CM-13-11-223ROUND ROCK, TEXAS
ftRPOW mat( PROSPERITY
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a Contract for Surveying Services with Inland
Geodetics, LLC for the McNeil ROW Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/29/2013
Dept Director:
Gary Hudder, Transportation Director
Cost: $17,272.00
Indexes: General Self -Financed Construction
Attachments: Surveying Services Contract w- Inland Geodetics (00287042)
Department: Transportation Department
Text of Legislative File CM -13-11-223
In 2011, a dispute arose with the Union Pacific Railroad regarding the McNeil Road right-of-way. Since then, a
resolution has been reached with UPRR, in which the right-of-way for McNeil Road will be granted to the City.
This contract with Inland Geodetics will provide surveying and monumenting services along McNeil Road to
officially establish this right-of-way. This contract is in the amount of $17,272.00.
Staff recommends approval.
City of Round Rock Page 1 Printed on 11/26/2013
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Transportation
Project Mgr/Resource: John Dean
0Council Action:
I
ORDINANCE
Agenda Wording
Project Name: McNeil Road ROW
ContractorNendor: Inland Geodetics, LLC
n RESOLUTION
City Manager Approval
CMA Wording
Consider executing a Contract for Surveying Services with Inland Geodetics, LLC for the McNeil Road ROW Project.
Attorney Approval
12/Attorney
Notes/Comments
Date
O:\wdox\SCCInts10127113251MISC100287061.XLS Updated 6/3/08
INLAND
GEODETICS
PROFESSIONAL LANA] SURVEYORS
1504 Chisholm Trail Road. Ste: 103
Round Rock, Texas 78681
(512)238-1200
FAX (512)238-1251
LETTER OF TRANSMITTAL
TO: City of Round Rock
DATE: 11/27/2013
PROJECT NO:
ATTN: Leah Coffman
RE: McNeil Road Row Project
WE ARE SENDING YOU
THESE ARE TRANSMITTED
X
Contracts Signed/Unsigned
As Requested
Invoice
For your Use
Prints Signed/Unsigned
For Review and Comment
Reports
Computer Disk
Fieldnotes
DWG -File
NUMBER/CLIENT
DESCRIPTION
REMARKS
2 Copies of signed contract.
DISTRIBUTION
PREPARED BY:
Steve Truesdale
President
''ROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR SURVEYING SERVICES
WITH INLAND GEODETICS, LLC
FOR THE
MCNEIL ROAD ROW PROJECT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR SURVEYING SERVICES ("Contract") is made and entered into on
this the A day of Decernbett , 2013, 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, LLC, whose principal
place of business is located at 1504 Chisholm Trail Drive, Suite 103, Round Rock, Texas 78681,
(hereinafter called "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:
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.
0127.1325; 002870421rmc
CM- 13--‘ t -723
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 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 performed 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.
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.
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The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Seventeen Thousand Two Hundred Seventy -Two and No/100 Dollars ($17,272.00)
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.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made
by the City to Surveyor will be made within thirty (30) days of the date the City receives goods under
this Agreement, the date the performance of the services under this Agreement are completed, or the
date the 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
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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 the City in the event:
(a) There is a bona fide dispute between the City and Surveyor, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
cause the payment to be late; or
(b) 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
(c) The terms of a federal contract, grant, regulation, or statute prevent the City from
making a timely payment with federal funds; or
(d) The invoice is not mailed to the City in strict accordance with any instruction 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
NOTICE TO PROCEED
City shall issue a written authorization to proceed with Surveying Services. City shall not be
responsible for actions by Surveyor or any costs incurred by Surveyor relating to additional Surveying
Services not included in Exhibit B.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
John Dean
Project Manager
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number: (512) 218-6617
Fax Number: (512) 218-5536
Email Address: idean@roundrocktexas.gov
roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
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.
