CM-08-09-226CITY OF ROUND ROCK
AGREEMENT FOR 2008 GENERAL SURVEYING SERVICES
WITH INLAND GEODETICS, LP
CITY OF ROUND ROCK
STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
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KNOW ALL BY THESE PRESENTS:
THIS AGREEMENT for 2008 general surveying services (hereinafter referred to as the
"Agreement") is made and entered into on this the *51h day of eaiy~, 2008 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 the "City"), and INLAND
GEODETICS, LP, whose offices are located at 1504 Chisholm Trail Road, Suite 103, Round Rock,
Texas, 78681 (hereinafter referred to as the "Surveyor"), and such Agreement is for the purpose of
contracting for certain professional surveying services.
RECITALS:
WHEREAS, V.T.C.A., Government Code, Subchapter A, Section 2254.002(2)(A)(vii) entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional surveyors; and
and
WHEREAS, City and Surveyor desire to contract for certain professional surveying services;
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:
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated by reference and made a part hereof for all purposes) and all
Supplemental Agreements which may be subsequently issued. These form the entire Agreement, and all
are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
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ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
SURVEYING SERVICES; WORK SCHEDULE
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 Agreement 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 approval by appropriate
action of the City Council or City Manager.
ARTICLE 3
AGREEMENT 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
Agreement as set forth below in Article 20. So long as the City elects not to terminate this Agreement, 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 projects 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 Agreement in a professional manner.
(3) Notices to Proceed. After execution of this Agreement, Surveyor shall not proceed with
Surveying Services until authorized in writing by City to proceed as provided in Article 7.
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 Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of Ten Thousand Nine Hundred Fifteen and No/100 Dollars ($10,915.00), inclusive of
reimbursable expenses, as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable
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shall be revised equitably only by written Supplemental Agreement in the event of a change in
Surveying Services as authorized by City.
Surveyor shall prepare and submit to City regular 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 Agreement.
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.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by City to Surveyor will be made within thirty (30) days of the date City receives goods under this
Agreement, the date the performance of the services under this Agreement are completed, or the date
City receives a correct invoice for the goods or services, whichever is later. Surveyor may charge
interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the
payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section
2251.025(b). This Prompt Payment Policy does not apply to payments made by City in the event:
(1) There is a bona fide dispute between City and Surveyor, a contractor, subcontractor, or
supplier about goods delivered or services performed that cause the payment to be late; or
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(2) There is a bona fide dispute between Surveyor and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed that causes the
payment to be late; or
(3) The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instructions on the purchase
order relating to the payment.
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
NOTICES TO PROCEED
Each Surveying Services Task delineated in Exhibit B shall be authorized by a separate written
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 Agreement is as follows:
Don M. Rundell, P.E.
Chief Utility Surveyor
212 Commerce Boulevard
Round Rock, Texas 78664
Telephone Number: (512) 218-5554
Fax Number: (512) 218-3242
Email Address: drundell@round-rock.tx.us
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Agreement. 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 Agreement is as follows:
M. Stephen Truesdale, RPLS, LSLS
Inland Geodetics, LP
1504 Chisholm Trail Road, Suite 103
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 and in that event 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.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Surveying Services, but not to terminate this Agreement, 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 Agreement is suspended for more than thirty (30) days, Surveyor shall have the option of
terminating this Agreement.
If City suspends the Surveying Services, the Agreement period as determined in Exhibit C
entitled "Work Schedule" and in Article 3, 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 Agreement completion date.
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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 Agreement 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 Agreement 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 Agreement. 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 Agreement 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 Agreement, 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.
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement 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 Agreement
must be duly authorized by the City. Surveyor shall not proceed until the Supplemental Agreement 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 Agreement 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 Agreement 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 Agreement. Surveyor, at its own
expense, may retain copies of such documents or any other data which it has furnished City under this
Agreement.
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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 Agreement, 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 Agreement without prior written approval from City. All subcontracts shall include the provisions
required in this Agreement 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 Agreement.
