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CM-05-07-129
Request for City Council/City Mag r Action tee Department Name: PARD Contact Person: City Council la City Manager ZOOS Project Manager/Resource: M. James Hemenes Project Coordinator: Assigned Attorney: Veronica Rivera Council or City Manager Agenda Date: 15 -Jul -05 Blue Sheet Wording Project Name: PK24POOL / Old Settle s Park at Palm Valley Fam COntraCtorNendor: Kimley-Hom and Associates, Inc Funding Source: G. o. Bond Project Amount: $23,000.00 Request for approval of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. for the Old Settlers Park at palm Valley Family Aquatic Center Project. Finance Information Is Funding Required? 0 CI Yes Initial Construction Contract Construction Contract Amendment # Change Order Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Q Supplemental Professional Svcs. Ai. # Purchasing/Service Agreement Q Purchase Order Item(s) to be purchased: Amount 23,000.00 - Other (Please clearly identify action on lines below) Easement Agreement Finance Approval Finance L. Olsen Date Finance N/A E. Wilson Date JPurchasing HB Date Budget /A CYD Date 7/13/2005 7/11/2005 7/12/2005 7/11/2005 For Submission to Ci Project Mgr. Signatu Dept. Director Signatu City Attorney Signature`: City Manager Signature: Date: / Date: 7- 3 S Date: -7 /if/ 5 Date: / — {—C6 1- • proval is required for all items requesting City Manager's approval. Updated 3-9-05 Request for City Council/City Manager Action City Council ES City Manager 0l00dform for all CityManager.and City you�ir il; A nova s. Department Name: PARD Contact Person: Vanessa Shrauner/Debbie Davila Project Manager/Resource: M. James Hemenes Project Coordinator: Assigned Attomey: Veronica Rivera Council or City Manager Agenda Date: ISJu1-05 Blue Sheet Wording Project Name: PK24bPOOL / Old Settlers Park at Palm Valley Fam Contractor/Vendor: Kimley-Hom and Associates, Inc Funding Source: G. o. Bond Project Amount: $25,000.00 Request for approval of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. for the Old Settlers Park at palm Valley Family Aquatic Center Project. Finance Information Is Funding Required? 01 Yes No Finance Approval El Finance El Finance Purchasing Budget Initial Construction Contract Construction Contract Amendment # Change Order # Change in Quantity Unforeseen Circumstances Initial Professional Services Agreement Supplemental Professional Svcs. A # Purchasing/Service Agreement Purchase Order Item(s) to be purchased: Amount 25,000.00 Other (Please clearly identify action on lines below) L. Olsen Date Date Date Date 7/14/2005 For Submission to City Manager Only Project Mgr. Signature: Date: Dept. Director Signature: Date: City Attorney Signature*: Date: City Manager Signature: Date: Updated 3-9-05 * Legal Approval is required for an items requesting City Manager's approval. BLUE SHEET FORMAT DATE: July 7, 2005 SUBJECT: City Manager Approval - July 15, 2005 ITEM: Request for approval of an Engineering Services Agreement with Kimley-Horn and Associates, Inc. for the Old Settlers Park at palm Valley Family Aquatic Center Project. Department: Staff Person: Justification: PARD Rick Atkins, Parks and Recreation Director M. James Hemenes, Park Development Manager Engineering services needed for the design and creation of construction plans necessary to construct the Old Settlers Park at Palm Valley Family Aquatic Center Project. Also included in the contract will be construction observation duties. Funding: $2,800,000.00 Cost: $23,000.00 Source of funds: General Capital Improvement Funds - G.O. Bonds Outside Resources: Kimley-Horn and Associates, Inc. Background Information: The Old Settlers Park at Palm Valley Family Aquatic Center project involves the creation of an outdoor aquatic facility consisting of pool elements, as well as spray features and a water slide. This project was part of the 2001 G.O. Bond package. This project was the focus of a Mayor's Presidents Roundtable Meeting that was held on June 21, 2005. Public Comment: Blue Sheet Format Updated 01/20/04 I• Kimley-Hom NMI 1 and Associates, Inc. July 13, 2005 Mr. James Hemenes, RLA, ASLA Park Development Manager City of Round Rock 301 W. Bagdad, Suite 250 Round Rock, Texas 78664 Mr. James Hemenes, July 13, 2005, Pg. 1 Re: Initial Contract for a New Family Aquatic Center at Old Settlers Park Dear James: As per your request, please find attached three (3) signed copies of the initial agreement for this work. Please complete the missing items (dates, reimbursable expense amount, and signatures) and return one (1) completed contract for our files. It is our understanding that the balance of the proposed scope and fee as per our draft of 6/27/05 will be approved by City Council on July 28, 2005. Approval of this contract is crucial so that we can endeavor to meet the aggressive schedule desired by the City for the design and construction of this project. We are very appreciative to the City of Round Rock for the opportunity to perform these design services. Please forward us the topographic survey and geo-technical investigations as soon as possible since delays in receiving these could delay the completion of our design work. Very truly yours_ KIMLE ■ 12700 Park Central Drive Suite 1800 Dallas, Texas 75251-1516 /0; Mark C. Associate ■ TEL 972 770 Tao FAX 972 239 3820 Standard Form of Agreement Between Owner and Design Consultant Based on AIA Document B141 -1997 1997 Edition - Electronic Format TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 COMPENSATION 1.5 MISCELLANEOUS PROVISIONS AGREEMENT made as of the Py P ilici 5) day of the month of BETWEEN Design Consultant's client identified as Owner: City of Round Rock, Texas 221 East Main Round Rock, Williamson and Travis Counties, Texas 78664 and Design Consultant: Kimley-Horn and Associates, Inc. (KHA) 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 For the following Project: in the year Two Thousand Five. Professional services generally including Task I Coordination and Design Management, and Task IV Master Planning / Programming related to the following: design and construction of a new family aquatic facility on a site in Old Settlers Park at Pahn Valley in Round Rock, Williamson County, Texas. Owner and Design Consultant agree as follows: 00088534/jkg bY1- 0 5-- O 1.