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R-12-12-06-F8 - 12/6/2012RESOLUTION NO. R -12-12-06-F8 WHEREAS, the City of Round Rock desires to retain landscape architecture services for the Bathing Beach Park Development Project, and WHEREAS, Baker / Aicklen + Associates has submitted a Contract for Landscape Architecture Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Baker / Aicklen + Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Landscape Architecture Services with Baker / Aicklen + Associates for the Bathing Beach Park Development Project, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 6th day of December, 2012. /'l ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST : SARA L. WHITE, City Clerk 0: \wdox\SCC 1 nts\0112\ 1204\MUNICIPAL\00263360. DOC EXHIBIT 'ROUND ROCK, TEXAS PURPOSE. FISSION. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM :BAKER / AICKLEN + ASSOCIATES ("Consultant") ADDRESS :507 West Liberty Avenue, Round Rock, TX 78664 PROJECT :Bathing Beach Park Development Proiect encompassing Chisholm Trail Crossing nark area, bathing beach area, Creekside Greenbelt area, and "Round Rock" area THE STATE OF TEXAS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES (the "Contract") is made and entered into on this the day of the month of , 2012 by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as the "City"), and BAKER / AICKLEN + ASSOCIATES, whose offices are located at 507 West Liberty Avenue, Round Rock, Texas 78664 (hereinafter referred to as the "Consultant"), and such Contract is for the purpose of contracting for professional landscape architecture and design services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of landscape architecture services; and WHEREAS, City and Consultant desire to contract for such professional landscape architecture services; and WHEREAS, City and Consultant wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Landscape Architecture Services Contract Rev. 08/10 262981 /jkg 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 "Services to be Performed by City." ARTICLE 2 LANDSCAPE ARCHITECTURE SERVICES Consultant shall provide professional consulting and design services necessary for the development of an approximately eleven (11) acre parkland project known as the "Bathing Beach Park Development Project," which project encompasses the Chisholm Trail Crossing park area, the bathing beach area, the "Round Rock" area, and the Creekside Greenbelt area. Consultant shall perform Landscape Architecture Services as identified in Exhibit B entitled "Scope of Consultant's Basic Services." Consultant shall perform the Landscape Architecture Services in accordance with any Work Schedule delineated by City. 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 initial term of this Agreement shall be for thirty-six (36) months from date of issuance by City of Notice to Proceed, with no prohibition against renewal or extension of the term upon prior written approval of both parties. (2) Work Schedule. The Consultant is expected to complete the Landscape Architecture Services described herein in accordance with the 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 herein 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 2 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. (2) Critical Designation of 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 Eighty -Nine Thousand Seven Hundred and No/100 Dollars ($89,700.00) 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. 3 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 Govermnent 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. M ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Park Development Manager Parks and Recreation Department 301 W. Bagdad Sheet, Suite 250 Round Rock, Texas 78664 Telephone: (512) 341-3345 Fax: (512) 218-5548 Email: dbuzzell@roundrocktexas.gov 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: Tim Bargainer Director of Planning/Landscape Architecture 507 West Liberty Avenue Round Rock, TX 78664 Telephone: (512) 244-9620 Fax: (512) 244-9623 Email: tbargainer@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 progress in Landscape Architecture Services does not satisfy the Work Schedule, then City shall review same 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 progress of the Landscape Architecture Services, including but not limited to: (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 sixty (60) 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. 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. 6 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. Idowever, 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. By execution of this Contract and in confirmation of the fee for services to be paid hereunder, 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 hereunder. Copies may be retained by Consultant. Consultant shall be liable to City for any loss or damage to any 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 7 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. 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. Bj 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. 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 Vt 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. 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. 10 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 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. 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. 11 (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: 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. 12 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. 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 13 Consultant: Tim Bargainer Director of Planning/Landscape Architecture 507 West Liberty Avenue Round Rock, TX 78664 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the Landscape Architecture Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Consultant shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Consultant's standard of performance as defined herein. Where damage is caused to City due to 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. (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 fiom opinions of probable cost Consultant prepares. 14 (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 fine. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Consultant, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terns and provisions hereof. CITY OF ROUND ROCK, TEXAS Alan McGraw, Mayor FOR CITY, ATTEST: Sara L. White, City Clerk FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney BAKER / A,IjC� KLEEN + ASSOCIATES By: Signature of Principal Printed Name: R. liz„; d Strotton Title: ike e P -e s.zlt„f- Date Signed: gau,.bcr /9, 20/2 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Landscape Architecture Services Exhibit C [intentionally omitted] (3) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX EXHIBIT A: SERVICES TO BE PERFORMED BY CITY A1.0 Design Studies and Design Criteria • As -built plans for existing facilities adjacent to this project, if available. • Existing geotechnical reports and data for existing facilities adjacent to this project, if available. • Utility information (plans, maps, etc.) both current and archived within the City of Round Rock, if available. A2.0 Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meeting(s), may include but not be limited to: (2) Public input meetings and (1) City Council meeting. A3.0 Field Surveying and Photogrammetry Provide all mailable surt,ey and photograinntetiy information to date. A4.0 Drainage • Provide available information and studies on existing drainage areas. • Provide hydraulic design criteria for project design. • Provide standard details and specifications as necessary to assist design consultant. A6.0 Miscellaneous • Provide direction necessary for aesthetic treatment of existing and proposed structures, amenities and landscaping. • Provide copies of all licensing agreements, utility agreements and other legal instruments related to the project. • Prepare and coordinate any required Licensing and/or Utility Agreements. • Pay all permit, review and application fees. TDLR review and inspection fee to be paid by Consultant as a reimbursable expense. • Provide any other pertinent information to assist design consultant. 507 w. liberty avenue round rock, texas 78664 phone: 5121244-9620 fax: 5121244-9623 Page 1 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX EXHIBIT B: SCOPE OF CONSULTANT'S BASIC SERVICES B1. General Scope The purpose of the services proposed herein is to provide professional consulting services necessary for the development of this bathing beach project which encompasses the Chisholm Trail Crossing park area, the Bathing Beach area, the Round Rock and the Creekside Greenbelt area. It is the Consultants intent to work in effective cooperation with the City to achieve an efficient and acceptable implementation of the project. 131.1 Program Consultant shall provide services, as later described for, but not limited to, the following general program elements. • Historical & Educational Elements • Event Elements • Arts & Culture Elements • Elements to Encourage Development Revitalization Surrounding Site • General Park Use Elements B1.2 Development Budget Goal No proposed development budget has been established at this time. Total park development area is estimated to be approximately eleven (11) acres. The Consultant will generate and revise an opinion of probable construction costs (OPCC) throughout the project's design development but does not guarantee that proposals, bids, or actual Project cost will not vary from its opinion of probable construction costs (OPCC). B1.3 Scope of Basic Services Given the above stated general scope and program previously defined, The Consultant will provide the following scope of basic services. The consultant shall not perforin the serroices wader this section unless the City issues a written Notice to Proceed (NTP) speciftcally for these services. B1.4 Data Collection I Site Assessment The Consultant shall consolidate all available data and information into an overall project base map of existing conditions to be used throughout the design process. Necessary information may include, but is not limited to: • Current City and/or State ARC/GIS/AutoCAD data sets available for the entire project area. • Infrared/Aerial photography of entire project. • Existing and/or proposed site, transportation and utility infrastructure plans relevant to the site. • Construction and as -built plans (if available) in AutoCAD format for existing infrastructure related to the project site. • Existing geotechnical information. • Identification and research of historically significant sites and features • Development potential of surrounding sites (maximum building footprint based on zoning) 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 2 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX The Consultant shall develop a digital photographic inventory of the existing project site and any critical issues potentially impacting the site, existing conditions, as well as serve as a visual reference for the design team. Upon completion of data collection, the Consultant shall conduct a preliminary site assessment walk with the City and design team to identify site opportunities and constraints as they relate to the design of the project. 131.6 Schematic Design I Public Input Process The Consultant shall support City staff members by facilitating a design charette and attending public meetings (maximum of two) so to garner input from public stakeholders, key user groups, public officials, and city staff in relation to the design and implementation of the project, as follows: • Preliminary floodplain I drainage investigation necessary to assess required design response. The investigation will include a basic study and analysis of existing floodplain and drainage information to evaluate the potential impacts on the project. • Assist City staff by attending publicly announced presentation and meeting to public stakeholders to present project and garner comments, desires, and concerns to be addressed in the design process, • Assist City staff by participating in schematic design charette to establish the general concept ideas prior to public input process. • The Consultant shall prepare up to a maximum of three (3) illustrative schematic design concepts resulting from public stakeholder feedback and to address areas specific to the opportunities for sculptural art scene concepts. • Assist City by attending publicly announced presentation to public stakeholders to present updated illustrative schematic design to garner additional feedback. • Attend Public Presentation(s) to City Council (maximum of two) of final Schematic Design response and Opinion of Probable Construction Costs (OPCC), and proposed schedule of remainder of project. • Assist City in development, issuance and review of Call for Entry's for artists as necessary to facilitate development of planned art within the park. 61.6 Construction Documentation I Regulatory Entitlement JPermitting Upon City's approval of the schematic design and the Consultants opinion of probable construction costs (OPCC), the Consultant will provide landscape architectural, engineering and survey services necessary to develop working drawings and technical specifications necessary to construct the work. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall: • Coordinate construction drawings and specifications with other consultants. • Prepare sixty percent (60%) construction drawings and opinion of probable construction costs (OPCC) including appropriate escalation factors and contingencies. Deliverables to City will be three (3) sets 11"x17" plans. • Review 60% construction drawings and OPCC with City. • Prepare ninety percent (90%) construction drawings and update. Deliverables to City will be three (3) sets 1 I"x17" plans and bound specification manuals. • Review 90% construction drawings and OPCC with City. 507 w. liberty avenue round rock, texas 78664 phone: 5121244-9620 fax: 5121244-9623 Page 3 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX Prepare one hundred percent (100%) construction drawings, specifications, reports, pennit applications, and other documents required for permitting and construction; update. Prepare a Water Pollution Abatement Plan (WPAP) for the first phase of the park development. Assist the City in filing the appropriate plans and documents to Texas Commission on Environmental Quality (TCEQ Edwards Aquifer Recharge Zone rules). Assist City in filing the appropriate plans and documents with jurisdictional and regulatory agencies. Deliverables to include: CORR (City of Round Rock) — three (3) sets 11 "x 17" plans and three (3) bound spec. manuals; CORR Floodplain Administrator — required number of plans and specifications; Georgetown Railroad - required number of plans and specifications ; Texas Department of Licensing and Regulation (TDLR) — one (1) full size set 22"04" plans; and one (1) set of l 1"x17" plans and (1) bound spec. manual for Consultant's use; Texas Commission on Environmental Quality --EARZrules (7) bound WPAP Application (Ioriginal/4 copies-TCEQ, I - City, 1 -Consultant). Plans and specification manuals will also be available in digital PDF format for use by City. Review all modifications requested by jurisdictional and regulatory agencies with the City. Revise construction documents and drawings and submit to the appropriate agency(s) for final processing, approvals and permits as needed. (Note: All permit, application and review fees are to be paid by the City.) Opinions of Probable Construction Costs (OPCC) Opinions ofprobable construction costs provided by the Consultant are based on the Consultant's familiarity ivith the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated Unless expressly agreed in writing and signed by the parties, no fried limit of construction costs is established as a condition of this Agreement by the fi rnishing of opinions of probable construction costs. B1.7 Bidding Consultant shall assist City during the bidding process. The Consultant shall: • Coordinate the schedule for bid advertising, pre-bid conference and bid opening. • Prepare and organize bid solicitation and proposal forms consistent with the City's requirements. • Arrange for distribution of the bid documents. • Attend and Assist with the pre-bid conference and document the proceedings. • Prepare and issue addenda. • Attend the bid opening • Review bids including alternates and formulate bid tabulation. • Provide written recommendation to City. • Assist with issuance of the Notice of Award and construction contract documents/agreement. 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 5121244-9623 Page 4 of 9 bakerlaicklen + associates landscape architects i planners I engineers I surveyors i GIS Project No.0601-2-XXX B1.$ 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 has not been established at this time, Consultant shall conduct bimonthly 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. Construction Observation shall include: • Attend and Assist with the pre -construction meeting. • Constructions observation -- preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals and mock-ups (as required). • Conduct bimonthly progress meetings with City, design team and contractor on site. Consultant shall issue progress meeting minutes. • Review and approve contractor Applications for Payment. • Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list for incomplete items including time for completion. • Conduct final inspection for acceptance of project. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents required to close-out project fi-om the contractor. • Review and approve contractor's final Application(s) for Payment including retainage. • Assist City in scheduling TDLR inspection for accessibility. Inspection fee to be paid by City. Field changes, change directives, change orders or any other changes during 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. B2 Surveying Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Perform field work necessary to gather the requested data to verify existing topography. All data will be gathered electronically by the use of GPS, conventional, and digital levels as needed. Data to be collected will include: Existing edge of pavement within project area, drainage structures, surface utilities and generate a contour map of the area at I foot intervals (vertically), any appurtenances, structures and significant site elements. An Autocad drawing of the gathered information will be generated to a specified scale. 507 w. liberty avenue round rock, texas 7£3664 phone: 512/244-9620 fax: 512/244-9623 Page 5 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIs Project No.0601.2-XXX 133 Electrical Engineering Design Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these seii ices. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: electrical load analysis, electrical site plan wiring diagram, and Comcheck energy run. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFi's and construction RFI's, submittal review and two site observations. 134 Alternate Services - Alternate services are services that maybe necessary as the project progresses and shall only be engaged by authorization of the Client as deemed necessary. 134.1 Floodplain and Watershed Analysis Conduct a drainage study to determine the impacts of proposed improvements to the existing floodplain within Brushy Creek watershed. Analysis will include survey necessary to verify channel topography, watershed analysis, floodplain modeling and delineation, and mitigation of potential impacts to adjacent properties based on proposed improvements. Report will accompany proposed construction plans for permitting. 135 Additional Services City shall provide the following information or services as required for performance of the work. The Consultant assumes no responsibility for the accuracy of such information for services and shall not be liable for error or omissions therein. Should the Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be performed as Supplemental Services. Additional Services shall only be provided if previously authorized by the City. Additional Services may include, but not be limited to, the following: • USACE Nationwide pennit 42 — Waters of the United States • Structural Engineering services • FEMA Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) • Preparation of Phased bid package(s) with reduced scope of items defined herein. Including construction drawings and specifications. • Drainage Analysis and / or storm system design services (unless stated in Basic Services) • Traffic impact Analyses. • Bridge Design (other than pre-engineered structures). • Hazardous Site Assessments. • Land Acquisition services. • Easement acquisition or vacation including preparation of easement documents. • Preparation of multi -use agreement(s) and exhibits • Assistance or representation in litigation concerning the property of proposed project. • Services required after final acceptance of construction work. 