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R-96-08-22-10A - 8/22/1996Mayor Charles Culpepper Mayor Fro-tm Earl Palmer Coundl Members Robert Stluka Rod Morgan Rick Stewart Martha Chaves Jimmy Joseph City Manager Robert L Bennett Jr. City Attorney Stephan L Sheer CITY OF ROUND ROCK August 26, 1996 Mr. Joe Baker, P.E. Baker - Aicklen & Associates, Inc. 9111 Jollyville Road, Suite 107 Austin, TX 78759 Dear Resolution No. R- 96- 08- 22 -10A was approved by the Round Rock City Council on August 22, 1996. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512-218-7097 1- 800- 735 -2989 TDD 1-800-735-2988 Voice 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 WHEREAS, the City of Round Rock desires to retain engineering services for a comprehensive drainage study for Corridor Park One Drainage Basin, and WHEREAS, Baker - Aicklen & Associates, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Baker - Aicklen & Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Baker - Aicklen & Associates, Inc., for a comprehensive drainage study for Corridor Park One Drainage Basin, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 22nd day of August, 1996. ATTEST: E LAND, City Secretary X:\ WPDOCS \RSSOLOTI \RS60833A.WPD /seg RESOLUTION NO. R- 96- 08- 22 -10A CHARLES CU PEPPER, Mayor City of Round Rock, Texas FA BAKER - AICKLEN & ASSOCIATES, INC. Consulting Engineers July 17, 1996 Mr. James R. Nuse, P.E. Director of Public Works CITY OF ROUND ROCK 2008 Enterprise Round Rock, Texas 78664 Re: Proposal for Professional Services Corridor Park One Drainage Basin Comprehensive Drainage Study Jim: CITY OF ROUND ROCK PUBLIC WORKS DEPT. No.,96 -114R As requested, we are pleased to submit this proposal for professional services on the above - mentioned project. As you know, we have been involved in past projects in this area and are currently preparing plans for another site in the vicinity. During the course of our work, in particular, our design involving the latest Security Capital project, we discovered that the conveyance of drainage in the area of Detention Pond No. 3 in Corridor Park One had been modified. As a result of this modification, as well as the effect past, present and future projects may have on the adequacy of not only Detention Pond No. 3 but all the existing detention ponds, we share in your concern that a comprehensive drainage study is essential. Therefore, our proposal provides for mapping and conducting a comprehensive drainage study of the Corridor Park One contributing drainage basin. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Assemble and review pertinent data. 2. Develop base map to depict the existing drainage conditions in the Corridor Park One contributing drainage basin. 9111 Jollyville Rd., Suite 107 • Austin, Texas 78759 • 512/346 -8980 • FAX 512/346 -7072 CITY OF ROUND ROCK July 17, 1996 Page 2 3. Perform field reconnaissances to verify record drawings information and identify existing conditions. 4. Develop existing condition hydrologic model (either HEC -1 or TR -20). This task shall include development of drainage area boundaries, runoff curve numbers, times of concentrations and existing detention pond rating curves. 5. Evaluate the adequacy of the existing detention ponds and the hydrologic /hydraulic impacts of past, present and future development on downstream properties. 6. Make recommendations and develop Opinion of Probable Construction Costs, as appropriate. 7. Prepare an engineering report and exhibits to summarize the results of the study. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis of $15,000.00, of which your share is $7,500.00. The amount proposed above is based upon personnel time required to perform the described Scope of Services and charged in accordance with the Standard Rate Schedule. Additional time requirements resulting from project scope changes beyond our control will be considered reasonable cause for us to seek additional compensation. Such services will be compensated for on an hourly- charge basis and will not be provided without prior authorization. If this proposal is acceptable, please endorse the enclosed agreement in the space provided below and return a copy to our office for our files. We are prepared to begin work upon your authorization and intend to use the services of Raymond Chan & Associates, Inc. in conducting the hydrologic analysis. CITY OF ROUND ROCK July 17, 1996 Page 3 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. JMB:ek Enc. STANDARD RATE SCHEDULE Effective April 1, 1993, 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 Registered Engineer $85.00 per hour Staff Engineer /Designer /Coordinator $65.00 per hour Registered Surveyor $60.00 per hour Staff Surveyor $55.00 per hour Engineering /Surveying Associate $50.00 per hour Engineering /Surveying /AutoCAD Technician /Designer $45.00 per hour Draftsman $35.00 per hour Secretary $35.00 per hour Expert Witness /Testimony /Deposition Services Two Times Rates Principal (as appropriate) $100.00 per hour FIELD PARTY SERVICES Rates 2 -Man Field Party $75.00 per hour 3 -Man Field Party $85.00 per hour 4 -Man Field Party $95.00 per hour Notes: 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 $75.00 per day Reproduction & Printing by Firm, Prevailing Com- Survey Stakes, Lathes, Iron Rods mercial Rates Or and other Direct Expense Cost, Plus 10% 1. A mileage charge will be billed for projects exceeding a 50 -mile radius of the base office only. 2. Field Party rates include a charge for normal equipment, normal 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. 