- t291 ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: Design and construction of a new family aquatic facility on a site in Old Settlers Park at Palm Valley in Round Rock, Williamson County, Texas. 1.1.2.2 The physical parameters are: Location is to be on a site within Old Settlers Park at Palm Valley across from the soccer fields near the Dell Diamond, and the Project may consist of some or all of the following program elements (within budgetary limitations): bath house, leisure pool and/or lazy river, deck area, multiple spray features, kid slide, tot pool, waterslides, shade structures, lighting, utilities, parking, walkways, and other typical items in small aquatic facilities of similar type. No off-site utility improvements or storm water detention should be required. Water and sanitary sewer are available on- site. Documents to be furnished to Design Consultant shall, when available, include the following: (1) any previously prepared surveys or construction documents for Old Settlers Park; (2) a copy of the Round Rock Parks and Recreation Master Plan; (3) any City design requirements or standards applicable to the Project; (4) any plans of existing or proposed utilities, parking, and streets within or adjacent to the site in Old Settlers Park; (5) new boundary and topographic survey of the site at Old Settlers Park; and (6) geo-technical investigation with two to four borings and recommendations for the aquatic facility (structures, pools, paving, and foundations). 1.1.2.3 Owner's Scope of Services is: Basic Services include the following: Task I Coordination and Design Management KHA shall serve as the lead design consultant and project design team manager. Items of work included in this Task 1 are as follow: (A) Coordinating the survey and geo-technical work; (B) Assisting Owner in defining the final project scope, design budgets, and assignment of design team responsibilities; (C) Performing initial due diligence to determine utility services and City requirements; (D) Managing the Project and directing the consulting team during the design phase; (E) Communicating regularly with Owner; and (F) Attending meetings to review the Schematic Design, Design Development, and Construction Documents phases with Owner representatives. Task I work shall include coordinating with consultants and Owner, due diligence, contract administration, required state submittals (ADA and Health), and coordinating survey and geo-tech work by others. Task I is included in lieu of marking up sub -consultant fees. Task IV Master Planning / Programming KHA and Design Consultant's team [including subcontractors Davis and Davis, Inc. (DDI) for architectural design, Counsilman-Hunsaker and Associates (CHA) for pool planning and design, The Core Group (TCG) for structural design, and Engineering Associates, Inc. (EAI) for MEP/HVAC] shall assist Owner in finalizing the design program and final master plan for the aquatic facility based upon the direction given at the "President's 2 Meeting" of June 21, 2005. Design Consultant shall meet with park staff to develop a final revised master plan that will provide a family aquatic recreation experience that is different that that to be had from existing aquatic facilities in Round Rock. The facilities may include a river, large interactive play structure, and/or water spray grounds. Design Consultant shall prepare a colored master plan display and budget estimate. The master plan shall be presented by Design Consultant at one joint City Council/Park Board meeting to receive final comments and approval to begin construction documents. Optional Additional Services Optional Additional Services may be provided by Design Consultant, at the sole election and at the express written direction of Owner, on a negotiated fee basis, such as the following: (A) Franchise Utility Coordination; (B) Traffic Impact Studies or Signal Design; (C) Preparation of Traffic Control Plans; (D) Revisions due to changes in regulations; (E) Revisions to CDs after design approval; (F) Preparation of preliminary or final plat; (G) Archaeological Survey; (H) Materials Testing; (I) Submittal, Permitting Fees, or Impact Fees, other than as called for herein; (J) Special Site Plan Exhibits/Presentations for Planning Approvals; (K) Construction Staking; (L) Off -Site Utility Design; (M) Off -Site Roadway Design; (N) Off -Site Easement Descriptions; other than as noted herein; (0) Detailed Cost Projections (as prepared by a professional Cost Estimator); (P) Record Drawing Survey; (Q) Preparation of Record Drawings; (R) Boundary Surveys; (S) Wetlands Permitting/Delineation; (T) Environmental Impact Statement; (U) Tree identification surveys; (V) Operations and Training Consultation; and (W) Additional work due to increase in project size (in excess of $2.45 million). 1.1.2.4 The legal parameters are: As delineated herein. 1.1.2.5 The financial parameters are as follows. Design Consultant's compensation for services under this Agreement shall not exceed $23,000.00 for Basic Services, which sum shall include all Task I and Task IV deliverables but shall not include reimbursable expenses. Payment to Design Consultant for approved reimbursable expenses (such as reproduction of plans and specifications, plan distribution, ADA review fees, postage, courier services, express delivery charges, travel, and the like) shall not exceed the sum of $_,000.00 without prior express written approval from Owner. 1.1.2.6 The time parameters are: Twelve (12) consecutive months from date of execution of this Agreement, with ability to renew and extend only by express written agreement of the parties. 1.1.2.7 The proposed procurement or delivery method for the Project is: Professional services such as architectural planning and consulting will be engaged by negotiated contract. 1.1.2.8 Other time parameters are: 00088534/jkg 3 Unless sooner terminated in accordance with the applicable provisions of this Agreement, or extended by mutual agreement approved by Owner, the term of this Agreement shall be from the date hereof until final completion of the Project and all architectural/engineering services in connection therewith, and resolution of any outstanding Project -related claims or disputes. 