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CM-07-10-226CITY OF ROUND ROCK CONTRACT FOR SURVEYING SERVICES WITH INLAND GEODETICS, LP FOR SURVEYING SERVICES FOR 2MG ELEVATED WATER STORAGE TANK THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL BY THESE PRESENTS: THIS CONTRACT FOR SURVEYING SERVICES ("Contract") is made and entered into on this the if fAay of Oda b et" , 2007 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and INLAND GEODETICS, LP, whose offices are located at 1504 Chisholm Trl. Rd., Ste. 103, Round rock , Texas, 78681 (hereinafter referred to as "Surveyor"), and such Contract is for the purpose of contracting for professional surveying services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional Surveyors; and WHEREAS, City and Surveyor desire to contract for such professional Surveying services; and WHEREAS, City and Surveyor wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: 00122466/ps CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 SURVEYING SERVICES Surveyor shall perform Surveying Services as identified in Exhibit B entitled "Surveying Services." Surveyor shall perform the Surveying Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Surveying Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Surveyor of all Surveying Services. Should the review times or Surveying Services take longer than shown on the Work Schedule, through no fault of Surveyor, Surveyor may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Surveyor is expected to complete the Surveying Services described herein in accordance with the above described Work Schedule. If Surveyor does not perform the Surveying Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Surveying Services are completed. Any Surveying Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Surveyor shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Surveying Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Surveyor acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Surveying Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Surveyor shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Surveying Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Surveyor shall not proceed with Surveying Services until authorized in writing by City to proceed as provided in Article 7. 2. ARTICLE 4 COMPENSATION City shall pay and Surveyor agrees to accept the amount shown below as full compensation for the Surveying Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Two Thousand One Hundred Twenty Dollars and No/100 ($2,120.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Surveying Services as authorized by City. Surveyor shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Surveying Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Surveying Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Surveying Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Surveyor shall be made while Surveying Services are in progress. Surveyor shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Surveying Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Surveyor shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Surveying Services identified in Exhibit D. Progress payments shall be made by City based upon Surveying Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Surveying Services performed. Surveyor has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Surveyor of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Surveyor will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Surveyor may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Surveyor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Surveyor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Surveying Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Surveyor the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Surveyor shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Surveyor related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Don M. Rundell, P.E. Chief Utility Surveyor 212 Commerce Cove Round Rock, Texas 78664 Telephone Number: (512) 218-5554 Fax Number: (512) 218-3242 Email Address: drundella,round-rock.tx.us City's Designated Representative shall be authorized to act on City's behalf with respect to this 4. Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Surveyor in order to avoid unreasonable delay in the orderly and sequential progress of Surveying Services. Surveyor's Designated Representative for purposes of this Contract is as follows: Steve Truesdale, R.P.L.S. Inland Geodetics, LP 1504 Chisholm Trail Road, Suite 101 Round Rock, TX 78681 Telephone Number: (512) 238-1200 Fax Number: (512) 238-1251 Email Address: struesdale@austin.rr.com ARTICLE 9 PROGRESS EVALUATION Surveyor shall, from time to time during the progress of the Surveying Services, confer with City at City's election. Surveyor shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Surveying Services. At the request of City or Surveyor, conferences shall be provided at Surveyor's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Surveying Services. Should City determine that the progress in Surveying Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Surveyor to determine corrective action required. Surveyor shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Surveying Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Surveying Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5. ARTICLE 10 SUSPENSION Should City desire to suspend the Surveying Services, but not to terminate this Contract, then such suspension may be effected by City giving Surveyor thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Surveying Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Surveying Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Surveyor shall have the option of terminating this Contract. If City suspends the Surveying Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Surveying Services performed or costs incurred prior to the date authorized by City for Surveyor to begin Surveying Services, and/or during periods when Surveying Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL SURVEYING SERVICES If Surveyor forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Surveyor and a written Supplemental Contract will be executed between the parties as provided in Article 13. Surveyor shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Surveyor nor for any costs incurred by Surveyor relating to additional work not directly associated with the performance of the Surveying Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN SURVEYING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Surveying Services or parts thereof which involve changes to the original Surveying Services or character of Surveying Services under this Contract, then Surveyor shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Surveying Services and paid for as specified under Article 11. Surveyor shall make revisions to Surveying Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Surveying Services. 6. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Surveying Services, or (2) the duration of the Surveying Services. Any such Supplemental Contract must be duly authorized by the City. Surveyor shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Surveyor shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Surveying Services performed. ARTICLE 14 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 City and shall be furnished to City upon request. All documents prepared by Surveyor and all documents furnished to Surveyor by City shall be delivered to City upon completion or termination of this Contract. Surveyor, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Surveyor shall furnish and maintain, at its own expense, quarters for the performance of all Surveying Services, and adequate and sufficient personnel and equipment to perform the Surveying Services as required. All employees of Surveyor shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Surveyor who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Surveying Services shall immediately be removed from association with the project when so instructed by City. Surveyor certifies that it presently has adequate qualified personnel in its employment for performance of the Surveying Services required under this Contract, or will obtain such personnel from sources other than City. Surveyor may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Surveyor shall not assign, subcontract or transfer any portion of the Surveying Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Surveying Services being performed under the subcontract. No subcontract shall relieve Surveyor of any responsibilities under this Contract. 7. ARTICLE 17 EVALUATION OF SURVEYING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Surveying Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Surveyor or a subcontractor, then Surveyor shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Surveyor's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Surveyor shall be grounds for termination of this Contract, and any increased costs arising from Surveyor's default, breach of contract, or violation of contract terms shall be paid by Surveyor. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Surveyor, as a consequence of failure by Surveyor to perform the Surveying 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 City, for reasons of its own and not subject to the mutual consent of Surveyor, upon not less than thirty (30) days' written notice to Surveyor. (5) By satisfactory completion of all Surveying Services and obligations described herein. Should 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 Surveyor. In determining the value of the Surveying Services performed by Surveyor prior to termination, City shall be the sole judge. Compensation for Surveying Services at termination will be based on a percentage of the Surveying Services completed at that time. Should City terminate this Contract under Subsection (4) immediately 8. above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Surveyor defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Surveyor, then City shall give consideration to the actual costs incurred by Surveyor in performing the Surveying Services to the date of default, the amount of Surveying Services required which was satisfactorily completed to date of default, the value of the Surveying Services which are usable to City, the cost to City of employing another firm to complete the Surveying Services required and the time required to do so, and other factors which affect the value to City of the Surveying Services 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 City and Surveyor under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Surveyor to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Surveying Services to completion. In such case, Surveyor shall be liable to City for any additional and reasonable costs incurred by City. Surveyor shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Surveyor in support of the Surveying Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. 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, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Surveyor shall furnish City with satisfactory proof of his/her/its compliance. Surveyor shall further obtain all permits and licenses required in the performance of the Surveying Services contracted for herein. (2) Taxes. Surveyor will pay all taxes, if any, required by law arising by virtue of the Surveying Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Surveyor shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Surveyor or of any person employed by Surveyor or under Surveyor's direction or control. Surveyor shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending 9. claims or liabilities which may be imposed on City as a result of such negligent activities by Surveyor, its agents, or employees. ARTICLE 23 SURVEYOR'S RESPONSIBILITIES Surveyor shall be responsible for the accuracy of his/her/its Surveying Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Surveyor's responsibilities for all questions arising from design errors and/or omissions. Surveyor shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 SURVEYOR'S SEAL The responsible Surveyor shall sign, seal and date all appropriate Surveying submissions to City in accordance with the Texas Surveying Practice Act and the rules of the State Board of Registration for Professional Surveyors. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Surveyor warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Surveyor, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company 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, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Surveyor covenants and represents that Surveyor, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Surveyor, at Surveyor's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Surveyor shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 10. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Surveyor, Surveyor shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Surveyor shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Surveyor must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Surveyor shall be borne solely by Surveyor, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS 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 Surveyor for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Surveyor may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. 11. ARTICLE 29 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, then 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 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 SURVEYOR'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Surveyor, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. 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 addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Surveyor: Steve Truesdale, R.P.L.S. Inland Geodetics, LP 12. 1504 Chisholm Trail Road, Suite 101 Round Rock, TX 78681 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Surveyor understands and agrees that time is of the essence and that any failure of Surveyor to complete the Surveying Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Surveyor shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Surveyor's standard of performance as defined herein. Where damage is caused to City due to Surveyor's negligent failure to perform City may accordingly withhold, to the extent of such damage, Surveyor's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Surveyor shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional Surveying, consulting and related services performed or furnished by Surveyor and its employees under this Contract will be the care and skill ordinarily used by members of Surveyor's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Surveyor makes no warranties, express or implied, under this Contract or otherwise, in connection with the Surveying Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Surveyor are made on the basis of information available to Surveyor and on the basis of Surveyor's experience and qualifications and represents its judgment as an experienced and qualified professional Surveyor. However, since Surveyor has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, Surveyor does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Surveyor prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 13. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Surveyor hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor and Surveyor, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APP' l VED AS TO Ir ORM: By: Juse, P.E., City Manager ATTEST: By: Christine Martinez, City Secretary Inland Geodetic, LP By: t �' je Brenda K. Sies, President/Principal 14. tephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Surveying Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15. Exhibit A City Services 1. Provide copies of all plats and previous survey plans in City's possession. 2. Notify the Surveyor of the location of the property which will require an easement survey. Exhibit B Surveying Services Prepare a site-specific easement survey of a property, to be designated by the City, intended for the location of a 2MG Elevated Water Storage Tank. The survey shall include the following elements: 1. Locate property corners and indications of property lines. 2. Prepare office computations and analyses to establish location of the subject property. 3. Set appropriate monuments. 4. Provide limited topo and tree survey of the easement site. Exhibit C Work Schedule Due to the short duration of the Project, a work schedule is deemed unnecessary. Work will start immediately with ensuing delivery of survey product. Exhibit D Fee Schedule The amount payable under this Contract, without modification of the Contract as provided herein, is the lump sum of Two Thousand One Hundred Twenty Dollars and No/100 ($2,120.00). The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Surveying Services as authorized by City. DATE: October 8, 2007 SUBJECT: City Manager Approval - October 12, 2007 ITEM: Action authorizing the City Manger to execute a Professional Service Contract with Inland Geodetics, L.P. for the Property Survey of an approximately one acre Tract of Land for the future R.M. 1431 Elevated Water Tank. Department: Water and Wastewater Utilities Staff Person: Michael D. Thane, P.E., Director of Utilities Justification: This contract will allow the City of Round Rock to begin the land (tank site) acquisition process. The schedule is to contract with an engineer in September 2007 to design the R.M. 1431 two million gallon (MG) Elevated Water Storage Tank. The tank is scheduled to be completed and in service by September 2009. In addition, our water model shows that this tank is required and was a part of the agreement with the City of Cedar Park to provide them with 4 million gallons per day (mgd) on an as needed basis. Funding: Cost: $2,120.00 Source of funds: Capital Project Funds (Self -Financed Utility) Outside Resources: Inland Geodetics, L.P. Background Information: This work is integral to the design and construction of a 2 MG Elevated Water Storage Tank. The tank is to be located adjacent to the City's existing 1431 Standpipe on the northwest side of the City. This improvement to our current water distribution system is necessary to provide an adequate water supply and pressure for existing and future City of Round Rock potable water customers. In addition, this tank is needed to effectively manage our regional water supply from Lake Travis and is required in order to meet our 4 mgd interim/emergency water supply obligation to the City of Cedar Park. Public Comment: N/A Blue Sheet Format Updated 01/20/04 CNS -67— la ole