CM-2020-255 - 9/25/2020SUPPLEMENTAL AGREEMENT NO. 1
TO "CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES RELATED TO
PREPARATION OF A REPLAT OF HERITAGE CENTER
WITH
WAELTZ & PRETE, INC."
CITY OF ROUND ROCK §
STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
THIS SUPPLEMENTAL AGREEMENT NO. 1 to "City of Round Rock Agreement for
Professional Consulting Services Related to Preparation of a Replat of Heritage Center with
Waeltz & Prete, Inc." hereinafter called "Supplemental Agreement No. 1," is made by and
between the CITY OF ROUND ROCK, a Texas home -rule municipality (hereinafter referred to
as the "City"), located at 221 East Main Street, Round Rock, Texas 78664, and WAELTZ &
PRETE, INC., whose offices are located at 211 North A.W. Grimes Boulevard, Round Rock,
Texas 78665 (hereinafter referred to as "Consultant').
WHEREAS, the City and Consultant previously executed the referenced "City of Round
Rock Agreement for Professional Consulting Services Related to Preparation of a Replat of
Heritage Center" (hereinafter referred to as the "Agreement'); and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions
for the scope of services and to increase the compensation by $8,620.00 for a total cost of
$30,917.09; and
NOW THEREFORE, premises considered, and in consideration of the mutual promises
and obligations in the Agreement and this Supplemental Agreement, the City and Consultant
agree as follows:
I.
That Section 3.0, Scope of Services, is hereby amended to include the attached
Addendum Exhibit `B," as a part of the Scope of Services and Addendum Exhibit "C" as part of
the Work Schedule, incorporated herein by reference for all purposes.
II.
That Section 4.0, Limitations to Scope of Services, is hereby amended to include the
attached Addendum Exhibit `B," as part of the Scope of Services.
004551861ss2
That Section 5.0, Contract Amount, is hereby amended to add an additional Eight
Thousand Six Hundred Twenty and No/100 Dollars ($8,620.00), in accordance with the
attached Addendum Exhibit "D," incorporated herein by reference for all purposes, to the
original contract amount of Twenty -Two Thousand Two Hundred Ninety -Seven and 09/ 100
Dollars ($22,297.09) for a total not -to -exceed amount of Thirty Thousand Nine Hundred
Seventeen and 09/100 Dollars (39,917.09).
IV.
This First Supplemental Agreement shall amend the original Agreement only as set forth
herein with no other changes in terms of conditions of the original Agreement.
IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental
Agreement No. 1 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS
By: (;VL4
Printed Nam
Title: n'
Date Signed:
ATTEST:
FOR CITY, APPROVED AS TO FORM:
By:
Stephaj L. Sheets, City Attorney
2
WAELTZ & PRETE, INC.
A A P
By.
Printed Na e: k;
Title: Sdr.-
Date Signed: I (,
WAELTZ & PRETE, INC.
Heritage Center Replat
ADDENDUM EXHIBIT "B"
SERVICES TO BE PERFORMED BY THE ENGINEER & SURVEYOR
BASIC SCOPE OF SERVICES
1. (ENGINEERING SCOPE):
a. Coordinate with Project Surveyor for survey scope of services.
2. PLATTING (SURVEY SCOPE):
Surveying services to be provided by Diamond Surveying, Inc. as a sub -consultant
to Waeltz & Prete, Inc.
a. Diamond Surveying's scope is attached behind this page.
Diamond Surveying, Inc.
Shane Shafer
116 Skyline Road
Georgetown, TX 78628
Phone 93 1-3 100
shane@diamondsurveying.com
Proposal No. ADDITIONAL SURVEY SERVICES TO REVISED 2020-WPI 655 E PALM
VALLEY FAITH CULTURE CHURCH-BND VERIFICATION -PARTIAL TREE SURVEY-
REPLAT
July 8, 2020
Waeltz & Prete, Inc.
211 A.W Grimes Blvd.
Round Rock, TX 78665
Attention: Mr. Tony Prete, P.E.