1.1.2.9 As to the Project Performance Schedule, time of completion shall be twelve (12) consecutive months from date of execution of this Agreement. Design Consultant understands and acknowledges that the Project Performance Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein. In this regard, Design Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in a manner that is consistent with professional skill and care and the orderly progress of the Project, excepting delays beyond Design Consultant's control. 1.1.2.10 Owner has selected Design Consultant's "Two -Month Design Project Schedule" for the performance of services. The parties acknowledge that this schedule includes reasonable allowances for review and approval times required by Owner, performance of services by City's consultants, and review and approval times required by public authorities having jurisdiction over the Project. The parties further agree that this schedule shall be equitably adjusted as the Project progresses only in the event of changes in scope, character or size of the Project requested by Owner, or for delays or other causes beyond Design Consultant's reasonable control: Signed Contract and Authorization to Proceed July 15, 2005 Topographic Survey and Geo -technical Report Complete July 15, 2005 100% Construction Documents Complete September 15, 2005 Advertise for Bids October 1, 2005 Receive Bids and Award Contract November 1, 2005 Complete Construction and Open Pool July 1, 2006 The parties further acknowledge that this is a fast-track schedule and that the project schedule will be adjusted should delays be experienced due to non -timely receipt of signed agreements, topographic survey, geo-technical report, or approvals. 1.1.3 PROJECT TEAM 1.1.3.1 Owner's Designated Representative is: M. James Hemenes, RLA, ASLA, Parks Development Manager City of Round Rock Parks Department 301 West Bagdad, Suite 250 Round Rock, Texas 78664 1.1.3.2 The persons or entities, in addition to Owner's Designated Representative, who are required to review Design Consultant's submittals to Owner are: City Manager James R. Nuse 221 East Main Round Rock, Texas 78664 1.1.3.3 Owner's other consultants and contractors are: Not selected at this time. 4 1.1.3.4 Design Consultant's Designated Representatives are: Thomas L. Whalen, Production Manager Kimley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 Mark C. Hatchel, RLA, ASLA, Associate and Senior Project Manager Kimley-Horn and Associates, Inc. 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 1.1.3.5 The sub -consultants retained at the Design Consultant's expense are: Davis and Davis, Inc. Counsihnan-Hunsaker & Associates, Inc. The Core Group Engineering Associates, Inc. 1.1.4 When the services under this Agreement include contract administration services, it is intended that the General Conditions of the Contract for Construction shall be the standard AIA Document as modified between Owner and Contractor. Design Consultant's responsibility to provide services for the construction phase under this Agreement commences with the award of the contract for construction and terminates at the issuance to Owner of the final certificate for payment. Duties, responsibilities and limitations of authority of Design Consultant shall not be restricted, modified or extended without written agreement of Owner and Design Consultant with consent of Contractor, which consent shall not be unreasonably withheld. 1.1.5 The information contained in this Article 1.1 may be reasonably relied upon by Owner and Design Consultant in determining Design Consultant's compensation. However, it is expressly agreed and understood by all parties that the total sum of $23,000.00, plus reimbursable expenses in the total sum of $.,900.00 shall represent the absolute limit of Owner's liability to Design Consultant, unless same shall be changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City Council resolution or appropriate action of the City Manager. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 Owner and Design Consultant shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. Owner shall furnish to Design Consultant, within fifteen (15) days after receipt of a written request, information necessary and relevant for Design Consultant to evaluate, give notice of or enforce lien rights. 1.2.2.2 Owner shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work, Owner's other costs, and reasonable contingencies related to all costs. 1.2.2.3 Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. Owner or Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Design Consultant in order to avoid unreasonable delay in the orderly and sequential progress of the Design Consultant's services. 1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize Design 00088534/jkg 5 Consultant to furnish them as a Change in Services when such services are requested by Design Consultant and are reasonably required by the scope of the Project and are approved by Owner. 1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, Owner shall furnish or pay for tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet Owner's needs and interests. 1.2.2.7 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in Design Consultant's Instruments of Service. 1.2.2.8 Owner shall furnish, or direct Design Consultant to obtain at Owner's expense, a certified survey of the selected site giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or adjacent to the site, other improvements and trees; and full information as to available service and utility lines, both public and private, and test borings, pits, reports and soil bearing values and other necessary operations for determining subsoil conditions. 1.2.2.9 Owner will furnish building permits without charge. Electrical, plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by Owner and are not to be included by Design Consultant in the specifications for the Project. 1.2.2.10 Owner will provide Design Consultant with miscellaneous items such as the Project Facility Program, two (2) copies of the City of Round Rock General and Supplementary Conditions for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction contract. To the extent practicable, these documents shall be utilized in the preparation of the construction documents. 