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CM-13-12-275ROUND ROCK, TEXAS PURPOSE MSION PMYSPERRY. City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing Contract for Surveying Services with Baker-Aicklen & Associates, Inc. for the Old Settlers Park Survey Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/27/2013 Dept Director: Rick Atkins, Director Cost: $45,910.00 Indexes: General Self -Financed Construction Attachments: 12-27-13 LAF OSP Survey, 12-27-13 OSP 240 acre Design Survey Department: Parks and Recreation Department Text of Legislative File CM -13-12-275 This item will authorize the City to execute a contract for surveying services for the proposed multipurpose field complex, soccer field improvements, and Rock N River expansion. Staff recommends approval of this item. City of Round Rock Page 1 Printed on 12/26/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: PARD Project Mgr/Resource: David Buzzell Council Action: ORDINANCE Agenda Wording Project Name: Old Settlers Park Survey ContractorNendor: Baker-Alcklen & Associates, Inc. I RESOLUTION QCity Manager Approval CMA Wording Consider executing Contract for Surveying Services with Baker-Aicklen & Associates, Inc. for the Old Settlers Park Survey Project. AttorneyiApproval Attorney Notes/Comments Date k .i jc a 13 O:1wdox1SCCInts10199113431MISC100289430.XLS Updated 6/3/08 BAKER-AICKLEN & ASSOCIATES, INC. E.,q.rsa.v 9vvr,—.,r„ GIS fanners nrc'-:act. TBPE #F-45 / TLSF #100231 / TBAE # 1787 LIMITED SERVICES AUTHORIZATION Design Professional Firm: Date: BAKER-AICKLEN & ASSOC., INC. 507 West Liberty Avenue Round Rock, Texas 78664 December 5, 2013 Project Name/Location: ± 240 Acres, Old Settlers Park,_ Round Rock, Texas Client: City of Round Rock Attn: David Buzzell, RLA, ASLA 301 W. Bagdad, Suite 250 Round Rock, TX 78664 Phone/Fax: P: 512.341.3345 F: 512.218.5548 Email: dbuzzell@xoundrocktexas.gov Contract No. 13-3189 Scope/Intent and Extent of Services: 1. Prepare a TSPS Category 6, Condition II Topographic Survey of approximately 240 acres of land (see attached exhibit). 2. Provide six benchmarks at locations as designated by client. 3. Utility locate request to be submitted to Texas 811, all utility markings to be incorporated into survey. Fee Arrangement: Fixed Fee basis in the amount of $45,910.00, plus reimbursable expenses. Special Conditions: 1. Assisting the Client in resolution of any boundary conflicts or discrepancies identified during the course of the survey will be handled as an additional service. 2. 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. Prepared by: Parker J. Graham, RPLS / Survey Manager (printed name/title) Offer 12/5/13 (signature) date R. David Strutton, Vice President (printed name/title) Baker-Aicklen & Associates, Inc. (name of Design Professional Firm) CM -13- i. -ass The Professional Services Agreement as well as the attached rate schedule are a part of this Agreement. Acce /2A7/1 (signature) date 5kevMo\-wooc\ CO\1 N\Oono e\el (printed name/title) (name of Client) . 1 M J o 1 ,1 t I _ PROFESSIONAL SERVICES AGREEMENT CITY OF ROUND ROCK, as CLIENT engages Baker-Aicklen & Associates, Inc. as ENGINEER/SURVEYOR/LANDSCAPE ARCHITECT/PLANNER (ENG/SURV/LA/PLA) to perform professional services for the assignnent described on the attached proposal. SERVICES: ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA for above described services in accordance with the following descriptions, definitions, terms and conditions. A. BASIC SERVICES: Compensation will be on a fixed fee basis for: $ . plus reimbursable expenses. B. ADDITIONAL SERVICES: ENG/SURV/LA/PLA compensation will be on an hourly -charge basis for personnel 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 ENG/SURV/LA/PLA field office, reproduction, subcontracts and similar items. Such expenses shall be reimbursed at the following rates: a. Transportation by ENG/SURV/LA/PLA vehicles: at ENG/SURV/LA/PLA standard rates. b. Reproduction performed in ENG/SURV/LA/PLA office: at prevailing commercial rates. c. All others: actual cost to ENG/SURV/LA/PLA plus 15% service charge. III. PAYMENTS: ENG/SURV/LA/PLA will invoice CLIENT semi-monthly in amounts based on ENG/SURV/LA/PLA estimate of the portion of the Basic Services completed, plus charges for Special Services performed. CLIENT agrees to promptly pay ENG/SURV/LA/PLA 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, ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA; 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 ENG/SURV/LA/PLA represents his reasonable skill as a design professional familiar with the construction industry. It is recognized, however, that the ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA cannot and does not guarantee that bids will not vary from any cost estimate prepared by him. VI. INSURANCE: ENG/SURV/LA/PLA agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for CLIENT under this Agreement. ENG/SURV/LA/PLA also agrees to maintain public liability insurance covering claims against ENG/SURV/LA/PLA 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: ENG/SURV/LA/PLA shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skill in performing the services for the assigrment covered by this Agreement. In no event shall ENG/SURV/LA/PLA professional liability exceed amount of the total compensation received by ENG/SURV/LA/PLA under this Agreement, limited to a maximum of $50,000. 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA 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 so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements and, if necessary, followed by binding arbitration. IX. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may be terminated without cause at any time prior to completion of ENG/SURV/LA/PLA services either by CLIENT or by ENG/SURV/LA/PLA, 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 ENG/SURV/LA/PLA, CLIENT shall pay ENG/SURV/LAJPLA 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA. XI. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and ENG/SURV/LA/PLA, 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 ENG/SURV/LA/PLA 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 ENG/SURV/LA/PLA other than one of its Officers, and then only in writing signed by him. 7/12 LSA/FF STANDARD RATE SCHEDULE Labor Rate Table 60 Effective January 1, 2013 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 Sr. Project Manager$175 er hour Rates Managing Planner $170 per hour Managing Landscape Architect $170 per hour Managing Surveyor/GIS $170 per hour $170 per hour er hour Sr. Landscap eArchitect $150 per hour Sr. Project Engineer/Surveyor/Planner $150 per hour Construction Manager $150 per hour Sr. Project Engineering/Surveying/Planning/GIS Coordinator $140 per hour Project Engineer/Surveyor/Planner $130 per hour Project Engineering/Surveying/Planning/GIS Coordinator $130 per hour Sr. Project Engineering/Surveying/Planning/GIS Designer $120 per hour Sr. Project Engineering/Surveying/Planning/GIS Associate $115 per hour Project Engineering/Surveying/Planning/GIS Designer $110 per hour Project Landscape Architect $110 per hour $105 per hour $100 per hour $90 per hour g y g Technician $85 per hour CAD/GIS Computer Operator $70 per hour Administrative Assistant $70 per hour Expert Witness/Testimony/Deposition Services Double Rate Department Manager $175 per hour $240 per hour Rates $85 per hour $150 per hour $185 per hour $225 per hour Managing Construction Manager Prosect Mana er Engineering/Surveying/Planning/GIS Associate Engineering/Surveying/Planning/GIS Assistant Sr. Engineering/Surveying/GIS CAD Technician En ineerin /Surve in /GIS CAD Principal (as appropriate) FIELD PARTY SERVICES 1 -Man Field Party 2 -Man Field Party 3 -Man Field Party 4 -Man Field Party DIRECT EXPENSES Transportation: By Firm's Passenger Vehicles Charged at current IRS allowable rate By Firm's Survey Trucks (Notes 1, 2, & 3) Charged at current IRS allowable rate Direct Expense - Reproduction & Printing by Firm, Prevailing Survey Stakes, Lathes, Iron Rods, Commercial Rates Or Subsistence of out -of -city services, and other Direct Expense Cost Plus 15% * Not default rates. These rates are used as required in special situations only and with Client notification. NOTES: 1. Field Party rates include 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. 2. Field party time charge will be made for show -up time and return to office, resulting from inclement weather conditions, etc. 3. Field Party stand-by time will be charged for at the above -shown appropriate rates. 4. The firm's professional liability is limited to the total amount of compensation under the Professional Services Agreement to a maximum of $50,000. 04-01-13 BAKER-AICKLEN & ASSOCIATES, INC. EN,irmp 1 Sweyr., i 0151 PL,im t : Lvy*r.. s, a t,15 et¢