Re: Proposal for additional survey services as requested by Tony Prete, P.E. and Mr. Don Childs
with Sheets & Crossfield relating to Preliminary Standard Land Survey and Land Title Surveys
being portion of Lot 10, Heritage Center Subdivision, recorded in Cabinet E, Slide 294, Plat
Records of Williamson County, Texas, and a portion of Lot 9A, Replat of Lot 9, Heritage Center
Subdivision, recorded in Cabinet GG, Slide 27, Plat Records of Williamson County, Texas.
Site address: 655 E. Palm Valley Blvd, Round Rock, TX
We are pleased to submit our proposal for services related to the above referenced project. Below
is our list of proposed Scope of Services and basis of Compensation:
Scope of Services:
1. Preliminary Standard Land Surveys for proposed 0.820 acre tract of land and a 3.469 acre
tract of land: Perform office and field work necessary to prepare two (2) separate
Standard Land Surveys (Boundary information only — no improvements) for a 0.820 acre
tract of land being a portion of above mentioned Lot 9A and a 3.469 acre tract of land
being the south portion of above mentioned Lot 10. Surveyor shall prepare two (2)
separate signed and sealed metes & bounds descriptions with sketches for Title Company
to review and prepare current Commitments for Title Insurance for each tract of land.
Fee for item 1: $2,810.00
2. Category IA, Condition II, Land Title Survey for proposed 0.820 acre tract of land:
Perform office and field work necessary to tie improvements on the proposed 0.820 acre
tract of land. Upon receipt of latest Commitment for Title Insurance Surveyor shall
review Schedule B and address any easements that may affect the Subject Tract.
Surveyor shall prepare signed and sealed metes and bounds description with sketch.
Fee for item 2: $1,400.00
3. Category IA, Condition II, Land Title Survey for proposed 3.469 acre tract of land:
Perform office and field work necessary to tie improvements on the proposed 3.469 acre
tract of land. Upon receipt of latest Commitment for Title Insurance Surveyor shall
review Schedule B and address any easements that may affect the Subject Tract.
Surveyor shall prepare signed and sealed metes and bounds description with sketch.
Fee for item 3: $3,780.00
Pagel of 5
Basis of Compensation:
We propose to provide the above listed services on a lump sum basis:
Total for the above listed scope of services shall be for a total amount $7,990.00. The fees listed
under the scope of services are contingent on Diamond Surveying performing all the work listed
under the scope or services).
We shall begin work on this project immediately upon receipt of signed contract. If this proposal
is acceptable, please have the appropriate authority endorse the enclosed agreement and return a
copy to our office for our files.
Thank you for the opportunity to be of service for this Project. We look forward to being a part
of this project.
Sincerely,
Shane Shafer, R.P.L.S.
Firm No. 10006900
Page 2 of 5
PROFESSIONAL SERVICES AGREEMENT
Waeltz & Prete, Inc., as CLIENT, engages Diamond Surveying, Inc., as SURVEYOR to perform
professional services for the assignment described as follows:
Additional survey services as requested by Tony Prete, P.E. and Mr. Don Childs with Sheets &
Crossfield relating to Preliminary Standard Land Survey and Land Title Surveys being portion of
Lot 10, Heritage Center Subdivision, recorded in Cabinet E, Slide 294, Plat Records of
Williamson County, Texas, and a portion of Lot 9A, Replat of Lot 9, Heritage Center
Subdivision, recorded in Cabinet GG, Slide 27, Plat Records of Williamson County, Texas.
Site address: 655 E. Palm Valley Blvd, Round Rock, TX
I. SERVICES: SURVEYOR agrees to perform in conformance with the following description,
definition, terms and conditions. See attached Proposal No ADDITIONAL SURVEY SERVICES
TO REVISED 2020-WPI 655 E PALM VALLEY FAITH CULTURE CHURCH-BND
VERIFICATION -PARTIAL TREE SURVEY-REPLAT, dated July 8, 2020.
