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R-97-06-26-10G - 6/26/1997WHEREAS, the City of Round Rock desires to retain engineering services for improvements to Sam Sass Road, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Martinez, Wright & Mendez, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Martinez, Wright & Mendez, Inc., for improvements to Sam Bass Road, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 26th day of June, 1997. ATTEST: E K.VIP OCS \RESOIvn \RS706]6G.RPO /Reg LAND, City Secretary RESOLUTION NO. R- 97- 06- 26 -10G CHARLES CULFEPPER, Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON Maavrngi6m/apmw WITNESSETH AGREEMENT Page 1 of 13 Contract No. THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "State," "City" and Martinez. Wright and Mendez. Inc., having its principal business address at 900 Round Rock Ave.. Ste. 310. Round Rock, TX 78681, hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: Preparation of plans. specifications, estimates, bidding. periodic construction visits, and adminstrative constructon management, documents for the redesign of Sam Bass Road from III 35 to the Union Pacific Railroad, and the Chisholm Trail connections to Sam Bass Road. NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY City The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on May 1, 199$ unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. Mwveng.697 /groctw ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $86,030.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. Page 2 of 13 The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H - 2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and /or omissions resulting from its negligence. The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. engconhc.wpd/.peclw ARTICLE 6 NOTICE TO PROCEED ARTICLE 7 PROGRESS At the request of the City or the Engineer, conferences shall be provided at the Engineer's Page 3 of 13 office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. engeonvc.wpNryectw Page 4 of 13 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. Page 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. myconhc.wpd/grccM No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK Page 6 of 13 All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. The Contract may be terminated before the stated termination date by any of the following conditions. mgcontic.wpd/spcotw ARTICLE 16 SUBMISSION OF REPORTS ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT ARTICLE 18 TERMINATION (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is Page 7of13 usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. engcontr .wpdhpcctw ARTICLE 19 COMPLIANCE WITH LAWS ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be reltaved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. Page 8of13 The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. engcontre.wpcVspectw ARTICLE 22 ENGINEER'S SEAL ARTICLE 23 NONCOLLUSION ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of fmal payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. Page 9of13 The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. .ngconca.wpd/.pxtw ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION ARTICLE 27 COPYRIGHTS ARTICLE 28 COMPUTER GRAPHICS FILES ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Page 10 of 13 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. cows •PaiVK,a, Page 11 of 13 All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: cngcontrc.wpd/speetw City of Round Rock Engineer Attn.: City Manager Attn.: Roberto 0. Martinez 221 E. Main St. 900 Round Rock Ave., Ste.310 Round Rock, TX 78664 Round Rock, TX 78681 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES Page 12of13 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. Martinez, Wright and Mendez, Inc THE ENGINEER By Signature engconuc.wpd/apcctw Roberto O. Martinez Printed Name Title June 26, 1997 Date Charles Culpepper, Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable AilQ 4 Attachment F - Supplemental Work Authorizations, if applicable N/A /J J • 2f Attachment G - Certificate of Insurance, if applicable Page 13 of 13 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 11" X 17" 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 an 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 a 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 two sets of construction documents. Phase I will include all details for the construction of an eastbound right turn lane on Sam Bass Road at Chisholm Trail. Phase II will include all other design details for the project. The Engineering shall provide the following engineering services required for the preparation of the plans, specifications and estimate (PS &E). PRELIMINARY DESIGN STUDIES 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 and approval) Martinz.eng/twspec&lk RIGHT -OF -WAY (ROW) 1. Identify utility adjustments to be made. 2. Review adjustment plans submitted by utility companies. FIELD SURVEYING 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 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 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 TNRCC. SIGNING, PAVEMENT MARKINGS AND SIGNALIZATION 1. Prepare signing and pavement markings layout. 2. Prepare summary of small signs. 3. Prepare summary of pavement markings. 4. Traffic signal plans. MISCELLANEOUS (ROADWAY) 1. Develop Traffic Control Plan (TCP), Detours, and Sequence of Construction layouts. A Martinz.eng/twspecs/lk 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 (Applies only to Phase II) 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. It is anticipated that the Notice to Proceed will be dated June 27, 1997. The Engineer will submit 100% complete plans to the City of Round Rock by July 15, 1997 for Phase I construction. Phase II construction plans will be submitted by October 15, 1997. Interim review of the project will be accomplished at the 50% and 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 submittasl and field changes. 3. Engineer will review monthly pay submittals and final pay estimates. 4. Engineer prepares as builts at the completion of the project. Martinz.eng/twapec&lk FILE No. 619 0627 ;97 11:31 ID:TX ASSOCIATES INS JUN THU 15:48 - .HWN•INC FAX NO, 5124531734 0e /20/07 16:10 6 ,016 6663 PUBLIC, WORKS • to tbla °celibate. The yowl 3aa2r2ar162222t work.ot6 Carlo has otahmd go mmimaminane= gasified i0 ameba 4661e,2 262 612.1226 r>ar a..d./•.da..®wa The City mmooeeltwt.c.. Md212261 r....db, comma 2,1. aid.Mmha 22726w 22a2 a%Rwr at= Crp•maeroenr.p.. t, 3.• aa. umy e.nld..e. d i.0e..mpchii.14 by Ah (Sy ym ....pa61... P. 0 . 0 U.... CenrerifintaMIUSLIVIIMAVVIIEVL s3LCriox L IDLNT' IC'ATIOx DATA 1.11nfnnheatetr,Name: MAKTINE' /,. WRIGHT & MRNDE7. 1.2 BhQLMa01a5 AMreas: 1106 CLAYTON LANE 4400 - 1.3: City: AUSTIN 11.42 Stut.7 TEXAS 11.5! Zip: 78723 1.6: Plume. ( ) SECTION IL TYPED OF INSURANCE: Types PoUoy No.1 Madre date: Elplratlai Dec Volta of i,kUlif not tea than: 2. Workers Coneeeasiiotu 2.1 2N00099■01 2.2 5 -1 -97 2.3 5-1-98 6l utary-Tomo &domed wLba Waiver of Silueydloa in iitvor of ash C14' of Roao6 Rock 3. Cmoreordal Omar.] Uslrflity: :argu 3.1 32, 3 3 5300,000 e6 alrjte �iBOBe &ell aeab eoouaea/a W14 la 01e+7tSame Eadcracdmrlds 04 city or Roma 80d as an Additiaul ramrod sad amoral with Waiver 0ffi6rgatlee le iMeroi The Ohy etD..mdAgsk 4. Trtt. Brener Automobile Polley A. 13otaly & l u y : 4.1 4 2 4 .3 8100,000 ea. puma 3100,000 ea. women* D. Property Damage 4.4 4.5 4.6 $30,000 ea.Oalaliaae Bularrdwim Me City of Bowel 6.0e6 a 22 Additional Immed and calomel Met Waver ef8obrogoGon m Sro of Me City ofi toi7adpeek. 6. PrabadaaI 2.tabUtly Policy: 9.1 52 3.9 Bod•<.0dwitb . Waiver utSubmpttka le Bum et Cry of 16.12t21d York 6. Umbrella DaNcy (D Applicable): 6,1 62 6.3 3 sEC - 110ri III - czwra 1CAyTOth This Carath.de of Wag. =Aber heilhadirdy or ompameoy =ma, rdrad/,a Maths oamaop aClad.aby des above hang., policies load hy th. 1011011114. meemay 0mmd b.laa. WOOIWae of 6a Wang 001iilrat11111 mho ode malt THUM( DAYS. /JIM she %alamlp.d eydesorhlub.r oorgedy Oa .am salon oelleaby aatlaW C,.6 dr.wead.c•ash. thy de a../ nos. 