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Contract - Halff Associates, Inc. - 9/10/2015 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 development of an Adult Sports Complex in Old Settlers Park (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 Old Settlers Park Adult Sports Complex Project (the "Project") includes development of the various adult fields, courts, recreational activities, parking and related facilities at Old Settlers Park; 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. 00340948/ss2 --2015 '1-b?-' 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 LIMITATION 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 Payment for Services: In consideration for the professional consulting services to be performed by Consultant, City agrees to pay Consultant an amount not-to-exceed Five Hundred Eighty-Four Thousand Eight Hundred Ninety Dollars and No Cents ($584,890.00), 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 2 Services deliverables as delineated in Exhibit`B." Payment for Reimbursable Expenses: The City shall reimburse Consultant for reasonable Reimbursable Expenses for travel and office expenses in an amount not to exceed Two Thousand Five Hundred Dollars and no cents ($2,500.00), which is included as part of the total not-to-exceed fee of$584,890.00. Travel reimbursements may be made for meals, travel, and lodging as follows: (1) all travel shall be in coach and not business class; (2) reasonable toll road charges shall be reimbursable; (3) lodging shall be in a hotel located within City limits; and (4) meals shall be reimbursed at an amount not-to-exceed $50.00 per day. It shall be in the sole discretion of the City to determine if expenses are reasonable and qualify for reimbursement pursuant to the terms of the Agreement. Consultant is responsible for providing all receipts to City for the reimbursement of items set forth above. Costs of personal entertainment, amusements, alcoholic beverages, traffic citations, personal items or illegal activities will not be reimbursed. Expenses due to vacations or personal trips in conjunction with City travel are not reimbursable. Adequate travel time is allowed, but travel expenses are not paid for absences not required by City business. 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 3 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 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 4 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 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. 5 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. 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. 6 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. (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. 7 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. 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. 8 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 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. 9 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. 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: 10 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. 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. 11 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. 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. 12 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. 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 13 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 ZD IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. City of R Rock, xas HaljNe:" Inc. By. By. . Printed Name• h �/.l PrinYVV* Title: fA 01(' TitlP1/1 Date Signed: 10 . Date Signed: Zw For City,Attest: By: Sara L. White, City Clerk For CityApproved as to orm: By: ,:A)..mv'c Stephan'V. Sheets, City Attorney 14 EXHIBIT "A" CITY SERVICES Old Settlers Park Adult Sports Complex CITY of Round Rock EXHIBIT A: SERVICES TO BE PERFORMED BY CITY 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. Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meetings Field Surveying and Photogrammetry Provide all available survey and photogrammetry information to date. 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. 