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R-97-02-13-10G - 2/13/1997WHEREAS, the City of Round Rock desires to retain engineering services for Corridor Park One Drainage and Detention Improvements, 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 Corridor Park One Drainage and Detention Improvements, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of February, 1997. ATTEST: 41 114i Jill] YA E R•\ WPDOCS \RRSOLOTX \R570213G.WPD /,,g LAND, City Secretary RESOLUTION NO. R- 97- 02- 13 -10G 61:62( CHARLES CU P PER, Mayor City of Round Rock, Texas 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. Surveying and site work engineering for Corridor Park One Subdivision Drainage and Detention Improvements in Round Rock, Texas. See attached letter proposal No. 96 -201R dated 2/5/97. 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 -20IR dated 2/5/97 B. SPECIAL SERVICES: All work performed by ENGINEER which is either described in this paragraph or not included in the Basic Services defined above, shall constitute Special Services. These shall include. 1 Travel and subsistence to points other than ENGINEER'S or CLIENTS offices and project site. 2 Copies of final reports, studies, drawings and other data in excess of one (I) set. 3. Revisions to approved reports, studies, drawings and other data. 4. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practice. 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 reimbursables basis for: $9,500 00. B. ADDITIONAL SERVICES: ENGINEER'S compensation will be on an hourly- charge basis for personal services (defined below) plus Reimbursable Expenses (defined below): 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 rotes if destination exceeds a 50 -mile radius of ENGINEER'S office. b. Reproduction performed in ENGINEER'S office. at prevailing commercial rates. c. All others: actual cost to ENGINEER plus 10% service charge III. PAYMENTS: ENGINEER will invoice CLIENT semi - monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay ENGINEER at his office in Travis County, Texas, the full amount of each such invoice upon receipt. A charge of 1.5% per month will be added to the unpaid balance of invoices not paid within 30 days after date of invoice. IV OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates, specifications, field notes and data are and shall remain the property of ENGINEER. CLIENT may at his expense obtain a set of reproducible record copies of drawings and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. V. INSURANCE: ENGINEER agrees to maintain 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. VI. LIABILITY LIMITATION: ENGINEER shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skill in performing the services for the assignment covered by this Agreement. ' ' .. .. • ... .. . VII. DISPUTE RESOLUTION. project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this mediation unless the parties mutually agree otherwise. The CLIENT and the agreements with independent contractors and consu similar mediation • r. ' VIII TERMINATION: A CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEER'S services either by CLIENT or by ENGINEER, upon seven days written notice to the other at the address of record. Termination shall release each party from all obligations of this Agreement, except as specified in paragraph 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 1I.B to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred). IX. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER each binds himself, and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement Neither CLIENT nor ENGINEER shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than CLIENT and ENGINEER. X. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER, except as additionally stated below Attached letter proposal No. 96 -201R dated 2/5/97 forms a part of this agreement XI. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date tendered, it shall become invalid unless ENGINEER extends the time in writing. XII. Office and then only in writing signed by him. BAKER- /'C/KLLEN & ASSOCIATES, INC. By. �f/ k --ui J 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 .�{ � Date: '^ - 13- 97 Date • Z' Q 6- Y7 to nonbinding _ o include a similar mediation provision in all •rolect and to require all independent contractors and consultants also to include a subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the 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 Notes: 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 ates 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% 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. 7� I7' Baker-Aicklen & Associates, Inc. Consulting Engineers BAKER - AICKLEN & ASSOCIATES. INC. Consulting Engineers February 5, 1997 No. 96 -201R Mr. Jim Nuse, P.E. Public Works Department City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 RE: Proposal for Professional Services Corridor Park One Subdivision Drainage and Detention Improvements Dear Jim: In accordance with our recent meeting and telephone conversations, we are pleased to submit our proposal to provide engineering and surveying services for the referenced project improvements. The basis for the proposed improvements is detailed in our report titled "Corridor Park One Comprehensive Drainage Study ", dated October 1996. As recommended and described in this report, the proposed improvements would consist of the following: 1. Detention Pond 3 principal and emergency spillway regrading and concrete work; 2. Pilot channel construction