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HomeMy WebLinkAboutRES 880301 - Engineering ContractA RESOLUTION APPROVING AN ENGINEERING CONTRACT BETWEEN THE CT TY OF GEORGETOWN, TEXAS, AND FREESE AND NICHOLS, INC. AUTHORIZING AN AGREEMENT FOR ENGINEERING SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME. WHEREAS, the City of Georgetown, Texas, is the major distributor of water within its corporate limits; and WHEREAS, the City Council finds that safe and efficient distribution of water is essential to the operation of the City�s Public Utilities Department; and WHEREAS, Freese and Nichols, Inc. and the City of Georgetown desire to expand services from a contract in existence dated 1984 and authorizing the Mayor to execute the same; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: Section I. That the City Council find the recitals set et iorth above are true and correct and arr e incoporated r heein. Section Il. That the City '-Council approves the Contract between the City of Georgetown and Freese and Nichols, Inc., for engineering services, and authorizing the Mayor to execute -the same, which is attached hereto and incorporated herein as if I u'Ily set -Forth at Ilength. Section Ill. That the Mayor is hereby authorized to execute the Engineering Proposal and City Secret-ary to attest. A I PASSED AND APPROVED this J-3 daft of 11988. J-3 APPROVED: or AMENDMENT TOCONTRACT FOR OCTOBER ENGINEERING SERVICES DATED 4, 1984 BETWEEN THE CITY OF GEORGETOWN AND FREESE AND NICHOLS The Contract for Engineering Services entered into on October 4, 1984, b3l and between the City of Georgetown, Texas, and Freese and Nichols, Inc shall be amended as set forth below. The said Contract is attached he�e'l- and incorporated by reference herein. Under the provisions of Contract paragraph 3.b.1, "For Other (Additional) Water Distribution System Improvements Requested by the city It, the City hereby authorizes the following: I The City of Georgetown (herein after referred to as OWNER) agrees to employ Freese and Nichols(herein after referred to as 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 under provisions,as stated in the contract. Part A: Providing consultant engineering services as requested by the OWNER on the planning and selection of the alignment for the Maple Street Water Line Extension Project from the intersection of Maple Street and 13th Street to near the intersection of FM 1460and Industrial Avenue. Part B: Provide detail plans and specifications, assistance during bidding, and general representatton during construction for the Maple Street Water Line Extension •project from the intersection of Maple Street and 13th Street to near the intersection of FM 1460 and Industrial Avenue. This Amendment shall become effective upon ENGINEER and shall remain in force for the required for the design, award of contract, ject, including Additional Services and an by the OWNER. 11ke execution by the OWNER and th-e *eriod which may reasonably be and construction of the Pro- 6required extensions approved The ENGINEER shall render the following professional services for development •' the Project: Part A: Consulting engineering services as requested by the Owner t# finalize the general alignment of the project. K. PRELIMINARY PHASE 1. Study and Report • Upon execution of this Amendment, ENGINEER shall: a. Consult with OWNER: (1) to review the scope of work, (2) to verify the OWNER's requirements for the Project, and (3) to review available data. b. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist the OWNER in connection with any such services. C. Provide analyses of OWNER's requirements for the project, as verified in Section III, Part B, Paragraph A.I.a., including planning, surveys, and site evaluations. d. Prepare a Report containing schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and the alteria- tive solutions available to OWNER and setting forth ENGINEER's findings and recommendations with opinions • probable construction • for the Project, which includes estimates of contingencies and allowances for charges of professionals and consultants. Allowances for the cost of land and rights-of-way, compensation for • damages to properties and interest and financing charges will be provided • the OWNER or others so designated by the OWNER, all of which are hereafter called "Project Costs". The alternate solutions shall ►- limited to not • than three. e. Furnish 20 •r • the Report and pres- •- • person with OWNER. M t - Preliminary Design Phase After OWNER has accepted the report and has issued writte authorization to proceed with the Preliminary Design Phas ENGINEER shall: I a. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. b. Based on the informati-on contained in the preliminary design documents, submit a revised opinion of probablt Project Costs. C. Furnish 10 copies of the above preliminary design •• and present and review them with OWNER. After written authorization, the ENGINEER shall provide profes- sional services in this phase as follows* 1. Prepare detailed plans, specifications, contract documents, designs, and layouts of ••- to be constructed (surveys to be furnished in Additional Services, Section IV). 2. Provide the OWNER with advice, when requested, with respect to the making • all subsurface investigations, including borings, test pits, soil resistivity surveys, and other sub- surface explorations; however, the making • such investiga- tions and the interpretations of data and reports by special consultants are • a it • the services to be rendered by the ENGINEER, and the cost therefor shall be paid by the OWNER. The ENGINEER shall monitor and review the work of testing laboratories and inspection bureaus required for the testing itr inspection of materials, witnessed tests, factory testing, etc., for the Project, but the cost of such laboratory tests or inspection shall be paid by the OWNER. 3. Furnish the OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities6 Preparation of detailed applications and supporting documents for government grants or for planning advances will be provided as Additional Services. IN M 3- Assist in the preparation of formal contract documents for construction • 4- Assist in conducting pre -construction • with the Contractor(s), review construction schedules prepared by the .Contractor(s), and prepare a proposed estimate of monthly cash requirements • the project. IM L Interpret intent of the plans and specifications for the OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by t OWNER, for substitutions of equipment and/or materials 0 deviations from the plans and specifications will be considered an Additional Service. 10. Review and comment on monthly and final estimates for payment to Contractor(s), pursuant to the General Conditions of the Construction Contract. ILL Conduct, in company with the OWNER's representative, a final inspection of the Project for conformance with the design concept of the Project and general compliance1with the con- tract documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). so 12. Revise the construction drawings in accordance with the in- formation furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two sets of prints of "Record Drawings" shall be provided by the ENGINEER to the OWNER. Additional Services to be performed by the ENGINEER, if authorized by thd OWNER, which are not included in the above described basic services, are described as follows: A. Field Surveying required for the preparation of designs, drawings and plans. B. Field layouts or the furnishing of construction line and grade surveys. C. Investigations involving detailed consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account con- struction performed by the OWNER. D. Making necessary property, boundary and right-of-way surveys) preparation of easement and deed descriptions, including title search and examination of deed records; except there will be no additional charge for surveying where the ENGINEER can prepare center -line type descriptions for the procurement of easements along pipeline routesdeveloped from the design surveys for the design of pipeline Projects; however, additional surveys re- gired to determine property corners and complete development of escriptions for right-of-way easements will be considered an Additional Service. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. G. Preparing any required Operation and Maintenance Manuals or conducting operator training and preparing Environmental Impact Assessments or Statements. 0 H. Appearing before regulatory agencies or courts as an expert wit- ness in any litigation with third parties or condemnation proceed- ings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. I. Furnishing the services of a Resident Project Representative to act as the OWNER's on-site representative during the construc- tion phase, if requested by the OWNER as defined in original agreement. J. Assisting the OWNER in claims disputes with Contractor(s). K. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. L. Assisting OWNER or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by ENGINEER on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. M. Preparing detailed Plans and Specifications for Trench Safety Systems. OWNER shall •• the following in a timely manner so as not to delay the services of ENGINEER: A. Designate in writing a person to act as OWNER's -• with respect to the services to be rendered under this Agreement. Such person shall have contract authority to transmit instruc- tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER s • for the Project4 B. Provide all criteria • full information as to OWNER's requir ments for the Project, including design objectives and con- straints, space, capacity and performance • flexi- bility and expandability, and any budgetary limitations; and furnish copies •: all design and construction standards which OWNER will require to be included in the Drawings and Specific • I M C Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. I. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER tv perform services under this Agreement. Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER, obtair advice of an attorney, insurance counselor and other consultants at OWNER deems appropriate foe such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Gi The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by the OWNER. H. Provide such accounting, independent cost estimating and insur- ance counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertai0ng to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performinq the work. I. The OWNER shall determine, prior to receipt of construction bid, if the ENGINEER is to furnish Resident Project Representative service so the Bidders can be informed4 ".1 J. If OWNER designates a person to represent OWNER at the site who is not the ENGINEER or ENGINEER# s agent or employee the duties, re- sponsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of Engi- neer and the Resident Project Representative (and any assistants) will be set forth in an amendment that is to be identified, attached to and made a part of this Agreement before such services begin. K. Attend the pre-bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspec- tions. L. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of thGINEER's services, or any defect or nonconformance of the work of any Contractori M_ Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Amendment or other services as required. N Bear all costs incident to compliance with the requirements of this Section V. RrM The ENGINEER will commence work on the Project immediately upon execution of this contract, The ENGINEER shall complete the work in accordance with the following schedule* PART A: Concurrent with the approval of the alignment of the Maple Street Water Line Extension Project by the Owner. PART B: The Preliminary and Design Phase will be completed within 60 days of receipt of complete field surveying required for the preparation of design, drawings and plans. The ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates, M ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, And employees from the liability ♦ the OWNER On account of any injuries or damages received or sustained by any person or persons or property, including court costs and reasonable attorneys fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER • its officers, agents, or employees in the execution, operation, or performance of this Amendment. M OWNER shall indemnify and save harmless the ENGINEER and its officers, agents, and employees from the liability of the ENGINEER on account of any injuries or damages received or sustained by any person or persons or Propertyj including court costs and reasonable attorneys fees incurred by the ENGINEER, proximately caused by the negligent acts Or WitSibns of the OWNER or its officers, agents, or employees in the execution, operation, or performance of this Amendment, in the event of liability from suits, actions or claims arising but of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, in the performance of this Amendment, each party shall Contribute toward the satisfaction Of the liability its proportion- ate share, which share shall be equal to the percentage of negligence attributable to the party. No arbitration arising out of, or relating to, this Amendment involving one party to this Amendment may include the other party to this Agreement without their approval. SECTION XI TERMINATION OF AMENDMENT The obligation to provide services Under this Amendment may be terminated by either part upon thirty days' written notice in the event of substan- y 1 1 tial failure by the other party to perform in accordance with the terms thereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered and reim- bursable expenses incurred to the date of teemlhatibn and, in addition, all