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R-14-02-13-H7 - 2/13/2014RESOLUTION NO. R -14-02-13-H7 WHEREAS, the City of Round Rock desires to retain engineering services for the OSPV Multipurpose Complex and Soccer Complex Improvements 2014 Project; and WHEREAS, Schrickel, Rollins and Associates, Inc. has submitted a Contract for Engineering Services to provide said services; and WHEREAS, the City Council desires to enter into said contract with Schrickel, Rollins and Associates, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Schrickel, Rollins and Associates, Inc. for the OSPV Multipurpose Complex and Soccer Complex Improvements 2014 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 13th day of February, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404,00291500 ''ROUND ROCK, TEXAS PURPOSE RISSIOtt PROSPERITY r EXHIBIT /! All CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: SCHRICKEL, ROLLINS AND ASSOCIATES, INC. ("Engineer") ADDRESS: 1161 Corporate Drive West, Suite 200, Arlington, TX 76006 PROJECT: OSPV Multipurpose Complex and Soccer Complex Improvements 2014 THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2014 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 Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.1406; 00290577 1 Rev. 04/13 00192831 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 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering 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 Engineering 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 Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer 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 Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Artiele 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be connnenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering 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 One Million Two Hundred Twenty -Three Thousand and No/100 Dollars ($1,223,000.00) 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 Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit 13. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering 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 Engineering Services performed. Engineer 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 Engineer of the responsibility of correcting any enors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which 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. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terns of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering 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, ori the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terns of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer 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 Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell, RLA, ASLA Assistant Director 301 W. Bagdad Street, Suite 250 Round Rock, TX 78664 Telephone Number: (512) 341-3345 Fax Number: (512) 218-5548 Email Address: dbuzzell@roundrocktexas.gov roundrocktexas.gov 4 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 Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Henry Parker Associate 1161 Corporate Drive West, Suite 200 Arlington, TX 76006 Telephone Number (817) 649-3216 Fax Number (817) 646-7645 Email Address hparker@sradesign.com sradesign.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress .of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attaimnent of project Engineering 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. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering 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 Engineering 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, Engineer shall have the option of terminating tbis Contract. If City suspends the Engineering 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 Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer 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 Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer 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 Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering 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 Engineering Services. 6 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 Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer 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 Engineer 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 Engineering 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 Engineer 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 Engineer'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 Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer 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 Engineer. Engineer 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 Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer'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. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer 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. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. 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 Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer 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 Engineer 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 Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers 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. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to then. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering 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 Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering 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 Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This 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 Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to firlfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering 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 Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 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 Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering 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 Engineer 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 Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for. the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall fluffier obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering 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 Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer 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 Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering 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 Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this 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. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer'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 11 otherwise acceptable to City. Engineer 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 Engineer, Engineer 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). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (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 Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit 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 Engineer for governmental purposes. 12 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. Engineer 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. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Henry Parker Associate 1161 Corporate Drive West, Suite 200 Arlington, TX 76006 ARTICLE 33 GENERAL PROVISIONS (1) Time. is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer 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 Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this 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 professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer 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, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer 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 Engineer 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 Engineer, 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 terns and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: Signature of Principal Printed Name: 15 Stephan L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will provide the following services to the Consultant in the performance of the Project upon request. A. Provide any existing data the City has on file concerning the Project, if available. B. Provide any available as -built plans for existing facilities, if available. C. Provide any available as -built plans for existing water and sanitary sewer mains, if available. D. Assist the Consultant, as necessary, in obtaining any required data and information from local utility companies. E. Provide standard details and specifications in digital format. F. Assist the Consultant by requiring appropriate utility companies to expose underground utilities within the right-of-way or easements, when required. G. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that affects the scope or timing of the Consultant's services. H. The City will secure the services of an independent laboratory for Construction Phase Testing. Topographic and Boundary Survey as described in Exhibit B. EXHIBIT B Engineering Services SUMMARY OF PROJECT A. This project consists of Site Planning, Design Development, Construction Documents, and Construction Administration for the development of a portion of Old Settlers Park. The proposed development will include a new multipurpose complex including but not limited to fields, lighting, spectator amenities, restrooms, etc., and improvement to the existing soccer complex. B. The Consultant shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies. Services include, but are not limited to, professional consultation and advice and furnishing civil, structural, mechanical, and electrical engineering services; surveying; architectural; landscape architectural services; sports turf design, geotechnical investigation and irrigation. C. The project budget for the Park Development including Professional Services, to which the Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Consultant, will not exceed the sum of $14,000,000, including fees for professional services and expenses unless amended by the City. D. For purposes of this Service Agreement and its Exhibits, the term "Engineer," where appropriate, shall be interchangeable with the terms 'Landscape Architect" or "Architect" or "Consultant." Schrickel, Rollins and Associates, Inc., is a firm composed of practicing Planners, Registered Engineers, Registered Architects, and Registered Landscape Architects. The firm does not represent itself solely as an engineer nor solely as a practitioner of landscape architecture or architecture as defined in the applicable State of Texas registration laws. E. The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act. Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107; Austin, Texas 78758-7589; (512) 458-4126. PART 1 - ELEMENTS A. The program of development shall include, but not be limited to, the following elements. It is understood that elements may be omitted in order to meet the project budget with approval by the City. 1. Project Description: a. This project consists of construction a tournament and game quality, multipurpose field complex in the northwest sector of Old Settlers Park (Meier & Wall Tracks). The Multipurpose Field Complex will be constructed using a combination of natural grass and synthetic turf and will accommodate five (5) multipurpose fields approximately 420' x 600' in size to accommodate a variety of field sports such as soccer, football, lacrosse, cricket, etc. Additional improvements include a parking lot (approximately 775 spaces), sports lighting for the entire complex, restroom/concession buildings, spectator shade structures and spectator amenities. b. Existing soccer fields located south of the multipurpose complex will be combined to create two (2) multipurpose fields and three (3) individual soccer fields. Existing turf will be removed. The topsoil will be amended to maximize the longevity of the natural turfgrass with irrigation improvements as needed. Spectator amenities and field lighting will be provided. Improvements will be included to bring the complex into compliance with Texas Accessibility Standards (TAS) and ADA. Pale 1 of 7 2. Project Goals: a. Provide a complex of multipurpose fields that can accommodate a variety of sports and tournaments such as soccer, lacrosse, football, field hockey, cricket, rugby, etc. b. Increase the number of fields available for the citizens of Round Rock for both games and practice and reach the targeted goal of 1 field per 4,000 population. c. Continue to attract and recruit tournaments to the area. d. Encourage new and diverse economic growth through the sports tourism industry. e. Maintain distinction of Sports Capital of Texas. 3. Miscellaneous a. Removal of existing facilities as needed b. Earthwork and grading c. Security and pedestrian and parking lot lighting d. Sports lighting on new and existing fields e. Landscape plantings f. Site furnishings: bleachers, drinking fountains, litter receptacles, signage g. Erosion control h. Irrigation system with Maxicom central control for reuse water i. Recreational trails j. Shaded bleacher areas k. A new North/South Collector Street will be accommodated for future development. Artificial turf will be considered as an option on selected fields. m. Restroom/concession buildings n. Group pavilions for large gatherings o. Spectator amenities such as playground, tailgate islands, team break areas information kiosks, WiFi and AudioNisual elements, etc. 4. Utilities a. Sewer connections b. Water service including reuse water service for irrigation system c. Storm drainages as needed to meet applicable stormwater requirements 5. Franchise Utilities a. Electrical distribution and controls b. Telephone service 6. Project Budget a. Multipurpose Complex - $11,000,000 b. Soccer Complex - $3,000,000 PART II - BASE MAP AND SURVEYING A. While existing base information would be sufficient for overall planning, it is not sufficient for detailed design and preparation of construction drawings for improvements on site. A new topographic survey of the existing areas within the project limits will be required. The survey will identify one foot contours, existing facilities, utilities and trees with 3" or greater caliper, boundary lines, and adjacent public streets and utilities. Topographic and Boundary Survey will be provided by others at the expense of the City. Page 2of7 PART III - SITE PLANNING PHASE A. General. The City has established the program elements and a Master Plan for the entire park. This phase will serve as a continuation of that effort. The City is aware that the program elements may change through the site planning process. However, it is the City's intent that the Consultant have the flexibility and creativity to provide as many of the program elements as possible. The City shall cooperate with the Consultant to achieve a final program based on conceptual design that meets the project budget. B. Services. Consultant will provide/perform the following Site Planning Phase Services: 1. Conduct reconnaissance of the site and prepare graphics of findings. 2. Analyze the capabilities and Limitations of the site and prepare descriptive graphics in a study of development feasibility. 3. Conduct work sessions with City's staff to review a Program of Development and existing Master Plan for the site which includes the "Elements" referenced above. 4. Conduct a one -day tour of similar complexes in the Dallas -Fort Worth area with representatives of the City. Other complexes outside the region will be considered upon approval by the City. 5. Prepare conceptual development plan alternatives in sketch form. 6. Present the most viable plan alternatives in a work session with the Staff for review and further development. The Consultant will provide alternatives as requested by the City until a solution has been accepted by the City. 7. Prepare a first draft of the site plan for staff review and revisions prior to public presentations. 8. Prepare general opinions of probable cost and recommendations for construction phasing. Increments of development will correspond to park budget plans. 