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R-00-09-14-10D4 - 9/14/2000RESOLUTION NO. R- 00- 09- 14 -10D4 WHEREAS, the City of Round Rock desires to retain professional engineering services for Round Rock Memorial Park, 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 professional engineering services for Round Rock Memorial Park, 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. ATTEST: RESOLVED this 14th day of Sep 2000 At RiTMT A. STLUKA, ,47:, Mayor City of Round Rock, Texas JO LAND, City Secretary %i\ WPUOCS \RSSOLUTi \R00914➢4.WP0 /sc STATE OF TEXAS COUNTY OF WILLIAMSON WITNESSETH AGREEMENT Page 1 of 13 Contract No. THIS CONTRACT FOR ENGINEERING SERVICES (A Contract ©) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called Acity@ and Martinez. Wright & Mendez. Inc. , having its Principal business address at Creekside Plaza. 900 Round Rock Avenue. Round Rock Texas hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Govemment Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for surveying and engineering services described as follows: Provide design and surveying services for erosion. sidewalk repair and lighting improvements at Memorial Park See Attachment A, Exhibit A, Project Site Location Map. NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: Article 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will fumish items and perform those services for fulfillment of the Contract as identified in Attachment B of Services to be Provided by the Engineer, & Fee Schedule, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B — Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take loner than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business after One (11 year unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 — Supplemental Agreements, or otherwise terminated as provided in Article 19 — Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 — Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $ 29,932.00 as shown in Attachment B — Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. Page2of 13 The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump s .11 fee will be in proportion to the percent completion of the work tasks identified in Attaclmie D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the. City or the Engineer, conferences shall be provided at the Engineer's Page 3 of 13 office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City chall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, inchwding• (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ms Page 4 of 13 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ..sr.' Page 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain; at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evahiate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. Page 6 of 13 ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of tennination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is Page 7of11 usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Engineer 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, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. Page 8 of 13 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer 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, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. tagoontrompilispeztw ARTICLE 24 INSURANCE ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS Page 9 of 13 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The 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 the Engineer for . governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision AComputer Graphics Files for Document and Information Exchange,@ if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. 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, 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. gr_w ARTICLE 29 SUCCESSORS AND ASSIGNS ARTICLE 30 SEVERABILITY Page - lA- of -i ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes J any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. mswno-c.+wdme«w Page 11 of 13 with copy to: 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 address: City of Round Rock Engineer Attn: City Manager Attn: 221 E. Main St. Round Rock, TX 78664 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, TX 78664 ARTICLE 32 NOTICES Page 12 of 13 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or 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 the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. Martinez. Wright & Mendez, Inc. THE ENGINEER By: Signature Roberto O. Martinez, P.E. Printed Name President Title 8/30/00 Date ARTICLE 33 SIGNATORY WARRANTY LIST OF ATTACHMENTS Attachment A - Exhibit "A" Project Site Location Map Attachment B - Services to be Provided by the Engineer & Fee Schedule Attachment C - Certificate of Insurance Page 13 of 13 - �. � y 4 S _ q ,_-- K h x-. 