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R-99-03-11-14A5 - 3/11/1999RESOLUTION NO. R- 99- 03- 11 -14A5 WHEREAS, the City of Round Rock desires to retain engineering services associated with the Lake View Cove Waterline Replacement and Pavement Repair Project, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Martinez, Wright & Mendez, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Martinez, Wright & Mendez, Inc., for engineering services assoicated with the Lake View Cove Waterline Replacement and Pavement Repair Project, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this llth day of March, 99. EST: /ANNE LAND, City Secretary K:\ WPOOCS \RESOLUTI \R90311A5,WP0 /scg CHARLES CUL E P�R, Mayor City of Round Rock, Texas SCOPE OF PROFESSIONAL SERVICES Date: December 21, 1998 Project: Lake view Cove Waterline Upgrade and Pavement Repair Owner: The City of Round Rock Client: The City of Round Rock Contact: Mr. Jim Nuse, P.E. Address: 221 East Main Street Round Rock, Texas 78664 Phone: (512) 218 -5500 Fax: (512) 218-7097 Enclosure Exhibit A Martinez, Wright and Mendez, Inc. (MWM) hereby proposed the following professional services: Part: A. Field Survey 1. MWM will perform a Topographic Survey of existing Right of Way for Lakeview Cove. 2. MWM will research available material for the locations of existing utilities. Part: B. Water line Upgrade and Pavement Repair Reimbursement: CITY OF ROUND ROCK PURLIC WORKS DEPT 1. MWM will provide plans from record and surveyed information showing the location of 450 linear feet of 4" water pipe to be removed from Lakeview Cove. 2. MWM will provide plans and specifications for the construction of 450 linear feet of water pipe and one fire hydrant. MWM will perform a visual survey of the existing pavement on Lakeview Cove and determine the areas of pavement failure. 4. MWM will provide plans and specifications for the areas of pavement replacement on Lakeview Cove as shown on Exhibit A. Part: C. Construction Administration 1. MWM will provide up to three site visits during construction to determine progress of construction in accordance with the construction schedule. Part A will be reimbursed to Martinez, Wright and Mendez, Inc. at a lump sum amount of $2,500 Any additional surveying will be considered as additional services to this contract. Part B will be reimbursed to Martinez, Wright and Mendez, Inc. at a lump sum amount of $7,900. If any information received by Martinez, Wright and Mendez, Inc. on this project is changed for any reason whatsoever, resulting in the repair of work effort by MWM, such work effort shall be considered as additional services to this contract. Part C will be reimbursed to Martinez, Wright and Mendez, Inc. at a lump sum amount of $800 Any additional site visits will be considered as additional services to this contract. The total fee for Engineering and Surveying comes to a total of $11,200. C: \WINDOWS \DESKTOP\City Of RR lakeview.doc MARTINEZ, WRIGHT St MENDEZ, INC. CIVIL & ENVIRONMENTAL ENGINEERING SURVEYING ARCHITECTURE Twin Towers 1106 Clayton Ln, Suite 400W Austin, Texas 78723 512/453 -0767 Fax 512/453 -1734 MWM@mwminc.com MWM will not be responsible for providing services under this contract which are not specifically stated above except by written change to this contract. This proposal is valid for a period of 30 days from the date of this agreement. Receipt of additional contract language to be appended to this document may be terms for renegotiation of the fees stated above. GENERAL CONDITIONS INDEMNIFICATION: In addition, and notwithstanding any other provisions of this Agreement, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Design Professional, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with this project or the performance by any of the parties above named of the services under this Agreement, excepting only these damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Design Professional. USE OF DOCUMENTS: All documents produced by Martinez, Wright and Mendez, Inc. under this agreement are intended for the specific purposes outlined in the Scope of Services and for the specific site discussed therein. Martinez, Wright and Mendez, Inc. assumes no legal responsibility whatsoever for the use of these documents in any other endeavor without express written authorization from Martinez, Wright and Mendez, Inc. Documents provided to the Client are for archival or administrative purposes only. Their content remains the property of Martinez, Wright and Mendez, Inc. TERMINATION: In connection with all the work outlined or contemplated above, it is agreed that Martinez, Wright and Mendez, Inc. or Client may cancel or terminate this Agreement upon seven (7) days written notice to the other, with the provisions and understanding that immediately upon receipt of notice of such cancellation from either party to the other all work and labor being performed under this Agreement shall immediately cease, pending final cancellation at the end of such seven day period, and further provide that Martinez, Wright and Mendez, Inc. shall be compensated in accordance with the terms of this Agreement for all work accomplished by them prior to the receipt of notice of such termination. EXTENT OF AGREEMENT: The Agreement, including these terms and conditions, represents the entire Agreement between Client and Martinez, Wright and Mendez, Inc. and supersedes all prior negotiations, representations, or agreements, written or oral. The Agreement may be amended only by written instrument signed by the Client and Martinez and Wright Engineers, Inc. APPROVED: For Martinez, Wright and Mendez, Inc. Robert . Martinez, P.E., President / 6((4),/ktir, The Ci ty of Round oc C: \WINDOWS \DESKTOP\City Of RR lakeview.doc ( Date D ate y `r 1 Martina, Wrilht & Mendez, Sae • ant. a .7, PJ1aoxinrxWa sunvErma Axoff00C7na1 1106 Clayton Lane, Suite 400W Austin, Texas 71611.: 512.453.0767 Fax 512_453.1734 . Exhibit A - & 1 1 °= 19o• me -: /2-V-98 DATE: March 5, 1999 SUBJECT: City Council Meeting — March 11, 1999 ITEM: 14.A.5. Consider a resolution authorizing the Mayor to execute an agreement with Martinez, Wright, and Mendez for engineering services associated with Lake View Cove water line replacement and Pavement Repair Project. This street is in very poor condition and is not properly served for fire protection. The fee for the engineering services is $11,200. Staff Resource Person: Jim Nuse, Public Works Director.