II. COMPENSATION: SURVEYOR'S compensation will be on a lump sum basis for professional
services as follows:
Total for the services listed on Proposal No ADDITIONAL SURVEY SERVICES TO REVISED
2020-WPI 655 E PALM VALLEY FAITH CULTURE CHURCH-BND VERIFICATION -
PARTIAL TREE SURVEY-REPLAT, dated July 8, 2020, 2020 shall be a total amount of
$7,990.00. The fees listed under the scope of services are contingent on Diamond Surveying performing
all the work listed under the scope or services).
If the Surveyor is requested to perform additional services not included in the Scope of Services listed on
Proposal No. ADDITIONAL SURVEY SERVICES TO REVISED 2020-WPI 655 E PALM
VALLEY FAITH CULTURE CHURCH-BND VERIFICATION -PARTIAL TREE
SURVEY-REPLAT, dated July 8, 2020, then the Client will be informed that additional charges will
apply, and upon Client's approval of these charges the additional work will be performed.
III. PAYMENTS: SURVEYOR will be paid in full for total amount earned under this Agreement.
CLIENT agrees to pay SURVEYOR at his office in Georgetown, Texas, the full amount of all
invoices within 10 days of receipt of Client's receipt of payment. Invoices shall be submitted for
work completed by the 10`` day and 25`h day of each month.
IV. OWNERSHIP OF DOCUMENTS: All documents, including original drawings, estimates,
specifications, field notes and data are and shall remain the property of SURVEYOR. CLIENT may
at his expense obtain a set of reproducible record copies of drawings and other documents, but agrees
that he will use such copies solely in connection with the project covered by this Agreement and for
no other purpose.
V. LIABILITY LIMITATION: SURVEYOR shall have no liability to CLIENT or to others for any
reasons beyond use of reasonable skill in performing the services for the assignment covered by this
Agreement. In no event shall SURVEYOR'S liability exceed $50,000.
VI. DISPUTE RESOLUTION: In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the CLIENT and the
SURVEYOR agree that all disputes between them arising out of or relating to this Agreement shall
be submitted to nonbinding mediation unless the parties mutually agree otherwise. The CLIENT and
the SURVEYOR further agree to include a similar mediation provision in all agreements with
independent contractors and consultants retained for the project and to require all independent
contractors and consultants also to include a similar mediation provision in all agreements with
subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation
as the primary method for dispute resolution between the parties to those agreements.
Page 3 of 5
VII. TERMINATION:
A. CONDITIONS OF TERMINATION: This Agreement maybe terminated without cause at any
time prior to completion of SURVEYOR'S services either by CLIENT or by SURVEYOR,
upon seven days written notice to the other at the address of record. Termination shall release
each party from all obligations of this Agreement, except as specified in paragraph VII.B below.
B. COMPENSATION PAYABLE ON TERMINATION: On Termination, by either CLIENT or
SURVEYOR, CLIENT shall pay SURVEYOR the full amount specified in paragraph II, with
respect to any Surveying Services performed to date of termination (including all Reimbursable
Expenses incurred).
VIII. SUCCESSORS AND ASSIGNS: CLIENT and SURVEYOR each binds himself, and his partners,
successors, executors, administrators and assigns to the other party of this Agreement and to partners,
successors, executors, administrators and assigns of such other party in respect to all covenants of this
Agreement. Neither CLIENT nor SURVEYOR shall assign, sublet, or transfer his interest in this
Agreement without the written consent of the other. Nothing herein shall be construed as giving any
rights or benefits hereunder to anyone other than CLIENT and SURVEYOR.
IX. SPECIAL PROVISION: This instrument contains the entire Agreement between CLIENT and
SURVEYOR, except as additionally stated below: Attached letter Proposal No ADDITIONAL
SURVEY SERVICES TO REVISED 2020-WPI 655 E PALM VALLEY FAITH
CULTURE CHURCH-BND VERIFICATION -PARTIAL TREE SURVEY-REPLAT,
dated July 8, 2020 forms a part of this agreement.
