CM-10-09-184ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing a Contract for Landscape Architecture Services with SEC Planning, LLC
for the Town Green Improvements Project (Planning Phase).
September 17, 2010
Department: Parks and Recreation Department
Project Manager: David Buzzell
Item Summary:
This item will allow the City to work with SEC Planning LLC to plan and design the Town Green Improvements
Project. The agreement will include professional services for a design charrette/public input process, master
planning, conceptual design and theme.
Strategic Plan Relevance:
The Town Green 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: $ 24,985.00
Source of Funds: General Self Financed Construction
REV. 6/10/10
ROUND ROCK, TEXAS
PURPOSE PASSIO'. PROSPERITY.
CITY OF ROUND ROCK
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
FIRM: SEC PLANNING, L.L.C. ("Consultant")
ADDRESS: 12357 Riata Trace Parkway, Suite A-205, Austin, Texas 78727
PROJECT: Town Green Improvements Project (Planning Phase)
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR. LANDSCAPE ARCHITECTURE SERVICES ("Contract") is made
and entered into on this the 1%day ofSQ. ,Mber, 2010 by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation, whose offices are Iocated 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
0199.7145; 201440
aa30etgrn
CM -1
1
Rev. 08/10
00201416
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 perform 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
"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 perforin
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. hi 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 Twenty Four Thousand, Nine Hundred Eighty -Five and No/100 Dollars
($24,985.00) 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 form 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
In 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 may charge a late fee (fee shall not be greater than that which is permitted by Texas
law) for payments not made in accordance with this prompt payment policy; however, this policy does
not apply 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 making 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 terms 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 & 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:
Ben DeBellis
Senior Project Manager
12357 Riata Trace Parkway, Suite A-205
Austin, Texas 78727
Telephone Number (512) 246-7003
Fax Number (512) 246-7703
Email Address bdebeilis@secplanning.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 may 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
1 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 harmless
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 Service appropriate to and for use in their execution of the
Work. Submission or distribution of Instrlmtents 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 them. 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 termination 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 ire/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) Subconsultaut 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 otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this 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:
Ben DeBellis
Senior Project Manager
12357 Riata Trace Parkway, Suite A-205
Austin, TX 78727
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 Consultant'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.
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(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 terms 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 fill! performance of the terms and provisions hereof.
15
CITY I F ROUND ROCK, TEXAS
By:
ATTEST: Gf÷t1 114AKulSw'
By:
Sara L. White, City Secretary
SEC PLANNIN L.C.
By:
Signature of Principal
' Printed Naine:
16
RM:
Stepha S L. Sheets, City Attorney
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 B
Landscape Architecture Services
Agreement for Professional Master Planning Services
Job No. ROUN-100061
The Consultant will provide land planning services required for the Project as outlined below:
1. Basic Services
A. Data Collection
The Consultant will coordinate with the Client to obtain base information for the Project
including but not limited to:
• Survey boundary of the property
• Existing deed restrictions and covenants
• Topographic survey of the property
• Tree survey of the property
• Existing utility easements and any other physical improvements or impacts on the
property
• Existing and/or pending municipal permits or approvals
The Consultant will prepare a base map to be reviewed by the Client to confirm that
based upon the services provided, potential impacts on the property have been
considered.
In addition to compiling the base map, the Consultant will collect and review applicable
codes and ordinances which currently govern the Project.
Fee
$1,345.00
B. Conceptual Planning
Based on existing site characteristics and programming provided by the Client, the
Consultant will prepare up to two (2) concept plan alternatives for the Town Green. One
concept will contemplate the extension of Blair Street, between Main Street and Liberty
Avenue. The second alternative will evaluate the design if this roadway connection is not
incorporated.
The plans will display the design and configuration of outdoor plazas, landscape areas,
walkways, sculptural/thematic elements, view corridors, relationship to adjacent uses and
downtown, incorporation of Koughan Watertower Park, parking areas and event Iawns.
Each plan will be accompanied by a preliminary estimation of cost for the proposed
improvements.
'I'he plan alternatives will be provided on full color presentation boards for use in public
meetings and presentations. The plans will also be provided in digital format for use on
the City website, PowerPoint presentations or digital distribution.
Fee
.$7,880.00
C. Final Master Plan
Based upon Client and public review of the two (2) conceptual plan alternatives for the
Town Green, the Consultant anticipates comments and direction that will lead to a refined
plan. The third, final concept plan will incorporate Client feedback and direction
received during the conceptual plan review.
The Final Master Plan will be prepared in full color, illustrative format with
corresponding sketches and images as necessary to convey the vision for the Town
Green. The final plan will be accompanied by a preliminary estimation of cost for the
proposed improvements.
Fee
$3,900.00
D. Thematic Development
In order to convey the vision for the Town Green Project, the Consultant will work with
the Client to develop a unifying theme for the project. The theme will reinforce the
history of Round Rock and incorporate elements that will give the space an identity and
character that is contextually appropriate and which respects the heritage of the City.