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—Old Settlers Park Adult Sports Complex EXHIBIT "B" SCOPE OF SERVICES Old Settlers Park Adult Sports Complex CITY of Round Rock EXHIBIT B: SCOPE OF WORK TO BE PERFORMED BY CONSULTANT 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 Adult Sports Complex Project. The project is entirely within Old Settlers Park bordered on the east by Red Bud Lane, north by TC Oatts Lane, west by Aten Loop and south by large single family residential lots. The CONSULTANT intends to work in effective cooperation with the CITY and provide all necessary plans and graphics needed for permitting/approval from regulatory entities to achieve an efficient and acceptable implementation of the project. Program CONSULTANT shall provide design services for the following general program elements: 3-4 Adult Softball Fields with removable fence • Multifunction Hard Court I Covered • Sand Volleyball (5 minimum) • Synthetic Turf Soccer Field with half-wall • Bocce Ball • Horseshoe I Washer Pits • Group I Recreational Activity Area • Outdoor Gathering Space • Shaded Spectator Areas • Tournament Hospitality Space • Concession I Restroom Facility • Storage Space —CITY and Private Leagues • Controlled Entry System • Ample Parking I emergency access • On-site drainage and storm conveyance • Sports Field Lighting • Landscape and irrigation NOTE: The list of general program elements is not all-inclusive. Additional program items may result from the public input and schematic design process. Development Budget Goal A proposed development budget goal for the first phase of general program items is generally established at $4.5 million dollars with a full complex master plan budget of$9 million dollars. 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. Exhibit`B" 2 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex BASIC SERVICES The proposed basic services, which are outlined below, shall include: schematic design, design development, construction documents I regulatory entitlement, bidding assistance and construction phase services, design survey, and geotechnical services. PHASE 1: SCHEMATIC DESIGN This phase will include the following: • Prepare overall project base map of existing conditions to be used for initiate project kick-off and site assessment. • Facilitate kick-off meeting with the design team and CITY to identify project goals, schedules and projected milestones from schematic design through construction. Identify additional participants and stakeholders to be included in initial design process (1 meeting). • Conduct team site assessment to identify site opportunities and constraints (meeting combined with kick-off). • Coordinate schematic design with other team members. • Preparation of preliminary schematic site plans to define the general character and essentials of the project concept, including visual description of material and illustrative plans, sketches and/or details as necessary for presentation purposes. • Meet with CITY to review preliminary concept prior to public input meeting (1 meeting). • Attend and assist in facilitating public input meeting with identified participants and stakeholders (1 meeting). • Preparation of final schematic site plans to define the general character and essentials of the project concept, including visual description of material and illustrative plans, sketches and/or details and Opinion of Probable Construction Costs (OPCC) for proposed work including appropriate escalation factors and contingencies as necessary for presentation to CITY Council. • Present final schematic design to CITY Council for approval to proceed with Design Development (1 meeting). NOTE: 1) Schematic Design Phase based on an entire full complex master plan development budget of$9 Million. 2) Informal digital graphics to be submitted to the PARD Department for review and comment throughout this phase to expedite the design/decision making process. 3) Presentation boards and marketing material to be billed as reimbursable expenses. PHASE 2: DESIGN DEVELOPMENT Upon CITY's authorization to commence with design development, CONSULTANT shall prepare design development drawings and a preliminary opinion of probable construction costs (OPCC). The design development plans will further define the character and essentials of the project concept, including description of materials. This phase will include the following: Exhibit`B" 3 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex • 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), Floodplain Administrator and Transportation Department (2 meetings). • Coordinate design development with other team members. • Prepare preliminary design development drawings and updated OPCC including appropriate escalation factors and contingencies. Design will utilize existing conditions design survey for defined project development limits. • Review preliminary design development drawings with CITY (1 meeting). • Prepare final design development drawings and updated OPCC including appropriate escalation factors and contingencies. • Review final design development drawings and OPCC with CITY (1 meeting). • Present design development drawings and OPCC to CITY Council for approval to proceed with Construction Documents and Regulatory Approval (1 meeting). NOTE 1) Design Development Phase based on an entire full complex master plan development budget of$9 Million. 2) Informal digital graphics to be submitted to the PARD Department for review and comment throughout this phase to expedite the design/decision making process. 3) Presentation boards and marketing material to be billed as reimbursable expenses. PHASE 3: CONSTRUCTION DOCUMENTS AND REGULATORY ENTITLEMENT 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 construction of the work. CONSULTANT shall coordinate any utility needs and adjustment with the CITY and utility service provider(s). CONSULTANT shall assist CITY in submitting plans to regulatory entities for approval and permitting to be used for bidding and implementation of the project. This phase will include the following: • Initiate and attend Predevelopment meeting with CITY Planning Development Services Office, Floodplain Administrator and Transportation Department if time has lapsed from initial meeting conducted with Design Development (2 meetings). • Coordinate construction drawings with other team members. • 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 (1 meeting). Exhibit`B" 4 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex • Prepare ninety percent (90%) construction drawings, specifications/project manual and OPCC including appropriate escalation factors and contingencies. Submit to CITY and DSO for review and comments. • Review 90% construction drawings, specifications/project manual and OPCC with CITY and DSO (1 meeting). • 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. Submit to CITY and DSO for review and comments. • Assist the CITY in filing the appropriate plans and documents with Texas Department of Licensing and Regulation (TDLR) for accessibility compliance with the 2012 Texas Accessibility Standards and CITY. • Review and address all comments requested by the regulatory agencies, the CITY and DSO. Revise drawings and submit documents to the appropriate agency(s) for final processing, approvals and permits (1 meeting). • Prepare SWPPP. NOTE. 1) Construction Documents and Regulatory Entitlement Phase based on first phase development budget of$4.5 Million. In the event the development budget increases by more than 10% this phase of services and associated fees will be subject to renegotiation between CONSULTANT and the CITY. 2) Informal digital graphics to be submitted to the PARD Department for review and comment throughout this phase to expedite the design/decision making process. 3) All filing, permit review, application and inspection fees to be paid by the CITY. 4) Deliverable quantities for permitting to be determined by CITY and/or regulatory entities;plans, specification, reports, etc. to be billed as reimbursable expenses. PHASE 4: BIDDING ASSISTANCE CONSULTANT shall assist CITY during the bidding process. This phase 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. • Attend and assist the CITY with a pre-bid conference (1 meeting). • Address contractor RFI's, prepare and issue addenda as required. • Attend and assist the CITY with bid opening, review/evaluate bids including alternates and formulate bid tabulation (1 meeting). • Provide written recommendation to CITY. • Once approved by CITY Staff, attend CITY Council meeting for award of construction contract (1 meeting). Exhibit`B" 5 HalffAssociates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex • Assist with issuance of the Notice of Award and construction contract documents/agreement. NOTE. 1) Bidding Phase based on first phase development budget of$4.5 Million. In the event the development budget increases by more than 10% this phase of services and associated fees will be subject to renegotiation between CONSULTANT and the CITY. PHASE 5: 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. This phase will include the following: • Assist CITY with Issuing the Notice to Proceed and assisting with acquiring executed contracts, bonds and insurance from the contractor. • Attend and assist the CITY in conducting and overseeing a pre-construction meeting (1 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 (24 meetings). • Review and approve contractor's monthly Application and Certification for Payment. • Attend and assist CITY with substantial completion inspection(s) and walk-thru including TAS inspection; issue punch list and letter of substantial completion for incomplete items including time for completion (1 meeting). • Attend and assist CITY with final inspection for acceptance of project and issue letter of concurrence (1 meeting). • Assist CITY in acquiring 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 and Certification for Payment including retainage. NOTE: 1) Construction Phase Services based on first phase development budget of$4.5 Million. In the event the development budget increases by more than 10% this phase of services and associated fees will be subject to renegotiation between CONSULTANT and the CITY. 2) All inspection and materials testing fees to be paid by the CITY. 3) 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-CONSUL