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R-01-06-14-16F4 - 6/14/2001and WHEREAS, the City of Round Rock desires to retain pre- construction professional evaluation services in connection with Phase I of the Municipal Office Campus Project, and WHEREAS, Chasco Contracting has submitted a Contract for Pre - Construction Professional Evaluation Services to provide said services, WHEREAS, the City Council desires to enter into said contract with Chasco Contracting, 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 a Contract for Pre - Construction Professional Evaluation Services, in connection with Phase I of the Municipal Office Campus Project, a copy of said contract 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 14th day of Jun Xevrik LAND, City Secretary O±\ WPDOCS \RESOLUTI \R1061414.WP0 /ec RESOLUTION NO. R- 01- 06- 14 -16F4 I/t .LUj J ROB' "' — A. STL KA, JR., Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR PRE- CONSTRUCTION PROFESSIONAL EVALUATION SERVICES is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called `City' and Chasco Contracting, having its principal business address at P 0 Box 1057, Round Rock, Texas 78680, hereinafter called 'Firm' for the purpose of contracting for pre - construction professional evaluation services. WITNESSETH WHEREAS, the City desires to contract for pre - construction professional evaluation services described as follows: Reviewing of the design during the development of the plans (checking build - ability including plan detail completeness, required skills / trades / tools matching local market, availability of materials, submittal requirements, etc.), assuring realistic cost estimate, optimizing construction schedule estimates, and advise in the development of bid documents. These pre - construction professional evaluation services are for the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC', consisting of a new municipal office building, a surface parking lot, and associated infrastructure improvements. The proposed new municipal office building, the Garfield and Petranella McConico Building, is slated to be a two -story, 26,000 square feet new structure. The `Phase I' concept illustration is shown on Attachment H. The interim surface parking lot to be constructed in this phase will accommodate 80 full size cars, 6 handicapped cars, and 4 handicapped vans. AGREEMENT NOW, THEREFORE, the City and the Firm, 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 furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY THE FIRM The Firm shall perform those pre -construction professional evaluation services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Firm, attached hereto and made a part of this Contract. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Firm 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 on July 15, 2001, unless extended by written supplemental agreement duly executed by the Firm and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 18 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Firm 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. The City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in "Article 11 - Supplemental Agreements." The Firm 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 Firm agrees to accept the not- to -be- exceeded fee amount shown below as full compensation for the pre - construction professional evaluation services to be performed under this Contract. The Firm and the City acknowledge the fact that the not -to -be- exceeded fee is the total estimated costs of services to be rendered, based upon the labor and non -labor costs estimated to be required in the performance of the various tasks of work provided for under this Agreement. In the case were the actual costs of the services rendered under this Agreement are less than such estimated cost, then the Firm shall receive compensation for only those services actually rendered. The City shall not be responsible for actions by the Firm or any costs incurred by the Firm relating to additional work not included in Attachment B "Services to be Provided by the Firm." The fee is based upon the hourly rates and reimbursable cost set forth in Attachment D - Fee Schedule. Attachment D - Fee Schedule is attached hereto and made apart hereof. The not- to -be- exceeded fee amount payable under this Contract without modification of the Contract is Five Thousands Dollars and No Cents ($5,000.00) as shown in Attachment D - Fee Schedule. The not -to- be- exceeded fee amount payable may be revised by supplemental agreement in the event additional work is approved and performed by the Firm for a change in scope, and/or additional complexity from that originally anticipated, and/or a change if the character of work, as authorized by the City. ARTICLE 5 PAYMENT Payments to the Firm for services rendered will be made while work is in progress. The Firm 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. The Firm shall prepare these 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. Report Tom Word Page 1 of 1 From: Connie Bills [BillsCD@c-b.com] Sent: Monday, May 