9. Present the final draft Site Plan, opinions of probable cost and phasing recommendations once to the City. 10. Upon final approval and authorization to proceed, make final revisions to the Site Plan. C. Products. The following products will be provided by the Consultant to the City in completion of the Site Plan. 1. A refined line drawing of the final approved plan suitable for public display. A reproducible copy on a 24" x 36" sheet will be furnished to the City. 2. A colored rendering of the 24" x 36" Site Plan mounted on a foam board. 3. A brief report containing the Program of Development, description of the planning process, and other pertinent narrative. 4. A digital file copy of the Site Plan in a format specified by the City. D. Meetings: 1. The Landscape Architect will attend a total of six (6) meetings with staff, including kick-off meeting. (Other staff/Landscape Architect meetings may occur before or after board and commission meetings at no additional charge.) 2. The Consultant will present the Site Plan to the City Council in a workshop meeting. 3. Additional meetings may be scheduled with additional compensation to the Consultant, as mutually agreed to in writing in advance of any such meeting(s). 4. The City will be responsible for advertising all meetings, if needed. PART IV - DESIGN DEVELOPMENT PHASE A. Services. Consultant will provide/perform the following Design Development Phase Services: Page 3 of 7 1. Based upon the approved Master Planning Documents and adjustments authorized by the City in the program, schedule, or project design budget, the Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to site, architectural, civil, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shall include, but not be limited to, the following: (a) Plan views in appropriate scale (b) Sections where appropriate (c) Floor plans and elevations where appropriate (d) Typical details (architectural and structural) (e) Preliminary mechanical schematic and design loads (f) Preliminary electrical schematic with design loads (g) Preliminary utility schematics (h) Informal plan submittals via email throughout process for review/comment by City. 2. Coordinate with appropriate governmental authorities and provide information requested for compliance with applicable codes, ordinances, and laws. If necessary, make revisions necessary to obtain compliance or approval. 3. Consultant shall submit informal plans to City via email throughout the process for review/comment by the City. 4. Submit five sets of the above plans and opinions of probable cost of construction to the City for review. 5. Meet with the City to discuss plans and opinions of probable cost of construction. 6. Distribute the plans to local utility companies, if necessary, to obtain information regarding impacts to their facilities. Consider how impacts may affect the project cost. 7. Public Meetings shall include the Athletic Commission meeting (5-7 pm) and an open house for public (7-9 pm). 8. The Consultant will prepare for and attend one meeting with the sports associations to review the Design Development Documents. 9. The Consultant will submit the Design Development Documents to the City of Round Rock Development Services Office (DSO) for preliminary review. PART V - CONSTRUCTION DOCUMENTS PHASE A. Services. Consultant will provide/perform the following Construction Documents Phase Services: 1. All drawings and details will be produced in AutoCAD. All specifications will be produced in WordPerfect or Word. 2. Based upon the approved Design Development Documents and further adjustments in the scope or quality of the Project or in the project design budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. Construction Documents Phase deliverables shall include, but not be limited to these contract documents: (a) Plan sheets illustrating plans, elevations, sections and details of construction. (b) Technical specifications. (c) Provide graphic products in electronic file format (pdf). Page 4 of 7 3. Design shall meet all applicable City of Round Rock Design and Construction Standards and applicable state regulations. 4. If it is to the Owner's advantage, Construction Documents will be prepared to allow bidding of two or more separate and distinct bid packages. 5. Review documents will be submitted to the City at 50%, 75% and 90% completion. 6. Construction documents shall be submitted to the City of Round Rock DSO at the 90% completion stage for preliminary review/comment and 100% plans for final approval and issuance of building permit. PART VI - BIDDING PHASE A. Services. Consultant will provide/perform the following Bidding Phase Services. 1. Answer questions from Bidders and prepare addenda as necessary. 2. Review "or -equal" submittals from contractor. 3. Attend pre-bid meeting. 4. Attend bid opening. 5. Assist the City in pre -qualification of bidders. 6. Assist the City staff in a pre -construction conference. 7. Plan distribution and printing shall be provided by Document Engine. Consultant shall provide original documents for reproduction. Services of Document Engine shall be paid by the City or billed as reimbursable. PART VII - CONTRACT ADMINISTRATION PHASE A. Services. Consultant will provide/perform the following Construction Administration Phase Services: 1. Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress. Site observation visits shall be provided for the purpose of ascertaining for the City that the work is in substantial or general conformance with the contract documents and design intent. Generally, site observation visits will be made twice a month. (a) Should nonconforming or defective work be observed, the Consultant will endeavor to immediately inform the City's representative that conforming or remedial action is required. (b) The number of site observation visits to be provided by a representative of the Consultant at times in the judgment of the City's representative appropriate to the works, or as otherwise requested/directed by the City, shall not exceed an aggregate total of 40 visits over the period of the Contractor's construction contract. (c) On-site meetings shall be approximately twice a month. (d) Site observation visits provided by the Consultant as necessary to correct errors or omissions or to clarify ambiguities in the plans will not accrue against the visits described in Part VI - A.1.(b) above. 2. Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents. Provide the Owner a binder (two copies) of all product submittals and/or cut sheets used on the project. Page 5 of 7 3. Provide written responses to requests for information or clarification. 4. Recommend change orders, if required. 5. Assist the City in conducting the substantial completion and final completion observations. B. Consultant's Status During Construction. Consultant will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto. Consultant will not be responsible for Contractor's failure to perform or furnish the work in accordance with the construction documents. Consultant will not be responsible for any delays in the execution of the work caused by the Contractor. PART VIII - OTHER RELATED SERVICES A. Services. Consultant will provide the following related services/products as a part of basic services: 1. Storm Water Pollution Prevention Plan (SWPPP). Services shall include preparation of the SWPPP document, Notice of Intent, and one initial inspection of the construction site. Continued monitoring and inspections shall be provided by the City or by others throughout the construction phase of the project. 2. Record Drawings. Consultant will transfer information provided by the Contractor on his mark- ups after construction is complete to AutoCAD file format. Digital files will be provided to the City. 3. 3-D Animation of the Design Development Phase design. 4. Geotechnical Investigation and Report. The Consultant will secure the services of an independent geotechnical engineering company to investigate the engineering properties of the soils and to make recommendations on the design of building foundations, paving, light pole foundations, shade structures, etc. PART IX - EXCLUSIONS A. The intent of this Scope of Services, Exhibit "A" is to include only the services specifically listed herein for this Project. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1. Topographic Surveying. 