4=c s q« e r 77 s f" � 2 Professional Services Proposal Surveying phase Attachment B Date: August 16, 2000 Contract: Professional Engineering Services Agreement Project: Memorial Park Improvements Round Rock, Texas Client: City of Round Rock, Parks and Recreation Department Contact: Mr. Wade Tomlinson Address: 605 Palm Valley Blvd. Round Rock, Texas 78664 Enclosure: Exhibit "A" dated 8/16/99 Martinez, Wright & Mendez, Inc. (MWM) is submitting this proposal to provide professional civil, engineering and surveying services on the above referenced project. The services will be limited to the area shown on Exhibit "A" dated 8/16/2000 and will be provided in accordance with the following: Scope of Services: 1. Locate by actual on- the - ground survey all visible and accessible on -grade and above - grade features. Horizontal control will be on arbitrary basis. 2. Provide contours at one -foot intervals, elevations will be taken at approximate 50' intervals, at abrupt changes in grade and along drainage courses. 3. Provide two permanent benchmarks within survey area. Vertical control will be on TxDOT basis. 4. Provide spot elevations at centerpoint of each accessible utility manhole cover. 5. 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 & Mendez, Inc. will not be responsible for any digging. 6. Provide size, location and type of tree 6" or greater diameter. Tree tag will not be provided. Design Phase 1. Prepare design for repair of approximately 2700 L.F. of sidewalk along Brushy Creek starting at the intersection of Chisholm Trail and forming a jogging/bike loop through the park, and ending at Summit Street. Intent of repair includes; resurfacing, widening to 8' and 6', and achieving slopes and cross - slopes in compliance with TDLR/ADA regulations (or within limits acceptable for Variance) 2. Prepare design for modifications to the existing lighting system within the park to replace tree lights with decorative pole type fixtures (approx. 12 to 15) similar to existing fixtures. New lighting design will utilize where practical existing conduit, wiring and service. 3. Based on drainage plans from record and survey information, determine existing cause of erosion at outfall (Brushy Creek at 11135, north side of creek) and develop design for more efficient outfall with fewer tendencies for erosion. Design should minimize flow of stormwater over trail and improve bank stabilization adjacent to outfall structure. 4. Provide Engineer's estimate of probable construction cost Construction Documents Phase 1 Provide necessary documents including plans and details sufficient for bidding and construction of design. Construction Documents will be provided on 24" x 36" vellum reflecting data outlined above at appropriate scale. 2 Provide the design of temporary erosion control systems for use during construction. 3 Prepare bid tabulation forms and technical specifications using City of Round Rock standards. Specifications will incorporate standard City of Round Rock front -end documents and will be provided by the client. 4 Provide Bid Phase assistance including; preparation of bid tabulation forms, coordination of reproduction of Construction Documents for bidding purposes, attendance at Pre -Bid Conference, response to bidder's questions through addenda, and evaluation of Contractor Bids. Coordination and 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). MWM assumes that no permanent Best Management Practices (BMP's) will be required. If one is required this will be considered additional services. 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 (cost of assessment is valued at $1,500 and is included in this proposal). 3. MWM will submit the proposed plans and specifications to the Texas Department of Transportation for review. MWM will submit proposed plans to TDLR for accessibility review and will respond to review comments. In the event a Variance request is required MWM will prepare and coordinate Variance application. (review fees and inspection fees are the responsibility of the Owner and are reimbursable expenses) 1 Construction Administration Phase : ( based on 12 weeks construction period ) a. Visit construction site approx. once per week to observe and document the quality and progress of the work. b. Process contractor pay requests and verify work was completed at specified wage rates. c. Conduct weekly progress meeting with City Project Team. Compensation Construction Administration Phase Martinez, Wright & Mendez, Inc. propose to provide the professional engineering services outlined above for a stipulated sum amount as shown below. Invoicing and payment for services under this agreement shall be made on monthly basis for the percentage of work accomplished with the following fee schedule: Survey Phase: $ 5,810.00 Design Phase: $ 5,775.00 Construction Documents: $ 10,624.00 Coordination and Permitting: $ 3,873.00 Construction Administration; $ 3,850.00 Total Fees: $ 29,932.00 Stipulated Sum Reimbursable Expenses Reimbursable expenses are defined as follows and shall be invoiced at direct cost (invoice) plus 10% for overhead unless specifically stated otherwise elsewhere in this Agreement. 