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 - Aicklen & Associates, Inc. CONSULTING ENGINEERS • 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. Comprehensive drainage study for Corridor Park One Drainage Basra m Round Rock, Texas. See attached letter proposal No. 96.114R dated 07/17/96 I. SERVICES: ENGINEER agrees to perform Basic Services and Additional Services in conformance with the following descriptions, defutittons, terms and conditions. A. BASIC SERVICES. See attached letter proposal No 96 -114R dated 07/17/96. 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 1. Travel and subsistence to points other than ENGINEERS or CLIENTS offices and p ject site 2. Copies of final reports, studies, drawings and other data in excess of one (1) set. 3. Revisions to approved reports, studies, drawmgs and other data 4 Other services not otherwise included in this Agreement or not customarily funtished m accordance with generally accepted engineering practice. II. COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, defmitions, terms and conditions A. BASIC SERVICES: Compensation will be on a lump -sum basis for: 07,500.00. B. ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly- charge basis for personal services (defined below) plus Reimbursable Expenses (defined below): 1. HOURLY CHARGE: Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing. The current Standard Rate Schedule effective Apnl 1, 1993, 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 ENGINEERS standard rates if destination exceeds a 50 -mile radius of ENGINEER'S office. b. Reproduction performed in ENGINEER'S office. atprcvmlmg commercial rates. c. A11 others: actual cost to ENGINEER plus l0 % service charge. III. PAYMENTS: ENGINEER will invoice CLIENT semi - monthly in amounts based on ENGINEERS estimate of the portion of the Basic Services completed, plus charges for Additional Services performed. CLIENT agrees to promptly pay ENGINEER at his office in Travis County, Texas, the full amount of each such invoice upon receipt Acharge of l 5% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. IV. INSURANCE: ENGINEER agrees to maintain workmen's compensation msurance to cover all of ds 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. V 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 VI 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 patty from all obligations of tins Agreement, except as specified in paragraph VLB 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 Additional Services in paragraph II.B to all Basic Services performed to the date of termination, plus an amount fixed by applying the rate speed in paragraph IlB to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). VII. 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 ran 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 gwmg any nghts or benefits hereunder to anyone other than CLIENT and ENGINEER VIII. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally slated below: Attached letter proposal No 96 -1148 dated 07/17/96 forms a part of this agreement IX. 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. X. MODIFICATIONS. No one has authority to make variations in, or additions to the temts of this Agreement on behalf of ENGINEER other than one of its Ofceys, and then only in writing signed by him By: Date BAKER-AICKLEN & 'CIATES CAD 4 July 17, 1996 SELLSTROM TRACT JOINT VENTURE 211 Jefferson Square Austin, Texas 78731 Attn: Mr. Tom Nelson, Jr. Re: Proposal for Professional Services Corridor Park One Drainage Basin Comprehensive Drainage Study Jim: I As requested, we are pleased to submit this proposal for professional services on the above- mentioned project. As you know, we have been involved in past projects in this area and are currently preparing plans for another site in the vicinity. During the course of our work, in particular, our design involving the latest Security Capital project, we discovered that the conveyance of drainage in the area of Detention Pond No. 3 in Corridor Park One had been modified. As a result of this modification, as well as the effect past, present and future projects may have on the adequacy of not only Detention Pond No. 3 but all the existing detention ponds, we share in Mr. Nuse's concern that a comprehensive drainage study is essential. Therefore, our proposal provides for .mapping and conducting a comprehensive drainage study of the Corridor Park One contributing drainage basin. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES No. 96 -138 1. Assemble and review pertinent data. 2. Develop base map to depict the existing drainage conditions in the Corridor Park One contributing drainage basin. 9111 Jollyville Rd., Suite 107 • Austin, Texas 78759 • 512/346 -6960 • FAX 512/346 -7072 SELLSTROM TRACT JOINT VENTURE July 17, 1996 Page 2 3. Perform field reconnaissances to verify record drawings information and identify existing conditions. 