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R-03-02-13-13D9 - 2/13/2003Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets PURPOSE. PASSION. PROSPERITY. March 3, 2003 Mr. Bill Waeltz, P.E. Baker - Aicklen & Associates, Inc. 203 E. Main Street, Suite 201 Round Rock, TX 78664 Dear Mr. Waeltz: The Round Rock City Council approved Resolution No. R- 03- 02 -13- 13D9 at their regularly scheduled meeting on February 13, 2003. This resolution approves the agreement for topographic survey and platting of the Lake Creek Week Site and the future PARD. Enclosed is a copy of the resolution and original change order for your files. If you have any questions, please do not hesitate to contact James Hemenes at 341 -3345. Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept , 221 East Main Street • Round Rock, Texas 78664 Phone 512 2,8.5400 • Fax: 512.218.7097 • www.ci round -rock tx us RESOLUTION NO. R- 03- 02- 13 -13D9 WHEREAS, the City of Round Rock desires to retain engineering services for topographic survey and platting of the Lake Creek Well Site and the future PARD Yardsite, 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 topographic survey and platting of the Lake Creek Well Site and the future PARD Yardsite, a copy of said agreement being attached hereto as Exhibit "A" 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. RESOLVED this 13th day of February 200 AT. T: City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary, Oi \,d0% \RRSOLVLI \R3011309.WP0/cc LA BAKER- AICKLEN & ASSOCIATES. INC. Engineers /Surveyors December 19, 2002 Ms. Alysha Girard City of Round Rock Public Works Department 2008 Enterprise Drive Round Rock, TX 78664 RE: Proposal for Professional Engineering and Surveying Services Limited Topographic Survey and Subdivision Platting on Approximately 17.69 Acres Well Site Tract, Round Rock, TX Dear Ms. Girard: II. Preliminary Plat SCOPE OF SERVICES Proposal # 02 -5100 We are pleased to submit our proposal for professional surveying and engineering services related to the above referenced project. Basically our proposal is to provide a Limited Topographic Survey that will be used to produce a Preliminary and Final Subdivision Plat for the subject property. Below is a more specific list of our proposed Scope of Services and Basis of Compensation. I. Limited Topographic Survey (Limited to area of recent construction) 1. Locate all planimetrics within area of previous construction. 2. Obtain sufficient ground elevations to prepare a one -foot interval contour map. 3. Locate all visible indications of utilities. 4. Prepare a drawing showing the results of the survey. 5. Utilize existing City of Round Rock aerial topographic maps for remainder of site. 1. Coordinate with water, electric, gas and telephone companies. 2. Interface with adjacent property owners and engineers, if appropriate. 3. Attend necessary meetings with local officials and utility companies. 4. Prepare schematic plans of water, wastewater and drainage. 5. Utilizing City of Round Rock aerial topography as supplemented above, prepare and submit preliminary plat in accordance with the City of Round Rock Preliminary Plat checklist. 6. Coordinate with City with the objective of securing approval of preliminary plat. 203 E. Main St., Suite 201 • Round Rock, Texas 78664 .1 Fumish copies of approved preliminary plat. EXHIBIT n An '12/24 7. - 4 9620 • FAX 512/244-9623 Ms. Alysha Girard, City of Round Rock ' December 19, 2002 III. Final Plat (2 Lots) Proposal # 02 -5100 Page 2 1. Use previously prepared boundary survey data to establish the boundary of subdivided parcel. 2. Verify location and nature of easements. 3. Coordinate with Client to refine lot configurations and roadway. 4. Prepare and submit subdivision plat with necessary certifications and notes in accordance with the City of Round Rock Final Plat checklist. 5. Coordinate with local offices during review process. 6. Respond to review comments. 7. Coordinate Client submission of tax certificates, letters of credit and fees, as appropriate. 8. Coordinate with local officials to secure approval. 9. Survey lot corners (stake and flag) on a one -time basis. 10. Coordinate recording of final plat including: A. Engineers opinion of probable cost for fiscal guarantees. B. Secure affidavits, fees and reproduction costs. CLARIFICATIONS 1. All fees to be paid by client. 2. Easement research is not included in this scope. 3. Client to provide copies of most recent deeds and Title Commitment. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis plus reimbursable expenses and applicable tax as listed below: L Limited Topographic Survey II. Preliminary Plat III. Final Plat (2 lots) A. Preparation B. Processing $ 2,200.00 plus tax $ 4,370.00 $ 2,630.00 plus tax $ 1,500.00 TOTAL $10,700.00 plus tax The fee amounts proposed above 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 Ms. Alysha Girard, City of Round Rock Proposal # 02 -5100 December 19, 2002 Page 3 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. Refer to "Exclusions" on back of Professional Services Agreement for tasks not included in the above Scope of Work or fees. 