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 6 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601.2-XXX • Environmental study (i.e., Phase l Permit). • U.S. Fish and Wildlife Service: (Enviromnental Assessment Report). • Revisions to drawings previously approved by the City due to changes in: Project scope, budget, schedule, or when such revisions are inconsistent with written approvals or instructions previously given; enactment or revision codes, laws, or regulations subsequent to the preparation of such documents. • Preparation of presentation materials for marketing or purposes other than in -progress approvals. • Preparation of as -built drawings. • Public or other presentations beyond those described in Basic Services. • Provide consultation, drawings, reports and other work products related to permits, approvals and ordinances not described in Basic Services. • Providing professional services for the field selection of plant materials. • Design of on-site and off-site utility extensions beyond those described in Basic Services. • Construction materials testing. • Providing services other than those outlined in Basic Services. EXHIBIT C: SCHEDULE 507 w. liberty avenue round rock. texas 78664 phone: 512/244-9620 fax: 592/244-9623 Page 7 of 9 R. s W UL c a, t m E cc Z a O O O O O N 64 0 G 00 O O O O O O o 00 0 0 0 0 0 0 0 y to O � to X 0 0 0 0 O t-- fl- N LO O O O Qt-- to M M to t- •- O O 1- o 00 N M O O 6 � .i� C y p p O O O O O O O CD O � p 60 6 0 6 O O to w, 69 � � 7 N U) y O O p �-% O O O O O O O O O p p F'66 O N 69 O O 69 69 69 69 669664 r n. N O o p o p o p o 0 R I- p ti N O O Q p +y+ O J l j M C7 r- L j I� , O O ti t- d g 00 M� O 64 69 C4 �p 6'i 69 69 69 l0 O J 0 p O Nr 00 M r- U)U') 0 0� O m N (`M O (D m m aEi w o n(0) :3a� ami a' a) V O 0) C O 41 U w0 o a) D -0N N O Q D '� C .0 C � X O O a) W i LU T U :3 0 Q Q) D 0 •� a-' m U 3 ami D �i Ln m ti co GO w 'a) O N C0 N M :P-- 'I io CO r-- 00 O x x x " -�c _c _Ile Y m � F- � 0 F- IL F- t`o O O O O O N 64 0 G bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX EXHIBIT E: CERTIFICATES OF INSURANCE (See attached) 507 w. liberty avenue round rock, texas 78664 phone: 5121244-9620 fax: 512/244-9623 Page 9 of 9 Client#: 162272 BAKERAIC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/29/2012 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA Debra Wylie USI Southwest PHONE FAX C. No,Extl: 512.651-4159 1w No,: 512-467-0113 7600-B N. Cap of Tx. Hwy. #200 E-MAIL-- - Austin, Austin, Texas 78731 ADDRESS: PREMISS EaEoNccurrence S INSURERS AFFORDING COVERAGE NAIC# INSURER A: Hudson Insurance Company 25054 CLAIMS -MADE F—I OCCUR INSURED Baker-Aicklen $ Associates, Inc. INSURER B 507 W. Liberty Avenue INSURER C: Round Rock, TX 78664 INSURER D: INSURER E: INSURER F : PERSONAL & ADV INJURY S COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY FRCP LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER MWDDIYYYY MMIDDIYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISS EaEoNccurrence S MED EXP (Any one person) $ CLAIMS -MADE F—I OCCUR PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY j Ra LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON -OWNED HIREDAUTOS AUTOS(Per PROPERTY DAMAGE eccident) _____.-$ _ $ EACH OCCURRENCE $ UMBRELLA LIAR [d OCCUR AGGREGATE S EXCESS LIAR CLAIMS -MADE _ $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' ANY PRORIETORIPARTNER/EXECUTIVE Y / N P OFFICER/MEMBEREXCLUDED? NIA WC STATU- OTH- TORY LIMITS I IER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEE7262101 5/21/2012 05121/2013 $2,000,000 per claim Claims Made Pol. Retro: 05/01/81 $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: City of Round Rock Bathing Beach Improvements Project. This Certificate is issued in respects to above referenced. 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. I.L0lI111ala City of Round Rock 301 Bagdad Round Rock, TX 78664 ACORD 25 (2010105) 1 of 1 #S81138061M7272956 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 Iq- ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BXNZP ^I� R" CERTIFICATE OF LIABILITY INSURANCE INSR LTR TYPE OF INSURANCE i0,29�2o 2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Karen Chandler Brookshire Insurance Agency PHONE(512) 352-6376 FAIAIC o: (512)352-5581 1611 Granger Road MAIL ADDREAS.karen@brookshireins.com A PRODUCER D0001352 E Taylor TX 76'5574 INSURERS AFFORDING COVERAGENAIC>V INSURED INSURERA:The Travelers Lloyds Insurance 41262 INSURER B :The Charter Oak Fire Ins 5615 PREMISES Ea occurrence $ 300,000 Baker& Associates Inc INSURERC:The Travelers IndemnityCompany 5682 507 W. Li Liberty Ave INSURER D :The Travelers Indemnity Company 5666 INSURER E : Round Rock TX 78664 INSURER F: �..vvcrwura CER IMC:A I t NUMBEMC:L113900533 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD BR D POLICY NUMBER POLICY EFF MMIDDIYYYYJ POLICY EXP (MWDDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR ACP8922L731 /20/2011 /20/2012 PREMISES Ea occurrence $ 300,000 MEDEXP (Any one person $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICYX PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE X LIABILITY ANY AUTO SINGLE LIMIT S 1,000,000 (Ea Accident) BODILY INJURY (Per person) $ B ALL OWNED AUTOS BAS913LI93 3/20/2011 /20/2012 BODILY INJURY (Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE (Per accident) $ HIRED AUTOS NON -OWNED AUTOS $ S (' X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 WDEDUCTIBLE $ RETENTION S 10,000 KSMCUPS664Y98A /20/2011 3/20/2012 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N PROPRIETORIPARTNERIEXECUTIVE OFFICEWMEMBER EXCLUDED? (Mandatory In NH} Ifyyes describe under DES+ RIP710N OF OPERATIONS below N!A UB -5671Y18 3/20/2011 3/20/2012 X WCSTATU- OTH- TORANY E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT I $ 1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Ref: City of Round Rock Bathing Beach improvements Project SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 301 Bagdad Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE Brent Kriegel/KDC R. ""k- A%.,Vr-,u AD kAVU511.1111 V 1989-Z009 ACORD CORPORATION. All rights reserved. INS026 (soosos) The ACORD name and logo are registered marks of ACORD ROUND ROCK, TEXAS City Council Agenda Summary Sheet PURPOSE. PASSION. PROSPERITY. Agenda Item No. F8. Consider a resolution authorizing the Mayor to execute a Contract for Landscape Architecture Services with Baker Aicklen & Associates for the Bathing Beach Park Agenda Caption: Development Project. Meeting Date: December 6, 2012 Department: Parks and Recreation Staff Person making presentation: Rick Atkins Parks and Recreation Director Item Summary: This professional services agreement is for the design and engineering related to the Bathing Beach Development Project. The scope of the agreement includes public input/design charrette meetings, floodplain investigations, historical element inventory, schematic design, construction documents, coordination with TCEQ & Georgetown Railroad, and construction observation services related to the project. The programmatic elements of the project will include historical elements, educational elements, arts & cultural elements, general park elements and elements that encourage community events and development revitalization along the corridor. This item is in line with a number of Strategic Plan principles including "Family Friendly