1. Reproduction of documents for purposes other than in -house use by Owner or Martinez, Wright and Mendez, Inc. 2. Expedited shipping and mailing expenses. 3. Special messenger delivery, if requested by the Owner. 4. Any fees required for permits or plan reviews shall be paid by Owner or shall be considered a reimbursable expense. Additional Services Any and all additional services will require written consent by both parties and will be billed at the following rates. These rates are valid for a period of one calendar year from the date of execution. Should the project duration exceed one calendar year, these rates may be subject to renegotiation. No additional services work shall be performed by MWM without the express written authorization of Owner. GENERAL CONDITIONS Excluded Services Principal $ 105.00 Senior Engineer/Project Manager $ 95.00 Licensed Engineer $ 85.00 R.P.L.S. $ 85.00 Graduate Engineer $ 70.00 Technician $ 55.00 GPS Field Unit $ 100.00 GPS Processing $ 60.00 Surveyor (3 -man Crew) $ 115.00 Surveyor (2 -man Crew) $ 90.00 Clerical $ 40.00 Services that are not provided for in this Agreement specifically include, but are not limited to: acquiring certificates or abstracts of title; traffic impact studies; traffic signal design; trench safety system design; geotechnical analyses; hazardous site assessments; environmental impact assessments; land acquisition services; easement acquisition or vacation; bore hole staking or locating, construction phase surveying; floodplain studies; design of offsite improvements except as specifically included as basic services; 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 Owner. City fees, including permit and review fees and Capital Recovery Fees, are the responsibility of the Owner and are not included in the Schedule of Compensation for the project. 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. 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 fiuther 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, includi g 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, Wright & Mendez, 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 Boulevard, Suite 400, Austin, Texas 78752, (512) 452 -9427. This proposal is valid for a period of 30 days from date of proposal. If you concur, please execute in the space provided below and return one copy for our files. APPROVED: �y Martinez, Wright & Mendez, Inc. Representative of the Owner Date 6/3 p% 0 Date xICORD A L �€ 9 ;: . ..:........: _.M:�� - • �•:�i� _.-:�a ..��: - .. -. ..._.,,s,.... ....us...�...:.,. vRDDUceR Ed Wearers Insurance Agency Inc P. 0. Box 14444 Austin TX 78761 Ed Weeren 512 - 454 -5266 sss me. 512-454-3819 � i DATE 1M7 acr �`7.. -€� ,,_.,�,ac , .. esx 02/24/99 ! THIS CERTIFICATE IS ISSUED AS A MATTER OF nRMATION ONLY AND CONFERS NO RIGHTS UPON THE CE HOLDER. RAGE AT DOES NOT ND, EXTEND OR ALTER THE COVE THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A I;ommercial Union sso.No. INSURED Martinez, Wright & Mendez, Inc 1106 Clayton Lane #400 West Austin TX 78723 COMPANY RECEIVED COMPANY C FFR 25 1999 COMPANY D Y , 04 VC ^b.� ��� TT r - e- I+I" COVER4GES•. - +w.,,;,, -ti r� - za. 4.1 ..'F i'� ,''we. .- i-AINI- ?y * , ;�i _.�8sL rt .. �, THIS IS TO CEIOFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THENSIMFD NAMED ABOVE FOR TIE POLICY PERIOD INDICATED, NO WI1NSYANDNG ANYREQUAEMBT TEN OR cosomoN OF ANY CONIRACT OR OTHER DOCUMENT WITH RESPECT TOWINCH THIS CERTIFICATE MAYBE ISSUED OR MAY PERM" THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN N SUBJECT TO ALL THE TERMS. E x s u s i o $AIID CONNi1ONSOFSUCH POLICIES. LIMITS $HOWN MAYNAVE BEEN SEDUCED BY MID CLANS. ... 8L TYPE OF NSURANCE - POLICY M OSER POLICY EFFECRVE DATE NuuDBTYYI POLICYEYPIPATNML DATE IMMDDITYI - LIMITS A GENERAL X LIABILITY coNMewTALGEN RLUAow( GRLE124769 8 3/00 - 3/01 GENERAL AGGREGATE $ 2000,000 P1 DU S.COMP/OP AGO $ 2,000,000 PL9t5ONALSADY $1,000,000 I CAMS MACE in OCCUR EACH OCCURFNNOE $1,000,000 —" OWNWS i CONTRACTORS PROT FME DAMAGE IMY one MN $ 100,000 Mss mow o»PN m.) $ 5,000 A AUTOMOBILE X _ _ LIABILITY ewe= AU- OINNEDAUTOS - SCHEDULED AUIOB NRW AUTOS NONOWNEDAUTOS MRAK63240 A .. _ 3/00 I -.. 3/01 .. .. _ - COMBINED SNGLE $1,000,000 BOSSILY INJURY .- (PMPasenl BOGLYNJURY OW agokboti PROPERTY DAMAGE $ GARAGE L/ABNJTY - ANY AUTO AUTO ON/_Y -EA ACCIDENT $ s OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE $ EXCESS UMIIIY 1 UMBRELLA FORM OTHER THAN UMENNIA FORM GRLH24769 8 3/00 3/01 - 1 EACH OCCURRENCE $1,000,000 AGGREGATE $ WOWERS COMPENSATION EMPLOYERS' UMMAY THE PROPRIETOR/ OARTNFRS+DECUINE °FACERS ARE AND — NcL E%CL WC ST IMAM, ,1 I k. ,, EL EACH ACCIDENT $ EL DISEASE - POLICY LNIT $ EL DISEASE -EA EMPLOYEE $ OTHER DESCRIPTION OFOFERATIDNwI Dcsnoss ascumsracaLn MS ` • P •. �u Atyg.ee , ' '�'° °" � � E..