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R-01-04-26-14D1 - 4/26/2001WHEREAS, the City of Round Rock desires to retain professional surveying services for a land title survey for a 19.2 acre portion of the Illinois and Great Northern Railroad Company Tract, 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 surveying services for a land title survey for a 19.2 acre portion of the Illinois and Great Northern Railroad Company Tract, 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 26th day of Ap r E LAND, City Secretary OAUPDOCS \RRSOLUTI \R1042601.WPD/sc RESOLUTION NO. R- 01- 04- 26 -14D1 �►1. I AA RO:_ A. S LUKA, , Mayor City of Round Rock, Texas BAKER- AICKLEN & ASSOCIATES, INC. Engineers /Surveyors April 10, 2001 Proposal #01 -7066 City of Round Rock c/o Steve Sheets Brown, McCarroll, Sheets & Crossfield 309 E. Main' Street Round Rock, TX 78664 RE: Proposal for Professional Surveying Services Land Title Survey for a 19.2 Acre Portion of The Illinois and Great Northern Railroad Company Tract Round Rock, Texas Dear Mr.Sheets: We are pleased to submit our proposal for professional surveying services related to the above referenced project. Basically, our proposal is to perform a Land Title Survey. . Land Title Survey: SCOPE OF SERVICES (512) 255-8986 1. Review current subject and adjoining deed and plat records. 2. Review information including easement documents as addressed in the client's supplied Title corrmiitrnent. 3. Locate property corners and indication of property lines. 4. Locate all visible above ground utility lines. 5. Locate all visible improvements on the tract. 6. Survey will address visible conflicts and discrepancies with current deeds /plats, visible encroachments on or off subject property or easements, and easements and title issues visible on the ground. 7. Provide certified blueline copies of the survey plat to client and other involved parties to include attached metes and bounds description on the plat if possible and on separate 8 %2" x 14" legal paper. • 8. Survey will be certified to ALTA Standards including Table A Items 1, 2, 3, 4, 7(a), 8, 10, 11(a), 13 and 14. 203 E. Main St., Suite 201 • Round Rock, Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 City of Round Rock. c/o Brown, McCarroll, Sheets & Crossfield April 10, 2001 CLARIFICATIONS BASIS OF COMPENSATION Land Title Survey $10,300.00 Proposal #01 -7066 Page 2 1. Assisting client in resolution of boundary conflicts identified during the course of the survey will be handled as an additional service. 2. This Scope of Services is based on the railroad company supplying information about their boundary and lease descriptions parcels they have sold.. We propose to provide the above - described Scope of Services on an hourly basis plus reimbursable expenses as listed below: The fee amounts proposed above are not be considered maximums, and are based on personnel time required to perform the described Scope of Services. We agree to perform the services as detailed. Additional time requirements resulting from project scope changes or plan revisions beyond our control which cause work to be redone will be considered reasonable cause for us to seek additional compensation for services not included in these amount. Such services may be compensated for on an hourly- charge basis in accordance with the attached hourly rate schedule, at a mutually agreed -to lump sum amount, or as provided for in the Professional Services Agreement. Not included in the above fees is sales tax, which is mandated by State law on certain types of surveys. The firm's professional liability is limited to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and return a copy to our office. The estimated completion date is two weeks from receipt of the executed agreement. Thank for the opportunity to submit this proposal. We appreciate your consideration of our firm in this regard and look forward to being of service to you. Sincerely, Donald J. Kirb R.P.L.S. • Survey Manager DJK:nsd O• \01- survcyprop\01- 7066pro.doc PRC SSIONAL SERVICES AGR VIENT City of Round Rock as CLIENT engages Baker- Aicklen & Associates, Inc as SURVEYOR to perform professional services for the assignment described as follows: Land Title Survey fora 19.2 Acre Portion of The Illinois and Great Northern Railroad Company Tract , Round Rcok, Texas. See attached letter proposal No. 01 -7066 dated April 10, 2001. I. 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. 01 -7066 dated April 10, 2001. B. ADDITIONAL SERVICES All work performed by SURVEYOR which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional 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 or that specified 3. Revisions to approved reports, studies, drawings and other data. 4. Other sernces not otherwise included in this Agreement or not customanly fumished in accordance with generally accepted engineering 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 plus reimbursables basis in accordance with the attached proposal B. ADDITIONAL SERVICES: SURVEYOR'S compensation will be on an hourly - charge basis for personnel services plus Reimbursable Expenses (defined below). I. HOURLY CHARGE: Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing 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 l0% 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 rhoryes f r Sper'al 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 nght 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 onginal 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. OPINION OF PROBABLE CONSTRUCTION COST: Opinion of probable construction cost prepared by the SURVEYOR represents his reasonable skill as a design professional familiar with the construction industry. It is recognized, however, that the SURVEYOR has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions Accordingly, the SURVEYOR cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. VI 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 ansing in the course of services performed under this Agreement. VII 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. VIII. DISPUTE RESOLUTION. In an effort to resolve any conflicts that anse 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 fabricators so retained, thereby providing for mediation as the pnmary method for dispute resolution between the parties to those agreements IX. 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 Engineenng Services which have been completed tin amount fixed by applying the rate specified for Special Services in paragraph I1 B to all Basic Services performed to the date of termination, plus an amount fixed by applying the rate specified in paragraph 11. B to all Additional Services performed to date of termination ( including all Reimbursable Expenses incurred). X. 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 m respect to all covenants of this Agreement. Neither CLIENT nor SURVEYOR shall assign, sublet, or transfer his interest in this Agreement without the wntten consent of the other. Nothing herein shall be construed as giving any nghis or benefits hereunder to anyone other than CLIENT and SURVEYOR XI SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and SURVEYOR. except as additionally stated below: Attached letter proposal No. 01 -7066 dated April 10, 2001 forms a part of this agreement. as well as attached Standard Rate Schedule that may change without notice in consideration of changes in puce indices and pay scales applicable to the penod when services are in fact being rendered. XII. 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 m writing. XIII. MODIFICATIONS No one has authonty to make variations in. or additions to the terms of this Agreement on behalf of SURVEYOR other than one of its Officers, and then o, • wTntmg signed b r him. By % Printed Name. 0 , / C7,, U � /��[/// A /7 - /7211 ..4 cJ i i Date' (g10 By: Printed Name: Date BAKER-AICKIi A William Wacltz, 00, BRadih Manager S- HRLY -01 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 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. In Baker- Alcklen � & Associates, Inc. 1_1 Eng nears /Surveyors v STANDARD RATE SCHEDULE `l (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) 5120.00 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) 5 0.35 per mile By Firm's Survey Trucks (Notes 1, 2, 345c 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 - 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. paker- Alcklen a Assoctatee, Inc. En9meRrf %Surveyors ...V-.7,_:____,--. '..-'•-• V 4 .4 1. DATE: April 20, 2001 SUBJECT: City Council Meeting — April 26, 2001 ITEM: * 14.D.1. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Baker Aicklen & Associates, Inc., for professional surveying services for a land title survey for a 19.2 acre portion of the Illinois and Great Northern Railroad Company Tract. Resource: Steve Sheets, City Attorney History: Council has authorized staff to negotiate for the purchase of this property from Union Pacific Railroad. Funding: Cost: $10,300.00 Source of funds: Self- financed General Construction Outside Resources: Baker - Aicklen & Associates, Inc. Impact: N/A Benefit: Survey of property Public Comment: N/A Sponsor: N/A