CM-12-02-026ROUND ROCK, TEXAS
IMPOSE. INION. IMI06PERITY
Consider executing a Contract for Landscape Architecture Services with Baker-Aicklen & Associates, Inc. for Community Entry
Item Caption: Gateway Signage along IH 35.
rn� ,)2�0 2 —07-6"la's RECEIVED
FEB 0 9 7012
City Manager Approval Form
Approval Date:
February 10, 2012
Department Name: Transportation Department
Project Manager. John Dean
Assigned Attorney: Charlie Crossfield
Item Summary:
Recently, the Texas Department of Transportation and the Federal Highway Administration gave approval to the City of Round
Rock to allow a variance in the gateway sign design guidelines for Round Rock's proposed gateway sign at the intersection of
IH -35 and Westinghouse Road. The proposed conceptual design of this sign is attached for reference.
The next steps in the approval process will include the following:
1) Execution of a contract with a design firm to prepare construction documents for the gateway sign.
2) Coordination with the TxDOT Georgetown Area Office to ensure the construction plans meet with their approval.
3) Execution of a gateway sign agreement with TxDOT which includes the following:
a) A resolution indicating Round Rock's approval of the gateway sign design, content, location, commitment to fund
construction and maintenance of the gateway sign.
b) A plan for maintenance of the sign.
c) Construction plans (from #1 above).
4) Upon approval of the gateway sign agreement, advertise for bids on the gateway sign construction.
5) Award bid for construction of the gateway sign.
No. of Originals Submitted: 2
Project Name: Round Rock Gateway Sign
Cost: $23,302.60
Source of Funds: General Self -Financed Construction
Source of Funds (if applicable): Select Source Fund
Account Number.
Finance Director Approval: Cheryl Delaney
Date: 2/7/12
Department Director Approval: Gary Hudder Date: 2/6/12
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item. **
CIP 1=1 Budget I I Purchasing El 111 Accounting L 111
N/A OK N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
"AROUND ROCK, TEXAS
PURPOSE PASSION PROSPERITY
CITY OF ROUND ROCK
CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES
FIRM: Baker-Aicklen & Associates, Inc. ("Consultant")
ADDRESS: 507 West Liberty Ave. Round Rock, Texas 78664
PROJECT: Community Entry Gateway Signage along IH 35
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
THIS CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES ("Contract") is made
and entered into on this the I iP% day of corva% , 2012 by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation, wl se 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
0199.1200 242851 Rev.08/10
File Name: AA00ENTRY 00201416
1
CM-►ti-oti-oti(Q
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 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 Twenty Three Thousand, Three Hundred and Two Dollars and sixty cents,
($23,302.60) 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:
John Dean
Transportation Planner
2008 Enterprise
Round Rock, Texas 78664
Telephone Number (512) 218-6617
Fax Number (512) 218-5563
Email Address jdean@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, ASLA/RLA
Senior Project Manager
Baker-Aicklen & Associates, Inc.
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 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 inay 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 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 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 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 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 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:
Brian Binkowski, ASLA/RLA
Senior Project Manager
507 West Liberty Ave.
Round Rock, Texas 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 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.
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 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 full performance of the terms and provisions hereof.
15
CITY OF RO
By:
ROC TEXAS
a 5
Sf ev2 Norwood,
ATTEST:
By:
BAKER-AICKLEN & ASSOCIATES, INC.
By:
Signature of Principal
Printed Name: g aev,p[
16
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 A — City Services
The CITY will furnish to the LANDSCAPE ARCHITECT / ENGINEER the following
information and/or perform the following tasks:
1. Provide a Project Manager to serve as the primary point of contact for the LANDSCAPE
ARCHITECT / ENGINEER for this project.
2. Furnish all applicable data and correspondence the CITY may have on file for this
project.
3. Provide existing typical sections, as -built drawings, and right-of-way maps as available.
4. Provide any existing survey or utility data that is available in this vicinity.
5. Provide assistance in obtaining information from local, regional, state and federal
agencies, as required.
6. Provide design criteria and guidelines for TxDOT gateway monuments.
7. Provide timely reviews at predetermined milestones, decisions and directions
necessary to permit the project to progress according to the agreed upon project
schedule (Exhibit C).
8. Meet on an as need basis to answer questions, provide guidance, and offer
comment.
9. Promptly review invoices to CITY guidelines.
10. Submit and facilitate design reviews and approvals with TxDOT District and
Division Offices and Federal Highway Administration (FHWA) as required.
