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R-02-04-25-11D6 - 4/25/2002Mayor Robert A. Stluka, Jr Mayor Pro -tem Tam Nielson Council Members Alan McGraw Carrie Pin Earl Palmer Isabel Gallahan Gary Coe City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK May 23, 2002 Mr. James M. Grant, Vice President. Ralph Harris Surveyor, Inc. 1406 Hether Street Austin, Texas 78704 Dear Mr. Grant: S'ncerely, N , Christine R. Martinez City Secretary Enclosure Fax: 512- 218 -7097 221 East Main Street Round Rock, Texas 78664 512- 218 -5400 The Round Rock City Council approved Resolution No. R- 02- 04- 25 -11D6 at their regularly scheduled meeting on April 25, 2002. This resolution approves the contract for Phase 2 of the City's Global Positioning System, High Accuracy Reference Network. Enclosed is a copy of the resolution and original Contract for your files. If you have any questions, please do not hesitate to contact Don Rundell at 218 -5554. 1 -800- 735 -2989 TDD 1- 800-735 -2988 Voice www.ci.round- rock.tx.us RESOLUTION NO. R- 02- 04- 2541D6 WHEREAS, the City of Round Rock desires to retain surveying services for Phase 2 of the development of the City's Global Positioning System (GPS), High Accuracy Reference Network (HARN), and WHEREAS, Ralph Harris Surveyor, Inc. has submitted a Contract for Surveying Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Ralph Harris Surveyor, 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 a Contract for Surveying Services with Ralph Harris Surveyor, Inc., for Phase 2 of the development of the City's Global Positioning System (GPS), High Accuracy Reference Network (HARK), a copy of said contract being attached hereto as Exhibit "A" 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. .,00MA \UORLDOX \0,\'fix \RESOLITI \R2042SD6.WPO /sc AT EST: RESOLVED this 25th day of April, 2002. CHRISTINE R. MARTINEZ, City Secreta 2 A. STLUKA, JR. Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON WITNESSETH EXHIBIT Contract No. THIS CONTRACT FOR SURVEYING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called City and Ralph Harris Surveyor, Inc., having its principal business address at 1406 Hether Street, Austin, TX 78704, hereinafter called "Surveyor" for the purpose of contracting for Surveying services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of Surveyors; and WHEREAS, the City desires to contract for surveying services described as follows: Surveying Services for Round Rock HARN, Phase 2: Azimuth Marks. NOW, THEREFORE, the City and the Surveyor, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: A \SURVEY CONfRCL.int-sur.doe AGREEMENT ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part ofthis Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY SURVEYOR The Surveyor shall perform those surveying services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Surveyor, attached hereto and made a part of this Contract. The Surveyor shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Surveyor's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times Page 1 of 12 the Surveyor's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Surveyor of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Surveyor, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Surveyor and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Surveyor shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on November 1, 2002 unless extended by written supplemental agreement duly executed by the Surveyor and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Surveyor shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Surveyor shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Surveyor agrees to accept the lump sum amount shown below as full compensation for the Surveying services to be performed under this Contract. The not to exceed amount payable under this Contract without modification of the Contract is $16,800.00 as shown in Attachment D - Fee Schedule. The not to exceed sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Surveyor shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Surveyor. A \SURVEY CONTRer.int- va.doc Paae 2 of 12 ARTICLE 5 METHOD OF PAYMENT Payments to the Surveyor for services rendered will be made while work is in progress. The Surveyor will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment 11-2. Payment of the sum not to exceed fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Surveyor must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount eamed to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Surveyor of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Surveyor or any costs incurred by the Surveyor relating to additional work not included in Attachment B - Services to be Provided by the Surveyor. The Surveyor shall, from time to time during the progress of the work, confer with the City. The Surveyor shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Surveyor, conferences shall be provided at the Surveyor's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Surveyor's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Surveyor to determine corrective action needed. The Surveyor shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: AISURVEY CON7RCI.int- vs.doc ARTICLE 7 PROGRESS Page 3 of 12 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this maybe done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of teceipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Surveyor is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Surveyor and a written supplemental agreement will be executed between the parties as provided in Article 11. The Surveyor shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Surveyor or any costs incurred by the Surveyor relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Surveyor shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. A\SURVEY CONTRCT.iN- sur,da Page 4 of 12 The Surveyor shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Surveyor until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shallbe finished to the City upon request. All documents prepared by the Surveyor and all documents furnished to the Surveyor by the City shall be delivered to the City upon completion or termination of this Contract. The Surveyor, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance withthe Texas Open Records Act. A:VSURVEY COMRCT.mt- sw-doc Page 5 of 12 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Surveyor shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Surveyor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Surveyor who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Surveyor certifies that it presently has adequate qualified personnel in its employment for performance ofthe services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Surveyor shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Surveyor of any responsibilities under this Contract. The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Surveyor or a subprovider, the Surveyor shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Surveyor's preliminary report will be addressed in the final report. A: \SURVEY CONIRCF.im- sw.doc ARTICLE 15 EVALUATION OF WORK ARTICLE 16 SUBMISSION OF REPORTS ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Page 6of12 Violation of Contract terms or breach of contract by the Surveyor shall be grounds for termination of the Contract and any increased cost arising from the Surveyor's default, breach of contract or violation of contract terms shall be paid by the Surveyor. A15URVEY CUNTRCF.mt -w.doc ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any ofthe following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Surveyor as a consequence of failure by the Surveyor to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Surveyor upon not less than thirty (30) days written notice to the Surveyor. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees 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. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Surveyor defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Surveyor, the City will give consideration to the actual costs incurred by the Surveyor in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required 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. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Surveyor under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Surveyor to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Surveyor shall be liable to the City for any additional cost occasioned the City. Page 7 of 12 The Surveyor shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Surveyor in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Surveyor shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Surveyor shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Surveyor shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, 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 expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Surveyor, its agents, or employees. \ CONTRCT.int-sur doe ARTICLE 21 SURVEYOR'S RESPONSIBILITY The Surveyor shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omi. ions, or negligent acts without compensation. The Surveyor's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Surveyor will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 SURVEYOR'S SEAL The responsible Surveyor shall sign, seal and date all appropriate surveying submissions to the City in accordance with the Minimum Technical Standards of the Texas Board of Professional Public Land Surveying. ARTICLE 23 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 PaeeXof12 not paid or agreed to pay any company, engineer or 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 warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Surveyor shall furnish 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 25 INSPECTION OF SURVEYOR'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Surveyor for the purpose of checking the amount of work performed by the Surveyor at the time of contract termination. The Surveyor shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Surveyor which are directly pertinent to this Contract for the purpose ofmaking audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Surveyor warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. AI SURVEY CONrRCr.imm- sir,doc Paee 9 of 12 ARTICLE 27 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Surveyor for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Surveyor agrees to comply with the Special Provision AComputer Graphics Files for Document and Information Exchange,@ if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Surveyor, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Surveyor shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. k \SURVEY CDN RCF.ina- sua.doc ARTICLE 30 SEVERABILITY ARTICLE 31 PRIOR CONTRACT SUPERSEDED Page 10 of 12 All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 .k1.SURVEY CONIRfT.im -wcdoc ARTICLE 32 NOTICES Ralph Harris Surveyor, Inc. Attn.: James M. Grant 1406 Hether Street Austin, Texas 78704 Pane 11 of 12 The undersigned signatory or signatories for the Surveyor hereby represent and warrant that the signatory is an officer of the organization for 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. RALPH HARRIS SURVEYOR, INC. By: ignature: �a m s h1. Gra .tf Printed Name: ‘11‘6 e / de1f Title: fterl1 1, Z 00 7_ Date: City of Round Rock By: Robert A. Stluka, Jr., Mayor LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Surveyor Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule (see Attachment B) Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable A\SURVEY CONTRCT.ml- sw.dac ARTICLE 33 SIGNATORY WARRANTY Page 12 of 12 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Surveyor, as requested, the following items/information: 1. All available schematics, studies, reports, and other information related to the project. 2. All available aerial survey, and benchmark information related to the project. 3. Any other project related information the City may currently have on hand. 4. Material, labor, & placement of monuments at 16 pre - selected points. (20% of 82 total monuments to be set) MSURVEY CONTACT.int- sur.doc Ralph Harris Surveyor, Inc. will provide the following items in order to accomplish an azimuth mark system for the existing 41 -point H.A.R.N. network. 1. SET A PAIR OF MARKS AT EACH OF 41 SITES ( CITY OF RR TO SET 20% CON. MON' S) . WE SET 80% EPDXY TO CONC CURBS, ETC. 2. OBSERVE OBJECTS ON THE HORIZON (RADIO TOWERS, WATER TOWERS, ETC.) 3. TAKE DIGITAL PHOTO'S OF AZIMUTH MARKS. 