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Surveyor's Designated Representative for purposes of this Contract is as follows:
M. Stephen Truesdale, RPLS, LSLS
Principal
1504 Chisholm Trail Drive, Suite 103
Round Rock, TX 78681
Telephone Number: (512) 238-1200
Fax Number: (512) 238-1251
Email Address: STEVE(41NLAND-GEO.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 ability to meet 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 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.
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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 hereunder, then Surveyor shall make such revisions as directed by City. Such
revisions shall be considered 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 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 City Council Resolution or appropriate City Manager action. Surveyor
shall not proceed until the appropriate action has been taken. 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.
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ARTICLE 14
OWNERSHIP OF DOCUMENTS
All data, basic sketches, charts, calculations, plans, specifications, and other documents created
or collected under the terms hereof are exclusive property of City and shall be fitrnished 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.
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
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.
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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 failure of the other to firlfill 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
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 settlement of all contractual and administrative issues arising
out of any procurements made by Surveyor in support of the Surveying Services under this Contract.
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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 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 save and hold City harmless from any and all expenses, including but not limited
to 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 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 Engineers.
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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
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
Five Hundred Thousand Dollars 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) Subconsultaut 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:
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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. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive irrevocable right to reproduce, publish or
otherwise use and/or authorize others to use 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.
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.
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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
Surveyor:
and to:
M. Stephen Truesdale, RPLS, LSLS
Principal
1504 Chisholm Trail Drive, Suite 103
Round Rock, TX 78681
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
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.
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(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.
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 by
and through its authorized representative, and Surveyor, Castleberry Surveying, Ltd.., has caused this
Contract to be signed by and through his/her/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.
13
CITY OF ROUND ROCK, TEXAS:
By:
Printed Name:
Title:
ATTEST:
By:
`teve. �oriax-�x 1
(` ,Mourvic)P.,(
1/6f*6
Sara L. White, City Clerk
FOR CIT • PPROVED S TO FORM:
By:
Stephan
_ A
Sheets, City Attorney
INLAND GEODJ TICS, LLC
By:
Printed Name: m, 0jL' lavvo/i-tE
Title:/2//tieri/ t %Co - D t1,/UGc/L
cpcs, 5.z
14
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
Exhibit A
City Services
The City of Round Rock will furnish to the Surveyor the following items/information:
I. 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. 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;
b. 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
c. 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.
Exhibit B
Surveying Services
SURVEYING SERVICES
Inland Geodetics (Inland) shall provide Boundary surveying services for determination of
the north ROW of McNeil Road from South Mays Street to the westerly city limits,
excluding the ROW of IH 35, in Round Rock, TX. Inland considers this an extension of
the information derived for the UPRR ROW survey performed earlier this year for the City.
RIGHT -OF -ENTRY SERVICES
Inland does not anticipate the need for ROE to private properties along the project route.
Should the need become necessary for task completion, Inland will contact the landowner
directly or through other means to attempt to gain access to the property. Records of
landowner contacts will be forwarded to City Project Managers.
BOUNDARY SURVEYING SERVICES
1.) The Surveyor shall generate, recover, and/or verify existing horizontal and vertical
project primary control throughout the site (if any), and reconcile the control to the
City of Round Rock GPS Monument system. For the purposes of this survey it is
understood that vertical control measurements are not a requirement for task
completion
2.) The Surveyor shall establish or densify additional secondary control as needed for the
project to collect data and boundary evidence along the length of the project.
3.) The Surveyor shall perform sufficient records research from various sources to
generate a working sketch of the McNeil Road. ROW via depiction of the adjoining
properties along the apparent north ROW line thereof. The purpose of the survey is
to determine the ROW existing condition in relation to ROW dedications, easements,
and other subdivision references along the project length. Sufficient field work will
be performed to locate existing property corners, and relevant improvements that are
deemed evidentiary to the boundary survey.
4.) Inland will deliver a signed and sealed survey plat "exhibit" of the existing boundary
determination with references and depictions of subdivision plat details included such
as ROW dedications, ROW related easements, and other specific entities that may
affect the ROW configuration for conveyance from private entities to the City of
Round Rock.
