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Contract - Halff Associates - 7/23/2015 CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR DESIGN SERVICES WITH HALFF ASSOCIATES, INC. THE STATE OF TEXAS § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to design services for the proposed Heritage Trails West Project (the "Agreement') is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299 (the "City"), and HALFF ASSOCIATES, located at 4030 West Braker Lane, Suite 450, Austin, Texas 78759 (the "Consultant"). RECITALS: WHEREAS, the Heritage Trails West Project (the "Project") includes development of the Heritage Trial from west of Bathing Beach Road to the Mays Street Bridge and redevelopment of Memorial Park and the Brushy Regional Trail; and WHEREAS, City desires to contract for Consultant's professional services generally described as design services for the Project; and WHEREAS, City has determined that there is a need for the delineated services;and WHEREAS, desires to contract for such professional services; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder. NOW, THEREFORE,WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.0 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. 003337736/ss2( The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved in accordance with Section 3.0. City reserves the right to review the Agreement at any time, and may elect to terminate the Agreement with or without cause or may elect to continue. 2.0 PROPOSAL FOR SERVICES For the purposes of this Agreement, the City agrees to furnish the Consultant the information set forth and appended to this Agreement as Exhibit "A" titled "City Services." For purposes of this Agreement Consultant has issued its proposal for services for the tasks delineated therein, such proposal for services being appended to this Agreement as Exhibit `B" titled "Scope of Work," which document is attached hereto and incorporated herein by reference for all purposes. 3.0 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit`B." Consultant shall perform the Scope of Services in accordance with the Work Schedule set forth in Exhibit"C." Consultant's undertaking shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended Proposal for Services, Scope of Services, the Work Schedule and in accordance with due care and prevailing consulting industry standards for comparable services. 4.0 LINIITATION TO SCOPE OF SERVICES Consultant and City agree that the scope of services to be performed is enumerated in Exhibit `B" and herein, and may not be changed without the express written agreement of the parties. Notwithstanding anything herein to the contrary, the parties agree that City retains absolute discretion and authority for all funding decisions, such to be based solely on criteria accepted by City which may be influenced by but not be dependent on Consultant's work. 5.0 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant an amount not-to-exceed Three Hundred Sixty-Five Thousand Dollars and No Cents ($365,000.00), in accordance with Exhibit "D" entitled "Fee Schedule," which document is attached hereto and incorporated herein by reference for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit`B." 2 Deductions: No deductions shall be made for Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions: No additions shall be made to Consultant's compensation based upon project claims, whether paid by the City or denied. 6.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to the City, in accordance with the delineation contained herein, for services rendered. Such invoices for professional services shall track the referenced Scope of Work, and shall detail the services performed, along with documentation for each service performed. Payment to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by the City. Such invoices shall conform to the schedule of services and costs in connection therewith. Should additional backup material be requested by the City relative to service deliverables, Consultant shall comply promptly. In this regard, should the City determine it necessary, Consultant shall make all records and books relating to this Agreement available to the City for inspection and auditing purposes. Payment of Invoices: The City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 8.01 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and the City or because of amounts which the City has a right to withhold under this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. 7.0 INTERLOCAL COOPERATIVE CONTRACTING/PURCHASING Authority for local governments to contract with one another to perform certain governmental functions and services, including but not limited to purchasing functions, is granter under Government Code, Title 7, Chapter 791, Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 27 1.101 and Section 271.102. 8.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the City to Consultant will be made within thirty (30) days of the date the City receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the City receives a correct invoice for the goods or services, whichever is 3 later. Consultant may charge interest on an overdue payment at the "rate in effect"on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the City in the event: (a) There is a bona fide dispute between the City and Consultant, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or (b) There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or (c) The terms of a federal contract, grant, regulation, or statute prevent the City from making a timely payment with federal funds; or (d) The invoice is not mailed to the City in strict accordance with any instruction on the purchase order relating to the payment. 