CM-05-12-215Request for City Council/City Manager Action
0 City Councils City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Planning Department/GIS
Contact Person: Vickie Moreno/Kathy Miller
Project
Manager/Resource: Jim Stendebach
Project Coordinator: Jim Stendebach
Assigned Attorney: Veronica Rivera
Council or
City Manager
Agenda Date: City Manager - November 18, 2005
Blue Sheet Wording
Consider an agreement authorizing the City Manager to execute a Professional Service Agreement with Baker-Aicklen & Associates, Inc. for preparation of metes and bounds description and
sketch to accompany Field Notes for Annextion of Chandler Road ROW.
For Administration Use ONLY
Tag# C'` ..-
Documents
Received
Return to:
Return date:
CC: Lynn Olsen
Project Name: Chandler Creek ROW for Seton facility in RR
ContractorNendor: Baker-Aicklen & Assoc., Inc.
Funding Source:
Amount:
Professional Services (5216-100-14000)
$750.00
Finance Information
Is Funding Required?
Yes
No
Initial Construction Contract
Construction Contract Amendment
Change Order #
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. Agr. #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Amount
$750
Other (Please clearly identify action on lines below)
Finance Approval
Finance n/a L. Olsen Date
®Finance N/A E. Wilson Date
ED Purchasing HB Date
âť‘Budget Cheryl Delaney Date
11/15/2005
11/14/2005
11/14/2005
11/16/2005
For Submission to City Manager Oniv
Project Mgr. Signature:
Dept. Director Signature:
City Attorney Signature
City Manager Signature:
41161k
al Approval is required for all items requesting City Manager's approval.
Date: 12-- It(
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Date: ii?//67o
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Date: -1 LpF
Updated 3-9-05
DATE: December 14, 2005
SUBJECT: City Manager Approval at the December 16, 2005 Staff Meeting
ITEM: Consider an agreement authorizing the City Manager to
execute a Professional Service Agreement with Baker-
Aicklen & Associates, Inc. for preparation of metes and
bounds description and sketch to accompany Field Notes
for Annexation of Chandler Road ROW.
Department: Planning
Staff Person: Jim Stendebach, Planning Director
Justification:
This agreement is for preparation of metes and bounds description and
sketch to accompany field notes for annexation of FM 1460 ROW/Seton
Tract.
Funding:
Cost: None
Source of funds: None
Outside Resources:
Background Information:
Public Comment:
Baker-Aicklen & Associates, Inc.
Funds were budgeted in account no. 5216-
100-14000 for annexation field notes.
None required.
BAKEIR-AICKLEN
& ASSOCIATES, INC.
ENGINEERS/SURVEYORS
Design
Professional
Firm:
Date:
LIMITED SERVICES AUTHORIZATION
BAKER-AICKLEN & ASSOC., INC.
405 Brushy Creek Road
Cedar Park, Texas 78613
November 4, 2005
Client: City of Round Rock, Planning Dept
301 Bagdad, Ste. 210
Round Round, TX 78664
Attn: Bernadette Hayes
Ph: 218-5429 Fax: 218-3286
Contract No.: 05-7244
Project Name/Location:
Chandler Creek ROW for Seton Facility in Round Rock, Texas
Scope/Intent and Extent of Services:
1. Prepare a metes and bounds description with a sketch for 4.66 acres of Chandler Road right-of-way
for Annexation.
Fee Arrangement:
Lump sum basis in the amount of $750.00, plus reimbursable expenses.
Special Conditions:
Prepared bv:
Parker J. Graham, RPLS
(Printed Name/Title)
The Professional Services Agreement on the reverse
side of this form as well as the attached rate schedule
are a part of this Agreement.
nature) Date
Joe M. Baker, PE, RPLS, President
(Printed Name/Title)
Baker-Aicklen & Associates, Inc.
(Name of Design Professional Firm)
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(Printed Name/Title) (`
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(Name of Client)
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PROFESSIONAL SERVICES AGREEMENT
CITY OF ROUND ROCK, as CLIENT engages Baker-Aicklen & Associates, Inc. as ENGINEER/SURVEYOR to perform professional services for the
assignment described on the reverse side.
I. 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 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/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 that 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
practice.
II. COMPENSATION: CLIENT agrees to pay ENGINEER/SURVEYOR 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: $750.00 plus reimbursable expenses.
B. ADDITIONAL SERVICES: ENGINEER'S/SURVEYOR'S compensation will be on an hourly -charge basis for personal services 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;
2. REIMBURSABLE EXPENSES: Expenses in connection with Additional Services shall include transportation and subsistence, cost of
ENGINEER'S/SURVEYOR'S field office, reproduction, subcontracts and similar items. 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. Reproduction performed in ENGINEER'S/SURVEYOR'S office: at prevailing commercial rates.
c. All others: actual cost to ENGINEER/SURVEYOR plus 10% service charge.
