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R-99-09-23-10E9 - 9/23/1999CITY OF ROUND ROCK Mayor Robert A. S7luke, Jr Mayor Pro -tem Martha A. Chavez Council Members Tom Nielson Earl M. Hairston Rick Stewart Earl Palmer Jimmy Joseph City Manager Robert L Bennett Jr. City Attorney Stephan L Sheets October 7, 1999 Mr. Roberto O. Martinez, P.E. Martinez, Wright & Mendez, Inc. 900 Round Rock Avenue, Suite 310 Round Rock, Texas 78681 Dear Mr. Martinez: 221 East Main Street Round Rock, Texas 78664 512 -218 -5400 The Round Rock City Council approved Resolution No. R- 99- 09- 23 -10E9, R -99- 09-23-10E10 and R- 99- 09- 23 -10E11 at their regularly scheduled meeting on September 23, 1999. This resolution approves Amendments No. 4, No. 5, and No. 6 to the agreement for engineering services for the Downtown Neighborhood and Library Boundary Street and Drainage Improvement project. Enclosed is a copies of the resolutions and amendments for your files. If you have any questions, please do not hesitate to contact Al Wille at 218-5555. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures Pax: 512 -218 -7097 1 -800- 735 -2989 TDD 1 -800- 735 -2988 Voice www. ci.round -mck. tx. us RESOLUTION NO. R- 99- 09- 23 -10E9 WHEREAS, the City of Round Rock has previously entered into an agreement ( "Agreement ") with Martinez, Wright & Mendez, Inc. for engineering services for the Downtown Neighborhood and Library Boundary Street and Drainage Improvements project, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted Amendment No. 4 to the Agreement to include the design of a parking lot at the corner of Liberty Street and Sheppard Street, and WHEREAS, the City Council desires to enter into said Amendment No. 4 to the 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 Amendment No. 4 to the Agreement with Martinez, Wright & Mendez, Inc., to include the design of a parking lot at the corner of Liberty Street and Sheppard Street. 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, X: \WP D OGS \RES OL11TI \R9O92]E9.WPO /scg Chapter 551, Texas Government Code, as amended, and the Act. A EST: RESOLVED this 23rd day of September, 1999. E LAND, City Secretary 2 City of Round Rock, Texas AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT Date: September21, 1999 Project: Parking Lot Design for Lots 4 & 5, Block 37, Round Rock (Amendment No. 4) Owner: The City of Round Rock Client: The City of Round Rock Contact: Mr. Larry Madsen Address: 221 East Main Street Round Rock, Texas 78664 Phone: (512) 218-5400 Fax: (512) 218 -7097 Enclosure Exhibit A & B Martinez, Wright and Mendez, Inc. (MWM) hereby propose the following amendment to the professional services agreement between the City of Round Rock and MWM dated February 6, 1997. The scope of services listed below is limited to the project limits shown on Exhibit A. Part: A. Topographic Survey 1. Locate by actual on- the - ground survey all visible and accessible on -grade and above -grade features. Horizontal control will be on an arbitrary basis. 2. Provide contours at one foot interval. Elevations will be taken on an approximate 50' x 50' grid, at abrupt changes in grade and along drainage courses. 3. Provide one permanent benchmark within survey area. Vertical control will be based on City of Round Rock basis. 4. Provide spot elevations at centerpoint of each accessible utility manhole cover. Provide invert flow line elevations and directions of flow for accessible sewer and storm drain lines. Show location of existing underground utilities from available record information obtained from utility companies, Client, and from surface evidence surveyed on the ground. Martinez, Wright and Mendez, Inc. will not be responsible for any digging or surveying of underground structures. 5. Provide size, location, and type of trees having an 8" or greater diameter. Tree tags and shrubs will not be included. 6. Final drawing will be provided on 24" x 36" prints reflecting data outlined above at a scale to be determined and as an AutoCad "dwg" file. Services can begin as soon as written authorization is received and can be completed in about 15 workdays (predicated upon suitable weather conditions). Part: B. Parking Lot Design 1. MWM will provide plans from record and surveyed information showing the lots 4 & 5, Block 37, Round Rock in its existing condition. 2. MWM will provide 24" x 36" plans and specifications for the construction of a parking lot on lots 4 & 5, Block 37, Round Rock. The lot will consist of approximately 40 parking spaces. 3. MWM will provide 24" x 36" lighting plans as necessary to meet the lighting criteria required by the City of Round Rock (Approximately three light poles). Part: C. Permitting 1. MWM will submit a Water Pollution Abatement Plan (WPAP) as required by the Edward's Aquifer Division of the Texas Natural Resource Conservation Commission ( TNRCC). 2. TNRCC regulations require that all WPAP submittals within the Edwards Aquifer Recharge Zone have a geologic assessment performed (effective June 1, 1999). Horizon Environmental Services, Inc. will provide the geologic assessment for lots 4 & 5, Block 37, Round Rock. Part: D. Construction Administration 1. MWM will provide up to four site visits during construction to determine progress of construction in accordance with the construction schedule. 2. MWM will review monthly payment requests by the contractor. 3. MWM will review and respond to the contractor requests for information and change proposal requests. 