9.0 NON-APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of the City's current revenues only. It is understood and agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of the City does not appropriate funds sufficient to purchase the services as determined by the City's budget for the fiscal year in question. The City may effect such termination by giving Consultant a written notice of termination at the end of its then- current fiscal year. 10.0 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall be in reasonable conformity to Consultant's schedule tendered to City and attached as Exhibit"C." 11.0 SUPPLEMENTAL AGREEMENT The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or by the City Manager, if the City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and the City shall not be responsible for actions by Consultant nor for any costs incurred by 4 Consultant relating to additional work not directly authorized by Supplemental Agreement. 12.0 TERMINATION; DEFAULT Termination: It is agreed and understood by Consultant that the City may terminate this Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work being performed under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily completed and shall be compensated in accordance with the terms hereof for work accomplished prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or anticipated profits for work terminated under this Agreement. Unless otherwise specified in this Agreement, all data, information, and work product related to this project shall become the property of the City upon termination of this Agreement, and shall be promptly delivered to the City in a reasonably organized form without restriction on future use. Should the City subsequently contract with a new consultant for continuation of service on the project, Consultant shall cooperate in providing information. Termination of this Agreement shall extinguish all rights, duties, and obligations of the City and the terminated party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory or which is not performed in compliance with the terms of this Agreement. Default: Either party may terminate this Agreement, in whole or in part, for default if the Party provides the other Party with written notice of such default and the other fails to satisfactorily cure such default within ten (10) business days of receipt of such notice (or a greater time if agreed upon between the Parties). If default results in termination of this Agreement, then the City shall give consideration to the actual costs incurred by Consultant in performing the work to the date of default. The cost of the work that is useable to the City, the cost to the City of employing another firm to complete the useable work, and other factors will affect the value to the City of the work performed at the time of default. Neither party shall be entitled to any lost or anticipated profits for work terminated for default hereunder. The termination of this Agreement for default shall extinguish all rights, duties, and obligations of the terminating Party and the terminated Party to fulfill contractual obligations. Termination under this section shall not relieve the terminated party of any obligations or liabilities which occurred prior to termination. Nothing contained in this section shall require the City to pay for any work which it deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement. 5 13.0 NON-SOLICITATION Except as may be otherwise agreed in writing, during the term of this Agreement and for twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall employ any person employed then or within the preceding twelve (12) months by the other or any affiliate of the other if such person was involved, directly or indirectly, in the performance of this Agreement. This provision shall not prohibit the hiring of any person who was solicited solely through a newspaper advertisement or other general solicitation. 14.0 CITY'S RESPONSIBILITIES Full information: The City shall provide full information regarding project requirements. The City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required to enable Consultant to provide the services called for. The City shall require its employees and any third parties who are otherwise assisting, advising or representing the City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by the City and its employees and agents as accurate and complete. Consultant may rely upon any written directives provided by the City or its designated representative concerning provision of services as accurate and complete. Required materials: Consultant's performance requires receipt of all requested information reasonably necessary to provision of services. Consultant agrees, in a timely manner,to provide City with a comprehensive and detailed information request list, if any. 15.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, and is not the City's employee. Consultant's employees or subcontractors are not the City's employees. This Agreement does not create a partnership, employer-employee, or joint venture relationship. No party has authority to enter into contracts as agent for the other party. Consultant and the City agree to the following rights consistent with an independent contractor relationship: (1) Consultant has the right to perform services for others during the term hereof. (2) Consultant has the sole right to control and direct the means, manner and method by which it performs its services required by this Agreement. (3) Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement. (4) Consultant or its employees or subcontractors shall perform services required hereunder, and the City shall not hire, supervise, or pay assistants to help Consultant. 6 (5) Neither Consultant nor its employees or subcontractors shall receive training from the City in skills necessary to perform services required by this Agreement. (6) City shall not require Consultant or its employees or subcontractors to devote full time to performing the services required by this Agreement. (7) Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of the City. 16.0 CONFIDENTIALITY; MATERIALS OWNERSHIP Any and all programs, data, or other materials furnished by the City for use by Consultant in connection with services to be performed under this Agreement, and any and all data and information gathered by Consultant, shall be held in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that the City is subject to the Texas Public Information Act and its duties run in accordance therewith. All data relating specifically to the City's business and any other information which reasonably should be understood to be confidential to City is confidential information of City. Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries, inventions, know-how, and any other information which reasonably should be understood to be confidential to Consultant is confidential information of Consultant. The City's confidential information and Consultant's confidential information is collectively referred to as "Confidential Information." Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party's prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party's Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the "Disclosing Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. 7 Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including subpoena or other similar form of process, provided that (without breaching any legal or regulatory requirement) the party to whom the request is made provides the other with prompt written notice and allows the other party to seek a restraining order or other appropriate relief. Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall preclude or limit Consultant from providing similar services for other clients. Neither the City nor Consultant will be liable to the other for inadvertent or accidental disclosure of Confidential Information if the disclosure occurs notwithstanding the party's exercise of the same level of protection and care that such party customarily uses in safeguarding its own proprietary and confidential information. Notwithstanding anything to the contrary in this Agreement, the City will own as its sole property all written materials created, developed, gathered, or originally prepared expressly for the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than Deliverables). Consultant's working papers and Consultant's Confidential Information (as described herein) shall belong exclusively to the Consultant. City shall have a non-exclusive, non-transferable license to use Consultant's Confidential Information for City's own internal use and only for the purposes for which they are delivered to the extent that they form part of the Deliverables. 17.0 WARRANTIES Consultant represents that all services performed hereunder shall be performed consistent with generally prevailing professional or industry standards, and shall be performed in a professional and workmanlike manner. Consultant shall re-perform any work no in compliance with this representation. 18.0 LIMITATION OF LIABILITY Should any of Consultant's services not conform to the requirements of the City or of this Agreement, then and in that event the City shall give written notification to Consultant; thereafter, (a) Consultant shall either promptly re-perform such services to the City's satisfaction 8 at no additional charge, or (b) if such deficient services cannot be cured within the cure period set forth herein,then this Agreement may be terminated for default. In no event will Consultant be liable for any loss, damage, cost or expense attributable to negligence, willful misconduct or misrepresentations by the City, its directors, employees or agents. 19.0 INDEMNIFICATION Consultant shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of Consultant or of any person employed by Consultant or under Consultant's direction or control. Consultant shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys' fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Consultant, its agents, or employees. 20.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party's prior written approval, which approval shall not be unreasonably withheld. 21.0 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. The City will not do the following: (1) Withhold FICA from Consultant's payments or make FICA payments on its behalf; (2) Make state and/or federal unemployment compensation contributions on Consultant's behalf; or (3) Withhold state or federal income tax from any of Consultant's payments. If requested, the City shall provide Consultant with a certificate from the Texas State Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas Sales and Use Tax. 9 22.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits, licenses, trademarks, or copyrights required in the performance of the services contracted for herein, and same shall belong solely to the City at the expiration of the term of this Agreement. 23.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, 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 hereunder. 24.0 DESIGNATION OF REPRESENTATIVES The City hereby designates the following representative authorized to act on its behalf with regard to this Agreement: Katie Baker, Park Development Specialist Parks and Recreation Department 301 W. Bagdad Street, Suite 250 Round Rock, TX 78664 The Consultant hereby designates the following representative authorized to act on its behalf with regards to this Agreement: Tim Bargainer Halff Associates, Inc. 4030 West Braker Lane, Suite 450 Austin,TX 78759 25.0 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: (1) When delivered personally to recipient's address as stated herein; or (2) Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. 10 Notice to Consultant: Halff Associates, Inc. 4030 West Braker Lane Suite 450 Austin, TX 78759 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 26.0 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, 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 Texas. 27.0 EXCLUSIVE AGREEMENT The terms and conditions of this Agreement, including exhibits, constitute the entire agreement between the parties and supersede all previous communications, representations, and agreements, either written or oral, with respect to the subject matter hereof. The parties expressly agree that, in the event of any conflict between the terms of this Agreement and any other writing, this Agreement shall prevail. No modifications of this Agreement will be binding on any of the parties unless acknowledged in writing by the duly authorized governing body or representative for each party. 