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R-98-06-25-10C1 - 6/25/1998Mayor Charles Culpepper Mayor Pro-tem Earl Palmer Council Members Robert St!aka Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Shiers CITY OF ROUND ROCK July 7, 1998 Mr. Bill Waeltz, P.E. Baker - Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, Texas 78664 // Dear • aeltz: 221 East Main Strnnt Round Rock Texas 78664 512 -218 -5400 The Round Rock City Council approved Resolution No. R- 98- 06 -25- 10C1 at their regularly scheduled meeting on June 25, 1998. Enclosed is a copy of the resolution and original contract for your files. If you have any questions, please do not hesitate to contact me. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 -218 -7097 1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice RESOLUTION NO. R- 98- 06- 25 -10C1 WHEREAS, the City of Round Rock desires to retain engineering services for the Lake Creek Park expansion, 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 engineering services for the Lake Creek Park expansion, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 25th day of June, ATTEST: WPDOCS \RESQLVrz \.8O525Ci.WPD /, LAND, City Secretary CHARLES CULP P' Mayor City of Round Rock, Texas 51. BAKER - AICKLEN & ASSOCIATES, INC. Consulting Engineers June 18, 1998 98 -5073 Parks and Recreation Department City of Round Rock 221 East Main Street Round Rock, TX 78664 Attn: Ms. Sharon Prete RE: Proposal for Professional Services Engineering and Surveying Services - Lake Creek Park Extension Dear Sharon: We are pleased to submit our proposal for services related to the above referenced site. Basically, our proposal is for engineering and surveying services associated with the Lake Creek Park Extension in Round Rock, Texas. Below is a more specific list of our proposed scope of services and basis of compensation. A. BOUNDARY SURVEY SCOPE OF SERVICES 1. Review previous boundary survey, if available. 2. Perform on- the - ground survey of the premises locating all visible improvements, (if any) such as existing buildings, parking facilities, utilities and evidence of boundary markers. 3. Perform office technical review of boundary evidence recovered to properly replace all those markers lost or destroyed by adjoiner property construction projects or other occurrences. 4. Provide survey crew to re -set missing boundary corners in accordance with recorded plat information. B. TOPOGRAPHIC AND TREE MAPPING I . Field tie evidence of property lines to topographic survey. 2. Locate and name all trees eight inches (8 ") in diameter and larger, except cedar. Show tree clumps and driplines of protected trees. 3. Locate all existing manmade improvements visible on the surface. 4. Verify location and nature of all visible utilities and easements. 203 E. Mein St., Suite 201 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 City of Round Rock June 18, 1998 Page 2 C. PRELIMINARY SITE PLAN D. DIMENSIONAL CONTROL SITE PLAN E. SITE GRADING AND DRAINAGE PLAN Proposal No. 98 -5073 Lake Creek Park Extension 5. Take sufficient elevations to determine contours on a one -foot interval and provide benchmark. 6. Compute and show contours on intervals of 1.0 foot. 7. Prepare a final drawing showing the above information. 8. Furnish prints of drawing. 1. Assemble and review pertinent data. 2. Develop Preliminary Site Plan based upon input from Parks and Recreation Department (PARD). 3. Schedule and attend Pre - Development Conference with City Planning Staff and Public Works. 4. Coordinate with City staff to secure preliminary approval of Development Scheme. 1. Collect and review pertinent data. 2. Coordinate with Architect and Owner, as required. 3. Prepare dimensionally accurate site plan and submit with contract documents to secure approvals. 4. Furnish Owner a copy of the AutoCAD 14 drawing file. 1. Collect and review pertinent data. 2. Coordinate with City staff. 3. Prepare conceptual grading and drainage plan based upon previously developed layout plan and topographic information. 4. Review preliminary grading and drainage plan with Owner. Revise drawing as needed per review comments. 5. Prepare final grading and drainage plan to include curb elevations, slopes, wall elevation (if any), finish floor grades, storm sewer profiles, detention and details as necessary. F. SITE DEVELOPMENT PERMIT COORDINATION AND PROCESSING 1. Assemble pertinent data and coordinate receiving drawings from the Landscape Architect and Structural Engineer (if required). 2. Coordinate with PARD regarding items to be furnished by PARD (compatibility drawings, if required). 3. Submit application along with appropriate drawings and Engineer's Summary Letter and Report to City. City of Round Rock June 18, 1998 Page 3 G. CONSTRUCTION PHASE (LIMITED) BASIS OF COMPENSATION Proposal No. 98 -5073 Lake Creek Park Extension 4. Coordinate with City during review process, address City comments, and process the submittal for approval of Site Development Permit. 1. Prepare bid/contract documents with cost estimates. 2. Prepare Engineer's opinion of probable construction cost. 3. Distribute plans and specifications to prospective bidders. Plan and specification reproduction and distribution costs are to be considered reimbursable expenses. 4. Assist in securing and analyzing bids. 5. Make recommendation of award. 6. Assist in preconstruction conference. 7. Review shop drawings. 8. Visit construction site periodically. 9. Interpret drawings and specifications. 10. Observe construction for general conformity to contract documents (not full -time representation). 11. Review Contractor's pay estimates. 12. Prepare final punch list. 13. Issue Contractor's Certificate of Completion. 