2. Preparation of Plats or Boundary Survey documents. 3. Field surveying or production of related maps for purposes of determining off-site utility locations, or construction control and layout. 4. Design of off-site utility services or drainage facilities to more than a distance of 100 feet from any boundary of the project site. 5. Environmental impact statements or assessments. 6. Traffic engineering reports or studies. 7. Hydraulics and hydrology, flood studies or floodplain reclamation plans. 8, Full-time or otherwise frequent and detailed inspection of the Contractor's works in progress. 9. Designs for trench safety. Page 6of7 10. Archaeological survey. 11. Quality control and testing services during construction. PART X - REIMBURSABLE EXPENSES The City will reimburse the consultant for the actual cost of the following: 1. Printing and reproductions of Construction Documents. 2. Travel expenses. 3. Postage/delivery services. 4. Texas Department of Licensing and Regulation (TDLR) review and/or inspection fees. 5. Other permits. PART XI - ADDITIONAL SERVICES The following services are not included in this Agreement but are available to the City upon written authorized approval and mutual agreement: A. If the budget is increased by more than ten (10%) or if the scope is increased beyond that listed previously, Professional Services required to include said changes shall be considered Additional Services, and compensation for the Consultant's services shall be adjusted appropriately according to the magnitude of the change. All changes in service shall be agreed to in writing by both the City and the Consultant prior to any additional services being provided. B. Assistance by the Consultant to the City in the resolution of construction -contract disputes between the City and its contractor, or contract -related claims against the City, are not a part of the scope of this proposal. However, such services may be provided as Additional Services by separate agreement or amendment, as provided for herein, to this Agreement. C. With the exception of services listed in Parts 1 -VIII, services related to easements, permitting, platting or re -platting required by the City or required by other governmental authorities for the construction of the Project, will be provided by the City, or provided by the Consultant by separate agreement or amendment, as provided for herein, to this Agreement.. D. Renderings, models or mock-ups requested by the Owner. E. Cost estimating consulting services. Page 7 of 7 EXHIBIT C Work Schedule Cal. days to Weeks to Stage of Services Complete Complete Projected Date Authorization from City to Proceed with Project February 13, 2014 Site Planning Phase 30 4 March 18, 2014 Design Development Phase (DD) 34 5 April 18, 2014 City Review of DD 14 2 May 2, 2014 Construction Documents Phase (CD) 50% Submittal 30 4 June 5, 2014 50% Review 14 2 June 19, 2014 75% Submittal 30 4 July 17, 2014 75% Review 14 2 July 31, 2014 Final Review Submittal for Building Permit 45 6 September 18, 2014 Corrections after Permit Review 14 2 October 2, 2014 Bidding Phase Send documents to Printer 1 October 3, 2014 Printing 3 0 October 7, 2014 Advertisement for Bids 6 1 October 13, 2014 Advertisement for Bids 7 1 October 20, 2014 Bid Opening 32 5 November 6, 2014 City Council Meeting to Approve Bids 14 2 November 25, 2014 City Approve and Execute Contract 21 4 December 16, 2014 Construction Phase Phase I Begin Construction on Multipurpose Fields Complete Turf Establishment on Fields Complete Multipurpose Fields Open for Play Phase 2 Begin Construction on Soccer Fields Complete Turf Establishment on Fields Complete Soccer Fields Open for Play January 5, 2015 July 31, 2015 October 30, 2015 Spring, 2016 December 1, 2015 July 31, 2016 September 30, 2016 Spring 2017 EXHIBIT D Fee Schedule A. Basic Professional Planning and Design Services Site Plan $ 112,000 Design Development $ 150,000 Contract Documents $ 690,000 Bidding Administration $ 20,000 Construction Administration $ 177,000 Total $ 1,149,000 B. Other Related Services Record Drawings 3-D Animation $ 12,000 $ 27,000 C. Reirnbursable Expenses (Allowance - not to exceed) $35,000 EXHIBIT E Certificate of Insurance Attached Behind This Page A`CO-RE CERTIFICATE OF LIABILITY INSURANCE V DATE M/ 12/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 12801 N. Central Expressway Suite 1710 Dallas TX 75243 CONTACT NAME: Joe A Bryant PHONE FAX (Alc.No. Exq: (214) 503-1212 fA1C,No}; E-MAIL ADDRESS: INSURERS} AFFORDING COVERAGE NAIC A INSURER A: XL Specialty Insurance Company 37885 INSURED Schrickel, Rollins & Associates, Inc. 1161 Corporate Dr West Suite #200 Arlington TX 76006 INSURER B:Travelers Lloyds Ins. Company 41262 INSURER C: Travelers Indemnity Company 25658 INSURERD:Phoenix Insurance Company 25623 INSURERE:Travelers Casualty & Surety Co. 19038 INSURER F : Y : Cert ID THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL ,1NSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDD IYYYY) POLICY EXP (MM/DDIYYYYL LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMiMERCIALGENERAL LIABILITY Y Y PACP1542L02A 5/5/2013 5/5/2014 GE TO PREMISES(EaENTE S 1,000,000 CUUMS-MADE X OCCUR occurence) MED EXP (Any one H $ 10,000 person) PERSONAL 8 ADV INJURY $ 1,000,000 GENERALAGGREGATE S 2,000,000 GEM_ AGGREGATELIMIT APP�LIESPER —1 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I h mi I ) LOC S AUTOMOBILE LIABILITY CO(Ea aBINED0 SINGLE LIMB $ 1,000,000 D X ANY AUTO Y Y BA1544L05A 5/5/2013 5/5/2014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOSAUTOS NON -OWNED PROPERTY DAMAGE lPeraccident) $ $ C X UMBRELLALIAB X OCCUR Y Y CUP6598Y324 5/5/2013 5/5/2014 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAU,IS-MADE AGGREGATE $ 2,000,000 DED X RETENTIONS 10,000 $ S WORKERS COMPENSATION‘,.WC AND EMPLOYERS'LIABILITY Y UB6003Y831 5/5/2013 5/5/2014 STATU- OTH- TORY LIMITS ER ANYPROPRIETOR/PARTNERFEXECUTIVE OFFICER/MEMBER EXCLUDED? YIN H 1 A E.L. EACH ACCIDENT $ 1,000,000 (Mandatory In NH) If describe E.LDISEASE- EAEMPLOYEE S 1,000,000 yes, under DESCRIPTION OF OPERATIONSbe:oa E.L DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability N Y DPR9712647 12/12/201312/12/2014 Per Claim $ 1,000,000 Annual Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of certificate holder on all policies. The City of Round Rock is shown as an additional insured with respect to all policies except Workers Compensation and Employers Liability and Professional Liability as required by contract. RE: OSPV Multipurpose Complex and Soccer Complex Improvements Project 2013 - Professional Services Agreement CERTIFICATE HOLDER City of Round Rock City Manager 221 E. Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &er ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1 ROUND ROCK, TEXAS PURPOSE mmaa rsarunx City of Round Rock Agenda Item Summary Agenda Number: H.7 Title: Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with Schrickel, Rollins and Associates, Inc. for the Old Settlers Park at Palm Valley (OSPV) Multipurpose Complex and Soccer Complex Improvements 2014 Project. Type: Resolution Governing Body: City Council Agenda Date: 2/13/2014 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $1,223,000.00 Indexes: 2014 General Obligation Bonds Attachments: Resolution, Exhibit A Department: Parks and Recreation Department Text of Legislative File 14-1138 This Contract for Engineering Services is for design and engineering services related to the OSPV Multipurpose Complex and Soccer Complex Improvements Project. The scope of the contract includes landscape architectural, engineering, architectural and MEP engineering services from schematic design through construction observation. The programmatic elements for Multipurpose Complex include five (5) multipurpose fields, parking, sports lighting, restroom and concession building(s), spectator amenities, etc. The Soccer Complex Project will include renovation of the existing five (5) soccer fields to create two (2) multipurpose fields and three (3) individual soccer fields, replacement of the existing topsoil and sod and ADA upgrades to the complex. The Multipurpose Complex will be completed first, which will allow the City to move local leagues to the Multipurpose Complex