reimbursable expenses directly attributable to terminatiohi 909MME OWNER And ENGINEER each are hereby bound and the partnersi successors,, executors, Administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Amendment and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and *bligations of this Amendment. M Neither OWNER nor ENGINEER Shall assign, sublet Or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Amendment without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from Any duty or responsibility under this Amendment4 Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of Services hereunder. Nothing Under this Amendment shall be construed to give any rights or benefits in,this Amendment to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Amendment will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. This Amendment modifies the entire original (October 4, 1984) Agreement between OWNER and ENGINEER whore appropriate and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. i I . IN TESTIMONY HEREOF, they have executed this Amendment, the 136 day of 1988. U am City of Georgetown Owner FREESE AND NICHOLS, INC. Engineer T.-7uthy ei 14 Vice President STATE or -ExAS A. COUNTY OF WILLIAMSON CONTRACT FOR ENGINEERING SERVICES Z S Th is C Ontzact entered into this Ij day of by OF �C 7- t � -:' " , add between the CITY GEORGETOWN, TEXAst hereinaf ter call, the City,, acting by and through Carl Doering, authorized to act and FREESE AND NiciloLS, IN• its FlAyor, dul Registered proo f essionl C* af Austin, Texas Engineer. Engineers, hereinafter called th WITNESSETH, that in considera'tion of the ccvenan-s-a'n agreements herein c6nitained, the part as followst ties hereto do mutually'-agre 1. Em2l0vment of Engineer, The City hereby emplays' th, Engineer and the e Engineer agrees to-perf-orm all n-ecessar, professional services hereinafter set forth in connect improvements to the water. ion witil undertaken by the City. treat . nt and I distribution system to bo Scone of Work. a. Lake aPnrffa*__ L,MGD Surface Water Treatment Plant:, ]Raw Water Pump Station The raw water pump station will isting pumc sa installation using vertical turbine Pumps mountedcOnanist-the eiof-X intake structure. Pumps will be equipped with l valves, isolation valves, And air release valves located incontaroconcrete vault. The electrical controls will be designed fai outdoor installation if indoor installation proves not feasible. the water Pump station will be enclosed with'a chain link fence. A gravel access road, -parking and area lighting will be provided. Not included in the scope of work of this Item is any structural. support for the Pumping equipment, a -raw water pump station building or chemical . I facilities located at the raw water intake. RaW* Water Transmission Line station The 16'o transmission line from the raw water pump to the water -treatment plant of a linear feet has previouslpproxim*ately .2,506 y been (ionstructed; A raw water flow meter (Venturi tube) will be desianad - , rn 2 3. Rapid Hix Unit A two cell rapid mix structure d°ed Each cell will*'be designed for 3 MGWill ll be inc A and will be equippedlude mechanical mixingg equipment. 4- Chemical Facilities Facilities and staiage for the feeding of chemic3,l for water trea nt operations will be rovided, be included for caustic or hydrated lime for pEi control, al wil ferric sulfate and polymer for turbidity 'removal, ammonia '`an chlorine for disinfection, and potassiuza _and oder control. Chemical metering Permanganate for tast will be included and will be auto ticallmps and/or dry feeder the raw water flaw rate. Y Paced in proportion t( 5. Flocculators Two stage horizontal flacculators with constant speed drives paddlee inYpeclud d.hanica mec units will be constructed integrally with the seciimentThese basins. atior, 6- �Sedlmentation Basins Straight flow through, concrete conventional sedimezztation basins with $ detentio_n time of four {d) hours or less will be included. The length to width ratio shall be approximately 2 to 1. Mechanical sludge collectors will be included in the first section of each basin.." Tuts earthen sludge storage lagoons will be included. Z.- Gravity Filters Poix'r ( 4 } gravity y filters to State standards will be included following sedimentation for automatic backwash control. There will be no facilit-s An earthen backwash water reclamation tank will be included_ Plant Operations Building control room, laborator y, and Office with men and women's restracm facilities gwilltbelanpdesigtzed in n approximately rely 1,000. square foot masonry control building.. 