following
the execution of this Agreement. The date for completion of the Design Phase is 120
calendar days following approval of the Preliminary Phase and written notice to proceed
with Design Phase.
A t: CITY OF ROUND ROCK
nne Land, City Secretary
A. iam Waeltz, P.
Round Rock Branch M.'T'er
o:199prop199- 5125pro.doc
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
the Agreement. Except as above, neither the Owner nor the Engineer shall assign,
sublet or transfer his interest in this Agreement without the written consent of the other.
Nothing herein shall be construed as creating any public body which may be a party
hereto.
EXECUTED in two counterparts (each of which is an original) on behalf of the
Engineer as shown below, and on behalf of the Owner by its Mayor (thereunto duly
authorized) this the )(_o day of DLfi/M.b.r? -J , 19 c p 1
Attest: 13 ER - AICKLEN & ASSOCIATES, INC.
i
®! I)fit
tluka, Mayor
12
ATTACHMENT "A"
HARRELL PARKWAY FROM CHANDLER CREEK TO COUNTY ROAD 113
PROJECT DESCRIPTION
City of Round Rock proposes to widen Harrell Parkway through the Old Settler's Park from
Chandler Creek northward to County Road 113. This reconstruction project will consist of the
widening of the paveme4nt to 24 feet, installation of a 2 foot ribbon curb on both sides of the
roadway, overlay with 2 inches of asphaltic concrete and all necessary drainage
improvements.
Engineer's Preliminary Opinion of Probable Construction Cost
1. Excavation 5,600 SY @ $2.00/SY $11,200.00
2. Asphalt Stabilized Base 3,528 TON @ $35.00/TON $123,480.00
3. 6 In Ribbon Curb 16,800 LF @ $5.50 /LF $92,400.00
4. 2 Inch HMAC Overlay 22,400 SY @ $3.50 /SY $78,400.00
5. Drainage Improvements 1 LS $20,000.00
6. Restoration & Reseeding 1 LS $7.800.00
$333,280.00
10% Contingency $33.328.00
Total Opinion of Probable Construction Cost $366,608.00
ATTACHMENT "B"
STANDARD RATE SCHEDULE
(Labor Rate Table 34)
Effective August 1, 1998, the following rates are recommended for work performed on an hourly- charge basis.
Rates include company overhead and profit for services accomplished during regular working hours.
DIRECT LABOR
OFFICE PERSONNEL SERVICES
Classification Rates
Project Engineer $100.00 per hour
Staff Engineer $85.00 per hour
Project Surveyor $80.00 per hour
Project Designer /Coordinator $70.00 per hour
Staff Surveyor /Engineering Assistant/GPS Processor $65.00 per hour
Senior Engineering/Surveying CAD Technician/Designer $55.00 per hour
Engineering/Surveying CAD Technician/Designer $50.00 per hour
CAD Draftsman/Field Representative $45.00 per hour
Secretary $45.00 per hour
Expert Witness/Testimony /Deposition Services Two Times Rates
Principal (as appropriate) $120.00 per hour
FIELD PARTY SERVICES Rates
1 -Man Field Party $65.00 per hour
2 -Man Field Party $90.00 per hour
3 -Man Field Party $110.00 per hour
4 -Man Field Party $130.00 per hour
GPS Field Unit with Operator (Note 5) $100.00 per hour
GPS Field Unit without Operator (Note 5) $60.00 per hour
DIRECT EXPENSES
Transportation:
By Firm's Passenger Vehicles (Note 1) $ 0.35 per mile
By Firm's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.35 per mile
Subsistence of out -of -city work $100.00 per day
Reproduction & Printing by Firm, Prevailing Com-
Survey Stakes, Lathes, Iron Rods mercial Rates Or
and other Direct Expense Cost, Plus 10%
Notes:
1. A mileage charge will be billed for projects exceeding a 50 -mile radius of the base office only.
2. Field Party rates include conventional equipment, supplies and survey vehicles. Abnormal use of stakes,
lathes, etc., used such as during the construction phase of a project will be charged as indicated.
3. A minimum of two (2) hours field party time charge will be made for show -up time and retum to office,
resulting from inclement weather conditions, etc.
4. Field Party stand -by time will be charged for at the above -shown appropriate rates.
5. Rates apply to actual time GPS units are in use. All other time will be charged as appropriate normal field
party rates.
6. The firm's professional liability is limited to the total amount of compensation associated with a specific
project up to a maximum of $50,000.
Baker- Alcklen
& Associates, Inc.
Engineers /Surveyors
ATTACHMENT "C"
PROFESSIONAL ENGINEERING FEE CALCULATIONS
based on `Method Related to Construction Costs'
PROFESSIONAL ENGINEERING SERVICES
A Guide to the Selection and Negotiation Process
1993
A joint publication of the
Consulting Engineers Council of Texas
and
Texas Society of Professional Engineers
HARRELL PARKWAY - STREET IMPROVEMENTS
TECHNICAL FACTORS
1. Level of information required on plans /drawings
2. Project requirements
3. Existing data
OWNER CONTROLLED FACTORS
1. Risk /liability (base standard of risk limited to fee)
2. Time required for owner review /approvals
3. Number of submittals /owner reviews
4. Schedule for completing work
5. Payment schedule
6. Owner requested subconsultants
7. Owner participation in project /partnering
8. Construction inspection limiting participation of engineer
EXTERNAL FACTORS
1. Coordination with other entities
2. Environmental regulations
3. `Not in my back yard' /Citizen's involvement
4. Governmental constraints
TOTAL CONSTRUCTION COST
FEE PERCENTAGE
TOTAL FEE
A. WILLIAM WAELTZ, P.E.
TOTAL FEE FACTOR -0.15
$366,608
11.42
$41,867
- 0.10
- 0.10
- 0.10
0.00
0.00
0.00
0.05
0.00
0.05
0.00
0.05
0.00
0.00
0.00
0.00
Applicable Construction Cost Index used in preparation of this report = 3965.25
November, 1999 "Engineering News Record"
ATTACHMENT "D"
HARRELL PARKWAY FROM CHANDLER CREEK TO COUNTY ROAD 113
ANTICIPATED CHARGES NOT INCLUDED
IN BASIC SERVICES
ITEM NO. DESCRIPTION ESTIMATED BUDGET *
1. Design survey including topographic $8,000
and vertical data
* Note: Baker - Aicklen & Associates, Inc. agrees not to exceed this estimated budget without
prior written authorization.
No additional services will begin unless authorized by the Owner.