while construction on the Soccer Complex occurs. Due to each complex being completed individual, the total project length will be three (3) years from the start of design to completed construction of the project. The contract cost of $1,223,000 is approximately 8.7% of the total project budget of $14,000,000. Staff believes the proposed fee is in-line with the project total and scope of services from the consultant. This project is in line with numerous objectives within Strategic Plan Goals 1 -High Value Services and Goal 4 -Sports Capital for Tourism and Residents. Cost: $1,223,000.00 City of Round Rock Page 1 Printed on 2/13/2014 Agenda Item Summary Continued (14-1138) Source of Funds: 2014 GO Bonds Approval City of Round Rock Page 2 Printed on 2/13/2014 EXECUTED ORIGINAL DOCUMENT FOLLOW ROUND ROCK, TEXAS PURPOSE AKRON PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: SCHRICKEL, ROLLINS AND ASSOCIATES, INC. ("Engineer") ADDRESS: 1161 Corporate Drive West, Suite 200, Arlington, TX 76006 PROJECT: OSPV Multipurpose Complex and Soccer Complex Improvements 2014 THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the L111' -day of , 2014 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, w ose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.1406; 00290577 R -14-02-13-H7 Rev. 04/13 00192831 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 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering 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 Engineering 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 Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer 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 Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering 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 Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and cornpleted as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering 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 One Million Two Hundred Twenty -Three Thousand and No/100 Dollars t$1,223,000.00) 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 Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering 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 Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment reportin a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering 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 Engineering Services performed. Engineer 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 Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which 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. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering 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 Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer 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 Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell, RLA, ASLA Assistant Director 301 W. Bagdad Street, Suite 250 Round Rock, TX 78664 Telephone Number: (512) 341-3345 Fax Number: (512) 218-5548 Email Address: dbuzzell@roundrocktexas.gov 4 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 Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Henry Parker Associate 1161 Corporate Drive West, Suite 200 Arlington, TX 76006 Telephone Number (817) 649-3216 Fax Number (817) 646-7645 Email Address hparker@sradesign.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (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 Engineering 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. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering 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 Engineering 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, Engineer shall have the option of terminating this Contract. If City suspends the Engineering 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 Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer 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 Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer 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 Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering 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 Engineering Services. 6 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 Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer 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 Engineer 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 Engineering Services performed. ARTICLE 14 USE OF DOCUMENTS All documents, including but not limited to drawings, specifications and data or progratns stored electronically, (hereinafter referred to as "Instruments of Service") prepared by Engineer 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 Engineer'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 Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Contract and in confirmation of the fee for services to be paid under this Contract, Engineer 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 Engineer. Engineer 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 Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors. All documents so lost or damaged shall be replaced or restored by Engineer without cost to City. Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer'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. Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If and upon the date Engineer 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. 7 City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written contract of Engineer. 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 Engineer and its Engineers. Prior to Engineer providing to City any Instruments of Service in electronic form or City providing to Engineer any electronic data for incorporation into the Instruments of Service, City and Engineer 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 Engineer 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 Engineer, the hardcopy shall prevail. Only printed copies of documents conveyed by Engineer shall be relied upon. Engineer shall have no liability for changes made to the drawings by other engineers 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. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUIBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering 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 Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 8 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering 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 Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This 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 Engineer, as a consequence of failure by Engineer to perform the Engineering 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 Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering 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 Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 9 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 Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering 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 Engineer 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 Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering 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 Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 10 Engineer 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 inay be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering 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 Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this 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. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer'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 11 otherwise acceptable to City. Engineer 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 Engineer, Engineer 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). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this 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) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, and such notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (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 Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit 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 Engineer for governmental purposes. 