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 total compensation under this agreement to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and return a copy to our office. We are prepared to commence work immediately 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 being of service to you. Sincer y, . William Waeltz, P.E. Branch Manager AWW/vmb Enc. o:\Eng prop 02\02- 5100pro doc 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. OFFICE PERSONNEL SERVICES DIRECT LABOR Classification Rates Project Engineer /Surveyor/Planner $110.00 per hour Staff Engineer /Surveyor/Planner $95.00 per hour GIS Project Manager $90.00 per hour Project Designer /Coordinator $85.00 per hour Engineering Assistant/Surveying Assistant/GPS Processor $70.00 per hour GIS Analyst $65.00 per hour Senior Engineering/Surveying CAD Technician $60.00 per hour Engineering/Surveying CAD Technician/Field Representative $55.00 per hour GIS Technician $45.00 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 under the Professional Services Agreement to a maximum of $50,000. BAKER- AICKLEN 6 ASSOCIATES. INC ENGINEERS /SNRVETGRS • E-LS -0 l 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: Civil Engineering and Surveying Services for a 17.69 acre well site tract in Round Rock, TX. See attached proposal letter No. 02 -5100 dated December 19, 2002. 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. 02 -5100 dated December 19, 2002. B ADDITIONAL SERVICES" All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Additional Services These shall include: I. Travel and subsistence to points other than ENGINEERS or CLIENTS offices and project site 2. Copies of final reports, studies, drawings and other data in excess of one (I) set or that specified. 3. Revisions to approved reports, studies, drawings and other data 4. Other services not otherwise included m this Agreement or not customanly furnished in accordance with generally accepted engineenng practice. • II. 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 a lump -sum plus rcimbursables basis and tax for 510,700.00. B. ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly- charge basis for personnel services 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. 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 shalt be reimbursed at the following rates: a. Transportation by ENGINEERS 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. 111. PAYMENTS: ENGINEER will invoice CLIENT semi - monody 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 once in Williamson County, Texas, the full amount of each such invoice upon receipt A charge of 1.5 %per month maybe 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 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 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. OPINION OF PROBABLE CONSTRUCTION COST: Opinion of probable construction cost prepared by the ENGINEER represents his reasonable stall as a design professional familiar with the construction industry It is recognized, however, that the ENGINEER 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 ENGINEER cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. VI. INSURANCE: ENGINEER agrees to maintain worker's compensation insurance to coverall 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 VII. 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 professional liability exceed amount of the total compensation received by ENGINEER under this Agreement, limited to a maximum of 550,000. VIII. DISPUTE RESOLUTION: In an effort to resolve any conflicts that anse dunng 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. IX. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEERS 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 VIILB 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 IL 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). X. 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 or benefits hereunder to anyone other than CLIENT and ENGINEER. XI. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No. 02 -5100 dated December 19, 2002 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. XII. 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 XIII MODIFICATIONS: No one has authority to make variations in, or additions to the tears of this Agreement on behalf of ENGINEER other than one of its Officers, and then only in writing signed by him. BAKER -AIC By: BY Printed Name: Printed Name: A. William Waeltz, P. E. Date: Date: December 19, 2002 SSOCIA'I,S%INC. EXCLUSIONS The present scope of work and fee does not include the following items of work: • Water quality basin design • Stormwater detention pond design • Electrical engineering • Gas & electrical services • Site lighting design • Project phasing • Off-site surveys and designs of any nature • Construction cost estimating • Traffic Impact Analysis • Cut and fill calculations • Work in conjunction with compatibility standards and ordinances • Environmental studies • Archaeological studies • Structural engineering (walls over 3 feet in height) • Landscape and irrigation system designs • Floodplain studies or determinations • Geotechnical and testing lab services • Water system modeling • Profiling of any utility in the Site Plan Permit • Surveys of any nature except as specified • Trench safety design • Zoning services • Water meter sizing • Construction staking • Construction phase services, except as specified • Environmental assessments • Preparation of easement documents • Preparation and processing of waivers, variances or exceptions • Addressing TDLR project review comments • Redesign work caused by others • Assembly and recording of legal documents • Bidding, contract preparation, and contract administration services • Traffic Control Plans • NPDES permitting services • Representation at public meetings • Governmental fees & fiscal • Gap or vacancy resolution • Water Pollution Abatement Plan • Sewage Collection System Plan • Contributing Zone Plan NOTE: 1. Please be aware that a National Pollutant Discharge Elimination System (N.P.D.E.S.) and the Stormwater Pollution Prevention Plan permit is required for construction activities (site disturbances) of one (1) acre and greater. However, because the responsibilities of implementing these permit requirements falls on the Contractor, which is still to be determined, and the Owners, this service cannot be initiated at this time. An Environmental Assessment will be necessary to complete the S.W.P.P.P. forms. 2. Pursuant to State law, a single (total and complete) project submittal to the Texas Department of Licensing and Regulation (TDLR) is required for review of the standards established by the Texas Accessibility Standards (TAS) of the Architectural Barriers Act. If appropriate, Baker - Aicklen will provide the project Architect a set of reproducibles, upon the Architect's request, for the project submittal to TDLR. The Project Architect or Owner is hereby responsible for the statutory submittal to TDLR. 02/08/2003 14:03 FAX 5122185583 62/6(;/2e63 THU 00 17 FAX 12 439 23 669 CERTIFICATE OF LIABILITY INSURANCE PRODUCER USX Xnseranco Services of Texas 1946 S 11115, Suite 301 Auatin, 77 78701 INSURED Baker- Aicklea & Associates 203 E. Main Street. Suite 201 Round Rock. TX 78664 GENSRALLTABILrrY AVTOMORMS LtAnTur EXCESS 1/ABILITY WORKERS compliNSATION AND EMPLOYERS. LIABILITY IsP-SCieurrtorr OP oPPRATIONs d.oc.11CN9lvEhucLestSPEcrAL Y1 'EMS/PXCEPrioN8 I2mie d Tepe6raphe Sorter L Sob Dividers Deities- 17.69 Weil Rix Tract, Rmm4 Pock Ca: of MMaurpraf2- 5412.dee CORR PUBLIC WORKS i SHEETS Baker- Aicklen /RR USI INSURANCE AUSTIN Date: 02/06/0.3 COMPANIES APFORDLNG COVERAGE A Security Ieanreaces Co. or C D THIS IS TO 03IRTIPY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter doscxalled, for the types of insurance and In accordance with the provision of the standard policies used by the companies, and outlier hereinafter desetibcd. Exceptioaa to the policies ate noted below. CO TYPE OH' INSURANCE POLICY' EFFECTIVE EXPIRMON Wars LTR NIThiBER DATE DATE GENERAL AGGREGATE 8 PRObUc1'Sr AGO. i PERSONAL & ADV./soupy 7 EACH OCQIRRS3NCP a PIRE 10IAMAOE (Airy one fire) S MD. SRPSP(s6 WAY sec Padonn COIidB2NBD SINGLE mar S SODLLY /MIRY wee person) S BODILY EM MY (Put =WOO 3 PROPERTY DAMAGE S EACH OCCURRENCE S AGDREGA,TH 4 STATUTORY LIMITS 9 EACH ACCIDENT DISEASE. POLICY t.4ffr 9 PiSIASd - EACH EMFLOYES $ A PROFESSIONAL LIAHE.ffY ASE 0717056 5/21/02 5/2UO3 $1,000,000/ CLAIM 91,000,000 /AGG»BoATE SIGMA NUTLIO REPRtsANrATivB SUL ur u omcrsoa The City of Road Rock Is named as additional imared with respect to all policies estop; Workers• Coruponsatloa and Hewleym• Lbw). red Frofesrionai LIabflty. Should eor of rho above describer polities be eraweded or changed Wore the emisatlon dam Iturmf. the Wilke Wilke company vine mail thirty (30) days wcittea wiles to the certtn aare bolder =rued below. CERI7FICATS EOLDER: city Punster City°PI: aidRack 221E. hlainStreet Round vase. Tana 78664 @l002 j002 PAGE 81/81 Tseed Nam Tlt1e; 1T" R.criead 10/2002 02/06/2003 TIM 13:57 [TX /RX NO 7098] J002 N� �G �Z (A NA BpGO Po pie 300 S Burnet O� O �O . N A DOVE CREEK DR N ,,.#. P.A.R.D. Yard Site 'RROU�.70MK--- 5 DATE: February 7, 2003 SUBJECT: City Council Meeting — February 13, 2003 ITEM: * 13.D.9. Consider a resolution authorizing the Mayor to execute a Professional Services Agreement with Baker-Aicklen & Associates, Inc. for topographic survey and platting of the Lake Creek Well Site and the future Parks and Recreation Department Yardsite. Resource: Larry Madsen, Construction Manager History: Portion of this parcel was purchased from the Northern Railroad Company and the city is platting this property to meet requirements for permitting the new PARD Yardsite. Funding: Cost: $10,700.00 Source of funds: Capital Project Funds- Self - Financed Outside Resources: Baker - Aicklen & Associates, Inc. Public Comment: N/A Sponsor: N/A rA BAKER - AICKLEN & ASSOCIATES, INC. Engineers /Surveyors December 19, 2002 Proposal # 02 -5100 Ms. Alysha Girard City of Round Rock Public Works Department 2008 Enterprise Drive Round Rock, TX 78664 RE: Proposal for Professional Engineering and Surveying Services Limited Topographic Survey and Subdivision Platting on Approximately 17.69 Acres Well Site Tract, Round Rock, TX Dear Ms. Girard: We are pleased to submit our proposal for professional surveying and engineering services related to the above referenced project. Basically our proposal is to provide a Limited Topographic Survey that will be used to produce a Preliminary and Final Subdivision Plat for the subject property. Below is a more specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES I. Limited Topographic Survey (Limited to area of recent construction) 1. Locate all planimetrics within area of previous construction. 