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 AGREEMENT TERMS/BREACH OF AGREEMENT
Violation of Agreement terms or breach of Agreement by Surveyor shall be grounds for
termination of this Agreement, and any increased costs arising from Surveyor's default, breach of
Agreement, or violation of Agreement terms shall be paid by Surveyor.
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ARTICLE 20
TERMINATION
This Agreement 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 Agreement 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 Agreement under Subsection (4)
immediately above, then and in that event 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 Agreement or if City terminates this Agreement
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 Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Surveyor under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of
this Agreement 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
Agreement.
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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 Agreement,
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
Agreement, 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
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 projects 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.
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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
Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement without liability or, in its discretion and at its sole election,
to deduct from the Agreement 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 Agreement 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.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Surveyor, Surveyor shall require each subconsultant performing work under this Agreement to maintain
during the term of this Agreement, 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 Agreement, 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:
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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.
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 Agreement 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 Agreement, in whole or in part, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Agreement 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 Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral Agreements between the parties respecting the subject matter defined
herein. This Agreement 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 Agreement.
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ARTICLE 32
NOTICES
All notices to either party by the other required under this Agreement 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, RPLS, LSLS
Inland Geodetics, LP
1504 Chisholm Trail Road, Suite 103
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 Agreement
within the agreed Work Schedule may constitute a material breach of this Agreement. 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 Agreement 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 Agreement
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 Agreement 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 Agreement 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 Agreement will
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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 Agreement 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 Agreement 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.
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 Agreement and that he/she has full and
complete authority to enter into this Agreement on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement 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
By:
ATTEST:
By:
yor
£xty M Avt t/ t,, --
Sara L. White, City Secretary
FOR CI Y, PPROVED S TO FORM:
By: 4111L
Step an heets, Ci y Att ey
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INLAND GEODETICS, LP
By:
Printed Name: r'COi f
Title: PeiNef1?4`.‹
Date Signed: 2 55&f 200 g
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Surveying Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
Exhibit A
City Services
The City of Round Rock will furnish to the Surveyor the following items/information:
1. Designate a person to act as City's representative with respect to the services to
be performed or furnished by the Surveyor. This representation will have authority
to transmit instructions, receive information, interpret and define City's policies and
decisions with respect to surveying services.
2. Provide all criteria and full information as to City's requirements for the Task,
including objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and furnish copies of all design and
construction information if available to the City and necessary for the Surveyor to
complete the Task.
3. Assist Surveyor by placing all available information pertinent to the Task, including
previous reports and any other data relative to the ultimate project if available to
the City and necessary for the Surveyor to complete the task.
4. Furnish to Surveyor, as requested for performance of basic services or as required
by the Contract Documents, the following:
a. Data prepared by or services of others, including without limitation
explorations and tests of subsurface conditions at or contiguous to the site,
drawings of physical conditions in or relating to existing surface of subsurface
structures at or contiguous to the site;
b. Environmental assessments, audits, investigations and impact statements,
and other relevant environmental or cultural studies as to the Task or project,
the site and adjacent areas;
c. Access to and make all provisions for Surveyor to enter upon public and
private property as required for Surveyor to perform services under this
Agreement, shall be Surveyor responsibility;
d. Examine all alternate solutions, studies, reports, sketches, proposals and
other documents presented by Surveyor;
e. Provide such accounting, bond and financial advisory, independent cost
estimating and insurance counseling services and such legal services as City
may require or Surveyor may reasonably request with regard to legal issues
pertaining to the Task;
f. Provide labor and safety equipment to open electrical/instrumentation
cabinets, open/locate/uncover manholes and/or to valves and hydrants as
required by the Surveyor; and
Give prompt notice to Surveyor whenever City observes or otherwise
becomes aware of any development that affects the scope or time of
performance or furnishing of Surveyor's services, or any defect or
nonconformance issues in Surveyor's services.
g.
