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R-02-09-12-13C2 - 9/12/2002RESOLUTION NO. R- 02- 09- 12 -13C2 WHEREAS, the City of Round Rock desires to retain engineering services for the G. O. Bond Citywide Sidewalks, Segment 2, and WHEREAS, Bury +Partners, Inc. has submitted an Agreement for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Bury +Partners, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Agreement for Engineering Services with Bury +Partners, Inc., for the G. O. Bond Citywide Sidewalks, Segment 2, a copy of said agreement being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 12th day of September, 2 1.2 /� L, Mayor ST:. ,, i _ City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secre ODMA\ wow. mx\ o : \WDOX \RESOnuax \R2091222.we17/SC ROUND ROCK, TEXAS PURPOSE_ PASSION PROSPERITY. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITII Bury+Partners, Inc. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 12th day of the month of September, 2002, 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 Burv+Partners, Inc. whose principal place of business is located at 3345 Bee Caves Road, Suite 200, Austin, Texas 78746, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: Re: G. O. Bond Citywide Sidewalks Contract No. 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: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. 1 EXHIBIT ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the 1 day of the month of October, 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Twenty -seven thousand five hundred and eighty dollars and two cents ($27,580.02) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 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 In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non - disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. Danny Halden, P.E. City Engineer 2008 Enterprise Drive Round Rock, Texas 78664 (512) 218 -6610 (512) 218 -5563 ARTICLE 6 PROMPT PAYMENT POLICY ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Curtis Morriss, P.E. Bury+Partners, Inc. 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty-day notice may be waived in writing by 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she/it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EOUIPMENT AND MATERIAL Engineer shall furnish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by. City. Engineer certifies that he/she/it presently has adequate qualified personnel in his /her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she /it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect minimum insurance coverage in the amount of one million dollars ($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in 10 the amount of one million dollars ($1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: (3) (5) City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 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) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self - Insured Retentions of whatever nature. Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 33 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 34 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attomey 309 East Main Street Round Rock, TX 78664 Engineer: Bury+Partners, Inc. Attention: Curtis Morriss, P.E. 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 ARTICLE 35 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the teens or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 13 The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and complete authority to enter into this Agreement on behalf of the fine. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. , approved by the City Council on the day of the month of , 200_, and Engineer, , signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS: By: Mayor ATTEST: By: City Secretary ARTICLE 36 SIGNATORY WARRANTY 14 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury+Partners, Inc. Re: G. O. Bond Citywide Sidewalks LIST OF EXHIBITS ATTACHED (1) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT A Services to be Performed by the City The scope of services to be performed by the City is to administer, review and inspect the design and construction of sidewalks generally as shown on the attached map. Specifically: 1. The City will provide a Project Manager to serve as the primary point of contact for the Engineer. 2. The City will provide assistance with local coordination meetings. 3. The City will provide electronic copies of the border sheet, title sheet, plan & profile sheets, City General Notes and Specifications. 4. The City will provide any previous geotechnical reports for the vicinity of the project, if available. 5. The City will acquire any right-of-way necessary to construct the sidewalk improvements. 6. The City will actively participate in project reviews occurring at preliminary recommendation phase, 25, 50, 75 and 90 percent (final) PS &E design and will return comments to the Engineer within fifteen working days. A review meeting will follow the City review. Because of the critical timeframe of the project, any time delay in the City review will be considered as additional time to the Engineer. The review time of any agency, including the City or stakeholder will not be counted against the Engineer's completion date. 7. The City will cooperate, respond and participate in the development of the project. The City, as well as the Engineer, is an integral part of the project team. S. The City will provide existing development plats and proposed development information. 9. The City will provide all appraisals, acquisition, title searches and property management tasks for the project. 10. The City will provide existing roadway drainage plans. 11. The City will process check requests for permit applications (TDLR, TNRCC, etc.) 12. The City will assist in the coordination of City utility locates and relocations. 13. The City will submit any required agenda items for City Council. 14. The City will advertise the project for bids. 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT B Services to be Performed by the Engineer Project Limits: The Woods/The Hermitage/Sam Bass Trails: • Hermitage Drive — from Sam Bass Road to Latigo Trace • Latigo Trace — Hermitage Drive to Rustlers Road • Fawn Ridge - Hermitage Drive to Hunters Trail • Hunters Trail — Fawn Ridge to Passage • Passage — Hunters to Hollow Tree • Hollow Tree — Passage to Lantern Light Egger Acres/Mesa Park: • Robb Lane — from Bowman Road to Virginia Dr • Egger Ave — Bowman to Palm Valley Blvd • Nancy Dr — Egger to Mesa Park Dr • Wayne Dr — Egger to Mesa Park Dr Downtown/Lake Creek/Dove Creek: • Ferndale — from Lawnmont Dr to Greenlawn Blvd • Burnet — Park Lane to Deerfoot Dr • Deerfoot Dr — Burnet to Dove Haven Dr Length: Approximately 15,000 if total County: Williamson 1. The work performed by Bury+Partners, Inc. (Engineer) under this work authorization shall consist of providing engineering services required for route and design studies, schematic design (preliminary recommendations), public notification/involvement, field surveys/data collection, utility identification, geotechnical studies (if required), geometric design (addressing accessibility issues, drainage, utility/irrigation/tree/landscape conflicts), right -of -way plans (if required), and a complete set of construction documents (plans — if required, specifications, and estimates). All work performed under this contract shall be subject to review and approval of City of Round Rock. The Engineer will provide overall project supervision, management, administration, and coordination and will be the single point of contact between the City of Round Rock and all Bury+Partners, Inc. subcontractors. 2. The project limits are defined above. 3. The engineering work required under this work authorization is outlined according to each task to be performed in the following Work Outline. The Engineer shall furnish all equipment, materials, supplies, and incidentals as required to perform the above - mentioned engineering work except as otherwise specified in "Exhibit A" which precedes this section. 17 4. All work on the project shall conform with the applicable requirements of the City of Round Rock, Texas Department of Licensing and Regulation (TDLR), and the Texas Natural Resource Conservation Commission (TNRCC). The Engineer will process the project through the applicable permitting agencies. 5. The Engineer will meet with City of Round Rock representatives on a regularly scheduled basis to report progress. Map drawings, bar graphs and reports may be used to present the project progress. Upon completion of the meeting, a meeting summary will be prepared to document project progress. A brief progress report will be famished each month with the submission of the project invoice. 6. The Engineer will prepare the necessary environmental documents in accordance with and containing all the information required by the City. Sources of material will include data received from the City (see Exhibit A), federal agencies, other state and local governmental and quasi - governmental agencies, local libraries, and field investigations. The documents will be prepared using the format set forth by the City. 7. Responsibility for the ongoing public involvement process will be assumed by the Engineer. 