12 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. Engineer 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. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this 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 13 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Henry Parker Associate 1161 Corporate Drive West, Suite 200 Arlington, TX 76006 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer 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 Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this 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 professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 14 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer 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, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer 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 Engineer 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 Engineer, 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. CITY OF*OUND ROCK, TEXAS APP 0VED AS TO FORM: /. 'N 1 By:(4'h'? Alan -McGraw, Mayor ATTEST: By: Sara L. White, City Clerk SCHRI, ROLINS D AS, OCIATES, INC. By: nature of Prin ipa Printed Name: yiZ 40. .64qt-A 15 Steph L. Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance EXHIBIT A City Services The City will provide the following services to the Consultant in the performance of the Project upon request. A. Provide any existing data the City has on file concerning the Project, if available. B. Provide any available as -built plans for existing facilities, if available. C. Provide any available as -built plans for existing water and sanitary sewer mains, if available. D. Assist the Consultant, as necessary, in obtaining any required data and information from local utility companies. E. Provide standard details and specifications in digital format. F. Assist the Consultant by requiring appropriate utility companies to expose underground utilities within the right-of-way or easements, when required. G. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that affects the scope or timing of the Consultant's services. H. The City will secure the services of an independent laboratory for Construction Phase Testing. I. Topographic and Boundary Survey as described in Exhibit B. EXHIBIT B Engineering Services SUMMARY OF PROJECT A. This project consists of Site Planning, Design Development, Construction Documents, and Construction Administration for the development of a portion of Old Settlers Park. The proposed development will include a new multipurpose complex including but not limited to fields, lighting, spectator amenities, restrooms, etc., and improvement to the existing soccer complex. B. The Consultant shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies. Services include, but are not limited to, professional consultation and advice and furnishing civil, structural, mechanical, and electrical engineering services; surveying; architectural; landscape architectural services; sports turf design, geotechnical investigation and irrigation. C. The project budget for the Park Development including Professional Services, to which the Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Consultant, will not exceed the sum of $14,000,000, including fees for professional services and expenses unless amended by the City. D. For purposes of this Service Agreement and its Exhibits, the term "Engineer," where appropriate, shall be interchangeable with the terms "Landscape Architect" or "Architect" or "Consultant." Schrickel, Rollins and Associates, Inc., is a firm composed of practicing Planners, Registered Engineers, Registered Architects, and Registered Landscape Architects. The firm does not represent itself solely as an engineer nor solely as a practitioner of landscape architecture or architecture as defined in the applicable State of Texas registration taws. E. The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act. Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107; Austin, Texas 78758-7589; (512) 458-4126. PART 1- ELEMENTS A. The program of development shall include, but not be limited to, the following elements. It is understood that elements may be omitted in order to meet the project budget with approval by the City. 1. Project Description: a. This project consists of construction a tournament and game quality, multipurpose field complex in the northwest sector of Old Settlers Park (Meier & Wall Tracks). The Multipurpose Field Complex will be constructed using a combination of natural grass and synthetic turf and will accommodate five (5) multipurpose fields approximately 420' x 600' in size to accommodate a variety of field sports such as soccer, football, lacrosse, cricket, etc. Additional improvements include a parking lot (approximately 775 spaces), sports lighting for the entire complex, restroom/concession buildings, spectator shade structures and spectator amenities. b. Existing soccer fields located south of the multipurpose complex will be combined to create two (2) multipurpose fields and three (3) individual soccer fields. Existing turf will be removed. The topsoil will be amended to maximize the longevity of the natural turfgrass with irrigation improvements as needed. Spectator amenities and field lighting will be provided. Improvements will be included to bring the complex into compliance with Texas Accessibility Standards (TAS) and ADA. Page 1 of 7 2. Project Goals: a. Provide a complex of multipurpose fields that can accommodate a variety of sports and tournaments such as soccer, lacrosse, football, field hockey, cricket, rugby, etc. b. Increase the number of fields available for the citizens of Round Rock for both games and practice and reach the targeted goal of 1 field per 4,000 population. c. Continue to attract and recruit tournaments to the area. d. Encourage new and diverse economic growth through the sports tourism industry. e. Maintain distinction of Sports Capital of Texas. 3. Miscellaneous a. Removal of existing facilities as needed b. Earthwork and grading c. Security and pedestrian and parking lot lighting d. Sports lighting on new and existing fields e. Landscape plantings f. Site furnishings: bleachers, drinking fountains, litter receptacles, signage 9. Erosion control h. Irrigation system with Maxicom central control for reuse water i. Recreational trails j. Shaded bleacher areas k. A new North/South Collector Street will be accommodated for future development. I. Artificial turf will be considered as an option on selected fields. m. Restroom/concession buildings n. Group pavilions for large gatherings o. Spectator amenities such as playground, tailgate islands, team break areas information kiosks, WiFi and AudioNisual elements, etc. 4. Utilities a. Sewer connections b. Water service including reuse water service for irrigation system c. Storm drainages as needed to meet applicable stormwater requirements 5. Franchise Utilities a. Electrical distribution and controls b. Telephone service 6. Project Budget a. Multipurpose Complex - $11,000,000 b. Soccer Complex - $3,000,000 PART II - BASE MAP AND SURVEYING A. While existing base information would be sufficient for overall planning, it is not sufficient for detailed design and preparation of construction drawings for improvements on site. A new topographic survey of the existing areas within the project limits will be required. The survey will identify one foot contours, existing facilities, utilities and trees with 3" or greater caliper, boundary lines, and adjacent public streets and utilities. Topographic and Boundary Survey will be provided by others at the expense of the City. Page 2of7 PART 111- SITE PLANNING PHASE A. General. The City has established the program elements and a Master Plan for the entire park. This phase wilt serve as a continuation of that effort. The City is aware that the program elements may change through the site planning process. However, it is the City's intent that the Consultant have the flexibility and creativity to provide as many of the program elements as possible. The City shall cooperate with the Consultant to achieve a final program based on conceptual design that meets the project budget. B. Services. Consultant will provide/perform the following Site Planning Phase Services: 1. Conduct reconnaissance of the site and prepare graphics of findings. 