'Pumping Facilities. A transfer well and transf designed to transfer the treated er pump station e + Will stet to °the City's n,Will 'b gallon storage -tank. A proximately 5, transfer line from 300 the water treatment plantOtoithe rstorage feetf and an 8' MGD high service pump station at the tank will be designed. g The high service pumps will be of the vertica : type, similar in configuration to the station. The storage tank will be cleaned aumPs t the southsid� rb3 construction of pump station. painted at u tim, The City.will provide the En and S`Pecificati®ns for all previous gineer with copies of including raw w work at theproposedPla 'line and water intake strucyture si : electrical distribution $ stee,layout.ester ttansmiasi, b. -`L'- , MGD Ground Wager Treatment Plant A MGD lime softenin . treatment of the groundwater. g plant will be desi following treatment unitsz Thin facility willconsistried fc of tF 1, Rapid mix unit with mechanical equipment. P t. 2. Solids contact t This unit will be designed for waterrsoftenin with Y Pel clarification unit. detention ti-me of t'.ro g a maxima. (2) hours. treatment unit with auto tic sludge blow down facilities It will be a high res 3= Chemical Facilities. be included for lime Chemical feed facilities chlorine liquid alum or ferric sulfate, zl; facilities willbe arranged and rbon for bulklSe - Ther, {i€ necessary). Then will provide for chemical metering pment of chemicals anc feeders as required. Chemical feed facilities wllrbdr the groundwater flow signal. p chemical . be.paced from d. Falters. Gravity solids contact clarification ,filters will be included following automatic backwash control. There will be no facilities for recarbonation will b included Prior to filtratio , facilities for , if necessary, station will be designed Facilities, A transfer well and Pumping .1 r 000, 000 gallon to transfer the treated water to the .`, �-de ground storage tank, 1,t�0 linear feet of 18" Approximately will be ,included, transfer line from the plant to the tank Yo r _ 8• Solids Handling' FacLl�s. ` from the softenin ,L 9 process es. All solids n will be discharged to the roduced 'Sewer .sstem, An earthen municipal included, as well as tbac water. reclamation tank will wo backu p Sludge story e lagoons®. e 7• .. D para tar, s -:'l i ties o_ approximately 500 squares- c A masonry Operator's rocm .designed for this - fee` with Plant... a single restroom will b; . Ground Water Transmissloa Line. A ground water transmission line from the dow ntawn wells to the Proposed groundwater treatment Plant of approximately 5,G00 provided in lineAr feet will be Included. A Venturi flow concrete Vault at the plant. meter W I ll: .'k and The City will provide the Engineer with . th Specifications for copies of 'plan downtown ex previous work a t a well Plant all rrangementse pump sizi including well th aga, etc. P I P I n 2•Characterand -Exte algineer shal rnt Of Enaineeri., en er engineering services Th and construction of t or the d - he work, efa ,,rel`OPmen Zlowinq which shall Include the a. Preliminary De�s_iqn Reipart (Water Treat -_et 1�t �a-211� P�Iant�_s) o rt re, mincer -Wa t e� The Engineer Will prepare a preli eatm �r t� minary design let the water treatment Plants), treatment units plants to indicate plan, ter report: fa, Pertinent design criteria, prelayout, sizing 04 and inairUment'ation diagrams iminary-process Probable construction --costs. and a preliminary estimate of submitted to The preliminary report the CitY-and the Engineer shall. be Councillor its designated official. shall meet with the City final report to.review-such report. modifica shall then be prepared which The tions or additions requested shall include Engineer will submit five (5) 'ted in writing by the City. The copies of the final report to the CitY, and submit copies of the report to the Texas ffealth for approval prior Department of r to initiation of final design. b. Desig.ns! Plans and SOecificatio . . . .... ....... ... .. ... will advise the ... ........ . . . .. c j" ns: The Engineer Y as to `­t�e rju-mber other of burin s foundation explorations test Pits, and indication as to the type and kin necessa y to give a general d Of subsurface conditions which can be expected ,along the right-Of-wav nd at the site proposed. Project- To observe the borin , a _ of the foundation explorations which th 9sr test Pits, and other Working drawings and specifications City deems necessary, prepare forms or proposals. Prepare on's for the Ptojec I I t, prepare approvals from local' e applications for licenses and/or and assist I. the coordination state authorities; attend conferences he coordination of the ' Parties; and assist I. the e 'work and other interested process. award of the Construction contr"' act Cons c * General Representatin and Observation tructionEngo in a n d 6 b �se r�- t n o f t I ee r L I f ur Ai 5 Dur a fna v a he 'wo r 1 1 h general represent follows: review shop dr - nss p k during the construction- h at'fn AwiPur Se as 'of the Construction Coat'- SuAnt to the General conda average, tO.the site , -act; make two (2) visits per itions testing 14bora 4. With off ice -8 taf f o re Oview Such month, �ries as -may, be required by the Ci#- work of Shall keep the CitY informed of the-P_ojZeAs o' ty.. En4ineer* change orders as required; revi the work- prepare submitted by the Contractor and ew the application for' Payment Payment prepare appropriate docu authorization. ' The Eni ments for dgence gto det ect defects neer shall use all reasonable Contractor and d an d deficiencies -in t I-SaPprove or rejec - he work of work.that fails to cantor= to the Contract Documents. Engineer shall not be responsible- of -the means, methods, technique sequences or procedure's of construction selected by Contracs"Or or the safety precautions an� programs incident to the work of the Contractor. Engineer shall not be responsible for the acts or omissions of any person (except his own employees and agent) at the Project site Oz Otherwise Performing any . of the work of the Project. do -Resident Representation During Construction: if requested by C tY, a Resident Project Representati ve Representand assistants will be furnished who will act as directed by Engineer in order to provide more extensive representation at the project site during the Construction -Phase. The city shall:advisethe Engineer before the completion of the preparation of the Contract Documents if the Engineer is to provide- this service. The duties and responsibilities and the limitat-lom an the authority *of the Resident Project Representative and assistants" will be set forth in'Attachment Attachment A, which is identified, attach * to be ed to and made a part of this Agreement. Construction' layout will be provide -d Project Representation. as"a Part Of Resident w. i ..._...ems.. easements or land are not a part of this Contract. shall pay for costs of all ,field and land surveys and e Cit :compensate the Engineer for services rendered in T connectio condemnation proceedings after approprshal n wit iate agreements for suc services have been; de, 2 9. Additional Services: The Engineer shall such additional services as requested and authorized in writin< by the City, such as field survreys, construction staking preparation of easement information;, fload channel improvements design required for plant siteilocationsj public hearings including those with regulatory agencies. Thf City shall -be advised in writing before additional engineerinc expenses are incurred. 3. Compensation to Engineer; The City agrees to thE Engineer for all professional services rendered underathi= Contract in accordance with the following: a 'For Lake Georgetown Water Treatment Plant and Southside Water Treatment Plant: For Preliminary Design Report (Paragraph 2. ,) , Designs, Plans, and Specifications (Paragraph 2.b.), and General Representation and Observation During Construction (Paragraph 2.c-.) related to the two water treatment plants, (Paragraph l.a. and b.) thea Engineer shall be paid the lump sum of Three Hundred Seventy -Eight Thousand Dollars ($378,000) broken down as follows., (1) Preliminary Design Report • $56,700 {ISI t2) Design, Plans, and Specifications $264,600 (7 0%) (3) General Representation and - Observation S56,700 1153 The Engineer may submit requests for partial payment monthly based on the amount of work completed. However, during the course of the Design Phase, the sum total of those progress, Payments shall not exceed ninety Fhase (90%) Percent of the Design at Designthe time of submitt- al of final Plans and Specifications. The final, t'en (101) percent shall be due and payable upon approval. of the Plans and Specifications by the Texas- Department of Health. All sums that become due under• this contract are payable in Georgetown, Williamson County, Texas Progress payments for General Representation and Observation` shall be computed on the basis of the value of construction work Performed by the Contractor as reflected by the -monthly estimates submitted b -the Contractor. Payment for General Representation and observation shall be due and payable Upon submission to the City. b - For Other (Additional) Water Distribution Imrarov nts Reouested by Cit,r: Svste.