CM-10-09-183ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
Approval Date:
Department:
City Manager Approval Summary Sheet
Consider executing a Contract for Landscape Architecture Services with Baker-Aicklen for
the Municipal Office Complex Plaza Improvements Project.
September 17, 2010
Parks and Recreation Department
Project Manager:
David Buzzell
Item Summary:
This item will allow the City to work with Baker-Aicklen & Associates to design the Municipal Office Complex Plaza
Improvements Project. The agreement will include professional services for a design charrette/public input
process, design development, construction documents, regulatory approval, and construction observation.
Strategic Plan Relevance:
The Municipal Office Complex Plaza Improvements Project directly relates to all of the priority and endorsed goals of
the Recreation, Arts and Culture Initiatives (Goals 33-37) in the Places and Spaces section of the Strategic Plan.
Cost: $ 31,912.00
Source of Funds: 2002 General Obligation Bonds
'AROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
FIRM: BAKER-AICKLEN & ASSOCIATES. INC. ("Consultant")
ADDRESS: 507 Liberty Avenue. Round Rock, TX 78664
PROJECT: Municipal Office Complex (MOC) Plaza Improvements
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOI1 LANDSCAPE ARCHITECTURE SERVICES ("Contract") is made
and entered into on this the fl -day ofap tAbtr, 2010 by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street,
Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Consultant , and such Contract
is for the purpose of contracting for professional landscape architecture services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of landscape
architecture services; and
WHEREAS, City and Consultant desire to contract for such professional landscape architecture
services; and
WHEREAS, City and Consultant wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Landscape Architecture Services Contract Rev. 08/10
0199.7147; 00201575 00201416
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CONTRACT DOCUMENTS
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perforin or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
LANDSCAPE ARCHITECTURE SERVICES
Consultant shall perform Landscape Architecture Services as identified in Exhibit B entitled
"Scope of Landscape Architecture Services."
Consultant shall perform the Landscape Architecture Services in accordance with the Work
Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a
complete schedule so that the Landscape Architecture Services under this Contract may be
accomplished within the specified time and at the specified cost. The Work Schedule shall provide
specific work sequences and definite review times by City and Consultant of all Landscape Architecture
Services. Should the review times or Landscape Architecture Services take longer than shown on the
Work Schedule, through no fault of Consultant, Consultant may submit a timely written request for
additional time, which shall be subject to the approval of the City Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Consultant is expected to complete the Landscape Architecture Services
described herein in accordance with the above described Work Schedule. If Consultant does not perform
the Landscape Architecture Services in accordance with the Work Schedule, then City shall have the
right to terminate this Contract as set forth below in Article 20. So long as the City elects not to
terminate this Contract, it shall continue from day to day until such time as the Landscape Architecture
Services are completed. Any Landscape Architecture Services performed or costs incurred after the date
of termination shall not be eligible for reimbursement. Consultant shall notify City in writing as soon as
possible if he/she/it determines, or reasonably anticipates, that the Landscape Architecture Services will
not be completed in accordance with the Work Schedule.
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(2) Work Schedule. Consultant acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Landscape Architecture
Services required herein so that construction of the project will be commenced and completed as
scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2
herein, Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully
and timely accomplish all Landscape Architecture Services required under this Contract in a
professional manner.
(3) Notice to Proceed. After execution of this Contract, Consultant shall not proceed with
Landscape Architecture Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
COMPENSATION
City shall pay and Consultant agrees to accept the amount shown below as full compensation for
the Landscape Architecture Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Thirty -One Thousand, Nine Hundred Twelve and No/100 Dollars ($31,912.00) as
shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written
Supplemental Contract in the event of a change in Landscape Architecture Services as authorized by
City.
Consultant shall prepare and submit to City monthly progress reports in sufficient detail to
support the progress of the Landscape Architecture Services and to support invoices requesting monthly
payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit
B. Satisfactory progress of Landscape Architecture Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Landscape Architecture Services
requested and performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD OF PAYMENT
Payments to Consultant shall be made while Landscape Architecture Services are in progress.
Consultant shall prepare and submit to City, not more frequently than once per month, a progress report
as referenced in Article 4 above. Such progress report shall state the percentage of completion of
Landscape Architecture Services accomplished during that billing period and to date. Simultaneous with
submission of such progress report, Consultant shall prepare and submit one (1) original and one (1)
copy of a certified invoice in a fonn acceptable to City. This submittal shall also include a progress
assessment report in a form acceptable to City.
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Progress payments shall be made in proportion to the percentage of completion of Landscape
Architecture Services identified in Exhibit D. Progress payments shall be made by City based upon
Landscape Architecture Services actually provided and performed. Upon timely receipt and approval of
each statement, City shall make a good faith effort to pay the amount which is due and payable within
thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory
Landscape Architecture Services performed. Consultant has the responsibility to submit proof to City,
adequate and sufficient in its determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Consultant of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
1n accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Consultant inay charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy; however, this policy does
not apply in the event:
A. There is a bona fide dispute between City and Consultant concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from snaking a
timely payment with federal funds; or
C. There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Landscape Architecture Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Consultant the issues related to disputed invoices within ten (10)
calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and
payable per the teens of Chapter 2251, V.T.C.A., Texas Government Code.