Community" - sense of community identity and pride; outdoor gathering places and parks for family activities; and "Authentic Downtown" - public trail access and use of Brushy Creek; and river walk with public spaces and commercial businesses. The agreement cost of $89,700 is approximately 8.9% of the total budget of $1,000,000. Staff believes the proposed fee is in-line with the project total and scope of services from the consultant. Cost: $89,700.00 Source of Funds: General Self -Financed Construction Recommended Action: Approval � J � � z LLJ3 0 X O w o 'ROUND ROCK, TEXAS PURPOSE. PASSIOK PROSPERRY. CITY OF ROUND ROCK CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES FIRM :BAKER / AICKLEN + ASSOCIATES ("Consultant") ADDRESS :507 West Liberty Avenue, Round Rock, TX 78664 PROJECT :Bathing Beach Park Development Proiect encompassing Chisholm Trail Crossing park area, bathing beach area, Creekside Greenbelt area, and "Round Rock" area THE STATE OF TEXAS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS CONTRACT FOR LANDSCAPE ARCHITECTURE SERVICES (the "Contract') is made and entered into on this the iv b- day of the month of 'Q!" AAP.,& 12, , 2012 by and between the CITY OF ROUND ROCK, a Texas home -rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as the "City"), and BAKER / AICKLEN + ASSOCIATES, whose offices are located at 507 West Liberty Avenue, Round Rock, Texas 78664 (hereinafter referred to as the "Consultant'), and such Contract is for the purpose of contracting for professional landscape architecture and design services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of landscape architecture services; and WHEREAS, City and Consultant desire to contract for such professional landscape architecture services; and WHEREAS, City and Consultant wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Landscape Architecture Services Contract Rev. 08/10 262981/jkg 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 "Services to be Performed by City." ARTICLE 2 LANDSCAPE ARCHITECTURE SERVICES Consultant shall provide professional consulting and design services necessary for the development of an approximately eleven (11) acre parkland project known as the `Bathing Beach Park Development Project," which project encompasses the Chisholm Trail Crossing park area, the bathing beach area, the "Round Rock" area, and the Creekside Greenbelt area. Consultant shall perform Landscape Architecture Services as identified in Exhibit B entitled "Scope of Consultant's Basic Services." Consultant shall perform the Landscape Architecture Services in accordance with any Work Schedule delineated by City. 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 initial term of this Agreement shall be for thirty-six (36) months from date of issuance by City of Notice to Proceed, with no prohibition against renewal or extension of the tern upon prior written approval of both parties. (2) Work Schedule. The Consultant is expected to complete the Landscape Architecture Services described herein in accordance with the 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 herein 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. (2) Critical Designation of 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 Eighty -Nine Thousand Seven Hundred and No/100 Dollars ($89,700.00 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. 3 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 terns of Chapter 2251, V.T.C.A., Texas Govermnent 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. 4 ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Buzzell Park Development Manager Parks and Recreation Department 301 W. Bagdad Street, Suite 250 Round Rock, Texas 78664 Telephone: (512) 341-3345 Fax: (512) 218-5548 Email: dbuzzell@roundrocktexas.gov 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: Tim Bargainer Director of Planning/Landscape Architecture 507 West Liberty Avenue Round Rock, TX 78664 Telephone: (512) 244-9620 Fax: (512) 244-9623 Email: tbargainer@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 progress in Landscape Architecture Services does not satisfy the Work Schedule, then City shall review same 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 progress of the Landscape Architecture Services, including but not limited to: (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 sixty (60) 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. 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. 6 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. By execution of this Contract and in confirmation of the fee for services to be paid hereunder, 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 hereunder. Copies may be retained by Consultant. Consultant shall be liable to City for any loss or damage to any 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 7 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 forin 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. 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. 8 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. 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 perfoi7n 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 OJ 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 arnount 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 Set -vices under this Contract. 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. 10 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 snake 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 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. 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. 11 (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: 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. 12 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. 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 13 Consultant: Tim Bargainer Director of Planning/Landscape Architecture 507 West Liberty Avenue Round Rock, TX 78664 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the Landscape Architecture Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Consultant shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Consultant's standard of performance as defined herein. Where damage is caused to City due to 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. (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. 