14, 2001 9:41 AM To: GPOHLME@dot.state.tx.us; tomword @round - rock.tx.us Subject: US 79 Gap Project What is the status of your review of the Schematic for US 79 from FM 1460 to Cr195? Thanks, Connie Connie Bills, P.E. Carter Burgess Barton Oaks Plaza V 901 South MoPac Expressway, Suite 200 Austin, TX 78746 billscd@c-b.com (512) 314 -3100 Direct line (512) 314 -3136 5/15/01 submittal shall be made with 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 fee is based upon hourly rates and reimbursable cost set forth in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount due and payable within thirty (30) days. The City shall reserve the right to withhold all are any portion of the payment pending verification of satisfactory work performed. The Firm must submit adequate proof to the City that hours and reimbursable cost equal the percentage of the work reported 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 Firm 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. ARTICLE 7 CONFERENCES AND PROGRESS The Firm shall, from time to time during the progress of the work, confer with the City. The Firm 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 Firm, conferences shall be provided at the Firm's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Firm'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 shall review the Work Schedule with the Firm to determine corrective action needed. The Firm shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (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. This thirty -day (30 -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. This sixty - day (60 - 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 Firm 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 Firm and a written supplemental agreement will be executed between the parties as provided in Article 11. The Firm 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 Firm or any costs incurred by the Firm relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. 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 Firm 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 Firm 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 Firm until full execution of the supplemental agreement and authorization to proceed is granted by the City. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, reports, 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 Firm and all documents fumished to the Firm by the City shall be delivered to the City upon completion or termination of this Contract. The Firm, 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. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Firm shall fumish 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 Finn shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Firm 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 Finn 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 Firm 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. All submissions by a subcontractor shall include any written comments of the Firm and shall be signed by the subcontractor as well as the Firm. No subcontract relieves the Firm 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 evaluate 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 Firm or a sub - provider, the Firm shall provide and require it's subcontracts to provide all reasonable facilities and assistance for the safety and convenience of the City representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS The Firm shall submit all applicable study reports, in preliminary form for review, comment, and/or approval by the City before final report is issued. The City's comments on the Firm'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 Firm shall be grounds for termination of the Contract and any increased cost arising from the Firm's default, breach of contract or violation of contract terms shall be paid by the Firm. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) (2) By the City giving notice in writing to the Firm as a consequence of failure by the Firm to perform the services set forth herein in a satisfactory manner. (3) (5) By mutual agreement and consent, in writing of both parties. 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 Firm, upon not less than thirty (30) days'written notice to the Firm. 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 termination shall thereafter be paid to the Firm. In determining the value of the work performed by the Firm 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 Firm defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Firm, the City will give consideration to the actual costs incurred by the Firm 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 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 Firm 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 Firm to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Firm shall be liable to the City for any additional cost occasioned the City. The Firm shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Firm in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Firm 