28.0 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14) or any applicable state arbitration statute. 11 29.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 30.0 STANDARD OF CARE Consultant represents that it is specially trained, experienced and competent to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed, whether by Consultant or designated subconsultants, in a manner acceptable to the City and according to generally accepted business practices. 31.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is determined by City that gratuities or bribes in the form of entertainment, gifts, or otherwise were offered or given by Consultant or its agents or representatives to any City Officer, employee or elected representative with respect to the performance of this Agreement. In addition, Consultant may be subject to penalties stated in Title 8 of the Texas Penal Code. 32.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure an anticipatory repudiation of this Agreement. 33.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each Phase of this Agreement within the agreed project schedule may constitute a material breach of the Agreement. 12 Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without a waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Notwithstanding any other provisions hereof to the contrary, no failure, delay or default in performance of any obligation hereunder shall constitute an event of default or breach of this Agreement, only to the extent that such failure to perform, delay or default arises out of causes beyond control and without the fault or negligence of the party otherwise chargeable with failure, delay or default; including but not limited to acts of God, acts of public enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. Section Numbers. The section numbers and headings contained herein are provided for convenience only and shall have no substantive effect on construction of this Agreement. Waiver. No delay or omission by either party in exercising any right or power shall impair such right or power or be construed to be a waiver. A waiver by either party of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in writing and signed by an authorized representative of the party against whom such waiver or discharge is sought to be enforced. Multiple Counterparts. This Agreement may be executed in multiple counterparts, which taken together shall be considered one original. The City agrees to provide Consultant with one fully executed original. [Signatures on the following page.] 13 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of RouRock, Texas Halff Associates,In By: By: Printed Name: w Printed Name: Title: -df' Title: V1 e-P, 17/0-&-Ap•(r Date Signed: (52 Date Signed: , 1u114 --tl- -9,015 For City,Attest: By: � Sara L. White, City Clerk For City proved as to orm: B . Stephan . Sheets, City Attorney 14 EXHIBIT "A" CITY SERVICES Heritage Trail West City of Round Rock A1.0 Design Studies and Design Criteria • As-built plans for existing facilities adjacent to this project, if available. • Existing geotechnical reports and data for existing facilities adjacent to this project, if available. • Utility information (plans, maps, etc.) both current and archived within the City of Round Rock, if available. A2.0 Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meetings A3.0 Field Surveying and Photogrammetry Provide all available survey and photogrammetry information to date. A4.0 Drainage • Provide available information and studies on existing drainage areas. • Provide hydraulic design criteria for project design. • Provide standard details and specifications as necessary to assist design consultant. A5.0 Miscellaneous • Provide direction necessary for aesthetic treatment of existing and proposed structures, amenities and landscaping. • Provide copies of all licensing agreements, utility agreements and other legal instruments related to the project. • Prepare and coordinate any required Licensing and/or Utility Agreements. • Pay all filing; permit review, application and inspection fees. • Provide any other pertinent information to assist design consultant. • Acquire right-of-entry on any property not owned by the City should it be determined necessary to complete the scope of work identified within this agreement. • It is the City's responsibility to facilitate and coordinate with private property owners, if deemed necessary. Exhibit A" 1 HalffAssociates Inc. City of Round Rock—Heritage Trail West EXHIBIT "B" SCOPE OF WORK Heritage Trail West City of Round Rock The purpose of the services proposed herein is to provide professional consulting services consisting of but not limited to landscape architecture, civil and structural engineering, MEP engineering and architecture necessary for the development of the Heritage Trail West Project. The project encompasses the corridor from just west of the Bathing Beach Park to the Mays Street Bridge; refer Project Scope Map located at the end of Exhibit-B. The Consultant intends to work in effective cooperation with the City and provide all necessary plans and graphics needed for permitting/approval from, Texas Commission on Environmental Quality (TCEQ), THC, TxDOT, Union Pacific Railroad and other regulatory entities to achieve an efficient and acceptable implementation of the project. Program Consultant shall provide services, as later described for the following general program elements. • Bathing Beach Park (per approved Master Plan dated 7/9/2013 developed by others) • Heritage Trail West Design (per approved schematic design dated 8/21/2014 developed by others) • Chisholm Trail Crossing Park • The Brushy Creek pedestrian bridge/gateway at Chisholm Trail Road — existing abutments to be used contingent upon structural evaluation. New abutments may be required. Pre- engineered bridges to be used. • 1-35 underpass beautification • Timeline site furnishings and signage • Memorial Park improvements, including playground , trail at north and design of Memorial Park as shown in plans • Interpretive portals • 10' wide regional trail • Canoe/kayak launch station • Environmental awareness station • Miscellaneous sidewalks • Baseball