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R-98-11-12-10B9 - 11/12/1998Mayor Charles Culpepper Mayor Pro-tem Robert Stiuka Council Members Earl M. Hairston Rick Stewart Ear! Palmer M rha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets CITY OF ROUND ROCK December 15, 1998 Mr. A. William Waeltz, P. E. Baker - Aicklen & Associates, Inc. 203 E. Main Street, Suite 201 Round Rock, Texas 78664 Dear Mr. Waeltz: 221 East Main Street Rotund Rock, Texas 78664 512-218-5400 The Round Rock City Council approved Resolution No. R- 98- 11- 12 -10B9 at their regularly scheduled meeting on November 12, 1998. This resolution pertains to an agreement for professional surveying services for transportation projects. Enclosed is a copy of the resolution and Contract for Surveying Services. If you have any questions, please do not hesitate to contact me. Sincerely, w / vY c!1_/ Joanne Land Assistant City Manager/ City Secretary Enclosures Fax: 512 - 218-7097 1- 800 - 735-2989 TDD 1- 800 - 735 -2988 Voice www. ci. round -roc k tx. us WHEREAS, the City of Round Rock desires to retain professional surveying services for transportation projects, 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 professional surveying services for transportation projects, 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 12th day of Novembe /, 1998. ATTEST: R;\ WPDOCS \RESOLUTI \RB111210.WPD /scg LAND, City Secretary RESOLUTION NO. R 98 11 12 - 10B9 i CHARLES CU PA Mayor City of Round Rock, Texas THE STATE OF TEXAS § THE COUNTY OF WILLIAMSON § ARTICLE 1. CONTRACT PERIOD ARTICLE 2. SCOPE OF SERVICES Contract No. Contract for Surveying Services THIS SURVEYING CONTRACT is made by and between the City of Round Rock, hereinafter called the City, and Baker - Aicklen and Associates Inc. hereinafter called the Surveyor. WITNESSETH WHEREAS, the City has determined that the services of professional surveyors are sometimes necessary to carry out the required survey activities; and, WHEREAS, pursuant to Texas Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement" the City requested proposals from professional land surveyors to assist the City by providing surveying services; and, WHEREAS, the City has reviewed proposals and subsequently selected the Surveyor to provide surveying services for the City of Round Rock at various locations; and, NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Surveyor do mutually agree as follows. AGREEMENT This contract becomes effective when fully executed by both parties and will terminate on September 30, 1999 unless the contract period is extended or terminated as otherwise provided hereinafter. The Surveyor will not begin work or incur costs until authorized 'in writing by the City. The City will furnish services described in Attachment A, "Services to be Provided by the City." The Surveyor will provide the professional services described in Attachment B, "Services to be Provided by the Surveyor." srvybakr.doc /twspecs 1 ARTICLE 3. COMPENSATION The maximum amount payable under this contract shall not exceed the amount of $ 50.000 unless an amendment is executed as provided hereinafter. Payment is authorized for costs incurred in accordance with the fee schedule attached hereto and labeled Attachment C, "Basis for Payment ". The Surveyor is authorized to submit periodic requests for payment within thirty days after costs are incurred as authorized herein. The request for payment shall be made using forms acceptable to the City and shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current billing. All requests for payment will be mailed to the address shown on the signature page of this contract. ARTICLE 4. WORK ORDERS Work performed by the Surveyor will be authorized by the City by written work order issued prior to work being performed. Each such work order shall be incorporated into and made a part of this contract. In no event shall the cumulative total cost authorized in all work orders exceed the maximum amount payable established in Article 3, "Compensation," nor shall completion dates extend beyond the end of the contract period established in Article 1, "Contract Period." In the event of a conflict between the terms of this contract and the work order, the terms established herein shall prevail. The Surveyor must sign and return the work order within seven days after receipt to signify acceptance. Refusal to accept a work order may be grounds for termination of the contract. ARTICLE 5. PROGRESS Upon acceptance of a work order, the Surveyor shall undertake and complete the authorized work. The City or the Surveyor can request conferences to be provided at the Surveyor's office, the offices of the City, or at other agreed upon locations. ARTICLE 6. INSPECTION OF WORK The City has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Surveyor, or a subcontractor, the Surveyor shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. srvybakr.doc /twspecs 2 ARTICLE 7. AMENDMENTS If it becomes necessary at any time during the contract period to change the scope of work, the contract period, the maximum amount payable, the complexity, or the character of this contract, an amendment must be prepared and executed within the contract period established in Article I above. The City retains the right to reject any such amendment proposed by the Surveyor unless the City finds the proposed amendment necessary to complete the work authorized herein. Any such amendment will be made in writing agreed to by all parties hereto and duly executed before the end of the contract period specified in Article I above. If the City finds it necessary to require changes in completed work because of errors made by the Surveyor, the City shall require the Surveyor to correct the work at no cost to the City and without amendment to the contract. If the changes are made at the request of the City and are not due to errors of the Surveyor, the City will reimburse the Surveyor for the additional work at the same rate of pay established in Attachment C, "Basis for Payment." If payment for the additional work will cause the maximum amount payable to be exceeded, an amendment shall be executed in accordance with the terms of this provision. ARTICLE 8. SUSPENSION OF WORK Should the City desire to suspend the work, but not terminate the contract, the City will issue a written order to stop work setting out the terms of the suspension. The Surveyor will stop all work and cease to incur costs during the term of the suspension. The Surveyor will resume work when notified to do so in writing by the City. Suspension of work does not extend the contract period. If additional time is required to complete the work because of the suspension, a contract amendment will be executed in accordance with Article 7, "Amendments." ARTICLE 9. REPORTING The Surveyor shall promptly advise the City in writing of events which have a significant impact upon the contract, including: Problems, delays, or adverse conditions which will materially affect the ability to meet time schedules and goals, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated. 2. Favorable developments or events which enable meeting time schedules and goals sooner than anticipated or producing more work units than originally projected srvybakr.doc /twspocs 3 ARTICLE 10. RECORDS The Surveyor agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the contract period and for four years from the date of final payment under the contract for inspection by the City; or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. ARTICLE 11. OWNERSHIP OF DOCUMENTS All sketches, photographs, calculations, and other data prepared under this contract shall be made available, upon request, to the City without restriction or limitation on their further use. The Surveyor may, at its own expense, have copies made of the documents or any other data furnished the City under this contract. ARTICLE 12. SURVEYOR RESOURCES The Surveyor warrants that the firm presently has adequate qualified personnel in its employment for performance of services required under this contract, or will be able to obtain such personnel from sources other than the City. Unless otherwise specified, the Surveyor shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Surveyor or of any sub - contractor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Surveyor or any subcontractor who, in the opinion of the City, is unable to perform in accordance with the terms of this contract, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. ARTICLE 13. SUBCONTRACTS The Surveyor shall not subcontract or otherwise transfer any portion of the work authorized in this contract unless specifically approved in writing by the City. Subcontractors shall comply with the provisions of this contract, and subcontracts in excess of $25,000 shall include the required provisions of this contract. No subcontract will relieve the Surveyor of its responsibility under this contract. srvybakr.doc /twspecs 4 ARTICLE 14. SUCCESSORS AND ASSIGNS The City and the Surveyor each binds itself, its successors, executors, administrators and assigns of such other party in respect to all covenants of this agreement. The Surveyor shall not assign, subcontract, or transfer its interest in this agreement without the written consent of the City. ARTICLE 15. CERTIFICATE OF INSURANCE The Surveyor shall fiunish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the Contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 16. REMEDIES Violation or breach of contract terms by the Surveyor shall be grounds for termination of the contract, and any increased cost to the City arising from Surveyor's default, breach of contract, or violation of terms shall be paid by the Surveyor. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 17. TERMINATION This contract may be terminated before the completion date established in Article I, "Contract Period," by any of the following conditions: A. By mutual consent and agreement of both parties hereto. B. By the City, by notice in writing to the Surveyor as consequence of failure by the Surveyor to perform the services herein set forth in a satisfactory manner and within the limits provided, with proper allowances being made for circumstances beyond the control of the Surveyor. C. By either party, upon the failure of the other party to fulfill its obligations as set forth in the Scope of Services attached hereto and labeled Attachment A and Attachment B, giving written notice one to the other establishing the effective date of termination. D. By the City, for reasons of its own and not subject to the mutual consent of the Surveyor, upon not less than thirty days written notice to the Surveyor. srvybakr.doc /twspscs 5 E. By satisfactory completion of all services and obligations described herein. Should the City terminate this contract as herein provided, no costs other than costs due and payable at the time of termination shall thereafter be paid to the Surveyor. In determining the value of the work performed by the Surveyor prior to termination, the City shall be the sole judge. Payment for work at termination will be based on work completed at that time, including partially completed surveys, subject to the conditions established in the paragraph following. In the case of partially completed surveys, eligible costs will be calculated on the number of hours documented to the satisfaction of the City multiplied by the hourly rate for the appropriate crew size plus additional cost authorized in Attachment C, 'Basis for Payment," incurred to the date of termination remaining unpaid. If the Surveyor defaults in performance of this contract or if the City terminates the contract for fault on the part of the Surveyor, the City will give consideration to the actual surveys performed to the date of default, the cost to the City of employing another firm to complete the required work, and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default If the termination of this contract is due to the failure of the Surveyor to fulfill its obligations, the City may take over the project and prosecute the work to completion by contract or otherwise. In such case, the Surveyor shall be liable to the City for any additional cost occasioned the City thereby ARTICLE 18. COMPLIANCE WITH LAWS The Surveyor shall comply with all Federal, City, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts, or administrative bodies or tribunals in any matter affecting the performance of this contract, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations, and nondiscrimination laws and regulations. When required, the Surveyor shall furnish the City with satisfactory proof of compliance therewith. ARTICLE 19. CITY INDEMNIFIED The Surveyor shall save harmless the City from all claims and liability due to activities of the Surveyor, its agents, or employees, performed under this contract and which result from an en omission, or negligent act of the Surveyor or of any person employed by the Surveyor. The Surveyor shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as the result of such activities by the Surveyor, its agents, or employees. srvybakr.doc /twspecs 6 ARTICLE 20. NONCOLLUSION The Surveyor warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Surveyor, to solicit or secure this contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Surveyor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this wan-anty, the City shall have the right to annul this contract without liability or to deduct, at its discretion, from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. srvybakr.doc /twspecs 7 The undersigned signatory or signatories for the Surveyor hereby represent and warrant that the signatory is an officer of the organization of which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Surveyor have executed these presents in duplicate. Baker - Aicklen & Associates, Inc. THE SURVEYOR By: V, a/ f Signature /t. G✓cG /Arl tJ,feLT2 Printed Name Title Date mailing Addresses: For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Surveyor: Baker- Aicklen & Associates, Inc. Attn: Bill Waeltz, P.E. 203 East Main Street, Suite 201 Round Rock, Texas 78664 srvybakr. doc /twspecs 8 ARTICLE 21 SIGNATORY WARRANTY City of Roun Rock: By ( For the City: Charles Culpe p}� or City of Round Rock Public Works Attn: Tom Word, P.E. 2008 Enterprise Dr. Round Rock, TX 78664 srvyba kr.doc /twspecs 9 ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY A. The City will provide the specification requirements for all surveyors. I . All work shall meet or exceed the current Texas Society of Professional Surveyors "Manual of Practice for Land Surveying in Texas" and shall be accomplished in a neat and workmanlike manner subject to approval of the City. 2 . The City will define the category and condition of the project with each work assignment. Work orders will be issued in accordance with Article 4 of this contract and will be given a work order number. When instructed by the City, the surveyor will provide a cost estimate and estimated completion date for individual work orders issued under this contract. The Surveyor shall submit a monthly statement summarizing the cost expended on each work order issued along with the Billing Statement. 3 . Materials used to set horizontal and vertical control points should be semi- permanent. They should be iron rods of a length to be determined by resistance of the soil predominant on the project, or in the case of paved surface, railroad spikes, cotton spindles or concrete nails should be used. Control points set should be driven flush with the ground or paved surfaces. 4. The Surveyor shall provide temporary signing and traffic control in and near his operations to adequately comply with provisions of the Texas Manual of Uniform Traffic Control Devices. All signs, flags and safety equipment are to be provided by the Surveyor. 5. Work hours will include travel time from the Surveyor's office to the project and return to the Surveyor's office. 6. All horizontal control surveys shall have a minimum of two sets of direct and reverse sightings at each occupied control traverse point. Vertical control surveys shall utilize the three -wire method of leveling. 7 . Surveyors minimum equipment will include a 3 -wire level, theodolite and electronic distance measuring device capable of meeting or exceeding the accuracy standards in the current Texas Society of Professional Surveyors "Manual of Practice for Land Surveying in Texas", plus the normally required devices for surveying. Preferred equipment shall include electronic total stations and data collectors with necessary computer software compatible with City's computer system (Autocad & Geopak). 8. No reimbursement for vehicle mileage will be made. 9. The Surveyor shall submit request for payment to the City within 30 days after costs are incurred but not more frequently than monthly. 10. The City may require some surveys to be performed in metric units. The Surveyor must be prepared to submit all survey data in the metric units when instructed to do so. B. The City will periodically inspect equipment and procedures of the Surveyor. C. City personnel will maintain oversight of all contract services provided by the Surveyor through periodic inspections. D. Surveying firms selected for this contract will be utilized on an as needed basis by the City. The City will attempt to keep the Surveyor informed on upcoming work orders to enable the Surveyor to schedule his workload. Emergency work orders may occasionally require the Surveyor to respond in 24 hours notice. srvybakr.doc /tws,ocs 10 ATTACHMENT B SERVICES TO BE PROVIDED BY THE SURVEYOR The City agrees to employ the Surveyor and the Surveyor agrees to perform specified services for the City as identified in the work order(s) executed under this contract. srvybakr_ doc /twspccs 11 BASIS OF PAYMENT FEE SCHEDULE HOURLY RATES SPECIAL DIRECT EXPENSES srvybakr. doc /twspecs 12 Attachment C Contract Number The following rates include salaries, equipment vehicle mileage and supplies to provide professional land surveying services for the City during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. Two Person Survey Crew $ 90.00 per hour Three Person Survey Crew $105.00 per hour Four Person Survey Crew $115.00 per hour Registered Surveyor $ 80.00 per hour Surveying Technician $ 55.00 per hour Flag Person $ 30.00 per hour Secretary /Typist $ 35.00 per hour G.P.S. Field Unit with Operator * $ 90.00 per hour G.P.S. Field Unit without Operator * $ 50.00 per hour G.P.S. Data Processor $ 65.00 per hour Special supplies and expenses required by special requests will be invoiced at actual cost and include, but are not limited to, aerial panel material, purchased maps, or reproduction costs. * Rates apply to actual time GPS units are in use. All other time will be charged as appropriate normal field rates. DATE; November 6,1998 SUBJECT: City Council Meeting — November 12, 1998 ITEM: 10.B.9. Consider a resolution authorizing the Mayor to execute a surveying contract with Baker- Aicklen & Associates, Inc. for professional surveying services for transportation projects. The annual contract will run from November 13, 1998 until September 30, 1998 and has a not to exceed payment limit of $50,000.00. Staff Resource Person: Jim Nuse, Public Works Director.