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 Firm shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Firm 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 Firm or of any person employed by the Firm. The Firm 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 Firm, its agents, or employees. ARTICLE 21 FIRM'S RESPONSIBILITY The Firm 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 Firm's responsibility for all questions arising from errors and/or omissions will be as determined by the City. The Firm 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. ARTICLE 22 FIRM'S SIGNING OF SUBMISSIONS The responsible Firm shall sign, and date all appropriate submissions to the City. ARTICLE 23 NONCOLLUSION The Firm warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Firm, to solicit or secure this Contract and that it has not paid or agreed to pay any company or Firm 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. ARTICLE 24 INSURANCE The Firm 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 as Attachment G. ARTICLE 25 INSPECTION OF FIRM'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Firm for the purpose of checking the amount of work performed by the Firm at the time of contract termination. The Firm 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 Firm which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 PROJECT TEAM The Firm warrants that the representations included in the proposal 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 Firm for governmental purposes under this Contract. ARTICLE 28 COMPUTER GRAPHICS FILES The Firm agrees to provide all documents in electronic format. For these purposes the City's email address is wdobrowolski @round - rock.tx.us ARTICLE 29 SUCCESSORS AND ASSIGNS The Firm and the City do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this Contract and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Firm shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: City of Round Rock w /copy to: Stephan L. Sheets Attn.: City Manager City Attorney 221 E. Main St. 309 E. Main St. Round Rock, TX 78664 Round Rock, Texas 78664 Chasco Contracting Attn.: Temple Aday, President P O Box 1057 Round Rock, Texas 78680 ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Firm 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 Firm have executed these presents in duplicate. THE FIRM ' Chasco Contracting By: Aday, Pre Date Attachment A - Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - Attachment G - Attachment H - City of Round Rock i fent / Robert Stluka, Jr., Mayor LIST OF ATTACHMENTS Services to be Provided by the City Services to be Provided by the Firm Work Schedule, if applicable Fee Schedule Work Authorizations, if applicable Supplemental Work Authorizations, if applicable Certificate of Insurance, if applicable Concept Illustration ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Firm the following items /information: 1. Notice of all meetings concerning the development and design of the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. 2. Copies of all documents that the City of Round Rock receives from the design team directly related to the design, cost estimation, scheduling, and specification documents on the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. 3. Assist with coordination between the Firm and the Design team. 4. Make the final decision on any recommended changes in conflict with the design team. 5. Provide known information on existing infrastructure as requested. ATTACHMENT B SERVICES TO BE PROVIDED BY CHASCO CONSTRACTING Chasco Contracting will provide pre - construction professional evaluation services described as follows: 1. Reviewing of the design during the development of the plans (checking build - ability including plan detail completeness, required skills / trades / tools matching local market, availability of materials, submittal requirements, etc.) 2. Assuring realistic cost estimate 3. Optimizing construction schedule estimate 4. Advise in the development of bid documents Chasco Contracting shall provide an email address for the exchange of electronic files. Chasco Contracting shall forgo any and all compensation related to the pre - construction professional evaluation service, should Chasco Contracting be awarded the General Construction Contract for the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. ATTACHMENT C WORK SCHEDULE The design team will determine the schedule. ATTACHMENT D FEE SCHEDULE Review Design during development Assure Realistic Cost Estimates Optimize Construction Schedule Estimates Advise in Development of Bid Documents Reimbursable items not included in above task $ 5,000.00 TOTAL FEE NOT TO - BE - EXCEEDED HOURLY RATES Billing Rates for Project: Position Rate Project Executive $85.00 Executive Assistant $35.00 Chief Estimator (PE) $85.00 Estimator $50.00 Accounting Executive $65.00 Expert Legal Testimony (Extra Service) $135.00 ATTACHMENT E WORK AUTHORIZATIONS This attachment is not applicable at this time. ATTACHMENT F SUPPLEMENTAL WORK AUTHORIZATIONS This attachment is not applicable at this