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R-10-09-23-10B1 - 9/23/2010RESOLUTION NO. R -10-09-23-10B1 WHEREAS, the City of Round Rock desires to retain landscape architecture services for the City Hall Plaza Improvements Project, and WHEREAS, Hagood Engineering Associates has submitted a Contract for Landscape Architecture Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Hagood Engineering Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Landscape Architecture Services with Hagood Engineering Associates for the City Hall Plaza Improvements Project, a copy of said contract 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 amended. RESOLVED this 23rd day of September, 2010. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Secretary O:\wdox\SCClnts \0112 \ 1005\MUNICIPAL\00202826. DOC/rmc ROUND ROCK, TEXAS PURPOSE PASSION. PROSPERITY. EXHIBIT „A„ CITY OF ROUND ROCK CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM: HAGOOD ENGINEERING ASSOCIATES ("Consultant") ADDRESS: One Chisholm Trail, Suite 5200, Round Rock, TX 78681 PROJECT: City Hall Plaza Improvements THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES ("Contract") is made and entered into on this the day of , 2010 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 Consultant , and such Contract is for the purpose of contracting for professional landscape architecture 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 landscape architecture services; and WHEREAS, City and Consultant desire to contract for such professional landscape architecture services; and WHEREAS, City and Consultant 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: Landscape Architecture Services Contract Rev. 08/10 0199.7146; 201563 00201416 aa30cplaz 1 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 LANDSCAPE ARCHITECTURE SERVICES Consultant shall perform Landscape Architecture Services as identified in Exhibit B entitled "Scope of Landscape Architecture Services." Consultant shall perform the Landscape Architecture Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Landscape Architecture Services under this Contract 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 Consultant of all Landscape Architecture Services. Should the review times or Landscape Architecture Services take longer than shown on the Work Schedule, through no fault of Consultant, Consultant may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Consultant is expected to complete the Landscape Architecture Services described herein in accordance with the above described Work Schedule. If Consultant does not perform the Landscape Architecture Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Landscape Architecture Services are completed. Any Landscape Architecture Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Consultant shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Landscape Architecture Services will not be completed in accordance with the Work Schedule. 2 (2) Work Schedule. Consultant acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Landscape Architecture Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Landscape Architecture Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Consultant shall not proceed with Landscape Architecture Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Consultant agrees to accept the amount shown below as full compensation for the Landscape Architecture Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Sixty -Nine Thousand, Three Hundred Eighty -Four and No/100 Dollars ($69,384.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Landscape Architecture Services as authorized by City. Consultant shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Landscape Architecture Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Landscape Architecture Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Landscape Architecture Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Consultant shall be made while Landscape Architecture Services are in progress. Consultant 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 Landscape Architecture Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Consultant 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. 3 Progress payments shall be made in proportion to the percentage of completion of Landscape Architecture Services identified in Exhibit D. Progress payments shall be made by City based upon Landscape Architecture Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Landscape Architecture Services performed. Consultant has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 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 Consultant 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 Consultant will be made 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 services, whichever is later. Consultant 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 in the event: A. There is a bona fide dispute between City and Consultant 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 Consultant and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Landscape Architecture 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 Contract or other such contractual agreement. City shall document to Consultant 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 The Consultant shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Consultant related to any task for which a Notice to Proceed has not been issued. 4 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Park Development Manager Parks & Recreation Department 301 W. Bagdad Street, Suite 250 Round Rock, Texas 78664 Telephone Number (512) 341-3345 Fax Number (512) 218-5548 Email Address dbuzzell@round-rock.tx.us City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Landscape Architecture Services. Consultant's Designated Representative for purposes of this Contract is as follows: Brent A. Baker, RLA, ASLA, CLARB Senior Landscape Architect One Chisholm Trail, Suite 5200 Round Rock, TX 78681 Telephone Number (512) 691-2271 Fax Number (512) 447-5329 Email Address babaker@hntb.com ARTICLE 9 PROGRESS EVALUATION Consultant shall, from time to time during the progress of the Landscape Architecture Services, confer with City at City's election. Consultant 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 Landscape Architecture Services. At the request of City or Consultant, conferences shall be provided at Consultant's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Landscape Architecture Services. Should City determine that the progress in Landscape Architecture Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Consultant to determine corrective action required. Consultant shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Landscape Architecture Services, including but not limited to the following: 5 (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Landscape Architecture Services 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 Landscape Architecture Services, but not to terminate this Contract, then such suspension may be effected by City giving Consultant 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 Landscape Architecture Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Landscape Architecture Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Consultant shall have the option of terminating this Contract. If City suspends the Landscape Architecture Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Landscape Architecture Services performed or costs incurred prior to the date authorized by City for Consultant to begin Landscape Architecture Services, and/or during periods when Landscape Architecture Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL LANDSCAPE ARCHITECTURE SERVICES If Consultant forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract 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 Consultant and a written Supplemental Contract will be executed between the parties as provided in Article 13. Consultant shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly associated with the performance of the Landscape Architecture Services authorized in this Contract or any amendments thereto. 6 ARTICLE 12 CHANGES IN LANDSCAPE ARCHITECTURE SERVICES If City deems it necessary to request changes to previously satisfactorily completed Landscape Architecture Services or parts thereof which involve changes to the original Landscape Architecture Services or character of Landscape Architecture Services under this Contract, then Consultant shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Landscape Architecture Services and paid for as specified under Article 11. Consultant shall make revisions to Landscape Architecture Services 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 Landscape Architecture Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Landscape Architecture Services, or (2) the duration of the Landscape Architecture Services. Any such Supplemental Contract must be duly authorized by the City. Consultant shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Consultant shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Landscape Architecture. Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Consultant and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Consultant 's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Consultant , and, to the extent permitted by law, City shall indemnify, defend and hold harmless Consultant from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. 7 By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies may be retained by Consultant . Consultant shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Consultant or anyone connected with Consultant, including agents, employees, Consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by Consultant without cost to City. Upon execution of this Contract, Consultant grants to City permission to reproduce Consultant's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Consultant shall obtain similar permission from Consultant's subcontractors consistent with this Contract. If and upon the date Consultant is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Consultant. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant and its employees. Prior to Consultant providing to City any Instruments of Service in electronic form or City providing to Consultant any electronic data for incorporation into the Instruments of Service, City and Consultant shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Consultant for the convenience of City, and use of thein is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Consultant, the hardcopy shall prevail. Only printed copies of documents conveyed by Consultant shall be relied upon. Consultant shall have no liability for changes made to the drawings subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. 8 ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Consultant shall furnish and maintain, at its own expense, quarters for the performance of all Landscape Architecture Services, and adequate and sufficient personnel and equipment to perform the Landscape Architecture Services as required. All employees of Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Consultant who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Landscape Architecture Services shall immediately be removed from association with the project when so instructed by City. Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the Landscape Architecture Services required under this Contract, or will obtain such personnel from sources other than City. Consultant inay not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Consultant shall not assign, subcontract or transfer any portion of the Landscape Architecture Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Landscape Architecture Services being performed under the subcontract. No subcontract shall relieve Consultant of any responsibilities under this Contract. ARTICLE 17 EVALUATION 01? LANDSCAPE ARCHITECTURE SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Landscape Architecture Services 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 Consultant or a subcontractor, then Consultant 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 Consultant'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 Consultant shall be grounds for termination of this Contract, and any increased costs arising from Consultant's default, breach of contract, or violation of contract terms shall be paid by Consultant. 9 ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Consultant, as a consequence of failure by Consultant to perforin the Landscape Architecture 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 City, for reasons of its own and not subject to the mutual consent of Consultant, upon not less than thirty (30) days' written notice to Consultant. (5) By satisfactory completion of all Landscape Architecture Services and obligations described herein. Should 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 Consultant. In determining the value of the Landscape Architecture Services performed by Consultant prior to termination, City shall be the sole judge. Compensation for Landscape Architecture Services at termination will be based on a percentage of the Landscape Architecture Services completed at that time. Should City terminate this Contract 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 Consultant defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Consultant, then City shall give consideration to the actual costs incurred by Consultant in performing the Landscape Architecture Services to the date of default, the amount of Landscape Architecture Services required which was satisfactorily completed to date of default, the value of the Landscape Architecture Services which are usable to City, the cost to City of employing another firm to complete the Landscape Architecture Services required and the time required to do so, and other factors which affect the value to City of the Landscape Architecture Services 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 City and Consultant under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Consultant to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Landscape Architecture Services to completion. In such case, Consultant shall be liable to City for any additional and reasonable costs incurred by City. Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Consultant in support of the Landscape Architecture Services under this Contract. 10 ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Consultant 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, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Consultant shall furnish City with satisfactory proof of his/her/its compliance. Consultant shall further obtain all permits and licenses required in the perforrnance of the Landscape Architecture Services contracted for herein. (2) Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the Landscape Architecture 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. ARTICLE 22 INDEMNIFICATION Consultant 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 Contract, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable 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 negligent activities by Consultant, its agents, or employees. ARTICLE 23 CONSULTANT'S RESPONSIBILITIES Consultant shall be responsible for the accuracy of his/her/its Landscape Architecture Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Consultant's responsibilities for all questions arising from design errors and/or omissions. Consultant shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 CONSULTANT'S SEAL The responsible consultant shall sign, seal and date all appropriate submissions to City in accordance with the Chapter 1052, Landscape Architects of the Texas Occupations Code. 11 ARTICLE 25 NON -COLLUSION. FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Consultant warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Consultant, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or person 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, City reserves and shall have the right to annul this Contract 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. Consultant covenants and represents that Consultant, 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. ARTICLE 26 INSURANCE (1) Insurance. Consultant, at ConsuItant's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Consultant shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, 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). Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Contract, 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: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: 12 City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) 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. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E 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 Consultant for governrnental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Consultant may not assign, sublet or transfer any interest in this Contract, 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 Contract 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 Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract 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 Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. 13 ARTICLE 31 CONSULTANT'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Consultant, 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 Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: 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 Consultant: Brent A. Baker, RLA, ASLA, CLARB Senior Landscape Architect One Chisholm Trail, Suite 5200 Round Rock, TX 78681 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the Landscape Architecture Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Consultant shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Consultant's standard of performance as defined herein. Where damage is caused to City due to Consultant's negligent failure to perform City may accordingly withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. 14 (2) Force Majeure. Neither City nor Consultant shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not 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 Contract 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 Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all consulting and related services performed or furnished by Consultant and its employees under this Contract will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Consultant makes no warranties, express or implied, under this Contract or otherwise, in connection with the Landscape Architecture Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications and represents its judgment as an experienced and qualified professional consultant. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Consultant hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Consultant, signing by and through 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. 15 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary HAGOOD ENGINEERING ASSOCIATES By: Signature of Principal Printed Name: 16 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Landscape Architecture Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City of Round Rock (CORR), the Client shall provide the following to Hagood Engineering Associates (HEA), the Consultant: I. The Client will provide full information necessary for the HEA Team to adequately perform the duties of this agreement II. Client shall cause its employees and any third parties who are otherwise assisting, advising or representing the Client to cooperate on a timely basis with the HEA team in the provision of its services. III. The HEA team shall rely upon written information provided by the Client and its employees and agents as accurate and complete. IV. The I -IEA team shall rely upon any written directions provided by the Client and its employees and agents concerning provision of services. V. Legal description and to -scale boundary survey of the property. VI. Previous and related work completed prior to this agreement, on the said property and project. VII. Topographic survey including I' or 2' contours, tree survey, drainage and flood plain locations, overlay zones or districts, environmental and geotechnical data, utilities, easements, and other physical improvements and impacts of the property. VIII. Existing or pending municipal permits or approvals, and other pertinent information as required during the process. IX. If available, financial/economic information related to the development economics of the Project. X. Any other information necessary for the HEA team to perform adequately the duties of this Task Order. XL The Client will sponsor and facilitate the Design Workshop/ Chanette and Public meetings required to establish the concept design for the project. EXHIBIT B Landscape Architecture Services Overview & Understanding The HEA team understands the intent of the scope of work is to provide professional planning, landscape architecture and related site development services to assist in the design, preparation and implementation of the development plans for the City of Round Rock — City Hall Plaza Improvements in accordance to the proposed program scope items as directed the City of Round Rock (Client). Although Hagood Engineering Associates (Project Engineer/ Principal- Teny Hagood, PE) is the contracting entity for the project, HNTB Urban Design + Planning (Senior Landscape Architect- Brent A. Baker, ASLA) will act as the project manager/ lead designer for the HEA Team due to the nature and scope of the proposed work. Through this arrangement, the HEA team will provide guidance and input as requested by the Client, on the planning, design, landscape architecture, and engineering task scoped below. The proposed Thune and Programming Elements below address the potential design considerations for the New City Hall Plaza that is located adjacent to the City Hall & Business Center (refer to Attachment A — Limit of Work): I. Theme: Kid -Oriented w/ Flexibility for Adult Events - a. Across the Street from the Library and should compliment Library events. b. Place to come before and after dining in downtown. c. Place for activities to occur to attract people downtown d. Adjacency to Art Space — potential art and music events venue e. Adjacency to private event business — potential place for weddings, receptions, etc. II. Potential Plaza Program Elements - a. Interactive Water Spray Feature b. Overhead Shade Structure(s) c. Imaginative Play Elements (no formal playscape structure) d. Educational Elements & Components e. Event Space Flexibility f. Art/ Culture Events & Elements g. General Public Gathering Activities and Uses III. Design