2. Obtain sufficient ground elevations to prepare a one -foot interval contour map. 3. Locate all visible indications of utilities. 4. Prepare a drawing showing the results of the survey. 5. Utilize existing City of Round Rock aerial topographic maps for remainder of site. II. Preliminary Plat 1. Coordinate with water, electric, gas and telephone companies. 2. Interface with adjacent property owners and engineers, if appropriate. 3. Attend necessary meetings with local officials and utility companies. 4. Prepare schematic plans of water, wastewater and drainage. 5. Utilizing City of Round Rock aerial topography as supplemented above, prepare and submit preliminary plat in accordance with the City of Round Rock Preliminary Plat checklist. 6. Coordinate with City with the objective of securing approval of preliminary plat. 7. Furnish copies of approved preliminary plat. E- 03- 09- i3 -13b9 203 E Main St.. Suite 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Ms. Alysha Girard, City of Round Rock Proposal # 02 -5100 December 19, 2002 Page 2 III. Final Plat (2 Lots) 1. Use previously prepared boundary survey data to establish the boundary of subdivided parcel. 2. Verify location and nature of easements. 3. Coordinate with Client to refine lot configurations and roadway. 4. Prepare and submit subdivision plat with necessary certifications and notes in accordance with the City of Round Rock Final Plat checklist. 5. Coordinate with local offices during review process. 6. Respond to review comments. 7. Coordinate Client submission of tax certificates, letters of credit and fees, as appropriate. 8. Coordinate with local officials to secure approval. 9. Survey lot comers (stake and flag) on a one -time basis. 10. Coordinate recording of fmal plat including: A. Engineers opinion of probable cost for fiscal guarantees. B. Secure affidavits, fees and reproduction costs. CLARIFICATIONS 1. All fees to be paid by client. 2. Easement research is not included in this scope. 3. Client to provide copies of most recent deeds and Title Commitment. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis plus reimbursable expenses and applicable tax as listed below: I. Limited Topographic Survey II. Preliminary Plat III. Final Plat (2 lots) A. Preparation B. Processing $ 2,200.00 plus tax $ 4,370.00 $ 2,630.00 plus tax $ 1,500.00 TOTAL $10,700.00 plus tax The fee amounts proposed above 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 Ms. Alysha Girard, City of Round Rock Proposal # 02 -5100 December 19, 2002 Page 3 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. Refer to "Exclusions" on back of Professional Services Agreement for tasks not included in the above Scope of Work or fees. 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 total compensation under this agreement to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement and retum a copy to our office. We are prepared to commence work immediately 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 being of service to you. Sincer . William Waeltz, P.E. Branch Manager AWW/vmb Enc. o: \Eng prop 02\02- 5100pro doc 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 5110.00 per hour Staff Engineer /Surveyor/Planner $95.00 per hour GIS Project Manager $90.00 per hour Project Designer /Coordinator $85.00 per hour Engineering Assistant/Surveying Assistant/GPS Processor $70.00 per hour GIS Analyst $65.00 per hour Senior Engineering/Surveying CAD Technician $60.00 per hour Engmeering/Surveying CAD Technician/Field Representative $55.00 per hour GIS Technician $45.00 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 -nule 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 nunimum 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 under the Professional Services Agreement to a maximum of $50,000. 7Y BAKER - AICKLEN 6 As9CCIarE 9, INC. ENGINEERS /SURVEYORS 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: Civil Engineering and Surveying Services for a 17.69 acre well site tract in Round Rock, TX. See attached proposal letter No. 02 -5100 dated December 19, 2002. I. SERVICES: ENGINEER agrees to perform Basic Services and Additional Services in conformance with the following descnptions, definitions, terms and conditions. A BASIC SERVICES: See attached letter proposal No. 02 -5100 dated December 19, 2002. B ADDITIONAL SERVICES• All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined abme, shall constitute Additional Services These shall include. 1 Travel and subsistence to points other than ENGINEERS 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 services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. II COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descnptions, definitions, terms and conditions A. BASIC SERVICES: Compensation will be on a lump -sum plus reimbursables basis and tax for $10,700.00. B. ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly-charge basis for personnel services 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. 