'trap mlV 030.77/Yso ct1 .t . Wwuuo µ25222 00111M LI me rewha.d.5..• and ash poliW. m-1. 0 md.Rw,t. 7.1. :Mom other uenoe C0 : 6.1r Nana AatliOtletdA6oat 'LENITR INSURANCE• TEXAS ASSOCIATES INSURANCE X2 CommuyA4arus: P 0 BOX 163510 7.3 Cip•; AUSTIN mar 97 CITY OD 14O1I1® BOCK CERTIFICATE OF INSURANCE 62 A2mt4 Marne 1114 LOST CREEK BLVD. 9400 7A: Ewb 1.5: ZIP 6.3 City TX I /8/16 AUSTIN 512 327 8337 .PAGE 2 aA Rao TX P. 02 ®005/005 NOTE; Copley of tho Td^^6m^6ents Bead below .m not impulsed at attacbmatte +6.5 78746 .a± losd.11.gt FROM : "ED WEEREN INS RSV? PHONE NO. : 512 454 3919 Jun. 27 1997 66:25AM P2 -AX N0, 5124531734 P.02 IU�1 28 -97 THU 1 15:18 5:5 MUM !NO P UBLIC WORKS r�joo2 /o02 1,15(26/97 d/87 1 $218 8508 icS of the aadoiscmenls listed CI'iYOFROUNDA(1CS N � CER'T'IFICATE OF INSURANCE below ate a or. t poked as attachments to Lilts conaf cite. The oo.ur.fof mt..nm.aa.work undbardaotou oMd= ca sp.efCra m Y.cdra 11. Wow. oda5niand tiler follawra&codonsozw.: Ma (It/ or Renaud 3.043 n an.05E1=51 ima.,1 for :ev.t. 217.4 & Land aWd.cataskoin6oe in Frew dfbo Cis: und.rcotmm.: 1.3,• a s Only c.sdG®n dl...+..ee v .blicF.d by>l!!•• M te..Qf.6 • °' . SkCTLON L IDENTIFICATION DA.TA: 11 Intoted.Contrscte'sNam= Martinez, Wright & Mendez; Inc. 1.2 •- • •••:Andress' 1106 Cla ton Lane Suite 400 W 1.3: City. Austin tA:Stata TX 1.5: Zip: 78723 1.6 :Phone: ( 512 ) 453 -0767 Sff.CLION 3I. TYPE OF INSURANCE: Effeefve d e T, Policy Not I. Workers' Compensation: 2.1 1 23 2.3 $jl y ToLaat 1 Badmen with a Waiver ofSubcog6on in favor of the City of Round Rock. 3. Commercial Camera UIbalty: ,000 combinedsin& 13odayinjury/ 3.1 GRLH247698 31 3 -9 -97 13 3 -9 -98 s33000t arthOtonerercee Property damage and is rite aggregate. gy4otseiv11hthe City otauawd Ro.3 es au Additional maned wad emlmed aitS Wairdt ofSubtogolics is farm oft h m City of Round Root 4. Texas Surinam ATaomobffe P3Ue3: A. Bodiy letpaay: 4.1 MRAKFi320A 42 1 43 3 -9 -98 S100,000 em.perien 3300,000 ea. occuireare B. 2rop B. Propertyllamage 4 A-- K6321 4.5 3_9 - 97 8.6 3 -9 -98 ss0000c . oautsa.ca Eadenodwith the City ofRnabd Bork as an AdAttood Tanned std maimed widtNurcof Snbaseatieu rarer of 610 (S1ty of RoandBcoir. 5. ?rnffasienalL eftPolkr 5.1 5.2 5.3 gsdorlag With a Waiver of 6nhmgtaiod In favor ado City ofEaae5Reet 6. UmbrtRaPolicy (if Applicabk): 6.1 _ 62 6.3 E piri lonDate: Lanai is/Liability net lets Ibex SBCrtbN to • CER'flFICAttON: Ilk CoraBcota othouNOOO nelbaaffimadvoty or a pervo:y amstd°. • stmdf. or6.;,s fin m.o.ayo .emd.db1118 a6rv. Imw.m. poBoisirsu.d6yma l o o r s o o e s co .y oa.d baler. C4nr11h>ly5 ells Insmrncepol"s1a Slamnormad. umaTFPRTV DAYSArtinto vadmio.d arm ot310.to.mp'5 ba. a.ef..vaann.d.nly..diGedeu6 m ta....rd.rmdm. City otloved Rork 11151610Marinw din Ctp otRrue46ark. toll= tv.....e potyta '. veto mn•Baer•gnheamnvdrdo<.d atwvo.:d...b oil.i.sau to fun f m.nd .ff..e 61: Name otAVAlotizeeAge= . um li :. t •.. r, rai Party Ff1 Weeren insurance 2 Compady . •!• S2AgmcaAOoms 9229 LBJ Freeway, Suite 200 P. 0. Box 14444 33 City: .4: 5tato .5; Zip 6.3 Cllr BR State 3 5 Zip Dallas TX 75243 -3405 Austin TX 78761 art I=odt..mm Ed Weeren Insurance Agency, nc. 1.2Stott/1 1a lireea: 1106 Clayton Lane, #400 : 1.3 :atr: Auste 1.6:Phana( ) SECTION II. TYPE OF INSURANCE: Types Policy No.: L Workers' Compensation: 2.1 2.2 2.3 Satutmy.Tems Eadosed 'Atha Waiver of Subrogation in farm of the C $atRo Rack 3. Cotmot.reial Cenral Iiaifily: Bodily y Wary/ 3.1 Pr:part damage 32 3.3 Slit combined single and In tate aggr Ealorsed odd: the City otRanul Rock es an Addidocal /named aid calanled nth 'Waiver araissaption In frca aS'tbeCity *rRmrodRock. 4. Tema Bmlae sAutomobileYotleg: A. Bodily laj : 4.1 42 4.3 3100,000 ca. person S Property Damage 4.4 $300,000 ea. ommmx 4.S 4.6 $50,000 ca omme ce Endorsed m it3 the City ofRonad Rock as to Aeditioad laaaed and enloraadvt(th Wdrer of Sabrogaiion fa favor edit Ciry otlauad Rork. S. Protmiosnl Liability Yo 3 L509189 s2 3 - - 3.3 3 - - Pa dmved walla tWaivesofSabtofmionIs Raw oftbe City of Ramat Book 6. IIm:brefa Policy (:Applicable): 6.1 6.2 6.3 S Qraoe6elan mspolioiestunBabematstaall =CMY D^YSAnZletiavedmtpoi s aiarnisrhercansyDe .