Considerations - a. Electrical & Night Lighting Potential b. Audio/ Visual Technology Potential c. Stormwater/ Bio -Retention Opportunities d. Compliment other Downtown Parks including but not limited to materials, finishes, and aesthetics IV. Design Budget Goal - a. The Design Budget Goal is $400,000 for construction & professional services. The detailed scope below provides a break dorr'u to address the particulars of the proposed scope: Section I — Project Management The HEA team will manage all the HEA team activities associated with the project. The HEA team shall secure resources necessary to produce the project deliverables and meet the project schedule. All communications associated with the project will be directly channeled through the HEA team Project Manager for distribution to the project team as appropriate. The HEA team's Project Manager will be responsible throughout the project for project management and all communications, including billing, with the Client's Project Manager. The HEA team also employs a reputable QA/QC process and requires that a portion of every project budget be dedicated to this explicit service to ensure that the Client/ Owner receives quality work and a quality product that meets and exceeds their expectation. Section II — Concept Design 1. Data Collection The HEA team tasks associated with Data Collection are as follows: a. Existing Conditions - Obtain necessary base files, land use data, the City's Downtown Plan, and previous studies of the work area. City of Round Rock will provide copies of this information to the HEA team. b. Based on the review of the information collected, the HEA team will perform a Strengths, Weaknesses, Opportunities, & Threats (SWOT) Analysis that will identify the current and potential future issues which affect the potential plaza design. 2. Physical and Visual Character Analysis a. The HEA team will review the physical context of the site with particular emphasis on physical elements, both natural and man-made. This information will be summarized and identified in graphical format on a scale map of the project. 3. Charrette Workshop/ Open House Stakeholder Meeting The HEA team will participate in a day long design charrette meeting. It is at this meeting that citizen groups will report on their preferences and considerations regarding elements of the project. Workshop participants will be asked to provide input regarding the potential design preferences. The HEA team tasks associated with Charrette/ Workshop are as follows: a. To participate and attend in a concept design charrette with workshop participants. The purpose of the design charrette is to provide active participation in the design process for the project and to establish and identify a preliminary design concept for the City Hall Plaza Project that meets the needs of the community. The Charrette/ Workshop will be followed by an Open House where participants can address any issues and concerns of the proposed design concepts. 4. Develop preferred design concept - 60% Final Design The HEA team will develop the preferred design concept. The team will utilize the community input from the Charrette/ Workshop and information gathered in other sections of the scope to ensure the design concept meets the community's expectations and meets engineering standards and requirements. The HEA team tasks associated with preferred design concept are as follows: a. Develop preferred design concept plans and sections graphics of project that are color -rendered to illustrate the preferred concept design intent. b. Prepare preliminary opinion of probable construction cost for the project. 5. Preferred Concept Presentation Meeting a. Meet with City Staff/ CounciU Stakeholders to present the preferred concept for the City Hall Plaza project. This meeting will provide opportunity for comment and input by the City Council. The HEA team will establish and confirm changes recommended at the meeting and will establish tentative Owner approval of the Preferred Concept. Section III — Final Design: Plans, Specifications, & Estimates (PS&E) The HEA team will prepare plans, specifications and estimates to implement the preferred design concept described in the Section II of the scope above. All deliverables to be prepared under this scope of services are intended for implementation and construction by a qualified contractor. 1. The HEA team sheets associated with the Final Design PS&E package may include, but shall not be limited to: a. Cover Page & Overall Limits of Construction Plan b. Existing Conditions/ Demolition Plan c. Hardscape Layout, ESC, Grading, and Drainage Plans d. MEP Plans, Details, & Schedules e. Landscape Planting Plan, Planting Details, & Project Specific Notes f. Irrigation Zone Plan, Details, & Project Performance Notes g. Project Specification Manual The following tasks associated with the development of the Final Design PS&E package and incorporation into the Final Bid Set Package will be performed: a. Meet with City for one (1) kick-off meeting and three (3) coordination/status meetings. b. Update final cost opinion to include all scope items @ 90% & 100% Submittals. c. Final Design PS&E (90% Submittal) that shall include the following: • Three (3) paper copies of the Final PS&E 90% Submittal. • A written response to City 60% review comments. All comments from previous submittals shall be incorporated into the drawings and construction specifications, or an explanation shall be given, in writing, for why they are omitted. n MEP drawings via subconsultant depicting potential fountain feature, proposed plaza lighting unique to proposed design, and coordination with existing electrical distribution from City Hall sidewalk project. d. Prepare and submit 90% design plans for TCEQ, TDLR, and CORR Building Department review and comment. n Note - TCEQ submittal shall entail conversations and coordination with TCEQ and a submittal of an Exception Request for this project so as to protect the Edwards Aquifer Recharge Zone. If TCEQ's ruling does NOT concur with an exception request and it is determined that a full TCEQ WPAP will be required, this will constitute Additional Services for this particular task. These Additional Services are described under Exclusions and are shown in AS.1 on the Fee Schedule. The consultant shall not perform these Additional Services until the City issues a written Notice to Proceed (NTP) specifically for this task. Upon return of comments from reviewing agencies, Consultant shall address design concerns in final bid set submittal package. e. Final Bid Submittal Package • Subm it 100% signed and sealed design original documents (Bid -ready Drawings and Specifications), Project Manual (Specifications/Bid Form), and Opinion of Probable Construction Cost estimate along with the reviewed 90% submittal/ permit drawings, specifications, and Opinion of Probable Construction Cost (if necessary). n Furnish the CITY with three (3) paper copies and one (1) Adobe Acrobat PDF Copy of the Final Design PS&E 100% Bid Submittal Package. Section IV — Bidding/ Negotiation It is understood that this project will be publicly bid and the HEA team will assist with the bidding services required to direct the project though the bidding phase of the project by. The following tasks are associated with the Bid/ Negotiation Phase: a. Assist in the preparation of the bid documents b. Attend one (1) Pre-bid Meeting c. Provide responses to bidders' questions for Consultant -related scope for inclusion in Pre-bid Meeting minutes. d. Prepare supporting documentation for maximum of two (2) addenda for issuance to bidders. e. Review Bid results and evaluate the Bids for Consultant -related scope. f. Investigate the qualifications of the proposed contractors and any proposed subcontractors for Consultant related scope g. Make a recommendation on potential contractor for Consultant -related scope. Section V — Construction Services The HEA team shall provide assistance to the Client/ Owner and provide clarifications for the Contractor during the construction process. The potential scope of work by the HEA team covered in this phase is described below. The HEA team shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work, and The HEA Team shall not be responsible for the contractor's errors, omissions or failure to carry out the work in accordance with the contract documents. The primaiy goal of this phase is to secure compliance by the contractor to the plans, .specifications and design intent. The following tasks are associated with the Construction Services Phase: a. The HEA team will prepare for and attend bi-weekly management team meetings/ site visits with Client and/or Contractor for the purpose of reporting on or gathering input to become familiar with the progress and quality of the work completed and to determine, in general, if the work is being performed in a manner indicating that the work, when complete, will be in accordance with the Contract Documents. • Meetings are defined as a physical meeting at a physical location, telephone conference calls, web conference meetings, or any other medium where more than two persons review and discuss the project together. • A maximum of eight (8) Construction Services visits are included in Basic Services. Additional Construction Observation site visits and meetings, as necessary or requested by Client/ Contractor, to insure that the design intent of the plans are implemented to the Client's requirements will constitute additional services. b. The HEA team may recommend to the Client the rejection of any work, within the collective Consultant's scope, failing to conform to the contract documents. c. Review, coordinate, and respond to requests for information (RFI) from the contractor/ client/ owner's representative: • RFPs are normal and customary during the construction process to insure that the design intent of the plans are implemented to the Client's requirements and a minimum of 8 to 10 can be expected during a project of this scope. If the RFI count becomes more than that is usual or customary, this could constitute additional services. d. Review, coordinate, and respond to Change Orders and Change Directives generated via Client and/ or Contractor. e. Attend three (3) additional required meetings with regulatory agencies (Le. City of Round Rock), including pre -construction and post -construction conferences scheduled with regulatory inspectors or any other regulatory reviewer assigned to this project. f. Conduct and document inspections of the work in order to determine the date of substantial completion, and verify the satisfactory completion of the project in accordance with the contract documents. g. Conduct/ coordinate final TDLR inspection and TCEQ closeout procedures. h. Assist Client in completing the closeout documentation necessary to conclude the construction phase of the project, including at a minimum one (1) final site observation trip at Substantial Completion, and one (1) site observation trip for final sign -off on Punch List upon completion. i. Upon final acceptance, the HEA team shall prepare the required landscape architect's and engineer's letter of concurrence to the Client. Exclusions The following tasks are not covered in this scope of work and may or may not be necessary. If deemed necessary, these tasks shall constitute "ADDITIONAL SERVICES" and shall be conducted under a separate or supplemental Task Order. a. Graphics larger