� -, '� ., .... .... b. _. . . ; ''. - ,'R -#• }• ': 1 -. z •, :''.� .�K .e+.k: '°K; c4.. , .. 1,. i --- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPEDITION DATE THEREOF. THE ISSUING COMPANY PALL ENDEAVOR TO MAI_ 30 DAYS W KITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATNES. / ' REPRESENT* A Z ' 'µ4 s te ...' ,.t, - .: 'v- s_ , s ;A ti- t! S_A g ' E:. CO iTR TYPEOFINSURANCE POLICY NUMBER POLICY EFFEDTIVE DATE ODAIDOWY) POLICY ISCPIRATIDN DATE (M LIMITS GENERAL LI4BIL TY GELAGl GAZE IERA $ COMYIERCALGENERAL LABILITY PRODUCTS•COMP/WAG° $ ICMAS MADE LI OCCUR PERSONAL BLURT $ OWNERS IL CONTRACTORS PROT EACH OCCURRENCE $ FIRE DAMAGE (Arty one fire) $ 1Fl A ED MED EP (Am one Pawn) $ AUTOMOBLE LABLRY COMBINED SINGLE T 6LE W S __ ALnADro MAR 31 1999 ALL OWNED AUTOS SCHEDULED AUTOS S INJURY $ — __ HIDED AUT NON-0WNEDAUTOS A 4artir Wright . Mendez, I�:- s PROPERTY DAMAGE $ GARAGE — LABILITY AUTO ONLY- EA ACCIDENT 1 OTHER THAN AUTO ONLY: ANY AUTO E4CIACCC8IT 1 AGGREGATE $ EXCESS LABILITY EACH OCCURRH$CE $ AGGREGATE i UFWR91A FORM $ OTTER THAN UMBRELLA FORM WORKER-5 COMPENSATION AND YVC SRAM EMPLOYHLS LAABIUTY El. EACH ACCIDENT $ THE PROPRIETOR/ WCL El. DISEASE• POLICY LIMIT $ OFFICERS IO FRERs ARE E%CL EL DISEASE- EA EMPLOYEE $ OTHER A Professional PL517770 3/30/00 3/30/01 Per Claim $1,000,000 Liability Aggregate $1,000,000 A CORD_ - PRODUCER Commercial Insurance Concepts 1946 So Ili -35, Suite 301 Austin TX 78704 -3644 Jim Jimmerson maeNO 512- 443 -0878 Faallo.512- 443 -9669 INSURED Martinez, Wright and Mendez, Mr. Roberto Martinez 1106 Clayton Lane, Suite 400W Austin TX 78723 ro DESCRIPTION , FRATTONSILOCATIONSAYEH aft 03 29/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY A Design Professionals Ins. Co. COMPANY 8 COMPANY C COMPANY D COMPANIES AFFORDING COVERAGE e' 'r2c THIS IS TO CERTEY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAREDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRE T, TERM OR COMMON OF ANY CONTRACT°ROMER DOCUMENT WITH RESPECT TOWHICJI THIS CERTIFICATE NAY BE ISSUED OR MAY PER TAN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. E 7(CL U SIONS MIO CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WIRRIPt- Jim Jimmerson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY ENDEAVOR TO MAR • 10 DAYS WRITTEN NOME TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH A. SHALL IMPOSE NO IGATION OR LABILITY AN OF MY KIND UPON THE r, . , ,ITS A ,.- O'` w ATNES. AUTHORZED RH'RESENTA �A�I. WORKERS COMPENSATION AND EMPL.OYERS LIABILITY INSURANCE POLICY INFORMATION PAGE COMPANY POLICY NUMBER ZENITH STAR INSURANCE COMPANY ZN 000994 - 04 PRIOR POLICY NUMBER ZN- 000994 -03 Entity CORPORATION 1. INSURED AND MAILING ADDRESS FEIN 74 - 2233674 Board File No. 420375611 MARTINEZ, WRIGHT & MENDEZ. INC. Grou SB1 1106 CLAYTON LANE Reference SUITE 400W AUSTIN. TX 78723 OTHER WORKPLACES NOT SHOWN ABOVE: See Extension of Information Pagi000 - 77038 - 2. The policy period is from: 05 - - 2000 12:01 A.M. to 05 - - 2001 12:01 A.M. at the Insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers' Compensation Law of the states listed here: TEXAS B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in Item 3.A. The limits of our Liability under Part Two are: Bodily Injury by Accident $ 1.000.000 Each Accident Bodily Injury by Disease $ 1.000, 000 Each Employee Bodily Injury by Disease $ 1,000,000 Policy Limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except states listed in item 3A and North Dakota, Ohio. Washington, West Virginia, Wyoming. D. This polic_y includes these endorsements and schedules: WC 99 - 04 - 05 WC 42 - 04 - 04 WC 42 - 03 - 10 WC 42 03 - 01E WC 00 - 04 - 06 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plan. All information required below is subject to verification and change by audit: See Extension of Information Page. Total Estimated Premium Minimum Premium Deposit Premium Interim Adjustment of Premium Shall Be Made ANNUAL Interim Payment of Premium Shall Be Made MONTHLY 09 - 556 PRODUCER TEXAS ASSOCIATES INSURANCE AGENCY INC. 1114 LOST CREEK BLVD #400 AUSTIN, TX 78746 Countersigned by: Date: ZENITH STAR Insurance Company is required by law to provide Its policyholders with certain accident prevention services as required by the Texas Labor Code, Section 411.066, at no additional charge. If you would like more information call 1- 800 -841 -3265. If you have any questions about this requirement, call the Division of WC 00 00 01 A Workers' Health and Safety, Texas Workers' Compensation Commission at 1- 800 - 452-9595. DATE: September 8, 2000 SUBJECT: City Council Meeting — September 14, 2000 ITEM: 10.D.4. Consider a resolution authorizing the Mayor to execute a contract with Martinez, Wright & Mendez, In in the amount of $29,832.00 for engineering services at Round Rock Memorial Park. Sharon Prete, Parks and Recreation Director.