REFERENCES (latest editions; including latest revisions)
1. City of Round Rock (CORR) Design and Construction Standards Criteria Manual
2. City of Round Rock (CORR) Standard Specifications Manual
3. TxDOT Interlocal Agreement — Austin District/City of Round Rock
4. TxDOT Gateway Monument Program Guidelines
5. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets,
and Bridges - 2004 (English units)
6. TxDOT Texas Manual of Uniform Traffic Control Devices (TMUTCD)
NOTES
1. All design shall be in accordance with the above references when required, except where
variances are permitted in writing by the CITY. (The above annotated list is not intended to
be all inclusive; there may be other references required dependent upon the specific design
needs of the project.)
2. The LANDSCAPE ARCHITECT / ENGINEER is responsible for purchasing all references
which are required for the project.
3. Design Criteria descending order of precedence for PS&E development: 1) CORR criteria,
standards, and specifications; 2) TxDOT criteria, standards, and specifications.
EXHIBIT B — Landscape Architecture Services
The work to be performed under this contract will consist of providing professional landscape
architecture and engineering services for the development of construction drawings and
specifications for bidding and construction of a Gateway Monument at the northwest quadrant
of the intersection of IH -35 and Westinghouse Road. Design plans will be based on exhibits
previously approved TxDOT and included in an Interlocal Agreement between the City of
Round Rock and the Texas Department of Transportation (TxDOT). The final design shall
conform to the requirements indicated within the Interlocal Agreement and TxDOT Gateway
Monument Program Guidelines. The City has confirmed with TxDOT's Environmental Division
that no environmental clearance/documentation or Water Pollution Abatement Plan is required
for the design and construction of the Gateway Monument within TxDOT right of way. The
USDA/SCS Soil Survey of Williamson County, Texas (1980) will be referenced for structural
design of the monument footing.
Plans will be submitted at required intervals indicated on 11"x17" sheets and in digital format.
The project will be developed in English units. The work to be performed by the LANDSCAPE
ARCHITECT / ENGINEER under this work authorization, in general, will consist of:
• Project Management
This task will include the following activities:
• Provide overall project management services including budget control, schedule control,
project coordination, resource allocation, subconsultant management and coordination,
and preparation of invoices.
• Ensure timely delivery of all deliverables including electronic files, and hard copies of all
pertinent information, all in American Standard System of Measure format.
• Perform Quality Control/ Quality Assurance reviews.
• Design Review Meetings with City — attend 90% and 100% submittal review meetings and
coordinate comment responses and approvals.
*Meeting(s) with TxDOT to review construction documents is not included.
• Construction Documents
Working drawings may include but not be limited to the following information: construction
notes, site/layout, grading, landscaping, erosion/sedimentation controls, traffic control
plans/details and site details. 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. This task will include the
following activities:
• Data collection/base preparation.
• Prepare ninety percent (90%) construction drawings, specifications and opinion of
probable construction costs (OPCC) including appropriate•escalation factors and
contingencies. Deliverables to City will be one (1) set11 "x17" plans, bound specification
manual and OPCC.
• Review 90% construction documents and OPCC with City.
• Address initial City comments and prepare one hundred percent (100%) construction
drawings, specifications and opinion of probable construction costs (OPCC) including
appropriate escalation factors and contingencies. Deliverables to City will be one (1)
set11 "x17" plans, bound specification manual and OPCC.
• Provide necessary construction documents for City's submittal to TxDOT. Plans and
specification manuals will also be available in digital PDF format for use by City.
• Review all comment/modifications requested by TxDOT with City for appropriate action.
• Revise construction documents as directed by the City for final processing, approvals
and permits as needed.
*Meeting(s) with TxDOT to review construction documents is not included. One (1)
revision to construction documents included with permit review process. Addressing
additional comments will after final submittal will be an additional service.
** All permit, application and review fees are to be paid by the City.
• Structural Engineering Design (Genesis Engineering Group)
• Sign pylon design, sections and details.
• CMU wall design, sections and details.
• Sculptured wall design, sections and details.
• Technical specifications.
• Electrical Engineering Design (Genesis Engineering Group)
• Site wiring, riser diagram and details.
• Load Analysis and energy estimate.
• Technical specifications.
• Bidding
Consultant shall assist. City during the bidding process. This task will include the following
activities:
• 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.
• Attend pre-bid conference and document the proceedings.
• Address Contractor RFI's, prepare and issue addenda as required.
• Attend the bid opening, review bids including alternates and formulate bid tabulation.
• Provide written recommendation to City.
• 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 three (3)
2
months. Consultant shall conduct monthly progress meetings to monitor the status and
quality of construction and to determine 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 task will include the following activities:
• Attend a pre -construction meeting.
