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CM-07-07-173"<->Dionond Shying; Inc. Shane Shafer, R.P.t..S. PO Box1937 Georgetown, TX 78627 Office Phone 931-3100 Fax: 930-5391 PROPOSAL NO. CORR-2007-1 July 13, 2007 City of Round Rock 221 East Main Street Round Rock, Texas 78664 CIO Sheets & Crossfield, P.C. Attention: Mr. Preston Stone Re: Proposal for a Standard Land Botuaday Survey for a called 0.2 -acre tract of land and called 0.073 -acre tract on land, for a combined total of 0/73 acre of lamd, located along the south side of Bobby Jones Way and along the north side of a called 63.7833 -acre tract of hand conveyed to the City of Round Rock per Volume 2709, Page 524 of the Official Records of Williamson County, Texas. See attached EXHIBIT "A". We are pleased to submit our proposal for services related d to the above referenced project. Below is our list of proposed Scope of Services and basis of Compton. Sean of Serr►icea . Perform field and office work necessary to prepare and deliver a Standard Land Boundary Survey with metes & bounds description and sketch for a called: 0.273 -acre tract of land. Total Item 1= $880.00 2. Optional Service: Establish State Phule Coordinates basad on the City of Round Rock GPS Control Network, if required by the City of Round Rock for this project. Total Item 2 Optional Service = $500.00 Basis of Cggp000 atiog We propose to provide the above listed services on an hourly basis in accordance with the ached rate schedule. Total for the above listed service (excluding hem No. 2, establlab State Plane Coonlinates on site) listed by this proposal is estimated not to exceed a total of SINIOAR If Item Na. 2 is to be part ofthe Scope of Servs then the above listed services listed by this proposal is estimated not to exceed.. a total of SOWN. This total hourly amount int -D'1 -D1- 113 1 is based upon personnel and equipment time required to perform the described Scope of Services. Additional time requirements remaking horn project scope changes or plan revisions beyond ow control will be cawed reasonable cause for us to seek additional co tion. Work on additional services shall commence upon receipt of written mon from appropriate authority. If this proposal is acceptable, please have the appropriate authority endorse the enclosed agreement and return a copy to our office for our files. We will begin work upon receipt of signed Professional Services Agreement. Thank you for the opportunity to be of service to the City of Round Rock. 2 PROFESSIONAL SERVICES AGREEMENT City of Round Rock, as CLIENT, engages Diamond Surveying, Inc. as SURVEYOR to perform professional services for the assignment described as follows: Survey services fora Standard Land I3onndary Survey for a called 0.2 -acre tract of land and. called 0.073 - acre tract on land, for a combined total of 0.273 acre of land, located along the south side of Bobby Jones Way auhd along the north side of a called 63.7853 -ace tract of land conveyed to the City of Round Rock per Volume 2709, Page 524 of the Oficial Records of Williamson County, Texas. See attached EXHIBIT See attached proposal No. CORR-2007-1 dated July 13, 2007. I. SERVICES: SURVEYOR agrees to perform in conformance with the following description, detinfticn, terms and conditions. See attathed proposal No. CARR -2007-1 dated July 13, 2007. II. COMPENSATION: SURVEYOR'S compensation for professional services will be on an hourly basis k accordance with the attached Standard Rate Schedule. Total tor this agreement shall not exceed: $080.00, (excluding Item 2, establish State PIane Coordinates on site). If Item No. 2 Is to be part of the Scope of Servkes thea the above Med services listed by this proposal is estimated not to eared a total of S1,380.00 M. PAYMENTS: SURVEYOR will be paid in full for total amount earned under this Agreement. CLIENT agrees to pay SURVEYOR as follows and will be paid in cash or check, at the option of the CLIENT. SURVEYOR shalt submit invoices on a bi-weekIy basin, for work that has been corrrpleted. CLIENT agrees to promptly pay SURVEYOR upon receipt of each invoke. All amounts shad be paid k full with no deductions of any kind. IV. OWNERSHIP OF DOCUMENTS: Ail documents, Including original drawings, estimates, specifications, field notes and data are and shall remain the property of SURVEYOR. CUENT may at his expense obtain a sept of reproducible record cries of drawings and other documents, but agrees that he will use such copies solely in connection with the project covered by this Agreement and for no other purpose. V. LIABILITY LIMITATION: SURVEYOR shall have no liability to CLIENT or to others for any reasons beyond use of reasonable skill in performing the services for the assignment covered by this Agreement. In no event shral SURVEYOR'S liability exceed $50,000. VI. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during the design or construction of the project or fallowing the completion of the project, the CLIENT and the SURVEYOR agree that all disputes between them arising out of or Mating to this Agreement shall be submitted to nonbonding mediation unless the parles mfr agree otherwise. The CUENT and the SURVEYOR further agree to kCNJde a sindiar mediation provision k at agreements with independent surveyors and consultants retained for the project and to require an independent surveyors and consultants also to include a simikw mediation provision in ell agreements wth subsurveyors, subconsultants, supper or fabricators so ruined, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. VII. TERMINATION: A. CONDITIONS OF TERMINATION: This Agreement may to terminated without cause at any time prior to completion of SURVEYOR'S services either by CUENT or by SURVEYOR, upon seven days written notice tothe ,o at the adds of record. Termination sheat release each party from at obligations of this Agreement, exoept as speeded in paragraph MILS below. 3 B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either CLIENT or SURVEYOR, CLIENT shah pay SURVEYOR the full amount specified in paragraph H, with respect to any Surveying Sell/Ices performed to date of tewnination (including all Reimbursable Expenses incurred). VIII. SUCCESSORS AND ASSIGNS: CLIENT and SURVEYOR each binds himself, and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators and assigns of such other party in respect to all covens of this Agreement. Neither CLIENT nor SURVEYOR shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than CLIENT and SURVEYOR.. IX. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and SURVEYOR, except as additionally Ogled below: Attached litter proposal No. CORR-2007-1 dated July 13, 2007, forms a part 01 this agreement. X. INVAUDATION: It this Agreement is not executed by CLIENT within 30 days of the date tendered, it shall become invaid unless SURVEYOR extends the time in writing. XL MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this Agreement on behalf of SURVEYOR other than one of its Officers, and then only in writing signed by hire. City of Round Rock Diamond Surveying, Inc. kitW l'i By: .2,;47:41--1/44r0/ 26)/7 r • Date: 7/13/D 7 4 <> Diamond Summing, Inc. SHANE SHAFER,R.P.LS,PRESIDENT P.O. BOX 1937, GEORGETOWN, TX 78627 OMCE: (512) 931.3100 PAX: (512) 930-5391 STANDARD RATE SCHEDULE motive wry 1, 2007. the Wowing rates apply to work performed on an hourly -charge basis. DIRK' LABOR OFFICE PERSONNEL SERVICES Cl�sifiation 1iat� Registered Professional Land Surveyor $110.00 per hour R.P.L.S. as expert witness .. S150.00 per hour Project Surveyor GPS Processor S90 per hour 590.00per hour Survey Technician ..... $115.00 per hour Secretary ... $50.00 per hour FIELD PARTY SERVICES Classification Rates 1 -Man Field Party..... ,,,,. ................ $100.00 per hair 2 -Man Field Party 3130.00 per hour. 3 -Man Field Puty $150.00 per hour 4 -Man Field Party SI 70.00 per hour Charges for special equipment GPS Field Base Unit with Rover (R.T.K.) $70,00 per hour Additional Rover (R.T.K.) 560.00 per hour GPS Field Base Unit for Static Session 560.00 per hour Robotic Total Station with Rover ,., ....... 570.00 per how DIRECT EXPENSES Subsistence for Out -of -Town Work SI 00 per dayfper person Notes Field Party rates include conventional aqui t, supplies and survey vehicles. live use of stakes, ladies, etc., will be charged at cost. A minimum of two (2) hours field party time charge will be made for show -up time and return to office, resulting frau inclement weather conditions, etc. Field Party standby time will be charged at the above -shown appropriate rates. Y SR.„ V A 6+s ti '. � �... !,.•il3s.e�§5,^#.�"?.:�53...'. ..,?9r F4'2"3SiE:v. ' " CITY MANAGER BLUE SHEET DATE: 7/16/07 SUBJECT: City Manager Approval/Approval date 7/20/07 ITEM: Request for City Manager to enter into an agreement for services with Diamond Surveying on 0.2 acres and 0.073 acres of land located on Bobby Jones Way for Parkland Dedication. Deo)rtment: Legal Staff Person: Preston Stone Justification: Fundina: Cost: $1,380.00 Source of funds: Backaround Information: Request for City Manager to enter into an agreement for services with Diamond Surveying on 0.2 acres and 0.073 acres of land located on Bobby Jones Way for Parkland Dedication. Updated 3-10-05