8. The Engineer will prepare construction plans, details, and notes for this project on 8'A" x 11" or 8%2" x 14" pages to be included in the project manual. The plans will contain information necessary for construction and will generally include the following: • Overall site map depicting the limits of the project • Plan sheets detailing the horizontal location of the proposed improvements, existing features (curb inlets, fire hydrants, obstacles) impacting the proposed alignment, and applicable general construction notes. • Detail sheets specifying construction details for the typical sidewalk sections, pedestrian ramps, driveways, erosion control, traffic control plans, and specific construction notes. 9. The Engineer will develop the project using the English System of Measure. 10. The Engineer will be responsible for the geotechnical design required for the project. The Engineer will verify that the typical subgrade preparation called out for in City of Round Rock standards is appropriate based on experience with subsurface conditions in the area. 11. Specification documents will be furnished on diskette in MS Word format. 12. The Engineer will prepare the project for bidding by performing the following tasks: • Prepare advertisement • Facilitate bid process • Tabulate bids • Make contractor recommendation • Submit Council Agenda Item • Present recommendation to Council 18 13. The Engineer will provide the following construction phase services: • Weekly site visits • Respond to design questions /clarifications • Address citizen concerns • Review /approve shop drawings and change orders required due to unanticipated conditions (i.e., utilities, etc.). Addendum for clarification and change orders resulting from errors and/or omissions to the construction drawings will be provided by the Engineer. • Review pay estimates 14. The Engineer will provide the following tasks for Project close -out: • Final walk - through with City Project Manager • Final Pay Request • As- builts • Engineer's letter of Completion • City's letter of Acceptance 19 LOGAN ST 0, c z 0) rn m PALM VALLEY BLVD Citywide Sidewalks Bury + Partners Project Scope awn° amrzxss CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT C Work Schedule (Behind this page) 20 Dew ;ar 4Ogg ' ivied Nara Ding cancir. � l'ai "rd Demon aa. ....._......... .. _;eb' Yii - atom _... cfflwcw ....... a , "' dunrmm Men waoesi a.e.. a' 11.107202 •day'ad.o2em2iinm'®em' ..: - aaaa; ru: tuaios ' S.yopv.M: ISOIL WEN WI= '101111E-n1:13111MM• '131•=1:11 cenoen "says: 'fw,mam 64.n. "eyii1oui eap 'raai oZiw ii ayi': " ti. it�auE . .. wmucidtFUieais rnAitimaNna Yra.$.0 " ee:' ww titim ' iM:'ir:elavlm 4 wad;lfad 14•14304 deoo.ri. -. Rea tEttli Y ..... . ...._ . .. ........ .. ... i ,Insos isoeco2r .... ......." ides TM1aEl1le clev Aea.rFtiirnrNtiis ... .... .. "'1 * .. 44 efadi as2ti'n ... - - _ ... - ... • 'See+: rim6tir>3 Me1di6111n JI City of Round Rock Sidewalk Improvement Projects Phase I - Segment 2 • paed • mma^tammaa amtz um wzmwenaa:vea �..d. Ae.a S.ww. I Bury.. -Partners Consulting Eug neers and Survevors Labor Costs: DIRECT LABOR OVERHEAD % TOTAL Labor + Ovhd FIXED FEE TOTAL COST 1.69 13% I. PROJECT MANAGEMENT 51,067.08 51,803.37 52,870.45 5373.16 53,243.60 II. SIDEWALK DESIGN $4,111.28 56,948.06 511,059.34 51,437.71 512,497.06 III. PUBLIC/PROPERTY OWNER INVOLVEMENT 5504.50 5852.61 51,357.11 5176.42 51,533.53 IV. SOCIAL ECONOMIC AND ENVIRONMENTAL STUDIES 5274.44 $463.80 5738.24 595.97 $834.22 V. GEOTECHNICAL ENGINEERING 50.00 50.00 50.00 50.00 50.00 VI. TRAFFIC ENGINEERING SERVICES $50.72 $85.72 $136.44 517.74 5154.17 VIL UTILITY COORDINATION 50.00 50.00 $0.00 50.00 50.00 VIII. CONTRACT DOCUMENTATION SUPPORT 5481.76 5814.17 51,295.93 5168.47 51,464.41 IX. DOCUMENTATION COSTS (REIMBURSIBLES) 5250.00 525.00 * 5275.00 X. BID AND CONTRACT AWARD SERVICES $417.06 5704.83 51,121.89 5145.85 51,267.74 XI. CONSTRUCTION SUPPORT SERVICES 51,658.00 52,802.02 54,460.02 5579.80 55,039.82 XIL PROJECT CLOSEOUT 5417.96 5706.35 51,124.31 5146.16 51,270.47 TOTALS 58,982.80 515,180.93 524,163.73 53,141.29 527,580.02 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT D Fee Schedule * Cost +10% 21 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT E Work Authorizations (Behind this page) 22 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT F Certificates of Insurance (Behind this page) 23 ZOO�J IZS88 ON Ruin £Y:ST on ZOOZ /T0/80 ACORD,A CERTIFICA 'C OF LIABILITY INSUF 1NCE I 4ioii z PRODUCER THIS CERTIFICATE Is ISSUED AS A MATTER OF INFORNIMT10N UST Insurance Services of TX WAY AND DONFtRS NO RIGHTS UPON THE CERTIFIcITE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR 1946 south IH -35, Suite 301 ALTER THE COVERAGE AFFORDED 6Y THE Pout�lES BELOW. Austin, TX 78704 512 443 -0878 INSURED Bury + Partners, Inc. 3345 Bee CaVeB Road, Ste 200 Austin, TX 78746 s4SURERS AFFORDING COVERAGE imsuRENA- Companies INSURER B: INIUREA ct INSURER D INSURER COVERAGES THE POUCESoPINSURANCE lMMTFD BELOW HAVE BEEN MILES TO THE WSURED NAMED ABOVE mane POLACY PERIOD PIDICATED. NOTWITHSTANDNC ANY RIEWMIENr, TEAM OR COMMON OP ANT cONTRACT op OTHER DOOUMBJT WRH IESPECr To WHICH THIS ENTFICATE MAY RE IBDUED OR MAY MINK THE INSURANCE AFPoRDED BY THE POLICES MEOW nom SUBJECT TO ALL THE TESAS. ECOLUSl NSlNDODNDIT10NSOF SUCH POLIO. AOGREOATE WARS SHOWN MAY HAVE BEEN MEOWED WPM GUAM ueYE� lye �W.1 E�.�pI�71 P A tr nIA CAg SAM+1i1W4fa Lir TYPE OP INSURANCE GENERAL LIAEILRY ooMPA5SouLOONERN.UABANT 1 °LAIMSMAD1I OCCUR DEM.APORE Ipn* SATE L18PERs POOYn LOO POUCYIWMOEN LIMITS E ACH OCCURRENCE s FIRE DAMAGE(AAyC8e 18, S MED EXPPIy.erw Ows$$l $ P ER9CNAL A ADV INJURY 7 OEDEMA'. AGGREGATE s P RODUCT^- COMPIOPAER AU'0MIDDLE LIABILITY AIIYAUTD _ ALLOWNEDAUTCS _ SCHEDULEDA HIRED AWOI NON-OWNED AUTOS CURARE UABUJtt R ANY AUTO LMBIL4� lAT u CLAIMS MADE R DEDUDIIELE DETENTION s WOW(EDDOOMPENEATION AND EMPLDYED8 IJAEIL TY A GTHEITProfessional Liability Bank One Real Estate Project Accounting P.O. Box 71 Phoenix, A2 65001 Attn: Lori BeU -A21 -1166 AEE0225003 "02/06/02 02/06/03 UOMEINEDENOLE LIMIT Igaaccld.ni $ U pline.) INJURY B ODILY INJURY 8 Id.nnl fH . Id * AUTO ONLY- EA AOC.DEMT OTHER THAN EA AOC AUTO ONLY" MM MITTIINid E.L- EACH ACCICENr E.LDI5EASSEAF1.f1O EE E.LOISEASGMELICY LIMIT s s S s s s s EACH coals:Dews' ACCREIATE s S s $1,000,000 per claim $1,000,000 annl aggr. DasoMIPTION OP OPERATIONSILOCAT IONENERICLES/E]OOLUSIDNDADDED BYENDORSEMENNOPECIALPROVI &DNB *Except in event of non payment ** Supplemental Name ** Bury + Partners, Inc. Bury + Partners Holdings, Inc. (See Attached Descriptions) CERTIFICATE HOLDER I ADDrrgDALINsINRD:NsaRDILEr1ER CANCELLATION eouLDefforme mow ocsoRBBO mums BE cum= smounecomuN BATEnlenaoF,THEIeathea euRERWILLENBEAvorerDMmaW DAMMIT1EN lelCETDTHE CEIOIFICATE HOLDER DAMEISTOSSIE IXFP, EUTFAILASIEToDososHAU. IM'C$E NO OBLIGATION ORU ABIUTYDPANYIDND UPON THE WSUFERtrr$ADPJRSOR REPRESENTATIVES. 1 ACORD28.s(7I9711 of 3 45102092/H98029 17/7'. -I bTR'(VJ D 4. MJATIVE 723 a ACORD CORPORATION 1988 •'Y.IT , Ira I1]II - - ?TAT LLJCC.0 Xna7•T 'M1 THE POLICIES OF DiafizAWELIBTE0 DELOW NAVE BEEN ISSUEDTOTNE WORM NAMED ABOVE FOR THE POLICY PERIOD WDICATEO. NOTNAINSTANDING ANY REOIDDIMENT. TERM OR WNJDIDN OF ANY WHIM= 0H OTHER DOCUMENT WITH 951SP tOT TO WHICH MI5 CERTIFICAIE NAY ME MOW OR MAY PEW," THE It/SOMMEAFFORDED BYTLffPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMS, E<CLUSION3AND COMMONS oF3t 1 AIM AGGREGATE LOOS SNDYVN NAY HAW SEE N REDUCEDBYPAIO O S. LN 5 PO R LICED 'LW T MEOFINSUMNCE POLICY NUMBER � A. MA �INMI TAI OATS RIVO N 1.818T3 EMMA-LMBEN7 EAWOCGURRENC6 5 __-_ COMMEOCIAL GENERAL LIABILITY FIRE DATAWE W% 555 KA) 5 GAOLS MADE El °CCM . Mu ESP Wdoly De5u0 3 PERSONAL 6 NOV INJURY $ GENERAL AGERIFa Tt $ GEM AOODSDATE LIST AP PER: 1 n JECT 1 POLICY 1 LOC PRODUCT&- COMMOPAOO 5 AAUTOMOLSLE LIABLRY - OD MOLE WAIT $ AN Y AUTO COINED — ALL OWNEDAULOS OOILYINAIIRY $ — SdUMULEDALIWB MOO Rune WW1 MARY — NONOWNEDAUTO9 Ter =WEI* _ PROPERTY DAMAGE _ MUM LIADD8 1 AUTO ONLY- EA ACCeENI 5 ANY p THER MAW $ MAY: A00 5 FOLCWE LIABUJLY EACH OCCURRENCE $ AGGREGATE 3 OCCUR • MAIMS MADE 5 DEDUCTIBLE - 5 = RETENNON 8 WORKERSCONPENSATION AND ,,gg��••��tU�-- IV 1TO NWAI PYLIRTS1 I W ELEAGHADObBNT 11,000,000 A EMPLOYERS' 'SAMMY 84W5V3I9329 11/01/01 11/01/02 ELDISEABE- EAUAPIIOYEE =1,000,000 EL DISEAS5- POLICY LRR T 51,000,000 OTHER DESLXUPTMN OF OPSRAHONSILOCATIONSNSHICLESIDOCLUSONS ADOPA BY ENDOR3EAENDSPECIAL PROVISIONS Man IZSs$ ON YJI / %.L1 E6 :ST HILL zoo2/To /8o PRODUCER ACEC /MARSH B00 Market St, Ste. 2600 St. Louie NO 63101-2500 Phone:BOO- 338 -1391 Pra:LEBBB -621 -3173 INSURED Bury + Partners Inc. 3345 Dee Cave R&. She. 200 Austin TX 78746 -692 ',ABILITY INSURANC �� Don """ Dfm -Ol 06/2$/02 74�IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UP011 THE CFRTIRCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGEAFFORDED BYTHE POLICIES BELOW. INSURERS AFFORDING COVERAGE ssussn Hartford