time. ATTACHMENT G CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE Darer3 -8 -01 PRODUCER Insurance Network of Texas 143 East Austin Street Giddings, Texas 78942 INSURED C Chasco Contracting PO Box 1057 R Rock T 78680 THIS IS TO Ch'R11F] THAT the TX Hatred above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions tO the policies are noted below. CO TYPE OF INSURANCE POLICY EFFEL11Vh EXPIRATION LIMITS LTR NUMBER DATE DATE A GENERAL LIABILITY A AUTOMOBILE LIABILITY CON69926161 13 FV,4SLIABBSLY EACHOCCURRENCE 35X13196900 3 -9 -01 3 -9 -02 AO(mEGATE WORKERS' COMPENSATION AND EMPLOYERS' LIABILBY STATUTORY mars A TC250413344 3 -9 -01 3 -9 -02 EACH ACCIDENT $1,000,000 DISEASE . POLICY LIMIT S 1 , 000 , 000 DmaASE - EACH EMPLOYEE 5 1 .000 , 000 OTHER C0N28343094 3 -9 -01 3 -9 -02 3 -9 -01 3 -9 -02 DESCR1I' OON OF OPERATIONS /LOCAIIONSNMECLES/SPECIAL rnims EKCEPT1oNs COMPANIES AFFORDING COVERAGE A Maryland Casualty Ins. Co. B Kemper Ins. Co. # 7 Typed Name; R.J. Nitsche IMm CEO OENEBALAGOREGATE s2,000,000 PRODUCTS-COMP/OP AGO. 52,000,000 PERSONAL & ADV. WIURY S 1 ,000,000 BACHOCCUARBNCE $1,000,000 FIRE DAMAGE (Any om fire) $ 300.000 MODEMMNBE(Amonepetsoe) 5 10,000 COMBINED SINGLE LDIT 51, 000,000 BODILY RDURY (Per person) S BODILYINIURY (Peracddem) S PROPERTY DAMAGE $ x10,000,000 3 10,000,000 The City of Round Rock is named u additional muted with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration dam thereof, the issuing company Will mail thirty .(30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock, Texas 78664 ATTACHMENT H CONCEPT ILLUSTRATION fl U(. ROI 1'/0''8 .Ifl 11 N1$' I Q C�� Evaluation Team Member Experience Approach Professional Comp Additional Info Total Recommendation Chasco Faulk Chasco Faulk Chasco Faulk Chasco Faulk Chasco Faulk 1 8 7 8 8 8 7 8 6 32 28 Chasco 2 8 7 8 8 8 7 7 7 31 29 Chasco 3 9 6 10 4 9 3 0 0 28 13 Chasco 4 10 8 10 10 10 8 10 8 40 34 Chasco 5 Did not score sections. Recommendation based on bring insight from he construction view point. Chasco Average 8.75 7 9 7.5 8.75 6.25 6.25 5.25 32.75 26 Chasco Over all Average 8.1875 1 6.5 1 1 1 1 1 1 1 1 1 1 I Reasons for the recommendation: Pre - Construction Professional Evaluation Services Evaluation Form Ratin Table Recommend another independent point of view on the plans because such reviews in the past have saved the City of Round Rock up to 15% on projects construction Chasco's proposal matches the City of Round Rock's intent better than Faulk's proposal. Chasco has the best combination of experience and level of service. A construction point of view would add to the buildability factor of the plans. A construction point of view seems to better suit project needs at this point. Restrict contract to Design Review, Assuring Realistic Cost Estimates, Optimizing Construction Schedule, and Advising (not Assisting) in the bid Document Credit back of fees for services if awarded construction contract should be part of the Professional Services Contract. Existing Design Management Team is strong in the management of the project, but there does seem to be a need for a construction point of view in the views. Limit the contract to items that would not conflict with Chasco bidding on the construction of the project. Limit Chasco's participation up to the bidding process. ITEM: • DATE: June 8, 2001 SUBJECT: City Council Meeting — June 14, 2001 Public Comment: N/A Sponsor: N/A 16.F.4. Consider a resolution authorizing the Mayor to execute a Contract for Pre - Construction Professional Evaluation Services with Chasco Contracting in connection with Phase I of the Municipal Office Complex Project. Contract fee is a not to exceed amount of $5,000.00, with a clause that forgo any and all compensation related to the pre - construction professional evaluation service, should Chasco Contracting be awarded the General Construction Contract for `Phase I' of the MOC. The proposed contract will bring a construction contractor's point of view directly into the development plans and specifications. Resource: Jim Nuse, Public Works Director William Dobrowolski, Engineer History: Public Works Department wrote a Request for Proposals (RFP). These RFP's were sent to a select group of qualified local entities, five (5) firms, by email on March 27, 2001, with response due on April 19, 2001. Three (3) of the firms responded, one with a letter that stated that it could be a conflict of interests with their firm because of being a sub contractor to the current design team on the project, and two (2) submitted proposals. Proposals were reviewed by a Evaluation Review Team with members from the current design team and Public Works staff related and not directly related to the project (Attached is a tabulation of those ratings and comments). Contract terms were negotiated with the top rated firm. Chasco has already begun looking at the plans. Funding: Cost: $5,000 Source of funds: FY 2000 CO Outside Resources: Chasco Contracting Impact/Benefit: Introducing such a point of view in the design phase of projects has proven to increase the value of the project received by the City of Round Rock for