ARTICLE 7
NOTICE TO PROCEED
The Consultant shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Consultant related to any task for which a Notice to Proceed has not been issued.
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ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
David Buzzell
Park Development Manager
Parks and Recreation Department
301 W. Bagdad Street, Suite 250
Round Rock, Texas 78664
Telephone Number (512) 341-3345
Fax Number (512) 218-5548
Email Address dbuzzell@round-rock.tx.us
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and
sequential progress of Landscape Architecture Services.
Consultant's Designated Representative for purposes of this Contract is as follows:
Brian Binkowski, RLA
Sr. Landscape Arch./Project Mngr.
507 Liberty Avenue
Round Rock, TX 78664
Telephone Number (512) 628-2232
Fax Number (512) 244-9623
Email Address bbinkowski@baker-aicklen.com
ARTICLE 9
PROGRESS EVALUATION
Consultant shall, from time to time during the progress of the Landscape Architecture Services,
confer with City at City's election. Consultant shall prepare and present such information as may be
pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the
Landscape Architecture Services. At the request of City or Consultant, conferences shall be provided at
Consultant's office, the offices of City, or at other locations designated by City. When requested by
City, such conferences shall also include evaluation of the Landscape Architecture Services.
Should City determine that the progress in Landscape Architecture Services does not satisfy the
Work Schedule, then City shall review the Work Schedule with Consultant to determine corrective
action required.
Consultant shall promptly advise City in writing of events which have or inay have a significant
impact upon the progress of the Landscape Architecture Services, including but not limited to the
following:
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(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Landscape
Architecture Services units by established time periods; and such disclosure shall be
accompanied by statement of actions taken or contemplated, and City assistance needed to
resolve the situation, if any; and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Landscape Architecture Services, but not to terminate this
Contract, then such suspension may be effected by City giving Consultant thirty (30) calendar days'
verbal notification followed by written confirmation to that effect. Such thirty -day notice may be
waived in writing by agreement and signature of both parties. The Landscape Architecture Services
may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice
from City to resume the Landscape Architecture Services. Such sixty-day notice may be waived in
writing by agreement and signature of both parties. If this Contract is suspended for more than thirty
(30) days, Consultant shall have the option of terminating this Contract.
If City suspends the Landscape Architecture Services, the contract period as determined in
Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Landscape Architecture Services performed or costs incurred prior
to the date authorized by City for Consultant to begin Landscape Architecture Services, and/or during
periods when Landscape Architecture Services is suspended, and/or subsequent to the contract
completion date.
ARTICLE 11
ADDITIONAL LANDSCAPE ARCHITECTURE SERVICES
If Consultant forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Consultant and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Consultant shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Consultant nor for any costs
incurred by Consultant relating to additional work not directly associated with the performance of the
Landscape Architecture Services authorized in this Contract or any amendments thereto.
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ARTICLE 12
CHANGES IN LANDSCAPE ARCHITECTURE SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Landscape
Architecture Services or parts thereof which involve changes to the original Landscape Architecture
Services or character of Landscape Architecture Services under this Contract, then Consultant shall
make such revisions as requested and as directed by City. Such revisions shall be considered as
additional Landscape Architecture Services and paid for as specified under Article 11.
Consultant shall make revisions to Landscape Architecture Services authorized hereunder as are
necessary to correct errors appearing therein, when required to do so by City. No additional
compensation shall be due for such Landscape Architecture Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Landscape Architecture Services, or (2) the duration of the Landscape Architecture Services. Any such
Supplemental Contract must be duly authorized by the City. Consultant shall not proceed until the
Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified
as provided in Article 4.
It is understood and agreed by and between both parties that Consultant shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Landscape Architecture Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter referred to as "Instruments of Service") prepared by Consultant and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Consultant 's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Consultant , and, to the extent permitted by law, City shall indemnify, defend and hold harrnless
Consultant from all claims, damages, losses and expenses, including but not limited to attorneys fees,
resulting therefrom.
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By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Consultant hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
under this Contract. Copies may be retained by Consultant . Consultant shall be liable to City for any
loss or damage to any such documents while they are in the possession of or while being worked upon
by Consultant or anyone connected with Consultant, including agents, employees, Consultants or
subcontractors. All documents so lost or damaged shall be replaced or restored by Consultant without
cost to City.