Insurance Company INSURER B: MOPING _INSURER Dl INSURER E n co CERTIFICATE OF L bBI COVERAGES CERTIFICATE BOLDER IB IECLUDED AS ADDITIONAL IN PERFORMED BY TEE NAMED INSURED. CERTIFICATE HOLDER INI NOME DEPOT USA, INC. 2455 PACES FERRY ROAD ATLANTA GA 30339 ACORD 25.6 (7197) ,. is � •.TO•KI ADNNIONAL SWAM INSIDER CANLEt1ATION SHOULD ANY OFT NE MOSEDESCRIBW POIAOE3 BECANOELMO BEFORE 6IPIMTIION OATETHCRBOF. THE WOK MJ$USERWHA ENDEAVORTOIOC -3L. DAYS mares HOmI % TO THE CERNNGYE HOLDER NAMED TO THE LEFT. BUT FNU$I TO D0 50 OWL IMPOSE NOOELIOAIION OR LIABILITY O F KIND UPOKTNEDIBVRBH.OS AGE OR REPRESENTATIVES - MONTIDEP AUIHOR¢EO �RPORATION 1988 voo1A tz988 ON YN /Y.L7 et:sT IROI zooz /TO /so Tits canes that STATE FARM FIRE AND CASUALTY COMPANY. Bloomkgton, knoll 0 STATE Insures de Wowing policyholder for the �oownpw Wicked below INSURANCE COMPANY. Bloomington, Minks Nuns of poAeyhaldsr BURY4 PARTNERS, INC. Address of policyholder 3345 BEE CAVES RO, STE. 200 AUSTIN. TX 7B746 LowGmofoperations VARIOUS Dsaerlptlonofoparallant _ PROFES QN}1y SURVEYING SERVICES The pogdu dated below few Man baud 10 the pollapiuWar tar Nr poky patens shown. The mimes datclbed In these pelves Is terms • Wens and eomillona of ffioas .. . The Snas of OIbI , shown in , tae : rsdussd d dolma + ill- 1A1rIL+YOIr111 + r + + POLICY AMBER 0 -GX- 796 -7 utanalndriE ■ Produab- ComNstsdOpersdsns ® Contractual Liability j] Undwpmtnd Naked Coverage ® Personal Injury Advsnldnp Injury 0 E+plosbn Hazard Cowrapa ❑ Canapes Huard Coverage Ed Gawk Amapate Lend apples to each project -EX- 1163 -5 Woken' Comprtaadon end Employes Liability POLICY NUMBER TYPE OF INStptANCS Name end Address ofCal ate Nolte CAPSTONE BUILDING CORP. 3415 INDEPENDENCE DRIVE BIRMINGUAM, AL 35209 (SHOWN AS ADDITIONAL INSURED) 1414114 !AG Paige in U.L& . P /P'd PT8'ON CERTIFICATE OF INSURANCE TIM Dell Ist iadnrdnr ud eoia BODILY INJURY APD PROPERTY DAMAGE EachOceurroneo $1,000,000 Oeneret Adpepats S 2, 000, 000 Prodlrtb- Gamplebd Oparalbns Aggregate $ EXCLUDED (Combined graft LanN Eath Occurrence $ 1STATUTORY Pena BODILY INJURY Each Aoeldant $ Maass EOM Employee 1 Make- IUTY 500 /500/ 00 000 V say of , . rs ..,Ms ire - -. • a asphodel' deb. Stet. Fenn will by to mall a vrlesn nodes to the eatII5c kidder 30 dais before cencivadan. A however, we tell to mall such rrc0ue, no obligation or k NNy vdrhdposed on State Fenn or as agate or 'ONI 'SN3NINH.d +ANFIR WAI,C2C 7Gfi17 i 'Mtli 09/18/2002 WED 16:48 FAX SHEETS & CROSSFIELD P.C. -.-.+ RR -ADMIN 1¢0002 /003 06/18/2002 18:42 FAX 5122105563 CORR PUBLIC WORKS • SHEETS 0 0 1 2/003 0B /18/022 16:33 FAX i1 888 6 21 J173 ACEC ep r� ti e oas25p B Austin (5122. 20 -5654 P _ 2 • CERTIFICATE OF LIIfILITY INSURANCE PRODUCER PARSE OSA/ACEC ECOMMEf SIItrRe ST. I1IAS, ID 001 INSURED ■ e1 a117.•e: THIS IS IT) CERTIFY TRA T the Inured 1cd above is insured by tle Companies listed above withtcspe ctto the business operations hetatsdt dasctlbed, for the types of insurance and in accouter= with the pt 4 &ens of the ateedard policies used by the compsuics, and Esther hereinafter described. Exceptions to the policies are Doted below. CIONEIIAL LIAR/LOY AuTOM09N.E 1.LLeiIurV 9XC8581UA5n.rrr YKDK55lONAL {.IADE.t SEP -1B -2002 17:04 UTTER ROCK, AR 77111 • D Dam 9/17/02 COMPANIES AFFORDING COVERAGE A RIM= =REES CalEgri B CO TWEE OF )NSURANCE POLICY /DEFECTIVE EXPIRATION LTE SOMBER DATE DATE WO/30RO COIg3N5A.ICN AND EMPLOYERS' LUA91LITY DESCRIPTION OPP.RATIO/431.3CA ITEM 7DOCEPTIONS LIDf1TlS CARNEueLAGG10E0ATE s FRODLICTSCOMPIOP AGO. S PESG90NAL& ADE FOUAx 5 5Aszfi OCCUR/MOMS s FIRS OAMAGC (Aeyeae sea 2 14E0. EX,ENSE MC prim) S qO, R SINGLE LASS 8 boosts truism O'er was/ E SODE.Y DOUS.Y (Na oedese S PRpPPRIY DAMAGE 6 EACH ocCuRnENCE AGGREGATE 3 A LIMITS EACH ACCIDENT 51,000,000 04{i'EGGI.9071 11/01/01 11/01/02 tost:ASE_roLMVUsur 51,000,000 D1SRA.sE. EALf 5MP[.OVE5 21,000,000 The CRY of Round Rods is Ieae:l m I eapeei tel aE pallets except WaA¢,s' Cumpeaas0of and Peoployas mousy. Should i' arlhe above deaeiibei, rEac. ae a ese<vea or changed l rlhte Ow expiration date dement the issuing *money cal eaoI ibiar f3O) ea won= voice re. the <eydtbdto holder noted below. CERTIFICATE HOLDER: alb Msuser Gip ofRalmdRodc STGNArtrat ORIZL 3DREPRESENTATIVE 2i.I Main SGcet Hound 7&*, Tess 78608 Typedza.mALFRED A. PET RFESO 710, VICE PRE 9775 =XIX °r? 79S 0D AS A r/ITER CF DEMI= Mr AND MIMS N)BBBI9 IRIB TEE mum= Haulgp. THIS t E18 R'ATP Tim NT MEND, E[02D CE AMR IW CIMRWE AFKEDE Cm of /wee CORR Ore ' TC LICLIE. . DE/1B /E002 NFJI 15:31 [TIM NO 9795] WWI 95% P. 09/18/2002 WED 16:48 FAX SHEETS & CROSSFIELD P.C. + ++ RR -ADMIN 09/16/2002 16:42 FAX 5122180563 CORR PUBLIC WORKS • SHEETS To: eery +Elan Inc: Bury Paer.n BPI flustin Shown. Abed romnilquo,l Sep 17 02 04;14p CERTIFICATE OF LIABILITY INSURANCE PRODUCER State Farm Insurance Companies Ted H_ Heaton, III, Agent 3933 Steck Ave, iB -111 Austin, TX 78759 INSURED Bur'y+Partners, Inc. 1) 1II15 IS TO CERTIFY THAT the Insured named above ;>, insured by the Companies listed above with respect to the b.iness operations hereinafter described, for the types of insurance and at accordance with the provi40113 of the standard policies used by lb: companies, and further hereinafter described. Exceptions to dm policies are noted blow. CO TYPE OF U SURANI".1( POLICY EFFEC[lyE EXPIRATION L1 . NUMBER DATE DAM OGNesult.Aa/t.rY GENERALAOGREGATS 5 2,000,000 PRODUC7SCoMPmeAGG. SEXCLL;DEO PIJLSONAL LADY. INJURY 1 EA CI( OCCURRENCE 51,000,000 PRE DAMAI:F (Aey one dm) S NED. FJ(PDJSE me palm) S A Business Liability 90 -GX- 8796 -7 01/26/0z -03 AUSV.MO91LE UAOILr1'Y C Business Automobile 370077453 05/01/02- 11/01/02 EXCESS LIABILITY 1) Excess Liability 90- EX- 1153 -5 01/26/02 -03 PROFESSIONAL l ma Inv DI'SCRWTION OFOPERATIONS /IOC \LIONS A'xtOCLES/6P [TEMS.P.XCFr110)eS Professional Surveying Services C ol le ln sur CORR.aa SEP -1B -2002 17:04 (5121326 - 585 4 Date: 09/18/02 COMPANIES AFFORDING COVERAGE A State Farm Lloyds State Patin Fire & Casualty C State Farm Mutual Automobile ICJUU3 /UU3 ®003/003 9/10/2002 062016PM pos. 1.I 1 p.2 COMMJ:ED SINOL6 LIMN a BODILY INJURY(Pape,al) 5 500, 000 Rome .v NrNRY tear acddar.) S 500,000 PR0IP911T? tI.MAOE $ 500, 000 RAC) IOCCI,TtRENCE 35,000,000 AGGREGATE 55,000.000 Vomit R5' COMPEASA1 ON. VDU I:MPWYFR/ LIABILDY STATOIURY LIMITS ancriACtlU1Tl' Y DISEASE -POLICY LIMIT S DISEASE- EACH EMPLOYEE 5 The City ar&annd Rock named at. additional innved wish nApecr m all polic ecccpt Workers' Compenation and Employers' LNbilita. Should any of the&LOyc dvcdbed xlicks been fled or changed boron Om expiration datet her eof, the ifaoils company uel0 mril I1.My (30) days wrines nolite ro the oetd0eato tnldcr lump] below. CERTIFICATE IlOI.DER: City Manager City of Reund Rook 221. E. Alio Sled Rouni Rock, Tao¢ 72664 51GNACUR OP AUTHORf2$u REPRFS1iNTA'nyE Typed Name: Tod H. ktaaton. 111 T(de _ Anent 09/19/2002 WED 15:56 (TX/R/ NO 9797] eon 95% P. 03 i Citywide Sidewalks Bury + Partners Project Scope DATE: September 6, 2002 SUBJECT: City Council Meeting — September 12, 2002 ITEM: * 13.C.2. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with Bury + Partners, Inc. for the G.O. Bond Citywide Sidewalk Project, Segment 2 Project. Resource: Jim Nuse, Chief of Operations /Assistant City Manager Danny Halden. P.E., City Engineer History: The City reviewed statements of intent and qualification from a number of engineers and performed interviews with the qualifying firms. Bury +Partners was selected as one of the firms to provide engineering services for the Citywide Sidewalk project. This segment of the Citywide Sidewalk project will provide sidewalks along one side of the following streets: Hermitage Drive, Latigo Trail, Fawn Ridge, Hunter Trail, Hollow Tree Boulevard, Oak Hollow, Robb Lane, Egger Avenue, Nancy Drive, Wayne Drive, Ferndale Drive, Deerfoot Drive, Bumet Street. Funding: Cost: $ 27,580.02 Source of funds: G. O. Bond -2002 Outside Resources: Bury+Partners Impact/Benefit: Provide safe walkways for pedestrians, improve the appearance and appeal of the area. Public Comment: N/A Sponsor: N/A r — ROUND OCK, TEXAS ION PROSPERITY THE STATE OF TEXAS COUNTY OF WILLIAMSON NOW, THEREFORE, WITNESSETH: CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. RECITALS: CONTRACT DOCUMENTS 1 Re: G. O. Bond Citywide Sidewalks Contract No. THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the 12th day of the month of September, 2002, 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 Bury +Partners, Inc. whose principal place of business is located at 3345 Bee Caves Road, Suite 200, Austin, Texas 78746, (hereinafter called "Engineer "), and such Agreement is for the purpose of contracting for professional engineering services. WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 SCOPE OF SERVICES TO BE PERFORMED BY CITY City shall perform or provide services as identified in Exhibit A entitled "Services to be Performed by City." ARTICLE 2 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be Performed by Engineer." Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Agreement may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all work performed. Should the review times take longer than shown on the Work Schedule, through no fault of Engineer, additional time may be authorized by City through a written Supplemental Agreement only if same is requested by a timely written request from Engineer which is approved by City. ARTICLE 3 CONTRACT TERM (1) Term. This Agreement shall be from the date hereof and shall terminate at the close of business on the l day of the month of October, 2003, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as provided in Article 20 entitled "Termination." Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he /she /it determines, or reasonably anticipates, that the work under this Agreement will not be completed before the termination date. In that event City may, at its sole discretion, extend the contract term by timely written Supplemental Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time extension by City prior to expiration of this Agreement. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. (3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 2 ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for all engineering services performed and to be performed under this Agreement. The amount payable under this Agreement, without modification of the Agreement as provided herein, is the sum of Twenty -seven thousand five hundred and eighty dollars and two cents ($27,580.02) as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by written Supplemental Agreement in the event of a change in scope, additional complexity from that originally anticipated, or change in character of work as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer for services rendered shall be made while work is in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of work tasks identified in Exhibit D entitled "Fee Schedule." Progress payments shall be made by City based upon work actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory work performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. 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 In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which City receives the supplies, materials, equipment, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply to payments made by City in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non- disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. Danny Halden, P.E. City Engineer 2008 Enterprise Drive Round Rock, Texas 78664 (512) 218-6610 (512) 218-5563 ARTICLE 6 PROMPT PAYMENT POLICY ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with work identified in the Scope of Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional work not included in Exhibit B entitled "Services to be Performed by Engineer." ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this project. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineer's services. Engineer's Designated Representative for purposes of this Agreement is as follows: Curtis Morriss, P.E. Bury +Partners, Inc. 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the work, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the work. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of Engineer's services and work. Should City determine that the progress in production of work does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by 5 agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day notice may be waived in writing by agreement and signature of both parties. If City suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise. City assumes no liability for work performed or costs incurred prior to the date authorized by City for Engineer to begin work, and/or during periods when work is suspended, and /or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL WORK If Engineer forms a reasonable opinion that any work he /she/it has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, he /she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Agreement will be executed between the parties as provided in Article 13 entitled "Supplemental Agreements." Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If City deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional work and paid for as specified under Article 11 entitled "Additional Work." Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by City Council Resolution. Where such City Council authorization is required, Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation." 6 Both parties must execute any written Supplemental Agreement within the contract period specified in Article 3 entitled "Contract Term." It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until City grants full execution of the written Supplemental Agreement and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of City and shall be fumished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Agreement. Engineer, at his/her /its own expense, may retain copies of such documents or any other data which he /she /it has furnished City under this Agreement. Any release of information shall be in conformance with requirements of the Texas Open Records Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall famish and maintain, at his/her /its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the project when so instructed by, City. Engineer certifies that he /she /it presently has adequate qualified personnel in his/her /its employment for performance of the services required under this Agreement, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from City. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by City prior to work being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, 7 then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Agreement, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all services and obligations described herein. Should City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the work performed by Engineer prior to termination, City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should City terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Agreement or if City terminates this Agreement for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by 8 Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to City, the cost to City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may take over the project and prosecute the work to completion. In such case, Engineer shall be liable to City for any additional costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the scope of services under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her /its compliance. Engineer shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her /itself and his/her /its agents or employees, performed under this Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Engineer shall also save and hold City harmless from any and all expenses, including but not limited to attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such activities by Engineer, its agents, or employees. 9 ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make necessary revisions or corrections resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and /or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON - COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non - collusion. Engineer warrants that he /she /it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Agreement, and that he /she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her /its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect minimum insurance coverage in the amount of one million dollars ($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, minimum insurance coverage in 10 the amount of one million dollars ($1,000,000.00), including the required provisions and additional policy conditions as shown immediately below in Subsection (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: (3) City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 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) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Engineer. The term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and /or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Engineer and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. (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 herein as Exhibit F entitled "Certificates of Insurance." 11 ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Agreement, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 33 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 34 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: 12 City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Bury +Partners, Inc. Attention: Curtis Morriss, P.E. 