5.) The Surveyor shall place or replace monuments marked as "CORR ROW" at points
along the ROW boundary lines for intersection corners and "cutback" lines, and along
tangent lines at 1500 foot intervals for the area limited above
1
ASSUMPTIONS
1. The Surveyor shall notify the client prior to performing the work if:
(a.) Sufficient right-of-way monumentation cannot be found to re-establish the
existing alignments and associated right-of-way lines along the project corridor.
This proposal does not provide for field surveying of the adjoining property
sidelines. The sidelines will be depicted based on record data only.
(b.) Traffic Control cannot be managed by the Surveyor's personnel.
(c.) The work is delayed due to weather or other circumstances beyond the Surveyor's
direct control.
(d.) Coordination with City personnel or landowners that limits the access to their
installations or availability of records for the survey.
2
Exhibit C
Work Schedule
Start: Work will begin immediately from notice to proceed.
Finish: Delivery will be within 6 weeks of notice to proceed.
Fee Schedule
Reimburseable Fees Include:
Reimburseable Services Include:
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BOUNDARY SCHEMATIC
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IPREP,CONTROL AND BNDY SURVJ
SURVEY PLAT
MONUMENTATION
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IsDELIVERALBLE
UEI-TOTAL
REIMBURSEABLE ITEMS
REIMBURSEABLE SERVICES
;ESTIMATED FEE
Reimburseable Fees Include:
Reimburseable Services Include:
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EXHIBIT E
Certificates of Insurance
Attached Behind This Page
Dale Howard State Farm
5123397295
P.1
iNCERTIFICATE OF LIABILITY INSURANCE
DATE
i�iNIO3"'�o
THIS C.,- ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CE- •:-..,,'; :-,,, • •ES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BEL' 1. •.I:-' ERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder Fs an ADDITIONAL INSURED, the palicy(ies) must be endorsed, If SUBROGATION JS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
"°114"/C" E DALE HOWARD JR
8101 CAMERON ROAD, SUITE 102
SteteFamt AUSTIN, TX 78754
akissINSURERS)
NCOA �TACY Dare Howard
AX
RIM. 512-339-7222 Ei1rc. Not 512-339-7295
EMAIL
AODRess: dianeteidalehowardins.com
AFFORDING COVERAGE NAIC g
INSURER A : Stale Farm Lloyds
INSURED INLAND GEODETICS
1504 CHISHOLM TRAIL ROAD, SUITE 103
ROUND ROCK, TX 78681
"41111C176 A e•GI ..r.......w.....ilk .....�.o...
INSURER e : Stale Farm Mutual Automobile Insurance Company
43419
i 25173E
INauRERC :State Farm Fire and Casualty Com0arnt_
25141
INSURER 0:
EACH OCCURRENCE
INSURER E:
INSURER F :
COMMERCIAL GENERAL UAOILITY
.ar=1.V.VI\ mattnD=r,;
THIS IS TO CERTIFY THAT THE POLICIES OF fNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTRLTR
TYPE OF INSURANCE
UB
SIM
POLICY
POLICY NUMBER
(MMUTNYYLICY YYy1
tmerocIYTYYI
LIMITS
A
GENERALUABIUTY
90B4A9152
07/1612013
07/1512014
EACH OCCURRENCE
$ 1,000,000
X
COMMERCIAL GENERAL UAOILITY
DAMAGE TO REN FED
CLAIMS -MADE I X I OCCUR
PREMISES /Eeocc:navel
MED EXP
$
5,000
:My ons person)
PERSONALS ADV EIJIJRI
$
1,000,000
GENERAL AGGREGATE
$
2,000,000
GEN'L AGGREGATE UNIFAPPUES PER
PRODUCTS - COMP/OP MG
1
S 1,000.000
B
X
AUTOMOBILE