1.2.2.11 Because Design Consultant does not control the costs of labor, materials, equipment, services fumished by others, methods of determining prices, competitive bidding or market conditions, any opinions rendered as to costs shall be made on the basis of its experience and shall represent its judgment as an experienced and qualified professional. However, Design Consultant does not guarantee that proposals, bids or actual costs will not vary from its opinions of costs. If Owner wishes greater assurance as to the amount of any cost, Owner shall have the right to employ an independent cost estimator. 1.2.3 DESIGN CONSULTANT 1.2.3.1 The services performed by Design Consultant, Design Consultant's employees and Design Consultant's subconsultants shall be as enumerated in Paragraphs 1.1.2.3 and 1.2.4 and as enumerated elsewhere herein, in attached and accompanying documents, in supplemental documents, and in related documents. 1.2.3.2 Design Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Design Consultant shall submit for Owner's approval a schedule for the performance of Design Consultant's services which initially shall be consistent with the time periods established in Paragraph 1.1.2.6 and which may be adjusted, if necessary and approved by Owner, as the Project proceeds. This schedule shall include allowances for periods of time required for Owner's review, for the performance of Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not, except for reasonable cause, be exceeded by Design Consultant or Owner. 1.2.3.3 Design Consultant's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on Design Consultant's behalf with respect to the Project. 6 1.2.3.4 Design Consultant shall maintain the confidentiality of information specifically designated as confidential by Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent Design Consultant from establishing a claim or defense in an adjudicatory proceeding. Design Consultant shall require of Design Consultant's subconsultants similar agreements to maintain the confidentiality of information specifically designated as confidential by Owner. 1.2.3.5 Except with Owner's knowledge and consent, Design Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Design Consultant's professional judgment with respect to this Project. 1.2.3.6 Design Consultant shall review laws, codes, and regulations applicable to Design Consultant's services. Design Consultant shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 Design Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by Owner. Each party shall provide prompt written notice to the other if either becomes aware of any errors, omissions or inconsistencies in such services or information. 1.2.4 DESIGN CONSULTANT'S SERVICES 1.2.4.1 Basic Services. (1) Design Consultant's Basic Services consist generally of the services described herein, and include such other services as may be necessary to assist Owner in the design and construction of the Project, within the limits Owner has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Agreement for all purposes. Design Consultant agrees that upon execution of this Agreement, it will submit to Owner within ten (10) days a list of all additional consultants it intends to utilize, not previously identified, delineating their respective tasks. All of Design Consultant's sub -consultants shall be subject to the approval of Owner, and Owner reserves the right to reject any consultant or sub -consultant. Design Consultant shall perform all work hereunder in a manner satisfactory and acceptable to Owner, represented by its City Manager or his/her designee, hereinafter referred to as "Director." A Performance Schedule shall be agreed to by Design Consultant and Director, and Design Consultant agrees to use its best efforts to complete all services hereunder in accordance with such Performance Schedule. 1.2.4.2 Project Representation Beyond Basic Services. In the event that circumstances should develop whereby continuous, full-time representation at the Project site is required, the conditions under which such representation shall be furnished and the Project Representatives selected, employed and directed shall be governed by an additional written Supplemental Agreement between Owner and Design Consultant. 1.2.4.3 Additional Services. Design Consultant shall perform Additional Services, as requested by Owner, after a not -to - exceed amount has been mutually agreed upon in writing by the Director and Design Consultant. Where City Council authorization is required, Design Consultant shall not proceed until the appropriate Resolution for such Additional Services has been adopted. The following services are not covered under Paragraphs 1.2.4.1 - 1.2.4.2, which define and outline Design Consultant's Basic Services. If any of these Additional Services are authorized in writing by the Director in advance of their performance, they shall be paid for in the manner agreed to at the time of authorization. (1) Preparing Change Orders and supporting data and/or revising previously approved plans when the changes in approved Plans and Specifications are required by Owner, unforeseen circumstances due to hidden or unknown conditions, or codes/ordinances or other legal requirements which may come into effect during the course of the Project. If changes are required to be made because of error, oversight, clarification, discrepancy, or budget overruns in the work of Design Consultant, Owner shall not be liable to compensate Design Consultant for Additional Services or expenses in such connection. (2) Providing other extraordinary professional services over and above the Contract Documents requirements, where required and requested by Owner, including extraordinary professional services which might result if Owner decides to further fast track the Project. 00088534/jkg ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to Owner of all elements of the Project designed or specified by Design Consultant. 1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by Owner and equipment designed, specified, selected or specially provided for by Design Consultant, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus for Contractor's overhead and profit. 1.3.1.3 The Cost of the Work does not include the compensation of Design Consultant and Design Consultant's sub - consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of Owner. 