• Preparation and process Requests for Information, Change Proposals, Change Orders,
Change Directives, review/approval of shop drawing, submittals and mock-ups (as
required).
• Conduct and oversee monthly progress meetings with City, design team and contractor
on site. Total of three (3) progress meetings anticipated (one 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 and issue letter of concurrence/acceptance of project.
*Field changes, change directives, change orders or any other changes during
construction of the project initiated by the City, without prior written consent of the
Consultant, shall indemnify and hold the Consultant harmless from any damage, liability
or cost, including reasonable attorneys' fees and costs of defense, arising from such
changes.
REFERENCES (latest editions; including latest revisions)
1. City of Round Rock (CORR) Design and Construction Standards Criteria Manual
2. City of Round Rock (CORR) Standard Specifications Manual
3. TxDOT Interlocal Agreement — Austin District/City of Round Rock
4. TxDOT Gateway Monument Program Guidelines
5. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets,
and Bridges - 2004 (English units)
6. TxDOT Texas Manual on Uniform Traffic Control Devices (TMUTCD)
NOTES
1. All design shall be in accordance with the above references when required, except where
variances are permitted in writing by the CITY. (The above annotated list is not intended to
3
be all inclusive; there may be other references required dependent upon the specific design
needs of the project.)
2. The LANDSCAPE ARCHITECT / ENGINEER is responsible for purchasing all references
which are required for the project.
3. Design Criteria descending order of precedence for PS&E development: 1) CORR criteria,
standards, and specifications; 2) TxDOT criteria, standards, and specifications.
4
AL -
11,
114
aX>r
os
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l90% Construction Documents J
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100% Construction Documents
1
City/TxDOT Review
Address Final Review Comments
FC—i;/;;DOT Permitting - Authorize to Bid
Bidding//Award
Construction Contract / Pre -con
Construction Observation
TOTALS
$2,281.44
$7,637.07
$5,180.46
$1,341.15
$2,281.44
$4,470.79
$110.25
$23,302.60 1
Subconsultants
Q QCO to
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Other
Direct Costs
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O O O O O O N
0 0 0 0 0 0 0
(R to to (R (R (R r
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s-
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Total
Loaded Labor Cost
$2,281.44
$7,637.07
$0.00
$0.00
$2,281.44
$4,470.79
-4-
r•-• ti
O
co
r
Total
Labor Hours
(O , N r CO tO-
r (O d' r r M
00
r
Y
N
10
F• -
Task 1: Project Management
Task 2: Construction Documents
Task 3: Structural Engineering Design
Task 4: Electrical Engineering Design
Task 5: Bidding
Task 5: Construction Observation
Estimated Direct Expenses
'GRAND TOTAL:
EXHIBIT E
Certificates of Insurance
CIIent#: 162272
BAKERAIC
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DTE( oDz )
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. rf SUBROGATION IS WAIVED, subject 10
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
USI Southwest
7600 B N. Cap of Tx Hwy. #200
Austin, Texas 78731
CONTACT Debi Wylie
NA
H". Est).
512-651-4159 I uc, No): 512-487-0113
ADDRESS:
PRODUCER
CUSTOMERSIS:
INSURER(S) AFFORDING COVERAGE
NMC
INSURED
Baker-Alcklen & Associates, Inc.
507 W. Liberty Avenue
Round Rock, TX 78664
INSURER A:Hudson Insurance Company
25054
INSURER B :
INSURER C:
,
INSURER D :
EACH OCCURRENCE
INSURER E:
INSURER F :
5
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR BED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
LTR
TYPE OF INSURANCE
AOOL
HSR
SUER
NYD
POLICY NUMBER
POLICY EPF
(MMIDD1YYYY)
PpUCY EXP
MIDDIYYYYI
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GENERAL
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COMMERCIAL GENERAL
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(�
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PREMISES (Ee occurrence)
5
CLAIMS -MADE
MEQ EXP (Any one person)
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PERSONAL & ADV INJURY
5
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GENERAL AGGREGATE
5
GEM AGGREGATE LIMIT APPLLIIE�SPER:
—1 POLICY n JECT 1 ( !LOC
PRODUCTS -COMP/OPAGG
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AUTOMOBILE
—
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ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
MOHAWNEDAUTOS
COMBINED SINGLE UMIT
(Ea accident)
S
BODILYINJURY (Per person)
5
BODILY INJURY (Per ecc denl)
5
PROPERTY DAMAGE
(Per accident)
S
--^^
—
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3
UMBRELLA UAB
EXCESS UAB
OCCUR
CLAIMS -MADE
EACH OCCURRENCE
S
AGGREGATE
S
—
DEDUCTIBLE
RETENTION 1
S
5
WORKERS COMPENSATION
ANO EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTNEY/N
OFFICEWMEMSEREXCLUDED?