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 ARTICLE 35 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Engineer's failure to perform in these circumstances, City may withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 13 CITY OF ROUND ROCK, TE By: ATTEST: ENGINEER: By: ATTEST: By: Si nature of Princ Pn ed Name: Corporate - retary ARTICLE 36 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 Agreement and that he /she has full and complete authority to enter into this Agreement on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing City to enter into this Agreement. IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. )3e, , approved by the City Council on the /a, day of the month of i5EPTE/71QE/2, , 200_Z_, and Engineer, 3w2 y-1, PPeTNE,e s, rNC . , signing by and through his/her /its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. By: '1 J )t iCiAtql. City Secretary 14 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks LIST OF EXHIBITS ATTACHED (I) Exhibit A "Services to be Performed by City" (2) Exhibit B "Services to be Performed by Engineer" (3) Exhibit C "Work Schedule" (4) Exhibit D "Fee Schedule" (5) Exhibit E "Work Authorizations" (6) Exhibit F "Certificates of Insurance" 15 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT A Services to be Performed by the City The scope of services to be performed by the City is to administer, review and inspect the design and construction of sidewalks generally as shown on the attached map. Specifically: 1. The City will provide a Project Manager to serve as the primary point of contact for the Engineer. 2. The City will provide assistance with local coordination meetings. 3. The City will provide electronic copies of the border sheet, title sheet, plan & profile sheets, City General Notes and Specifications. 4. The City will provide any previous geotechnical reports for the vicinity of the project, if available. 5. The City will acquire any right -of -way necessary to construct the sidewalk improvements. 6. The City will actively participate in project reviews occurring at preliminary recommendation phase, 25, 50, 75 and 90 percent (final) PS &E design and will return comments to the Engineer within fifteen working days. A review meeting will follow the City review. Because of the critical timeframe of the project, any time delay in the City review will be considered as additional time to the Engineer. The review time of any agency, including the City or stakeholder will not be counted against the Engineer's completion date. 7. The City will cooperate, respond and participate in the development of the project. The City, as well as the Engineer, is an integral part of the project team. 8. The City will provide existing development plats and proposed development information. 9. The City will provide all appraisals, acquisition, title searches and property management tasks for the project. 10. The City will provide existing roadway drainage plans. 11. The City will process check requests for permit applications (TDLR, TNRCC, etc.) 12. The City will assist in the coordination of City utility locates and relocations. 13. The City will submit any required agenda items for City Council. 14. The City will advertise the project for bids. 16 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury+Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT B Services to be Performed by the Engineer Project Limits: The Woods/The Hermitage/Sam Bass Trails: • Hermitage Drive — from Sam Bass Road to Latigo Trace • Latigo Trace — Hermitage Drive to Rustlers Road • Fawn Ridge - Hermitage Drive to Hunters Trail • Hunters Trail — Fawn Ridge to Passage • Passage — Hunters to Hollow Tree • Hollow Tree — Passage to Lantern Light Egger Acres/Mesa Park: • Robb Lane — from Bowman Road to Virginia Dr • Egger Ave — Bowman to Palm Valley Blvd • Nancy Dr — Egger to Mesa Park Dr • Wayne Dr — Egger to Mesa Park Dr Downtown/Lake Creek/Dove Creek: • Femdale — from Lawnmont Dr to Greenlawn Blvd • Bumet — Park Lane to Deerfoot Dr • Deerfoot Dr — Burnet to Dove Haven Dr Length: Approximately 15,000 If total County: Williamson 1. The work performed by Bury+Partners, Inc. (Engineer) under this work authorization shall consist of providing engineering services required for route and design studies, schematic design (preliminary recommendations), public notification/involvement, field surveys /data collection, utility identification, geotechnical studies (if required), geometric design (addressing accessibility issues, drainage, utility/ irrigation /tree /landscape conflicts), right -of -way plans (if required), and a complete set of construction documents (plans — if required, specifications, and estimates). All work performed under this contract shall be subject to review and approval of City of Round Rock. The Engineer will provide overall project supervision, management, administration, and coordination and will be the single point of contact between the City of Round Rock and all Bury+Partners, Inc. subcontractors. 2. The project limits are defined above. 3. The engineering work required under this work authorization is outlined according to each task to be performed in the following Work Outline. The Engineer shall furnish all equipment, materials, supplies, and incidentals as required to perform the above - mentioned engineering work except as otherwise specified in "Exhibit A" which precedes this section. 17 4. All work on the project shall conform with the applicable requirements of the City of Round Rock, Texas Department of Licensing and Regulation (TDLR), and the Texas Natural Resource Conservation Commission (TNRCC). The Engineer will process the project through the applicable permitting agencies. 5. The Engineer will meet with City of Round Rock representatives on a regularly scheduled basis to report progress. Map drawings, bar graphs and reports may be used to present the project progress. Upon completion of the meeting, a meeting summary will be prepared to document project progress. A brief progress report will be furnished each month with the submission of the project invoice. 6. The Engineer will prepare the necessary environmental documents in accordance with and containing all the information required by the City. Sources of material will include data received from the City (see Exhibit A), federal agencies, other state and local governmental and quasi - governmental agencies, local libraries, and field investigations. The documents will be prepared using the format set forth by the City. 7. Responsibility for the ongoing public involvement process will be assumed by the Engineer. 8. The Engineer will prepare construction plans, details, and notes for this project on 8'/2" x 11" or 8'h" x 14" pages to be included in the project manual. The plans will contain information necessary for construction and will generally include the following: • Overall site map depicting the limits of the project • Plan sheets detailing the horizontal location of the proposed improvements, existing features (curb inlets, fire hydrants, obstacles) impacting the proposed alignment, and applicable general construction notes. • Detail sheets specifying construction details for the typical sidewalk sections, pedestrian ramps, driveways, erosion control, traffic control plans, and specific construction notes. 9. The Engineer will develop the project using the English System of Measure. 10. The Engineer will be responsible for the geotechnical design required for the project. The Engineer will verify that the typical subgrade preparation called out for in City of Round Rock standards is appropriate based on experience with subsurface conditions in the area. 11. Specification documents will be furnished on diskette in MS Word format. 12. The Engineer will prepare the project for bidding by performing the following tasks: • Prepare advertisement • Facilitate bid process • Tabulate bids • Make contractor recommendation • Submit Council Agenda Item • Present recommendation to Council 18 13. The Engineer will provide the following construction phase services: • Weekly site visits • Respond to design questions /clarifications • Address citizen concerns • Review /approve shop drawings and change orders required due to unanticipated conditions (i.e., utilities, etc.). Addendum for clarification and change orders resulting from errors and /or omissions to the construction drawings will be provided by the Engineer. • Review pay estimates 14. The Engineer will provide the following tasks for Project close -out: • Final walk- through with City Project Manager • Final Pay Request • As- builts • Engineer's letter of Completion • City's letter of Acceptance 19 t ROVN RO G� P� S A N 3 .0 0 ' tzo PALM VALLEY BLVD LOGAN ST Citywide Sidewalks Bury + Partners Project Scope 'nanpnou:TOA CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT C Work Schedule (Behind this page) 20 PIMEeIMMIII >ffaa EEEMINm® ®ama WIIII M2MMM a MIErall IMMO aZEMIa rrI azmaMIENamn„sa rMENIIMEMMUaMIEME:1 Milts MIZa M ®ate ,wwt>Ax on iaw a sitaia irviNUe oss,. suwmtaams5 .... iMai tam vtcm Damao oaaamimi • rn eieyinww ta w.nn"ne pana rs • FA xmux . cwaic iaw sn SalmS bmmunruW Cathie taw AM B•49 "owamrenseatm:.wYaoat • 't aw'" ,.tat,x qrm- oA..'.nrerv'n ... an w.i tmmx -- cwup'Piwemrxy Mxanr:eroals " "' - taw xwi'disvi An Men. lawn xlNSa. swam+ - wen. C«eiti . - s 5m 05015005515.1.5 amain orOas to den 5 To Mann Co naei.asiwes - Mon Mon lmtm cai.a ol..wam 54e+ - nt:tmwz saw.' opvn� Pu n�m.a - ... - oirei ♦5.teiatix nnem'ma rin ePa - ' i - ew " " M 102102 Ed e milt aunaxaw Mat Tu i a i ni i e.tlnee. da m - . imm eam 'M. it der,. tde cumucroccurieNn ttem' iu. 11050 Prwve cae:e Maki mama, bass - .. 