Field, RestroomlConcession building , Fencing, dugout improvements and associated on-site utility improvements • Fence and overhead protection at bluff from school ball field • Overlooks at bluff • Plan for future trail underpass of Mays Street bridge • (20) art/mural concepts to direct artists (includes 1 revision each) • Lighting design • Landscape and irrigation design • ADA improvements to existing park elements to bring into compliance Exhibit"8" 2 Halff Associates Inc. City of Round Rock—Heritage Trail West Development Budget Goal A proposed development budget goal for all park program items indicated and professional services is generally established at $6.5 million dollars by the City. Consultant does not guarantee that proposals, bids, or actual Project construction costs may not vary from its opinion of probable construction costs (OPCC). Given the above stated general project information Consultant will provide the following scope of basic services per task listed once the City has issued an executed agreement. BASIC SERVICES The proposed basic services, which are outlined below, shall include project management coordination, data collection, site assessment, programming Ischematic design, design development, construction documents, regulatory entitlement I permitting, bidding assistance and construction phase services, project design surrey, environmental services, geotechnical services. TASK 1: PROJECT MANAGEMENT I COORDINATION This task will include the following activities: • Coordinate a kick-off meeting with the design team and City to identify project goals, schedules and projected milestones from schematic design through construction. • Provide overall project management services including budget control, schedule control, project coordination, resource allocation, sub-consultant management and coordination and preparation & processing of invoices. • Ensure timely delivery of all deliverables including electronic files, and hard copies of all pertinent information, all in American Standard System of Measure format. • Perform Quality Control I Quality Assurance reviews. • Attend team site visit/meetings, City Council presentation(2 meetings and pre-development meeting (1 meeting) • Attend 60% submittal review meetings and coordinate comment responses and approvals with design team (1 meeting). • Attend 90% meetings and coordinate comment responses and approvals with design team. (1 meeting). • Attend 100% review meetings and coordinate comment responses and approvals with design team. (1 meeting). • Assist City in filing the appropriate plans, documents and reports with jurisdictional and regulatory agencies. Submittal may include but not be limited to: the City Planning Development Services Office, THC, TCEQ, TDLR, Union Pacific Railroad and TxDOT. • Review all modifications and comments requested by jurisdictional and regulatory agencies with the City. • Coordinate and oversee revisions to drawings and assist City in submitting final documents to the appropriate agency(s) for final processing, approvals and permits. Exhibit`B" 3 Halff Associates Inc. City of Round Rock—Heritage Trail West *All filing, permit review, application and inspection fees to be paid by the City of Round Rock or billed as reimbursables. *Deliverable quantities for permitting to be determined by City; plans, specification, reports, etc. to be billed as reimbursable expenses. TASK 2: DESIGN DEVELOPMENT (BILLING GROUP 24) Upon Client's authorization to commence with design development, Consultant shall review and complete design development drawings and a preliminary opinion of probable construction costs (OPCC) previously developed by others. The design development plans will further define the character and essentials of the project concept, including description of materials. This process shall include: • Conduct preliminary meeting(s) and/or research with regulatory entities to determine permit requirements including Pre-development meeting with City Planning Development Services Office (DSO) and Floodplain Administrator. • Review preliminary design development drawings developed by others with Client. • Provide (1) updated/revised revision to design development drawings and OPCC including appropriate escalation factors and contingencies. • Review final design development drawings and OPCC with Client. • Present design development drawings and OPCC to City Council (one meeting) and Historic Preservation Commission (one meeting) for approval to proceed with Construction Documentation. Presentation will consist of (1) refined illustrative site plan and (6-10) illustrative graphics for park improvements. The presentation will be in power point format. • Attend public meeting to present illustrative site plan and graphics. Presentation graphics will be printed and mounted on boards for public viewing. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. • Consultant shall coordinate with design consultant of Heritage Trail East on unifying design elements of both sections. Unifying design elements include, but are not limited to, material selection, paving types/patterns, trail maps, decade markers, directional signs, node markers, interpretive signage, portals, mile markers, paving emblems, common thread/ribbon elements, lighting, banners, timeline elements, site furnishings, and trail heads. Unifying elements shall be sent to City for review and direction will be given to consultant on design revisions. Consultant shall make all necessary revisions to unifying elements as part of basic services. TASK 3: CONSTRUCTION DOCUMENTS Upon City's approval of the Design Development drawings and OPCC, the Consultant will develop working/construction drawings and technical specifications necessary to construct the work. Construction drawings may include, but not be limited to the following information: general construction and project specific notes, utilities, grading, drainage, dimension control/layout, erosion/sedimentation/tree protection, site construction details, architectural, structural and mechanical, electrical, plumbing, irrigation plans, and details. Consultant shall compliment drawings with Contract Documents