(Mandatory M NH)
U ppea descltbe under
DESGtRiPTUON OP OPERATIONS
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$
E.L. DISEASE - EA EMPLOYEE
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E.L. DISEASE - POLICY LIMIT
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A
Professional Liab
Claims Made.Pol.
AEE7262100
Retro:05!01/81
05/21/2011
051211201i
52,000,000 per claim
$2,000,000 anni aggr.
DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 11 more space s required)
Re: Gateway Monument - IH -35.
Prof Liab: The aggregate limit Is the total Insurance available for claims presented within the policy
period for all operations of Insured. The limit will be reduced by payment of indemnity and expense.
CERTIFICATE HOLDE
R
CANCELLATION
City of Round Rock
2008 Enterprise
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
5.4644- c , �j.►'"'e'O4b-f -
01988.2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD
SXVZP
068698041M8019741
Hv " CERTIFICATE OF LIABILITY INSURANCE
DATE(MMroDIYYYY)
1/23/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in IIeu of such endorsement(s).
PRODUCER
CONTACT
paw, Karen Chandler
Brookshire Insurance Agency
P (512)352-6376 1 FaxAIC. Not: (3ra)317-$9 7
a raG: (
1611 Granger Road
ADDRESS:karenobrookehireins.aom
INSURER(S) AFFORDING COVERAGE
NAIC S
Taylor TX 76579
INSURER AtThe Travelers Lloyds Insurance
1262
INSURED
INSURERB:The Charter Oak Fire Ina
25615
Baker-Aicklen & Associates Inc
INSURERC:The Travelers Indemnity Company
25682
507 W. Liberty Ave
NISURERD(2he Travelers Indemnity Company
25666
PERSONAL&ADVINJURY
INSURER E :
Round Rock TX 78664
INSURERF:
S 2,000,000
•
.s. 7nnwi. nVmoGn.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W)TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER
WVD
POLICY NUMBER
POLICY EFF
IMINDOIVYYYI
POLIggyy EXP
IM MIOD/YYYY1
LIMITS
A
GENERAL
—
X
UABIUTY
COMMERCIAL GENERAL LLAE UTY
PACP89221,731
13/20/2011
3/20/2012
EACH OCCURRENCE
S 1,000,000
PREMISES tEa ocwErranca)
$ 3 00 , 000
CLAIMS -MADE in OCCUR
NEDExp (Any oneperson)
$ 5,000
r--
PERSONAL&ADVINJURY
S 1,000,000
GENERAL AGGREGATE
S 2,000,000
GEN'LAGGREGATE LIMITAPPLIESPER
—I POLICY fin l R n LOC
PRODUCTS •COMPIOPAGG
S 2,000,000
S
B
AUTOMOBILE
X
.._
_
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
.__.
SCHEDULED
AUTOS
�O OWNEO
8A8913L193
3/20/2011
3/30/2012
COMBINED
O BcINEEDISINGLEUMVTMe
S 1,000,000
BODILY INJURY (Per person)
S
BODILY INJURY )
(Per
S
�PERTY DAMAGE
(Peraccdenf
S
S
`s
X—
UMBRELLALU9
EXCESS UAB
X
Occ
CLAIMS•MADE
1X8MCOP8664Y90A
3/20/2011
3/20/2012
EACH OCCURRENCE
$ 5,000, 000
AGGREGATE
$ 5, 000, 000
_DEO
{
1 X (RETENTIONS 10,000
S
D
WORKERS COMPENSATION.,,,
AND EMPLOYERS' LIABILITY
ANY PROPRIETOWPARTNERrEXECUTiVE
OFFICER/MEtory M ERNH) EXCLUDED?
D Cs. IPTI0NOFer
DESCRIPTION OF OPERATIONS below
YIN
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3/20/7011
3/20/2012
STATU• IOTH•
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E EACH ACCIDENT
S 1 , 000, 000
E DISEASE • EA EMPLOYEE
S 1,000,000
E.LDISEASE- POUCYUMIT
S 1,000,000
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If mwe space le required)
RE Gateway Monument - IH 35
CANCELLATION
City of Round Rock
2008 Enterprise
Round Rock, TX 78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
R. Brent Kriegel/KDC R.R
ACORD 25 (2010105)
tNS11211rmi n1
m 1988-2010ACORD CORPORATION. Alt rights reserved.
ThA Af lPr1 mama and Inns Gra ranlatarad market of IIRr1Rr1