'S drys Ma tram w.Peandrcdwnsn xan amid ttrwax .. abAarisnee ... isdryi - 'nriinp� gap o d e gmcm mu tn,a ,mirere ..... Odin, - iVOe tititi$ • Ewa. a ... - t w' 'Tu imm ea &aid fi m�tarm riad a.wamnen m - - d., - 01 bix rneoi N•�a = e.m C.d.'s,' 'Mtnan calnan..aa craws ' Ito ro 7110 119203 Cm, s dam sans. sW taaas smrrvivaSa+, MOrate bop id a.u' " 7iru beu 'aawp' muvo. - wnseioe Cambam G ain w.e'ariiide ama.10,1 005E057 am r.0 alma 0ilnwailfiaM' ... .. t nueit- nagm Mon 6/10115 mmrac .... taw Maibimoe rua Atmomiw .. o "awz Mai'aHew Wen City of Round Rock Sidewalk Improvement Projects Phase I - Segment 2 0 uo apm BPI Praemil 51 05 ma MMa o of P 3I.� Pa tiers {�olls�It�r� 1 ti r °ve oo 4 f!. Labor Costs: DIRECT LABOR OVERHEAD % TOTAL Labor + Ovhd FIXED FEE TOTAL COST 1.69 13% I. PROJECT MANAGEMENT $1,067.08 $1,803.37 $2,870.45 $373.16 53,243.60 II. SIDEWALK DESIGN $4,111.28 $6,948.06 $11,059.34 51,437.71 512,497.06 III. PUBLIC /PROPERTY OWNER INVOLVEMENT $504.50 $852.61 51,357.11 5176.42 $1,533.53 IV. SOCIAL ECONOMIC AND ENVIRONMENTAL STUDIES $274.44 $463.80 5738.24 $95.97 $834.22 V. GEOTECHNICAL ENGINEERING $0.00 50.00 50.00 $0.00 $0.00 VI. TRAFFIC ENGINEERING SERVICES 550.72 $85.72 $136.44 $17.74 $154.17 VII. UTILITY COORDINATION $0.00 50.00 $0.00 $0.00 $0.00 VIII. CONTRACT DOCUMENTATION SUPPORT 5481.76 $814.17 $1,295.93 $168.47 $1,464.41 IX. DOCUMENTATION COSTS (REIMBURSIBLES) $250.00 525.00 * $275.00 X. BID AND CONTRACT AWARD SERVICES $417.06 $704.83 $1,121.89 $145.85 $1,267.74 XI. CONSTRUCTION SUPPORT SERVICES $1,658.00 $2,802.02 54,460.02 $579.80 $5,039.82 XII. PROJECT CLOSEOUT $417.96 $706.35 51,124.31 5146.16 51,270.47 TOTALS $8,982.80 $15,180.93 524,163.73 $3,141.29 527,580.02 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury+Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT D Fee Schedule * Cost +10% 21 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury+Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT E Work Authorizations (Behind this page) 22 CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH Bury +Partners, Inc. Re: G. O. Bond Citywide Sidewalks EXHIBIT F Certificates of Insurance (Behind this page) 23 Zoot 1ZS88 ON X21 /LL] £fi :ST MI ZOOZ /T0/80 BBD. CERTIFICA'E OF LIABILITY INSUP LANCE THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ALTER AR THE THIS COVERAGE AFF BY T 'T HE EXTEND BELOW. . PRODUCER USI Insurance Services of TX 1946 South IH -35, Suite 301 Austin, TX 78704 512 443 -0878 INSURED J Bury + Partners, Inc. 3345 Bee Caves Road, Ste 200 Austin, TX 78746 DATE (MMIDDm) 04/02/02 INSURERS AFFOROINO COVERAGE INSURERS DPIC Comp INSURER B: INSURER C: INSURER D: INSURER COVERAGES PERIOD INDICATED. NOTWITHSTAN � POUC1ES OF MSURANCE LISTED BELOW HAVE REOUElEMENT: TERM OR CONDMON OF ANY di CTH DOCUMENT N fl y 8P TO W HCH c8TITFICAlE MAY ISSUED O MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCES DESCREED IIEREM IS SUBJECT TO ALL THE TOMS. ExCLUBIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIJLALS. Ist TYPE OP INSURANCE POUCYNUNGER ... w� r: On T " r A I i T d• +'L. LIMITS A GENERAL LIAEILJTT COMMEACIALGENERALUAEIUTY OLAIMSMADE❑ OCCuT1 GEM. A8ORE1AA1 I E LIMB APPLIES PER: 7 .GL icy I f L spgif n Loc AUTOMOBILELIAEILITV ANYAUTO ALL OWNED AUTOS _ SCHEDULEDAUTOE HIRED AUTOS NON -OWNED AUTOS GARAGE UABIUT' R ANT AUTO _MESS LIABI OCCUR Li CLAIMS MADE R DEDUCTIBLE RETENTION • _ WORkERBODMPENEATION AND EMPLDYERS LIABILITY onERprofessianal Liability AEE0225003 CERTIFICATE HOLDER I 1 Aoel *Lws o:N tETTTac 02/06/02 02/06/03 A HORI2EDR NTATIVE E A014 DDOURRENOE • A FIRE OHMAGE one t MED MP MMus, POWs/ PERSONAL A *DV INJURY D SINGLE LIMIT E ODILY INJURY tPslpenml AUTO ONLY. EAADOIDENT oThE THAN EAACC AGO EACH O - !LAWRENCE AGGREGATE E.L. EACH ACCIDENT E.L.DI a18 5AEMPLOYEE • • • GENERAL AGGREGATE PRODUCTS -COMP /CPAGG S • EODILYINJURY PROPERTT DAMAGE �ee,:P sht) S $ s • • • E.L. DIBEAEE- POLICT LIMIT $1,000,000 per claim $1,000,000 annl aggr. DEGORVRION OP OPERATIONEIL0CATI0NWVENICLEEIETLOLUSIDNGADDED EYENDORSEMENT /EPECIALPROVI&oNs *Except in event of non payment ** Supplemental Name ** Bury + Partners, Inc. Bury + Partners Holdings, Inc. (See Attached Descriptions) CANCELLATION GiCUU )ANTOPBEABOVEDEEDRBEOPoLOEs LECANCELLED OEPORER EE7PE CION DATETHEMOF.THEN UI 5INEURERwLLLENDEAVORTDMAII T fl * DAYEWNTmEN NOTICETOT}E DERT5ICATE It8LD61NAMEDTOTHE LEFT. EUTFNLURE To00D01 1$ .. IMPOSE NO OBLIGATION OR IIABILITY UPON THE INSUIERITB AGENTS OR REPRESENTATIVES, Bank One Real Estate Project Accounting P.O. Box 71 Phoenix, AZ 85001 Attn: Lori Bell -AZ1 -1166 AcoR02640m711 of 3 .5102092/M98029 4/2'd ITB'ON 7 23 a WORD CORPORATION 198E ' ON I `5 +Aafli WdES : E 2002 '01-11:1 2000 [22811 ON DI /YZI et :ST (ELL 2002 /T0/90 ,CORD CERTIFICATE OF L ABILITY INSURANC ACBC /MARSH 000 Market S. Ste. 2600 St. Louie MO 63101 -2500 Phon.L800 -230 -1391 7 =L888 -621 -3173 14555555 55ED Bury + Partners Inc. 3345 Dee Cave R.d- S. 200 Austin Tx 78746 -6092 o 06/25/02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERk Hartford Insurance Company INSURERS: INSURERC !MEURERD: INSURERS COVERAGES _ _ THE ANY REQU IA IREdENT, TERM CONOITI OFANN CONTRA CT OR OTHER DOCUMENT WITH R6spECTTO WHICHTHiS C.ERTIPICATE MAY F /BELIED OR ENO MAY PERTAI THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN CI SUNJECT TO ALL THE TERMS, EXCLUSIONS AND CONDOTONS OF SUCH P OUC5& AGGREGATE UNITE SHOWN MAY RAYE SEEN REDUCED STEAD CLAIMS. LTR g2 741 A TYPEOPINSURANCC GENERALUAOUTY T COMMERCIAL GENERALLMSIUTY CLAIMS MADE E OCCUR GEML AGGREGATE LIMIT APPLIES S P — 1 POLICY n ,Frei I 1 T LOC AUTOMOBILE LIABILITY ANYALRO ALL OWNEDANOS — sCHE0UI.EDAUTOs HIRED AVT08 NON.OWN EAUTOS GARAGE LIABILITY oar am EXCESS LIABILITY OCCUR 0 CLAIMS MADE D DUCTIELE - RETENTON it Minn COMEENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER 849I15VFr9329 CERTIFICATE HOLDER I N 1 ADDITIONAL INSURED: SOURER LEI SER — NONE DEPOT USA, INC. 2455 PACES MARY ROAD ATLANTA GA 30339 HONEDEP 11/01/01 11/01/02 D SDCRIPTION OF OPERATIoNSLOCATIONSNSISCLEWEXCAUsIONS ADDED SY ENDORSEMENTISPEDIAL PROVIIICNS CERTIFICATE HOLDER IB INCLUDED AS ADDITIONAL INStUU"D AS RESPECTS STORK PERPORICID BY TES NAMED INSURED. LIMITS EACH OCCURRENCE 5 FIRE DAMAGE (Arry one BO MED ESP WyoMPswJ PERN'ONALSADV INJURY GENERAL AGGREGATE P RODUCTS - COMP/OP AGO EIIN MOLE UMIT (Es ILA RY (Per person) T RmdMU P OPERTY DMMGE P'aaadden9 AUTO ON EAACOONIT AUTO ONLY•. EACH OCCURRENCE AGGREGATE EA ACC AEG I TOIO' UMNTSI I" E.L. EACH ACCIDENT E.L D0EABE- EA EMPLOYEE E.L DEEASE- POLICYWAY S S $ $ 5 81,000,000 .1,000,000 51,000,000 CANCELLATION SHOULD ANY OP THE ANNE DESCRIES, POLICIES UE CMICEIAED BEFORE TIE INPIRAYIOI■ DATE THEREOF. THE ISSUING INSURER WILL $NDEAVORTO MAIL -. DAYS WRITTEN NOTICE TO THE CIRTIPICATE HOLM NAMED TO TIE LFFT. BUT FMLURETO DO BO SHALL IMPOSE No OBLIOATION ORLIABILITY OP ANY MIND UPON THE INSURERR, TINS AGENTS OR R FAESPNTAOVES. ACORD 25-5 MN) P/E'd PTB'ON AUTHORIZED REPR ENfA'RVE CCCORPORATION 1955 'DWI 'S213N12Ud+. I0 WdES : E 2002'T .oriel 400E [MR ON XZ[ /XLJ £4:ST OHS ZOOZ /T0/80 CERTIFICATE OF INSURANCE ma codifies that STATE FARM FIRE AND CASUALTY COMPANY. Bloomington. ISno,s 0 STATE FARM GENERAL INSURANCE COMPANY, Bloomington, OMNI Inure the following policyholder for Nis mangey Indbtted below. Nemaofpolicyholder RURY4 PARTNERS . INC. Addraµdpolicyholder 3345 BEE CAVES RD, STE. 200 AUSTIN, TX 7B746 Locution of operations VARIOUS DesalptIon of operations PROFESS op SURVEYING SERVICES The policies Noted below have boon Iwued W r far Ina policy period. shorn. The Inauana dualbsd In these polkas Is I terms ' - Worn and e»ndnlone of those • . .. , The Imes of Osbl shown m reduced b d dolma rl.'IT • • TYPE OF INSURANCE 01 6 0 03 EXCESS LIABILITY ❑ Umbrella • EJhetive Dace Baobation Dab 01/26 02 01/26 03 . • - . • -- *rO< ,n: i POLICY NUMBER O- GX- :79• -7 rocsIndUdSS -0X- 1163 -5 POLICY NUMBER Products - Comldibd Operations It CardreeWsi L4bNly p Underground ward Coverage Personal Injury Advertising Inpay ❑ Opinion Hoard Coverage 0 Colsped Hoard Covwtgs EN Gensrtl Aggregate Line apptl« to elan poled Walkers' CompunsWan and Employers LlabSly hnl of .. N • OILY INJURY PROPERTY DAMAGE Each ocaunInoe N1,000,000 General Aggregate 52,000,000 Prodigal • Completed Operations Aggregate $ EXCLUDED '• • I NJU (Combated Single UM) Each Occur»na $ 1. _ to Part 1 ST A T • RY Part 2 BODILY INJURY Each Aoadant 5 Disease Each Employee 5 DMNoo- - Um IMA=rT511 or Iar Ao1x4c .+w• »rb11DYwbailrlrLrkwtrY31 • r r • / r OiOrn:I 1 •/ ∎1•41 BE r r IEIIIQ• - 144 1 EI 2 • • r r 0 . 0 000 Name and Address of Certilcats Holder CAPSTONE BUILDING CORP 3415 INDEPENDENCE DRIVE BIIRMINGHAM, AL 35209 (SHOWN AS ADDITIONAL INSURED) IfFON ■ I• cad ■ U..J1• V/V'd VTB'ON 1 /] e • tin Vl !/Y , �+ RoorM TIM Dell o2'j� —pest•+ M teprtfIon dab. Mete Penn will to mak a women mama the aergncatt holder 30 days before osnoiNNbn. M however, va MN to meN ouch native, no obligolion or NabM1y nth be imposed on Salta Fans or Its agents or rtpntatNntivu. 