Upon execution of this Contract, Consultant grants to City permission to reproduce Consultant's
work and documents for purposes of constructing, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Consultant shall obtain similar permission from Consultant's subcontractors consistent with this
Contract. If and upon the date Consultant is adjudged in default of this Contract, City is permitted to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to
make changes, corrections or additions to the work and documents for the purposes of completing, using
and maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Consultant. However, City shall be
permitted to authorize the contractor, subcontractors and material or equipment suppliers to reproduce
applicable portions of the Instruments of Seivice appropriate to and for use in their execution of the
Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or
for similar purposes in connection with the Project is permitted. Any unauthorized use of the
Instruments of Service shall be at City's sole risk and without liability to Consultant and its employees.
Prior to Consultant providing to City any Instruments of Service in electronic form or City
providing to Consultant any electronic data for incorporation into the Instruments of Service, City and
Consultant shall by separate written contract set forth the specific conditions governing the format of
such Instruments of Service or electronic data, including any special limitations not otherwise provided
in this Contract. Any electronic files are provided by Consultant for the convenience of City, and use of
them is at City's sole risk. In the case of any defects in electronic files or any discrepancies between
them and any hardcopy of the same documents prepared by Consultant, the hardcopy shall prevail. Only
printed copies of documents conveyed by Consultant shall be relied upon.
Consultant shall have no liability for changes made to the drawings subsequent to the completion
of the Project. Any such change shall be sealed by the engineer making that change and shall be
appropriately marked to reflect what was changed or modified.
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ARTICLE 15
PERSONNEL. EQUIPMENT AND MATERIAL
Consultant shall furnish and maintain, at its own expense, quarters for the performance of all
Landscape Architecture Services, and adequate and sufficient personnel and equipment to perform the
Landscape Architecture Services as required. All employees of Consultant shall have such knowledge
and experience as will enable them to perform the duties assigned to thein. Any employee of Consultant
who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Landscape
Architecture Services shall immediately be removed from association with the project when so
instructed by City. Consultant certifies that it presently has adequate qualified personnel in its
employment for performance of the Landscape Architecture Services required under this Contract, or
will obtain such personnel from sources other than City. Consultant may not change the Project
Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Consultant shall not assign, subcontract or transfer any portion of the Landscape Architecture
Services under this Contract without prior written approval from City. All subcontracts shall include the
provisions required in this Contract and shall be approved as to form, in writing, by City prior to
Landscape Architecture Services being performed under the subcontract. No subcontract shall relieve
Consultant of any responsibilities under this Contract.
ARTICLE 17
EVALUATION OF LANDSCAPE ARCHITECTURE SERVICES
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Landscape Architecture Services performed or being performed hereunder
and the premises on which it is being performed. If any review or evaluation is made on the premises of
Consultant or a subcontractor, then Consultant shall provide and require its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 18
SUBMISSION OF REPORTS
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Consultant's preliminary reports shall be addressed in
any final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract terms or breach of contract by Consultant shall be grounds for termination
of this Contract, and any increased costs arising from Consultant's default, breach of contract, or
violation of contract terms shall be paid by Consultant.
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ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Consultant, as a consequence of failure by Consultant to
perform the Landscape Architecture Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Consultant,
upon not less than thirty (30) days' written notice to Consultant.
(5) By satisfactory completion of all Landscape Architecture Services and obligations
described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Consultant. In determining the value of the
Landscape Architecture Services performed by Consultant prior to termination, City shall be the sole
judge. Compensation for Landscape Architecture Services at termination will be based on a percentage
of the Landscape Architecture Services completed at that time. Should City terminate this Contract
under Subsection (4) immediately above, then the amount charged during the thirty -day notice period
shall not exceed the amount charged during the preceding thirty (30) days.
If Consultant defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Consultant, then City shall give consideration to the actual costs incurred by
Consultant in performing the Landscape Architecture Services to the date of default, the amount of
Landscape Architecture Services required which was satisfactorily completed to date of default, the
value of the Landscape Architecture Services which are usable to City, the cost to City of employing
another firm to complete the Landscape Architecture Services required and the time required to do so,
and other factors which affect the value to City of the Landscape Architecture Services performed at the
time of default.
The terrnination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Consultant under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Consultant to fulfill his/her/its contractual obligations, then City may
take over the project and prosecute the Landscape Architecture Services to completion. In such case,
Consultant shall be liable to City for any additional and reasonable costs incurred by City.
Consultant shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Consultant in support of the Landscape Architecture Services
under this Contract.
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ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Consultant shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Consultant shall furnish City with satisfactory proof of his/her/its compliance.
Consultant shall further obtain all permits and licenses required in the performance of the
Landscape Architecture Services contracted for herein.
(2) Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the
Landscape Architecture Services performed hereunder. City is qualified for exemption pursuant to the
provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
INDEMNIFICATION
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
Contract, 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.
ARTICLE 23
CONSULTANT'S RESPONSIBILITIES
Consultant shall be responsible for the accuracy of his/her/its Landscape Architecture Services
and shall promptly make necessary revisions or corrections to its work product resulting from errors,
omissions, or negligent acts, and same shall be done without compensation. City shall determine
Consultant's responsibilities for all questions arising from design errors and/or omissions. Consultant
shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its
work product, or for clarification of any ambiguities until after the construction phase of the project has
been completed.