The theme and vision for the Town Green will incorporate images, architectural
illustrations, representative photographs and sketches as deemed necessary by the Client
and Consultant to convey the look and feel of the Town Green. The scope of this project
includes the preparation of the following:
• Up to three (3) perspective sketches of the Town Green to visually convey the design
concepts
■ Preparation of a presentation board to accompany the conceptual plans, which include
photographs, sketches and perspective drawings illustrating the designs
• Signage and Wayfinding concepts that are visually consistent with the other
downtown park/plaza spaces
Fee
$6,010.00
E. Meetings / Presentations
The following meetings/presentations are anticipated within the scope of this contract:
■ One (1) public open house to gather community feedback for the Town Green
■ One (1) half day design charette with the Client
■ One (1) City Council Presentation
■ Three (3) City staff meetings
Fee
$4,450.00
F. Reirnbu sable Expenses
Reimbursable expenses are in addition to compensation for Basic Services and Extra
Work and include expenses by the Consultant in the interest of the Project. Reimbursable
items under this Agreement shall include necessary mailings and deliveries, plots and
copies for reports and exhibits, requested outside consultants, mileage, project related
photography, any necessary permits or application fees. Any additional material costs
not described above will not be considered a reimbursable expense unless reviewed with
and approved by the Client.
Fee .$1,400.00
EXHIBIT C
Work Schedule
11. Work Schedule
A. Projected schedule to complete scope of services
Based upon the Consultant's understanding of the project and the Client's desired
process, the following approximate schedule has been formulated.
September 2010: Prepare base maps and gather necessary information from the Client.
Participate in a public open house and document community ideas and feedback
regarding the program for the Town Green.
October 2010: Participate in a design charette with the Client and the Client's other design
consultants to create a unifying vision for all downtown parks and plazas.
October/November 2010: Prepare Town Center Conceptual Design alternatives and
associated drawings. Collaborate with City staff to refine ideas.
November 2010: Prepare final conceptual design based upon Client comment and direction.
November 2010: Present final plan to City Council.
EXHIBIT D
Fee Schedule
III. Fee Schedule
A. Method of Compensation
Based on our understanding of the aforementioned scope of services for the Project, we
estimate the following fees will be required to accomplish the tasks. This contract will be
administered on an hourly basis, not to exceed the amounts listed below without prior
authorization by the Client. The Client shall compensate the Consultant as follows for
the Basic Services outlined herein:
Data Collection
Conceptual Planning
Final Master Plan
Thematic Development
Meetings / Presentations
Reimbursable Expenses
B. Rate Schedule
$1,345.00
$7,880.00
$3,900.00
$6,010.00
$4,450.00
$1,400.00
$24,985.00
Principal $140.00 per hour
Director $125.00 per hour
Senior Project Manager $110.00 per hour
Project Manager $90.00 per hour
Staff Planner/Landscape Architect I1 $85.00 per hour
Staff Planner/Landscape Architect I $80.00 per hour
Administrative $65.00 per hour
C. Payment Terms
All work will be invoiced on a monthly basis. All invoices shall be paid within 60 days
of the invoice date. All outstanding invoices greater than 60 days shall have 1.5% interest
compounded monthly added to the invoice.
1 Overhead 2.11 Total LaborrOH 1 Fixed Fee 11.9%1 Total Fee' l
514,271.60 521,067.60 32,617.40 523985.00
EXHIBIT D
Fee Schedule
Description of Service
DATA COLLECTION PHASE
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Coiect Information and compose base map
Ste visit and inventory of existing cond'tions
Evacuate existing code and consbainls
Principal 1 Sr. Project Manager] Staff Planner 11
Total Hours
7
2 2
1 1
7
4
2
Sub Total Hours
3 3 7
13
Bring Rale
Sub Total Labor Costs
8140.00 5110.00 585.00
mom 5330.00 5595.00
51945.00
Description of Service
CONCEPTUAL PLANNINO PHASE
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Creation of three perspective drawings
Composition of photo and image board
Preparation of signage concepts
Principal I Sr. Project Manager' Staff Planner II
Prepare two conceptual design alternatives
Collaboration with Cent to discuss Ideas
Drafting of conceptual plans
Preliminary cost estimates
Preparation of presentation boards
Crier rendering of piens
Principal
1 Sr. Project Manager 1 SUR Planner Il
Total Hours
4
3
1
1
8
2
2
8
12
16
8
16
24
5
19
8
16
Sub Total Haas
9
20
62 -
81
Bing Rate