than 1 1" x 17" not specified in this Task Order b. Any preparation & management of materials not specified in this Task Order c. Stakeholder/Community/neighborhood meetings and/or presentations and preparations of graphics, drawings, digital presentations, etc., not specified in this Task Order d. Detailed inventory or recordation of existing structures, site surveys, and tree surveys. e. Geotechnical, Archeological Investigations, & field visits not specified in this Task Order. f. City meetings/presentations and associated presentation materials not specified in this Task Order Development of As -Built Drawings TQEC — coordination and submittal of WPAP with Geological Assessment for Edwards Aquifer Recharge protection. g. h. EXHIBIT C WORK SCHEDULE The HEA team shall complete the Task Order within 270 calendar days, commencing upon the issuance of Notice to Proceed via signed agreement, and receipt of documents to be provided by the Client as specified in EXHIBIT A. Anticipated Schedule/ Milestones L Notice to Proceed September 23, 2010 1I. Concept Design Sept - Oct 2010 30 to 45 days III. Final Design Oct — Dec 2010 45 to 60 days IV. Bidding/ Negotiation Jan - Feb 2011 30 to 45 days V. Construction Services March - May 2011 90 to 120 days VI. Project Complete June 1, 2011 The HEA team will consider opportunities to accelerate the schedule where feasible. EXHIBIT D FEE SCHEDULE A detailed breakdown of the HEA team Team's professional services can be seen in the FEE SCHEDULE portion of EXHIBIT D. Below is a summary of the fees associated by discipline and finn performing services for the City Hall Plaza Project: HNTB - Planning & Landscape Architecture $ 45,834.00 • HEA — Civil & Structural Engineering. ...$ 14,320.00 ■ HCE— Mechanical & Electrical Engineering ...$ 4,800.00 Note: The labor is quoted as lump sum, but is based on hourly rates/ man hours to perform the requested Scope of Work. Also, fees quoted assume no change in scope of the project or basic services. The fee is not based on a percentage of construction cost, but on a comparison of budgets similar to like projects and should the scope vary from above, the IIEA team reserves the right to re -negotiate fee for basic services, No additional services or schedule modifications shall be performed without Client's written consent. Expense Reimbursement The following expenses are NOT included in the HEA team labor rates for Basic Services: computer plots; reproductions; prints; postage; automobile transportation (at the IRS reimbursement rate in place at time of travel, currently $.505/mile); long distance communication and courier services. Reimbursable Expenses shall not exceed without Client Authorization . $ 4,430.00 Total Fee for Basic Services The Project Fee will be distributed in the following phases and billed on a percent cotnplete basis: • Section I — Project Management • Section 2 - Concept Design • Section 3 - Final Design • Section 4 - Bidding/ Negotiation n Section 5 - Construction Services n Reimbursable Expenses 15% 20% 40% 6% 13% 6% $ 10,524.00 $ 13,840.00 $ 27,550.00 $ 4,000.00 $ 9,040.00 $ 4,430.00 Maximum Possible Fee including sub -consultant's & expenses ..$ 69,384.00 Note: The IIEA team may alter the compensation distribution between individual phases, Tasks or work assignments to be consistent with the Services actually rendered, within the contract maximum. Additional Services Services requested of the HEA team that are not included in Basic Services are considered Additional Services and shall be paid for by the Client. Additional Services shall only be provided if authorized by the Client by the issuance of a written Notice to Proceed (NTP) specifically for these services. All other terms in the prime agreement will remain in effect. J• 66)3641 33654 53.700 6,411 i /911 1.3.363 • :.,.3.204 044 1.436 0 .::2,071 f 1 :.::1,114 0 -=1,766 1 4,243 f -:1.224 f:-:4992 $ 33.41 1 :r:: 26 SO 315 3 ':..-.:616 EXHO1T D: PEE SCHEDULE City of Rand Rock -City Han Plaza Improvements Protect lad HNTB CIc3. 53,1e6.2/1 Tiik 114214607& :''::` Preepri 6 .ar P4"Jecl Oror7+4r Const NalawlT O6.an.a64 h 5xr.LAr Pro.ecl Nanu9N ip 12701.9+46+. to -N mann., U-11 Wm,/ 142684 12,170491'-: 6:445.. 171.7,84, Pre/Rel ASNn- 4a444 18811034 MOJEOT RANA01N611T 01. Ad: 1df(1 , 106 1 cf 1 • a) 4.974--laMCc1 474&nVxro2.111-011. 61 Maki 08.962760.'4Wts 0,3411 34 Cat Van (4 8011.0) c C R.M.657)n7Mae4xa474 ceeeryll �1 10 n!eo w nlla'np�.awya,e. wLM 6wrWafea�utbn �., :.. a) 17,,Z.M `u p'4p04C0 aa3.'1170n.1.7 11,12740 rn4atbd, h ofd7..rab'.. .7. a) Af•.s T%er adace+Mrn el F7,., ern'd4 and p7na-awg:074 4) Mara,. na.6777+07...9..9 74901 670 1,106 1.410 1,7}0 810 010 1 2 14 i 1.600 • 4 • 14 14 t0 4 4 • f 630 6 6 t0 Sec6a4 Total 16124 14 • a 2 46 • 11 66037462 1.1 2.2 8060667 66121 104010027e60n •. :. a) Ca0.4.45ee. 0/...1.3.21r1e 86 C47 ces.4a.1 Ease day P61 1$3.41.7.16 V1401Cl.vacw12n.ry.la a dM Ara•fals 1) E.hx-1a ped sen dor 4341741a awlakap CAa166+6E.M1 tiwpfo0MHA91114 a3.1la821,706,' , a) ParIn32CTa40al C4.lh3en R•4 08822Cal•Wc sOlin NY.74 43 Ryi San Oecvnrrtion6Reup p{Cr e7a WalaMeP 71. 7)0 I.afd 15 • a 1.020 7;210 20 k _ 1 4 2047 IO • 610 2. 41 Prepare 77.)6.*61 RcIneare7 afPencaet 4) Pato, ee,46reNWt491P.Psw4dalra... .4 11 P3r24n 38660..21212,T1r17 209l13e6474,391ttne.446k:n7b 2 d{ fla24• 1.814065 OpN<nd 6701004 wa3 bdn.9842 P4N eda).nuq he46Ma66n11.eHp f 1260 4 1270 95 17 k l 4 S 2270 1 1.930 24 24 20 +I $,448147 247757,0111997.45on401.a6O09er.(1977Cy 79205047'41 3 630 • n 16 12 12Q, 2 5.66enT.ta1 l... 11,16 120 :c • • 0 1 4• 44 6 SEC T10113 RINAL0651017- Hans , Sp.76,16atin.7 4 (PSlIy Perael.ins 31 [:; PSSEaMd.niin41.0%61$616deNv aaer.e) a) Ca...Piii3.066...271LLSfa al 8 .o oo.n P7., 4) &.6ro CrC1.4,.20.,er Plan 4) H+r14eapa14 lE6G, OrKq634113.3494 Pula 4 1I41.8.64 b 57.240.7.91 boa 51ro91. .1 MEP flan, 10046.15.01444. 67,494 171 321 0 16n.wpa 1431.) F58 P •t,ro D4073& 104 0" Na A'_Ra 0t 310c50n x'049 Pn, 0.414, 4 748411Prlanrnnu 0121.4 635 6.180 3,210 ttbb 2.130 64 2 2 24 32 21 2 2 6 2 70 12 2 2 12 12 10 Palioct 303-144'fa•IN�wal Reid/I07 Plan 44ads64n(d4Pad. 11e61 1120 3.480 22 6 2 4 13 4) 09$963.1146019 SateaRa16.114/64m14n6Ma7h TOECV TOM 096130 6 1) R.A,.61144.40PCC.)At% 4100%PS3E7321731 t 6.110 8.100 28 4 12 6 i 2660 25 4 a Seaton fetal 23,21 10 44 1 4 23 64 H ti 560110744 400110131E00 PATON 4305n5)hej.d104 Se/..6 .f CaW,0d C.Mt/al. -. a) 196411Ce6an+.. 4' 930 !) 96,8040.4486604.1.4,. d 7w3.ndunn Pm, 27 rat) ).3332 72 2 4) 11 T.64.1Y.014 69M247, MSem-endaicn 1,131 10 2 610 Sw8.,, Total 4 0 • 70 0 • SECTION{ C0N53ROCT30N SERVICE'S 6) Cen6b44ec, $0,161s 4 1/aa1ro4 (10 ANa6ps C991 8) RP)mudna0en cl Pb21-13;4 1Co1 d) Fr4104arvaann C.a :rnta Woo 1 .:.......3.143 7 S 3,070 2d 2 10 10 2.430 27 4 4 12 6) Caca47,00etunv404.. 1 1,070 3 730 )6 4 2 6 1290 12 3 6440600 Tete) • • 20 20 34 0 4 T.rn Total Labal Haws 643 21 0'..... 8266 1 $ .`36.72 1 i 2677 21 1 2056 612 3 ..'4060 1St 73224 701 3 --2791 • if 10.165 <4,156 1 --1,650 T.I411.1090On4...da P;o * •'.::::2.420 4 6143 • 1253 1 -1430 1 '::19174 11.571 1:.U•2• 3 15366 i .::,.6,122 • ....:6,116 0 •• .8 414 f"9,11 0 .:)w 6 ..:.`1,314 Rdeavu61. E909,19•3 3 4,410 Recharka310.61c0 E.434 -148,4,19 Cemu'dny 49:00e944 10013Pcia1 Enirw:4p-kat h C,MM 103.2.7490.31 MOON •2141 0.77.60 4,100 2101061 900)$)0NAL SU*10063-T9$3 8677+ 60701 bated In lank ..2720 RSA 1604 1T041 labor & E. EXHIBIT E Certificates of Insurance Attached Behind This Page HC,ttJKU L.,-- CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDDIYYYY) 09/01/2010 PRODUCER Phone: (360) 5993700 Fax: (360) 598.3703 MICHAEL J. HALL & COMPANY HALL & COMPANY 19660 10TH AVENUE N.E. POULSBO WA 98370 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OR INSURERS AFFORDING COVERAGE NAIC # INSURED Hagood Engineering Associates, Inc. 1 Chisholm Tri Ste 5200 Round Rock, TX 78681-5090 nnvcoAr_cO INSURER A: Lloyd's Of London LIMITS INSURER B: 12 INSURER C: LIABILITY COMMERCIAL GENERAL LIABILITY INSURER D: INSURER E: EACH OCCURRENCE THE ANY MAY POLICIES POLICIES REQUIREMENT, PERTAIN, OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. {NSR LTR ADD. INSR[ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 1M,D YY) DAAM POLICYEXPIRATION DATA IMMIDDfrY1 LIMITS Certificaa t # 12 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 DAMAGE TO RENTED E $ CLAIMS MADE ❑ OCCUR MED. EXP (Any one person) 5 PERSONAL &ADV INJURY 5 GENERAL AGGREGATE $ G£NL AGGREGATE LIMIT APPLIES �PER: RO- POUCY n PELT I I LOC PRODUCTS - COMPIOP AGG $ —1 AUTOMOBILE LIABILITY ANY AUTOS(Ea ALL OWNEDAUTOS SCHEDULEDAUTOS(Per HIRED AUTOS NON-OOWNED AUTOS COMBINEOSINGLE LIMIT cid accident) BODILY INJURY person) $ BODILY INJURY (Per accident) $ _, P rrs ant)TY DAMAGE P(Per $ GARAGE LIABILITY ANY AUTO AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG 5 EXCESS 1 UMBRELLA LIABILITY OCCUR ED CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 5 —I AGGREGATE $ $ 5 $ WORKERS EMPLOYERS' ANY PROPRIETORMARTNERIEXECUTIVE OFFICER/MEMBER (Masdatd yinNIOibe SPECIAL PROVISIONS COMPENSATION AND LIABILITY YIN , ITORYUINTa1 I°T EXCLUDED? E.L. EACH ACCIDENT $ below EL. DISEASE -EA EMPLOYEE S E.L. DISEASE -POLICY U MIT $ A OTHER Professional Liability Claims Made Form HPP17001010 01/16/10 01/16/11 $ 1,000,000 Per Claim $ 2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE 1401 nER - --- ---- vMI\k+T L.LA 11Vri City of Round Rock 221 E Main Street Round Rock, TX 78664-5271 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY }OND UPON THE INSURER, !vs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �shle�Hurd ACORD 26 (20091011 Certificaa t # 12 1526 ®1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY Agenda Item No. 10B1. Ci Council A • enda Summar Sheet Agenda Caption: Consider a resolution authorizing the Mayor to execute a Contract for Landscape Architecture Services with Hagood Engineering Associates for the City Hall Plaza Improvements Project. Meeting Date: September 23, 2010 Department: Parks and Recreation Staff Person making presentation: Rick Atkins Parks and Recreation Item Summary: This item will allow the City to work with Hagood Engineering Associates & HNTB to design the City Hall Plaza Improvements Project. The agreement will include professional services for a design charrette/public input process, design development, construction documents, regulatory approval, and construction observation. Staff recognizes that the contract amount is a little higher (16% vs. 12-15%) than normal but with the specific design elements of this project (including a fountain design), the storm water design challenges, and the charrette/public input process, the consultant is asking a fair price for their services. Strategic Plan Relevance: The City Hall Plaza Improvements Project directly relates to all of the priority and endorsed goals of the Recreation, Arts and Culture Initiatives (Goals 33-37) in the Places and Spaces section of the Strategic Plan. Cost: $ 69,384.00 Source of Funds: GO Bonds Date of Public Hearing (if required): N/A Staff recommends approval of the agreement with Hagood Engineering Recommended Action: Associates for the City Hall Plaza Improvements Project. EXECUTED DOCUMENT FOLLOWS 'ROUND ROCK, TEXAS PURPOSE PASSIM PROSPERITY CITY OF ROUND ROCK CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM: HAGOOD ENGINEERING ASSOCIATES ("Consultant") ADDRESS: One Chisholm Trail, Suite 5200, Round Rock, TX 78681 PROJECT: City Hall Plaza Improvements THE STATE OF TEXAS § COUNTY OF WILLIAMSON THIS