ARTICLE 24
CONSULTANT'S SEAL
The responsible consultant shall sign, seal and date all appropriate submissions to City in
accordance with the Chapter 1052, Landscape Architects of the Texas Occupations Code.
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ARTICLE 25
NON -COLLUSION, FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Consultant warrants that he/she/it has not employed or retained any
company or persons, other than a bona fide employee working solely for Consultant, to solicit or secure
this Contract, and that he/she/it has not paid or agreed to pay any company or person any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Consultant covenants and represents that Consultant,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain during the
entire term while this Contract is in effect professional liability insurance coverage in the minimum
amount of One Million Dollars per claim from a company authorized to do insurance business in Texas
and otherwise acceptable to City. Consultant shall also notify City, within twenty-four (24) hours of
receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it
receives from its insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Consultant, Consultant shall require each subconsultant performing work under this Contract to maintain
during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Consultant shall obtain and monitor the certificates of insurance from each subconsultant in
order to assure compliance with the insurance requirements. Consultant must retain the certificates of
insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or reduction in limits by endorsement a notice thereof shall be given to City by
certified mail to:
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City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such
minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as
Exhibit E herein entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize others to use, any reports developed by Consultant for governmental
purposes.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Consultant may not assign, sublet or transfer any
interest in this Contract, in whole or in part, by operation of law or othenvise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing.
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ARTICLE 31
CONSULTANT'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Consultant, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Consultant:
Brian Binkowski, RLA
Sr. Landscape Arch./Project Mngr.
507 Liberty Avenue
Round Rock, TX 78664
ARTICLE 33 .
GENERAL PROVISIONS
(1) Time is of the Essence. Consultant understands and agrees that time is of the essence and
that any failure of Consultant to complete the Landscape Architecture Services for each phase of this
Contract within the agreed Work Schedule may constitute a material breach of this Contract. Consultant
shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in
accordance with the terms of this Contract and the Consultant's standard of performance as defined
herein. Where damage is caused to City due to ConsuItant's negligent failure to perform City may
accordingly withhold, to the extent of such damage, Consultant's payments hereunder without waiver
of any of City's additional legal rights or remedies.
14
(2) Force Majeure. Neither City nor Consultant shall be deemed in violation of this Contract
if prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terrns or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all consulting and related services
performed or furnished by Consultant and its employees under this Contract will be the care and skill
ordinarily used by members of Consultant's profession practicing under the same or similar
circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein,
Consultant makes no warranties, express or implied, under this Contract or otherwise, in connection
with the Landscape Architecture Services.
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Consultant are made on the basis of information available to Consultant and on the
basis of Consultant's experience and qualifications and represents its judgment as an experienced and
qualified professional consultant. However, since Consultant has no control over the cost of labor,
materials, equipment or services furnished by others, or over the contractor(s') methods of determining
prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals,
bids or actual project or construction cost will not vary from opinions of probable cost Consultant
prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Consultant hereby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. The above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Consultant, signing by and
through its duly authorized representative(s), thereby binding the parties hereto, their successors,
assigns and representatives for the faithful and full performance of the terns and provisions hereof.
15
CITY OF ROUND ROCK, TEXAS
By:
Sivie,Nk% Pte.
ATTEST: ti 410 Mq,vx.btG�v
By: .
Sara L. White, City Secretary
BAKER-AICKLEN & ASSOCIATES, INC.
By:
Signature of Princi al
Printed Name: N. 0it:-d sirvtfon
16
APPR1VED ST
Steph L. Sheets, City Attorney
FORM:
aiik7, if
LIST OF EXHIBITS ATTACHED
(1) Exhibit A City Services
(2) Exhibit B Landscape Architecture Services
(3) Exhibit C Work Schedule
(4) Exhibit D Fee Schedule
(5) Exhibit E Certificates of Insurance
EXHIBIT A
City Services
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 meeting(s), may include but not be limited to: (2) Public input
meetings and (1) City Council meeting.
A3.0 Field Surveying and Photogranunetry
Provide all available stave), and pltotogrammetty 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.
AS.O 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 permit, review and application fees. TDLR review and inspection fee to be paid by
Consultant as a reimbursable expense.
• Provide any other pertinent information to assist design consultant.
EXHIBIT B
Landscape Architecture Services
B1. General Scope
The purpose of the services proposed herein is to provide professional consulting services necessary for the
development of this municipal plaza project. It is the Consultants intent to work in effective cooperation
with the City to achieve an efficient and acceptable implementation of the project.
B1.1 Program
Consultant shall provide services, as later described for, but not limited to, the following general program
elements.
