CM-2024-269 - 10/25/2024SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR SURVEY SERVICES
RELATED TO THE TOWN GREEN PROJECT WITH
DIAMOND SURVEYING, INC."
CITY OF ROUND ROCK §
STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
THIS SUPPLEMENTAL AGREEMENT NO. I to "City of Round Rock Agreement for
Professional Consulting Services for Survey Services related to the Town Green Project,"
hereinafter called "Supplemental Agreement No. I," is made by and between the CITY OF
ROUND ROCK, TEXAS, a home -rule municipality, hereinafter called the "City" and
DIAMOND SURVEYING, INC. hereinafter called the "Consultant," located at 116 Skyline
Road, Georgetown, Texas 78628.
WHEREAS, the City and Consultant previously executed the referenced "City of Round
Rock Agreement for Professional Consulting Services for Survey Services related to the Town
Green Project," hereinafter called the "Agreement," in the amount of $14,670.00; and
WHEREAS, it is necessary to amend the Scope of Services and add additional costs to
the Agreement in the amount of $6,680.00;
NOW THEREFORE, in consideration of the mutual promises and obligations in the
Agreement and this Supplemental Agreement No. 1, the City and Consultant agree that said
Agreement is amended and supplemented as follows:
I.
Section 2.0 of the Agreement is hereby amended to read as follows:
2.0 SCOPE OF SERVICES
Consultant has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A" titled "Scope of Services," and the Addendum to Exhibit "A,"
attached hereto, which shall be referred to as the Scope of Services of this Agreement and said
Exhibits shall be incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A" and the Addendum to Exhibit "A." Consultant shall perform services in accordance
4858-6072-0605.ss2
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with this Agreement, in accordance with the appended Scope of Services and in accordance with
due care and prevailing consulting industry standards for comparable services.
II.
Section 3.0 of the Agreement is hereby amended to read as follows:
3.0 LIMITATION TO SCOPE OF SERVICES
Consultant's undertaking shall be limited to performing services for City and/or advising
City concerning those matters on which Consultant has been specifically engaged. Consultant
and City agree that the Scope of Services to be performed is enumerated in Exhibit "A," and the
Addendum to Exhibit "A," and may only be modified by written Supplemental Agreement
executed by both parties as described in Section 9.0.
Section 4.0 of the Agreement is hereby amended to read as follows:
4.0 LIMITATION TO SCOPE OF SERVICES
The City agrees to pay Consultant an amount not -to -exceed a total of Twenty -One
Thousand Three Hundred Fifty and No/100 Dollars ($21,350.00) as set forth in the attached
Exhibit "A," and the Addendum to Exhibit "A."
IV.
This Supplemental Agreement No. 1 shall amend the original Agreement only as set forth
herein with no other changes in terms or conditions of the original Agreement.
[Signatures on the following page.]
2
IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental
Agreement to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS
By: IV.cac�o�
Printed Name:
Title: 6T, U" ' N!
tm
Date Signed: 141�s.�y
ATTEST:
By: _ 1"'A
City Clerk
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FOR CITY, APPROVED AS TO FORM:
By: xr
Stephanie L. Sandre, City Attorney
3
DIAMOND SURVEYING, INC.
By:
Printed Name: Shane Shafer
Title: President
Date Signed: August 27, 2024
Addendum to Exhibit "A"
C> Diamond Surveying, Inc.
Shane Shafer
116 Skyline Road
Georgetown, TX 78628
Phone 93 1 -3 100
T.B.P.E.L.S.10006900
shane(@,,d iamondsurvey ing.com
Proposal No. 2024-03 CORR PARKS DEPT TOWN GREEN ADDITIONAL TOPO SURVEY
August 14, 2024
City or Round Rock
Parks and Recreation Department
301 West Bagdad Ave., Suite 250
Round Rock, TX 78664
Attention: Katie Baker
Re: Proposal for survey services relating to an additional topographic survey not included in
original "City of Round Rock Agreement for Professional Consulting Services for Survey
Services related to the Town Green Project with Diamond Surveying" — CM-2024-194. Due to
multiple discrepancies of approximately 0.3' to 0.5' found in the elevations throughout the site of
the existing topographic survey provided and performed by others Surveyor is seeking additional
survey services to perform a topographic survey of the entire Town Green Site. (North limits
being center of Liberty Ave., east limits being center of N. Mays Street, south limits being center
of Main Street, west limits being center of S. Blair Street). To ensure any inaccurate survey data
from the existing topographic survey will not be included in the new survey file.
We are pleased to submit our proposal for services related to the above referenced project. Below
is our list of proposed Scope of Services and basis of Compensation:
Scope of Services:
1. Additional Topographic Survey: Perform office and field work necessary to perform an
additional topographic survey to include the entire site of the Town Green site (north
limits being center of Liberty Ave., east limits being center of N. Mays Street, south
limits being center of Main Street, west limits being center of S. Blair Street). Locate and
tie above ground utilities, improvements To include inverts to flowlines at Wastewater
and Storm manholes. Surveyor shall take sufficient ground shots to produce one (1) foot
contours. Surveyor shall send electronic ACAD file with survey data to include a signed
and sealed paper plot to scale.