Exhibit B
Surveying Services
General Standards
All surveys shall meet or exceed the standards set in the Professional Land Surveying
Practices Act, the General Rules of Procedures and Practices promulgated by the Texas
Board of Professional Land Surveying (TBPLS), and subject to the approval of the City
of Round Rock.
The Texas Department of Transportation Survey Manual, latest editions, will serve as a
guide and shall be the basis for the format and preparation of all right-of-way documents
produced, including Right -of -Way Maps, property descriptions (including parcel Plats),
and other Right -of -Way work products, unless otherwise directed by the City.
All easement documents shall be formatted and prepared in accordance with the
standards set in the Professional Land Surveying Practices Act, the General Rules of
Procedures and Practices, the easement documents shall meet Williamson County's
Standards for Recordation, and shall be subject to the approval of the City of Round
Rock.
All surveys shall be tied to the "City of Round Rock Horizontal and Vertical Control
Network". In the executing of work under this contract should the surveyor find any City
Survey Control Monument to be incorrect the surveyor shall notify the City to receive
direction and/or authorization to correct the monument data, or relocate and establish
new monument data. This data shall be provided to the City utilizing the standard TX
DOT — GPS Monument Data form.
All GPS work, whether primary control surveys or other, shall meet or exceed the current
Federal Geodetic Control Subcommittee's (FGCS) Geometric Geodetic Accuracy
Standards and Specifications for Using GPS Relative Positioning Techniques and the
Texas Department of Transportation GPS Manual of Practice.
The North American Datum of 1983 (NAD83), Texas Coordinate System of 1983 (State
Plane Coordinates), applicable to the zone or zones in which the work is performed, with
values in U.S. Survey Feet, will be used for all horizontal coordinates derived.
Project or surface coordinates will be calculated by applying a Combined Adjustment
Factor (CAF) to the State Plane Coordinate values. The value utilized for a project may
be directed by the City to a) match existing or ongoing projects, b) conform to a Texas
Department of Transportation county -wide surface factor or c) be calculated specifically
for the project area.
Elevations will be based on North American Vertical Datum 88 (NAVD88), unless
otherwise directed by the City.
All conventional horizontal and vertical control surveys shall meet or exceed the current
Federal Geodetic Control Subcommittee's (FGCS) Standards and Specifications for
Geodetic Control Networks, and the Texas Department of Transportation Survey
Manual, the latest edition of the Texas Society of Professional Surveyors (TSPS) Manual
of Practice for Land Surveying in the State of Texas to the order of accuracy specified,
and in the categories listed below or in a Supplement Contract, the work shall meet or
exceed the order of accuracy specified in the publication listed in this paragraph.
In order to insure accuracy and accountability of the services provide under this contract,
the Surveyor may be required to certify work performed under this contract as true and
correct according to FGCS Standards, the Texas Department of Transportation Survey
Manual, latest edition, the Texas Department of Transportation GPS Manual of Practice,
latest edition of the TSPS Manual of Practice for Land Surveying in the State of Texas,
as may be applicable.
The Surveyor shall provide temporary signing and traffic control in and around survey
operations; signing and traffic control will comply with provisions of the Texas Manual of
Uniform Traffic Control Devices. All signs, flags, and safety equipment shall be provided
by the surveyor. Should any lane closures be required the Surveyor shall provide 24
hours advance notice to the appropriate authority.
The Surveyor shall provide all personnel, equipment, and materials necessary for the
performance of the activities required by this Contract or by any Supplemental Contract.
Data (original and processed) shall be provide to the City on a compact disk or other
approved medium and shall be fully compatible with the City's computer system and with
programs in use by the City at the time of submission, without further modification or
conversion. The program formats used by the City are: Arclnfo, ArcView and AutoCAD.
Variations in these software applications or other requirements listed above shall only be
allowed if requested in writing by the Surveyor and approved by the City.
The Surveyor shall perform Quality Control/Quality Assurance on all procedures, field
surveys, data, and products prior to delivery to the City. If, at any time, during the course
of reviewing a submittal of any item it becomes apparent to the City that the submittal
contains errors, omissions, and/or inconsistencies, the City may cease its review and
return the submittal to the Surveyor immediately for appropriate action by the Surveyor.