the dollars invested. Also we have noted a reduction in the size and number of change orders required in during the construction phase of the contract. STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR PRE CONSTRUCTION PROFESSIONAL EVALUATION SERVICES is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called `City' and Chasco Contracting, having its principal business address at P O Box 1057, Round Rock, Texas 78680, hereinafter called 'Firm' for the purpose of contracting for pre - construction professional evaluation services. WITNESSETH WHEREAS, the City desires to contract for pre - construction professional evaluation services described as follows: Reviewing of the design during the development of the plans (checking build - ability including plan detail completeness, required skills / trades / tools matching local market, availability of materials, submittal requirements, etc.), assuring realistic cost estimate, optimizing construction schedule estimates, and advise in the development of bid documents. These pre - construction professional evaluation services are for the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC', consisting of a new municipal office building, a surface parking lot, and associated infrastructure improvements. The proposed new municipal office building, the Garfield and Petranella McConico Building, is slated to be a two -story, 26,000 square feet new structure. The `Phase I' concept illustration is shown on Attachment H. The interim surface parking lot to be constructed in this phase will accommodate 80 full size cars, 6 handicapped cars, and 4 handicapped vans. AGREEMENT NOW, THEREFORE, the City and the Firm, 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 furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY THE FIRM ORIGINAL The Firm shall perform those pre - construction professional evaluation services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Firm, attached hereto and made a part of this Contract. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Firm 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 on July 15, 2001, unless extended by written supplemental agreement duly executed by the Firm and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 18 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Firm 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. The City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in "Article 11 - Supplemental Agreements." The Firm 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 Firm agrees to accept the not- to -be- exceeded fee amount shown below as full compensation for the pre - construction professional evaluation services to be performed under this Contract. The Firm and the City acknowledge the fact that the not -to -be- exceeded fee is the total estimated costs of services to be rendered, based upon the labor and non -labor costs estimated to be required in the performance of the various tasks of work provided for under this Agreement. In the case were the actual costs of the services rendered under this Agreement are less than such estimated cost, then the Firm shall receive compensation for only those services actually rendered. The City shall not be responsible for actions by the Firm or any costs incurred by the Firm relating to additional work not included in Attachment B "Services to be Provided by the Firm." The fee is based upon the hourly rates and reimbursable cost set forth in Attachment D - Fee Schedule. Attachment D - Fee Schedule is attached hereto and made a part hereof. The not- to -be- exceeded fee amount payable under this Contract without modification of the Contract is Five Thousands Dollars and No Cents ($5,000.00) as shown in Attachment D - Fee Schedule. The not -to- be- exceeded fee amount payable may be revised by supplemental agreement in the event additional work is approved and performed by the Firm for a change in scope, and/or additional complexity from that originally anticipated, and/or a change if the character of work, as authorized by the City. ARTICLE 5 PAYMENT Payments to the Firm for services rendered will be made while work is in progress. The Firm 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. The Finn shall prepare these 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. Report submittal shall be made with 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 fee is based upon hourly rates and reimbursable cost set forth in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount due and payable within thirty (30) days. The City shall reserve the right to withhold all are any portion of the payment pending verification of satisfactory work performed. The Firm must submit adequate proof to the City that hours and reimbursable cost equal the percentage of the work reported 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 Firm 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. ARTICLE 7 CONFERENCES AND PROGRESS The Firm shall, from time to time during the progress of the work, confer with the City. The Firm 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 