'DWI 'SJ3NLNUd +A2I1H Wd'G:E 2002'T '9(u 09/18/2002 WED 16:48 FAX SHEETS & CROSSFIELD P.C. 4++ RR -ADMIN 41 OUi /UU7 09/18/2002 18:42 FAT 5122185583 CORR PUBLIC WORKS oty4 18:33 FAX 1 889 821 3173 ACEC ep � i z 0412 p BPI Austin CERTIFICATE OF LIABILITY INSURANCE 9117/02 PRODUCER ruse t;8/ear FAD 140Xla saw ST. raw, to 6ct1u1 INSURED 1 11',1 MIn•/: CO TYPE OR INSURANCE POLICY METEC77VE EXIPIDAfIO0( LTD NUNIDBR A QINESAL LIABILITY AUSOMOBRz UABturnt BX4466 LIABILITY PROMS:RONAL I.t*DLG'Z I189CRtrnox 01= onalAnotest.3CA SEP -18 -2002 17:04 BC. L131bE ROl$, AR 77211 B4141GGL9071 11/01/01 DATE DATE 4 SHEETS j002 /003 Ooh (5121328 - 5554 COMPANESS AVOWING COVERAGE A IRAI:DOWD INSURADEE OIRANY C TIMIS TO CERTIFY' TEAT the Insured named above Is insured by the Companies listed above with respect to the business operations hereinafter desonbed, for the types of insolence and 172 accordance with the pcuride s of the aumdard policies Used by Its eomPanics, and Ruth= hereinafter described. Exceptions to dm policies are noted below. GENSRALAGGIl80ATE PRODUClSCOMPAP AGO 5 PERSONAL& ADV. INNRY $ EACH OCCURRENCE 5TRS DAMAGE(Aay Cue) MiED_ WOMB AN a.le Cu) pn,e 8 COI5Bp1®SNGLE UNIT 9 BODU.Y o cuRY (Po po m) S BODILY EMILY (Pavdie»O e YRoPPn5Y DAMAGE 6 EACH OcoURP.r1dce AGGRs/won WORDS CONPENEA1K N AND ENQioyEas• L LABILITY 5YA1UIORIt LIMITS P -2 FACHACCm5+T 31,000,000 11/01/02 blsEti4E- Poicle then s1,000,000 0IssA$E- EACHNow= s 1, 000 , 000 The CI16 of RRuod Rock is men; L m bssmee ICapotL m a0 poheles except Weems Comptomeee and Parydoyers' Lis58/95. 5hoeld 283.9r9ur above deanibei• poN ire be l=¢Dd or ellaeged be &re the migraine date alsrent the laving mmpaY *'E s iI &A a0) days $ertItso Rodeo to the eallPoata [older maned below. cERDB1CATEHOLDBR Cit Manes • C) o£R mmdltoAc 21.1 MsIn Stress Bound &N S. Tenn 78664 AWES SIGNATURE OF A 02125D T ALFRED A. PETRPES0 716,, VICE PRRSIDENT TJ$ = 7133.217 AS A =ER cs wawa= 1141X AND moms N] Run am TEE MIER. THIS =EEC TOES 119r /mu, now D <R mat 1EE mum 07:033 Comtism CORR. TAG M UMS. 89/19/2002 RED 15:31 [71 /21 NO 9795) 1 001 95% P.02 09/1p/2002 WED 16:48 FAX SHEETS & CROSSFIELD P.C. 44. RR -ADMIN 09/18/2002 16:42 FAX 5122165563 CORR PUBLIC WORKS 4 SHEETS Sns+n.Abm (Ormirla,nl sa: auly 4Pamas In= Ow P.dnw, Sop 17 02 04:14p BPI Dustin (5121328 - 5694 CERTIFICATE OF LIABILITY INSURANCE PRODUCER - COMPANIES AFFORDING COVERAGE Stara Farm Ineurancc Companies A State Farm Lloyds Ted H. Heaton, III, Agent 3933 Steck Ave, 08 -111 B State Farm Fire & Casualty Aus ;in, TX 78759 SNSURED C State. Farm Mutual Automobile Buty+Partners. Inc. D THIS 15 TO CERTR'Y TILA'T the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter deseribtd, for the types of !issuance and in accordance with the provisions of tht standard policies used by Ile: companies, and further hereinafter deseribcd. Exceptions to the policies are noted below. CO TYPE OP INSURANCIt POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE OUILVL we: try A Business Liability - 90 -GX- 8796 -7 01/26/0'1 -03 AuT3}Ios1LE UAOILSI'Y C Business Automobile F70077453 05/01/02 - 11(01/02 EXCESS LIABILITY EACH OCCURRENCE: 3 5, 000,000 AGGREGATE 35,000,000 — N ORN:C S COMPENSATOR AND EMPLOYERS' 13AB U Y SIATL WILY LIMITS 1I Excess Liability 90 EX 1163 - 5 01/26/02 - 03 PROFESSIONAL LIABILITY Cot ora.mr CORK Ass SEP -18 -2002 17:04 Tide: Agent Date: 09/ 18/02 OENmALAms.EGAIS 62,000,000 PRODUCISCOMPr3p sEXCLCDED P1a.SCAALe.AOV, LWURY 5 EACH OCCURRENCE 51,000,000 FIRE IIAMAR bAty one die) 5 MED. EXPENSE (My ono poson) 5 COMOONRGsINULS ruin' 5 9ooiLY tNIURY(Perpnsot) s 500,000 aOOU.r INSURY (Per asehlere) S 500,000 PRCIPRRTY DAMAGE 5 500, 000 BACIAcciamr 5 DLSEAZE- POLICY LIMIT 3 DI1PA56- EACH EMPLOYEE S tofscsomosororamAnonsexcwossivtelalalrDDAttiemstuommohs Professional Surveying Services T1ta Qty ar'Rpund Renck u named a. additional maned milk respece ca ,8 policies accept Workers' Compensation and Ertployca' l;wbllity Should cny of the Ybpye dwedbed elides be ...died or changed before thi eapirodon date thereof, the anal company wet mail thirty (30) days wain neliee ro th a cetifioalc L elder lump) bylaw. CERTIFICATE 1101.D ER; City ldnoagcr City of Round Sock 221 F.:Asim Strad Rouni I (ock, Toms 71:66a SIGNACUR OP AUTHORIZED R6PRESE NTAI1VE . rrt. Iypeattwm: Tad R. Heaton, III 09/18/2002 WEB 15:56 171/RX NO 97971 0001 95% 4IUOJ /UUJ ®003/003 a M=204.0031Ar.1 P.Y. 1 a t p.2 P. 03 ROUND PUIPOSEINSlOM PRO5PFM1 DATE: May 20, 2003 TO: FROM: Mianne Haley']I�°� Engineering Admin. RE: cc:- File CITY OF ROUND ROCK INTEROFFICE MEMORANDU11 ECp MAY 21 2ne, Christine Martinez City Secretary Proof of Insurance for Bury + Partners Please find the attached documents from State Farm Mutual Automobile Insurance Company with updated information for Bury + Partners who are under contract to the City for work included in Council Resolution R2002 0912 13C2. If you have questions please call Ruth Haberman at 218 -6605. Public Works Department Texas Business Auto Coverage Form Declarations -Page 1 ' State Farm Mutual Automobile Insurance Company 8900 Ambergglen Boulevard Austin TX 78729-1110 ITEM ONE:ADDITIONAL INSURED AND MAILING ADDRESS 53-6446-74UA CITY OF ROUND ROCK ATTN: CITY MANAGER 221 E MAIN ST ROUND ROCK TX 78664 -5271 NAMED INSURED: BURY + PARTNERS INC; BURY + DO NOT PAY PREMIUMS SHOWN ON THIS PAGE. SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE. FORM OF BUSINESS: ❑ CORPORATION ❑ PARTNERSHIP ❑ INDIVIDUAL 10 OTHER ITEM THREE: SCHEDULE OF COVERED AUTOS YOU OWN 155 -3866 bTX.1 06 -2002 (c16025do116025416 63154 -7 -A MUTL VOL FLEET L eo" . DECLARATIONS PAGE *coP* POLICY NUMBER F70 0774- E01 -53G POLICY PERIOD MAY 01 2003 to MAY 01 2004 AGENT TED HEATON III 3933 STECK AVENUE SUITE B -111 AUSTIN, TX 78759 -8648 PHONE: (512)343 -8774 Your policy consists of this declarations page, the policy booklet - form 9843U.3ST, and any endorsements that apply, including those issued to you with any subsequent renewal notice. Replaced policy number F700774 -53F. VEHICLES LIMITTSDOFLLIABILLITY LISTS ED ENDORSEMENTS THAT ARE APPLICABLE TO EACH VEHICLE. Named Insured- BURY + PARTNERS INC; BURY + PARTNERS SAN AN1ONIO INC; BURY + PARTNERS DFW INC 3345 BEE CAVES RD STE 200 AUSTIN TX 78746-6692 Agent: TED HEATON III Telephone: (512)343 -8774 Prepared MAY 06 2003 6446 -121 COVERAGES - PREMIUMS, LIMITS AND DEDUCTIBLES (Absence of a deductible or limit entry in any column below means that Me limit or deductible entry in the corresponding ITEM TWO column applies instead) • 11 actual cash value enter "ACV "_ COMPREHENSIVE (See Coverage Symbol D on front of applicable page.) SPECIFIED CAUSES OF LOSS (See Coverage Symbol E5 on front of applicable page.) COLLISION (See Coverage Symbol G on front of applicable page.) TOWING AND LABOR (See Coverage Symbol H on front of applicable page.) • Limit Actual Cash Value or Stated Amount Ded. Premium • Limit Actual Cash Value or Stated Amount Premium " Limit Actual Cash Value or Stated Amount Ded. Premium Limit Per Disablement Premium Total Premium Total Premium Total Premium Total Premium Total Premium Total Premium COVERAGES - PREMIUMS, LIMITS AND DEDUCTIBLES (Absence of a deductible or lim entry in any column below means that the limit or deductible entry in the corresponding ITEM TWO column applies Instead) LIABILITY (See Coverage Symbol AB on front of applicable page.) PERSONAL INJURY PROTECTION (See Coverage Symbol P on front of applicable page.) AUTO MED PAY (See Coverage Symbol C on front of applicable page.) UNINSURED /UNDERINSURED MOTORISTS (See Coverage Symbol U on front of applicable page.) Limit Premium Limit Premium Limit Premium Limit Premium Total Premium Total Premium Total Premium Total Premium PURCHASED CLASSIFICATION Original Cost New Actual Cost and NEW (N) USED (U) of Operation Business use s - service, r - retail c- commercial Size GVW, GCW or Vehicle Seating Capacity Aged Group Primary Rating Factor y 9 Secondary y Rating Factor Code Liability Physical Damage ITEM ONE CONTINUED IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO CONTINUED SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the premium column below (see front of applicable form). Each of these coverages will apply only to those autos shown as covered autos. Autos are shown as covered autos for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. SCHEDULE OF COVERAGES - Liability Coverage - Personal Injury Protection - Auto Medical Payments - Uninsured /Underinsured Motorist Insurance PHYSICAL DAMAGE COMPREHENSIVE COVERAGE - $ Stated Amount Actual cash value or cost of repair which- ever is less, minus $ (the deductible shown) for each covered Auto but no deductible applies to LOSS caused by fire or lightning. See ITEM FOUR for hire or borrowed autos. PHYSICAL DAMAGE SPECIFIED CAUSES OF LOSS COVERAGE - $ Stated Amount Actual cash value or cost of repair whichever is less, minus $25 deductible for each Covered Auto for LOSS caused by mischief or vandalism. See ITEM FOUR for hire or borrowed autos. PHYSICAL DAMAGE COLLISION COVERAGE - $ Stated Amount Actual cash value or cost of repair, whichever is less, minus $ (the deductible shown) for each covered