A submittal returned to the Surveyor for this reason is not a submittal for purposes of the
submission schedule.
The Standards for services that are not boundary -related but that relate to surveying for
engineering projects may be determined by the City's project engineer, project manager,
construction specifications, or design specifications.
Surveyor shall be responsible for all provisions to enter upon public and private property
as required for Surveyor to perform services under this Agreement, Surveyor shall
provide City with a written right of entry signed by himself and the property owner
authorizing the Surveyor to enter property.
SURVEYING SERVICES TO BE PROVIDED:
A. Parcels, Right -of Ways and Easements
1. PURPOSE
The purpose of parcel, right-of-way and easement surveys is to prepare
maps and other documents suitable for the acquisition and recordation in
Williamson County of real property and possible issuance of a title policy.
B. Tasks to be Performed under this Contract
Task 1 - Surveying Services for CR 112 Water Line Easements
1. Primary datum control will be recovered from previous project
thru Carter -Burgess. Inland will check and verify control to the
CORR Survey Control System Monument 01-026. The values will
be relative to NAD 83 Texas State Plane Coordinates, Central
Zone 4203 (scaled to surface values). Vertical Datum will be
NAVD 88 GPS Orthometric heights (Geoid 03) and projected
through the length of the project.
2. Inland will collect data any improvements that may affect the
easement or construction along the project route ROW to ROW
and extending 50 feet south thereof into the Paloma Subdivision.
Data collection will include driveways, parking lots, visible
utilities, drainage features.
3. Inland will prepare a "limited" exhibit of the existing ROW
conditions and adjoining property schematic (from record
information provided to the CORR) of the overall project. This
exhibit is NOT a survey but is presented for parcel tracking and
overall project cognizance.
4. Inland will perform sufficient additional field work to tie
recovered property monuments along the project route to
properly analyze the boundary lines of the affected parcels.
Inland will prepare a Survey Plat with accompanying metes and
bounds description (including TCE as noted being coincident with
permanent easement). Inland estimates the number of parcels
for this project to be 4.
Miscellaneous Professional Land Surveying Services
1. The purpose of this task is to perform miscellaneous surveying
tasks on an "as needed" basis for immediate tasks deemed
necessary by the CORR Staff. These service may include but are
not limited to the following activities: easement preparation, small
area topographic surveys, traffic counts, ROW determination and
delineations, CORR GPS Monument replacement or establishment
of new monuments, location of utility markings and potholes, tree
surveys, quality control of submitted platting or monuments, as -
built surveys of utilities or other infrastructures... These tasks will
be issued and accounted for via a "Work Order" system.
Individual requests for survey will be proposed and fees agreed
upon before issuance of the work order. Inland will deliver a
running tally of the amount billed, billed this work order, and
amount left in this subsection's budget after each work order is
issued.
Each Surveying Services Task will be authorized by a separate written Notice to
Proceed.
Tasks not specifically identified herein will require the execution of a Supplemental
Contract.
Duration of this Contact will be based on the schedule of the Tasks identified herein and
the schedule of additional Task that maybe assigned later and specifically identified with
the execution of a Supplemental Contract.
Exhibit C
Work Schedule
Each Surveying Services Task will be authorized by a separate written Notice to
Proceed. Task not specifically identified herein will require the execution of a
Supplemental Contract.
Notice to Proceed (Task 1)
Task 1 - Surveying Services for CR 112 Water Line
Easements
June 2008
Start
July 2008
Finish
November 2008
Notice to Proceed (Task 2)
Start
Finish
Notice to Proceed (Task 3)
Start
Finish
Notice to Proceed (Task 4)
Start
Finish
Notice to Proceed (Task 5)
Notice to Proceed (Task 6)
Exhibit D
Fee Schedule
SERVICE
TOTAL
RATE / HOUR
TASK 1 - CR 112 EASEMENTS
$0.00
MISCELLANEOUS SURVEY WOS
$0.00
SUB -TOTAL
$10,663.00
REIMBURSEABLE ITEMS
1
_
$252,00
REIMBURSEABLE SERVICES
$0.00
ESTIMATED FEE
$10,915.00
General Surveying Services Contract with
Inland Geodetics
June 2008
PAGE 1 of 2
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Exhibit C
Work Schedule
Each Surveying Services Task will be authorized by a separate written Notice to
Proceed. Task not specifically identified herein will require the execution of a
Supplemental Contract.