• Event Elements
• Arts & Culture Elements
• General Use Elements
B1.2 Development Budget Goal
A proposed development budget goal for all items of work previously described was generally established
at $300,000 (Phase 1) which includes plans, specifications, opinion of probable construction costs and
actual hard construction costs. Total plaza development area is estimated to be just under one (1) acre. The
Consultant will generate and revise an opinion of probable construction costs (OPCC) throughout the
project's design development but does not guarantee that proposals, bids, or actual Project cost will not
vary from its opinion of probable construction costs (OPCC).
B1.3 Scope of Basic Services
Given the above stated general scope and program previously defined, The Consultant will provide the
following scope of basic services
B1.4 Data Collection !Site Assessment
The Consultant shall consolidate all available data and information into an overall project base neap of
existing conditions to be used throughout the design process. Necessary information may include, but is
not limited to:
• Current City and/or State ARC/GIS/AutoCAD data sets available for the entire project area.
• Infrared/Aerial photography of entire project.
Existing and/or proposed site, transportation and utility infrastnicture plans relevant to the site.
Construction and as -built plans (if available) in AutoCAD format for existing infrastructure
related to the project site.
Existing geotechnical information.
The Consultant shall develop a digital photographic inventory of the existing project site and any critical
issues potentially impacting the site, existing conditions, as well as serve as a visual reference for the
design team.
Upon completion of data collection, the Consultant shall conduct a preliminary site assessment walk with
the City and design team to identify site opportunities and constraints as they relate to the design of the
project.
B1.5 Schematic Design j Public Input Process
The Consultant shall support City staff members by facilitating a design charette and attending public
meetings (maximum of two) so to garner input from public stakeholders, key user groups, public officials,
and city staff in relation to the design and implementation of the project, as follows:
Assist City staff by attending publicly announced presentation and meeting to public stakeholders to
present project and garner comments, desires, and concerns to be addressed in the design process.
Assist City staff by participating in schematic multi -team design charette to establish the general
concept ideas prior to public input process.
The Consultant shall prepare illustrative schematic design concepts resulting from public stakeholder
feedback.
• Assist City by attending publicly announced presentation to public stakeholders to present updated
illustrative schematic design to garner additional feedback.
• Attend Public Presentation to City Council of final Schematic Design response and Opinion of
Probable Construction Costs (OPCC), and proposed schedule of remainder of project.
B1.6 Construction Documentation! Regulatory Entitlement (Permitting
Upon City's approval of the schematic design and the Consultants opinion of probable construction costs
(OPCC), the Consultant will develop working drawings and technical specifications necessary to construct
the work. Working drawings may include, but not be limited to the following information: construction
notes, water connection, grading, landscape area drains, dimension control/layout,
erosion/sedimentation/tree protection, landscaping, irrigation, and site detail plans. The Consultant shall
compliment drawings with specifications, which describe materials, systems and equipment, workmanship,
quality and performance criteria required for the construction of the work. The Consultant shall coordinate
utility needs with the City and utility service provider(s). The Consultant shall:
• Coordinate construction drawings and specifications with other consultants.
Prepare sixty percent (60%) construction drawings and opinion of probable construction costs
(OPCC) including appropriate escalation factors and contingencies. Deliverables to City will be three
(3) sets 11"x17" plans.
Review 60% construction drawings and OPCC with City.
Prepare ninety percent (90%) construction drawings and opinion of probable construction costs
(OPCC) including appropriate escalation factors and contingencies. Deliverables to City will be three
(3) sets 11"x17" plans and bound specification manuals.
Review 90% construction drawings and OPCC with City.
Prepare one hundred percent (100%) construction drawings, specifications, reports, pennit
applications, and other documents required for permitting and construction; update OPCC including
appropriate escalation factors and contingencies.
Prepare an Exception Letter/Application based on the latest Water Pollution Abatement Plan
(WPAP) for Phase 2 Downtown District Infrastructure Improvements -Main Street provided by the
City. Assist the City in filing the appropriate plans and documents to Texas Commission on
Environmental Quality.
• Assist City in filing the appropriate plans and documents with jurisdictional and regulatory
agencies. Deliverables to include: City (City of Round Rock) — three (3) sets 11"x17" plans and three
(3) bound spec. manuals; Texas Department of Licensing and Regulation (TDLR) — one (1) full size
set 22"x34" plans; and one (1) set of 11 "x17" plans and (1) bound spec. manuals for Consultant's use;
(5) bound WPAP Exception Letter/Application (loriginal/2 copies-TCEQ, 1 -City, 1 -Consultant).
Plans and specification manuals will also be available in digital PDF format for use by City.
• Review all modifications requested by jurisdictional and regulatory agencies with the City.
• Revise construction documents and drawings and submit to the appropriate agency(s) for final
processing, approvals and permits as needed.
(Note: Alt permit, application and review fees are to be paid by the City.)
Opinions of Probable Construction Costs (OPCC)
Opinions ofprobable 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 budget planning; 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 ofprobable construction costs.
B1.7 Bidding
Consultant shall assist City during the bidding process. The Consultant shall:
• 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 distribution of the bid documents.
Conduct the pre-bid conference and document the proceedings.
Prepare and issue addenda.
Attend the bid opening
Review bids including alternates and formulate bid tabulation.
Provide written recommendation to City.
Assist with issuance of the Notice of Award and construction contract documents/agreement.
B1.8 Construction Observation
The Consultant shall provide construction observation services in support of work prepared for bidding and
implementation related to this project. Estimated construction time four (4) months. Consultant shall
conduct bimonthly progress meetings to monitor the status and quality of construction and to detennine in
general if the construction is proceeding in accordance with the intent of the design and construction
documents. The Consultant may periodically make additional site visits other than progress meetings. On
the basis of its observations while at the site, the Consultant will keep the City informed of the progress of
construction and may recommend to the City the rejection of work failing conformance to the contract
documents.
The Consultant shall endeavor to secure compliance by the contractor to the plans and specifications. The
Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures
in connection with the work and the 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. This process shall
include:
• 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 and mock-
ups (as required).
• Conduct and oversee bimonthly progress meetings with City, design team and contractor on
site. Total of eight (8) progress meetings anticipated (two per month).
• Review and approve contractor Applications for Payment.
• Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list for
incomplete items including time for completion.
• Conduct final inspection for acceptance of project.
• Acquire final close-out documents, warranties, accurate as -built drawings and other documents
required to close-out project from the contractor.
• Review and approve contractor's final Applications) for Payment including retainage.
• Assist City in scheduling TDLR inspection for accessibility. Inspection fee to be paid by City.
Field changes, change directives, change orders or any other changes during constriction of the project
initiated by the City, without prior written consent of the Consultant, shall indemnify and hold the
Consultant harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of
defense, arising from such changes.
B2 Surveying Services
The consultant shall not perform the services tender this section unless the Cilfy issues a mitten Notice to Proceed (NTP) specificalfb'
for these :arias.
Perform field work necessary to gather the requested data to verify existing topography. All data will be
gathered electronically by the use of GPS, conventional, and digital levels as needed. Data to be collected
will include: Existing edge of pavement within project area, drainage structures, surface utilities and
generate a contour map of the area at 1 foot intervals (vertically).
An Autocad drawing of the gathered information will be generated to a specified scale.
B3 Electrical Engineering Design Services
The consultant shall not pe forun the servicer under this section unless the City issues a mitten Notke to Proceed (NTP) specifrca//y
for these !entices.
Consultant will develop working drawings and technical specifications necessary to construct the work and
may include, but not be limited to the following information: electrical load analysis, electrical site plan
wiring diagram, and Comcheck energy run. The Consultant shall compliment drawings with
specifications, which describe materials, systems and equipment, workmanship, quality and performance
criteria required for the construction of the work. The Consultant shall coordinate utility needs with the
City and utility service provider(s). The Consultant shall assist with bid RFI's and construction RFI's,
submittal review and two site observations.
B4 Irrigation Design Services
The consultant shall motpefonm the senuces under ibis section un/err the Cij, issues a written Noti ar to Proceed (NTP) specjIkaly
for these services.
Consultant will develop working drawings and technical specifications necessary to construct the work and
may include, but not be limited to the following information: mainline locations, points of connection,
controller location(s), valve locations with stationing and water demand indicated, lateral lines, heads, head
coverage and irrigation details and performance specifications, . The Consultant shall compliment
drawings with specifications, which describe materials, systems and equipment, workmanship, quality and
performance criteria required for the construction of the work. The Consultant shall coordinate utility
needs with the City and Electrical Engineer.
B5 Additional Services
City shall provide the following information or services as required for performance of the work. The
Consultant assumes 110 responsibility for the accuracy of such information for services and shall not be
liable for error or omissions therein. Should the Consultant be required to provide services in obtaining or
coordinating compilation of this information, such services shall be performed as Supplemental Services.
Additional Services shall only be provided if previously authorized by the City.
Additional Services may include, but not be limited to, the following:
Preparation of Phased bid package(s) with reduced scope of items defined herein. Including
construction drawings and specifications.
• Storm system design.
• Traffic impact Analyses.
• Bridge Design (other than pre-engineered structures).
• Hazardous Site Assessments.
• Land Acquisition services.
• Easement acquisition or vacation including preparation of easement documents.
• Preparation of multi -use agreement(s) and exhibits
• Assistance or representation in litigation concerning the property of proposed project.
• Services required after final acceptance of construction work.
• Environmental study (i.e., Phase 1 Permit).
• U.S. Fish and Wildlife Service: (Environmental Assessment Report).
• Revisions to drawings previously approved by the City due to changes in: Project scope, budget,
schedule, 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.
• Preparation of as -built drawings.
• Public or other presentations beyond those described in Basic Services.
• Provide consultation, drawings, reports and other work products related to permits, approvals and
ordinances not described in Basic Services.