and Technical Specifications including quantity take-offs, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the Exhibit`B" 4 Halff Associates Inc. City of Round Rock—Heritage Trail West construction of the work. Consultant shall coordinate any utility needs and adjustment with the City and utility service provider(s). • Initiate and attend Predevelopment meeting with City Planning Development Services Office and Floodplain Administrator if time has lapsed from initial meeting conducted with Design Development. • Preliminary floodplain I drainage investigation necessary to assess required design response. The investigation will include : o Obtain and evaluate the current Upper Brushy Creek WCID (UBCWCID) hydrologic and hydraulic analysis along Brushy Creek. o Compare the UBCWCID analysis to the Current Effective FEMA analysis. o Prepare a "Pre-Project" (Existing Condition) hydraulic simulation to evaluate the potential impacts of the proposed trail within the floodplain of Brushy Creek. o This task includes supplementing the UBCWCID draft hydraulic model with supplemental cross-sections where appropriate to define base conditions. o Preliminary field investigation of the Brushy Creek ordinary high water locations specifically near critical trail features and roadway crossings. Preliminary field investigation of potential wetlands along the Brushy Creek banks where trail improvements are proposed. Conceptually identify potential impacts to the waters of the U.S. and wetlands. Prepare a brief paragraph summarizing preliminary findings of preliminary environmental impacts and potential necessary USACE permitting. o Prepare a proposed "Post-Project" hydraulic simulation to compute the potential impacts of the proposed trail within the floodplain of Brushy Creek. o This task includes adding the proposed development along Brushy Creek to compute hydraulic impacts. o Compute (tabular format) proposed floodplain volume displacement that may require mitigation. o Conceptually identify potential locations where detailed floodplain analysis will be necessary to mitigate potential impacts. o Prepare a brief memorandum summarizing findings of preliminary floodplain analysis and potential future detailed analysis with general mitigation concepts. o If floodplain administrator believes proposed design might require USACE approval, consultant shall coordinate with USACE to determine if permitting is required. Disclaimer, does not include: • Hydrologic Analysis (this is not necessary due to the drainage area of Brushy Creek minimal additional impervious cover will have insignificant affect) • Detailed Floodplain Analysis (identify mitigation options), identify mitigation options, simulate proposed mitigation, coordinate design modifications, and prepare a brief memorandum summarizing the results of the floodplain analysis. • Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) • USA CE Permitting and associated coordination • NEPA documentation • TxDot Categorical Exclusions (CE) Exhibit`B" 5 Halff Associates Inc. City of Round Rock—Heritage Trail West • Prepare sixty percent (60%) construction drawings and OPCC including appropriate escalation factors and contingencies. • Review 60% construction drawings, specifications/project manual and OPCC with City. • Prepare ninety percent (90%) construction drawings, specifications/project manual and OPCC including appropriate escalation factors and contingencies. • Review 90% construction drawings, specifications/project manual and OPCC with City. • Prepare one hundred percent (100%) construction drawings, specifications, reports, permit applications and other documents required for permitting and construction; update OPCC including appropriate escalation factors and contingencies. • Informal digital submittals throughout the design process to be submitted to the PARD Department for review and comment. *Deliverable quantities to be determined by City, billed as reimbursable expenses. TASK 4: PROJECT DESIGN SURVEY Consultant shall provide the following services: • Conduct preliminary survey meeting with design team and City staff to confirm limits of survey work on north side of Memorial Park for trail and lighting improvements. Conduct horizontal and vertical control survey on State Plane Grid and North American Vertical Datum of 1988, NAVD88 for trail section north of Memorial Park between 1-35 and Lee St. • A topographic survey with one-foot contours, location of above-ground and visible improvements, and location of hardwood trees 4" and up for the defined survey area. • The graphical location of the property lines within the limits of the survey. • One (1) benchmark along the survey limits. TASK 5: REGULATORY ENTITLEMENT I PERMITTING 5.1 Texas Commission on Environmental Quality: Water Pollution Abatement Plan (WPAP) Consultant shall provide the following services: • Prepare a WPAP to reflect the proposed improvements for the park. • Review and incorporate Geological Assessment/ Karst Survey within application. • Meet with TCEQ to review application and address any comments required for approval/permitting. • Prepare SWPPP *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 5.2 Texas Department of Transportation: Park within 1-35 R.O.W. Consultant shall provide the following services: • Prepare exhibits showing proposed improvements within R.O.W. • Review and discuss with TxDOT District Office. • Prepare and submit permit application(s) as required. • Meet with TxDOT to review application and address any comments required for approval/permitting. Exhibit"8" 6 HalffAssociates Inc. City of Round Rock—Heritage Trail West *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 5.3 Texas Department of Licensing and Regulations: Texas Accessibility Standards (TAS) Compliance Consultant shall register the project with the TDLR, submit plans and address any comments as required for conditional plan approval to secure compliance with the Texas Accessibility Standards and American with Disabilities Act. TDLR inspection for compliance with TAS will be required upon completion of project construction. *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 5.4 City of