1.3.2 USE OF DOCUMENTS 1.3.2.1 All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by Design Consultant and its subconsultants are related exclusively to the services described in this Agreement and are intended to be used with respect to this Project. However, it is expressly understood and agreed by and between the parties hereto that all of Design Consultant's designs and work product under this Agreement (including but not limited to tracings, drawings, estimates, specifications, investigations, studies and other documents, completed or partially completed), shall be the property of Owner to be thereafter used in any lawful manner as Owner elects. Any such subsequent use made of documents by Owner shall be at Owner's sole risk and without liability to Design Consultant, and Owner shall indemnify and hold harmless Design Consultant from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting therefrom. By execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, Design Consultant hereby conveys, transfers and assigns to Owner all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by Design Consultant. Design Consultant shall be liable to Owner for any loss or damage to any such documents while they are in the possession of or while being worked upon by Design Consultant or anyone connected with Design Consultant, including agents, employees, consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by Design Consultant without cost to Owner. 1.3.2.2 Upon execution of this Agreement, Design Consultant grants to Owner permission to reproduce Design Consultant's Instruments of Service for purposes of constructing, using and maintaining the Project, provided that Owner shall comply with its obligations, including prompt payment of all sums when due, under this Agreement. Design Consultant shall obtain similar permission from Design Consultant's subconsultants consistent with this Agreement. If and upon the date Design Consultant is adjudged in default of this Agreement, Owner is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of completing, using and maintaining the Project. 1.3.2.3 Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of Design Consultant. However, Owner shall be permitted to authorize the contractor, subcontractors, sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at Owner's sole risk and without liability to Design Consultant and its consultants. 1.3.2.4 Prior to Design Consultant providing to Owner any Instruments of Service in electronic form or Owner providing to Design Consultant any electronic data for incorporation into the Instruments of Service, Owner and Design Consultant shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this 8 Agreement. Any electronic files are provided by Design Consultant for the convenience of Owner, and use of them is at Owner's sole risk. In the case of any defects in electronic files or any discrepancies between them and any hardcopy of the same documents prepared by Design Consultant, the hardcopy shall prevail. Only printed copies of documents conveyed by Design Consultant shall be relied upon. Because data stored in electronic media format can deteriorate or be modified without authorization of the data's creator, Owner shall have sixty (60) days to perform acceptance tests, after which time Owner is deemed to have accepted the data transferred. 1.3.2.5 All plans and drawings will be prepared and submitted by Design Consultant to Owner for approval on a minimum 24 -inch by 36 -inch or maximum 32 -inch by 42 -inch drafting sheet, with all lettering processed in ink or pencil and clearly legible when the sheets are reproduced and reduced to half size. 1.3.2.6 Design Consultant shall have no liability for changes made to the drawings by other architects subsequent to the completion of the Project. Any such change shall be sealed by the architect making that change and shall be appropriately marked to reflect what was changed or modified. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of Design Consultant, including services required of Design Consultant's subconsultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly agreed and understood by all parties that the total sum of $23,000.00, plus reimbursable expenses in the total sum of $ ,000.00 shall represent the absolute limit of Owner's liability to Design Consultant, unless same shall be changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City Council resolution or appropriate action of the City Manager. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation If such matter relates to or is the subject of a lien arising out of Design Consultant's services, Design Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation. 1.3.4.2 Owner and Design Consultant shall endeavor to resolve claims, disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Owner and Design Consultant hereby expressly agree that no claims or disputes between Owner and Design Consultant arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Design Consultant consents to be joined in the arbitration proceeding if Design Consultant's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Design Consultant and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.7. 00088534/jkg 9 1.3.7 TERMINATION OR SUSPENSION 1.3.7.1 If Owner fails to make payments to Design Consultant in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If Design Consultant elects to suspend services, prior to suspension of services, Design Consultant shall give fifteen (15) days' written notice to Owner. In the event of a suspension of services, Design Consultant shall have no liability to Owner for delay or damage caused Owner because of such suspension of services. Before resuming services, Design Consultant shall be paid all non -disputed sums due prior to suspension Design Consultant's fees for the remaining services and the time schedules shall be equitably adjusted. However, it is expressly agreed and understood by all parties that the total sum of $23,000.00, plus reimbursable expenses in the total sum of $_ 000.00 shall represent the absolute limit of Owner's liability to Design Consultant, unless same shall be changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by City Council resolution or appropriate action of the City Manager. 