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R-00-12-14-13D1 - 12/14/2000RESOLUTION NO. R- 00- 12- 14 -13D1 WHEREAS, the City of Round Rock desires to retain professional engineering services for a Master Utility Plan Supplement for northeast Round Rock, and WHEREAS, Baker - Aicklen & Associates, Inc. has submitted a Professional Services 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 a Professional Services Agreement with Baker- Aicklen & Associates, Inc., for professional engineering services for a Master Utility Plan Supplement for northeast Round Rock, 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 14th day of Dec JO.1NE LAND, City Secretary R:\ WPDOCS \RESOLUTI \R01214171.WPD / 2000. ROOT A. STLUKA, 1 ., Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON Contract No. THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Baker - Aicklen & Assoc.. Inc., having its principal business address at 203 East Main Street, Ste. 301. Round Rock. TX 78664, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Provide for the evaluation of future water and wastewater needs for a portion of the northeast quadrant of the City of Round Rock's Extra Territorial Jurisdiction (ETJ). The area of study (approximately 13,200 acres) will be bounded on the west by the McNutt Creek Basin/CR 122. on the east by the unnamed drainage basin annroximately 200 feet east of future SH 130. on the north by the upper reaches of the respective basins, and on the south by U.S. Hwy. 79. engcontrc.wpd/speetw AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. Page 1 of 13 ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on July 1, 2001 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the hourly not to exceed amount shown below as full compensation for the engineering services to be performed under this Contract. The hourly not to exceed payable under this Contract without modification of the Contract is $53,400. as shown in Attachment D - Fee Schedule. The total amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained eogcontrc.wpd/spectw Page 2 of 13 as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount eamed to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant Page 3 of 13 impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. eoa.s,eetw ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the Page 4 of 13 City. No additional compensation shall be paid for this work. The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has fumished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. engcoelre.wpd/spect, ARTICLE 11 SUPPLEMENTAL AGREEMENTS ARTICLE 12 OWNERSHIP OF DOCUMENTS Page 5of13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. engconnc.wpd/spectw No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK Page 6of13 ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. engcoarc.wpd/spectw ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the Page 7of13 time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. engeoorce.wydiy«nV Page 8 of 13 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall famish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. en gcontrc.wpdispectw Page 9 of 13 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. engoontrc.wpd/spectw Page l0 of 13 eogcontrc.wpd/spectw City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: Page 11 of 13 Engineer: Baker - Aicklen & Assoc., Inc. Attn.: A. William Waeltz, P.E. 203 E. Main Street, Ste. 201 Round Rock, TX 78664 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. THE ENGINEER By: d Signature lkhr.L-i4', PE. nted Name Title -/ /z/5//o0 Date LIST OF ATTACHMENTS mgconlmmWspecOm ert Stluka, Mayor ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 12 of 13 1. Complete copy of the Master Transportation Plan as well as any land use assumptions previously made in the general study area. ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER 1. Assemble and review all pertinent information. It is assumed for the purpose of this proposal that electronic copies of the maps included in the City of Round Rock Master Transportation Plan as well as electronic copies of City of Round Rock topographic surveys will be made available to us by the City of Round Rock. 2. Utilizing land use assumptions made for the Master Transportation Plan and supplemented as required by information from the Department of Planning and Community Development, prepare an overall land use assumption plan for the study area. 3. Utilizing the land use plan above and criteria outlined in the previous City of Round Rock Master Water and Wastewater Study, (1986), establish anticipated future water and wastewater demands for the study area. 4. Evaluate and make preliminary recommendations concerning line sizing and potential routing of possible future water distribution scenarios. 5. Evaluate and make preliminary recommendations conceming line sizing and potential routing of future wastewater collection scenarios. 6. Evaluate and make preliminary recommendations concerning wastewater pump stations and/or major interceptor construction to provide connection to existing wastewater treatment facilities. 7. Meet with City of Round Rock staff to discuss preliminary findings and recommendations. 8. Utilizing information gathered above and preliminary City comments, prepare a written report with appropriate exhibits and submit to the City of Round Rock for review. 9. Address City of Round Rock comments and finalize report. 10. Supply ten (10) copies of final report to City of Round Rock. Additional copies may be furnished subject to reproduction rates as shown on the attached Standard Rate Sheet. cngcontre.wpd/spectw The following Work Schedule is offered for the Scope of Services. Should changes to the design, adverse weather conditions, or unforeseen events arise, the Work Schedule will need to be adjusted accordingly. ATTACHMENT C WORK SCHEDULE Assemble available information 2 Weeks Preliminary findings to C.O.R.R. 4 Weeks Address City comments and finalize report 2 Weeks Total 8 Weeks ATTACHMENT D FEE SCHEDULE We propose to provide the before described Scope of Services on an hourly basis at the rates shown on the following page, with a budget amount of $53,400.00. This amount will not be exceeded without additional authorization from the City of Round Rock. All reimbursables will be billed at cost plus 10 %. engcontre.wpdispectw STANDARD RATE SCHEDULE (Labor Rate Table 35) Effective September, 2000, 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 /Surveyor/Planner $110.00 per hour Staff Engineer /Surveyor/Planner $95.00 per hour Project Designer /Coordinator $85.00 per hour Engineering Assistant/Surveying Assistant/GPS Processor $70.00 per hour Senior Engineering/Surveying CAD Technician $60.00 per hour Engineering/Surveying CAD Technician/Field Representative $55.00 per hour CAD Draftsman $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 Ra es 1 -Man Field Party $70.00 per hour 2 -Man Field Party $95.00 per hour 3 -Man Field Party $120.00 per hour 4 -Man Field Party $145.00 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. engcontrc.wpd/spectw 13 Baker- Aicklen � & Associates, inc. Engineers /surveyors DATE: December 8, 2000 SUBJECT: City Council Meeting — December 14, 2000 ITEM: 13.D.1. Consider a resolution authorizing the Mayor to execute an agreement with Baker-Aicklen & Associates, Inc. to update the Water/Wastewater Master Plan for the northeast section of the City. The Northeast quadrant of Round Rock (FM 1460 on the west, US 79 on the South, and Hutto's ETJ on the east) is attracting development interest. This study would update the utility infrastructure plan for that area. Resource: Jim Nuse, Public Works Director History: The Northeast quadrant of Round Rock (FM 1460 on west, US 79 on South, Hutto ETJ on east) is attracting development interest. This study would update the utility infrastructure plan for that area. Funding: Cost: $53,400 Source of funds: Utility CIP Outside Resources: Baker - Aicklen & Associates, Inc. Benefit: This will help ensure an orderly extension of the utilities. This study is in conjunction with the Road Impact Fee Study. Public Comment: Several of the property owners in the area are aware of this request. BAKER- AICKLEN A ASSOCIATES, INC. E nglneere /Su rveyore October 31, 2000 Proposal # 00 -5163 Mr. James R. Nuse, P.E. Director of Public Works City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 RE: Proposal for Professional Services, Northeast Round Rock Master Utility Plan Supplement Dear Jim: We are pleased to submit our proposal for professional services related to the above referenced project. Basically our proposal provides for the evaluation of future water and wastewater needs for a portion of the northeast quadrant of the City of Round Rock's Extra Territorial Jurisdiction (ETJ). The area of study (approximately 13,200 acres ) will be bounded on the west by the McNutt Creek Basin/CR 122, on the east by the unnamed drainage basin approximately 200 feet east of future SH 130, on the north by the upper reaches of the respective basins, and on the south by U. S. Hwy. 79. Below is a more specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Assemble and review all pertinent information. It is assumed for the purpose of this proposal that electronic copies of the maps included in the City of Round Rock Master Transportation Plan as well as electronic copies of City of Round Rock topographic surveys will be made available to us by the City of Round Rock. 2. Utilizing land use assumptions made for the Master Transportation Plan and supplemented as required by information from the Department of Planning and Community Development, prepare an overall land use assumption plan for the study area. 3. Utilizing the land use plan above and criteria outlined in the previous City of Round Rock Master Water and Wastewater Study, (1986), establish anticipated future water and wastewater demands for the study area. 203 E. Main St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 City of Round Rock Proposal # 00 -5163 October 31, 2000 Page 2 4. Evaluate and make preliminary recommendations concerning line sizing and potential routing of possible future water distribution scenarios. 5. Evaluate and make preliminary recommendations concerning line sizing and potential routing of future wastewater collection scenarios. 6. Evaluate and make preliminary recommendations concerning wastewater pump stations and/or major interceptor construction to provide connection to existing wastewater treatment facilities. 7. Meet with City of Round Rock staff to discuss preliminary findings and recommendations. 8. Utilizing information gathered above and preliminary City comments, prepare a written report with appropriate exhibits and submit to the City of Round Rock for review. 9. Address City of Round Rock comments and finalize report. 10. Supply ten (10) copies of final report to City of Round Rock. Additional copies may be furnished subject to reproduction rates as shown on the attached Standard Rate Sheet. BASIS OF COMPENSATION Due to the uncertainty of the services involved, we propose to provide the above - described Scope of Services on a hourly- charge plus reimbursable expense basis. The hourly rate will be in accordance with the attached standard rate sheet. Our estimation of the cost for the work is $53,400.00 This estimated amount will not be considered a maximum; however, we will agree not to exceed the total estimated amount without prior authorization. You will be advised as to the status of our charges and budget. Should it appear that these estimated amounts will be exceeded, subsequent request for additional authorization will be made in advance. Not included in the above estimates are the following: structural design (walls over 3 feet in height); geotechnical and testing lab services; trench safety design, landscape plans and T.I.A. reports, if required; and fees charged by City. 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. City of Round Rock October 31, 2000 If this proposal is acceptable, please endorse the enclosed agreement and return a copy to our office for our files. We are prepared to commence work upon your authorization. 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. Sincerejy, . William Waeltz, P. E. Branch Manager Round Rock AWW/vmb o: \OOengineerpro\00- 5163pro.doc Proposal # 00 -5163 Page 3 PROFESSIONAL SERVICES AGREEMENT City of Round Rock, as CLIENT engages Baker- Aicklen & Associates, Inc. as ENGINEER to perform professional services for the assignment described as follows: Master Utility Plan Supplement located in Northeast Round Rock, TX. See attached letter proposal No. 00 -5163 dated October 31, 2000. I. SERVICES: ENGINEER 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. 00 -5163 dated October 31, 2000. B. SPECIAL SERVICES: All work performed by ENGINEER 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 ENGINEERS or CLIENT'S 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 engineering practice. 11. COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be on an hourly basis with a budget of $53,400.00 plus reimbursable nopeoses. B. ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly- charge basis for personal services (defined below) plus Reimbursable Expenses (defined below): L 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 September, 2000, is attached. 2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and subsistence, cost of ENGINEER'S field office, reproduction, subcontracts and similar items. Such expenses shall be reimbursed at the following rates: a. Transportation by ENGINEER'S vehicles: at ENGINEER'S standard rates if destination exceeds a 50 -mile radius of ENGINEER'S office. b. Reproduction performed in ENGINEER'S office: at prevailing commercial rates. c. All others: actual cost to ENGINEER plus 10% service charge. III. PAYMENTS: ENGINEER will invoice CLIENT semi- monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay ENGINEER 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, ENGINEER 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 fmal invoice. lV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, CAD files, estimates, specifications, field notes and data are and shall remain the property of ENGINEER; 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: ENGINEER agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER 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: ENGINEER 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 ENGINEER'S liability exceed amount of the total compensation received by ENGINEER 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 ENGINEER 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 ENGINEER 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 fabricators 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 ENGINEER'S services either by CLIENT or by ENGINEER, 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 ENGINEER, CLIENT shall pay ENGINEER with respect to Basic Engineering 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 temination (including all Reimbursable Expenses incurred). IX. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER 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 ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights m benefits hereunder to anyone other than CLIENT and ENGINEER X. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No. 00-5163 dated October 31, 2000 forms apart 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 ENGINEER extends the time in writing. XII. MODIFICATIONS: No one has authority to make variations in, or additions to the temms of this Agreement on behalf of ENGINEER other than one of it Officers, and then only in writing signed by him. By: Title and Printed Name Date: Date: / - 51-e0 OFFICE PERSONNEL SERVICES STANDARD RATE SCHEDULE (Labor Rate Table 35) Effective September, 2000, 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 Engineer /Surveyor/Planner $110.00 per hour Staff Engineer /Surveyor/Planner $95.00 per hour Project Designer /Coordinator $85.00 per hour Engineering Assistant/Surveying Assistant/GPS Processor $70.00 per hour Senior Engineering/Surveying CAD Technician $60.00 per hour Engineering/Surveying CAD Technician/Field Representative $55.00 per hour CAD Draftsman $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 $70.00 per hour 2 -Man Field Party $95.00 per hour 3 -Man Field Party $120.00 per hour 4 -Man Field Party $145.00 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- Aleklen 8 Asaoclatae, Inc Engineers/Surveyors . iiiOS f f Mayor Robert A Stloka. Jr. Mayor Pro-tem &,4M. Hairston Cmmdl Members Tom Nielson Carrie Pia Earl Palmer Isabel Callahan Jimmy Joseph City Manager Robert L. Bennett. Jr. d9ty Attorney Stephan L Sheets CITY OF ROUND ROCK April 30, 2001 Mr. Bill Waeltz, P.E. Baker - Aicklen & Associates, Inc. 203 E. Main St., Suite 201 Round Rock, TX 78664 Dear eltz: The Round Rock City Council approved Resolution No. R- 00- 12- 14 -13D1 at their regularly scheduled meeting on December 14, 2000. This resolution approves the contract for the Master Utility Plan Supplement for northeast Round Rock. Enclosed is a copy of the resolution and original contract for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218 -5555. Sincerely, oanne Land Assistant City Manager/ City Secretary Enclosure Fax: 512 -218 -7097 1- 800 - 735 -2989 TDD 1. 800. 735 -2988 Voice wvrw.ci.ro,md- mck.Ix.us 221 East Main Street Round Rock. Terns 78664 512 -218 -5400