2. Analyze the capabilities and limitations of the site and prepare descriptive graphics in a study of development feasibility. 3. Conduct work sessions with City's staff to review a Program of Development and existing Master Plan for the site which includes the "Elements" referenced above. 4. Conduct a one -day tour of similar complexes in the Dallas -Fort Worth area with representatives of the City. Other complexes outside the region will be considered upon approval by the City. 5. Prepare conceptual development plan alternatives in sketch form. 6. Present the most viable plan alternatives in a work session with the Staff for review and further development. The Consultant will provide alternatives as requested by the City until a solution has been accepted by the City. 7. Prepare a first draft of the site plan for staff review and revisions prior to public presentations. 8. Prepare general opinions of probable cost and recommendations for construction phasing. increments of development will correspond to park budget plans. 9. Present the final draft Site Plan, opinions of probable cost and phasing recommendations once to the City. 10. Upon final approval and authorization to proceed, make final revisions to the Site Plan. C. Products. The following products will be provided by the Consultant to the City in completion of the Site Plan. 1. A refined line drawing of the final approved plan suitable for public display. A reproducible copy on a 24" x 36" sheet will be furnished to the City. 2. A colored rendering of the 24" x 36" Site Plan mounted on a foam board. 3. A brief report containing the Program of Development, description of the planning process, and other pertinent narrative. 4. A digital file copy of the Site Plan in a format specified by the City. D. Meetings: 1. The Landscape Architect will attend a total of six (6) meetings with staff, including kick-off meeting. (Other staff/Landscape Architect meetings may occur before or after board and commission meetings at no additional charge.) 2. The Consultant will present the Site Plan to the City Council in a workshop meeting. 3. Additional meetings may be scheduled with additional compensation to the Consultant, as mutually agreed to in writing in advance of any such meeting(s). 4. The City will be responsible for advertising all meetings, if needed. PART IV - DESIGN DEVELOPMENT PHASE A. Services. Consultant will provide/perform the following Design Development Phase Services: Page 3 of 7 1. Based upon the approved Master Planning Documents and adjustments authorized by the City in the program, schedule, or project design budget, the Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project with regard to site, architectural, civil, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shall include, but not be limited to, the following: (a) Plan views in appropriate scale (b) Sections where appropriate (c) Floor plans and elevations where appropriate (d) Typical details (architectural and structural) (e) Preliminary mechanical schematic and design loads (f) Preliminary electrical schematic with design loads (g) Preliminary utility schematics (h) Informal plan submittals via email throughout process for review/comment by City. 2. Coordinate with appropriate governmental authorities and provide information requested for compliance with applicable codes, ordinances, and laws. If necessary, make revisions necessary to obtain compliance or approval. 3. Consultant shall submit informal plans to City via email throughout the process for review/comment by the City. 4. Submit five sets of the above plans and opinions of probable cost of construction to the City for review. 5. Meet with the City to discuss plans and opinions of probable cost of construction. 6. Distribute the plans to local utility companies, if necessary, to obtain information regarding impacts to their facilities. Consider how impacts may affect the project cost. 7. Public Meetings shall include the Athletic Commission meeting (5-7 pm) and an open house for public (7-9 pm). 8. The Consultant will prepare for and attend one meeting with the sports associations to review the Design Development Documents. 9. The Consultant will submit the Design Development Documents to the City of Round Rock Development Services Office (DSO) for preliminary review. PART V - CONSTRUCTION DOCUMENTS PHASE A. Services. Consultant will provide/perform the following Construction Documents Phase Services: 1. All drawings and details will be produced in AutoCAD. All specifications will be produced in WordPerfect or Word 2. Based upon the approved Design Development Documents and further adjustments in the scope or quality of the Project or in the project design budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. Construction Documents Phase deliverables shall include, but not be limited to these contract documents: (a) Plan sheets illustrating plans, elevations, sections and details of construction. (b) Technical specifications. (c) Provide graphic products in electronic file format (pdf). Page 4 of 7 3. Design shall meet all applicable City of Round Rock Design and Construction Standards and applicable state regulations. 4. If it is to the Owner's advantage, Construction Documents will be prepared to allow bidding of two or more separate and distinct bid packages. 5. Review documents will be submitted to the City at 50%, 75% and 90% completion. 6. Construction documents shall be submitted to the City of Round Rock DSO at the 90% completion stage for preliminary review/comment and 100% plans for final approval and issuance of building permit. PART VI - BIDDING PHASE A. Services. Consultant will provide/perform the following Bidding Phase Services. 1. Answer questions from Bidders and prepare addenda as necessary. 2. Review "or -equal" submittals from contractor. 3. Attend pre-bid meeting. 4. Attend bid opening. 5. Assist the City in pre -qualification of bidders. 6. Assist the City staff in a pre -construction conference. 7. Plan distribution and printing shall be provided by Document Engine. Consultant shall provide original documents for reproduction. Services of Document Engine shall be paid by the City or billed as reimbursable. PART VII - CONTRACT ADMINISTRATION PHASE A. Services. Consultant will provide/perform the following Construction Administration Phase Services: 1. Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress. Site observation visits shall be provided for the purpose of ascertaining for the City that the work is in substantial or general conformance with the contract documents and design intent. Generally, site observation visits will be made twice a month. (a) Should nonconforming or defective work be observed, the Consultant will endeavor to immediately inform the City's representative that conforming or remedial action is required. (b) The number of site observation visits to be provided by a representative of the Consultant at times in the judgment of the City's representative appropriate to the works, or as otherwise requested/directed by the City, shall not exceed an aggregate total of 40 visits over the period of the Contractor's construction contract. (c) On-site meetings shall be approximately twice a month. (d) Site observation visits provided by the Consultant as necessary to correct errors or omissions or to clarify ambiguities in the plans will not accrue against the visits described in Part VI - A.1.(b) above. 2. Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents. Provide the Owner a binder (two copies) of all product submittals and/or cut sheets used on the project. Page 5 of 7 3. Provide written responses to requests for information or clarification. 4. Recommend change orders, if required. 