X. INVALIDATION: If this Agreement is not executed by CLIENT within 30 days of the date
tendered, it shall become invalid unless SURVEYOR extends the time in writing.
XI. MODIFICATIONS: No one has authority to make variations in, or additions to the terms of this
Agreement on behalf of SURVEYOR other than one of its Officers, and then only in writing signed
by him.
Waeltz & Prete, Inc. Diamond Surveying, Inc.
By:
Printed name:
Shane Shafer, R.P.L.S.
Date: Date: July 8, 2020
Page 4 of 5
ID12mon- d Surveying, Ine.
SHANE SHAFER, R.P.L.S., PRESIDENT
116 SKYLINE ROAD, GEORGETOWN, TX 78628
OFFICE: (512) 931-3100
T.B.P.L.S. Firm No. 10006900
STANDARD RATE SCHEDULE
Effective January 1, 2020, the following rates apply to work performed on a
hourly -charge basis.
DIRECT LABOR
OFFICE PERSONNEL SERVICES
Classification Rates
Registered Professional Land Surveyor ........................................... $160.00 per hour
Project Manager...................................................................... $14 0.00 per hour
Project Surveyor...................................................................... $1 10 00 per hour
Senior CADD Technician............................................................$125.00 per hour
FIELD PARTY SERVICES
Classification Rates
1-Man Field Party...................................................................... $120.00 per hour
2-Man Field Party ..................................................................... $160.00 per hour
3-Man Field Party ..................................................................... $190.00 per hour
DIRECT EXPENSES
Subsistence for Out -of -Town Work ..................................... $170.00 per day/per person
Notes:
Field Party rates include conventional equipment, supplies and survey vehicles. Excessive use of
stakes, lathes, etc., will be charged at cost.
A minimum of two (2) hours field party time charge will be made for show -up time and return to
office, resulting from inclement weather conditions, etc.
Field Party stand-by time will be charged at the above -shown appropriate rates.
Page 5 of 5
WAELTZ & PRETE, INC.
Heritage Center
ADDENDUM TO EXHIBIT "C"
WORK SCHEDULE
• Additional work to be completed by 01-Oct-20
WAELTZ & PRETE, INC.
Heritage Center
ADDENDUM TO EXHIBIT "D"
Fee Schedule
Engineering Scope:
DA Coordinate with Project Surveyor for survey scope of services. $630.00
Sub Consultant Fees:
D.5 — Diamond Surveying.
(Additional Survey Services)
$7,990.00
TOTAL FEE FOR BASIC SERVICES $8,620.00
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Supplemental Agreement No. 1 with Waeltz & Prete,
Inc. to "City of Round Rock Agreement for Professional Consulting Services
Related to Preparation of a Replat of Heritage Center."
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 9/25/2020
Dept Director: Rick Atkins, Director
Cost: $8,620.00
Indexes: 2017 General Obligation Bonds
Attachments: Backup Replat of Heritage Center, LAF - Suppl 1 Waeltz & Prete, Inc. for
Replat of Heritage Center (00455370xAO8F8)
Department: Parks and Recreation Department
Text of Legislative File CM-2020-255
This item is for engineering services associated with the replat of the Heritage Center property
purchased from Faith Culture Church as part of Heritage Trail East, as well as the donation of land
from the adjacent car wash to the City. Legal requested additional survey items to complete the
purchase of land that was outside of the original scope of work provided under the agreement. This
supplemental agreement includes those additional survey items.
The Heritage Trail East project will be a continuation of the Heritage Trail West portion of the trail
and includes a 10' wide trail detailing the history of Round Rock as a timeline. The project spans
from Mays St. to Georgetown St. and include improvements and programmatic elements detailing
historical elements, educational elements, arts & cultural elements, general park elements and
elements that encourage community events and development revitalization along the corridor.
Cost: $8,620.00
Source of Funds: 2017 General Obligation Bonds
City of Round Rock Page i of 1