POLICY r1 .IERCT I I LOC
LIABILITY
El
1 1
I 1
0155877f0153
12128/2012
12128/2014
I SINGLE LIMIT
$
3
.---
ANY AUTO
ALL
DrAT
ULED
BODILY INJURY (Per peracn)
$ 1,000,000
Au
BODILY INJURY (Prwracddent)
$ 1,000,000
HIRED AUTOS
AUTOS gpD
PROPERTY DAMA?E
IPoracrtdonn
$ 1,000,000
$
C
X UMBRELLALIAU
_
OCCUR
nri
90b3Q5211
06107/2013
06107/2014
EACH OCCURRENCE
S 2,000,000
DCCE88LIAU
CLAIMS -MADE
AGGREGATE S
1 OED 1 RETENTION$
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIAOItJTY YIN
90 B4A4377
05/23/2013
05123120 t4
WC STATU-OTH
TORY LIMITS I X ER
ANY PROPRIETORPARTNERIEXECUTNE
OFF CE/MEMBER EE)CCLUOED7
N / A
Q
E.L. EACH ACCIDENT $ 100,000
(Mandatoryrn NH)
Eyes, dasaim under
E.L. DISEASE - EA 6.IPLOYE6 S 100,000
pFRORtP-DoNOFOPERATIONS hele,v
E.L_DISEASE -POLICY LIMIT 1 $ 500,000
l I
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more apace is requrrodj
REF: MCNEIL ROAD ROW EXHIBIT
CANCELLATION
CITY OF ROUND ROCK
212 COMMERCE BLVD.
ROUND ROCK, TX 78684
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
RESENTAT71�
®1988-2010 ACORD CORP ION. All rights reserved.
ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD 1001485 132849.8 01-23-2013
CIlent#: 169868
INLANGEO
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MMNODYYYY)
11/19/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
USI Southwest
7600-B N. Cap. of Tx Hwy. #200
Austin, Texas 78731
NAOT Debra Wylie
PHONE
(AMNo Est): 512-651-4159 FAX , NO: 512-467-0113
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER A : Catlin Insurance Company, Inc.
19518
INSURED
Inland Geodetics, LLC
1504 Chisholm Trail Road, Suite 103
Round Rock, TX 78681
INSURER B :
INSURER C:
INSURER D:
$
INSURER E :
$
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDD BY�PAIIyDECLAIMS.
IMP LTR
TYPE OF INSURANCE
INSq
µrye
POLICY NUMBER
(MECO YYY)
(MM/DD/YYYV)
LIMITS
GENERALLIABIUY
COMMERCIAL GENERAL UABILITY
EEAAHHEMISES CC�OECCCUURRRENCE
$
PR(Ea occuENTEante)
$
CLAPAS-MADE
OCCUR
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GENL AGGREGATE LIMIT APPLIES PER:
POLICY 1 I JPRO- ECCTI I LOC
PRODUCTS - COMP/OP AGO
$
$
AUTOMOBILE
—(Per
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
�
SCHEDULED
AUTOS
NON-OWNED
AUTtmOSos
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
accident)
$
$
UMBRELLA LIAR
EXCESS LIA2
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
OED RETENTIONS
$
WORKERS COMPENSATION
ANDEMPLOYERS' LIABILITY Y
ANY
FICERIMEMBER EXCCL DED?EryE
(Mandatory In NH)
II yes, describe under
DESCRIPTION OF OPERATIONS below
N 1 A
OTH-
IWC STATU- I SH-
TORY LIMITS L1
E.L. EACH ACCIDENT
$
E.L. DISEASE- EA EMPLOYEE
$
E.L DISEASE - POLICY LIMIT
$
A
Professional Liab
Claims Made Pol.
AED198943111
Retro:11/20/00
11/20/2013
11/20/2014
$2,000,000 per claim
$2,000,000 annl aggr.
DESORPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
RE• McNeil Road ROW Exhibit.
This Certificate is issued in respects to above referenced.
ERTIFICATE HOLDER
CANCELLATION
I
City of Round Rock
Attn: John Dean, AICP
212 Commerce Blvd.
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED NI
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
A.m.. (. tbv.w trig -r ►
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD
SVBZP
#S11322495/M11275761