4. PROCESS DATA 5. REVISE DIGITAL SKETCHES 6. REVISE EXCEL SPREADSHEET DATA 7. DELIVERABLES: A) 3 CD'S; B) 3 HARD COPIES 8. COLLECT GPS DATA ON SIX EXISTING AERIAL PANEL POINTS, SO AS TO INTEGRATE YOUR EXISTING AERIAL PHOTOGRAPHY WITH THE HARN NETWORK. THE DATA FOR THESE POINTS WILL BE INTEGRATED INTO THE EXCEL SPREADSHEET AND THE ACAD DRAWING FILE TO BE PROVIDED A:\SURVEY CONTRCT.int- surdac EXHIBIT B SERVICES TO BE PROVIDED BY THE SURVEYOR ATTACHMENT C WORK SCHEDULE Anticipated work schedule (work to begin after receipt of written notice to proceed): 1. SCHEDULE A) BEGIN WITHIN TWO WORKING DAYS B) TIME FRAME: 30 -40 WORKING DAYS 2. DELIVERABLES: A) 3 CD'S - - -NO CHARGE; 1 ACAD DRAWING FILE - - -NO CHARGE B) 3 HARD COPIES: CITY OF ROUND ROCK TO REIMBURSE ACTUAL COST. ATTACHMENT D FEE SCHEDULE 1. LUMP SUM AMOUNT OF $16,800.00 FOR SURVEYING SERVICES 2. CITY OF ROUND ROCK TO REIMBURSE SURVEYOR FOR ACTUAL COST OF 3 HARD COPIES OF FINAL REPORT. PAOSUCra m Will ia Gammon Insurance 1615 Guadalupe Austin TX 78701 Phone: 512- 477 -6745 PH - 1 10/22/01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HOLDER.THIS CERTIFICATI UPON THE CERTIFICATE, E DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE N_UHFG NSURER A. Service Lloyds r CNA Insurance Company Ralph Harris SS Idsu0ERa :rveyor, Inc. — Margie Harris ' 3LRFRC 1406 Nethor Stroet '- I Austin TX >8704 'r_.J +E ^E _ CO'VE5AGES - - r '_Llr Pt I.E. ' 1:^L'r, AtEN I55rF0 TO r2C INSURED ...70 20020 100 THE POLICY PER:40 IN0102100 NOTo'ITHSIANCIN5 -n ,Pi El'SNT, 11:10 Or, CcN'UIr Cr ANY CONr5AC1' OR 00■11517 01uMCNT 1NNN 050PECr TO WHICH TNI:i CERI Irn.ATE MAT 551110510 OR 1 i'C I.0 :1 E 0: 5 CR000 by ',IE P0110155 0E1006E0 2554.51N 15 SLIRJEOT TO All 00515803. 120105.ORS I N0 CONDITIONS OF 500 . C ,. •GGr;, LIM•T'S:,NW UN NInv1,,.200 R E'JUC 5021PA10 CLAIMS —5CON ,`,,q TYPE OP INSURANCE 1 POLICY eT7 �� T �p� 7 { t577,,Mr00 "IPDA"TFMmPDO ITT LIMITS GENERAL 112011.10Y ' B COMMArtcw.O •ALOARILI IV • 2026564795 i � 1. A,A,0 ...OE _ 51.1'.78 . EACH OCCURRENCE 510Q10000 .__. ,_. 7 1001000 05/01/02 _ FIRE DAMAGE I olo A, w MA/ KIM ,: 1M_r An moon; moon; 1 11 I - 51000000 _ s 2000000 X Business Owners i 05/01/01 .._ .." a PER5oN.GADVINJarf GENERAL AGGREGATE ti,E A L 00, 7015 LIU,T 01.150 5R'I 1 v01. iCr ; �'Rlr T IOl ., PRODUCTS• COMP/OP AGO — 1..1.1.1..,.. .._. 4 2070 0 00 - ..___... .__�...._ AUTOMORA.E. LIAO,'TY 5 ; )4_ ', /co,sro BUA2049494884 . Al. 01111;.0AU100 0-2201CU :res 1 NON.CM :ED 10,105 05 /01 /01 05/01/02 COMBINED 11001E LIM tF "0C'''nIr 91000000 * • - s . a0pSTsorum 200152 INJURY IPA xag•Aa ___. ..___. __ r•OPER MDAMAGE SAVAGE LIABIL,IT .r �J`O " ". AUTO ONLY. FA acCIJ1.NT 5 -- — 1 � 01'108 T !— 8"" 5 • 55 AUTO MT' AE EXCESS LIANILITY 13 . I0ccur, 51.2.230230 2026564795 _ of �'.;c - X ac- c.o.uN s 30,000 05/01/01 05/01/02 EACH OCCURRENCE . , Op0,000 AGGREGATE 0 000 T —.... . ... s I WORKERS COMPENSATION A•0 ERA( 00E R5' LIABILITY A SRS471901 05/01/01 05/01/02 I ORY M`T 1 111. �,_. L:_ CL- EACH AC0R11:NT 0 000 E L. DISEASE • EA CMPLOYEC 00 000__ 5 L. DISEASE • POLICY LIMIT _ 0 000 •' lolwo c, o!oio °' °/ ° i :01; 0T11111 A Commercial Appliea I SR5471901 .. B j8uaipaas Owoe.s 2026564795 05/01/01 O /O1 /01 05/01/02 05/01/02 BUILDING 150)00 PROPERTY 158000. DESCRIPTION F O ESCLD510N52005105YCN00R5EMENT1 5PCIAL PR0VISIONS CERTIFICATE HOLDER ; N 1 ADOITIONALJNSURED; 1850258 LETTER: CANCELLATION CITYROU pity of Round Rock 221 East plain Street SHOULD ANY OF THE ABOVE DE852)955 POLICIES Be CANCELLED BEFON5 BAT5 THEREOF. TIE ISSUING INSURER VALI EN515250R TO MAIL 10 0 NOME TO TIE CERTIFICATE HOLDER NAMED TO TIE LEFT, BUT FAILURE T IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS REPRESENTATIVES. NE EXPIRATION WRITTEN DO SO 52211. GENTS 0/1 Round Rock TX 78664 _.,..,o „ ,,, , /J� C r y . az.v /! EXHIBIT G .. ACQRD. CERTIFICATE OF LIABILITY INS GY I DATE IMMIDO/TTI c.raw.nr •hMYtw. • u. WOMB • .a. • .1••~211101 • S... it w..■ PINY Or r..sww oft. Fake Slatka• LEGEND DEVELOPMENT OF A CITY WIDE GPS (HARN) CONTROL NETWORK .r1.0o4•o1. .m.owcw.nwc ..160'1u'.....c.mX•.a,w1 DATE: April 19, 2002 SUBJECT: City Council Meeting — April 25, 2002 ITEM: 11.D. 6. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Ralph Harris Surveyor, Inc. for Phase II of the development of the City's Global Positioning System (GPS) High Accuracy Reference Network WARN). The total fee for these services is $16,800.00. Resource: Jim Nuse, Director of Public Works Don Rundell, Chief Utility Engineer History: This contract will consist of professional services to establish a pair of azimuth marks at each of the 41-GPS (HARK) Network Monument Sites. In addition these services include integrating this data into the Phase 1, HARN Network, the existing aerial photo and providing all information to the City on 3 CD's and providing 3 hard copies. This work, which builds onto the Phase I work that developed the