Round Rock: Site Development and Building Permit Consultant shall follow all required development permit processes within the City of Round Rock Development Services Office. Consultant shall establish a pre-development meeting and provide all documents necessary to secure approvals and permitting. Consultant shall provide the following services: • Establish and attend required meetings with the City departments as required. • Prepare necessary plans and application(s) for proposed park project improvements. • Review and address any comments required for approval and permitting. It is assumed all required fees for review and processing will be waived. However, any fees that may be associated with permitting and/or inspections will be the responsibility of the City of Round Rock. 5.5 Union Pacific Railroad: Construction Permit Consultant shall provide the following services: • Prepare exhibits showing proposed improvements within R.O.W. • Review and discuss with Union Pacific Railroad. • Prepare and submit permit application(s) as required. Meet with Union Pacific Railroad to review application and address any comments required for approval/permitting. *All required permitting, review and/or inspection fees are the responsibility of the City of Round Rock or to be billed as a reimbursable expense. 5.6 Texas Historical Commission & Round Rock Historic Preservation Commission Consultant shall provide the following services: • Prepare exhibits showing proposed improvements • Review and discuss with THC/RRHPC • Prepare/submit permit applications as required • Meet with THC/RRHPC to review application and address comments required for approval Exhibit`B" 7 Halff Associates Inc. City of Round Rock—Heritage Trail West TASK 6: BIDDING ASSISTANCE Consultant shall assist City during the bidding process. This task will include the following services: • Coordinate the schedule for bid advertising, pre-bid conference, and bid opening. • Prepare and organize bid solicitation and proposal forms consistent with the City's requirements. • Arrange for printing and distribution of the bid documents. • Conduct pre-bid conference. • Address contractor RFI's, prepare and issue addenda as required. • Attend the bid opening, review/evaluate bids including alternates and formulate bid tabulation. • Provide written recommendation to City. • Once approved by City Staff, attend City Council meeting for award of construction contract. • Assist with issuance of the Notice of Award and construction contract documents/agreement. TASK 7: CONSTRUCTION PHASE SERVICES Consultant shall assist City during the construction process. Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures in connection with the work and Consultant shall not be responsible for the contractor's errors or omissions or failure to carry out the work in accordance with the contact documents. City will provide and pay for construction inspection and materials testing services. The construction phase process shall include: • Assist City with Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds and insurance from the contractor. • Conduct and oversee a pre-construction meeting. • Constructions observation — preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals, samples and mock-ups (as required). • Conduct and oversee bi-monthly progress meetings. Estimate construction time 12 months. • Review and approve contractor's monthly Application and Certification for Payment. • Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list and letter of substantial completion for incomplete items including time for completion. • Coordinate and attend final inspection, including. TAS inspections. • Conduct final inspection for acceptance of project and issue letter of concurrence. • Acquire final close-out documents, warranties, accurate as-built drawings and other documents from contractor required to close-out project. • Review and approve contractor's final Application(s) for Payment including retainage. *Field changes, change directives, change orders or any other changes during construction of the Project initiated by the City, without prior written consent of the Consultant, shall indemnify and hold harmless Consultant and its sub-consultants from all claims, any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising from such changes. Exhibit«8» 8 Halff Associates Inc. City of Round Rock—Heritage Trail West TASK 8: ENVIRONMENTAL SERVICES Consultant shall finalize Geologic Assessment, Karst & Salamander Habitat Assessment. The scope of work efforts proposed herein will include an assessment summary and mapping of the potential for sensitive and protected environmental features on the park property. ADDITIONAL SERVICES The following services are not included within the scope of basic services unless previously discussed above. Should Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be performed as Additional Services. Additional Services shall only be provided if previously authorized by the Client. Additional Services may include, but not be limited to, the following: • HPC Submissions/Studies beyond addressed in above scope • Surveying Services • Property Title Research • Geological Assessment • Existing Abutment Evaluation • Detailed Flood Plain Analysis • Hydrologic Analysis • CLOMR and/or LOMR • Preparation of Phased bid package(s) with reduced scope of items defined herein, including construction drawings and specifications. • Traffic Impact Analysis. • TxDOT roadway modifications. • Traffic Control Plans. • Construction Staking. • Construction Materials Testing. • Geotechnical investigation for new bridge piers, abutments and other structures not accounted for in basic scope of services. • Bridge Design (other than pre-engineered structures). • Hazardous Site Assessments. • Environmental services • Archeological Assessment • Land Acquisition services. • Easement acquisition or vacation including preparation of easement documents in addition to those provided and finalized by others for this project. • Legal Lot Determinations unless defined within scope of services. • Preparation of multi-use agreement(s) and exhibits. • Assistance or representation