TANTs from all claims, any damage, liability or cost, including Exhibit`B" 6 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex reasonable attorneys'fees and costs of defense, arising from such changes. PHASE 6: PROJECT DESIGN SURVEY This phase will include the following: • Conduct preliminary survey meeting with design team and City staff to confirm limits of survey work for the project area. Entire project area is within City owned Old Settlers Park bordered on the east by Red Bud Lane, north by TC Oatts, West by Aten Loop and south by large single family lots. • Conduct horizontal and vertical control survey on State Plane Grid and North American Vertical Datum of 1988, NAVD88. Establish a minimum of two (2) bench marks. • Topographic survey with one-foot contours, locations of above-ground and visible improvements and utilities, overhead utility locations, and hardwood trees 3" and up for the project area. • Underground utility locates identified through Texas811. • Drainage appurtenance including culvert pipe or opening sizes and flowlines. • The graphical location of the property lines, right-of-way lines, and easements for the project area. • Design survey of all available and identified information above to be provided in AutoCAD format. PHASE 7: GEOTECHNICAL SERVICES CONSULTANT shall perform geotechnical investigation as necessary for determination of structural foundation and pavement design needs. The facilities being considered in this study are playfields including soccer, baseball fields, a covered basketball court, synthetic turf field and a centralized gathering space (plaza center). The project will also include parking. The proposed structures are anticipated to create relatively light structural loads to be carried by the foundation systems. Floor systems consisting of slabs-on-ground or slabs-on-fill are expected to be preferred, provided expansive, soil-related movements will not cause structural performance concerns. The scope of work efforts proposed herein will include identification of location(s), investigative drill testing, sampling and assessment and analysis of the potential for subgrade structural needs as necessary to ensure proper design for facilities. Based on the general program elements defined, the following bores will be provide: three (3) borings within the building/plaza footprints to approximate depths of 20 ft. below existing surface and two (2) borings within parking area and one (1) at synthetic turf field location to approximate depths of 5 ft. The geotechnical engineering report shall include but not be limited to general site conditions, bore location plan, foundation design considerations and recommendations, foundation construction considerations, and general pavement thickness design and construction recommendations for parking areas. NOTE.- 1) An existing geotechnical report dated.August 2007 and titled. Sports Complex Improvements Old Settlers Park, Round Rock, Texas Project No. 84916, will also be utilized in the design of this project for certain areas along the existing roadways and drainage channel as approved by the CITY. Exhibit"B" 7 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex 2) Construction and materials testing are not included in this scope of services. Opinion of Probable Construction Costs (OPCC) Disclaimer Opinion of probable construction costs provided by the Consultant are based on the Consultant's familiarity with the construction industry and are provided only to assist the CITY's throughout the design process, such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the furnishing of opinions of probable construction costs. Throughout the design process the Consultant will assist the CITY in value engineering the project and making necessary adjustments in an effort to meet the project construction budget. 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: • Increase in construction documentation, regulatory entitlement, bidding assistance and construction phase services resulting from increase development budget of more than 10%. • 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 Phased bid package(s) with reduced scope of items defined herein, including construction drawings and specifications not included as part of phase 1 development. • 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. • Traffic Impact Analysis. • Traffic Control Plans. • Bridge Design (other than pre-engineered structures). • Gas, Telephone/Communication design. • Design of utility extension(s) to the project site. • Services required after final acceptance of construction work. • Preparation of record documents from contractors as-built drawings. • Detailed Flood Plain Analysis. • Hydrologic Analysis. • CLOMR and/or LOMR • Permitting through Army Corp of Engineers (USACE). Exhibit`B" 8 HalffAssociates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex • Geotechnical investigation for new bridge piers, abutments and other structures not accounted for in basic scope of services. • Construction Materials Testing. • Environmental services. • Geological Assessment • Archeological Assessment. • Hazardous Site Assessments. • Construction Staking. • Property Title Research • Legal Lot Determinations unless defined within scope of services. • Preparation of multi-use agreement(s) and exhibits. • Easement acquisition or vacation including preparation of easement documents. • Preparation and processing of Waivers, Variances or Exceptions. • Land Acquisition services. • Any services related to ROW acquisition. • Assistance or representation in litigation concerning the property of proposed project. • Conflict Resolution. • Providing services other than those outlined in scope of services. Exhibit`B" 9 Halff Associates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex PROJECT • • - • by City 2015) EGIR ilJ.lt�a _1V = EIGHBORMOVU r� r l t I tr1.�1:1�L3 � ExhibitAssociates City of Round '/ I Settlers Park Adult SportsI I - EXHIBIT C TENTATIVE PROJECT SCHEDULE for OLD SETTLERS PARK - ADULT SPORTS COMPLEX 2015 2016 Oct. I Nov. I Dec. Jan. Feb. Mar. April I May June I July 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 Phase Design Services 1 Schematic Design(assumed 6 wks. 2 Design Development(assumed 8 wks.) 3 Construction Documents I Regulatory Permitting (assumed 10 wks.) 60%Construction Documents l 90%Construction Documents I 100%Construction Documents 6 Project Design Survey 7 Geotechnical Services 4 Bidding Assistance(assumed 8 weeks)-Bid Dates to be determined 5 Construction Phase Services(Start Date to be determined) 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-Old Settlers Park Adult Sports Complex Total Total Other Task Labor Hours Loaded Labor Cost Direct Costs TOTALS Phase 1:Schematic Design 1,120 $155,400.00 $0.00 $155,400.00 Phase 2: Design Development 1,320 $192,300.00 $0.00 $192,300.00 Phase 3:Construction Documents&Regulatory Entitlement 900 $128,375.00 $0.00 $128,375.00 Phase 4: Bidding Assistance 88 $15,745.00 $0.00 $15,745.00 Phase 5: Construction Phase Services 414 $66,440.00 $0.00 $66,440.00 Phase 6: Project Design Survey 0 $16,540.00 $16,540.00 Phase 7:Geotechnical Services 0 $7,590.00 $7,590.00 Phase 8: Reimbursable Expenses 0 $2,500.00 $2,500.00 GRAND TOTAL: 3,842 $558,260.00 $26,630.00 1 $584,890.00 EXHIBIT E: CERTIFICATE OF INSURANCE (See attached) Exhibit"E" 1 HalffAssociates Inc. City of Round Rock—Old Settlers Park Adult Sports Complex CERTIFICATE OF LIABILITY INSURANCE 7/8/201-9 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 NAONTACT Candy Goehring Bell Insurance PHONEN. (972}561-4800 FAXIAIC.Ngl: (972)581-4850 16980 Dallas Parkway #210 EMAIL .cgoehring@bellgroup.com INSURERS AFFORDING COVERAGE NAIC 2R Dallas TX 75248 INSURER AMassachusetts_Bay 22306 INSURED INSURERB: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:15/16 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. ILNSR SUBRI TR I TYPE OF INSURANCE POLICY EFF POLICY EXP POLICY NUMBER MMIDDIYYYY MM DDIYYYYI LIMITS GENERAL LIABILITY i I EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PR IEa oco�rrence S 1,0 00,ODD A. CLAIMS-MADE ❑X OCCUR ZDDA055845 7/12/2015 7/12/2016 MED EXP(Any anepersoni S 10,000 PERSONAL 8 ADV INJURY 5 1,000,000 _ i ! GENERAL AGGREGATE 5 2,000,000 • G l AGGREGATE LIMIT APPLIES PER: �i I ! PRODUCTS-COMPiOP AGG S 2,000,000 POLICY X PRO- LOC ! ' S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1'�f Ea accident 1 r 000 000 A X'ANY AUTO fI BODILY INJURY(Per person) $ ALL OWNED SCHEDULED DA051300 7/12/2015 17/12/2016 BODILY INJURY(Per accident) S I AUTOS AUTOS II X; HIRED AUTOS X; NON-OWNED I I PROPERTY QAMAGE $ II_(I AUTOS I! 1 (Per.; Per accident i i Uninsured motorislcombined S 1,000,000 ,I X I UMBRELLA LIAe X OCCUR ( I EA; CH OCCURRENCE $ 5,000,000 C �—{ EXCESS UAB CL WAS-MADE i AGGREGATE _ $ 5,000,000 ; DED 1 X I RETENTION$ 10,00C ivHDA051287 17/12/2015 7/12/2016 $ $ WORKERS COMPENSATIONI I X; VJC STATU- OTH• AND EMPLOYERS'LIABILITYLfM T, ANY PROPRIETORIPARTNERIEXECUTNE YIN[E] j I E.L.EACH ACCIDENT S 1,000,000 OFFICER'MEMBER'EXCLUDED? N N I A 2DA02BG49 17/12/2015 17/12/2016 (Mandatary In NH) 1 E.L DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS bef m E.L.DISEASE-POLICY LIMIT S 1,000,000 * Professional Liability 002091901 17/12/2015 /12/2016 Per Claim: $2,000,000 Claims Made ( i Aggreagate: $2,000,000 DESCRIPTION OF OPERATIONS i LOCATIONS 1 VEHICLES (Attach ACORD 101,Additlonal Remarks Schedule,If more spaco 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 b Recreation Department 221 E. Main Street AUTHORIZED REPRESENTATIVE Round Rock, TX 78664-5299 T J. Ashley/CANDY ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(20100501 The ACORD name and loan are reaistered marks of ACORD