14. Prepare As -Built drawings from information provided by Contractor. We propose to provide all the above described Scope of Services on a lump sum plus reimbursable expense basis as listed below: A. Boundary Survey $3,000 B. Topographic Survey $5,150 C. Preliminary Site Plan $1,700 D. Dimensional Control Plan $1,000 E. Site Grading and Drainage Plan $6,500 F. Site Development Permit Coordination & Processing $1,000 G. Construction Phase Services $3,000 TOTAL $21,350 The lump sum amounts proposed above are based upon 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 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 City of Round Rock June 18, 1998 Page 4 Sincerely, A. William Waeltz, P.E.. AWW:tlb Enclosure c: \winword \proposa1198- 5073,pro Proposal No. 98 -5073 Lake Creek Park Extension prior authorization. Not included in the above estimates are the following: Structural design (walls over three feet in height); geotechnical and testing lab services; trench safety design, landscape plans, N.P.D.E.S. permitting and T.I.A. reports, if required; and fees charged by the City. The estimated amount does not include sales tax which is mandated by State law on certain types of surveys. Please be aware that a National Pollutant Discharge Elimination System ( N.P.D.E.S.) permit is required for construction activities (site disturbances) of five (5) acres and greater. The initial project construction will encompass an area of about ten acres. However, because the responsibilities of implementing these permit requirements falls on the Contractor, which is still to be determined, and the Owner, this service cannot be initiated now. 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. 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: Site work engineering and surveying services associated with the Lake Creek Park Extension, Round Rock, Texas. See attached letter proposal No. 98 -5073 dated 06/18/98. 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. 98 -5073 dated 06/18/98. 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 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 in this Agreement or not customarily furnished in accordance with generally accepted surveying practice. 11. COMPENSATION: CLIENT agrees to pay ENGINEER for above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be on a lump sum basis of $21,350 plus reimbursable expenses. B. ADDITIONAL SERVICES: ENGINEERS 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 January 1, 1998, is attached. 2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and subsistence, cost of ENGINEER'S field office, reproduction, subcontracts and similar items. Such expenses shall be reimbursed at the following rates: a. Transportation by ENGINEER'S vehicles: at ENGINEER'S standard rates if destination exceeds a 50 -mile radius of ENGINEER'S office. b. Reproduction performed in ENGINEER'S office: at prevailing commercial rates. c. All others: actual cost to ENGINEER plus 10% service charge. III. PAYMENTS: ENGINEER will invoice CLIENT semi - monthly in amounts based on ENGINEER'S estimate of the portion of the Basic Services completed, plus charges for 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. 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. 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, 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 worker's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. ENGINEER also agrees to maintain public liability insurance covering claims against ENGINEER for damages resulting k }om 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 warranty of the use of reasonable skill in performing the services for the assignment covered by this Agreement VII. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and the ENGINEER agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and the ENGINEER further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. VIII. •TERMINATION: A_ CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENGINEER'S services either by CLIENT or by ENGINEER, upon seven days written notice to the other al 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 Additional Services in paragraph 11.0 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). 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 he 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. 98 -3073 dated 06/18198 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. MODIFIC • IONS: 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 . . then only in writing signed by him. By: Date: BAKER -AIC N ASSOCIATES, I C. By: �1 1:0 ? Date: STANDARD RATE SCHEDULE (Labor Rate Table 33) Effective January 1, 1998, the following rates are recommended for work performed on an hourly - charge basis. Rates include company overhead and profit for services accomplished during regular working hours. DIRECT LABOR OFFICE PERSONNEL SERVICES Classification Rate Project Engineer $90.00 per hour Project Surveyor $80.00 per hour Staff Engineer /Designer /Coordinator $70.00 per hour Staff Surveyor/Engineering Assistant/GPS Processor $65.00 per hour Senior Engineering/Surveying CAD Technician/Designer $55.00 per hour Engineering/Surveying CAD Technician/Designer $50.00 per hour CAD Draftsman $40.00 per hour Secretary $37.50 per hour Expert Witness/Testimony /Deposition Services Two Times Rates Principal (as appropriate) $120.00 per hour FIELD PARTY SERVICES Rat 1 -Man Field Party $65.00 per hour 2 -Man Field Party $85.00 per hour 3 -Man Field Party $100.00 per hour 4 -Man Field Party $115.00 per hour 1 -Man GPS RTK Field Party (Note 5) $ 125.00 per hour 2 -Man GPS RTK Field Party (Note 5) $150.00 per hour 2 -Man GPS Static Field Party (Note 5) $175.00 per hour DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles (Note 1) $ 0.35 per mile By Firm's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.35 per mile Subsistence of out -of -city work $100.00 per day Reproduction & Printing by Firm, Prevailing Com- Survey Stakes, Lathes, Iron Rods mercial Rates Or and other Direct Expense Cost, Plus 10% Notes: 1. A mileage charge will be billed for projects exceeding a 50 -mile radius of the base office only. 2. Field Party rates include conventional equipment, supplies and survey vehicles. Abnormal use of stakes, lathes, etc., used such as during the construction phase of a project will be charged as indicated. 3. A minimum of two (2) hours field party time charge will be made for show -up time and return to office, resulting from inclement weather conditions, etc. 4. Field Party stand -by time will be charged for at the above -shown appropriate rates. 5. Rates apply to actual time GPS units are in use. All other time will be charged as appropriate normal field party rates. 6. The firm's professional liability is limited to the total amount of compensation associated with a specific project up to a maximum of $50,000. DATE: June 22, 1998 SUBJECT: City Council Meeting - June 25,1998 ITEM: 10.C.1. Consider a resolution authorizing the Mayor to enter into a contract with Baker - Aicklen for engineering services for Lake Creek Park expansion. The contract includes the necessary engineering and bid document preparation required to convert the area to practice and playing fields for youth and adults. Staff Resource Person: Sharon Prete, PARD Director.