in litigation concerning the property of proposed project. • Conflict Resolution. • Preparation and processing of Waivers, Variances or Exceptions. • Services required after final acceptance of construction work. Exhibit`B" 9 Halff Associates Inc. City of Round Rock—Heritage Trail West • Permitting through Army Corp of Engineers (USACE). • Revisions to drawings previously approved by the City and regulatory entities due to changes in: Project scope, budget, schedule, unforeseen subsurface construction conditions or when such revisions are inconsistent with written approvals or instructions previously given; enactment or revision codes, laws, or regulations subsequent to the preparation of such documents. • Preparation of presentation materials for marketing or purposes other than in-progress approvals. • Public or other presentations beyond those described in scope of services. • Provide consultation, drawings, reports and other work products related to permits, approvals and ordinances not described in scope of services. • Providing professional services for the field selection of plant materials. • Gas, Telephone/Communication design. • Design of utility extension(s) to the project site. • Preparation of record documents from contractors as-built drawings • Providing services other than those outlined in scope of services. • Any services related to ROW acquisition CLARIFICATIONS The following are clarifications regarding scope of basic services: • All application and processing fees are the responsibility of the City. • City to supply current Title Commitment or Policies (if applicable). Additional research beyond what is included in the title commitment is not included. • Resolution of conflicts not included. • Coordination with the utility companies for the design and construction of electric, telephone and gas service will be provided by City. • Right-of-Way or easement acquisition will be handled by the City. Exhibit v8" 10 Halff Associates Inc. City of Round Rock—Heritage Trail West Ci O co N M U O O h AUT ak Q (D - 4 y �. �"7� '`,�'��{„[. :� ! — YY •�� mkt� � K•� ;ra y+�� � i N J/�',,.lh� _.,..... qL ON IV x;asy .M • a v Y w 1 e - r „ 4 ' e , a. r., o. :>^"'7 ,_?�.=��..- +,.■, _� �. t_ _l. as .... .. ..J. �� o-.S�_.....��L.:a=•Jt. �• .� _..�s'�'..i .•. � __..:,P'"YA.':.� U G m ;p O WU EXHIBIT C TENATIVE PROJECT SCHEDULE for HERITAGE TRAIL WEST 2015 2016 Aug. I Sept. I Oct. Nov, Dec. Jan. I Feb. March I April. May 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Design Task Design Services 1.0 Project Management I Coordination(on-going throughout design phases) 4.0 Project Design survey assumed 3 wks. 2.0 Design Development assumed 4 wks. 3.0 Construction Documents assumed 12 wks. 60%Construction Documents 90%Construction Documents 100%Construction Documents 5.0 Regulatory Entitlement I Permitting assumed 12 wks. WPAP(TCEQ) (TxDOT)1-35 R.O.W. TDLR:TAS Compliance CORR:DSO Permitting Union Pacific Railroad application I permit THC&RRHPC Permitting 8.0 Environmental Services assumed 2 wks. Geologic Assessment(required by TCEQ) Karst I Salamander Habitat Assessment Letter(required by TCEQ) 6.0 Bidding Assistance assumed 8 weeks -StartBid Dates to be determined 7.0 Construction Phase Services(Assumed start date May 2016-May 2017) Note:This schedule is tentative and general design and review time may adjust overall project deadlines. Milestone Total contract time to equal 20 months Exhibit D Fee Schedule Project Name: City of Round Rock Heritage Trail West Total Total Other Task Labor Hours Loaded Labor Cost Direct Costs TOTALS Task 1: Project Management I Coordination 88 $10,550.00 $0.00 $10,550.00 Task 2: Design Development 245 $39,400.00 $0.00 $39,400.00 Task 3:Construction Documents 620 $193,550.00 $0.00 $193,550.00 Task 4: Project Design Survey 0 $2,000.00 $0.00 $2,000.00 Task 5:Regulatory Entitlement I Permitting 0 $33,350.00 $0.00 $33,350.00 Task 5.1:WPAP(TCEQ) 10 $1,100.00 $0.00 $1,100.00 Task 5.2:TxDOT 55 $5,800.00 $0.00 $5,800.00 Task 5.3:TAS(TDLR-Accessibility Compliance) 55 $5,800.00 $0.00 $5,800.00 Task 5.4: Bldg.&Site Permits(DSO Services) 55 $5,800.00 $0.00 $5,800.00 Task 5.5: Union Pacific Railroad 45 $4,800.00 $0.00 $4,800.00 Task 5.6:Texas Historical Commission&RRHPC 15 $1,800.00 $0.00 $1,800.00 Task 6: Bidding Assistance 130 $20,150.00 $0.00 $20,150.00 Task 7:Construction Phase Services 340 $60,850.00 $0.00 $60,850.00 Task 8: Environmental Services 0 $2,650.00 $0.00 $2,650.00 Task 9: Reimbursable Expenses 0 $0.00 $2,500.00 $2,500.00 GRAND TOTAL: 1,658 $387,600.00 $2,500.00 $365,000.00 EXHIBIT E CERTIFICATE OF INSURANCE (see attached) Exhibit A" 1 Halff Associates Inc. City of Round Rock—Heritage Trail West ACC)I" CERTIFICATE OF LIABILITY INSURANCE DATE Y) 2/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Candy Goehrin NAME: y g Bell Insurance PHONE (972)581-4800 FAX A1C No (972)561-4850 16980 Dallas Parkway#210 EMAIL .cgoehring@bellgroup.com INSURERS AFFORDING COVERAGE NAIC# Dallas TX 75248 INSURER Aklassachusetts Bay 22306 INSURED INSURER B:Allmerica Financial Benefit 41840 Halff Associates, Inc. INSURERC:The Hanover Ins. Co. 22292 1201 N. Bowser INSURERD:Ironshore Specialty Ins. Co. 25445 INSURER E: Richardson TX 75081 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 Master 2MIL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE RENTED X COMMERCIAL GENERAL LIABILITY PR M SESOEa occurrrence S 1,000,000 A CLAIMS-MADE ❑X OCCUR ZDDA051278 7/12/2014 /12/2015 MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED WDA051300 /12/2014 /12/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,OOO,OOO C EXCESS UAB CLAIMS-MADE AGGREGATE S 5,000,000 DED X I RETENTIONS 10,00 HDA051287 /12/2014 /12/2015 $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/NTORY ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) ioDA028649 /12/2014 /12/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability 002091900 /12/2014 /12/2015 Per Claim $2,000,000 Claims Made Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Department AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock, TX 78664-5299 T J. Ashley/CANDY ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD