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R-03-05-08-15D1 - 5/8/2003RESOLUTION NO. R- 03- 05- 08 -15D1 WHEREAS, the City of Round Rock desires to retain engineering services to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH -35, and WHEREAS,Martinez, Wright & Mendez, Inc. has submitted an Agreement for Engineering Services 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 for Engineering Services with Martinez, Wright & Mendez, Inc. to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH -35, a copy of said agreement being attached hereto as Exhibit "A" 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 RESOLVED this 8th day of May, 2003. 0 : \wdox \RESorarx \R305oeoi.000/.0 CHRISTINE R. MARTINEZ, City Secret amended. : NYL c q ELL, Mayor City of Round Rock, Texas y ROUND ROCK. TEXAS m posEonsvanvamvrnrrr. THE STATE OF TEXAS COUNTY OF WILLIAMSON Eng Sery Agreement- MWM- sambass.doc CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Martinez, Wright & Mendez, Inc. FOR Redesign of Sam Bass Road from Meadows Drive to III-35 1 THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200 by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City "), and Martinez, Wright & Mendez, Inc.. whose principal place of business is located at Chevy Chase One, 7700 Chevy Chase Drive, Suite 100, Austin, TX 78752 , (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: EXHIBIT 1 a A .. Rev.4/1 /03 CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 04 day of the month of October 2004 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer 2 shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Sixty -six thousand two hundred seventv -one dollars ($66,271.00) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress, Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 3 Rev. 4/1/03 The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non- disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." 4 Rev. 4/1/03 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: David Bartels, Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -6617 Fax Number: (512) 218 -3242 Email Address: dbartels@round- rock.tx.us City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Roberto O. Martinez, P.E. Chevy Chase One, 7700 Chevy Chase Drive, Suite 100 Austin, TX 78752 Telephone Number: (512) 453 -0767 Fax Number: (512) 453 -1734 Email Address: robertom@mwminc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: 5 Rev. 4/1/03 (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice maybe waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." 6 Rev. 4/1/03 Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Tenn." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. 7 Rev. 4/1/03 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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. 8 Rev. 4/1/03 (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 usable to City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. 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 Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 9 Rev. 4/1/03 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of 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 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 Rev. 4/1/03 ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in the limit or scope of coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which are the sole responsibility of and at the sole risk of Engineer. 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. 11 Rev. 4/1/03 (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be bome solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance" ARTICLE 27 COPYRIGHTS 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 Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. 12 Rev. 4/1/03 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Roberto O. Martinez, P.E. President Martinez, Wright & Mendez, Inc. Chevy Chase One 7700 Chevy Chase Drive, Suite 100 Austin, TX 78752 ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not 13 Rev. 4/1/03 responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. approved by the City Council on the day of the month of , 200_, and Engineer Martinez, Wrieht & Mendez, Inc., signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By City Secretary ENGINEER: By: Signature of Principal Printed Name: Roberto O. Martinez, P.E. ARTICLE 34 SIGNATORY WARRANTY 14 Rev. 4/1/03 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 Rev. 4/1/03 FIELD SURVEYING 1. Provide all survey information to date. Exhibit "A" SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: PRELIMINARY DESIGN STUDIES 1. Roadway design criteria. 2. Copies of as -built construction plans. 3. Coordinate and conduct preliminary design concept conference. ROADWAY DESIGN CONTROL 1. Design speed and specific criteria for project design. 2. Coordination necessary to secure typical section and preliminary design approval. DRAINAGE DESIGN 1. Provide available information on existing drainage facility. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Provide standard detail as necessary. MISCELLANOUS (ROADWAY) 1. Provide standard detail sheets, bidding documents, and specifications as necessary. LETTING PROCESS 1. Award contract to successful bidder. S:\P ojNS Bob a hibil A 31Marc103 doe Page 1 of 1 EXHIBIT "B" SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. At a minimum, monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. A memorandum documenting progress meetings will be prepared by the Engineer. The plans for these projects will be prepared in 24 "x36" format. When feasible, the City's standard drawings, and specifications of previously approved special provisions /specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. For those items which require preliminary approval, a special designation for preliminary submission is noted in the following list of services to be provided. Specific project items not adequately addressed on example sheets should be discussed with the City's Project Manager. To minimize revisions, the Engineer will request sample copies of any sheets/schematics /etc. for clarification. The Engineer will solicit and secure written permission for entry to accomplish any work beyond the existing right of way. The Engineer is fully responsible for a traffic control required from any data collection activities. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." The plans, specifications and estimates will be prepared as one set of construction documents and will include all design details for the project. (See Attachment `B" for Project Site.) The Engineer shall provide the following engineering services required for the preparation of the plans, specifications and estimate (PS &E). PRELIMINARY DESIGN STUDIES (N /A, 100%Completed Under Previous Contract and submitted to CORR.) 1. Attend preliminary design concept conference. 2. Collect and review all available data. 3. Develop a design schematic on controlled planimetrics. (Schematic and typical sections require formal submission ad approval.) Pap 1of1 RIGHT -OF -WAY (ROW) 1. Identify utility adjustments to be made. 2. Review adjustment plans submitted by utility companies. FIELD SURVEYING (N /A Completed 100% under previous Contract) 1. Establish two (2) permanent bench marks for the project. 2. Provide ties to planimetric features. 3. Tie and profile existing drainage facilities and cross section natural drainage features as needed. 4. Provide ties to existing underground and overhead utilities, as needed. 5. Set horizontal and vertical control. 6. Provide natural ground cross - sections at 50 -feet intervals. ROADWAY DESIGN CONTROL (Complete & Update Plans prepared under Previous Contract 95% Completed — See Attachment "B" Site Plan Layout) 1. Refine the horizontal and vertical alignment of roadways. 2. Provide design cross- sections. 3. Compute earthwork quantities. 4. Prepare typical sections. 5. Develop plan/profile sheets. 6. Develop intersection/driveway details. 7. Miscellaneous roadway details DRAINAGE DESIGN (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Prepare drainage area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for culverts, channels, storm sewer and inlets. 3. Prepare hydraulic data sheets. 4. Develop storm sewer plan/profile and culvert cross section sheets. 5. Develop miscellaneous drainage details. 6. Summary of quantities for drainage items. 7. Develop SW3P plans per phase consistent with the TCP. 8. Prepare SW3P quantities and summaries. 9. Prepare WPAP and assist in coordination with (TCEOJ. 10. Prepare design for a water quality pond at a location near Brushy Creek, but outside 100 -year flood limits. (See Attachment "B.") SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Prepare signing and pavement markings layout. 2. Prepare summary of small signs. 3. Prepare summary of pavement markings. 4. Traffic signal plans. Page 2af5 MISCELLANEOUS (ROADWAY) (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Develop Traffic Control Plan (TCP), Detours, and Sequence of Construction layouts. A detailed TCP shall be developed utilizing the MUTCD and the current TXDOT Barricade and Construction Standards. Each phase should identify the existing and proposed traffic control devices that will be used to handle traffic during, each sequence of construction, including regulatory signs, warning signs, construction warning signs, guide signs, route markers, construction pavement markings, channelizing devices, portable changeable message signs, flashing arrow boards, barricades, barriers, etc. 2. Prepare a narrative of the construction sequencing. 3. Prepare phasing quantities and summaries. 4. Identify existing items to be removed and prepare removal layouts and summaries. 5. Prepare exhibits for utility agreements. 6. Prepare miscellaneous details as required. 7. Prepare estimate, specifications and general notes. 8. Prepare special specifications as required for non - standard items. 9. Prepare cost estimate. 10. Prepare construction time estimate. LETTING PROCESS 1. Prepare twenty copies of construction plans and bid documents. 2. Provide copies of construction plans and bid documents to prospective bidders. 3. Accept completed bid documents. 4. Review submitted bid documents and recommend action relative to the award of contract to the City of Round Rock. SCHEDULE 1. The Engineer will submit 100% complete plans to the City of Round Rock within 90 days after receipt of Notice to Proceed. Interim review of the project will be accomplished at the 95% stages and by close coordination with the City's Project Manager. CONSTRUCTION ADMINISTRATION 1. Engineer will conduct periodic site visits and reviews as necessary. 2. Engineer will review shop submittals and field changes. 3. Engineer will review monthly pay submittals and final pay estimates. Engineer prepares record drawings at the completion of the project. ROW/EASEMENTS Services under this item will be limited to the proposed parcels shown on Attachment "A" and will be provided in accordance with the following: 1. Review and address information identified from updated title commitments provided by Client. Page of 5 2. Field search and locate additional property corners associated with re- establishing the south lime of Emmanuel Street adjacent to the Johnson property. 3. Perform calculations and analysis to re- establish the south line of Emmanuel Street adjacent to the Johnson property. 4. Provide closure and area calculations for proposed parcels (13 parts total). 5. Provide property descriptions for 1 permanent drainage easement, 1 temporary workspace easement and 1 water quality and drainage easement with the Johnson property. Each part of parcels having more than one part will be counted as one parcel. 6. Prepare parcel sketches for the easements outlined in Item No. 5 above. 7. Update R -O -W map of Sam Bass Road to reflect information identified in updated title commitments provided by the Client. 8. Prepare a plan of proposed R -O -W as per TXDOT format except for no cover sheet. 9. Coordination with Railroad and TXDOT. Field stake proposed R -O -W and easements as identified in the property descriptions. Excluded Engineering Surveying Services Services that are not provided under this agreement specifically include, but are not limited to more than one set of Contract documents for bidding and construction (partial): acquiring certificates or abstracts of title; and other services or expenses which may become necessary for the completion of this project, but which are not reasonable anticipatable at this time. Such services may be performed as Additional Services to the Agreement, if authorized by the City. A. InTEC. Inc. (N /A Completed 100% under previous contract) Subsurface Exploration and Pavement Analysis Martinez, Wright & Mendez, Inc. has provided to CORR. Completed report prepared by Integrated Testing and Engineering Company of Austin (INTEC) which included subsurface exploration and pavement analysis. The Scope of Service included the following: Explore the subsurface materials and ground water conditions at the site by drilling 9 test boring to depths of 10-ft., 7 -ft. in this project area. The subsurface exploration and engineering analysis included the following services: 1) Obtain Permit or licenses from City of Round Rock. 2) Provide traffic control during subsurface exploration phase. 3) Drilling and sampling of the subsurface materials: 8 test borings to depths of 10 ft.; 1 boring to a depth of 6 -ft. in the proposed sedimentation pond area 4) Evaluation of the in -place conditions of the subsurface soils through field penetration tests; 5) Observe the ground water conditions at the site; 6) Conduct laboratory tests such as Atterberg limits, unconfined compression, and moisture content tests; Page 4 of 7) Development of general recommendations for the pavement thickness construction (using City of Austin MFPS Program) and earthwork phases of the project; and 8) Consultations with Prime Professionals and members of the design team on findings and recommendations; and preparations of a written geotechnical engineering report for use by the members of the design team in their preparation of design, contract documents, and specifications. B. GEOLOGIC ASSESSMENT: (N /A 100% Completed under previous contract) Scope of Services: Conducted a Geologic Assessment for Regulated Activities/Development at the above referenced project site. The Geologic Assessment was performed by a certified professional geologist according the guidelines set by the Texas Natural Resource Conservation Commission (6- 1 -99). A geologic assessment report was prepared and submitted to City of Round Rock. C. WHM Traffic signal poles relocation at Sam Bass and Chisholm Trail intersection. Scope of Services: Revise the plans to relocate traffic signal poles, potentially relocate the controller, update electrical and phasing charts, provide recommendations for pavement markings, and update construction quantities. PegeSof3 April 4-2003 MAg 1 2 4 1 2 3 4 1 2 4 1 By others( Not Part of MW ROW Acquisition -Month Week reement) May June Ju Utility Relocations Survey Additional Survey (Done) Gather Data/Borings/Geological Information (Done R.O.W. Sketches R.O.W.Staking Design Phase 95% Submittal City of R.Rock Review 100% Submittal (Bid documents) Bidding and Construction Bid Opening Advertise for Bids Pre -Bid Mtg. /Questions Review of Bids Award of Contract CONSTRUCTION PHASE (8 Months) - 4:77 Aucust September October » >a 24- Oct -04 2 3 4 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Schedule Exhibit "Cu, Work Schedule Sam Bass /Chisholm Trail EXHIBIT "D" FEE SCHEDULE 1. R -O -W Surveying & Takings and Topo (Attachment A) $14,177.00 2. Engineering Design, Bidding and construction Administration (a) Design $35,770.00 (b) Bidding $ 2,300.00 (c) Construction Administration $ 7,995.00 3. Sub Consultants: (a) InTEC, Inc. (Geotech) $ 0.00 (b) WHM, Inc. (Signal) $ 3,800.00 4. Expenses (Printing/Copy Etc.) $2,229.00 Total Contract Amount $66,271.00 5:\ Projects \Bob\Eahtbit A 3IMarchOl doc Pagc 1 or 1 DA;$8 -7 ROHM TO MARKET am R "DfrlvE TION CRNNOLU TRAIL INDUSTRIAL PARK CNIDNOLIN TRAIL. • . INDUSTRIAL PARK SQUARE KILGORE RUODlr1110 a. ns . RESUB O� AE,D1 ROUND fOCK . ROUND CRNYRR• • 'we" WS8 D T REYISO W T (NET.) RESINS Or ROUND nowt CENTER • N" ,WEST pE VISEDI .'Ammo P o - OfiK eENYvN 1,E,} UIEV.1 - worse . iAIA pTT4CHMvr "}A MRrlinek. W`igJa k Mendel. r¢c:., tIVL sotwxYpou ax e 990 Round hock Aye.. Suite 319 - Rouad Rock, Texas 98681 51 2.255.1833 Fax 512.255.5391 • era •o eI ProjeCY Selle At ov7 MARTINEZ ' WRIGHT& ail MENDEZ C1111 ErlllrrrIss, 2111 81r111181. Arslltlstlrl T. Tuners, 1108 Clayton Inn 8u. 4008. MA., Tem 78723 Wj 812.1830787 8n) 8121821731 04/07/2003 lf:31 , 00000000000 CERTIFICATE OF LIABILITY INSURANCE PRODUCER USI Insurance Services of Texas 1946 S. III -35, Suite 301 Austin, Texas 78704 INSURED Martinez Wright & Mendez Chevy Chase One 7700 Chevy Chase Dr. Austin, Texas 78752 LTR NUMBER GENERAL LlABltrry AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS LIABILITY 001 RRMWMAoc 111 11111111 1 11111 11 Date: 04 /07/03 COMPANIES AFFORDING COVERAGE A Lumbermen's Mutual Casualty Co. B C D THIS IS TO CERTIFY THAT the Insured 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 EXPIRATION LIMITS DATE DATE Typed Ndtne: Jlmmerson Title: Executive Agent GENERAL AGGREGATE $ PRODUCt5- coMP /OP A00. S PERSONAL & ADV. INJURY 3 EACH OCCURRENCE $ FIRE DAMAGE (My one fire) $ MED. EXPENSE (My era person) $ COMBINED SINOLE LIMIT 3 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAOB $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMIT 3 DISEASE - EACH EMPLOYEE 3 PROFESSIONAL LIABILITY 0]01958401 03 /30/03 03/30/04 Per Claim 31,000.000 Per Aggregate 31,000,000 • PAGE 01/01 DESCRIPTION OF OPERATIONS /LOCAIIONSNEHICLRS,SPECJAL rrEMS/EXCBPTIONS Project: MWM Job P/02-03C Professional liable/ only: The aggregaet Ibnh la the axal kaetaece available for clatter presented within the policy period for all operations of insured. The limn ei8 be reduced by payment of indemnity and expense. The City of Round Rock Is named as additional Insured With respect to all policies except Worker's Compensation and Professlonal Liability, Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mall thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Sheet Round Rock, Texas 78804 SIG E OF AUJH ZED REPRESENTATIVE SAtI EXHIBIT F CERTIFICATE OF LIABILITY INSURANCE PRODUCER d Weeren Insurance Agency, Inc. A Hartford Insurance F 0 Box 14444 Austin, TX 78761 NEURAL) C Martinez, Wright & Mendez, Inc. 7700 Chevy Chase Drive, Suite 100 Marti?, TX 78 U? Companies listed above with respKi the i TO CEATIFT THAT the Insured Hams'! above is insured by the Com+pa business operations hereinafter described, for the types of insurance and is accordance with the provisions owed standard policies used by the companies, and farther hereinafter descrbed. Exceptions policies below, ; ...._ CO TYPE uF iNSUW►NCC POI,FCY EFFE EIVE EXPIRATION WAITS LER HUMegR DAT► DATE oaruaAL.r Aent[rY m Cts - 3 2, A pending 4-4-03 4�a -o4 rrc�u- crscoatP<or+co. a 2,000,000 PERSONAL* ApV. INA7RY 3 1,000,000 sari opci rmty 3 1, 0 0000 , 000 rmFD,VMt :6(.4 :::redj 3 ,00 7 , q{ p, yrE.*:aE(Myene ►enaa) X10,000 0 compainivW— 3 00 ; 000ILY1PWIV(P%/petw') 'e DOVILY04100 (4a twitted) ' taorrn.TY s EAOH %CURRENCY. 1,000 ,000 AG0Ri9GA1E 1 srAstrroavtifel � SAM AC< T = j tXer.ASR -TOL= user $ pts*AsE• EACH Eetr>maE s A Pending 4-4-03 4 -4 -04 • A 17G' Ir iiV r pending 4 - - 03 4 - - 04 _. _ woR�RS' ai Ttuct erd�tor • tisiii 7xry TraCurr!rxrore i*4ON&LOa. srtc tA1.n1SU+sxcamrs • The City Axed Rook is named as ed i qul �med Tate:spec. to atl pcLus exert Wmlyn Ca OpersZat end Lmpk +'+' 1140 and Preraslonar Usti*. now rely of rho above dcw'id polivice be mules se her6r0 04 *VA" d a t a U she iaeia6 eotnl.uy wilt matt thirty (3Q) d.ys'Ritter native le thfreeNSato holder named haw. Crs[troFtcATSitoLDtie City Meaner City of Isund Reck 221 S. Mein Meat Revs. Rack Taxiu i 664 l :atUtcus ar t :.nth; !^• ., .. F4 COMPANIES AF1CC:N OCOVERAGE stow. rr.• OF AU77i01't vs EXNIa!T- PAGE 2/03 Der:_„ 4 -4 -03 TypepN Edward L eeren Tax _Spw. nonAnnurs maa.., ._ .. ...ate -•--- EXHIBIT F CERTIFICATE OF LIASIUTY INSURANCE PRODUCTR NIEMAN HANKS PURYEAR A DIVISION OF FROST INSURANCE 515 CONGRESS AVE AUSTIN, TX 78701 INSURED MARTINEZ, WRIGHT & MENDEZ 7700 CHEVY CHASE DR #100 Austin, THIS IS TO CERTIFY THAT the Tnsured'rmmed above business operations hereinafter described, for she types standard policles used by the companies, and further bolow. oSist*ALIZURI 1'Y AvibuonuZ r sews IYAHILI Y 0 CO TYPR OFINSURANCE ?OTACT Eo7RCTTVIt =IBATION LTA NUMBER DATE DATE ^ �1 gs aAn oN.Giblasnorws , u.Amrrr A — riibricoucates. Unaomr PRCRIMON OF OrownosisaaOATRt ' nabs scars m rTt rC1 music -- alalo3 COMPANIES AFFORDING COVERAGE A AMERICAN HOME ASSURANCE COMPANY D i i asurad by the Companies listed above with respell to the of insurance and In accordance with the previsions of the hereinafter described. Exceptions to the polities are noted OP.NEPAL AGGRBGA7Y. 3 Maims- comic? A00. 1 PRR3ONAL Is AM WAY S DACrs OCCUU6NCS YWi D,wAGE(A. y orolio; $ MED. Kamm (* seemak)i convent nsceosA7nn'r s DOMUTDa1 &Y(P paoe) a MMLYRa7URr(Park46111e) R PROI'rPT'tyalACI6 $.AOUOC(:URRat+r11. AGOR$OATP, $ PAGE 3/03 >ulctlACCean r $ 1,000,000 Drsww •POr2cY $ 1,000,000 Dt4ASS.EACHESVIdYEL a 1,009L00 MWM .70E #702 -03C Oily of Road Rock is mead es ad&tietiel inured with rtspoct Ie ell ;Oda exsept Wotan' Compos.Haa sad Basiloyas' IlsbRNty aid Profceasasl i 1eWityy. Shos 4 raw of the chose deetbed poEvios be ca cd1ed sr ah>nged biro Iho c%pYMlaa dole ducat BA inaos; mmpemy M1t mad dirty 00 dare waivat wilco to az cordiale hdde mod Wow. CCRTIFIOATB110I.OER: City Munger City e[Ramd Bads 221 & MAI Strict ROM Rods Tpmr78664 • TUBE OF A(It4R>TIDRE}+R1iSRNTATNB f ,; .,' • V as . .. ' • s: °T'f TN 1Nao „�NDItE JUN AU TiaC _SEKT.Q}ELSICE, PR F. T nrwm EXHIBIT - Raviwd 10/2002 Sam Bass Road Improvements DATE: SUBJECT: ITEM: 4 May 2, 2003 Funding: Cost: Source of funds: Outside Resources: Impact/Benefit: Public Comment: N/A Sponsor: N/A City Council Meeting — May 8, 2003 Resource: Tom Word, Chief of P. W. Operations David Bartels, Transportation Project Manager $66,271.00 Capital Project Funds (2001 G. O. Bond) Martinez, Wright & Mendez, Inc. 15.D. 1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Martinez, Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH -35. History: Martinez, Wright & Mendez, Inc. was contracted to provide Phase 1 and Phase 2 engineering services under approved resolutions R- 97- 06- 26 -10G, R- 98- 01 -22- lOD and R- 01- 05- 24 -12C3. The proposal from Martinez, Wright & Mendez, Inc. will update the drainage design due to the adjacent Chisholm Trail reconstruction, re- evaluate pavement conditions, revise construction plans to reflect changes in utilities, provide bid documents, evaluate bids and document the construction. This project will reduce maintenance activities and costs for reconstructing the existing road. Furthermore, mobility will be increased by the construction of additional lanes and turn lanes. ROUND ROOK TDCAS PURPOSE MOCK PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Martinez, Wright & Mendez, Inc. FOR Redesign of Sam Bass Road from Meadows Drive to III-35 NOW, THEREFORE, WITNESSETH: Eng Sery Agreement MWM sambass.doc THIS AGREMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 3.t-da of the month of /3'JA y , 2003 , by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664 -5299, (hereinafter referred to as "City"), and Martinez, Wright & Mendez, Inc., whose principal place of business is located at Chevy Chase One, 7700 Chevy Chase Drive, Suite 100, Austin, TX 78752 , (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: £- 03 -05 O8 /50l 1 Rev.4/1 /03 CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 04 day of the month of October, 2004 unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer 2 shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Sixty -six thousand two hundred seventy -one dollars (566,271.00) as shown m Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 3 Rev. 411 /03 The certified statements shall show the total amount eamed to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her /its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." 4 Rev. 4/1/03 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: David Bartels Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -6617 Fax Number: (512) 218 -3242 Email Address: dbartels@round- rock.tx.us City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Roberto O. Martinez P.E. Chevy Chase One. 7700 Chevy Chase Drive. Suite 100 Austin. TX 78752 Telephone Number: (512) 453 -0767 Fax Number: (512) 453 -1734 Email Address: robertomnn mwminc.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: 5 Rev. 4/1/03 (1) Problems, delays, adverse conditions which may 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; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he/she /it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she /it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled `Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems 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 this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." 6 Rev. 4/1/03 Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he/she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /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 Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. 7 Rev. 4/1/03 ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by 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. 8 Rev. 4/1/03 (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) 13y satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, 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 City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 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 usable to City, the cost to 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 City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITII LAWS (1) Compliance. 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 Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 9 Rev. 4/1/03 ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his /her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such eILurs or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /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 Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. 10 Rev. 4/1 /03 ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in the limit or scope of coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non- renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which are the sole responsibility of and at the sole risk of Engineer. 3. The term "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and the individual members and employees thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever nature. 11 Rev. 4/1/03 (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS 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 Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. 12 Rev. 4/1/03 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Roberto O. Martinez, P.E. President Martinez, Wright & Mendez, Inc. Chevy Chase One 7700 Chevy Chase Drive, Suite 100 Austin, TX 78752 ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not 13 Rev. 4/1/03 responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he /she has executed this Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its belm1lf by Resolution No. £- 03-05-08- /.5D/ , approved by the City Council on the 8 - day of the month of /Y)R 200 3 and Engineer Martinez. Wright & Mendez. Inc.. signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full .erformance of the terms and provisions hereof. CITY OF ROUND ROCK, TE By: ATTEST: By: By: City Secretary ENGINEER: Signature of Principal Printed Name: Roberto 0. Martinez, P.E. ARTICLE 34 SIGNATORY WARRANTY 14 Rev. 4/1/03 LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 Rev. 4/1/03 FIELD SURVEYING 1. Provide all survey information to date. LETTING PROCESS 1. Award contract to successful bidder. Exhibit "A" SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: PRELIMINARY DESIGN STUDIES 1. Roadway design criteria. 2. Copies of as -built construction plans. 3. Coordinate and conduct preliminary design concept conference. ROADWAY DESIGN CONTROL 1. Design speed and specific criteria for project design. 2. Coordination necessary to secure typical section and preliminary design approval. DRAINAGE DESIGN 1. Provide available information on existing drainage facility. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Provide standard detail as necessary. MISCELLANOUS (ROADWAY) 1. Provide standard detail sheets, bidding documents, and specifications as necessary. S:1P ojaulBob \Exhibh A 31March03 doc Page 1 of I EXHIBIT "B" SERVICES TO BE PROVIDED BY THE ENGINEER The work effort and the management for the project included in this contract will be conducted in the Engineer's office in Austin, Texas. The Engineer will be readily accessible to the City of Round Rock staff and will meet with the City's project manager as necessary. At a minimum, monthly progress reports will be submitted, which will detail on -going work as well as work accomplished since the previous report. A memorandum documenting progress meetings will be prepared by the Engineer. The plans for these projects will be prepared in 24 "x36" format. When feasible, the City's standard drawings, and specifications of previously approved special provisions/specifications will be utilized. If a special provision or special specification must be developed under this contract, it shall be in the City's format, and, to the extent possible, incorporate references to the City's approved test procedures. All work is subject to the review and approval of the City of Round Rock. For those items which require preliminary approval, a special designation for preliminary submission is noted in the following list of services to be provided. Specific project items not adequately addressed on example sheets should be discussed with the City's Project Manager. To minimize revisions, the Engineer will request sample copies of any sheets/schematics /etc. for clarification. The Engineer will solicit and secure written permission for entry to accomplish any work beyond the existing right of way. The Engineer is fully responsible for a traffic control required from any data collection activities. The control must be consistent with the City's procedures. The Engineer may not close a lane of traffic without the written approval of the City's Project Manager. All survey work shall be done in accordance with Texas Board of Professional Surveyors "Manual of Practice for Land Surveying." The plans, specifications and estimates will be prepared as one set of construction documents and will include all design details for the project. (See Attachment `B" for Project Site.) The Engineer shall provide the following engineering services required for the preparation of the plans, specifications and estimate (PS &E). PRELIMINARY DESIGN STUDIES (N /A, 100 %Completed Under Previous Contract and submitted to CORR.) 1. Attend preliminary design concept conference. 2. Collect and review all available data. 3. Develop a design schematic on controlled planimetrics. (Schematic and typical sections require formal submission ad approval.) Page 1 of3 RIGHT -OF -WAY (ROW) 1. Identify utility adjustments to be made. 2. Review adjustment plans submitted by utility companies. FIELD SURVEYING (N /A Completed 100% under previous Contract) L Establish two (2) permanent bench marks for the project. 2. Provide ties to planimetric features. 3. Tie and profile existing drainage facilities and cross section natural drainage features as needed. 4. Provide ties to existing underground and overhead utilities, as needed. 5. Set horizontal and vertical control. 6. Provide natural ground cross - sections at 50 -feet intervals. ROADWAY DESIGN CONTROL (Complete & Update Plans prepared under Previous Contract 95% Completed - See Attachment "B" Site Plan Layout) 1. Refine the horizontal and vertical alignment of roadways. 2. Provide design cross- sections. 3. Compute earthwork quantities. 4. Prepare typical sections. 5. Develop plan/profile sheets. 6. Develop intersection/driveway details. 7. Miscellaneous roadway details DRAINAGE DESIGN (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Prepare drainage area maps showing existing conditions and proposed improvements. 2. Prepare hydraulic computations for culverts, channels, storm sewer and inlets. 3. Prepare hydraulic data sheets. 4. Develop storm sewer plan/profile and culvert cross section sheets. 5. Develop miscellaneous drainage details. 6. Summary of quantities for drainage items. 7. Develop SW3P plans per phase consistent with the TCP. 8. Prepare SW3P quantities and summaries. 9. Prepare WPAP and assist in coordination with (TCEQ). 10. Prepare design for a water quality pond at a location near Brushy Creek, but outside 100 -year flood limits. (See Attachment "B. ") SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Prepare signing and pavement markings layout. 2. Prepare summary of small signs. 3. Prepare summary of pavement markings. 4. Traffic signal plans. Page 2 of5 MISCELLANEOUS (ROADWAY) (Complete & Update Plans prepared under Previous Contract 95% Completed) 1. Develop Traffic Control Plan (TCP), Detours, and Sequence of Construction layouts. A detailed TCP shall be developed utilizing the MUTCD and the current TXDOT Barricade and Construction Standards. Each phase should identify the existing and proposed traffic control devices that will be used to handle traffic during, each sequence of construction, including regulatory signs, warning signs, construction warning signs, guide signs, route markers, construction pavement markings, channelizing devices, portable changeable message signs, flashing arrow boards, barricades, barriers, etc. 2. Prepare a narrative of the construction sequencing. 3. Prepare phasing quantities and summaries. 4. Identify existing items to be removed and prepare removal layouts and summaries. 5. Prepare exhibits for utility agreements. 6. Prepare miscellaneous details as required. 7. Prepare estimate, specifications and general notes. 8. Prepare special specifications as required for non - standard items. 9. Prepare cost estimate. 10. Prepare construction time estimate. LETTING PROCESS 1. Prepare twenty copies of construction plans and bid documents. 2. Provide copies of construction plans and bid documents to prospective bidders. 3. Accept completed bid documents. 4. Review submitted bid documents and recommend action relative to the award of contract to the City of Round Rock. SCHEDULE 1. The Engineer will submit 100% complete plans to the City of Round Rock within 90 days after receipt of Notice to Proceed. Interim review of the project will be accomplished at the 95% stages and by close coordination with the City's Project Manager. CONSTRUCTION ADMINISTRATION 1. Engineer will conduct periodic site visits and reviews as necessary. 2. Engineer will review shop submittals and field changes. 3. Engineer will review monthly pay submittals and fmal pay estimates. Engineer prepares record drawings at the completion of the project. ROW/EASEMENTS Services under this item will be limited to the proposed parcels shown on Attachment "A" and will be provided in accordance with the following: 1. Review and address information identified from updated title commitments provided by Client. Page 3 ors 2. Field search and locate additional property comers associated with re- establishing the south lime of Emmanuel Street adjacent to the Johnson property. 3. Perform calculations and analysis to re- establish the south line of Emmanuel Street adjacent to the Johnson property. 4. Provide closure and area calculations for proposed parcels (13 parts total). 5. Provide property descriptions for 1 permanent drainage easement, 1 temporary workspace easement and 1 water quality and drainage easement with the Johnson property. Each part of parcels having more than one part will be counted as one parcel. 6. Prepare parcel sketches for the easements outlined in Item No. 5 above. 7. Update R -O -W map of Sam Bass Road to reflect information identified in updated title commitments provided by the Client. 8. Prepare a plan of proposed R -O -W as per TXDOT format except for no cover sheet. 9. Coordination with Railroad and TXDOT. Field stake proposed R -O -W and easements as identified in the property descriptions. Excluded Engineering Surveying Services Services that are not provided under this agreement specifically include, but are not limited to more than one set of Contract documents for bidding and construction (partial): acquiring certificates or abstracts of title; and other services or expenses which may become necessary for the completion of this project, but which are not reasonable anticipatable at this time. Such services may be performed as Additional Services to the Agreement, if authorized by the City. A. InTEC, Inc. (N /A Completed 100% under previous contract) Subsurface Exploration and Pavement Analysis Martinez, Wright & Mendez, Inc. has provided to CORR. Completed report prepared by Integrated Testing and Engineering Company of Austin (INTEC) which included subsurface exploration and pavement analysis. The Scope of Service included the following: Explore the subsurface materials and ground water conditions at the site by drilling 9 test boring to depths of 1041., 7 -ft. in this project area. The subsurface exploration and engineering analysis included the following services: 1) Obtain Permit or licenses from City of Round Rock. 2) Provide traffic control during subsurface exploration phase. 3) Drilling and sampling of the subsurface materials: 8 test borings to depths of 10 ft.; 1 boring to a depth of 6 -ft. in the proposed sedimentation pond area 4) Evaluation of the in -place conditions of the subsurface soils through field penetration tests; 5) Observe the ground water conditions at the site; 6) Conduct laboratory tests such as Atterberg limits, unconfined compression, and moisture content tests; Page 4 of 7) Development of general recommendations for the pavement thickness construction (using City of Austin MFPS Program) and earthwork phases of the project; and 8) Consultations with Prime Professionals and members of the design team on findings and recommendations; and preparations of a written geotechnical engineering report for use by the members of the design team in their preparation of design, contract documents, and specifications. B. GEOLOGIC ASSESSMENT: (N /A 100% Completed under previous contract) Scope of Services: Conducted a Geologic Assessment for Regulated Activities/Development at the above referenced project site. The Geologic Assessment was performed by a certified professional geologist according the guidelines set by the Texas Natural Resource Conservation Commission (6- 1 -99). A geologic assessment report was prepared and submitted to City of Round Rock. C. WHM Traffic signal poles relocation at Sam Bass and Chisholm Trail intersection. Scope of Services: Revise the plans to relocate traffic signal poles, potentially relocate the controller, update electrical and phasing charts, provide recommendations for pavement markings, and update construction quantities. Page 5of5 April 4 -2003 Schedule Exhibit "C" Work Schedule Sam Bass /Chisholm Trail By others( Not Part of MWM Agreement ROW Acquisition Utility Relocations 1 Additional Survey (Done) ,,,, ,,,,,, ■■■,,,,,,,,,,,,,,,,,,,,■„ Gather Data/Borin•s /Geolo.ical Information (Done R.O.W. Sketches R.O.W.Staking Des n Phase 95% Submittal City of R. Rock Review 100% Submittal {Bid documents) Biddin• and Construction Advertise for Bids Pre -Bid Mt!. /Questions Bid Opening Review of Bids Award of Contract CO STRUCTION PHASE (8 Months) Month M- June J Au.ust Se•tember October » >> 24 -Oct -04 r ' °' ULJUi1IJ J© L•!■t JUUflLEJ[' 7L�f1■ L '�Lfi�UUUIItJE]L1i1EJ©L•li1fJ ©U ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■ EXHIBIT "D" FEE SCHEDULE 1. R -O -W Surveying & Takings and Topo (Attachment A) $14,177.00 2. Engineering Design, Bidding and construction Administration (a) Design $35,770.00 (b) Bidding $ 2,300.00 (c) Construction Administration $ 7.995.00 3. Sub Consultants: (a) InTEC, Inc. (Geotech) $ 0.00 (b) WHM, Inc. (Signal) $ 3.800.00 4. Expenses (Printing/Copy Etc.) $2,229.00 Total Contract Amount 866,271.00 S Pr jects\Bobtbzbibit A 31Ma c1A3,doc Page 1 of 1 ORIP 'LOTS 0 -10 CO NTH CNISNOLIS TRAIL INDUSTRIAL PARK CNISNOLDI TRAIL INDUSTRIAL PARK SOUttRIE • KILGORE SUISDIVISIO Ru uispr ou Os UNIT .a PLAZ t,p c j Ron» REMO 'OF r RE�uR ROUND ROCK SOUND CENTER R Oea CL'NrER WEST REvISt D rEdT (IRY.) RECUR Dye . ROUND ROC \ CENTER •` R. < -RUST REMISED, . ItE11 41707 O 'ca CE R cary.; LM TRAIL f AIM R7714 ofisidvfg Marna.. Wright . Mates, Inc- cm. nuu.nrrOm nuninruct 90 Round Rook Ave., Snite nv Round Rock, Tcxas 78681 512.255.8833 Tux $12.235.53P1 71.4 MARTINEZ WRIGHT& MIM MB N D E Z CI•II EUUIurrlm laoi lonlYlll Aro Y11oolorY TKn towers, 1106 C6y1m lax 0600 40074 Aural, Tom 78723 ).Q 512450781 ) 514531734 Olio Remo Bain. 108 E Onn 58 . SWe 205 lord Rock Term 78884 188 572255.1813 1o4 5122555301 04/07/2003 11:31 00000000000 CERTIFICATE OF LIABILITY INSURANCE PRODUCER USI Insurance Services of Texas 1946 S. 111-35, Suite 301 Austin, Texas 78704 INSURED Martz Wright & Mendez Chevy Chase One 7700 Chevy Chase Dr. Austin, Texas 78752 111 1111111111111111 PAGE 01/01 Date: 04 /07/03 COMPANIES AFFORDING COVERAGE A Lumbermen's Mutual Casualty Co. B C D MS IS TO CERTIFY THAT the Insured 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 EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS • LIABILITY COI RRMWMAoc SIGN Typed NAthte: ym Jlmmer on Title: fancialmaaan GENERAL AGGREGATE $ PRODUCTS- COMP /0P AGO. $ PERSONAL 8c ADV. INJURY $ EACH OCCURRENCE 3 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) 3 PROPERTY DAMAGE 3 EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS BACH ACCIDENT $ DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ PROFESSIONAL LIABILITY QL019$8401 03/30/03 03/30/04 Per Claim 01,000,000 Per Aggregate $1,000,000 DESCRIPTION OF OPERATIONS LOCATIONSNEHIC BS PECIAL ITEMS /EXCEPTIONS holm: MYtid Job F702-03C Professional liability only: The aggregate limp b the total iesntenen available for claims preseated within the policy period for all operations of insured. The last will be reduced by payment of indemnity and expense. The City of Round Rock Is named as addltlonal Insured with respect to all policies except Worker's Compensation and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 RE OOFAUH ZED REPRESENTATIVE p 51l EXHIBIT F CERTIFICATE OF LIABILITY INSURANCE PRODUCER Ed Woeren Insurance Agency, Inc. P 0 Box 14444 Austin, Tx 78761 1SSURFD C Martinez, Wright & Mendez, Inc. 7700 Chevy Chase Drive, Suite 100 0 ue tin TX 78 lee listed Rbovs'e� W the nf IS TO CERTIFY THAI the Loured named above is insured by the Compaq as business operations hereinafter described, for the types of insurance and is accordance it the o4 oft � standard policies used by the companies, and further hereinafter described. Exceptions policies below, — CO IYYC QFlNSU YULICY EtrFSCTIVi TXYIRATIO2ITS :1,.R NUMBER DATE RATE 1 ors.5 -enro ^N f 2,goo, 55pan(.TS- c0MPIO A00. s 2,000,000 Oxra? I IAMM Y ttI40WM anpV• WNRY a 1,000,000 8ACH040tw.Rho S 1,000,000 nRfautulB(Any� 4 1100,000 ra;OtihcPe*ad(MY ^ a,►.nmSY :10.000 --{ } i a»mcvEVas�t • 1,000,000 DOOtLY1 eta Kaden "S PACWARTY aA .