CONTRACT FOI1 LANDSCAPE ARCHITECTURE SERVICES ("Contract") is made and entered into on this the �Aday of , 2010 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 Consultant , and such Contract is for the purpose of contracting for professional landscape architecture 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 landscape architecture services; and WHEREAS, City and Consultant desire to contract for such professional landscape architecture services; and WHEREAS, City and Consultant 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: Landscape Architecture Services Contract Rev. 08/10 0199.7146; 201563 00201416 aa30cplaz 3-1b-1 1-23-(081 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 LANDSCAPE ARCHITECTURE SERVICES Consultant shall perform Landscape Architecture Services as identified in Exhibit B entitled "Scope of Landscape Architecture Services." Consultant shall perform the Landscape Architecture Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Landscape Architecture Services under this Contract 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 Consultant of all Landscape Architecture Services. Should the review tines or Landscape Architecture Services take longer than shown on the Work Schedule, through no fault of Consultant, Consultant may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Consultant is expected to complete the Landscape Architecture Services described herein in accordance with the above described Work Schedule, If Consultant does not perform the Landscape Architecture Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Landscape Architecture Services are completed. Any Landscape Architecture Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Consultant shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Landscape Architecture Services will not be completed in accordance with the Work Schedule. 2 (2) Work Schedule. Consultant acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Landscape Architecture Services required herein so that construction of the project will be commenced and completed as scheduled. Iti this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Landscape Architecture Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Consultant shall not proceed with Landscape Architecture Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Consultant agrees to accept the amount shown below as fiill compensation for the Landscape Architecture Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of Sixty -Nine Thousand, Three Hundred Eighty -Four and No/100 Dollars ($69,384.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Landscape Architecture Services as authorized by City. Consultant shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Landscape Architecture Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Landscape Architecture Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Landscape Architecture Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Consultant shall be made while Landscape Architecture Services are in progress. Consultant 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 Landscape Architecture Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Consultant 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. 3 Progress payments shall be made in proportion to the percentage of completion of Landscape Architecture Services identified in Exhibit D. Progress payments shall be made by City based upon Landscape Architecture Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Landscape Architecture Services performed. Consultant has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 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 Consultant 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 Consultant will be made 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 services, whichever is later. Consultant 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 in the event: A. There is a bona fide dispute between City and Consultant 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 Consultant and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Landscape Architecture 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 Contract or other such contractual agreement. City shall document to Consultant 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 The Consultant shall not proceed with any task listed on Exhibit 13 until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work perforated or costs incurred by Consultant related to any task for which a Notice to Proceed has not been issued. 4 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Park Development Manager Parks & Recreation Department 301 W. Bagdad Street, Suite 250 Round Rock, Texas 78664 Telephone Number (512) 341-3345 Fax Number (512) 218-5548 Email Address dbuzzell@round-rock.tx.us City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Landscape Architecture Services. Consultant's Designated Representative for purposes of this Contract is as follows: Brent A. Baker, RLA, ASLA, CLARB Senior Landscape Architect One Chisholm Trail, Suite 5200 Round Rock, TX 78681 Telephone Number (512) 691-2271 Fax Number (512) 447-5329 Email Address babaker@hntb.com ARTICLE 9 PROGRESS EVALUATION Consultant shall, from time to time during the progress of the Landscape Architecture Services, confer with City at City's election. Consultant shall prepare and present such information as inay be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Landscape Architecture Services. At the request of City or Consultant, conferences shall be provided at Consultant's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Landscape Architecture Services. Should City determine that the progress in Landscape Architecture Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Consultant to determine corrective action required. Consultant shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Landscape Architecture Services, including but not limited to the following: 5 (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Landscape Architecture Services 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 Landscape Architecture Services, but not to terminate this Contract, then such suspension may be effected by City giving Consultant 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 Landscape Architecture Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Landscape Architecture Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Consultant shall have the option of terminating this Contract. If City suspends the Landscape Architecture Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Landscape Architecture Services performed or costs incurred prior to the date authorized by City for Consultant to begin Landscape Architecture Services, and/or during periods when Landscape Architecture Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL LANDSCAPE ARCHITECTURE SERVICES If Consultant forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract 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 Consultant and a written Supplemental Contract will be executed between the parties as provided in Article 13. Consultant shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly associated with the performance of the Landscape Architecture Services authorized in this Contract or any amendments thereto. 6 ARTICLE 12 CHANGES IN LANDSCAPE ARCHITECTURE SERVICES If City deems it necessary to request changes to previously satisfactorily completed Landscape Architecture Services or parts thereof which involve changes to the original Landscape Architecture Services or character of Landscape Architecture Services under this Contract, then Consultant shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Landscape Architecture Services and paid for as specified under Article 1 I . Consultant shall make revisions to Landscape Architecture Services 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 Landscape Architecture Services. ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Landscape Architecture Services, or (2) the duration of the Landscape Architecture Services. Any such Supplemental Contract must be duly authorized by the City. Consultant shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Consultant shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Landscape Architecture Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or programs stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Consultant and its subcontractors are related exclusively to the services described in this Contract and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Consultant 's designs under this Contract (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any such subsequent use made of documents by City shall be at City's sole risk and without liability to Consultant , and, to the extent permitted by law, City shall indemnify, defend and hold harmless Consultant from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. 7 By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Contract. Copies inay be retained by Consultant . Consultant shall be liable to City for any loss or damage to any such documents while they are in the possession of or while being worked upon by Consultant or anyone connected with Consultant, including agents, employees, Consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by Consultant without cost to City. Upon execution of this Contract, Consultant grants to City permission to reproduce Consultant's work and documents for purposes of constructing, using and maintaining the Project, provided that City shall comply with its obligations, including prompt payment of all sums when due, under this Contract. Consultant shall obtain similar permission from Consultant's subcontractors consistent with this Contract. If and upon the date Consultant is adjudged in default of this Contract, City is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the work and documents for the purposes of completing, using and maintaining the Project. City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Consultant. However, City shall be permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at City's sole risk and without liability to Consultant and its employees. Prior to Consultant providing to City any Instruments of Service in electronic form or City providing to Consultant any electronic data for incorporation into the Instruments of Service, City and Consultant shall by separate written contract set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Contract. Any electronic files are provided by Consultant for the convenience of City, and use of them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Consultant, the hardcopy shall prevail. Only printed copies of documents conveyed by Consultant shall be relied upon. Consultant shall have no liability for changes made to the drawings subsequent to the completion of the Project. Any such change shall be sealed by the engineer making that change and shall be appropriately marked to reflect what was changed or modified. 8 ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Consultant shall furnish and maintain, at its own expense, quarters for the performance of all Landscape Architecture Services, and adequate and sufficient personnel and equipment to perform the Landscape Architecture Services as required. All employees of Consultant shall have such knowledge and experience as will enable thein to perform the duties assigned to them. Any employee of Consultant who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Landscape Architecture Services shall immediately be removed from association with the project when so instructed by City. Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the Landscape Architecture Services required under this Contract, or will obtain such personnel from sources other than City. Consultant may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Consultant shall not assign, subcontract or transfer any portion of the Landscape Architecture Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Landscape Architecture Services being performed under the subcontract. No subcontract shall relieve Consultant of any responsibilities under this Contract. ARTICLE 17 EVALUATION 01? LANDSCAPE ARCHITECTURE SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Landscape Architecture Services 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 Consultant or a subcontractor, then Consultant 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 Consultant'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 Consultant shall be grounds for termination of this Contract, and any increased costs arising from Consultant's default, breach of contract, or violation of contract terms shall be paid by Consultant. 9 ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) 13y mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Consultant, as a consequence of failure by Consultant to perform the Landscape Architecture 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 City, for reasons of its own and not subject to the mutual consent of Consultant, upon not less than thirty (30) days' written notice to Consultant. (5) By satisfactory completion of all Landscape Architecture Services and obligations described herein. Should 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 Consultant. In determining the value of the Landscape Architecture Services performed by Consultant prior to termination, City shall be the sole judge. Compensation for Landscape Architecture Services at termination will be based on a percentage of the Landscape Architecture Services completed at that time. Should City terminate this Contract 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 Consultant defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Consultant, then City shall give consideration to the actual costs incurred by Consultant in performing the Landscape Architecture Services to the date of default, the amount of Landscape Architecture Services required which was satisfactorily completed to date of default, the value of the Landscape Architecture Services which are usable to City, the cost to City of employing another firm to complete the Landscape Architecture Services required and the time required to do so, and other factors which affect the value to City of the Landscape Architecture Services 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 City and Consultant under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Consultant to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Landscape Architecture Services to completion. In such case, Consultant shall be liable to City for any additional and reasonable costs incurred by City. Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Consultant in support of the Landscape Architecture Services under this Contract. 10 ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Consultant 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, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Consultant shall furnish City with satisfactory proof of his/her/its compliance. Consultant shall further obtain all permits and licenses required in the performance of the Landscape Architecture Services contracted for herein. (2) Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the Landscape Architecture 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. ARTICLE 22 INDEMNIFICATION Consultant 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 Contract, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable 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 negligent activities by Consultant, its agents, or employees. ARTICLE 23 CONSULTANT'S RESPONSIBILITIES Consultant shall be responsible for the accuracy of his/her/its Landscape Architecture Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Consultant's responsibilities for all questions arising from design errors and/or omissions. Consultant shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 CONSULTANT'S SEAL The responsible consultant shall sign, seal and date all appropriate submissions to City in accordance with the Chapter 1052, Landscape Architects of the Texas Occupations Code. 11 ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Consultant warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Consultant, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or person 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, City reserves and shall have the right to annul this Contract 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. Consultant covenants and represents that Consultant, 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. ARTICLE 26 INSURANCE (1) Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and otherwise acceptable to City. Consultant shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, 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). Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements, Consultant must retain the certificates of insurance for the duration of this Contract, 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: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: 12 City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) 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. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E 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 Consultant for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Consultant may not assign, sublet or transfer any interest in this Contract, 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 Contract 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 Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract 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 Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. 13 ARTICLE 31 CONSULTANT'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Consultant, 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 Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: 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 Consultant: Brent A. Baker, RLA, ASLA, CLARB Senior Landscape Architect One Chisholm Trail, Suite 5200 Round Rock, TX 78681 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the Landscape Architecture Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Consultant shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Consultant's standard of performance as defined herein. Where damage is caused to City due to Consultant's negligent failure to perform City may accordingly withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. 14 (2) Force Majeure. Neither City nor Consultant shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not 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 Contract 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 Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all consulting and related services performed or furnished by Consultant and its employees under this Contract will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Consultant makes no warranties, express or implied, under this Contract or otherwise, in connection with the Landscape Architecture Services. (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications and represents its judgment as an experienced and qualified professional consultant. However, since Consultant has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Consultant hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Consultant, signing by and through 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. 15 CITY OF UNDROCK, TEXAS APP 0 ED AS TO F • ' M: By: Alan McGraw, Mayor Sara L. White, City Secretary HAGO ENGINEERING ASSOCIATES By: 42 c J Signatu e of Principal Printed Name: I _471 16 Stepha 11..1 L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Landscape Architecture Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services City of Round Rock (CORR), the Client shall provide the following to Hagood Engineering Associates (HEA), the Consultant: I. The Client will provide full information necessary for the HEA Team to adequately perform the duties of this agreement II. Client shall cause its employees and any third parties who are otherwise assisting, advising or representing the Client to cooperate on a timely basis with the HEA team in the provision of its services. III. The HEA team shall rely upon written information provided by the Client and its employees and agents as accurate and complete. IV. The HEA team shall rely upon any written directions provided by the Client and its employees and agents concerning provision of services. V. Legal description and to -scale boundary survey of the property. VL Previous and related work completed prior to this agreement, on the said property and project. VII. Topographic survey including 1' or 2' contours, tree survey, drainage and flood plain locations, overlay zones or districts, environmental and geotechnical data, utilities, easements, and other physical improvements and impacts of the property. VIII. Existing or pending municipal permits or approvals, and other pertinent information as required during the process. IX. If available, financial/economic information related to the development economics of the Project. X. Any other information necessary for the HEA team to perform adequately the duties of this Task Order. XL The Client will sponsor and facilitate the Design Workshop/ Charrette and Public meetings required to establish the concept design for the project. EXHIBIT B Landscape Architecture Services Overview & Understanding The HEA team understands the intent of the scope of work is to provide professional planning, landscape architecture and related site development services to assist in the design, preparation and implementation of the development plans for the City of Round Rock -- City Hall Plaza Improvements in accordance to the proposed program scope items as directed the City of Round Rock (Client). Although Hagood Engineering Associates (Project Engineer/ Principal- Teny Hagood, PE) is the contracting entity for the project, HNTB Urban Design + Planning (Senior Landscape Architect- Brent A. Baker, ASLA) will act as the project manager/ lead designer for the HEA Team due to the nature and scope of the proposed work. Through this arrangement, the HEA team will provide guidance and input as requested by the Client, on the planning, design, landscape architecture, and engineering task scoped below. The proposed Theme and Programming Elements. below address the potential design considerations for the New City Hall Plaza that is located adjacent to the City Hall & Business Center (refer to Attachment A — Limit of Work): I. Theme: Kid -Oriented w/ Flexibility for Adult Events - a. Across the Street from the Library and should compliment Library events. b. Place to come before and after dining in downtown. c. Place for activities to occur to attract