auto. See ITEM FOUR for hire or borrowed autos. TOWING AND LABOR $ (as shown on applicable page) for each disablement of a private passenger auto. COVERED AUTOS - Entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form shows which autos are covered autos. LIMIT - The most we will pay for any one accident or loss. ITEM THREE CONTINUED PHYSICAL DAMAGE LOSS - Except for Towing, all physical damage loss is payable to you and the loss payee named below (in the Exception and Endorsements' area on the front of the applicable form), as interest may appear at the time of the loss. TERRITORY - Town and State where the Covered Auto will be principally garaged. See front of applicable page for corresponding information) TE 99 01B ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement is a part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as your policy unless a different effective date is specified by us in writing. If issued at a later date the name, policy number and effective date must be shown. Issued by the STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, or the STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas, as shown by the company's name on the policy of which this endorsement is a part. Named Insured BURY & PARTNERS, INC BURY & PARTNERS SAN ANTONIO INC Policy Number F70 0774- E01 -53G Effective Date May 1, 2003 12:01 A.M. Standard Time The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. CITY OF ROUND ROCK, ATTN: CITY MANAGER, 221 E MAIN ST, ROUND ROCK TX 78664 (Enter Name and Address of Additional Insured.) is an Insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or eamed from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid by you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy. FORM TE 99 01B - ADDITIONAL INSURED Texas Standard Automobile Endorsement Ed. Effective October 1, 1988 CITY OF ROUND ROCK ATTN: CITY MANAGER 221 E MAIN ST ROUND ROCK TX 78664 Description of Vehicle: See FLEET Schedule Named Insured: Policy Number: Effective Date: 6037M.2 6037M.2 CERTIFICATE OF INSURANCE This is to certify that: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois has coverage in force as shown below for the named insured. If the coverage is changed or terminated we will give 10 days written notice to: F70 0774- E01 -53H 05/01/03 12:01 A.M. Standard Time LIABILITY - COVERAGE A AND B Limits of Liability Bodily Injury Property Damage Bodily Injury and Property Damage (each person) (each accident) (each accident) Single Limit (each accident) $ 1$ 1$ I $1,000,000 This Certificate of Insurance does not change the coverage provided by the described policy. BURY 8s PARTNERS INC BURY & PARTNERS SAN ANTONIO Todays Date: 05/09/03 Software Release: 12/31/01 Business Automobile Policy Renewal Fleet Summary Insured: BURY & PARTNERS INC. Company: STATE FARM MUTUAL INSURANCE C Risk Desc: N/A Term: 1 Year Quote Desc: F700 774- E01 -53H Exp Mod: 1.02 Eff Date: 05/01/2003 Exp Date: 05/01/2004 Note: All Liability Limits are shown with 000's omitted. # Desc <Commercial Vehicles> Coverage Ded Limit 1 95 CHEV SUBURBAN ( #2) CSL VIN: 1GNGK26K2SJ327632 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes 2 94 CHEV SUBURBAN ( #9) CSL VIN: 1GNFK16K5RJ302563 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 3 96 CHEV SUBURBAN ( #16) CSL VIN: 3GNFK16R7TG142630 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 4 96 CHEV PU ( #17) CSL VIN: 1GCCS19X4T8136263 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 5 00 CHEV SUBURBAN ( #19) CSL VIN: 3GNFK16T8YG187773 UMBI Territory: 3 UMPD Class: 014990 PIP COLL Spec Causes 6 94 GMC SUBURBAN ( #20) CSL VIN: 1GKEC16K3RJ749141 UMBI Territory: 3 UMPD Class: 014990 PIP COLL Spec Causes 500 500 500 500 500 500 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV BURY & PARTNERS INC. Risk: N/A Quote: F700 774 -E01 -5 Pg: 2 .********************************************** * * * * * * * * * * * * * * * * * ** ** * * ** * * * * ** 7 02 CHEV SUBURBAN ( #23) CSL VIN: 3GNGC26U42G227340 UMBI Territory: 2 UMPD Class: 014990 PIP Comments: COLL GARAGED - DALLAS COUNTY Spec Causes 8 01 CHEV SUBURBAN ( #24) CSL VIN: 3GNGK26G71G224461 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 9 99 CHEV SUBURBAN ( #25) CSL VIN: 3GNGK26J0XG125775 UMBI Territory: 3 UMPD Class: 014990 PIP Comments: COLL GARAGED- BEXAR COUNTY Spec Causes 10 96 GMC SUBURBAN ( #26) CSL VIN: 1GKGK26R0TJ726583 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 11 99 CHEV SUBURBAN ( #27) CSL VIN: 3GNGC26R1XG142622 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes 12 99 CHEV SUBURBAN ( #28) CSL VIN: 3GNGC26R9XG194659 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 13 95 FORD EXPLORER ( #29) CSL VIN: 1FMCU22X8SUB85848 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 14 00 CHEV S10 PU ( #30) CSL VIN: 1GCCS19W3Y8115208 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes 500 500 500 500 500 500 500 500 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV BURY & PARTNERS INC. Risk: N/A Quote: F700 774 -E01 -5 Pg: 3 ** * * * * * * *** *********************************** * * * * * * * * * * * * * * * * * * * * *** * * * * * *** 15 00 CHEV SUBURBAN ( #31) CSL VIN: 3GNGC26U8YG165577 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 16 01 FORD PU ( #32) CSL VIN: 1FTRW07L11KE11225 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 17 01 CHEV SUBURBAN ( #33) CSL VIN: 3GNGK26U31G191626 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 18 01 CHEV SUBURBAN ( #34) CSL VIN: 3GNGC26U31G183667 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 19 01 CHEV SUBURBAN ( #35) CSL VIN: 3GNGC26U11G186664 UMBI Territory: 3 UMPD Class: 014990 PIP COLL Spec Causes 20 01 CHEV SUBURBAN ( #36) CSL VIN: 3GNGK26U81G183599 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 21 01 CHEV SUBURBAN ( #37) CSL VIN: 3GNGC26U51G187025 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes 22 01 CHEV PU ( #38) CSL VIN: 1GCCS145X18198849 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes 500 500 500 500 500 500 500 500 1,000 500/500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500/500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV BURY & PARTNERS INC. Risk: N/A Quote: F700 774 -E01 -5 Pg: 4 23 01 CHEV SUBURBAN ( #39) CSL VIN: 3GNGK26UX1G224234 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 24 01 CHEV PU ( #40) CSL VIN: 1GCCS14581K107211 UMBI Territory: 23 UMPD Class: 014990 PIP COLL Spec Causes 25 01 TOYOTA 4 RUNNER ( #41) CSL 1,000 VIN: JT3GN86R110202470 UMBI 500 /500 Territory: 1 UMPD 100 Class: 014990 PIP 10,000 COLL 500 ACV Spec Causes ACV 26 01 CHEV SUBURBAN ( #42) CSL VIN: 3GNGC26U81G250007 UMBI Territory: 2 UMPD Class: 014990 PIP COLL Spec Causes # Desc <Non -Owned Vehicles> Coverage Non -Owned Auto CSL Territory: 23 # Desc <Hired Vehicles> Coverage 1 Hired Car (If Any Basis) CSL Territory: 23 # Desc <Waiver of Subrogation> Coverage 1 Individual CSL Number of Waivers: 2 Territory: 23 500 500 500 Ded Ded Ded 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV 1,000 500 /500 100 10,000 ACV ACV Limit 1,000 Limit 1,000 Limit 1,000 Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager )bert L. Bennett, Jr. City Attorney Stephan L Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY September 20, 2002 Mr. Curtis Morriss, P.E. Bury +Partners, Inc. 3345 Bee Caves Road, Suite 200 Austin, Texas 78746 Dear Mr. Morris: The Round Rock City Council approved at their regularly scheduled meeting resolution approves the Agreement Sidewalks, Segment 2. Enclosed is a copy of the resolution and If you have any questions, please do Halden at 218 -6610. Christine R. Martinez City Secretary Enclosure Resolution No. R- 02- 09- 12 -13C2 on September 12, 2002. This for the G.O. Bond Citywide original Agreement for your files. not hesitate to contact Danny CITY OF ROUND ROCK 2.2i East Main Street • Round Rock, Texas 78664 Phone: 512.218.5400 • Fax: 512.218.7097 • Voice: t.800.735.2988 • 1.800- 735.2989 TDD • www.ci,round- rock.tx.us Sep 17 02 04:25p BPI Austin CERTIFICATE OF LIABILITY IN PRODUCER EARSE LEiA/AC EC 800 MkRICET STREET ST. IDUIS, M1 63101 A R�o2 �q 12 -13 C 2 _.� GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILITY PROFESSIONAL LIABILITY CERTIFICATE HOLDER: URANCE N o( 14 F. r. F) VFT7 DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SFP (512)328 -5654 4 2002 Date: 9/17/02 COMPANIES AFFORDING COVERAGE A HARTFORD RlURANCE CIOPANY B C INSURED #3 INN[00D CTRULE, UTILE ROCK, AR 72211 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL AGGREGATE PRODUCTS-COMP /OP AGG PERSONAL & ADV. INJURY EACH OCCURRENCE FIRE DAMAGE (Any one line) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE S EACH OCCURRENCE S AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS EACH ACCIDENT 84WBGGL9071 11/01/01 11/01/02 DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIVE a_ , Typed Name: ALFRED A. PETERFESO Title! VICE PRESIDENT p. $1,000,000 $1,000,000 $1,000,000 THIS CERTIFICATE ISSUED AS A MATER OF INFORMATION CHY AND CONFERS ED RICaIS UFOM THE C RITETCATE HIDER. THIS CERITFICATE IDES MDT AMEND, EXTEND CR. ALTER THE ODFFRAGE AFFORDE BY THE POLICIES. Cert of Insur CORR .due