$0$ • S Pending 4 - 03 4 - 4 - 09 1.000,000 MOW= e _...__ WOli�ttE�COIIITwA I 6idPViY ,v iroaYf s77 - EACH ACCporr _ MIMS•MOLVY USW F ptaaMC.L eaelmac a — ' ntitbllonu d; r A 'Pending 4 -4 -03 4 -4 -04 -- b'It�erssro.*rnLUnilaFr+r --'. fiLsta mot; orOsaliifii rao AfifaBWrntreisxrrrra _ 'She City of Roan! Rost IF nota« ss adt5i tro11>r� ed with resFe. to al pvlbr sxcepi WoClxr i Cor.+per at and Tw� lo Lightly ens l3att^J8ia111t Shand my of ttw shove deauiksd polivia be tertce><ad or ahandat TMfam the tapirMio date thzelf, the Laving convoy wtx,nse thirty (30) d..yi writtci neck* w the militate holier named telcw. CERTIFICATE}IOLDER! City . Ilea 221 E. Win 3t.cet AwnA Tani 7e$64 C.irises oC 14sliti.; t„MMVev 74 A Hartford insurance E Pending 4 - 4 - 03 4 - 04 Dm: ll:ki COI. ANIt$ AY1'OtsD[K0 COV64AOE t%W18lT- to Edward L eeren: 'lyP�Oma ,. OF AUTHOpla 5n1ac4 toUW_ PAGE 2/03 EXHIBIT F CERTIFICATE OF LIABILITY INSURANCE MOWER NIEMAN HANKS PURYEAR A DIVISION OF FROST INSURANCE 515 CONGRESS AVE AUSTIN, TX 78701 )NSURED MARTINEZ, WRIGHT & MENDEZ 7700 CHEVY CHASE DR #100 Austin, Tx MS IS TO CERTIFY THAT the Insuned'i arced above is insured by the Companies Ikted above with respect to the business operatiaps hereinafter described, for the types of insurance and in a000rdance with the ptavisions of the standard policies used by the companies, and Raffia hereinailer described, Exceptions to the policies are noted below. CO Tat or Rist ANCR POLICY UMECUV& EXPIR&TION LIMt3S - - - - IlIA NOMuR DAIS DAYS A QIiNtRA1. LIA1R11rY AVTOMOHOZ LIABILITY aNce$s 11AAR11Y FREITMORAL UAnndnf )ite: 4/A/03 COMPANIES AFFORDING COVERAGE PAGE 3/03 A AMERICAN HOME ASSURANCE COMPANY c D GENERALAGGREGATP. $ FXODUCrs.coMplOYA00. R F rssoti L * ADV. IMAIIT S SAM OCCURIVICS $ ERE )L MAOE(Asy as* line) 1 MED. EXtiNSE (hy as apses) S coemm=ihNiudl}nar 1 DOC LYDWRY(Per reeam) i BODILY' MAY (Pa .aidti.) a FROCr,TrbAMA E a Mon OCCURRRNCR AGORBOMP i a w Wr1R toMhoo.enoN esth rrAturoaxiliirre e anoti nereeorr 1 1,000,000 D- r°rxYLlrar s 1 , 0 00 , 000 MASS -SACK DaicYED a 1 ,00Q,11.00 17RBCRIMION OF OPERAY[OXSWOATAeslvRn[CLUSI FdIN. nEM'SOs7WFmONe MWM JOB #702 -03C ILO ► y oUtound Rod[ is imad1$ ....:.. iromol witimpact to AU NU* accept Workers' won and yer ' UaL and R o f e s s e e e I Uplink. should onri ertho ai' s &silted policies be emmened or theseed beIb Ol O apimilo n dem d sect; Mite tarivaa rompmya non dtht 3O) drysWINtat nonce to er mRGatcLarkrzu edbelor, CERTIFICATBB01.0ER: they Mei co City a[R+nmd Rock 221 E. Mein € oled Poona Roca, Taos 7$664 Ceri1are M'1 WA lamwa F.6 )'TORE FAIT t OMOUP)OMITMTIVe TypedNamc, AND) E JUNEAU — EXHIBIT - sol..d scam Mayor Nyle Maxwell Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. May 15, 2003 Mr. Roberto O. Martinez, P.E. Martinez, Wright and Mendez, Inc. Chevy Chase One 7700 Chevy Chase Suite 100 Austin, TX. 78752 Dear Mr. Martinez: The Round Rock City Council approved Resolution No. R- 03- 05 -08- 15D1 at their regularly scheduled meeting on May 08, 2003. This Resolution approves engineering services to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH -35. Enclosed is a copy of the resolution and original change order for your files. If you have any questions, please do not hesitate to contact Tom Clark at 341 -3146. Mayor Pro -tem Christine R. Martinez Tom Nielson City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept, zsi East Main Street • Round Rock, Texas 78664 Phone_ 512.218.5400 • Fax: 512.218.7097 • www. ci.round- rock.tx.us THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWNHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INAN LTR AUIPL INSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM /DDIYY) LIMITS INSURER B', REPRESENTATIVES. GENERAL LIABILITY AUTH ED REPRESENT INSURER D: -4. i•, ten• EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY UAMAUE IV HEN I PREMISES (Ea occurence) 5 CLAIMS MADE I I OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 7 POLICY f jEC fl LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per @cadent) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR 1 I CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X I TORY LIMITS 1 I UER A EMPLOYER LIABILITY 65WEGH2220 05/13/04 05/13/05 E.L.EACHACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000 Bye escribe under SPECIA d L PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Includes Blanket Waiver of Suborgation as required by written contract. MWMJOb #702 -03C ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID AZ DATE (MM /DD YYYY) MART I-F 05/04/04 Q /+ Nieman Hanks Puryear RcC'D MAY 0 6 ZUU Division of Frost Insurance Ag - 401 Congress Ave. Ste 1400 Austin TX 78701 Phone: 512 473 - 4520 Fax:512 473 - 4555 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Martinez, Wright & Mendez 7700 Chevy Chase Drive #100 Austin TX - 78752 INSURER A: Hartford Insurance Company 38288 INSURER B', REPRESENTATIVES. INSURER C: AUTH ED REPRESENT INSURER D: -4. i•, ten• INSURER E: ROUNDRO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Round Rock NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR David Bartell 221 East Main St REPRESENTATIVES. d R u Rock TX 78, 64 AUTH ED REPRESENT LL Lena I (YvJ -4. i•, ten• COVERAGES CERTIFICATE HOLDER ACORD 25 (2001)08) CANCELLATION © ACORD CORPORATION 1988