people downtown d. Adjacency to Art Space — potential art and music events venue e. Adjacency to private event business — potential place for weddings, receptions, etc. II. Potential Plaza Program Elements - a. Interactive Water Spray Feature b. Overhead Shade Structure(s) c. Imaginative Play Elements (no formal playscape structure) d. Educational Elements & Components e. Event Space Flexibility f. Art/ Culture Events & Elements g. General Public Gathering Activities and Uses III. Design Considerations - a. Electrical & Night Lighting Potential b. Audio/ Visual Technology Potential c. Stormwater/ Bio -Retention Opportunities d. Compliment other Downtown Parks including but not limited to materials, finishes, and aesthetics IV. Design Budget Goal - a. The Design Budget Goal is $400,000 for construction & professional services. The detailed scope below provides a break down to address the particulars of the proposed scope: Section I -- Proiect Management The HEA team will manage all the HEA team activities associated with the project. The HEA team shall secure resources necessary to produce the project deliverables and meet the project schedule. All communications associated with the project will be directly channeled through the HBA team Project Manager for distribution to the project team as appropriate. The HEA team's Project Manager will be responsible throughout the project for project management and all communications, including billing, with the Client's Project Manager. The HEA team also employs a reputable QA/QC process and requires that a portion of every project budget be dedicated to this explicit service to ensure that the Client/ Owner receives quality work and a quality product that meets and exceeds their expectation. Section II — Concept Design 1. Data Collection The HEA team tasks associated with Data Collection are as follows: a. Existing Conditions - Obtain necessary base files, land use data, the City's Downtown Plan, and previous studies of the work area. City of Round Rock will provide copies of this information to the HEA team. b. Based on the review of the information collected, the HEA team will perform a Strengths, Weaknesses, Opportunities, & Threats (SWOT) Analysis that will identify the current and potential future issues which affect rhe potential plaza design. 2. Physical and Visual Character Analysis a. The HEA team will review the physical context of the site with particular emphasis on physical elements, both natural and man-made. This information will be summarized and identified in graphical format on a scale snap of the project. 3. Charrette Workshop/ Open House Stakeholder Meeting The HEA team will participate in a day long design charrette meeting. It is at this meeting that citizen groups will report on their preferences and considerations regarding elements of the project. Workshop participants will be asked to provide input regarding the potential design preferences. The HEA team tasks associated with Charrette/ Workshop are as follows: a. To participate and attend in a concept design charrette with workshop participants. The purpose of the design charrette is to provide active participation in the design process for the project and to establish and identify a preliminary design concept for the City Hall Plaza Project that meets the needs of the community. The Charrette/ Workshop will be followed by an Open House where participants can address any issues and concerns of the proposed design concepts. 4. Develop preferred design concept - 60% Final Design The HEA team will develop the preferred design concept. The team will utilize the community input from the Charrette/ Workshop and information gathered in other sections of the scope to ensure the design concept meets the comrnunity's expectations and meets engineering standards and requirements. The HEA team tasks associated with preferred design concept are as follows: a. Develop preferred design concept plans and sections graphics of project that are color -rendered to illustrate the preferred concept design intent. b. Prepare preliminary opinion of probable construction cost for the project. 5. Preferred Concept Presentation Meeting a. Meet with City Staff/ CounciU Stakeholders to present the preferred concept for the City Hall Plaza project. This meeting will provide opportunity for comment and input by the City Council. The HEA team will establish and confirm changes recommended at the meeting and will establish tentative Owner approval of the Preferred Concept. Section 11I1— Final Design: Plans, Specifications, & Estimates (PS&E) The HEA team will prepare plans, specifications and estimates to implement the preferred design concept described in the Section II of the scope above. All deliverables to be prepared under this scope of services are intended for implementation and construction by a qualified contractor. 1. The HEA team sheets associated with the Final Design PS&E package may include, but shall not be limited to: a, Cover Page & Overall Limits of Construction Plan b. Existing Conditions/ Demolition Plan c. Hardscape Layout, ESC, Grading, and Drainage Plans d. MEP Plans, Details, & Schedules e. Landscape Planting Plan, Planting Details, & Project Specific Notes f. Irrigation Zone Plan, Details, & Project Performance Notes g. Project Specification Manual The following tasks associated with the development of the Final Design PS&E package and incorporation into the Final Bid Set Package will be performed: a. Meet with City for one (1) kick-off meeting and three (3) coordination/status meetings. b. Update final cost opinion to include all scope items @ 90% & 100% Submittals. c. Final Design PS&E (90% Submittal) that shall include the following: • Three (3) paper copies of the Final PS&E 90% Submittal. • A written response to City b0% review comments. All comments from previous submittals shall be incorporated into the drawings and construction specifications, or an explanation shall be given, in writing, for why they are omitted. ▪ MEP drawings via subconsultant depicting potential fountain feature, proposed plaza lighting unique to proposed design, and coordination with existing electrical distribution from City Hall sidewalk proj ect. d. Prepare and submit 90% design plans for TCEQ, TDLR, and CORR Building Department review and comment. • Note - TCEQ submittal shall entail conversations and coordination with TCEQ and a submittal of an Exception Request for this project so as to protect the Edwards Aquifer Recharge Zone. If TCEQ's ruling does NOT concur with an exception request and it is determined that a full TCEQ WPAP will be required, this will constitute Additional Services for this particular task. These Additional Services are described under Exclusion and are shown in AS.I on the Fee Schedule. The consultant shall not perform these Additional Services until the City issues a written Notice to Proceed (NTP) specifically for this task. Upon return of comments from reviewing agencies, Consultant shall address design concerns in final bid set submittal package. e. Final Bid Submittal Package Submit 100% signed and sealed design original documents (Bid -ready Drawings and Specifications), Project Manual (Specifications/Bid Form), and Opinion of Probable Construction Cost estimate along with the reviewed 90% submittal/ permit drawings, specifications, and Opinion of Probable Construction Cost (if necessary). Furnish the CITY with three (3) paper copies and one (1) Adobe Acrobat PDF Copy of the Final Design PS&E 100% Bid Submittal Package. Section IV — Bidding/ Negotiation It is understood that this project will be publicly bid and The HEA team will assist with the bidding services required to direct the project though the bidding phase of the project by. The following tasks are associated with the Bid/ Negotiation Phase: a. Assist in the preparation of the bid documents b. Attend one (1) Pre-bid Meeting c. Provide responses to bidders' questions for Consultant -related scope for inclusion in Pre-bid Meeting minutes. d. Prepare supporting documentation for maximum of two (2) addenda for issuance to bidders. e. Review Bid results and evaluate the Bids for Consultant -related scope. f. Investigate the qualifications ofthe proposed contractors and any proposed subcontractors for Consultant related scope g. Make a recommendation on potential contractor for Consultant -related scope. Section V — Construction Services The HEA team shall provide assistance to the Client/ Owner and provide clarifications for the Contractor during the construction process. The potential scope of work by the HEA team covered in this phase is described below. The HEA team shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work, and The HEA Team shall not be responsible for the contractor's errors, omissions or failure to carry out the work in accordance with the contract documents. The prima y goal of this phase is to secure compliance by the comztractorr to the plans, specifications and design intent. The following tasks are associated with the Construction Services Phase: a. The HEA team will prepare for and attend bi-weekly management team meetings/ site visits with Client and/or Contractor for the purpose of reporting on or gathering input to become familiar with the progress and quality ofthe work completed and to determine, in general, if the work is being performed in a manner indicating that the work, when complete, will be in accordance with the Contract Documents. • Meetings are defined as a physical meeting at a physical location, telephone conference calls, web conference meetings, or any other medium where more than two persons review and discuss the project together. • A maximum of eight (8) Construction Services visits are included in Basic Services. Additional Construction Observation site visits and meetings, as necessary or requested by Client/ Contractor, to insure that the design intent of the plans are implemented to the Client's requirements will constitute additional services. b. The HEA team may recommend to the Client the rejection of any work, within the collective Consultant's scope, failing to conform to the contract documents. c. Review, coordinate, and respond to requests for information (RFL) from the contractor/ client/ owner's representative: • RFI's are normal and customary during the construction process to insure that the design intent of the plans are implemented to the Client's requirements and a minimum of 8 to 10 can be expected during a project of this scope. If the RFI count becomes more than that is usual or customary, this could constitute additional services. d. Review, coordinate, and respond to Change Orders and Change Directives generated via Client and/ or Contractor. e. Attend three (3) additional required meetings with regulatory agencies (i.e. City of Round Rock), including pre -construction and post -construction conferences scheduled with regulatory inspectors or any other regulatory reviewer assigned to this project. f. Conduct and document inspections of the work in order to determine the date of substantial completion, and verify the satisfactory completion of the project in accordance with the contract documents. g. Conduct/ coordinate final TDLR inspection and TCEQ closeout procedures. h. Assist Client in completing the closeout documentation necessary to conclude the construction phase of the project, including at a minimunn one (1) final site observation trip at Substantial Completion, and