Firm, conferences shall be provided at the Firm's office, the office of the City, or at other Locations designated by the City. These conferences shall also include evaluation of the Firm'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 shall review the Work Schedule with the Firm to determine corrective action needed. The Firm shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (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. This thirty -day (30 -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. This sixty -day (60 -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 Firm 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 Firm and a written supplemental agreement will be executed between the parties as provided in Article 11. The Firm 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 Firm or any costs incurred by the Firm relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. 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 Firm 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 Firm 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 fumished shall be made by the Firm until full execution of the supplemental agreement and authorization to proceed is granted by the City. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, reports, 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 Firm and all documents furnished to the Firm by the City shall be delivered to the City upon completion or termination of this Contract. The Firm, 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. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Firm 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 Firm shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Firm 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 Firm 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 Firm 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. All submissions by a subcontractor shall include any written comments of the Firm and shall be signed by the subcontractor as well as the Firm. No subcontract relieves the Firm 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 evaluate 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 Firm or a sub - provider, the Finn shall provide and require it's subcontracts to provide all reasonable facilities and assistance for the safety and convenience of the City representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS The Firm shall submit all applicable study reports, in preliminary form for review, comment, and/or approval by the City before final report is issued. The City's comments on the Firm'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 Firm shall be grounds for termination of the Contract and any increased cost arising from the Firm's default, breach of contract or violation of contract terms shall be paid by the Firm. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) (2) By the City giving notice in writing to the Firm as a consequence of failure by the Firm to perform the services set forth herein in a satisfactory manner. (3) (5) By mutual agreement and consent, in writing of both parties. 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 Firm, upon not less than thirty (30) days written notice to the Firm. 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 termination shall thereafter be paid to the Firm. In determining the value of the work performed by the Firm 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 Firm defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Firm, the City will give consideration to the actual costs incurred by the Firm 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 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 Firm 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 Firm to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Firm shall be liable to the City for any additional cost occasioned the City. The Firm shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Firm in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS The Firm 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 Firm shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Firm 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 Firm or of any person employed by the Firm. The Firm 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 Firm, its agents, or employees. ARTICLE 21 FIRM'S RESPONSIBILITY The Firm 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 Firm's responsibility for all questions arising from errors and/or omissions will be as determined by the City. The Firm 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. ARTICLE 22 FIRM'S SIGNING OF SUBMISSIONS The responsible Firm shall sign, and date all appropriate submissions to the City. ARTICLE 23 NONCOLLUSION The Firm warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Firm, to solicit or secure this Contract and that it has not paid or agreed to pay any company or Firm 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. ARTICLE 24 INSURANCE The Firm 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 as Attachment G. ARTICLE 25 INSPECTION OF