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R-02-08-08-11G8 - 8/8/2002Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe Qty Manager abert L. Bennett, Jr. City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY August 29, 2002 Mr. Patrick A. Smith Interstate Surveying, Inc. 13740 North Hwy 183, Bldg. L -4 Austin, TX 78750 Dear Mr. Smith: The Round Rock City Council approved Resolution No. R- 02- 08- 08 -11G8 at their regularly scheduled meeting on August 8, 2002. This resolution approves the contract for surveying services relating to the Water Treatment Plant Improvements. Enclosed is a copy of the resolution and the original contract for your files. If you have any questions, please do not hesitate to contact Tom Clark at 218 -6617. Sincerely, j/)a-At:nal— Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK 221 East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fan: 512 218.7097 • Voice: 1.800.735.2988 • 1.800.735.2989 TDD • www.ci.round-rock.tx.us RESOLUTION NO. R- 02- 08- 08 -11G8 WHEREAS, the City of Round Rock desires to retain professional surveying services related to the Water Treatment Plant Improvements, and WHEREAS, Interstate Surveying, Inc. has submitted a Contract for Surveying to provide said services, and WHEREAS, the City Council desires to enter into said contract with Interstate Surveying, 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 Interstate Surveying, Inc., for surveying services related to the Water Treatment Plant Improvements, 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 RESOLVED this 8th day of August, LL, Mayor A ST: ity of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretly .. ODMMWORLDO % \0: \WDOX \RESOLIITI \R20008G8 D /,C , EXHIBIT 1 n STATE OF TEXAS COUNTY OF WILLIAMSON 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 Interstate Surveying, Inc. having its principal business address at 13740 North Hwy. 183, Bldg. L Austin, Texas 78750 hereinafter called "Surveyor" for the purpose of contracting for Surveying services. WITNESSETH Contract No. 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: Design and property survey services related to the Water Treatment Plant Phase V Expansion. AGREEMENT 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 of this 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 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 December 31, 2002 unless extended by written supplemental agreement duly executed by the Surveyor and the City prior to the date of termination, as provided for 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 $11,880.00 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 ofwork 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. 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: (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. 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. My 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 famished 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. 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. 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 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. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the 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. 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. 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 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 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 ofits 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 of making 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. 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. ARTICLE 30 SEVERABILITY 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. ARTICLE 31 PRIOR CONTRACT SUPERSEDED 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. 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 Surveyor Attn.: City Manager Attn.: T A. SM•'slck 221 E. Main St. \3'1ko Nszn - c!k 1\W4 l$? Round Rock, TX 78664 i3t - >G .L—Es. with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES 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. THE SURVEYOR Signature: Printed Name: Title: O'1 174 I oz Date: City of Round Rock By: Robert A. Stluka, Jr., Mayor 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 ATTACHMENT 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. Alt available aerial survey, and benchmark information related to the project. 3. Any other project related information the City may currently have on hand. ATTACHMENT B SERVICES TO BE PROVIDED BY THE SURVEYOR A) Perform the necessary field and office services to locate the existing haul road from the 111-35 frontage road, across the Texas Crushed Stone and Georgetown Railroad Company tracts, to the east end of an existing 50' wide access easement recorded in Vol. 903 Pg. 488. Prepare a description and sketch for a new 50' wide access easement following this existing haul road. B) Perform the necessary office services to prepare, based on prior boundary work performed, a description and sketch of a new 100' wide access easement along the east side of the WTP. (Since this is an easement from the City of Round Rock, it can only be prepared after the acquisition of the additional property on the north and south sides of the existing plant site.) C) Perform the necessary field and office services to provide a horizontal location and vertical height of the existing radio tower on the WTP site. D) Review the existing access easements from IH -35 frontage road to the WTP site and make recommendation on vacating the easements or using in conjunction with the new easement to be prepared in Item A E) Review the title commitment for the purchase of the 50" wide strips on north and south side of existing WTP tract and determine whether Schedule B items impact the tracts to be purchased. F) Perform the necessary field and office services to provide design survey information, for road improvement design, of the existing entrance road from the intersection with the north -south road on the west side of the railroad track to the entrance at the north boundary of the WTP site, with detail at the spur crossing and intersections with other roads. ATTACHMENT C WORK SCHEDULE The services described in Attachment B will be completed within 45 business days from notification to proceed, unless delayed by circumstances beyond the normal control of the Surveyor. ATTACHMENT D FEE SCHEDULE Item A on an actual Time & Materials expended basis, with an estimated budget of $5,100.00. Item B on an actual Time & Materials expended basis, with an estimated budget of $580.00. Item C on an actual Time & Materials expended basis, with an estimated budget of $800.00. Item D on an actual Time & Materials expended basis, with an estimated budget of $700.00. Item E on an actual Time & Materials expended basis, with an estimated budget of $1,200.00. Item F on an actual Time & Materials expended basis, with an estimated budget of $3,500.00. 