^x 1. The City may, at its choice discretion, authorize additional water system improvemets .so" nts such event, the procedures for designs, plans and s ec n' p related to -water distribution system improvements shall � be � s set forth in :Paragraph 2.b. hereof, and the Engineer. shall b, compensated :a basic charge of five and one-half (5-1 /21) Of the total construction cost of the work. '� Percent shall be -the sum of two The Basic Cha:rg parts {1� Design, Plans Specifications, and (2) General Representation.Ci, anc This paragrapt shall nat be applicable unless and . .until . said in writing such work , if any, to be done' ty authorizes The fee for Design, Plans, and speifictgns shall be 851 of the Basic Charge. The Engineer may submit requests for ;:payment based on the amount of however, the sum total of thossuch authorized work completed; ea percent of the estimated 'des payments shall not exceed ninety the final Plans and Specifications to -the City. submittal of y • The estiazza ted design fee 'shall be basedon the prelim' nary cost estimate agreed to by the C-ity and Engineer. The final tern (101) percent shill be due and payable upon approval of the Plans and Specifications by the Texas Department of Health. Adjustments to the 'fee will be made upon award of- the construction contract and upon Completion of construction. In the event the project is not advertised and bid within ninety ( 90) days following final approval of Plans 'and Specifications, the fed shall be based on the Engineer's latest estimate of probable construction cost and shall be 85 percent of the basic charge. 2. For :General- Representation and observation During Construction {Paragraph 2.c.}: The sation for General Representation During Construction tshallotalcompenbe-fifteen (15j) percent of the Basic Charge as determrned in Paragraph .b.l.' This fee is based on the construction time presented construction documents. Should construction time exceedin the amount the engineer shall be, compensated based an the schedulehis of charges as shown in Attachment 13 for this additional work,. Fees : for General Representation shall be computed can the basis of -value of construction work performed by the Cant -actor as reflected •by the monthly estimates prepared b ythe Engineer. Payment for General Representation and Observation shall be due and payable upon submission to the City. In a determination of the total constructions cast of the work on which the Engineer's fee shall be based, there shall rOM hot be included the cost at landi rilhti-of or legal 'e.tpens�as , ar way, admin chitect, engineering, consultant fees, setvices of testing lAbor,t,,*Y1ftqt foundation tests, interest duringconstzqctidn, 14S 1 baring items not relati nor any ath Ing to the worj�-,-#, involving the City's cbnst-ucti cost, 'which the Engineer administers Pursuant de hereto. shall not beucted from the const Ion cal, tram payments to Contrac4-` Sums Withhe damages or . other simila 'art such as penalties, 1'iquidat r SUMS. For Resident Recresentation and Cons-truction and Repoa Constructin La7ut --- nszectlbn 'Our, na �1 •U �U,-- - Ft, - - - --- resentation 0- q o or the Resideft (Paragraph 1.d.;) UrInCnstruction and const-'Uction elayou the Enginer shall be paid an the basis of Schedule of Charges shown as Attachment a. a 0 0 Not all a wgw� 4.* Preliminary Estimates: WheA teqtested-to do so�by*Clty', the Engineer will furni�h e-st-imates of probable constrqc�iad Cos" of the vatk,, but he does not uarantee est9 the accuracy of suc� imates. However, these estimates will be based on th4 best data available to the Engineer at thattime. Plans and SceciEicatians! The City =t4, - the right QIzect in writing substantial e sPe o r7isin r- -ves and f the plans ifications'after o due approval by the City as City may deem necessary, but in such*event the City Shall pay to the Engineer just and equble compensation I for Services rendered in making such rev* * isions. 'In8nection and Revie,4'df the endeavor work4 The Engineer.will %detect�s­and deficiencies in ta protect the City aqTa-inst the work Of Contractors, by observation of the work as it Progresses, by intezptetat ion of, the plans t scecif Ications and other Contract Documents to and with the Contractors, by the d' lsappro*al of defec":ive Pr-ccedilres; where they are observed, and the Engineer will exetaise due dgence to assist the city in requiriag that the work be done in accordance with plans and • One Highland Center suite 560 314 Highland Mail Blvd. Austin, Texas 78752 94 Plate of Performante: This,contract shall be performable in Georgetown, willi-am- son County, Texas. §uCclassats and Assignments4. The City and the Enjifteero each binds itself, i�ts successors