4. MWM will review and respond to contractor material and product submittals. Reimbursement: The services described above will be reimbursed on a lump sum basis in the amounts listed below for each part of the outlined scope of services. Part: A. $1,020 Part: B. $6,630 Part: C. $4,800 (Includes $1,800 for geologic assessment by Horizon Environmental Services, Inc.) Part: D. $1,170 The total fee for Engineering and Surveying comes to a total of $13,620. 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. Hourly rates for additional services are shown on Exhibit B. GENERAL CONDITIONS CLIENTS RESPONSIBILITIES: In accordance with accepted professional practice it is the responsibility of the Client to provide Martinez, Wright and Mendez, Inc. with complete and accurate information concerning pre- existing physical and legal conditions of the site that are beyond the scope of the professional engineering services described in this document. Certain unusual or unforeseeable subsurface conditions not identifiable by surface topographic survey including, but not limited to, illegally dumped toxic or hazardous materials, abandoned building foundations or utility lines, excessive groundwater due to springs or other such features, or artifacts of archaeological or paleontological significance may materially alter the scope of the project in a manner not provided for in this contract. Likewise active or pending legal disputes involving property ownership, rights -of -way, environmental status, easement rights, governmental or departmental jurisdiction or similar matters may complicate the project in a manner that could not reasonably be anticipatable at this time. Any change to the scope of the project required by such conditions as are listed above, or any duplication of work necessitated thereby, may require contract modification or an additional services agreement. EXCLUDED SERVICES: Surveying services that are not provided under this Agreement specifically include, but are not limited to: Land acquisition services; easement acquisition or vacation; construction phase surveying; bore hole staking or locating; and other services or expenses which may become necessary for the completion of this project but which are not reasonably anticipatable at this time. Such services may be performed as Additional Services to this Agreement, if authorized by Client. Design services that are not provided for in this Agreement specifically include, but are not limited to: geotechnical analyses; hazardous site assessments; environmental impact assessments; land acquisition services; master planning; payment of permit application or review fees; floodplain studies; and other services or expenses which may become necessary for the completion of this project but which are not reasonably anticipatable at this time. Such services may be performed as Additional Services to this Agreement, if authorized by Client. For the purposes of this Agreement it shall be assumed that the project described herein shall be issued as a single construction documentation package, bid as a single project, and constructed by a single prime construction contractor. Should any of these assumptions prove invalid an Additional Services Agreement may be required. 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. LAND SURVEYING: The land surveying services provided by Martinez, Wright & Mendez, Inc. are regulated by the Texas Board of Professional Land Surveying, 7701 N. Lamar Blvd., Suite 400, Austin, Texas 78752, (512)452 -9427. VALIDITY OF PROPOSAL: This proposal is only valid if executed within a period of 30 (thirty) calendar days from the heading date. If you concur, please execute below. APPROVED: 9/x/9 2 For Martinez, Wright an Mendez, In .. Date Roberto 0. Martinez, P.E., President 0.4 Az q- The of Roun. Rock (/ Date MARTINEZ, WRIGHT AND MENDEZ, INC. Engineering, Architecture and Surveying Creekside Plaza 900 Round Rock Ave., Suite 310 Round Rock, Texas 78681 Exhibit B HOURLY BILLING RATES Item 1 SR REGISTERED PROFESSIONAL ENGINEER $ 90 2 REGISTERED PROFESSIONAL ENGINEER $ 80 3 REGISTERED PROFESSIONAL LAND SURVEYOR $ 80 4 GRADUATE ENGINEERS & ARCHITECTS II $ 65 5 TECHNICIAN $ 50 6 CLERICAL $ 40 7 2 -MAN SURVEY CREW, INCLUDING TRUCK AND EQUIPMENT $ 90 8 3 -MAN SURVEY CREW, INCLUDING TRUCK AND EQUIPMENT $ 115 9 REIMBURSMENT FOR NON -LABOR EXPENSE AND SUBCONTRACT EXPENSE INVOICE PLUS 20 (TWENTY) PERCENT These represent hourly billing rates for Martinez, Wright & Mendez, Inc and are valid for today's date only. Rates subject to change. Martinez, Wright & Mendez, Inc. CIVIL & ENVIRONMENTAL ENGINEERING SURVEYING ARCHITECTURE 1106 Clayton Lane, Suite 600W Austin, Texas 78681 512.953.0767 Fax 512.953.1734 DATE: September 17, 1999 SUBJECT: City Council Meeting — September 23, 1999 ITEM: 10.E.9. Consider a resolution authorizing the Mayor to execute Amendment No. 4 to the Engineering Services Agreement with Martinez, Wright and Mendez, Inc for the Downtown and Library Street Project. This amendment is for the design of a parking lot at the northeast corner of Liberty Street and Sheppard Street. This would provide additional parking for the Library as well as the downtown area. The cost of this supplement is $13, 620.00 and will include topographic survey, parking lot design, permitting with TNRCC for WPWP, and construction administration. This amendment makes the current agreement amount $138,840.00. The project is funded through the 1996 General Obligation Bond Program. Staff Resource Person: Jim Nuse, Public Works Director.