III. PAYMENTS: ENGINEER/SURVEYOR will invoice CLIENT semi-monthly in amounts based on ENGINEER'S/SURVEYOR'S estimate of the
portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay ENGINEER/SURVEYOR at
his office in Williamson County, Texas, the full amount of each such invoice upon receipt. A charge of 1.5% per month may 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/SURVEYOR 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, CAD files, estimates, specifications, field notes and data are and
shall remain the property of ENGINEER/SURVEYOR; however, Client will be furnished, upon request duplicate copies of original drawings, CAD
files 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. OPINION OF PROBABLE CONSTRUCTION COST: Opinion of probable construction cost prepared by the ENGINEER/SURVEYOR represents
his reasonable skill as a design professional familiar with the construction industry. It is recognized, however, that the 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, the ENGINEER/SURVEYOR cannot and does not guarantee that bids will not vary from any cost estimate prepared
by him.
VI. INSURANCE: ENGINEER/SURVEYOR agrees to maintain worker's 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 covering claims
against ENGINEER/SURVEYOR for damages resulting from bodily injury, death or property damage from accidents arising in the course of services
performed under this Agreement.
VII. LIABILITY LIMITATION: ENGINEER/SURVEYOR 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/SURVEYOR'S professional liability
exceed amount of the total compensation received by ENGINEER/SURVEYOR under this Agreement, limited to a maximum of $750.00.
VIII. 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/SURVEYOR agree that all disputes between them arising out of or relating to this Agreement shall
be submitted to nonbinding mediation and, if necessary, followed by binding arbitration. The CLIENT and the ENGINEER/SURVEYOR further
agree to include a similar mediation/arbitration 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/arbitration provision in all agreements with subcontractors,
subconsultants, suppliers or fabricators
oo retained,
thereby
aproviding for mediation as the primary method for dispute resolution between the parties
fo
to those agreements and, if necessary, Y g
IX. TERMINATION:
A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of
ENGINEER'S/SURVEYOR'S services either by CLIENT or by ENGINEER/SURVEYOR, 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 IX.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either CLIENT or ENGINEER/SURVEYOR, CLIENT shall pay
ENGINEER/SURVEYOR 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 specified in paragraph II.B to all Additional Services performed to date of termination (including all Reimbursable Expenses incurred).
X. SUCCESSORS AND ASSIGNS: CLIENT and ENGINEER/SURVEYOR 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/SURVEYOR 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/SURVEYOR.
XI. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENGINEER/SURVEYOR, except as additionally
stated below:
Limited Professional Services Agreement on reverse side forms a part of this agreement, as well as 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, it shall become invalid unless
ENGINEER/SURVEYOR extends the time in writing.
XIII. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this Agreement on behalf of ENGINEER/SURVEYOR
other than one of its Officers, and then only in writing signed by him.
STANDARD RATE SCHEDULE
Labor Rate Table 44
Effective May 1, 2005, 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
Project Manager Rates
Project Engineer/Surveyor/Planner $120 per hour
GIS Project Manager $115 per hour
Staff Engineer/Surveyor/Planner $105 per hour
Project Designer/Coordinator $105 per hour
Engineering/Surveying/Planning Associate $105 per hour
Engineering/Surveying/Planning Assistant $100 per hour
GIS Analyst $ 85 per hour
Senior Engineering/Surveying CAD Technician/Field Representative $ 75 per hour
Engineering/Surveying CAD Technician/Field Representative $ 75 per hour
CAD/GIS Technician $ 65 per hour
Administrative Assistant $ 55 per hour
Expert Witness/Testimony/Deposition Services $ 55 per hour
Department Head Two Times Rate
Branch Manager $125 per hour
Principal (as appropriate) $135 per hour
$150 per hour
FIELD PARTY SERVICES
1 -Man Field Party Rates
2 -Man Field Party $ 75 per hour
3 -Man Field Party $115 per hour
4 -Man Field Party $145 per hour
$175 per hour
DIRECT EXPENSES
Transportation:
By Firm's Passenger Vehicles (Note 1)
By Firm's Survey Trucks (Notes 1, 2, 3 & 4) $ 0.40 per mile
Direct Expense - Reproduction & Printing by Firm, $ 0.40 per mile
Survey Stakes, Lathes, Iron Rods, Prevailing Com -
Or
Subsistence of out -of -city services, and other Direct Expense mCost ost Rases
CPlus 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. The firm's professional liability is limited to the total amount of compensation under the Professional Services
Agreement to a maximum of $750.00.
BAKER-AICKLEN
& ASSOCIATES'., INC..
ENGINEERS/SURVEYORS