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CM-05-02-019�o -1.) 0 V10, -v) Request for City Council/City Manager Action Please submit this form when placing items on the council agenda or when submitting an item to the City Manager for approval. Department: Contact Person: Project Name: PARD Vanessa Shrauner Brushy Creek East Trail ContractorNendor Name: Baker-Aicklen & Assoc., Inc. Project Manager/Resource: M. James Hemenes Council Meeting Date: N/A Funding Source: Williamson County Contributions & TPWD Assigned Attorney: Veronica Rivera Amount: $1,500.00 (contract, agreement,amendment,change order, purchase order,etc.) -tD \far" dd Is Funding Required? Yes Council Agenda Item Yes Submission to City Manager - Yes x x No 0 Nolx l No (see required signatures below before submission to the City Manager) Amount ElInitial Construction Contract ElConstruction Contract Amendment # ▪ Change Order #_ =Change in Quantity =Unforeseen Circumstances x❑ Initial Professional Services Agreement 1,500.00 ▪ Supplemental Professional Svcs. Agr. #_ ▪ Purchasing/Service Agreement ElPurchase Order Item(s) to be purchased: ▪ Other (Please clearly identify action on lines below) Agenda Wording: This Professional Services Agreement will provide for the revision of the Easement Document that is necessary to construct the segment of the Brushy Creek East Trail that runs through the Freeman Tract. For Submission to Cit Project Mgr. Signature: Dept. Director Signature City Attorney Signature: City Manager Signature: Date: Date: Date: Date: • -342/ QS o5 * Le'�• proval is required for all items requesting City Manager's approval. Finance Approval 0 Finance -Date and Signature: ▪ Purchasing -Date and Signature: L. Olsen 1-26-05 N/A ESW gladministrationlcmgr-council action .xis 7-14-04 DATE: SUBJECT: ITEM: BLUE SHEET FORMAT February 3, 2005 City Manager Approval — February 4, 2005 Request for approval of a Professional Services Agreement with Baker-Aicklen & Associates, Inc. for limited surveying and the revision of an existing exhibit of the Freeman Tract Easement for the Brushy Creek East Trail Project. Department: Staff Person: PARD Sharon Prete, Parks and Recreation Director M. James Hemenes, Park Development Manager Justification: Professional services needed for the revision of an existing exhibit to accompany an Easement Agreement. This Easement Agreement is necessary to construct the Brushy Creek East Trail Project. The revision is necessary to allow for a change in the alignment of the proposed trail. Funding: $1,500,000.00 Cost: $1,500.00 Source of funds: Williamson County Contributions and TPWD Grant Outside Resources: Baker-Aicklen & Associates, Inc. Background Information: Based on the most recent City -Wide Surveys, Trails have been identified as the number one request by citizens for recreation opportunities. From this, the City -Wide Trail System CIP Program was formed. The CORR Parks and Recreation Department (PARD) has been tasked with developing hike and bike trails for recreation, as well as connectivity. The latest project in these efforts is the Brushy Creek East Trail, which will consist of approximately 2.5 miles of trail and various other improvements. The project is funded by Williamson County and the Texas Parks and Wildlife Department. Public Comment: N/A Blue Sheet Format Updated 01 /20/04 BAKER-AICKLEN & ASSOCIATES, INC. ENGINEERS/SURVEYORS Design Professional Firm: Date: LIMITED SERVICES AUTHORIZATION BAKER-AICKLEN & ASSOC., INC. 203 E. Main St., Suite 201 Round Rock, Texas 78664 January 28, 2005 Client: City of Round Rock LS -1* -03 301 W. Bagdad, Ste. 250 Round Rock, TX 78664 Attn: James Hemenes Contract No.: 05-7014 Project Name/Location: Revise one trail easement and provide an additional easement across the Freeman tract on Brushy Creek, Round Rock, Texas. Scope/Intent and Extent of Services: 1. Prepare one revised certified metes and bounds description with sketch for a hike and bike trail corridor easement across from the Freeman tract in the City of Round Rock, Williamson County. 2. Prepare an additional certified metes and bounds description with sketch for a hike and bike trail corridor easement across from the Freeman tract in the City of Round Rock, Williamson County. Fee Arrangement: Lump Sum basis in the amount of $1,500.00, plus reimbursable expenses. Special Conditions: 1. This proposal does not include fees for setting or recovering property pins. 2. This proposal does not include fees for additional topographic or design surveys. 3. Any requested services not specifically covered by the above -listed Scope of Services will be provided on an actual time and materials expended basis in accordance with the attached Standard Rate Schedule, upon authorization from the City of Round Rock. Prepared by: R. David Strutton, R.P.L.S. (Printed Name/Title) ifff Ot/or Date A. William Waeltz, P.E, Branch Manager (Printed Name/Title) Baker-Aicklen & Associates, Inc. (Name of Design Professional Firm) The Professional Services Agreement on the reverse side of this form as well as the attached rate schedule are a part of this Agreement. Accepted by: ature) Fames R . Nose:, PC. (Printed Name/Title) Date ('rhil o \ found POOL (NameEa Client) PROFESSIONAL SERVICES AGREEMENT FOR USE WITH CONTRACTS WITH CITY OF ROUND ROCK, TEXAS CITY OF ROUND ROCK, as CLIENT, engages Baker-Aicklen & Associates, Inc. as ENGINEER/SURVEYOR to perform professional services for the Project described on the attached Limited Services Authorization. SERVICES: ENGINEER/SURVEYOR agrees to perform Basic Services and Additional Services in conformance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: See reverse side. B. ADDITIONAL SERVICES: All work performed by ENGINEER/SURVEYOR which is either described in this Section IB or not included in the Basic Services defined above shall constitute Additional Services. These shall include: 1. Travel to points other than ENGINEER'S/SURVEYOR'S or CLIENT'S offices and project site. 2. Copies of final reports, studies, drawings and other data in excess of one (1) set or as otherwise specified. 3. Revisions to approved reports, studies, drawings and other data. 4. Other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted engineering practices. II. COMPENSATION: CLIENT agrees to pay ENGINEER/SURVEYOR for the above-described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be on a lump -sum plus reimbursable basis for: $1,500.00 plus reimbursable expenses only as herein delineated: transportation and reproductions. B. ADDITIONAL SERVICES: ENGINEER'S/SURVEYOR'S compensation will be on an hourly -charge basis for personal services plus reimbursable expenses (as defined below). 1. HOURLY CHARGE: Hourly charges are to be based on the current Standard Rate Schedule effective at the time of billing. 2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and the actual costs of subsistence, agreed costs of ENGINEER'S/SURVEYOR'S field office if any, reproductions, subcontracts, and similar items only if agreed. Such expenses shall be reimbursed at the following rates: a. Transportation by ENGINEER'S/SURVEYOR'S vehicles: at ENGINEER'S/SURVEYOR'S standard rates if destination exceeds a 50 -mile radius of ENGINEER'S/SURVEYOR'S office. b. Reproductions performed in ENGINEER'S/SURVEYOR'S offices: at prevailing commercial rates. c. All others: actual cost to ENGINEER/SURVEYOR with no service charge. III. PAYMENTS: ENGINEER/SURVEYOR will invoice CLIENT monthly in amounts based on ENGINEER'S/SURVEYOR'S estimate of the portion of the Basic Services completed, plus charges for any authorized Special Services performed. CLIENT agrees to pay, under the Texas Prompt Payment Act, the full amount of any uncontested charges to ENGINEER/SURVEYOR at its offices in Williamson County, Texas. A charge of 1.5% of the unpaid balance per month may be added to the unpaid balance of invoices due and payable but not paid within 30 days after receipt. If a due and payable invoice remains unpaid after 60 days, ENGINEER/SURVEYOR may, without waiving any claim or right against CLIENT, and without liability to the CLIENT, terminate the performance of services hereunder. Retainers shall be credited on the final invoice. IV. OWNERSHIP OF DOCUMENTS: Drawings, reports, specifications and other documents, including those in electronic form, prepared by ENGINEER/SURVEYOR are for use solely with respect to this Project. All designs and work product under this Agreement, completed or partially completed, shall be the property of CLIENT to be used as CLIENT desires, without restriction on future use; by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, ENGINEER/SURVEYOR hereby conveys, transfers and assigns to the City of Round Rock all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by ENGINEER/SURVEYOR. V. OPINION OF PROBABLE CONSTRUCTION COST: Opinion of probable construction cost prepared by ENGINEER/SURVEYOR represents reasonable skill as a firm with design professionals familiar with the construction industry in the area of the Project. It is recognized, however, that ENGINEER/SURVEYOR has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, ENGINEER/SURVEYOR cannot and does not guarantee that bids will not vary from any cost estimate prepared by ENGINEER/SURVEYOR. VI. INSURANCE: ENGINEER/SURVEYOR agrees to maintain workers' compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. ENGINEER/SURVEYOR also agrees to maintain public liability insurance in amounts and with companies acceptable to CLIENT covering claims against ENGINEER/SURVEYOR for damages resulting from bodily injury, death or property damage for accidents arising in the course of services performed under this Agreement. VII. LIABILITY LIMITATION: As to professional competence issues, ENGINEER/SURVEYOR shall have no liability to CLIENT or others beyond use of reasonable skill as a firm with design professionals familiar with the construction industry in the area of the Project. In no event shall ENGINEER'S/SURVEYOR'S professional liability exceed the amount of the total cornpensation received by ENGINEER/SURVEYOR under this Agreement, limited to a maximum of $50,000.00. VIII. DISPUTE RESOLUTION: In an effort to resolve conflicts that arise during the design or construction of the Project or following completion of same, CLIENT and ENGINEER/SURVEYOR agree that disputes between them shall be submitted to nonbinding mediation. Both parties expressly agree that no dispute shall be subject to submission to arbitration of any sort. IX. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be terminated with or without cause at any time prior to completion of ENGINEER'S/SURVEYOR'S services either by CLIENT or by ENGINEER/SURVEYOR, upon 10 days' written notice to the other at the address of record. Termination shall release each party from all obligations of this Agreement, except Sections IV, VIII, and IXB. B. COMPENSATION PAYABLE ON TERMINATION: On termination by either CLIENT or ENGINEER/SURVEYOR, CLIENT shall pay ENGINEER/SURVEYOR for all Basic Services which have been completed, plus an amount fixed by applying the rate specified in Section IIB to all Additional Services performed, if any, to date of termination (including allowable Reimbursable Expenses). X. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER/SURVEYOR each binds itself, and its 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/SURVEYOR shall assign, sublet, or transfer its interest in this Agreement without the express written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than CLIENT and ENGINEER/SURVEYOR. XI. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER/SURVEYOR, except as follows: Limited Services Authorization attached hereto forms a part of this Agreement, as well as the attached Standard Rate Schedule that may change without notice in consideration of changes in price indices and pay scales applicable to the period when services are in fact being rendered. XII. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date tendered by ENGINEER/SURVEYOR, it shall become invalid unless ENGINEER/SURVEYOR extends the time in writing. XIII. MODIFICATIONS: No one has authority to make variations in, or additions or deletions to, the terms of this Agreement on behalf of ENGINEER/SURVEYOR other than one of its Officers, and then only in writing signed by that person. STANDARD RATE SCHEDULE Labor Rate Table 40 Effective October, 2003, 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 Rates Project Manager $120 per hour Project Engineer/Surveyor/Planner $115 per hour GIS Project Manager $105 per hour Staff Engineer/Surveyor/Planner $100 per hour Project Designer/Coordinator $ 95 per hour Engineering/Surveying/Planning Associate $ 90 per hour Engineering Assistant/Surveying Assistant/GPS Processor $ 75 per hour GIS Analyst $ 70 per hour Engineering/Surveying CAD Technician/Field Representative $ 65 per hour Administrative Assistant $ 55 per hour CAD Draftsman $ 50 per hour GIS Technician $ 40 per hour Expert Witness/Testimony/Deposition Services Two Times Rates Department Head $125 per hour Branch Manager $135 per hour Principal (as appropriate) $150 per hour FIELD PARTY SERVICES Rates 1 -Man Field Party $ 75 per hour 2 -Man Field Party „„_ $100 per hour 3 -Man Field Party __ .. $125 per hour 4 -Man Field Party _...... $150 per hour GPS Field Unit with Operator (Note 5) $100 per hour GPS Field Unit without Operator (Note 5) $ 60 per hour DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles (Note 1) $ 0.35 per mile By Finn's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.35 per mile Subsistence of out -of -city services $120.00 per day Reproduction & Printing by Firm, ...„..... Prevailing Com - Survey Stakes, lathes, Iron Rods _.... mercial Rates Or and other Direct Expense Cost, Plus 10% otes: 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 CIPS units are in use. All other time will be charged as appropriate normal field party rates. 6. The funis professional liability is limited to the total amount of compensation under Bre Professional Services Agreement to a maxim= of$50,000. ' BAKER•AtoKLEN lk a aasocsocrea. ala. ENGINEERS/SURVEYORG Baker-Aicklen & Associates, Inc. 203 East Main Street, Suite 201 Round Rock, TX 78664 Phone 512-244-9620 Fax 512-244-9623 Invoice To: CITY OF ROUND ROCK 221 East Main Street, Suite 300 Round Rock, TX 78664 Invoice No. 20503071 Invoice Date: March 28, 2005 Project: 0601-2-098 FREEMAN TRACT ON BRUSHY CREEK ATTN: JIM NUSE Manager: R. DAVID STRUTTON Professional Services for the Period Through: 3/13/2005 Billing Group: 20 Phased Fixed Fee Contract #: 05-7014 REVISE A TRAIL EASEMENT AND PREPARE AN ADDITIONAL EASEMENT Total Project Invoice Amount: Billing Fee: % of % Phase Fee Total Fee Complete Fee Earned Prior Billing $1,500.00 100.00 100.00 $1,500.00 $0.00 Phase Subtotals $1,500.00 $1,500.00 Current Fee $1,500.00 Phase Billing Totals $1,500.00 We now accept American Express. $1,500.00 Aged Receivables: Current 31-60 Days 61-90 Days 91-120 Days > 120 Days $1,500.00 $0.00 $0.00 $0.00 $0.00 All invoices are due upon receipt. A late charge of l.S% will be added to any unpaid balance after 30 days.