• Providing professional services for the field selection of plant materials.
• Design of on-site and off-site utility extensions beyond those described in Basic Services.
• Construction materials testing.
• Providing services other than those outlined in Basic Services.
AS1.0 Water Pollution Abatement Plan Full Update
The consultant shall not perform the services under this section unless the City issues a written
Notice to Proceed (NTP) specifically for these services.
Based on the latest City provided Water Pollution Abatement Plan for Phase 2 Southwest Downtown
District Infrastructure Improvements -Main Street, it appears that an exception may be possible for the
proposed improvements. Preparation of the exception request is accounted for in the consultant's basic
services. If an exception cannot be obtained as determined by the TCEQ, a more detailed review and
documentation will be required for review and approval. Additionally, based on the initial review of the
existing documentation and drainage plans for this area, we recommend the City review the existing and
proposed improvements to determine if drainage infrastructure needs to be included or adjusted at this time
to accommodate future drainage connections. If such improvements are required at this time, a full update
to the WPAP will be required.
EXHIBIT C
Work Schedule
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EXHIBIT D
Fee Schedule
The Consultant's "Scope of Services" and associated Base Fees for providing professional services for this
project shall be according to the terms in this Agreement and outlined as follows:
Please
Fee Basis
Fee
Basic Services:
B 1.4 Data Collection I Site Assessment
Lump Sum
$ 2,171
B 1.5 Schematic Design I Public Input Process
Lump Suin
$ 5,371
B 1.6 Construction Documentation I Regulatory
Entitlement I Permitting
Lump Sum
$ 8,709
B 1.7 Bidding
Lump Sum
$ 1,075
B 1.8 Construction Observation
Lump Sum
$ 4,286
B 2 Surveying Services
Lump Sum
$ 1,600
B3 Electrical Engineering Design Services
Lump Sum
$ 6,050
B4 Irrigation Design Services
Lump Sum
$ 1,650
Subtotal Basic Services
$30,912
Reimbursable Expenses (Not to exceed)
$ 1,000
Other Services (beyond basic services):
To Be Determined (TBD)
Total Fee
$31,912
Note: If additional services are required beyond the scope enumerated, then additional compensation will
be requested. City shall be notified and authorize additional services and compensation beyond the total
fee prior to Consultant performing requested services.
EXHIBIT E
Certificates Of Insurance
(Attached Behind This Page)
Cllent#:162272
BAKERAIC
ACORDTU CERTIFICATE
OF LIABILITY INSURANCE
DATE(MMXNYYYY)
8/17/2010
FOR THE POLICY
TO WHICH THIS
THE TERMS, EXCLUSIONS
POLICYET91hTliI
pAIIIkAD/YTT
PROOUCER •
USI Southwest• • • •
7600 B N Cap of Tx Hwy. #200
Austin, Texas 78731.
512.451.7565
MIR
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• ' '
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- •
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. THIS CERTIFICATE I8 ISSUED AS•A MATTER OF INFORMATION
- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER. THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIL #
INSURED
Baker-Alck(en & Associates, Inc. -
507 W. Liberty Avenue ••
Round Rock, TX 78864
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INSURERA: Ace American Insurance Company
22667
INSURER II:
EACHOCCURRENCE1
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1
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COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW
ANY REQUIREMENT. TERM OR CONDITION
MAY PERTAIN, THE INSURANCE AFFORDED
POLICIES. AGGREGATE LIMITS SHOWN MAY
HAVE, BEEN ISSUEDDTO.THE INSURED
OF ANY CONTRACT OR'OTFIER 000UMENT
BY THE POLICIES DESCRIBED HEREIN
HAVE BEEN REDUCED BY PAID.GLAIMS.::.'
POLICY NUMBER
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WITH RESPECT
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THE TERMS, EXCLUSIONS
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DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 8PECIAL PROVISIONS
*Except In the event of non payment of premium.
RE: Municipal Office Complex Plaza .