and assigns.to all covenants of this; Agreement., Neither the City adt the Enjifteer shall assign, sublet or,tzansler any interest la this Agreement without the Prior WritlZen consent of the other -party hereto. This Contract is executed in dublicate originals. IN; TESTIMCUY HEREOF, said partfes do hereby execute this , the day and year first above wrf ttin. greement th# CITY OF GEORGE T OWn BY, UUt ATTEST. , �jj t b 7lG PREESE AND NICHOLS, INC. ENGINEER BY: ATTEST: VICE PRESIDENT /4 ATTA004ENT A Du'ties, Responsibilities and Limitation of Resident proje' s of Authority ct Re'presentacive - A. C-4rwral. Relf"l-c"'t protect ReprCicM&Iivv is ENGINEER*l Acent, will act as directed by and under the Itapervi, NEER, and will corder with. FEINGIN FEER retzrd,nt his 'io' Pertaining to Ow on -me wort Actions. Resident Protect dealtrit! Subcontractors Ihs" in ze""" be 0111Y with ENGINEER and CONTRACTOR. And d, "11 Only be throuth or %"ih the full OWNER will be only t : hrough of as directed by ENGINEER. dge 0( CONTRACTO;L written COMmunx Dimu" sa4, Rcsp06AibjU(tC2. .* . .1 : . Resident Protect RePrc'sentativc will: f. the procrel% by CONTRACTOR .d.c,,,,,, scNcdule. schedule of Shop D C submillionland %4f"uk of vitlues with F awl" ENGIN r NE=R _ COCKerni.nig their acceptability. CO"fe-111ces: Attend oreconstfuct,on conferences. ArT72ntc 3 schedule of progress as required in consultation with ENGINEER in n"tetinti and Other jab coo Miuntain and cirruiltepies C( Mtn thcs%' C'P<ctcd to attend in advance. Atte utc:l thereof. ,attend meet `- Scree as 1ENGINEER's liaison with CO."4TRAC'TOR. -ortint pnRcIvally lh* . dent and a, %,%I hint In undcrItandint I "'Ough CONTRACTOR's sul 1122%0* he intent 0(the Contract 00cumcnt-., A%3911 ENGINEER inscirving Is 0, n "tch CONTRAC-4 OR v'hcn CONTRACTOR's oper2tion,.2 iTcct OWN ER*s on-site Operations. b. As requested by ENGINEER. assist In Obtaining from OWNER Additional dci2ill or Information. at the ,fob site for Proper execution of the Work. when .4. SAOp a' Reciter and record date of receipt *4TP o! Shoo O"w'"c' And %amrics. receive 12mPics which are furnishc�d at by CONTRACTOR. And notify ENGINEER 4f their availability for examination. b. Advise ENGINEER and CONTRACTOR of Its superintendent requiring a Shop C�r2wlng of simple submission ,(the immediately or he commencement of artJ. Re -e- of Work. Re*r' lubm9slIdn hai, nn( b-ccriapproved by ENGINEER- "' 4'f0efrcrm-r W,.4, a. Ircror't7trrerr rind T'rxrr: tront in accordance wItit its, Cant Work in Procress to assist E.,4GINEER in defirmining if the Work is pro< ract Ck)cu"%c"tg and that completed Work *411 conform to I .b. RePO" to ENGINEER tu. . ne.,ver he b�dic*ts that any Wort is u4t2 he Contract Docurnent, conform to ff�t Contract 00cu"'Itt.. at dies not rntet the req Ite (ts(SCIOCY. faulty or detective or dc to b'-- made Of has been dimated prior, 10 &U, p2vmerit. U corrected Of rejected of should be * and advise EISGiNEFER when he Wiccs Work Tho uncovered for obs<rvatson. of requires IP"Ill teitinginsp"tion of approv3 c. venry that felts. equipment and system, Startup, an , required by the Contract Docunscrial and I" pres4ncc .4 OVerlitint and maintenance invructio;it are condue adequate r"Oftis Owr"(. 0( the required personnel. -and that CONTRACTa R Mae and startups. Ot"41"vc. record and re port 10 ENGINEER -appropriate details relative la the felt procc d. Accompany vilitin the otic® t inspector's " reprele". public of other agencies hivinCiun%dictien' Over the Project. r rne Q(th`C%4 insPecimni and rc;mn to ENGINEER. C Im by Nat' o4ugi Ott Pra"u""Al '3-'7 X Ts m w FREESE u0 Pti HOL5 111C. SC)IEOt7LE OF Ct1ARGES HtS':ELLA%4EOL'1j PROJECTS STAFF HE,48€RS• Salary Cost ;Times liultip`iier of Z3 $clary Cost is defined as t;se °ost of draftsmen, 4 0 salaries of engineers, technicians, steno ra hers surveYmen; clerks, lahoreri, etc., for time directly chargcaole to the project. Plus social security y carrtrihu'tions unemployment. camoensation 'insurance, retirement benefits. insurance benefits, sick ieavmedical and e, vacation and holiday pay applicable thereto. (Salary Casa is Currently equal This factor adjusted annually.) 1.39 times sal y payments. C'NER DIRECT EXPENS Actual Cost Times ►.ul tiplier of 1.15 Other direct exoenses snarl include communication grin-tine and reproduction expense, exoense. travel -transportation and suhsi stance assay from Austin ana ether mi scelmars ex ansa .. costs of laoarator a,-�a � directly related to Morx'. including Y yss. .. ,, and other work required to be done by independent persons or `agents Qther than staff memoers NETHOO OF P : NEUT Payable manoly as accrued.