4. Develop existing condition hydrologic model (either HEC -1 or TR -20). This task shall include development of drainage area boundaries, runoff curve numbers, times of concentrations and existing detention pond rating curves. 5. Evaluate the adequacy of the existing detention ponds and the hydrologic /hydraulic impacts of past, present and future development on downstream properties. 6. Make recommendations and develop Opinion of Probable Construction Costs, as appropriate. 7. Prepare an engineering report and exhibits to summarize the results of the study. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis of $15,000.00, of which your share is $2,500.00. The amount proposed above is based upon personnel time required to perform the described Scope of Services and charged in accordance with the Standard Rate Schedule. Additional time requirements resulting from project scope changes beyond our control will be considered reasonable cause for us to seek additional compensation. Such services will be compensated for on an hourly- charge basis and will not be provided without prior authorization. The firm's professional liability is limited to the total amount of compensation to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement in the space provided below and return a copy to our office for our files. We are prepared to begin work upon your authorization and intend to use the services of Raymond Chan & Associates, Inc. in conducting the hydrologic analysis. SELLSTROM TRACT JOINT VENTURE July 17, 1996 Page 3 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. Sincerel Joe M. raker, P.E. JMB:ek Enc. PROFESSIONAL SERVICES AGREEMENT SELLSTROM TRACT JOINT VENTURE, as CLIENT engages Baker- Aicklen & Associates, In as ENGINEER to perform professional services for the assignment described as follows Comprehensive drainage study for Corridor Park One Drainage Basin in Round Rock, Texas. Sec attached letter proposal No. 96.138 dated 07/17/96. 1 SERVICES: ENGINEER agrees to perform Banc Services and Additional Services in conformance with the following descriptions, definitions, term and conditions. A. BASIC SERVICES. See attached letter proposal No 96 -138 dated 07 /17/96. B. SPECIAL SERVICES: All work performed by ENGINEER which is either described in this paragraph or not included m the Basic Services defined above, shall constitute Special Services These shall include. 1 Travel and subsistence to pomts other than ENGINEER'S or CLIENTS offices and project site. 2 Copies of final reports, studies, drawings and other data m 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 m accordance with generally accepted engineenng practice. IL 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 basis for. 52,500.00. B ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly-charge basis for personal services ( defined below) plus Reimbursable Expenses (defined below): 1. HOURLY CHARGE. Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing The current Standard Rate Schedule effective April 1, 1993, is attached. 2. REIMBURSABLE EXPENSES. Expenses m connection with Additional Services shall include transportation and subsistence, cost of ENGINEERS field office, reproduction, subcontracts and similar item. Such expenses shall be reimbursed at the following rates. a. Transportation by ENGINEERS vehicles: at ENGINEERS standard rates if destination exceeds a 50 -mile radius of ENGINEERS 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 - monthly m amounts based on ENGINEER'S eshmate of the portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay ENGINEER at lus office m Travis County, Texas, the full amount of each such invoice upon receipt A charge of 1.5% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice IV. INSURANCE- ENGINEER agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agr ment 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 m the course of services performed under this Agreement V. LIABILITY LIMITATION: ENGINEER shall have no Irabdrty 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 VL TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be tormmated without cause at any time pnor 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 VI 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 13 to all Additional Services performed to date of termination (including all Reimbursable Expenses mcurred). VII. 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 m 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. VIII. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No. 96.138 dated 07/17/96 fours a part of this agreement IX INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date tendered, it shall become invalid unless ENGINEER extends the tune in wasting. X MODIFICATIONS: No one has authority to make variations in, or additions to the terns of this Agreement on behalf of ENGINEER other than one of its Officers, and then only in writing signed by Imim. By. By: Date. Dat BAKER - AICKLEN & ASSOCIATES, INC. STANDARD RATE SCHEDULE Effective April 1, 1993, 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 Registered Engineer $85.00 per hour Staff Engineer /Designer /Coordinator $65.00 per hour Registered Surveyor $60.00 per hour Staff Surveyor $55.00 per hour Engineering /Surveying Associate $50.00 per hour Engineering /Surveying /AutoCAD Technician /Designer $45.00 per hour Draftsman $35.00 per hour Secretary $35.00 per hour Expert Witness /Testimony /Deposition Services Two Times Rates Principal (as appropriate) $100.00 per hour FIELD PARTY SERVICES Rates 2 -Man Field Party $75.00 per hour 3 -Man Field Party $85.00 per hour 4 -Man Field Party $95.00 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 $75.00 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 a charge for normal equipment, normal 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. 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 - Aicklen & Associates, Inc. CONSULTING ENGINEERS BAKER - AICKLEN & ASSOCIATES. INC. Consulting Engineers July 17, 1996 No. 96 -139 INVESTEX LLC 13218 Tamayo Drive Austin, Texas 78729 Attn: Mr. Larry Parker Re: Proposal for Professional Services Corridor Park One Drainage Basin Comprehensive Drainage Study Jim: As requested, we are pleased to submit this proposal for professional services on the above - mentioned project. As you know, we have been involved in past projects in this area and are currently preparing plans for another site in the vicinity. During the course of our work, in particular, our design involving the latest Security Capital project, we discovered that the conveyance of drainage in the area of Detention Pond No. 3 in Corridor Park One had been modified. As a result of this modification, as well as the effect past, present and future projects may have on the adequacy of not only Detention Pond No. 3 but all the existing detention ponds, we share in Mr. Nuse's concern that a comprehensive drainage study is essential. Therefore, our proposal provides for mapping and conducting a comprehensive drainage study of the Corridor Park One contributing drainage basin. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Assemble and review pertinent data. 2. Develop base map to depict the existing drainage conditions in the Corridor Park One contributing drainage basin. 9111 Jallyville Rd. Suite 107 • Austin, Texas 78759 • 512/348 -6960 • FAX 512/346 -7072 INVESTEX LLC July 17, 1996 Page 2 3. Perform field reconnaissances to verify record drawings information and identify existing conditions. 4. Develop existing condition hydrologic model (either HEC -1 or TR -20). This task shall include development of drainage area boundaries, runoff curve numbers, times of concentrations and existing detention pond rating curves. 5. Evaluate the adequacy of the existing detention ponds and the hydrologic /hydraulic impacts of past, present and future development on downstream properties. 6. Make recommendations and develop Opinion of Probable Construction Costs, as appropriate. 7. Prepare an engineering report and exhibits to summarize the results of the study. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis of $15,000.00, of which your share is $2,500.00. The amount proposed above is based upon personnel time required to perform the described Scope of Services and charged in accordance with the Standard Rate Schedule. Additional time requirements resulting from project scope changes beyond our control will be considered reasonable cause for us to seek additional compensation. Such services will be compensated for on an hourly- charge basis and will not be provided without prior authorization. The firm's professional liability is limited to the total amount of compensation to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement in the space provided below and return a copy to our office for our files. We are prepared to begin work upon your authorization and intend to use the services of Raymond Chan & Associates, Inc. in conducting the hydrologic analysis. INVESTEX LLC July 17, 1996 Page 3 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. Sincere Joe M. Baker, P.E. JMB:ek Enc. PROFESSIONAL SERVICES AGREEMENT INVESTEX LLC, as CLIENT engages Baker- Aicklen& Associates, Inc as ENGINEER to perform professional services for the assignment described as follows: Comprehensive drainage study for Corridor Park One Drainage Basm in Round Rock, Texas. See attached letter proposal No 96 -139 dated 07/17/96. 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 96 -139 dated 07/17/96. B. SPECIAL SERVICES All work performed by ENGINEER which is either described in this paragraph or not included in the Basin Services defined above, shall constitute Special Services. These shall include: 1. Travel and subsistence to points other than ENGINEER'S or CLIENTS offices and project site 2. Copies of final reports, studies, drawings and other data in excess of one (1) set 3 Revisions to approved reports, studies, drawings and other data. 4 Otter services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. IL COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, definitions, terns and conditions. A. BASIC SERVICES: Compensation will be on a lump -sum basis for: $2,500.00. B ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly -charge basis for personal services (defined below) plus Reimbursable Expenses (defined below): 1. HOURLY