Notice to Proceed (Task 1)
Task 1 - Surveying Services for CR 112 Water Line
Easements
June 2008
Start
July 2008
Finish
November 2008
Notice to Proceed (Task 2)
Start
Finish
Notice to Proceed (Task 3)
Start
Finish
Notice to Proceed (Task 4)
Start
Finish
Notice to Proceed (Task 5)
Notice to Proceed (Task 6)
Exhibit A
City Services
The City of Round Rock will furnish to the Surveyor the following items/information:
1. Designate a person to act as City's representative with respect to the services to
be performed or furnished by the Surveyor. This representation will have authority
to transmit instructions, receive information, interpret and define City's policies and
decisions with respect to surveying services.
2. Provide all criteria and full information as to City's requirements for the Task,
including objectives and constraints, space, capacity and performance
requirements, flexibility and expandability, and furnish copies of all design and
construction information if available to the City and necessary for the Surveyor to
complete the Task.
3. Assist Surveyor by placing all available information pertinent to the Task, including
previous reports and any other data relative to the ultimate project if available to
the City and necessary for the Surveyor to complete the task.
4. Furnish to Surveyor, as requested for performance of basic services or as required
by the Contract Documents, the following:
a. Data prepared by or services of others, including without limitation
explorations and tests of subsurface conditions at or contiguous to the site,
drawings of physical conditions in or relating to existing surface of subsurface
structures at or contiguous to the site;
b. Environmental assessments, audits, investigations and impact statements,
and other relevant environmental or cultural studies as to the Task or project,
the site and adjacent areas;
c. Access to and make all provisions for Surveyor to enter upon public and
private property as required for Surveyor to perform services under this
Agreement, shall be Surveyor responsibility;
d. Examine all alternate solutions, studies, reports, sketches, proposals and
other documents presented by Surveyor;
e. Provide such accounting, bond and financial advisory, independent cost
estimating and insurance counseling services and such legal services as City
may require or Surveyor may reasonably request with regard to legal issues
pertaining to the Task;
f. Provide labor and safety equipment to open electrical/instrumentation
cabinets, open/locate/uncover manholes and/or to valves and hydrants as
required by the Surveyor; and
Give prompt notice to Surveyor whenever City observes or otherwise
becomes aware of any development that affects the scope or time of
performance or furnishing of Surveyor's services, or any defect or
nonconformance issues in Surveyor's services.
g.
Exhibit B
Surveying Services
General Standards
All surveys shall meet or exceed the standards set in the Professional Land Surveying
Practices Act, the General Rules of Procedures and Practices promulgated by the Texas
Board of Professional Land Surveying (TBPLS), and subject to the approval of the City
of Round Rock.
The Texas Department of Transportation Survey Manual, latest editions, will serve as a
guide and shall be the basis for the format and preparation of all right-of-way documents
produced, including Right -of -Way Maps, property descriptions (including parcel Plats),
and other Right -of -Way work products, unless otherwise directed by the City.
All easement documents shall be formatted and prepared in accordance with the
standards set in the Professional Land Surveying Practices Act, the General Rules of
Procedures and Practices, the easement documents shall meet Williamson County's
Standards for Recordation, and shall be subject to the approval of the City of Round
Rock.
All surveys shall be tied to the "City of Round Rock Horizontal and Vertical Control
Network". In the executing of work under this contract should the surveyor find any City
Survey Control Monument to be incorrect the surveyor shall notify the City to receive
direction and/or authorization to correct the monument data, or relocate and establish
new monument data. This data shall be provided to the City utilizing the standard TX
DOT — GPS Monument Data form.