14 (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 CITY OFR UNjD�,ROCK, TEXAS By: � ' I Alan NrcGraw, Mayor FOR CITY , ATTEST: By: Ka* Sara L. White, City Clerk FO4Stepphan P OV D AS TO FORM: By: heets,City Attorney BAKER / AICKLEN + ASSOCIATES By: Signature of Prr rcn p 1 Printed Name: ,V ,�2✓, p .S�iv►.a Title: V,cr Pn PO4--f" Date Signed: it/o„",,6N /91 Zo/2 15 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Landscape Architecture Services Exhibit C [intentionally omitted] (3) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 16 bakerlaicklen + associates landscape architects l planners l engineers i surveyors i GIS Project No.0601-2-XXX EXHIBIT A: SERVICES TO BE PERFORMED BY CITY A1.0 Design Studies and Design Criteria • As -built plans for existing facilities adjacent to this project, if available. • Existing geotechnical reports and data for existing facilities adjacent to this project, if available. • Utility information (plans, maps, etc.) both current and archived within the City of Round Rock, if available. A2.0 Public Involvement • Provide guidance on selecting appropriate stakeholders for public meeting(s). • Sponsor and conduct public meeting(s), may include but not be limited to: (2) Public input meetings and (1) City Council meeting. A3.0 Field Surveying and Photogrammetry Provide all available survey and photogrammetry) information to date. A4.0 Drainage • Provide available information and studies on existing drainage areas. • Provide hydraulic design criteria for project design. • Provide standard details and specifications as necessary to assist design consultant. A5.0 Miscellaneous • Provide direction necessary for aesthetic treatment of existing and proposed structures, amenities and landscaping. • Provide copies of all licensing agreements, utility agreements and other legal instruments related to the project. • Prepare and coordinate any required Licensing and/or Utility Agreements. • Pay all permit, review and application fees. TDLR review and inspection fee to be paid by Consultant as a reimbursable expense. • Provide any other pertinent information to assist design consultant. 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 1 of 9 bakerlaicklen + associates landscape architects j planners j engineers j surveyors I GIS Project No.0601-2-XXX EXHIBIT B: SCOPE OF CONSULTANT'S BASIC SERVICES B1. General Scope The purpose of the services proposed herein is to provide professional consulting services necessary for the development of this bathing beach project which encompasses the Chisholm Trail Crossing park area, the Bathing Beach area, the Round Rock and the Creekside Greenbelt area. It is the Consultants intent to work in effective cooperation with the City to achieve an efficient and acceptable implementation of the project. B1.1 Program Consultant shall provide services, as later described for, but not limited to, the following general program elements. • Historical & Educational Elements • Event Elements • Arts & Culture Elements • Elements to Encourage Development Revitalization Surrounding Site • General Park Use Elements B1.2 Development Budget Goal No proposed development budget has been established at this time. Total park development area is estimated to be approximately eleven (11) acres. The Consultant will generate and revise an opinion of probable construction costs (OPCC) throughout the project's design development but does not guarantee that proposals, bids, or actual Project cost will not vary from its opinion of probable construction costs (OPCC). B1.3 Scope of Basic Services Given the above stated general scope and program previously defined, The Consultant will provide the following scope of basic services. The consultant shall not perform the sewices wader this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. B1.4 Data Collection I Site Assessment The Consultant shall consolidate all available data and information into an overall project base map of existing conditions to be used throughout the design process. Necessary information may include, but is not limited to: • Current City and/or State ARC/GIS/AutoCAD data sets available for the entire project area. • Infrared/Aerial photography of entire project. • Existing and/or proposed site, transportation and utility infrastructure plans relevant to the site. • Construction and as -built plans (if available) in AutoCAD format for existing infrastructure related to the project site. • Existing geotechnical information. • Identification and research of historically significant sites and features • Development potential of surrounding sites (maximum building footprint based on zoning) 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 2 of 9 bakerjaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX The Consultant shall develop a digital photographic inventory of the existing project site and any critical issues potentially impacting the site, existing conditions, as well as serve as a visual reference for the design team. Upon completion of data collection, the Consultant shall conduct a preliminary site assessment walk with the City and design team to identify site opportunities and constraints as they relate to the design of the project. 131.5 Schematic Design I Public Input Process The Consultant shall support City staff members by facilitating a design charette and attending public meetings (maximum of two) so to garner input from public stakeholders, key user groups, public officials, and city staff in relation to the design and implementation of the project, as follows: • Preliminary floodplain I drainage investigation necessary to assess required design response. The investigation will include a basic study and analysis of existing floodplain and drainage information to evaluate the potential impacts on the project. • Assist City staff by attending publicly announced presentation and meeting to public stakeholders to present project and garner comments, desires, and concerns to be addressed in the design process. • Assist City staff by participating in schematic design charette to establish the general concept ideas prior to public input process. • The Consultant shall prepare up to a maximum of three (3) illustrative schematic design concepts resulting from public stakeholder feedback and to address areas specific to the opportunities for sculptural art scene concepts. • Assist City by attending publicly announced presentation to public stakeholders to present updated illustrative schematic design to garner additional feedback. • Attend Public Presentation(s) to City Council (maximum of two) of final Schematic Design response and Opinion of Probable Construction Costs (OPCC), and proposed schedule of remainder of project. • Assist City in development, issuance and review of Call for Entry's for artists as necessary to facilitate development of planned art within the park. 131.6 Construction Documentation I Regulatory Entitlement JPermitting Upon City's approval of the schematic design and the Consultants opinion of probable construction costs (OPCC), the Consultant will provide landscape architectural, engineering and survey services necessary to develop working drawings and technical specifications necessary to construct the work. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall: • Coordinate construction drawings and specifications with other consultants. • Prepare sixty percent (60%) construction drawings and opinion of probable construction costs (OPCC) including appropriate escalation factors and contingencies. Deliverables to City will be three (3) sets 11"x17" plans. • Review 60% construction drawings and OPCC with City. • Prepare ninety percent (90%) construction drawings and update. Deliverables to City will be three (3) sets 11"x17" plans and bound specification manuals. • Review 90% construction drawings and OPCC with City. 507 w, liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 3 of 9 bakerlaickien + associates landscape architects I planners I engineers I surveyors I GiS Project No.0601-2-XXX Prepare one hundred percent (100%) construction drawings, specifications, reports, permit applications, and other documents required for permitting and construction; update. Prepare a Water Pollution Abatement Plan (WPAP) for the first phase of the park development. Assist the City in filing the appropriate plans and documents to Texas Commission on Environmental Quality (TCEQ Edwards Aquifer Recharge Zone rules). Assist City in filing the appropriate plans and documents with jurisdictional and regulatory agencies. Deliverables to include: CORR (City of Round Rock) — three (3) sets 11 "x 17" plans and three (3) bound spec. manuals; CORR Floodplain Administrator — required number of plans and specifications; Georgetown Railroad - required number of plans and specifications ; Texas Department of Licensing and Regulation (TDLR) -- one (1) full size set 22"04" plans; and one (1) set of 11"x17" plans and (1) bound spec. manual for Consultant's use; Texas Commission on Environmental Quality —EARZ rules (7) bound WPAP Application (Ioriginal/4 copies-TCEQ, 1 - City, 1 -Consultant). Plans and specification manuals will also be available in digital PDF format for use by City. Review all modifications requested by jurisdictional and regulatory agencies with the City. Revise construction documents and drawings and submit to the appropriate agency(s) for final processing, approvals and permits as needed. (Note: All permit, application and review fees are to be paid by the City.) Opinions of Probable Construction Costs (OPCC) Opinions ofprobable construction costs provided by the Consultant are based on the Consultant's fandllario, nvith the construction industry and are provided only to assist the City's budget planning; such opinions shall not be construed to provide a guarantee or warranty of the actual construction costs at the time construction bids are solicited or construction contracts negotiated Unless expressly agreed in writing and signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the f arnishing of opinions of probable construction costs. B1.7 Bidding Consultant shall assist City during the bidding process. The Consultant shall: • Coordinate the schedule for bid advertising, pre-bid conference and bid opening. • Prepare and organize bid solicitation and proposal forms consistent with the City's requirements. • Arrange for distribution of the bid documents. • Attend and Assist with the pre-bid conference and document the proceedings. • Prepare and issue addenda. • Attend the bid opening • Review bids including alternates and formulate bid tabulation. • Provide written recommendation to City. • Assist with issuance of the Notice of Award and construction contract documents/agreement. 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 5121244-9623 Page 4 of 9 bakerlaicklen + associates landscape architects I planners I engineers J surveyors I GIS Project No.0601-2-XXX BIA 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 has not been established at this time. Consultant shall conduct bimonthly 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. Construction Observation shall include: • Attend and Assist with the pre -construction meeting. • Constructions observation — preparation and processing of Requests for Information, Change Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals and mock-ups (as required). • Conduct bimonthly progress meetings with City, design team and contractor on site. Consultant shall issue progress meeting minutes. • Review and approve contractor Applications for Payment. • Coordinate final inspection(s) and walk-tluv for substantial completion; issue punch list for incomplete items including time for completion. • Conduct final inspection for acceptance of project. • Acquire final close-out documents, warranties, accurate as -built drawings and other documents required to close-out project from the contractor. • Review and approve contractor's final Application(s) for Payment including retainage. • Assist City in scheduling TDLR inspection for accessibility. Inspection fee to be paid by City. Field changes, change directives, change orders or any other changes during 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. B2 Surveying Services The consultant shall not perform the services under this section unless the City issues a written Notice to Proceed (NTP) specifically for these services. Perform field work necessary to gather the requested data to verify existing topography. All data will be gathered electronically by the use of GPS, conventional, and digital levels as needed. Data to be collected will include: Existing edge of pavement within project area, drainage structures, surface utilities and generate a contour map of the area at 1 foot intervals (vertically), any appurtenances, structures and significant site elements. An Autocad drawing of the gathered information will be generated to a specified scale. 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 5 of 9 f bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIs Project No.0601.2-XXX B3 Electrical Engineering Design Services The consultant shall not peiform the services under this section unless the Cily issues a written Notice to Proceed (NTP) specifically for these services. Consultant will develop working drawings and technical specifications necessary to construct the work and may include, but not be limited to the following information: electrical load analysis, electrical site plan wiring diagram, and Comcheck energy run. The Consultant shall compliment drawings with specifications, which describe materials, systems and equipment, workmanship, quality and performance criteria required for the construction of the work. The Consultant shall coordinate utility needs with the City and utility service provider(s). The Consultant shall assist with bid RFI's and construction RFI's, submittal review and two site observations. 134 Alternate Services - Alternate services are services that maybe necessary as the project progresses and shall only be engaged by authorization of the Client as deemed necessary. 134.1 Floodplain and Watershed Analysis Conduct a drainage study to determine the impacts of proposed improvements to the existing floodplain within Brushy Creek watershed. Analysis will include survey necessary to verify channel topography, watershed analysis, floodplain modeling and delineation, and mitigation of potential impacts to adjacent properties based on proposed improvements. Report will accompany proposed construction plans for permitting. 