� to the eer4adareedtbe aya'Rsued Rode • Lot States; Texas SECTION III - CER'1TFzCATIONs nb C.41Ecae otLfsea+oa acilhcr aaims{rear eteegeaveyamends,SMseboar 111. amine endedtryeedroes toauranespoe:eieg tamed byeq • Im mo. compaeye®ed aebte. 7tL378TO CERTLFYlo the C1Q *Moved Hoch OetIDe lasunuae po8dcv Design Professionals Insurance,Cc imAgeatawddraee 1946 S. IH -35, Suite 301 SO Mr istin [BA Shia 1 1 Texas l 7B704 aben =tell ebe ......ass *petal of Awe and well policies aro to44/ forgo d . r. 7.L Name alumna* Co' 11.1: Nano weotimadAgent . Commercial Insurance Concepts. Inc. 7.2 Company Address: Rn>L•DPIC' 73(54; ran a J 73 Monterey ! 1A 91,42 Mar-97 Pko t . . Lrn 1.5: Zip: 78723' Ecltetive date: Yxpi aioa 31atc Limett of nab3lt/ not lea than: MUM, INC. JUN -27 -1997 09:36 FROM TO 2185563 P.03 DPIC Companies Endorsement 37212 Security Insurance Company of Hartford WAIVER OF SUBROGATION Effective Policy No. issued to by the Company shown above is changed as follows: It is agreed that section IV. Conditions Affecting This Insurance, part C. Transfer of Rights of Recovery Against Others to Us, is deleted and replaced by the following: C. Transfer of Rights of Recovery Against Others to Us (Subrogation) Countersignature: You and the Company may have rights to recover all or part of any payment you or the Company make under this policy. If so, those rights are transferred to us. At our request. you will cooperate in transferring those rights to us and in helping us enforce them. Prior to a CLAIM, if you agreed in a written contract with your client to waive your rights of recovery or subrogation, we will not exercise rights of recovery or subrogation pursuant to that contract. Subsequent to a CLAIM, you must do nothing to impair those rights. Any monetary recoveries will be distributed to you and the Company on a pro rata basis determined by the amounts paid by you within the Deductible and paid by the Company under this policy. ALL OTHER TERMS & CONDITIONS OF THE POLICY REMAIN UNCHANGED. Authorized Agent Endorsement Form No. DP 37212 -0 (02/97) ®1997 DP1C Companies, Inc. DATE: June 23, 1997 SUBJECT: City Council Meeting, June 26, 1997 ITEM: 10G. Consider a resolution authorizing the Mayor to execute an engineering contract for right turn lane at Chisholm Trail and Sam Bass Road. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: In developing the list of projects for the $5 million in certificates of obligation recently sold by the City, two projects were identified on Sam Bass Rd. We requested a statement of interest from six engineering firms to perform the design work necessary for the proposed work on Sam Bass Rd. The six firms were: Baker - Aicklen & Assoc. Fisher Hagood Martinez, Wright & Mendez Randall Jones Rodriguez & Huggins S. D. Kaltman After a review and evaluation of the statements of interest from the various firms responding, Martinez, Wright & Mendez was selected as the best firm for this particular project. A contract is being negotiated and will be ready for signature Thursday night. Staff recommends approval of this resolution. Mayor Charles Culpepper Mayor Pro Fart Palmer Council Members Robert Sttuka Rod Morgan Rick Stewart Martha Own Jimmy Joseph M4 Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK June 3, 1997 Mr. Roberto 0. Martinez Martinez, Wright and Mendez, Inc. 900 Round Rock Avenue, Suite 310 Round Rock, Texas 78681 Dear Mr. Martinez: The Round Rock City Council approved Resolution No. R- 97- 06- 26-106 at their regularly scheduled meeting on June 26,1997. Enclosed is a copy of the resolution and original contract for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax: 512- 218 -7097 1. 800 - 7354989 TDD 1-800-735-2988 %ice 221 Fast Main Street Round Rock, Texas 78664 512- 218 -5400