All GPS work, whether primary control surveys or other, shall meet or exceed the current
Federal Geodetic Control Subcommittee's (FGCS) Geometric Geodetic Accuracy
Standards and Specifications for Using GPS Relative Positioning Techniques and the
Texas Department of Transportation GPS Manual of Practice.
The North American Datum of 1983 (NAD83), Texas Coordinate System of 1983 (State
Plane Coordinates), applicable to the zone or zones in which the work is performed, with
values in U.S. Survey Feet, will be used for all horizontal coordinates derived.
Project or surface coordinates will be calculated by applying a Combined Adjustment
Factor (CAF) to the State Plane Coordinate values. The value utilized for a project may
be directed by the City to a) match existing or ongoing projects, b) conform to a Texas
Department of Transportation county -wide surface factor or c) be calculated specifically
for the project area.
Elevations will be based on North American Vertical Datum 88 (NAVD88), unless
otherwise directed by the City.
All conventional horizontal and vertical control surveys shall meet or exceed the current
Federal Geodetic Control Subcommittee's (FGCS) Standards and Specifications for
Geodetic Control Networks, and the Texas Department of Transportation Survey
Manual, the latest edition of the Texas Society of Professional Surveyors (TSPS) Manual
of Practice for Land Surveyinq in the State of Texas to the order of accuracy specified,
and in the categories listed below or in a Supplement Contract, the work shall meet or
exceed the order of accuracy specified in the publication listed in this paragraph.
In order to insure accuracy and accountability of the services provide under this contract,
the Surveyor may be required to certify work performed under this contract as true and
correct according to FGCS Standards, the Texas Department of Transportation Survey
Manual, latest edition, the Texas Department of Transportation GPS Manual of Practice,
latest edition of the TSPS Manual of Practice for Land Surveying in the State of Texas,
as may be applicable.
The Surveyor shall provide temporary signing and traffic control in and around survey
operations; signing and traffic control will comply with provisions of the Texas Manual of
Uniform Traffic Control Devices. All signs, flags, and safety equipment shall be provided
by the surveyor. Should any lane closures be required the Surveyor shall provide 24
hours advance notice to the appropriate authority.
The Surveyor shall provide all personnel, equipment, and materials necessary for the
performance of the activities required by this Contract or by any Supplemental Contract.
Data (original and processed) shall be provide to the City on a compact disk or other
approved medium and shall be fully compatible with the City's computer system and with
programs in use by the City at the time of submission, without further modification or
conversion. The program formats used by the City are: Arclnfo, ArcView and AutoCAD.
Variations in these software applications or other requirements listed above shall only be
allowed if requested in writing by the Surveyor and approved by the City.
The Surveyor shall perform Quality Control/Quality Assurance on all procedures, field
surveys, data, and products prior to delivery to the City. If, at any time, during the course
of reviewing a submittal of any item it becomes apparent to the City that the submittal
contains errors, omissions, and/or inconsistencies, the City may cease its review and
return the submittal to the Surveyor immediately for appropriate action by the Surveyor.
A submittal returned to the Surveyor for this reason is not a submittal for purposes of the
submission schedule.
The Standards for services that are not boundary -related but that relate to surveying for
engineering projects may be determined by the City's project engineer, project manager,
construction specifications, or design specifications.
Surveyor shall be responsible for all provisions to enter upon public and private property
as required for Surveyor to perform services under this Agreement, Surveyor shall
provide City with a written right of entry signed by himself and the property owner
authorizing the Surveyor to enter property.
SURVEYING SERVICES TO BE PROVIDED:
A. Parcels, Right -of Ways and Easements
1. PURPOSE
The purpose of parcel, right-of-way and easement surveys is to prepare
maps and other documents suitable for the acquisition and recordation in
Williamson County of real property and possible issuance of a title policy.
