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R-00-01-13-10C3 - 1/13/2000Mayor Robert A. Stluka, Jr. Mayor Pro-tem Martha A. Chavez Council Members Toni Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett, Jr City Attorney Stephan L Sheets CITY OF ROUND ROCK June 23, 2000 Mr. A. William Waeltz, P. E. Baker - Aicklen & Associates, Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Dear Mr. Waeltz: 221 East Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 00- 01- 13 -10C3 at their regularly scheduled meeting on January 13, 2000. This resolution approves the agreement for surveying services for a description of floodplain area on the Freeman parcel. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5555. Christine Martinez Assistant City Secretary Enclosures Fax: 512- 218 -7097 1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice www.ci.round- rock.tx.us RESOLVED this 13th day of Ja E LAND, City Secretary K:\ WPOOCS \RESOLUTI \R00113C3.WPD /sc RESOLUTION NO. R- 00- 01- 13 -10C3 WHEREAS, the City of Round Rock desires to retain professional surveying services for a description of floodplain area on the Freeman parcel, 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 professional surveying services for a description of floodplain area on the Freeman parcel, 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. RI= 'T A. STLUKA, J Y., Mayor City of Round Rock, Texas BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyors December 10, 1999 Proposal No. 99 -7026 PARKS AND RECREATION DEPARTMENT City of Round Rock 605 Palm Valley Boulevard Round Rock, Texas 78664 Attn: Sharon Prete, Director RE: Description of floodplain area on Freeman Parcel Dear Ms. Prete: We are pleased to submit our proposal for professional surveying services related to the above referenced project. Below is a more specific list of our proposed Scope of Services and Basis of Compensation.: SCOPE OF SERVICES A. Floodplain area on Freeman Parcel 1. Locate and establish the existing boundaries of the Freeman tract that would be required to establish the proposed floodplain area. 2. Stake on the ground, the limits of the 100 -year floodplain. This will be a stylized representation of the 100 -year floodplain, to minimize the number of points required being set. 3. Prepare a written description with sketch showing the area of land to be acquired by the City of Round Rock. CLARIFICATION The following items could be required, but are not included in the above - described Scope of Services: easement research, evaluation of a client supplied title commitment, location of improvements, preparation of a full -scale boundary plat document. All services mentioned are for one -time only. Any changes to the boundary will be provided as an additional service. Resolution of any conflicts or discrepancies found with the Freeman boundary would also be handled as an additional service. 203 E. Main St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Parks and Recreation Department Proposal # 99 -7026 Ms.Sharon Prete Page 2 BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on an hourly basis plus reimbursable expenses as listed below: A. Sub -plane area on Freeman Parcel $12,500.00 The hourly amount proposed above is based upon personnel time required to perform the described Scope of Services. Additional time requirement resulting from project scope changes or plan revisions beyond our control will be considered reasonable cause for us to seek additional compensation for services not included in these amounts. The estimated amount does not include sales tax, which is mandated by State law on certain types of surveys. The Firm's professional liability is limited to the total amount of compensation to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and return a copy of the letter proposal and agreement to our office for our files. We are prepared to commence work immediately upon your authorization Again, we thank you for this opportunity to submit this proposal. We appreciate your consideration of our firm and if you have any questions, please feel free to give me a call. Sincerely, Donald J. RPLS DJK/pd Enc. o \99sorveyprop \99- 7026pro,doc PROFESSIONAL SERVICES AGREEMENT CITY OF ROUND ROCK , as CLIENT engages Baker- Aicklen & Associates, Inc. as SURVEYOR to perform professional services for the assignment described as follows: Preparation of lloodplaln description on Freeman Tract. See attached letter proposal No. 99 -7026 dated December 10, 1999. 1. SERVICES: SURVEYOR agrees to perform Basic Services and Additional Services in conformance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: See attached letter proposal No. 99 -7026 dated December 10,1999. B. SPECIAL SERVICES: All work performed by SURVEYOR which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Special Services. These shall include: 1. Travel and subsistence to points other than SURVEYOR'S or CLIENTS offices and project site. 2. Copies of final reports, studies, drawings and other data in excess of one (1) set. 3. Revisions to approved reports, studies, drawings and other data. 4. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Surveying practice. II. COMPENSATION: CLIENT agrees to pay SURVEYOR for above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be on an hourly basis of 112,500.00 and reimbursable expenses. B. ADDITIONAL SERVICES: SURVEYOR'S compensation will be on an hourly -charge basis for personal services (defined below) plus Reimbursable Expenses (defined below): 1. HOURLY CHARGE: Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing. The current Standard Rate Schedule effective August 1, 1998, is attached. 2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and subsistence, cost of SURVEYOR'S field office, reproduction, subcontracts and similar items. Such expenses shall be reimbursed at the following rates: a. Transportation by SURVEYOR'S vehicles: at SURVEYOR'S standard rates if destination exceeds a 50 -mile radius of SURVEYOR'S office. b. Reproduction performed in SURVEYOR'S office: at prevailing commercial rates. c. All others: actual cost to SURVEYOR plus 10% service charge. III. PAYMENTS: SURVEYOR will invoice CLIENT semi - monthly in amounts based on SURVEYOR'S estimate of the portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay SURVEYOR at his office in Travis County, Texas, the full amount of each such invoice upon receipt A charge of 1.5% per month may be added to the unpaid balance of invoices not paid within 30 days after date of invoice. If the invoice is not paid within 60 days, SURVEYOR may, without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the services. Retainers shall be credited on the final invoice. IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, CAD files, estimates, specifications, field notes and data are and shall remain the property of SURVEYOR; however, Client will be furnished, upon request duplicate copies of original drawings, CAD files and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. V. INSURANCE: SURVEYOR agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. SURVEYOR also agrees to maintain public liability insurance covering claims against SURVEYOR for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this Agreement. VI. LIABILITY LIMITATION: SURVEYOR shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skill in performing the services for the assignment covered by this Agreement. In no event shall SURVEYOR'S liability exceed amount of the total compensation received by SURVEYOR under this Agreement, limited to a maximum of $50,000. VII. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the SURVEYOR agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise, The CLIENT and the SURVEYOR further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabncators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. VIII. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of SURVEYOR'S services either by CLIENT or by SURVEYOR, upon seven days written notice to the other at the address of record. Termination shall release each party from all obligations of this Agreement, except as specified in paragraph VIII.B below. B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either CLIENT or SURVEYOR, CLIENT shall pay SURVEYOR with respect to Basic Surveying Services which have been completed an amount fixed by applying the rate specified for Special Services in paragraph II. B to all Basic Services performed to the date of termination, plus an amount fixed by applying the rate specified in paragraph II. B to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). IX. SUCCESSORS AND ASSIGNS: CLIENT and SURVEYOR each binds himself, and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement Neither CLIENT nor SURVEYOR shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than CLIENT and SURVEYOR. X. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and SURVEYOR, except as additionally stated below: Attached letter proposal No. 99 -7026 dated December 10, 1999 forms a part of this agreement, as well as attached Standard Rate Schedule that may change without notice in consideration of changes in price indices and pay scales applicable to the period when services are in fact being rendered. XI. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date tendered, it shall become invalid unless SURVEYOR extends the time in writing. XII. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this Agreement on behalf of SURVEYOR other than one of its Officers, and then only in writing signed by him, Date: l /3 00 Date: /05/9 By: BAKER - AICKLEN . ASSOCIATES, INC. Ai r OFFICE PERSONNEL SERVICES 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 Classification Rates Project Surveyor /Planner $100.00 per hour Staff Surveyor $85.00 per hour Project Surveyor $80.00 per hour Project Designer /Coordinator $70.00 per hour Staff Surveyor / Surveyoring Assistant/GPS Processor $65.00 per hour Senior Surveyoring /Surveying CAD Technician/Designer $55.00 per hour Surveyoring /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 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 8 Associates, Inc. Engineers /Surveyors DATE: January 7, 2000 SUBJECT: City Council Meeting - January 13, 2000 ITEM: 10.C.3. Consider a resolution authorizing the Mayor to execute a contract with Baker - Aicklen & Associates for survey work on the Freeman Property. Approximately 46 acres along Brushy Creek will be donated to the City of Round Rock for park purposes. The cost of the survey work is $12,000. Staff Resource Person: Sharon Prete, Parks and Recreation Director.