2. REIMBURSABLE EXPENSES: Expenses in connectton with Additional Services shall include transportation and subsistence, cost of ENGINEER'S field once, reproduction, subcontracts and similar items. Such expenses shall be reimbursed at the following rates: a. Transportation by ENGINEERS vehicles: at ENGINEERS standard rates if destination exceeds a 50 -nule radius of ENGINEERS office. b. Reproduction performed in ENGINEER'S office: at prevailing commercial rates. c. All others: actual cost to ENGINEER plus 10% sennce charge 111. 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 Williamson 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 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 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. OPINION OF PROBABLE CONSTRUCTION COST. Opinion of probable construction cost prepared by the ENGINEER represents his reasonable skill as a design professional familiar with the construction industry. It is recognized, however, that the ENGINEER has no control over the cost of labor, matenals or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the ENGINEER cannot and does not guarantee that bids will not vary from any cost estimate prepared by him VI 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 cmenng 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 VII 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 professional liability exceed amount of the total compensation received by ENGINEER under this Agreement, limited to a maximum of $50,000 VIII. DISPUTE RESOLUTION: In an effort to resolve any conflicts that apse dunng 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 ansmg 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 fabncators so retained, thereby providing for mediation as the primary 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 poor to completion of ENGINEERS 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 11 B to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). X. 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 or benefits hereunder to anyone other than CLIENT and ENGINEER XI SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No. 02 -5100 dated December 19, 2002 forms a part of this agreement, as well as attached Standard Rate Schedule that may change without notice m consideration of changes to price indices and pay scales applicable to the period when services are in fact being rendered XIl 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 Y Printed Name. Date: By: Printed Name. Date BAKER -AIC : SSOCIAT S, INC. A. William Waeltz. P E December 19, 2002 E -LS -01 XIII. MODIFICATIONS No one has authority to make va • 1.dinons to the terms of this Agreement an behalf of ENGINEER other than one of its Officers, and then only in writing stn:: ed by him B: EXCLUSIONS The present scope of work and fee does not include the following items of work: • Water quality basin design • Stormwater detention pond design • Electrical engineering • Gas & electrical services • Site lighting design • Project phasing • Off -site surveys and designs of any nature • Construction cost estimating • Traffic Impact Analysis • Cut and fill calculations • Work in conjunction with compatibility standards and ordinances • Environmental studies • Archaeological studies • Structural engineering (walls over 3 feet in height) • Landscape and irrigation system designs • Floodplain studies or determinations • Geotechnical and testing lab services • Water system modeling • Profiling of any utility in the Site Plan Permit • Surveys of any nature except as specified • Trench safety design • Zoning services • Water meter sizing • Construction staking • Construction phase services, except as specified • Environmental assessments • Preparation of easement documents • Preparation and processing of waivers, variances or exceptions • Addressing TDLR project review comments • Redesign work caused by others • Assembly and recording of legal documents • Bidding, contract preparation, and contract administration services • Traffic Control Plans • NPDES permitting services • Representation at public meetings • Governmental fees & fiscal • Gap or vacancy resolution • Water Pollution Abatement Plan • Sewage Collection System Plan • Contributing Zone Plan NOTE: 1. Please be aware that a National Pollutant Discharge Elimination System (N.P.D.E.S.) and the Stormwater Pollution Prevention Plan permit is required for construction activities (site disturbances) of one (1) acre and greater. However, because the responsibilities of implementing these permit requirements falls on the Contractor, which is still to be determined, and the Owners, this service cannot be initiated at this time. An Environmental Assessment will be necessary to complete the S.W.P.P.P. forms. 2. Pursuant to State law, a single (total and complete) project submittal to the Texas Department of Licensing and Regulation (TDLR) is required for review of the standards established by the Texas Accessibility Standards (TAS) of the Architectural Barriers Act. If appropriate, Baker - Aicklen will provide the project Architect a set of reproducibles, upon the Architect's request, for the project submittal to TDLR. The Project Architect or Owner is hereby responsible for the statutory submittal to TDLR.