B. Tasks to be Performed under this Contract
Task 1 - Surveying Services for CR 112 Water Line Easements
1. Primary datum control will be recovered from previous project
thru Carter -Burgess. Inland will check and verify control to the
CORR Survey Control System Monument 01-026. The values will
be relative to NAD 83 Texas State Plane Coordinates, Central
Zone 4203 (scaled to surface values). Vertical Datum will be
NAVD 88 GPS Orthometric heights (Geoid 03) and projected
through the length of the project.
2. Inland will collect data any improvements that may affect the
easement or construction along the project route ROW to ROW
and extending 50 feet south thereof into the Paloma Subdivision.
Data collection will include driveways, parking lots, visible
utilities, drainage features.
3. Inland will prepare a "limited" exhibit of the existing ROW
conditions and adjoining property schematic (from record
information provided to the CORR) of the overall project. This
exhibit is NOT a survey but is presented for parcel tracking and
overall project cognizance.
4. Inland will perform sufficient additional field work to tie
recovered property monuments along the project route to
properly analyze the boundary lines of the affected parcels.
Inland will prepare a Survey Plat with accompanying metes and
bounds description (including TCE as noted being coincident with
permanent easement). Inland estimates the number of parcels
for this project to be 4.
Miscellaneous Professional Land Surveying Services
1. The purpose of this task is to perform miscellaneous surveying
tasks on an "as needed" basis for immediate tasks deemed
necessary by the CORR Staff. These service may include but are
not limited to the following activities: easement preparation, small
area topographic surveys, traffic counts, ROW determination and
delineations, CORR GPS Monument replacement or establishment
of new monuments, location of utility markings and potholes, tree
surveys, quality control of submitted platting or monuments, as -
built surveys of utilities or other infrastructures... These tasks will
be issued and accounted for via a "Work Order" system.
Individual requests for survey will be proposed and fees agreed
upon before issuance of the work order. Inland will deliver a
running tally of the amount billed, billed this work order, and
amount left in this subsection's budget after each work order is
issued.
Each Surveying Services Task will be authorized by a separate written Notice to
Proceed.
Tasks not specifically identified herein will require the execution of a Supplemental
Contract.
Duration of this Contact will be based on the schedule of the Tasks identified herein and
the schedule of additional Task that maybe assigned later and specifically identified with
the execution of a Supplemental Contract.
CR 112
WATER UNE
EASEMENT
S:\MAPS\2008\CouncO\water1CR112 WL_EASEMENT\CR11 _WL EASEMENT.mxd
DATE: August 29, 2008
SUBJECT: City Manager Approval - September 5, 2008
ITEM: Consider a resolution authorizing the City Manager to execute a
Professional Services Contract with Inland Geodetics, L.P. for 2008
General Surveying Services.
Department: Water and Wastewater Utilities
Staff Person: Michael Thane, P.E., Director of Utilities
Justification:
These services will allow the City to get a head start on the easement acquisition for the CR
112, 24" Water Line Project. This water line project will extend the existing 24" water line,
which currently terminates at CR 112 and Arterial "A", eastward along CR 112 to Paloma
Boulevard. The design phase and construction phase of this project are scheduled to
commence April 2009 and November 2009, respectfully.
Funding:
Cost: $10,915
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources:
Inland Geodetics, L.P.
Background Information:
This water line was identified in the Paloma MUD Development Agreement. The agreement
states that the City will have this water line in service by December 2010. The existing 24"
water line at CR 112 and Arterial "A" was a part of the East Water Transmission Line, Phase
3B-1 project, also identified in the Paloma MUD Development Agreement.
This work will be integral and integrated into the design and construction of the water Zine
project. We have typically allowed the Design Engineer to hire the Surveyor during water
line projects. However, the State of Texas has cited Rule 3.356 in response to an inquiry
regarding a Surveyor being required to collect sales tax from the Design Engineer that is
working under contract for a municipality. By contacting directly with a Surveyor, the City
avoids having to pay sales tax for these services.
Public Comment:
N/A
Blue Sheet Format
Updated 01/20/04