FIRM'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Firm for the purpose of checking the amount of work performed by the Firm at the time of contract termination. The Firm 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 Firm which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 PROJECT TEAM The Firm warrants that the representations included in the proposal 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 Firm for governmental purposes under this Contract. ARTICLE 28 COMPUTER GRAPHICS FILES The Firm agrees to provide all documents in electronic format. For these purposes the City's email address is wdobrowolski@round- rock.tx.us ARTICLE 29 SUCCESSORS AND ASSIGNS The Firm and the City do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this Contract and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Finn shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 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, 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 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: City of Round Rock wicopy to: Stephan L. Sheets Attn.: City Manager City Attorney 221 E. Main St. 309 E. Main St. Round Rock, TX 78664 Round Rock, Texas 78664 Chasco Contracting Attn.: Temple Aday, President P 0 Box 1057 Round Rock, Texas 78680 ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Firm 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 Firm have executed these presents in duplicate. THE FIRM Chasco Contracting , /.e/ Date City of Round Rock B . di`I Robe 'Stluka, Jr., Mayor LIST OF ATTACHMENTS Attachment A - Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - Attachment G - Attachment H - Services to be Provided by the City Services to be Provided by the Firm Work Schedule, if applicable Fee Schedule Work Authorizations, if applicable Supplemental Work Authorizations, if applicable Certificate of Insurance, if applicable Concept Illustration ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Firm the following items /information: 1. Notice of all meetings concerning the development and design of the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. 2. Copies of all documents that the City of Round Rock receives from the design team directly related to the design, cost estimation, scheduling, and specification documents on the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. 3. Assist with coordination between the Firm and the Design team. 4. Make the final decision on any recommended changes in conflict with the design team. 5. Provide known information on existing infrastructure as requested. ATTACHMENT B SERVICES TO BE PROVIDED BY CHASCO CONSTRACTING Chasco Contracting will provide pre - construction professional evaluation services described as follows: 1. Reviewing of the design during the development of the plans (checking build - ability including plan detail completeness, required skills / trades / tools matching local market, availability of materials, submittal requirements, etc.) 2. Assuring realistic cost estimate 3. Optimizing construction schedule estimate 4. Advise in the development of bid documents Chasco Contracting shall provide an email address for the exchange of electronic files. Chasco Contracting shall forgo any and all compensation related to the pre - construction professional evaluation service, should Chasco Contracting be awarded the General Construction Contract for the first phase `Phase I' of City of Round Rock's Municipal Office Campus `MOC'. ATTACHMENT C WORK SCHEDULE The design team will determine the schedule. ATTACHMENT D FEE SCHEDULE Review Design during development Assure Realistic Cost Estimates Optimize Construction Schedule Estimates Advise in Development of Bid Documents Reimbursable items not included in above task $ 5,000.00 TOTAL FEE NOT- TO -BE- EXCEEDED HOURLY RATES Billing Rates for Project: Position Rate Project Executive $85.00 Executive Assistant $35.00 Chief Estimator (PE) $85.00 Estimator $50.00 Accounting Executive $65.00 Expert Legal Testimony (Extra Service) $135.00 ATTACHMENT E WORK AUTHORIZATIONS This attachment is not applicable at this time. ATTACHMENT F SUPPLEMENTAL WORK AUTHORIZATIONS This attachment is not applicable at this time. ATTACHMENT G CERTIFICATE OF INSURANCE CERTIFICATE OF LIABILITY INSURANCE PRODUCER Insurance Network of Texas 143 East Austin Street Giddings, Texas 78942 COMPANIES AFFORDING COVERAGE A Maryland Casualty Ins. Co. B Kemper Ins. Co. a 3 INSURED C Chasco Contracting PO Box 1057 _Round_ Rock T 78680 D THIS IS TO CE I AT the su.r named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in. accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE h. xPIxA TION LIMITS LTR NUMBER DATE DATE A GENERAL LIABILITY A AUTOMOBILE LIABILITY CON69926161 OTHER C01428343094 3 -9 -01 3 -9 -02 3 -9 -01 3 -9 -02 9 EXCESS LIABILITY 3SX13196900 3 -9 -01 3 -9 -02 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY STATUTORY LIMITS A TC250413344 3 -9 -01 3 -9 -02 EACH ACCIDENT 51,000,000 DISEASE - POLICY LIMIT 5 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 DESCRIPTION OP OPERATIONS/ LOCATIONS /VEHICIBS/SrECIAL ITEMS/EXCEPTIONS GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP /OP AOG. $ 2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 51,000,000 FIRE DAMAGE (Any as r) s 300, MED. EXPENSE (Airy Om person) 5 10,000 COMEINEDSG ELThdfl 51,000,000 BODILY INJURY (Pup 5 BODILY INJURY (Per uddead $ PROPERTY DAMAGE S EACH ocCTRRENC3 510,000,000 AGGREGATE $10,000,000 The City of Round Rock is tamed as additional insured with respect to all policies extept Workers' Compcoaatiou and Employers' Liability. Should any of Me above dtsm'bed policies by =celled or changed before the expiration dart thereof, the issuing company will malt thirty.(30) days written notice to the certificate holder named below. CERTIFICATE SOLDER: City of lto,md Rock 221 E. Main Street Round Rock, Texas 78664 SIGNATURE OP AUTRORIZED REPRESENTATIVE ' f-11c. Typed Name: R.U. Nitsche Title: 050 ATTACHMENT H CONCEPT ILLUSTRATION ttir Ntr,YntNx'$ :tri'■N Yt ALttlftlt'S INTEROFFICE MEMORANDUM DATE: May 21, 2001 TO: James R. Nuse, PE FROM: William J. Dobrowolski III, PE RE: CITY OF ROUND ROCK ll o Contract for the Pre - Construction Professional Evaluation Services on Phase I of the MOC Attached are three original contract documents with Chasco Contracting for the Pre - Construction Professional Evaluation Services on Phase I of the City of Round Rock's Municipal Office Campus (MOC). These triplicate originals of the contract are signed and dated by the contractor, ready for signing by the City of Round Rock. Contract fee is a not to exceed amount of $5,000.00, with a clause that forgo any and all compensation related to the pre - construction professional evaluation service, should Chasco Contracting be awarded the General Construction Contract for `Phase I' of the MOC. We recommend requesting that the City Manager, Robert L. Bennett, Jr., sign this contract under authorization City Council given the City Manager for clear and clean contracts up to this value. The proposed contract will bring a construction contractor's point of view directly into the development plans and specifications. Introducing such a point of view in the design phase of projects has proven to increase the value of the project received by the City of Round Rock for the dollars invested. Also we have noted a reduction in the size and number of change orders required in during the construction phase of the contract. The Dell Diamond Complex Development is a good example of the value of such services. These factors help give the City of Round Rock the best project on time and under budget. Here is a short history of the path to this contract document. I understand that the City of Round Rock had good expense with this type of services, to a small extent, on some completed projects. Projects where these types of services have been provided, in different degrees of scope, Clay Madsen Recreation Center, Griffith Public Library, and Dell Diamond. Two local firms had express interest in providing such services. The MOC is also a complex project. Once it was decided to Pursue these type services for the MOC, a team from the Public Works wrote wrote a Request for Proposals (RFP). These RFP's were sent to a select group of qualified local entities, five (5) firms, by email on March 27, 2001, with response due on April 19, 2001. Three (3) of the firms responded, one with a letter that stated that it could be a conflict of interests with their firm because of being a sub contractor to the current design team on the project, and two (2) submitted proposals. Proposals were reviewed by a Evaluation Review Team with members from the current design team and Public Works staff related and not directly related to the project (Attached is a Tabulation of those ratings and comments). Contract terms were negotiated with the top rated firm. Public Works staff with direct input from the City Attorney's Office composed the contract, which the Contractor signed. Public Work Personnel completed the "Request Finance Approval" forms and received the Finance Departments approval. The attached Contract is this document in triplicate originals. PUBLIC WORKS DEPARTMENT Mayor RobertA Sttuba, Jr. Mayor Proem Tom Nielson Council Members Alan McGraw Carrie Pat Earl Palmer Isabel Callahan Gary Coe City Manager Robert L Bennett, Jr City Attorney Stephan L Sheets January 28, 2002 Mr. Temple Aday, President Chasco Contracting P.O. Box 1057 Round Rock, TX 78680 Dear Mr. Aday: After reviewing our files, we found that your organization may not have received the following documents. The Round Rock City Council approved Resolution No. R- 01- 06- 14 -16F4 at their regularly scheduled meeting on June 14, 2001. This resolution approves the contract for Pre - Construction Evaluation Services in connection with Phase I of the Municipal Office Campus Project. Enclosed is a copy of the resolution and contract for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218- 5555. Christine R. Martinez City Secretary Enclosures Fax: 512- 218 -7097 1-800-735-2989 TDD 1- 800 - 735 -2988 Voice www.ci round- rock.tx.us 221 East Main Street Round Rock, Texas 78664 512- 218 -5400