135 Additional Services City shall provide the following information or services as required for performance of the work. The Consultant assumes no responsibility for the accuracy of such information for services and shall not be liable for error or omissions therein. Should the Consultant be required to provide services in obtaining or coordinating compilation of this information, such services shall be performed as Supplemental Services. Additional Services shall only be provided if previously authorized by the City. Additional Services may include, but not be limited to, the following: • USACE Nationwide permit 42 — Waters of the United States • Structural Engineering services • FEMA Conditional Letter of Map Revision (CLOMR) or Letter of Map Revision (LOMR) • Preparation of Phased bid package(s) with reduced scope of items defined herein. Including construction drawings and specifications. • Drainage Analysis and / or storm system design services (unless stated in Basic Services) • Traffic impact Analyses. • Bridge Design (other than pre-engineered structures). • Hazardous Site Assessments. • Land Acquisition services. • Easement acquisition or vacation including preparation of easement documents. • Preparation of multi -use agreement(s) and exhibits • Assistance or representation in litigation concerning the property of proposed project. • Services required after final acceptance of construction work. 507 w. liberty avenue round rock, texas 78664 phone. 512/244-9620 fax: 512/244-9623 Page 6 of 9 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.0601-2-XXX • Environmental study (i.e., Phase 1 Permit). • U.S. Fish and Wildlife Service: (Environmental Assessment Report). • Revisions to drawings previously approved by the City due to changes in: Project scope, budget, schedule, or when such revisions are inconsistent with written approvals or instructions previously given; enactment or revision codes, laws, or regulations subsequent to the preparation of such documents. • Preparation of presentation materials for marketing or purposes other than in -progress approvals. • Preparation of as -built drawings. • Public or other presentations beyond those described in Basic Services. • Provide consultation, drawings, reports and other work products related to permits, approvals and ordinances not described in Basic Services. • Providing professional services for the field selection of plant materials. • Design of on-site and off-site utility extensions beyond those described ill Basic Services. • Construction materials testing. • Providing services other than those outlined in Basic Services. EXHIBIT C: SCHEDULE 507 w. liberty avenue round rock, texas 78664 phone: 5121244-9620 fax: 5121244-9623 Page 7 of 9 [P x CO) w � LL t m m E m Z O A- 0. a O O O O a _N 0 00 0 0 0 0 0 o O O o OOOOOOCD N to o ori ui psi o 0 0 0 O ti t- N LO O O O Qtl- LO ce) M M r- 0 P� F- O'D (r O 6F} M 6f} 69� 69 00 C a_m.. O o G o o O O O o a o � 0 �� ��V)�m 0 6" 0 coo 6% 619, U) 7f O o d () O O o O CD CD o O O O O O y CD C3 ci C5 � 06 ID O O 69 to 6F} 69 69 69 c r L 0 61> 61), N O 0 o 0 q 0 6 0 0 0 w M I- 00 ti r- N'o 0 O F J Lo M M �q �- O o p0 ti "i co O (f} 69 } T- 69 M 69 69 00 6q 10 O J LA O 0 M � 00 e"o rn Lo w a O LO 00 O N ea J C: N N c w o � N (D a E N LoU c — O c U)i� O O lid a a ca U to N N o (D D O .� n v x O O 0 w W 0 � c (6 .(L> mc T N N O O J 0 a �n U m U a E cn v co F- co w O CN m m m m= m m m N Cl) » V to Cfl f- 00 z x -se �e Y Y -�c .x �t rb to H F-- ° H F- C) H IL F0• O O O O a _N 0 bakerlaicklen + associates landscape architects I planners I engineers I surveyors I GIS Project No.O601-2-XXX EXHIBIT E: CERTIFICATES OF INSURANCE (See attached) 507 w. liberty avenue round rock, texas 78664 phone: 512/244-9620 fax: 512/244-9623 Page 9 of 9 Client#: 162272 BAKERAIC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 10/29/2012 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NCO AME: T Debra Wylie USI Southwest PHONE 51 X (IUc Nc 2-651-4159 (n/c No): 512-467.0113 7600-B apo x. Hwy. #200 _ . , .... EMAIL Austin, Texas 75731 ADDRESS: E gGOECCCURRENCE PREMS N'Q,,ence$ INSURER(S) AFFORDING COVERAGE NAIC e INSURER A: Hudson Insurance Company 25054 INSURED Baker-Aicklen & Associates, Inc. INSURER B: 507 W. Liberty Avenue INSURER C Round Rock, TX 78664 INSURER D: INSURER E INSURER F MED EXP (Any one person) $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER SUSR MMIDDIYYYYY POLICY 1DDNYYY LIMITS Y GENERAL LIABILITY -EACH $ COMMERCIAL GENERAL LIABILITY E gGOECCCURRENCE PREMS N'Q,,ence$ CLAIMS -MADE F—I OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1-1 POLICY PERCOT- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per acddent),.__._,____-_ NON -OWNED HIREDAUTOS AUTOS S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ DED RETENTION $ WORKERS COMPENSATION WC STATU- TORYLIMITS OTH- IER AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? ❑ NIA E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ A Professional Liab AEE7262101 5/21/2012 0512112011 $2,000,000 per claim Claims Made Pol. Retro: 05/01/81 $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: City of Round Rock Bathing Beach Improvements Project. This Certificate is issued in respects to above referenced. 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. ERTIFICATE HOLDER City of Round Rock 301 Bagdad Round Rock, TX 78664 ACORD 25 (2010105) 1 of 1 #S8113806/M7272956 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 4q- ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BXNZP A�� CERTIFICATE OF LIABILITY INSURANCEFlo/29/2012 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brookshire Insurance Agency 1611 Granger Road Taylor TX 76574 CONTACTNAKaren Chandler PHONE (512) 352-6376 1 FAX(512)352 5502 IC Nok -NIHIL .karen@brookshireins.com PRODUCERCUSTOM RID p0001352 INSURERS AFFORDING COVERAGE NAIC# INSURED Baker-Aicklen & Associates Inc 507 W. Liberty Ave Round Rock TX 78664 INSURERA:The Travelers Lloyds Insurance 41262 INSURERB:The Charter Oak Fire Ins 25615 INSURERC:The Travelers Indemnity Company 5682 INSURER D :The Travelers IndemnitV Company 5666 INSURER E : INSURER F: GUVtKAUth CERTIFICATF Nl1MRFR7CL113900533 RPVIQInm IJI IMR>=D• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD BR POLICY NUMBER POLICY EFF M DDIYYYY POLICY EXP MWDDIYYYY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY Round Rock, TX 78664 R. Brent Kriegel/KDC R. �JtR�Lnr� EACH OCCURRENCE 5 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXIOCCUR PACPS922L731 /20/2011 3/20/2012 _ DAM AG T RENTED PREMISES Ea occurrence S 300,000 MED EXP (Any one arson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICYFX PRO LOC S B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS AB913L193 3/20/2011 3/20/2012 LIMIT S 1,000,000 (O COMBINED accident) BODILY INJURY (Perpereon) $ BODILY INJURY (Per accident) $ SCHEDULEDAUTOS HIRED AUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE HDEDUCTIBLE $ X RETENTION $ 10,000 KSMCUP8664Y98A /20/2011 /20/2012 $ D WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yyes describe under DESL�RIPTto OF OPERATIONS below N / A HUB -5671Y18 /20/2011 3/20/2012 WC STATU• I 0TH - TORY LIMITS ER EACH ACCIDENT $ 1,0,00-000 E.L. DISEASE - EA EMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Ref: City of Round Rock Bathing Beach Improvements Project CERTIFICATE HOLDER r AtJrr-I i ATInN AC ILIKU 25 (ZUU9/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2oosos) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 301 Bagdad AUTHORIZED REPRESENTATIVE Round Rock, TX 78664 R. Brent Kriegel/KDC R. �JtR�Lnr� AC ILIKU 25 (ZUU9/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025 (2oosos) The ACORD name and logo are registered marks of ACORD