in existing 30 -foot bottom drainage channel from Parker Drive to Pond No. 3; and 3. Outlet control modifications to Detention Ponds 1, 2 and 3. At this time, we understand that the City of Round Rock would bear the construction costs for Items 1 and 2 above. The construction/installation of the detention pond outlet control modifications would be paid for by the Owner(s) of Corridor Park One. Below is a more specific list of our proposed Scope of Services and Basis of Compensation. SCOPE OF SERVICES A. TOPOGRAPHIC MAPPING 1. Review previous survey work. Surveyor to be furnished past survey work. 203 E. Main St.. Suite 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 City of Round Rock February 5, 1997 Page 2 No. 96-201R Corridor Park One Subdivision Drainage and Detention Improvements 2. Assign a survey crew to perform an on- the - ground survey of the area where the drainage improvements are to be located. 3. Field tie evidence of property lines and adjacent drainage features to topographic survey, as required. 4. Compute and show contours on intervals of 1.0 foot, using survey work furnished. 5. Prepare a final drawing showing the above information. 6. Furnish prints of drawings. B. DRAINAGE IMPROVEMENTS PLAN 1. Collect and review pertinent data. 2. Coordinate with Client. 3. Prepare drainage improvements plan to include spillway elevations, slopes, wall elevation (if any), channel profiles and details as necessary to depict special drainage structures. 4. Submit above plan together with drainage calculations to the City of Round Rock and revise as needed to secure approval. 5. Furnish City of Round Rock reproducible copy. C. CONSTRUCTION PHASE SERVICES (LIMITED) 1. Prepare bid/contract documents. 2. Distribute plans and specifications to prospective bidders. Plan and specification reproduction and distribution costs are to be considered reimbursable expenses. 3. Assist in securing and analyzing bids. 4. Make recommendation of award. 5. Assist in preconstruction conference. 6. Review shop drawings. 7. Visit construction site periodically. 8. Interpret drawings and specifications. 9. Observe construction for general conformity to contract documents (not full -time representation). 10. Review Contractor's pay estimates. 11. Prepare final punch list. 12. Issue Contractor's Certificate of Completion. BASIS OF COMPENSATION We propose to provide the above - described Scope of Services on a lump sum basis. Below is a listing of our lump sum costs for the major items of work: A. Topographic Mapping $3,000.00 B. Drainage Improvement Plans $4,500.00 City of Round Rock February 5, 1997 Page 3 No. 96 -201R Corridor Park One Subdivision Drainage and Detention Improvements C. Construction Phase Services $2 000 00 Total $9,500.00 NOTE: Any work performed after obtaining approval of plans and permits will be considered additional services to be compensated for on an hourly- charge plus reimbursable expenses basis. The amounts proposed above are based on personnel time required to perform the described Scope of Services. Additional time requirements resulting from project scope changes or plan revisions beyond our control will be considered reasonable cause for us to seek additional compensation for services not included in these lump sum amounts. Such services may be compensated for on an hourly charge basis or at a mutually agreed to lump sum and will not be provided without prior authorization. Not included in the above estimates are the following: utility adjustments, geotechnical and testing lab services; special permits besides those specified; retaining walls above 3 feet in height; staking services; and City/State fees. The firm's professional liability is limited to the total amount of compensation. If this proposal is acceptable, please endorse the enclosed agreement and return it to our office for our files. We are prepared to commence work immediately upon your authorization, and are staffed to provide the necessary manpower to meet your specific requirements and time schedule. 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. Sincerely A. William Waeltz, P.E. Branch Manager AWW /tlb Enc. c: \winword196prop \96 -201 r.pro DATE: February 10, 1997 SUBJECT: City Council Meeting, February 1997 ITEM: 10G. Consider a resolution authorizing the Mayor to execute an engineering agreement with Baker - Aicklen & Associates, Inc. for Corridor Park One Drainage and Detention Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Corridor Park One is one of the fastest growing industrial areas in the City. An engineering study was paid for by three (3) property owners to evaluate the drainage system with the development density now known. Some improvements have been identified including orifice plates, berm work and concrete lining of a channel. This agreement is to consider design services to implement the recommendations of the study. Staff recommends approval. Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Coundl Members Robert Stluka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennet; Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK February 24,1997 A. William Waeltz, P.E. Baker- Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, TX 78664 Dear 43 Resolution No. R- 97- 02- 13 -10G was approved by the Round Rock City Council on February 13,1997. 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. Sincerely, IIl 0 Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512-218-7097 1. 800435 -2989 TDD 221 East Main Street Round Rock, Texas 78664 512-218-5400 1.8004354988 voice