5. Assist the City in conducting the substantial completion and final completion observations. B. Consultant's Status During Construction. Consultant will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto. Consultant will not be responsible for Contractor's failure to perform or furnish the work in accordance with the construction documents. Consultant will not be responsible for any delays in the execution of the work caused by the Contractor. PART VIII - OTHER RELATED SERVICES A. Services. Consultant will provide the following related services/products as a part of basic services: 1. Storm Water Pollution Prevention Plan (SWPPP). Services shall include preparation of the SWPPP document, Notice of Intent, and one initial inspection of the construction site. Continued monitoring and inspections shall be provided by the City or by others throughout the construction phase of the project. 2. Record Drawings. Consultant will transfer information provided by the Contractor on his mark- ups after construction is complete to AutoCAD file format. Digital files will be provided to the City. 3. 3-D Animation of the Design Development Phase design. 4. Geotechnical Investigation and Report. The Consultant will secure the services of an independent geotechnical engineering company to investigate the engineering properties of the soils and to make recommendations on the design of building foundations, paving, light pole foundations, shade structures, etc. PART 1X - EXCLUSIONS A. The intent of this Scope of Services, Exhibit "A" is to include only the services specifically listed herein for this Project. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1. Topographic Surveying. 2. Preparation of Plats or Boundary Survey documents. 3. Field surveying or production of related maps for purposes of determining off-site utility locations, or construction control and layout. 4. Design of off-site utility services or drainage facilities to more than a distance of 100 feet from any boundary of the project site. 5. Environmental impact statements or assessments. 6. Traffic engineering reports or studies. 7. Hydraulics and hydrology, flood studies or floodplain reclamation plans. 8. Full-time or otherwise frequent and detailed inspection of the Contractor's works in progress. 9. Designs for trench safety. Page 6 of 7 10. Archaeological survey. 11. Quality control and testing services during construction. PART X - REIMBURSABLE EXPENSES The City will reimburse the consultant for the actual cost of the following: 1. Printing and reproductions of Construction Documents. 2. Travel expenses. 3. Postage/delivery services. 4. Texas Department of Licensing and Regulation (TDLR) review and/or inspection fees. 5. Other permits. PART XI - ADDITIONAL SERVICES The following services are not included in this Agreement but are available to the City upon written authorized approval and mutual agreement: A. If the budget is increased by more than ten (10%) or if the scope is increased beyond that listed previously, Professional Services required to include said changes shall be considered Additional Services, and compensation for the Consultant's services shall be adjusted appropriately according to the magnitude of the change. All changes in service shall be agreed to in writing by both the City and the Consultant prior to any additional services being provided. B. Assistance by the Consultant to the City in the resolution of construction -contract disputes between the City and its contractor, or contract -related claims against the City, are not a part of the scope of this proposal. However, such services may be provided as Additional Services by separate agreement or amendment, as provided for herein, to this Agreement. C. With the exception of services listed in Parts 1 -VIII, services related to easements, permitting, platting or re -platting required by the City or required by other governmental authorities for the construction of the Project, will be provided by the City, or provided by the Consultant by separate agreement or amendment, as provided for herein, to this Agreement.. D. Renderings, models or mock-ups requested by the Owner. E. Cost estimating consulting services. Page 7 of 7 EXHIBIT C Work Schedule Cal. days to Weeks to Stage of Services Complete Complete Projected Date Authorization from City to Proceed with Project February 13, 2014 Site Planning Phase 30 4 March 18, 2014 Design Development Phase (DD) 34 5 April 18, 2014 City Review of DD 14 2 May 2, 2014 Construction Documents Phase (CD) 50% Submittal 30 4 June 5, 2014 50% Review 14 2 June 19, 2014 75% Submittal 30 4 July 17, 2014 75% Review 14 2 July 31, 2014 Final Review Submittal for Building Permit 45 6 September 18, 2014 Corrections after Permit Review 14 2 October 2, 2014 Bidding Phase Send documents to Printer 1 October 3, 2014 Printing 3 0 October 7, 2014 Advertisement for Bids 6 1 October 13, 2014 Advertisement for Bids 7 1 October 20, 2014 Bid Opening 32 5 November 6, 2014 City Council Meeting to Approve Bids 14 2 November 25, 2014 City Approve and Execute Contract 21 4 December 16, 2014 Construction Phase Phase 1 Begin Construction on Multipurpose Fields Complete Turf Establishment on Fields Complete Multipurpose Fields Open for Play Phase 2 Begin Construction on Soccer Fields Complete Turf Establishment on Fields Complete Soccer Fields Open for Play January 5, 2015 July 31, 2015 October 30, 2015 Spring, 2016 December 1, 2015 July 31, 2016 September 30, 2016 Spring 2017 EXHIBIT D Fee Schedule A. Basic Professional Planning and Design Services Site Plan $ 112,000 Design Development $ 150,000 Contract Documents $ 690,000 Bidding Administration $ 20,000 Construction Administration $ 177,000 Total $ 1,149,000 B. Other Related Services Record Drawings 3-D Animation $ 12,000 $ 27,000 C. Reimbursable Expenses (Allowance - not to exceed) $35,000 EXHIBIT E Certificate of Insurance Attached Behind This Page coR!5 CERTIFICATE OF LIABILITY INSURANCE DATE(MLODINYYYY) 12/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 12801 N. Central Expressway Suite 1710 Dallas TX 75243 CONTACT NAME Joe A Bryant PHON C HaEd): (214) 503-1212 FAX ADDRESS: INSURER(S)AFFORDING COVERAGE NAM # INSURERA:XL Specialty Insurance Company 37885 INSURED Schrickel, Rollins & Associates, Inc. 1161 Corporate Dr West Suite #200 Arlington TX 76006 INSURERB:Travelers Lloyds Ins. Company 41262 INSURERC:Travelers Indemnity Company 25658 IMSURERD:Phoenix Insurance Company 25623 INSURER E:'Travelers Casualty & Surety Co. 19038 INSURER F : CERTIFICATE NUMBER: cert ID 23046 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0738 LTR TYPE OFOISURANCE ADDL-SUER (NSR MO POUCYNUMBER POLK:Y EFF (MWDDIYYYV) POLY EXP (MMIDD/YYYY) LIMITS B GENERALLIA8IUTY X COMMERCIAL0ENERALLIAILITY Y Y PACP1542L02A 5/5/2013 5/5/2014 EACHOCCURRENCE $ 1,000,000 pPREMISEg Eaa�r sorDance) $ 1,000,000 CLNLIS.MADE X OCCUR MED EXP (My one person) S 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERALAGOREGATE 5 2,000,000 GENtAGGREG�AT�ELIMITAPPUESPER —1 mum, I 51 7a 1-1 Loc PRODUCTS-COMPIOPAGO $ 2,000,000 $ D AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIREOAl1T03 — T SCHEDULED AUTOS NON -OWNED AUTOS Y Y BA1544L05A 5/5/2013 5/5/2014 COMBINED SINGLE LIMIT Me INE $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per aoddent) $ PROPERTY DAMAGE (Psraaddent) S 5 C X UMBRELLALIAB EXCESS LIAR X OCC( C(AO,MS-MADE Y Y COP6S98Y324 5/5/2013 5/5/2014 EACHOCCURRENCE 5 2,000,000 AGGREGATE $ 2,000,000 DED X RETENTIONS 10,000 S 8 WORKERS COMPENSATION ANDEMPLOYERS'LWBILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) Ndescribe under DESCRIPTION OF OPERATIONS below YIN N(A Y IIB6003Y831 5/5/2013 5/5/2014 WC STATU- OTH- X TORYUMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 EL OISFeSF - POLICY LIMIT S 1,000,000 A Professional Liability N Y DPR9712647 12/12/2013 12/12/2014 Per Claim $ 1,000,000 Annual Aggregate $ 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I mon space Is requked) The claims made professional liability coverage is the total aggregate limit for all claims presented within the policy period and is subject to a deductible. Thirty day notice of cancellation in favor of certificate holder on all policies. The City of Round Rock is shown as an additional insured with respect to all policies except Workers Compensation and Employers Liability and Professional Liability es required by contract. RR OSPV Multipurpose Complex and Soccer Complex Improvements Project 2013 - Professional Services Agreement CERTIFICATE HOLDER CANCELLATION City of Round Rock City Manager 221 S. Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDD�REPREESENTATIVE 0 4 v.r ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 of 1