Sub Total Labor Costs
3140.00
31,250.00
5110.00
52,200.00
585.00
34,420.00
57,880.00
Description of Service
FINAL CONCEPT PLAN
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Creation of three perspective drawings
Composition of photo and image board
Preparation of signage concepts
Principal I Sr. Project Manager' Staff Planner II
Total Hours
Principal
1 Sr. Project Manager] Staff Planner 11
Tolal Howe
Incorporation of Client comments into fatal plan
Collaboration with Client to refine plan
2
2
3
8
11
2
Drafting of foal conceptual pian
Pretmlnary cost estimate
1
2
4
8
10
Preparation of presentation board
6
6
4
4
Color rendering of final plan
2
8
8
Sub Total Hours
5
9
28
40
BiEng Rate
3140.00
3110.00
$85.00
Sub Total Labor Casts
3700.00
$990.00
52,210.00
53,900.00
Description of Service
THEMATIC DEVELOPMENT
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Creation of three perspective drawings
Composition of photo and image board
Preparation of signage concepts
Principal I Sr. Project Manager' Staff Planner II
Total Hours
1 32 2
2 12
8
35
14
8
Sub Total Hours
3 40 14
57
B8ing Rate
Sub Total Labor Costs
5140.00 5110.00 585.00
3420.00 54,400.00 51,190.00
58,010.00
Description of Service
MEETINGS ! PRESENTATIONS
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Cost
As Incurred
51,250.00
5100.00
550.00
Sub Total
Principal
1 Sr. Project Manager 1 Staff Planner II
Total Hours
Public Open House
4
4
5140.00 5110.00 585.00
55,320.00 59,680.00 58,585.00
8
Half day design charette
6
6
12
Three Consultant meetings with Client
6
6
12
City Council Presentation
2
2
4
Sub Total Hours
16
16
2
38
Bdi ng Rate
5140.00
3110.00
585.00
Sub Total Labor Costs
32,520.00
51,780.00
5170.00
54,450.00
Description of Service
REIMBURSABLE EXPENSES
Reproduction 1 Prints
(24) 30x42 Prints
(75)11x17 Prints
Mileage/Deliveries
Cost
As Incurred
51,250.00
5100.00
550.00
Sub Total
51,400.00
Description of Service
SUMMARY
Total Hours
Principal 1 Sr. Project Manager] Stan Planner II
Total flours
36 tea 101
227
Sub Total Hours
38 e8 101
227
BiEng Rale
Total Labor Costs
5140.00 5110.00 585.00
55,320.00 59,680.00 58,585.00
523,585.00
Reimbursable Expenses
Total Contract
51,400.00
524,985.00
DESIGN SERVICES FEE
Direct Labor
56,796.00
'Total fee does not Include $1,400 of Reimbursable Expenses
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
EXHIBIT E
.�CC7RD'
Certificate of Insurance
SECPLAN-01 RIJO
CERTIFICATE OF LIABILITY INSURANCE C DAT
PR000ceRLIcense # 751664
Austin Property &Casualty
Stephens Insurance, LLC
Ste hensrIn Congress Ave, Suite 750
100Austin, TX 78701
(512) 542-3200
1 ONO!LV IM
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED SEC Planning, LLC
12357 MetaTrace Parkway
Austin, TX 78727.Suite A205
I
nnuona.e
TYPE OF INSURANCE
INSURER k. Valley Forge Insurance Company 420508
INSURER B: Continental Insurance Company 45289
INsuRN,Tc:American Casualty Co. 0427
NSURERO:Ace American Insurance Company
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
POLICIES.ADAGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
FOR THE POLICY
RESPECT TO WHICH
TO ALL THE TERMS,
DAiE N^
PERIOD INDICATED. NOTWITHSTANDING
THIS CERTIFICATE MAY BE ISSUEO OR
EXCLUSIONS AND CONDITIONS OF SUCH
WATS
UN
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TYPE OF INSURANCE
POLICY NUMBER
MN=FOLIC�IW
WPOSE NO OBLKIAIION OR LIABILITY OF ANY KING UPON THE INSURER, ITS AGENTS OR
REPREEENTATNEB
GENERAL
LIMRITY
EACH OCCURRENCE
5 2,000,000
A
X
COMMERCIAL GENERALLIAB:Lm
4012140144
7/1512010
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$ 300,000
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$ 10,000
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S 4,000,000
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AUTOMOBILE LIABILITY
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PROPERTY DAMAGE
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GARAGE LIABILITY
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EACH OCCURRENCE
5 5,000,009
❑CLNMSNUDE
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7/15/2010
7/15/2011
AGGREGATE
$ 5,000,000
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N04874067002
7/1512010
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DESORPTION OF OPERATIONS (LOCATIONS (VEHICLES N EXCLUSIONS ADDEO BYENDORSEMENT I SPECS'. PROVISIONS
City of Round Rock Is listed as additional Insured as required by written contract.
CPOTICIt•ATC 11111 hen
vr,nv,-f..4-r•„VJI
BHOULOANYOFTHE ABOVEDESCRIBEOPOUCIES BECANCELLEOBEFORETIN EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO UMI. 30 DAYS NThTTEN
City of Round Rock
221
NOTICE TO THE CERTIFICATE HOLDER NAOIE-D TO THE LEFT, BUT FAILURE TO 00 SO SHALL
Easf Main St.
Round Rock, TX 78664-
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