Prof Llab: The aggregate limit Is the total insurance'avallable for claims
presented within the policy period for all operations of insured. The
limit will be reduced by payment of Indemnity and expense: •
•
CERTIFICATE HOLDER
CANCELLATION
10 Days for Non -Payment
City of Round Rock
301 West Bagdad St.
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE IEWIHG INSURER WILL ENDEAVOR TO MAIL P1$ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OP ANY HIND UPON THE INSURER, n8 AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001(08) 1 of 2
#548950021M4369710
AUTHORIZED REPRESENTATIVE
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DLWHB ® ACORD CORPORATION 1988
AW Iv CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDDIYYYY)
9/1/2010
PRODUCER (512) 352-6376 FAX: (512) 352-5581
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Brookshire Insurance Agency
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1611 Granger Road
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HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Taylor TX 76574
INSURERS AFFORDING COVERAGE
NAIC #
INSUREDINSURERAThe
Travelers Lloyds
41262
Baker-Aiaklen & Associates Inc
INSURER & The Charter Oak Fire Ins
25615
507 W. Liberty Ave
INSURER C:The Travelers Indemnity
25682
CLAIMS MADE X OCCUR
INSURER a The Travelers Indemnity
25666
Round Rgok TX 78664
INSURER E:
PERSONAL & ADV INJURY
COVERAGES
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 OISUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.pp��EE
ILIR
NS/10
TYPE OF INSURANCE
POLICY NUMBER
DATE(MFAIDD/
ppppU�CCY� �
DATE/MWDD YYYN
UNITS
A
X
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIASIUTY
PACP8922L731
3/20/2010
„
3/20/2011
EACH OCCURRENCE
$ 1,000,000
RENTED
PREEES lEence)
$ 300 000
CLAIMS MADE X OCCUR
MED EXP (Any one person)
,
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
$ 2,000, 000
$ 2,000,000
GENERAL AGGREGATE
GENL AGGREGATE LIMIT APPLIES PER:
—I POLICY l JA j ' LOC
PRODUCTS • COMP,'OPAGG
B
AUTOMOBILE
^
—
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ANYAUm°
ALL OWNED AUTOS
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NONOWNEDAUTOS
BA8913L193
3/20/2010
3/20/2011
COX
(Ea AecddeMBINED SiNGLEUMIT
$ 1,000,000
BODILY INJURY
(Per person)
s
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABIUTY
ANY AUTO
AUTO ONLY • EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY: AGG
$
C
EXCESS
X
IUMBRELIALIABILITY
OCCUR I I CLAIMS MADE
DEDUCTIBLE
RETENTION $ 10,000
X814CUP8664Y9BA
3/20/2010
3/20/2011
EACH OCCURRENCE
$ 4,000,000
$ 4,000,000
AGGREGATE
$
$
D
WORKERSCOMPENSATION
AND EMPLOYERS'
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMEWER
(Mandatory
ISye� AL PRO
SPECtAI PROVISIONS
LIABILITY Y!N
XHUB-5671y19
3/20/2010
3/20/2011
yyjy�C9gTATO 0 FF
X zoom I uR
EXCLUDED? N
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
In NH)
under
blow
E.L DISEASE • POLICY UMR
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCWSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Ref: Municipal Office Complex Plata
Certificate holder is listed as additional insured under General Liability policy as required by written contract.
•
CANCELLATION
City of Round Rock
301 W Bagdad Rd
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO D080 SHALL
IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25(2009/01)
INS025 (200901)
AUTHORIZEO REPRESENTATIVE
R. Brent Kriegel/KDC �, elite $ --k-4-15;_%s-C2
®1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
INS025 (200904)
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under thefollowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section I€):
Any person or organization that you agree In a
"contract or agreement requiring Insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "property damage" or 'personal Injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In the performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work' and included
within the "products -completed operations
hazard".
Such person or organization does not qualify as
an additional insured for "bodily injury", 'properly
damage" or "personal Injury" for which that per-
son or organization has assumed liability in a con-
tract or agreement.
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render -
Ing of or failure to render any "professional
services'.
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that 'contract or agreement requir-
ing Insurance to provide for that add1 onal
Insured, or the limits shown In the Declara-
tions for this Coverage Part, whichever ere
less. This endorsement does not increase the
limits of Insurance stated in the LIMITS OF
CGD3810907
INSURANCE (Section III) for this Coverage
Part.
B. The following Is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree In a "contract or
agreement requiring insurance" that the Insurance
provided to an additional Insured under This Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this Insurance
Is primary to other insurance that is avai€able to
such additional Insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered Into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the Insured Is an additional Insured under
any other insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", 'property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a'contrad or agreement requiring insurance' with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the 'contract or agreement requiring insur-
ance" with such person or organization entered
Into by you before, and in effect when, the 'bodily
® 2007 The Travelers Companies, Inc. Page 1 of 2
includes the copyrighted malarial or Insurance Services Mire, Inc., w5h Its permission
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COMMERCIAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense Is committed.
D. The following definition is added to DEFINITIONS
(Section V):
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to Include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
'property damage" occurs, and the "personal In-
jury" is caused by an offense committed:
a. After you have entered Into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
Page 2 of 2 452007 The Travelers Companies, Inc.
Includes the copyrighted melee! of Insurance Services Office, Inc., with Its permission
PDF created with pdfFactory trial version www.Ddffactorv.com
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CG D3 81 09 07
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED,.the policy(lee) must be endorsed. A statement
on this certificate does not confer rights to the -certificate. holder in lieu of such endorsement(s).
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(e).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It
affirmatively-eFAegatively--amend,extend-or-aitez,the-cwlerape affnrded by the policies listed thereon,
•
:a:.
• . - . : i a :r:a:
ACORD 25.9 (2001108) 2 of 2 #848950021114369719