1.3.7.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Design Consultant that Owner may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of Owner, upon fifteen (15) days' written notice to Design Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Design Consultant shall invoice Owner for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of Owner upon termination of this Agreement, and shall be promptly delivered to Owner in a reasonably organized form without restriction on future use. Should Owner subsequently contract with a new architect for continuation of services on the Project, Design Consultant shall cooperate in providing information. 1.3.7.3 Nothing contained in Paragraph 1.3.7.2 immediately above shall require Owner to pay for any work which is unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this Agreement. Owner shall not be required to make any payments to Design Consultant when Design Consultant is in default under this Agreement, nor shall this section constitute a waiver of any right, at law or at equity, which Owner may have if Design Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.8 PAYMENTS TO DESIGN CONSULTANT 1.3.8.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of Design Consultant's statement of services. Design Consultant's invoices to Owner shall provide complete information and documentation to substantiate Design Consultant's charges, and shall be in a form specified by Owner. All payments to Design Consultant shall be made on the basis of the invoices submitted by Design Consultant and approved by Owner's Director. Such invoices shall conform to the schedule of services and costs in connection therewith. 1.3.8.2 Reimbursable Expenses are in addition to compensation for Design Consultant's services and include expenses incurred by Design Consultant and its employees and consultants directly related to the Project, as identified herein: .1 transportation in connection with the Project, authorized out-of-town travel, and electronic communications; .2 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .3 reimbursable expenses as designated in Article 1.4; .4 other similar direct Project related expenditures. 1.3.8.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to Owner or Owner's authorized representative at mutually convenient times. All Reimbursable Expenses shall be clearly shown on 10 invoices. Should additional backup material be requested by Owner, Design Consultant shall comply promptly with such request. In this regard, should Owner's Director determine it necessary, Design Consultant shall make all records and books relating to this Agreement available to Owner for inspection and auditing purposes. 1.3.8.4 Direct Personnel Expense is defined as the direct salaries of Design Consultant's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 1.3.8.5 Owner reserves the right to correct any error that may be discovered in any invoice that may have been paid to Design Consultant and to adjust the same to meet the requirements of this Agreement. Following approval of invoices, Owner will endeavor to pay Design Consultant promptly, but not later than the time period required under the Texas Prompt Payment Act; however, under no circumstances shall Design Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Design Consultant and Owner or because of amounts which Owner has a right to withhold under this Agreement or state law. 1.3.8.6 Owner may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to Owner from Design Consultant, regardless of whether the amount due arises pursuant to this Agreement or otherwise and regardless of whether the debt due to Owner has been reduced to judgment by a court. 1.3.8.7 Records of Design Consultant pertaining to this Project, and records of accounts between Owner and Design Consultant, shall be kept on a generally recognized accounting basis and shall be available to Owner or its authorized representatives at mutually convenient times. 1.3.9 INDEMNIFICATION 1.3.9.1. Design Consultant's Responsibility for Work. Approval by Owner shall not constitute nor be deemed a release of the responsibility and liability of Design Consultant, its employees, subcontractors, agents and subconsultants for the accuracy and competency of their Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by Owner for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Design Consultant, its employees, subcontractors, agents and subconsultants. 1.3.9.2 Indemnification (Damage Claims). Design Consultant agrees to defend, indemnify and hold Owner, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Design Consultant's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Design Consultant, its officers, agents, associates, employees or subconsultants, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of Owner, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Design Consultant and Owner, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to Owner under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 1.3.9.3 Indemnification (Patent and Copyright Claims). Design Consultant agrees to completely defend and indemnify Owner, its officers, agents and employees, against a claim that any of the Designs, Plans or Specifications prepared by Design Consultant, its employees, associates or subconsultants, pursuant to this Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily. Design Consultant will pay any and all resulting costs, damages and attorney's fees finally awarded, provided that: 00088534/jkg (1) Owner promptly notifies Design Consultant in writing of the claim; and (2) Design Consultant has sole control of the defense and all related settlement negotiations. 11 (3) (a) If Design Consultant defends Owner against such claims, the City Attorney of Owner shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Design Consultant on Owner's behalf. (b) Design Consultant's defense and indemnification under this section is conditioned on Owner's agreement that if any of the Designs, Plans or Specifications, become, or in Design Consultant's opinion are likely to become, the subject of such a claim, Owner will permit Design Consultant, at Design Consultant's option and expense, either to procure the right for Owner to continue using the designs, plans or specifications or to replace or modify the same so that they become non -infringing; and if neither of the foregoing alternatives is available on terms which are reasonable in Design Consultant's judgment, Owner, to the extent Owner is legally able to do so, will cease using the Designs, Plans or Specifications on written request of Design Consultant, in which instance Owner has the sole option to either require Design Consultant to perform new design work at Design Consultant's sole expense, or to terminate this Agreement. (c) Design Consultant has no liability under this section for any claim of infringement based upon the modification or alteration of the Designs, Plans or Specifications prepared under this Agreement subsequent to the Project by Owner, or by any engineering consultant subsequently employed by Owner. (d) The foregoing states the entire obligation of Design Consultant with respect to infringement of patents and copyrights. The indemnification and defense provisions as set forth in this Paragraph 1.3.9 shall not apply to products or materials which Owner has required that Design Consultant includes in any of the Designs, Plans and Specifications, or which are substituted by Contractor or any of its subcontractors during the Construction Phase of this Agreement. 1.3.10 INSURANCE 1.3.10.1 Insurance. Design Consultant, at its sole cost, shall have and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to Owner. 1.3.10.2 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Design Consultant, Design Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Paragraph 1.3.10.1 above, including the required provisions and additional policy conditions as shown below in Paragraph 1.3.10.3. As an alternative, Design Consultant may include its subconsultants as additional insureds on its own coverages as prescribed under these requirements. Design Consultant's certificate of insurance shall note in such event that the subconsultants are included as additional insureds. Design Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Design Consultant 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. Owner shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 1.3.10.3 Insurance Policy Endorsements. Each insurance policy under Paragraph 1.3.10.1 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 Owner by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 12 h fl Design Consultant shall also notify Owner, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against Owner for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Design Consultant. (3) The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of Owner 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 Owner, to any such future coverage, or to Owner's Self -Insured Retentions of whatever nature. 1.3.10.4 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Design Consultant shall be borne solely by Design Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with Owner. Such Certificates of Insurance are evidenced as Exhibit "A" entitled "Certificates of Insurance." ARTICLE 1.4 COMPENSATION 1.4.1 For Design Consultant's services as comprehensively described herein, compensation shall be computed as follows: Design Consultant's compensation for services under this Agreement shall not exceed $23,000.00 for Basic Services, which sum shall include all deliverables but shall not include reimbursable expenses. Payment to Design Consultant for approved reimbursable expenses (such as reproduction of plans and specifications, plan distribution, ADA review fees, postage, courier services, express delivery charges, travel, geo-technical report/soils investigation, and existing conditions/topographic survey) shall not exceed the sum of $000.00 without prior written approval from Owner. 1.4.2 If the services of Design Consultant are changed as described in Paragraph 1.3.3, Design Consultant's compensation shall be adjusted. Such adjustment shall be calculated as described below. 1.4.3 For a Change in Services of Design Consultant's subconsultants, compensation shall be computed as a multiple of one (1.00) times the amounts billed to Architect/Consultant for such services. 1.4.4 For Reimbursable Expenses as described herein, and any other items included in Article 1.4 as Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.00) times the expenses incurred by Design Consultant and its employees and subconsultants. 1.4.5 Other Reimbursable Expenses, if any, are as follows: None 1.4.6 An initial payment of Zero and No/100 Dollars ($ 0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. Subsequent payments for services shall be made monthly and, where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.4.7 Payments are due and payable thirty (30) days from the date of Design Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of Design Consultant. One percent (1%) per month (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at Owner's and Architect's/Consultant's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) 00088534/jkg 11 1.4.8 No deductions shall be made from Design Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors. 1.4.9 No additions shall be made to Design Consultant's compensation based upon Project construction claims, whether paid by Owner or denied. ARTICLE 1.5 MISCELLANEOUS PROVISIONS 1.5.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County, Texas. This Agreement contains the entire and fully integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. This Agreement may be supplemented or amended only by a written document executed by both parties and implemented in accordance with provisions herein. Any provision in this Agreement which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 1.5.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations begin to run any later than the date when Design Consultant's services are substantially completed. 1.5.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Owner or Design Consultant. 1.5.4 Unless otherwise provided in this Agreement, Design Consultant or Design Consultant's subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. It is expressly understood and agreed by and between the parties hereto that Owner does not request or require that Design Consultant undertake or perform any services, studies or tests, or make any determinations involving hazardous substances or conditions, as defined by federal or state law. Therefore, Design Consultant undertakes no such obligation, and Owner agrees to indemnify and hold harmless Design Consultant from and against any claims, losses, damages, liability, and costs arising out of or in any manner connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services performed by Design Consultant. If any hazardous substance or condition is observed by Design Consultant, it may be permitted by Owner to cease services until the hazardous substance or condition has been eliminated. Design Consultant shall have the obligation to notify Owner of any such substance or condition of which Design Consultant becomes aware, and Owner shall be responsible for its elimination. 1.5.5 Design Consultant shall have the right to include photographic or artistic representations of the design of the Project among the Design Consultant's promotional and professional materials. Design Consultant shall be given reasonable access to the completed Project to make such representations. However, Design Consultant's materials shall not include Owner's confidential or proprietary information if Owner has previously advised Design Consultant in writing of the specific information considered by Owner to be confidential or proprietary. Owner shall provide professional credit for Design Consultant in Owner's promotional materials for the Project. 1.5.6 If Owner requests Design Consultant to execute certificates, the proposed language of such certificates shall be submitted to Design Consultant for review at least fourteen (14) days prior to the requested dates of execution. Design Consultant shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.5.7 Owner and Design Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Nothing in this Agreement 14 shall be construed to give any rights or benefits in this Agreement to anyone other than Design Consultant and Owner, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Design Consultant and not for the benefit of any other party. Neither Owner nor Design Consultant shall assign, sublet or transfer any rights under or interest in this Agreement without the written consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Design Consultant shall execute all consents reasonably required to facilitate such assignment. 1.5.8 Design Consultant, its subconsultants, agents, employees and subcontractors, shall comply with all applicable federal and state laws, the Charter and ordinances of the City of Round Rock, in effect at applicable times, and with all applicable rules and regulations promulgated by all local, state and national boards, bureaus and agencies. Design Consultant shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 1.5.9 Design Consultant shall pay any taxes required by law arising by virtue of services performed hereunder. Owner is qualified for exemption pursuant to provisions of §151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 1.5.10 Design Consultant covenants and represents that Design Consultant, its officers, employees, agents, subconsultants 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 design or construction of the Project. 1.5.11 All notices and correspondence to Owner by Design Consultant shall be mailed or delivered as follows: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 All notices and correspondence from Owner to Design Consultant shall be mailed or delivered as follows: Kimley-Horn and Associates, Inc. (KHA) 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 This Agreement entered into as of the day and year first written above. OWNER CITY OF ROUND ROCK, TEXAS Christine R. Martinez, City Secretary FOR OWN R, APPRO / i •,- S T.017 : dij Sep-.-She,City orn/eey a r IeJ CXoSs-PZ,eic( 00088534/jkg 15 DESIGN CONSULTANT KIMLEY-110 ' •1 ' l ASSOCIA 'r S, INC. By: Thomas L. alen, Production Manager 06/•24/2005 FRI 14:46 FAX .1002/003 A CERTIFICATE • OF. LIABILITY INSURANCE Dare:62• 4O5. PRODUCER COMPANIES AFFORDLNG COVERA.GE 1313&T Insvrance.Services, Inc. ..A Lexingioiansucanec•.Company:. 7823.Nati©nal Service Road• B. • ' '•• 2°d Floor C Greensboro, NC 27419 D :'• INSURED ICinlley--Horn and Associates, Inc. 3001 Weston Parkway P O Box 33068 Raleigh, NC 27636 THIS IS TO CERTIFY THAT the' Insurcii;nastppd abovo•,is'ilisured by. the Companies listed abo•Ve dvith respect to 'the business operations bert oaftz r deaciibed, •for'the• types •af insuranca: aad• hr. accctdance Witt •fhc provisions of the standard policies used by the coiupariibs.,ind further hcrcinafter`descn'bed. •l xcbptions to thepolicies are'nated below. CO TYPE p.F POLICY LTR INSUitANCE NUMBER • EFp'EcliTv.g.'' 1190. • • LIMITS GENERAL LIABILITY ACSOREQATA , S . PRODSrCTS-COMP/OPAOo. s rP,BSONXI. & W\ iNjv)tl� $ 5ACI1OC(.URRENCE $ • tgtati a ftmA$I: (Apyone Sre) S a4D.:1*P.rxsl (Aare pion) $ _ AIYTOMO1311b UA Riu-rY• CoMa1Nl3p•siiaLnuMIT• s BUDU.Y 4NJURY (Pcr p t,dn) S E DI41r l .UVRY.(Parsoofdetn) S P.ROPP31<T' fAMACE • • $ EXCESS LIABILITY SACIi OCCt1RRBNCB • ikclotiEUAre $ WORKERS' COMPIINSAT ON .. Ry 8 AND EMPLOYES' UIOBNABIUTY q _ AIC:ii . DJ Ase-PoucY•umlrr $ DjanAsti7yAC113MPL0YEn $ PROFAS$IONAI: LIAATT.rrr 097-971 •' 12/09104 12/0910$ . 31400400 ea claim • $1.000.000 aggregate • DESCRI•P11•0N OP OPERATIONS%IACA1701:13/54113/SPEODD riBbatt XCgP77ON5 014 Soul= Park @ Pain Valley Pamily Agealia Ckn1tr 00650 -- 7/2003 Certificate of Liability Insurance Page .1 • 06724/2005-FUT ,1Si.44 t7'JC/12X'NO.•70181, 01)02 06/2472005: FRI.1446 FAX • Tkc Csty ofRoimd Rock ie named ad additional instimi+y�5 riyspcct;tg sllpolicica except `Workers' component, n, and Employers' Clablllry',and 'Professional Liability'-. Shdufd'.any qt die :goy; dcsctabcc palinic;;bc cancelled 4r, ch ed:6cGord the expiration' iate.thc cot the Issuing company will ntailthirty' (30).dayp'wiitttu itotioo to the ccttificsie bolder.:named kaiak. - . • '• CERTTICAT ROI.I3E1R: City Maiiager: CityofR.ound.Rock • • ::SIGN 221 E. MainStr ct Round Rock, Texas78664' 00650-7/2003 • • Typed Name sivart C. menus .. Title: viae Ptesidrnt • i curtificato *ofLiAbLity Iocurancc lift 49h/eking FD1 19. 4A rTYltor tan Oar R1 i;n 044