CHARGE: Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing The current Standard Rate Schedule effective April 1, 1993, 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 ENGINEERS 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 Ill 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 mvoice upon receipt A charge of 1 5% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. IV. INSURANCE: ENGINEER agrees to maintain workmen'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 V 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. VI 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 VLB below. B. COMPENSATION PAYABLE ON TERMINATION: On Terminatmn, 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 ILB to all Basic Services performed to the dale of termination, plus an amount fixed by applying the rate specified in paragraph ILB to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). VII 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 patty 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 nghis or benefits hereunder to anyone other than CLIENT and ENGINEER. VIII. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No 96 -139 dated 07/17/96 forms a part of this agreement IX 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. X MODIFICATIONS No one has authority to make variations in, or additions to the terms of this Agreement on behalf of ENGINEER other than one of its Officers, and then only in writing signed by him BAKER- AICKLEN. & • OCIATES, INC. By By. .. / Date. Date 7 /7 STANDARD RATE SCHEDULE Effective April 1, 1993, 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 Registered Engineer $85.00 per hour Staff Engineer /Designer /Coordinator $65.00 per hour Registered Surveyor $60.00 per hour Staff Surveyor $55.00 per hour Engineering /Surveying Associate $50.00 per hour Engineering /Surveying /AutoCAD Technician /Designer $45.00 per hour Draftsman Secretary $35.00 per hour $35.00 per hour Expert Witness /Testimony /Deposition Services Two Times Rates Principal (as appropriate) $100.00 per hour FIELD PARTY SERVICES Rates 2 -Man Field Party $75.00 per hour 3 -Man Field Party $85.00 per hour 4 -Man Field Party $95.00 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 $75.00 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 a charge for normal equipment, normal 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. 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 - Aicklen & Associates, Inc. CONSULTING ENGINEERS BAKER- AICKLEN & ASSOCIATES, INC. Consulting Engineers July 17, 1996 No. 96 -140 SECURITY CAPITAL INDUSTRIAL TRUST 5420 LBJ Freeway Dallas, Texas 75240 Attn: Mr. Stanley G. Thomas Re: Proposal for Professional Services Corridor Park One Drainage Basin Comprehensive Drainage Study Jim: As requested, we are pleased to submit this proposal for professional services on the above- mentioned project. As you know, we have been involved in past projects in this area and are currently preparing plans for another site in the vicinity. During the course of our work, in particular, our design involving the latest Security Capital project, we discovered that the conveyance of drainage in the area of Detention Pond No. 3 in Corridor Park One had been modified. As a result of this modification, as well as the effect past, present and future projects may have on the adequacy of not only Detention Pond No. 3 but all the existing detention ponds, we share in Mr. Nuse's concern that a comprehensive drainage study is essential. Therefore, our proposal provides for mapping and conducting a comprehensive drainage study of the Corridor Park One contributing drainage basin. Below is a specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES 1. Assemble and review pertinent data. 2. Develop base map to depict the existing drainage conditions in the Corridor Park One contributing drainage basin. 9111 Jollyville Rd., Suite 107 • Austin, Texas 78759 • 512/346 -6990 • FAX 512/346 -7072 SECURITY CAPITAL INDUSTRIAL TRUST July 17, 1996 Page 2 3. Perform field reconnaissances to verify record drawings information and identify existing conditions. 4. Develop existing condition hydrologic model (either NEC-1 or TR -20). This task shall include development of drainage area boundaries, runoff curve numbers, times of concentrations and existing detention pond rating curves. 5. Evaluate the adequacy of the existing detention ponds and the hydrologic /hydraulic impacts of past, present and future development on downstream properties. 6. Make recommendations and develop Opinion of Probable Construction Costs, as appropriate. 7. Prepare an engineering report and exhibits to summarize the results of the study. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis of $15,000.00, of which your share is $2,500.00. The amount proposed above is based upon personnel time required to perform the described Scope of Services and charged in accordance with the Standard Rate Schedule. Additional time requirements resulting from project scope changes beyond our control will be considered reasonable cause for us to seek additional compensation. Such services will be compensated for on an hourly charge basis and will not be provided without prior authorization. The firm's professional liability is limited to the total amount of compensation to a maximum of $50,000. If this proposal is acceptable, please endorse the enclosed agreement in the space provided below and return a copy to our office for our files. We are prepared to begin work upon your authorization and intend to use the services of Raymond Chan & Associates, Inc. in conducting the hydrologic analysis. SECURITY CAPITAL INDUSTRIAL TRUST July 17, 1996 Page 3 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. Sincere Joe M. Baker, P.E. JMB:ek Enc. PROFESSIONAL SERVICES AGREEMENT SECURITY CAPITAL INDUSTRIAL TRUST, as CLIENT engages Baker- Aicklen & Associates, Inc. as ENGINEER to perform professional services for the assignment described as follows Comprehensive drainage study for Comdor Park One Drainage Basin in Round Rock, Texas. See attached letter proposal No. 96-140 dated 07/17/96 L SERVICES ENGINEER agrees to perform Basic Services and Additional Services m conformance with the following descriptions, definitions, terns and conditions. A BASIC SERVICES See attached letter proposal No. 96.140 dated 07/17/96. B. SPECIAL SERVICES: All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Sernces defined above, shall constitute Special Services These shall include: 1. Travel and subsistence to pomis other than ENGINEER'S or CLIENTS offices and project site. 2. Copies of final reports, studies, drawings and other data in excess of one (1) set 3. Revisions to approved reports, studies, drawings and other data 4. Other services not otherwise included m this Agreement or not customarily famished in accordance with generally accepted engineering practice IL COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, definitions, tcrms and conditions A. BASIC SERVICES. Compensation will be on a lump -sum basis for. $2,500.00. B. ADDITIONAL SERVICES ENGINEERS 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 April 1, 1993, 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 ENGINEERS office: at prevailing commercial rates. c. All others: actual cost to ENGINEER plus 10% service charge. IIL PAYMENTS: ENGINEER will Invoice CLIENT semi- monthly in amounts based on ENGINEERS estimate of the portion of the Basic Services completed, plus charges for Special Services performed CLIENT agrees to promptly pay ENGINEER at his office m Travis County, Texas, the full amount of each such invoice upon receipt A charge of 1 5% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. IV. INSURANCE: ENGINEER agrees to maintain workmen's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under tins 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. V. LIABILITY LIMITATION: ENGINEER shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skull 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 VL 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 m paragraph VI 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 1110 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 oftenrunahon (including all Reimbursable Expenses incurred). VII. 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 juts 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 VIIL SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below: Attached letter proposal No. 96-140 dated 07/17/96 forms a part of llus agreement IX. 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 X. MODIFICATIONS• No one has authority to make variations ui, or additions to the terns of this Agreement on behalf of ENGINEER other than one of its Officers, and then only in writing signed by him By: By: Date: Date. BAKER - AICKLEN & ASSOCIATES, INC. OFFICE PERSONNEL SERVICES STANDARD RATE SCHEDULE Effective April 1, 1993, 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 Registered Engineer $85.00 per hour Staff Engineer /Designer /Coordinator $65.00 per hour Registered Surveyor $60.00 per hour Staff Surveyor $55.00 per hour Engineering /Surveying Associate $50.00 per hour Engineering /Surveying /AutoCAD Technician /Designer $45.00 per hour Draftsman $35.00 per hour Secretary $35.00 per hour Expert Witness /Testimony /Deposition Services Two Times Rates Principal (as appropriate) $100.00 per hour FIELD PARTY SERVICES Rates 2 -Man Field Party $75.00 per hour 3 -Man Field Party $85.00 per hour 4 -Man Field Party $95.00 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 $75.00 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 a charge for normal equipment, normal 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. 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. I%� Baker - Aicklen & Associates, Inc. CONSULTING ENGINEERS DATE: August 19, 1996 SUBJECT: City Council Meeting, August 22, 1996 ITEM: 10A. Consider a resolution authorizing the Mayor to enter into an engineering agreement with Baker-Alcklen & Associates, Inc. for a comprehensive drainage study for Corridor Park One Drainage Basin. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: A drainage study in our South Central industrial corridor is necessary for the orderly transportation of stormwater. This study will be funded in equal shares by the City's regional drainage fund and affected properties. The entire study is $15,000 with the City share is $7,500.