one (1) site observation trip for final sign -off on Punch List upon completion. i. Upon final acceptance, the HEA team shall prepare the required landscape architect's and engineer's letter of concurrence to the Client. Exclusions The following tasks are not covered in this scope of work and may or may not be necessary. Ifdeemed necessary, these tasks shall constitute "ADDITIONAL SERVICES" and shall be conducted under a separate or supplemental Task Order. a. Graphics larger than 11" x 17" not specified in this Task Order b. Any preparation & management of materials not specified in this Task Order c. Stakeholder/Community/neighborhood meetings and/or presentations and preparations of graphics, drawings, digital presentations, etc., not specified in this Task Order d. Detailed inventory or recordation of existing structures, site surveys, and tree surveys. e. Geotechnical, Archeological Investigations, & field visits not specified in this Task Order. f City meetings/presentations and associated presentation materials not specified in this Task Order g. Development of As -Built Drawings h. TQEC —coordination and submittal of WPAP with Geological Assessment for Edwards Aquifer Recharge protection. EXHIBIT C WORK SCHEDULE The HEA team shall complete the Task Order within 270 calendar days, commencing upon the issuance of Notice to Proceed via signed agreement, and receipt of documents to be provided by the Client as specified in EXHIBIT A. Anticipated Schedule/ Milestones I. Notice to Proceed September 23, 2010 11. Concept Design Sept - Oct 2010 30 to 45 days III. Final Design Oct — Dec 2010 45 to 60 days IV. Bidding/ Negotiation Jan - Feb 2011 30 to 45 days V. Construction Services March - May 2011 90 to 120 days VI. Project Complete June 1, 2011 The HEA team will consider opportunities to accelerate the schedule where feasible. EXHIBIT D FEE SCHEDULE A detailed breakdown of the HEA team Team's professional services can be seen in the FEE SCHEDULE portion of EXHIBIT D. Below is a summary of the fees associated by discipline and firm performing services for the City Hall Plaza Project: • HNTB - Planning & Landscape Architecture $ 45,834.00 • HEA — CPU & Structural Engineering .$ 14,320.00 ■ HCE — Mechanical & Electrical Engineering ...$ 4,800.00 Note: The labor is quoted as hemp sum, but is based on hourly rates/ num hours to perform/ the requested Scope of Work. Also, fees quoted assume no change in scope of the project or basic services. Thefee is not based on a percentage ofconstrnclion cost, but on a comparison of budgets similar to 111m projects andsitould the scope vary from above, the NEA team reserves the right to re -negotiate fee for basic services. No additional services or schedule modifications shall be performed without Client's written consent. Expense Reimbursement The following expenses are NOT included in the HEA team labor rates for Basic Services: computer plots; reproductions; prints; postage; automobile transportation (at the IRS reimbursement rate in place at time of travel, currently $.505/mile); long distance communication and courier services. Reimbursable Expenses shall not exceed without Client Authorization $ 4,430.00 Total Fee for Basic Services The Project Fee will be distributed in the following phases and billed on a percent complete basis: • Section 1 — Project Management • Section 2 - Concept Design • Section 3 - Final Design ▪ Section 4 - Bidding/ Negotiation • Section 5 - Construction Services Reimbursable Expenses 15% 20% 40% 6% 13% 6% Maximum Possible Fee including sub -consultant's & expenses $ 10,524.00 $ 13,840.00 $ 27,550.00 $ 4,000.00 $ 9,040.00 $ 4,430.00 .5 69,384.00 Note: The ILEA team may alter the compensation distribution between individual phases, tasks or work assignments to be consistent with the Services actually rendered, within the contract maximum. Additional Services Services requested of the HEA team that are not included in Basic Services are considered Additional Services and shall be paid for by the Client. Additional Services shall only be provided if authorized by the Client by the issuance of a written Notice to Proceed (NTP) specifically for these services. All other terms in the prime agreement will remain in effect. 1f 622344) EXHOIT O: FEE SCHEDULE City or Round Rock -City Hall Pta.a Improvements P'idect t2 HNTB 1.250.464 44. 6111. S.00N=-` -314+. Pr34,547 En-hy-r zf� 1142)241 4314-4 0242rt n Omit 02410 aW Pr.1222 241•2 Planar -13 141.,22 '-5. 60245. Ms +par Pro}c1 40210- 1202424 60!0.1202424 46311104 ,0R0J30211ANA0E05NT i so u .2 C44.4 -_630C4222,2529 1142242924N 2 < 1.110 11 Preset rearers92-2 .94221.222e12sa N CIO 2,2(to.e!ncel C.222.52.42942.:4'..42 (3 r+eE-9J 120 4 V(.r .. Cl• eep welec•..44400er.a.l4_ 4110h.d4=.9u$. F 544CAanca2.9704 . 2141>m4,awe nddiamamm::d. a) 13,44440 (0402..+0226 1 Ressin P10dr4.ro moved 24):an2 1.1224,2 9292,N 2,2021112001 1.110 'ism 1 '32-- 670 440 s 3.240" 1,103 • P 14 10 14 1 4 670 6 6 10 2426402 Tata 4 - -' 10224 N 40 e 15 2401,021 CONCn) 068NW 3' 37 0027274001, 43102.24001454 alto, ps.,24-4 lova lav -1)3 410 Pa) alifm d l.J40$4.4,-142 002433463 .:. q VYarm i air A^324N.63 4) E.•924 2,2.4_4:62212,t.24x42 sularr7 2) 4421040.1. u Ct MA 4464401 Miya 02024:3 and 4,94. 21,992 32 9129,252nose,aralloon 011 asap CaY3.1'A A1ne, 1 ...:::: (,070 1020 2.444 a 24 l s 2025 If s 510 f :'7 (20 2) Pe4.0 FalOvaps 1442ra.94124 Carc.p( 41 02a440 00244.99041 0221,22224.1•4 5'4,2,'44 l_ 21 11 021421 2420229 re21t992, 71) 9122212401Y9a.00K51.N2.rta 40 P.p.2 Pel"nv00*04andF22412254 one: an Kat 5 1250 5 .1•476 s 2240 12 74 2 4 24 2 al CFa922e21.a14,5p2,41.4.5)e, W 2.4104, 04,9.Lna922,2i jl 5120 • .._.:630 20 4 2 u 15 17 (70 14N40nTol '12,640 43 44 a 6 20444053 PNAL43004N-PEna, 4ee..81xa9.!42IP56Ey Nra'td.o 2E4110411 0 4.1 HHS 2)Pn$ 144 09 6eke6a441410.11,2E C2r0644122. ' .. 2) Pe001 Ced,.,44 t ..::14600 34 1) M 14v.2020 R10..rte2e rl A4r-,42902 Rev [i 4414 540 1116 12 2 2 2 41 0113t 4.5..6 tanb,der [2421.. 1282. 1.154 10 2 2 314 a 7 i.a)2ntNa1 LC°° 54 4 04 5 SECTION* CONSTRUCTION 544021015 2t Con.... Ste r..•s a 414112,p2 00 ram dy61014 1) 611 bs442112a RvVrW lien -loon ).avo 2.400 20 2 10 10 6 1,07' 22 4 4 42 F. -210242,2021C499,2,44,1.4309 6) 224.:(01x,. -...(0x02 030 12 1290 12 142410 Total ':16 20 20 722.2 Tata Labe, Nov. 14,154 542 i. 84115 142 LamaUd4.n40011244 • 22 8 -:..:4248 } 1,152 12% >k2191 123 1.427 s `9 f.) -row 242421444.244 i iseM 5 ':37, 54 4 ..;3552 5:'1K4 1 }404 3 346 It 5' le i7' } BH S ::'.:1.646 4 2,57) $ ::..760 22 1 2456 1ti 3 . 2080 441 8 324( 101 14" 5 34.91 f:r 2607 5 550 5 :10)56 8:'4.302 s:':_• 3014 5 :;. 414 5 " ` 2,313 } 2,241 1114 2 .1'41 $ :.11644 1 :2421 1004 2.103 i 1.4304 •f ''15165 3 -0.740 141 ' 1 43x62 Relent..I.0.0005*a 4,104 23685 12voa20k5404182&0 3.2e440222222401*264.002444. 1932 -)*229212e1 03.414.). -1921440-Fla 12,0yh3 611,0.•-L'c1i. Ce20e1 4,301 1 4347020. 1110NA156110]425-T.al3ems NO2 4842,4144 14 24 424 421042. f 1021': TC6029BM82220@n4021Cw;4rs4an1b9N.2441 92222.14420Yn>. .8._:•::-'3,400 171(31 labor & Pr t 5'.: 7.131 4 -+.-264 f•..1,444 1 :.; 14 154 (0.er .psi 021112x3 d Ceas!Nd<n .an 1 �I4 7 1 2 11 1) E.aiq C2,4602 -4,E,20:40 Pan 7 ell640 i 84 ...ma 1-•"4-1. 262044...3,., 12.1-..-441•+• f el LK 64 2 1■ 24 2 e 10 2214412974.62.244 021242.•14 7 3,210 32 t 4 J 2 4 12 40 MEP Ra92.642244,164l.224•4 2 SSC 42 2 2 21 12949u40192,*a93 R42. Pa 99P5 Deb) 5.$P,70402n-ACA4k51 2.54 22 2 4 12 0) hl.0212ZeHR.2, 00es 2Peb4Pr/w,-.-4.0.ck2 S 19333 20 2 1 12 84 Read 2peMt.Zr115*. d 1 2,460 22 6 4 13 3 R2pd41222 Nen 2220(,o*ldly pays MN) ::.. :.:. .-. . .• .. 4::::. dna 42 _. ;. _ a) PsiEYat4%(i 1_a7c,r12:,.&,,, j ,TOEd l0.R46itl,+.nttr 4 2213 22 2 1 8 2 R 4.£I.14,212 N RSF4024 O.J+'a6MCat 104441010 1156E ¢64.10 4 7620 h 2 / 4 5 4 5.44247 1•1 i 24232 '034 10 44 45 027 64 i2 6 0 2E4110411 0 4.1 HHS 2)Pn$ 144 09 6eke6a441410.11,2E C2r0644122. ' .. 2) Pe001 Ced,.,44 t ..::14600 34 1) M 14v.2020 R10..rte2e rl A4r-,42902 Rev [i 4414 540 1116 12 2 2 2 41 0113t 4.5..6 tanb,der [2421.. 1282. 1.154 10 2 2 314 a 7 i.a)2ntNa1 LC°° 54 4 04 5 SECTION* CONSTRUCTION 544021015 2t Con.... Ste r..•s a 414112,p2 00 ram dy61014 1) 611 bs442112a RvVrW lien -loon ).avo 2.400 20 2 10 10 6 1,07' 22 4 4 42 F. -210242,2021C499,2,44,1.4309 6) 224.:(01x,. -...(0x02 030 12 1290 12 142410 Total ':16 20 20 722.2 Tata Labe, Nov. 14,154 542 i. 84115 142 LamaUd4.n40011244 • 22 8 -:..:4248 } 1,152 12% >k2191 123 1.427 s `9 f.) -row 242421444.244 i iseM 5 ':37, 54 4 ..;3552 5:'1K4 1 }404 3 346 It 5' le i7' } BH S ::'.:1.646 4 2,57) $ ::..760 22 1 2456 1ti 3 . 2080 441 8 324( 101 14" 5 34.91 f:r 2607 5 550 5 :10)56 8:'4.302 s:':_• 3014 5 :;. 414 5 " ` 2,313 } 2,241 1114 2 .1'41 $ :.11644 1 :2421 1004 2.103 i 1.4304 •f ''15165 3 -0.740 141 ' 1 43x62 Relent..I.0.0005*a 4,104 23685 12voa20k5404182&0 3.2e440222222401*264.002444. 1932 -)*229212e1 03.414.). -1921440-Fla 12,0yh3 611,0.•-L'c1i. Ce20e1 4,301 1 4347020. 1110NA156110]425-T.al3ems NO2 4842,4144 14 24 424 421042. f 1021': TC6029BM82220@n4021Cw;4rs4an1b9N.2441 92222.14420Yn>. .8._:•::-'3,400 171(31 labor & Pr t 5'.: 7.131 4 -+.-264 f•..1,444 1 :.; 14 154 EXHIBIT E Certificates of Insurance Attached Behind This Page fiC.VKIJ `.i CERTIFICATE OF LIABILITY INSURANCE DATE (MWDLNYYYY) 09/01/2010 PRODUCER Phone: mo) 598-3700 Fax (360) 598-3703 MICHAEL J. HALL & COMPANY HALL & COMPANY 19660 10TH AVENUE N.E. POULSBO WA 98370 THIS CERTIFICATE IS ISSUEO 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 Hagood Engineering Associates, Inc. 1 Chisholm Tri Ste 5200 Round Rock, TX 78681-6090 INSURER A: Lloyd's Of London POLICY EFFECTIVE DATE BAWD" INSURER B: LIMITS INSURER C: INSURER D: LIABILITY COMMERCIAL GENERAL LIABILITY INSURER E: COVERAGIFS EACH OCCURRENCE City of Round Rock 221 E Main Street Round Rock, TX 78664.6271 Attention: ACORD 26 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER V1LL ENDEAVOR TO MAIL 30 DAYS VIRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate # 121526 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD fAshley L. Hurd THE ANY MAY POL POLICIES REQUIREMENT, PERTAIN, CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVNTHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ANSA LTR ADM tRSR[ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE BAWD" POUCYEXPIRATION DATE tem/Immo LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TORENTEo PREMISES {Eaorn It) $ CLAIMS MADE II OCCUR MED. EXP (Any one person) $ PERSONAL 8. ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER POLICY nPRO- 1Loc I JFCT PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO AU. OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ` BODILY INJURY (Per accident) $ — PROPERT(Peaccident) $ GARAGE LIABILITY R ANY AUTO AUTO ONLY - FA ACCIDENT S OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS! UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? jr dd Babe H) ndet SPECIAL PROVISIONS bNox I TIA S OTHER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E. L. DISEASE -POLICY LIMIT $ A OTHER Professional Liability Claims Made Form HPP1700/010 01/16/10 0t/16111 $ 1,000,000 Per Claim $ 2,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER ......�... _._.. City of Round Rock 221 E Main Street Round Rock, TX 78664.6271 Attention: ACORD 26 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER V1LL ENDEAVOR TO MAIL 30 DAYS VIRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Certificate # 121526 © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD fAshley L. Hurd