City's GPS (HARN) Control Network. This horizontal and vertical control network can be found on the City's Web Page, under Planning or Public Works Department. Funding: Cost: $16,800.00 Source of funds: Self - Financed Utility Fund Outside Resources: Ralph Harris Surveyor, Inc. Impact/Benefit: The establishment of these Horizontal and Vertical Control Monuments gives us the ability to require Developers and Engineers to tie their subdivisions and projects to this control network This means our infrastructure; subdivision and parcel maps can all be located based on the same horizontal and vertical datum. Public Comment: N/A Sponsor: N/A A:VSURVEY CONTACT_i,rt -sur.dce ,e_ 02- 04/45 -/IDIo STATE OF TEXAS COUNTY OF WILLIAMSON WITNESSETH AGREEMENT Page 1 of 12 Contract No. THIS CONTRACT FOR SURVEYING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called City and Ralph Harris Surveyor, Inc., having its principal business address at 1406 Nether Street, Austin, TX 78704, hereinafter called "Surveyor" for the purpose of contracting for Surveying services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of Surveyors; and WHEREAS, the City desires to contract for surveying services described as follows: Surveying Services for Round Rock HARN, Phase 2: Azimuth Marks. NOW, THEREFORE, the City and the Surveyor, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part ofthis Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY SURVEYOR The Surveyor shall perform those surveying services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Surveyor, attached hereto and made a part of this Contract. The Surveyor shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Surveyor's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times the Surveyor's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Surveyor of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Surveyor, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Surveyor and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Surveyor shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on November 1, 2002 unless extended by written supplemental agreement duly executed by the Surveyor and the City prior to the date oftermination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Surveyor shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Surveyor shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. The City shall pay and the Surveyor agrees to accept the lump sum amount shown below as full compensation for the Surveying services to be performed under this Contract. The not to exceed amount payable under this Contract without modification of the Contract is $16,800.00 as shown in Attachment D - Fee Schedule. The not to exceed sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Surveyor shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Surveyor. A: \SURVEY CONfRCEim -s r doc ARTICLE 4 COMPENSATION Page 2 of 12 ARTICLE 5 METHOD OF PAYMENT Payments to the Surveyor for services rendered will be made while work is in progress. The Surveyor will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the sum not to exceed fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Surveyor must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Surveyor of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Surveyor or any costs incurred by the Surveyor relating to additional work not included in Attachment B - Services to be Provided by the Surveyor. ARTICLE 7 PROGRESS The Surveyor shall, from time to time during the progress of the work, confer with the City. The Surveyor shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Surveyor, conferences shall be provided at the Surveyor's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Surveyor's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Surveyor to determine corrective action needed. The Surveyor shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: A \SURVEY CON7RCT.i,rt- sw.doo Page 3of12 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this maybe done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Surveyor is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Surveyor and a written supplemental agreement will be executed between the parties as provided in Article 11. The Surveyor shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Surveyor or any costs incurred by the Surveyor relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Surveyor shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. A \SURVEY CONTRCT.int- sw.doc Pave 4 of 12 The Surveyor shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Surveyor until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Surveyor and all documents furnished to the Surveyor by the City shall be delivered to the City upon completion or termination of this Contract. The Surveyor, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. A: \SURVEYCON C[.im- sur,doc Page 5of ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Surveyor shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Surveyor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Surveyor who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Surveyor certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. A, \SURVEY CONTRCT.hnw.doc ARTICLE 14 SUBCONTRACTING The Surveyor shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Surveyor of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Surveyor or a subprovider, the Surveyor shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Surveyor's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Page 6of12 Violation of Contract terms or breach of contract by the Surveyor shall be grounds for termination of the Contract and any increased cost arising from the Surveyor's default, breach of contract or violation of contract terms shall be paid by the Surveyor. The Contract may be terminated before the stated termination date by any ofthe following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Surveyor as a consequence of failure by the Surveyor to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. A \SURVEY CONTRCT.i.su<.doc ARTICLE 18 TERMINATION (4) By the City for reasons of its own and not subject to the mutual consent of the Surveyor upon not less than thirty (30) days written notice to the Surveyor. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time oftermination 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. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Surveyor defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Surveyor, the City will give consideration to the actual costs incurred by the Surveyor in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required 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. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Surveyor under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Surveyor to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Surveyor shall be liable to the City for any additional cost occasioned the City. Page 7 of 12 The Surveyor shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Surveyor in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Surveyor shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Surveyor shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Surveyor shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, 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 expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Surveyor, its agents, or employees. A \SURVEY CONTRCI.vrt- s,r..doc ARTICLE 21 SURVEYOR'S RESPONSIBILITY The Surveyor shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Surveyor's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Surveyor will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 SURVEYOR'S SEAL The responsible Surveyor shall sign, seal and date all appropriate surveying submissions to the City in accordance with the Minimum Technical Standards of the Texas Board of Professional Public Land Surveying. ARTICLE 23 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 Paee 8 of 12 not paid or agreed to pay any company, engineer or 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 warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Surveyor shall furnish 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. A',1SURVEYCONIACr.inanv.dm ARTICLE 24 INSURANCE ARTICLE 25 INSPECTION OF SURVEYOR'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Surveyor for the purpose of checking the amount of work performed by the Surveyor at the time of contract termination. The Surveyor shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Surveyor which are directly pertinent to this Contract for the purpose ofmaking audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Surveyor warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. Page 9 of 12 ARTICLE 27 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Surveyor for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Surveyor agrees to comply with the Special Provision AComputer Graphics Files for Document and Information Exchange,@ if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Surveyor, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Surveyor shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. A \SURVEY CONTRCT. ina- sm.dac ARTICLE 30 SEVERABILITY ARTICLE 31 PRIOR CONTRACT SUPERSEDED Pave 10 of 12 All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 A: \SURVEY CONfRCT.im- sa.doc ARTICLE 32 NOTICES Ralph Harris Surveyor, Inc. Attn.: James M. Grant 1406 Hether Street Austin, Texas 78704 Pace 11 of 12 The undersigned signatory or signatories for the Surveyor hereby represent and warrant that the signatory is an officer of the organization for 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. RALPH HARRIS SURVEYOR, INC. By: ignature: Fame Al . 6ra41 Printed Name: tfic e P resi Title: .4Pr� / Zoo z Date: LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Surveyor Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule (see Attachment B) Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable \SURVEY CONrRCF.iM- sw.doc Page 12of12 A:\SURVEY CONTRCT.int- sur.doc EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Surveyor, as requested, the following items /information: 1. All available schematics, studies, reports, and other information related to the project. 2. All available aerial survey, and benchmark information related to the project. 3. Any other project related information the City may currently have on hand. 4. Material, labor, & placement of monuments at 16 pre - selected points. (20% of 82 total monuments to be set) Ralph Harris Surveyor, Inc. will provide the following items in order to accomplish an azimuth mark system for the existing 41 -point H.A.R.N. network. 1. SET A PAIR OF MARKS AT EACH OF 41 SITES ( CITY OF RR TO SET 20% CON. MON' S) . WE SET 80% EPDXY TO CONC CURBS, ETC. 2. OBSERVE OBJECTS ON THE HORIZON (RADIO TOWERS, WATER TOWERS, ETC.) 3. TAKE DIGITAL PHOTO'S OF AZIMUTH MARKS. 4. PROCESS DATA 5. REVISE DIGITAL SKETCHES 6. REVISE EXCEL SPREADSHEET DATA 7. DELIVERABLES: A) 3 CD'S; B) 3 HARD COPIES 8. COLLECT GPS DATA ON SIX EXISTING AERIAL PANEL POINTS, SO AS TO INTEGRATE YOUR EXISTING AERIAL PHOTOGRAPHY WITH THE HARN NETWORK. THE DATA FOR THESE POINTS WILL BE INTEGRATED INTO THE EXCEL SPREADSHEET AND THE ACAD DRAWING FILE TO BE PROVIDED A:VSURVEY CONTRCT.int- sur.doc EXHIBIT B SERVICES TO BE PROVIDED BY THE SURVEYOR ATTACHMENT C WORK SCHEDULE Anticipated work schedule (work to begin after receipt of written notice to proceed): 1. SCHEDULE A) BEGIN WITHIN TWO WORKING DAYS B) TIME FRAME: 30 -40 WORKING DAYS 2. DELIVERABLES: A) 3 CD'S - - -NO CHARGE; 1 ACAD DRAWING FILE - - -NO CHARGE B) 3 HARD COPIES: CITY OF ROUND ROCK TO REIMBURSE ACTUAL COST. ATTACHMENT D FEE SCHEDULE 1. LUMP SUM AMOUNT OF $16,800.00 FOR SURVEYING SERVICES 2. CITY OF ROUND ROCK TO REIMBURSE SURVEYOR FOR ACTUAL COST OF 3 HARD COPIES OF FINAL REPORT. AcQRD,. • CERTIFICATE OF LIABILITY INSURANC ID GY PH - 1 DATE (MMIDDY) ,, 10i/22/01 000000ER William Gammon Insurance I • 615 Guadalupe AUStin TX 78701 Phone:512- 477 -6745 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE "-''NF NSURERA. Service Lloyds r 41unrRE CNA Insurance Come Ralph Harris Surveyor, Inc, ,rTac -- -' " ' Margie Harris 1406 Nether Street IN;,,J1 0. 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POLICY LIMB _ _ — 0_500 000 _ 00 000 s 5 b0 000 OT116N AICommercial Applies SR5471901 • B ;Business Owners 2025564'/95 05/01/01 05/01/02 05/01/01 05/01/02 I BUILDING 150000 PROPERTY 158000 0550010110006 0PERATIONSILOC AT ION SNEHICLESIE ILLUSIONS 40050 EY INDORSEMENT /SPECIAL 330VISION3 CERTIFICATE HOLDER 1 . N Ao01OONAL 1NBVREDI INSURER LET • CANCELLATION CITYROU City of Round Rock 221 East Main Street Round Rock TX 76664 SHOULD ANY OF 071E ABOVE 055C313351.01.10140 OE CANCELLCD 330015E He EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 0 YE WRITTEN NOTICE TO THE CERTIFICATE HOLIER 04350 TO THE LEFT. OUT FAILURE T 00 SO 314414 IMPOSE NO OBLIGATION OR LIAOILITY OF ANY NM UPON THE INSURER, ITS GENTS OR REPRESENTATIVES. ) 1 --- �i. -A., .-. .(�.- .----- .- `- -.01.- / 1 -AC ORD 25. 5;7197) EXHIBIT G