Fee for item 1: $6,680.00
Pagel of 5
Addendum to Exhibit "A"
Basis of Compensation:
We propose to provide the above listed services on a lump sum basis:
Total for the above listed scope of services shall be a total amount of $6,680.00
We shall begin work on this project immediately upon receipt of signed contract. If this proposal
is acceptable, please have the appropriate authority endorse the enclosed agreement and return a
copy to our office for our files.
Thank you for the opportunity to be of service for this Project. We look forward to being a part
of this project.
Sincerely,
Shane Shafer, R.P.L.S.
Page 2 of 5
Addendum to Exhibit "A"
PROFESSIONAL SERVICES AGREEMENT
City of Round Rock Parks and Recreation Department., as CLIENT, engages Diamond Surveying,
Inc., as SURVEYOR to perform professional services for the assignment described as follows:
Survey services relating to an additional topographic survey not included in original "City of
Round Rock Agreement for Professional Consulting Services for Survey Services related to the
Town Green Project with Diamond Surveying" - CM-2024-194. Due to multiple discrepancies of
approximately 0.3' to 0.5' found in the elevations throughout the site of the existing topographic
survey provided and performed by others Surveyor is seeking additional survey services to
perform a topographic survey of the entire Town Green Site. (North limits being center of Liberty
Ave., east limits being center of N. Mays Street, south limits being center of Main Street, west
limits being center of S. Blair Street). To ensure any inaccurate survey data from the existing
topographic survey will not be included in the new survey file.
I. SERVICES: SURVEYOR agrees to perform in conformance with the following description,
definition, terms and conditions. See attached Proposal No 2024-03 CORR PARKS DEPT TOWN
GREEN ADDITIONAL TOPO SURVEY dated August 14, 2024.
11. COMPENSATION: SURVEYOR'S compensation will be on a lump sum basis for professional
services as follows:
Total for the services listed on Proposal No 2024-03 CORR PARKS DEPT TOWN GREEN
ADDITIONAL TOPO SURVEY dated August 14, 2024 shall be a total amount of $6,680.00.
If the Surveyor is requested to perform additional services not included in the Scope of Services listed on
Proposal No 2024-03 CORR PARKS DEPT TOWN GREEN ADDITIONAL TOPO
SURVEY dated August 14, 2024, then the Client will be informed that additional charges will apply, and
upon Client's approval of these charges the additional work will be performed.
III. PAYMENTS: SURVEYOR will be paid in full for total amount earned under this Agreement.
CLIENT agrees to pay SURVEYOR at his office in Georgetown, Texas, the full amount of all
invoices within fourteen (14) days of receipt of any invoices.
IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates,
specifications, field notes and data are and shall remain the property of SURVEYOR. 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. LIABILITY LIMITATION: 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 SURVEYOR'S liability exceed $50,000.
VI, 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
SURVEYOR 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 SURVEYOR 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.
Page 3 of 5
Addendum to Exhibit "A"
VII. TERMINATION:
A. CONDITIONS OF TERMINATION: This Agreement maybe terminated without cause at any
time prior to completion of SURVEYOR'S services either by CLIENT or by 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 VII.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either CLIENT or
SURVEYOR, CLIENT shall pay SURVEYOR the full amount specified in paragraph II, with
respect to any Surveying Services performed to date of termination (including all Reimbursable
Expenses incurred).
VIII. SUCCESSORS AND ASSIGNS: CLIENT and 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 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 SURVEYOR.
IX. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and
SURVEYOR, except as additionally stated below: Attached letter Proposal No 2024-03 CORR
PARKS DEPT TOWN GREEN ADDITIONAL TOPO SURVEY dated August 14, 2024
forms a part of this agreement.
X. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date
tendered, it shall become invalid unless SURVEYOR extends the time in writing.
Xl. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this
Agreement on behalf of SURVEYOR other than one of its Officers, and then only in writing signed
by him.
City of Round Rock
Parks and Recreation Department
By:
Printed name:
Diamond Surveying, Inc.
By:
Shane Shafer, R.P.L.S.
Date:. Date: August 14, 2024
Page 4 of 5
Addendum to Exhibit "A"
Diamond Surveying, Inc.
SHANE SHAFER, R.P.L.S., PRESIDENT
116 SKYLINE ROAD, GEORGETOWN, TX 78628
OFFICE: (512) 931-3100
T.B.P.E.L.S. Firm No. 10006900
STANDARD RATE SCHEDULE
Effective January 1, 2024, the following rates apply to work performed on a
hourly -charge basis.
DIRECT LABOR
OFFICE PERSONNEL SERVICES
Classification Rates
Registered Professional Land Surveyor ........................................... $170.00 per hour
Project Manager...................................................................... $150.00 per hour
Project Surveyor...................................................................... $115.00 per hour
Senior CADD Technician............................................................$135.00 per hour
FIELD PARTY SERVICES
Classification Rates
1-Man Field Party...................................................................... $130.00 per hour
2-Man Field Party..................................................................... $170.00 per hour
3-Man Field Party..................................................................... $200.00 per hour
Notes:
Field Party rates include conventional equipment, supplies and survey vehicles. Excessive use of
stakes, lathes, etc., will be charged at cost.
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.
Field Party stand-by time will be charged at the above -shown appropriate rates.
Page 5 of 5