1 ACCESS EASEMENT iir IA W.T.P. SITE / f � i s o 0 ,..._ m /1" ... ___________N I_ , N seA�A W.T.P. AND " n ROCK TEXAS W VW E ACCESS EASEMENT • DATE: August 2, 2002 SUBJECT: City Council Meeting — August 8, 2002 ITEM: * 11.G.8. Consider a resolution authorizing the Mayor to execute a Contract for Surveying Services with Interstate Surveying, Inc. for surveying services related to the Water Treatment Plant Improvements. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Tom Clark, Director of Utilities History: The work under this contract is required for the City to comply with the ancillary agreement between the City and Texas Crushed Stone (TCS) for lands and easements associated with the expansion of the City's Water Treatment Plant (WTP). The scope of service covered herein are to provide field survey work and office work to create a new 50 -foot wide access easement to the WTP. To provide field survey work and office work to create a 100 -foot wide access easement across the East Side of our WTP properties. To provide fieldwork to determine the top elevation of our existing radio tower. To review and make recommendation on vacating the existing access easement. Review the title commitment for the purchase of the two 50 -foot strips of land to the north and south of the existing WTP site. Last, to provide design survey information to facilitate the design to widen and improve the sight distance on the existing north -south access to the WTP. Funding: Cost: $11,880.00 Source of funds: Self- Financed Utility Funds Outside Resources: Interstate Surveying, Inc. Impact/Benefit: To comply with the executed agreement with Texas Crushed Stone (TCS) and the City of Round Rock for various Lands and Easements associated with the Phase V Water Treatment Plant Expansion. Public Comment: N/A Sponsor: N/A STATE OF TEXAS COUNTY OF WILLIAMSON 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 Interstate Surveying, Inc. having its principal business address at 13740 North Hwy. 183, Bldg. L Austin, Texas 78750, hereinafter called "Surveyor" for the purpose of contracting for Surveying services. WITNESSETH Contract No. 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: Design and property survey services related to the Water Treatment Plant Phase V Expansion. AGREEMENT 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 of this 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 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 December 31, 2002 unless extended by written supplemental agreement duly executed by the Surveyor and the City prior to the date of termination, as provided for 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 $11.880.00 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 ofwork 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. 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 (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 may be 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. 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. 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. 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 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. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the 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. 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. 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 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 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 of making 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. 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. ARTICLE 30 SEVERABILITY 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. ARTICLE 31 PRIOR CONTRACT SUPERSEDED 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. Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES 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 Surveyor Attn.: City Manager Attn.: — ‘)1'C.∎eV,, A. St■ %'C kk. 221 E. Main St. \3'140 ►- t r \' ' I t$3 Round Rock, TX 78664 - l...\ -- >C, , ,L 4 huSC\i.1 `7561 with copy to: 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. THE SURVEYOR Signature: Printed Name: Title: o`t IZA Date: LIST OF ATTACIwIENTS 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 ATTACHMENT 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, ATTACHMENT B SERVICES TO BE PROVIDED BY THE SURVEYOR A) Perform the necessary field and office services to locate the existing haul road from the I11-35 frontage road, across the Texas Crushed Stone and Georgetown Railroad Company tracts, to the east end of an existing 50' wide access easement recorded in Vol. 903 Pg. 488. Prepare a description and sketch for a new 50' wide access easement following this existing haul road. B) Perform the necessary office services to prepare, based on prior boundary work performed, a description and sketch of a new 100' wide access easement along the east side of the WTP. (Since this is an easement from the City of Round Rock, it can only be prepared after the acquisition of the additional property on the north and south sides of the existing plant site.) C) Perform the necessary field and office services to provide a horizontal location and vertical height of the existing radio tower on the WTP site D) Review the existing access easements from IH -35 frontage road to the WTP site and make recommendation on vacating the easements or using in conjunction with the new easement to be prepared in Item A. E) Review the title commitment for the purchase of the 50" wide strips on north and south side of existing WTP tract and determine whether Schedule B items impact the tracts to be purchased. F) Perform the necessary field and office services to provide design survey information, for road improvement design, of the existing entrance road from the intersection with the north -south road on the west side of the railroad track to the entrance at the north boundary of the WTP site, with detail at the spur crossing and intersections with other roads. ATTACHMENT C WORK SCHEDULE The services described in Attachment B will be completed within 45 business days from notification to proceed, unless delayed by circumstances beyond the normal control of the Surveyor. ATTACHMENT D FEE SCHEDULE Item A on an actual Time & Materials expended basis, with an estimated budget of $5,100.00. Item B on an actual Time & Materials expended basis, with an estimated budget of $580.00. Item C on an actual Time & Materials expended basis, with an estimated budget of $800.00. Item D on an actual Time & Materials expended basis, with an estimated budget of $700.00. Item E on an actual Time & Materials expended basis, with an estimated budget of $1,200.00. Item F on an actual Time & Materials expended basis, with an estimated budget of $3,500.00.