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Res 2024-01-1588 Project Order with Huitt-Zollars for Design Services for Anna Crossing Park
CITY OF ANNA, TEXAS RESOLUTION NO. �2 O a 4 — 01 - 15 8 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PROFESSIONAL SERVICES PROJECT ORDER FOR DESIGN SERVICES RELATED TO ANNA CROSSING PARK BY HUITT-ZOLLARS. WHEREAS, the City Council of the City of Anna, Texas, ("City Council") finds that the professional services project order (PSPO) #PARKS1 with Huitt-Zollars is instrumental and necessary to the design of improvements at Anna Crossing Park; and WHEREAS, PSPO #PARKS1 amends Master Services Agreement 2021-2026 with Huitt-Zollars; and WHEREAS, the City Council considers park improvements at Anna Crossing Park to be beneficial to the neighbors of Anna, Texas, meeting several goals and objectives set forth in the Strategic Plan adopted by City Council; and WHEREAS, the City Council approves PSPO #PARKS1 to include the following fee: "The total amount for fiscal year 2023: $356,440." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the extension attached hereto as Exhibit 1 to execute a PSPO that amends Master Services Agreement 2021-2026 with Huitt-Zollars and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the PSPO with Huitt- Zollars. PASSED, APPROVED, AND ADOPTED on first and final reading on this 2311 day of January, 2024. HUITT HZ ZOLLARS EXHIBIT A January 17, 2024 Mr. Dalan Walker, RLA City of Anna, Park Planning & Development Manager 120 W. 7th Street Anna, Texas 75409 dawa Iker@annatexas.Qov Mr. Walker, Huitt-Zollars, Inc. is pleased to submit this proposal for Professional Landscape Architectural Services for Anna Crossing Park in Anna, Texas. This proposal is intended to provide park site research and data gathering, field investigation and visual park analysis, park master planning and illustrations, community, park board and city council meetings, topographic and boundary surveying, geotechnical investigation, schematic park design, design development and construction documentation services. Construction budget for Anna Crossing Park is $3 million dollars with an additional $1 million dollars in Phase 2 construction. Project master plan and construction documents will provide a phasing plan. Based on a meeting with the City of Anna Staff on January 5, 2024 concerning the Scope of Services - Exhibit A and the Master Agreement for Professional Services between the City of Anna, Texas and Huitt- Zollars 2021-2026 made as the 13th day of July 2021 made "Effective Date' for services described for Category F— Landscape Architecture & Park Planning, we propose the following: Fide] •lie] f14 39 [�I #+ 01. Basic Services —Anna Crossing Park— 28 Acres 1.01 Park Master Planning a. Research and gather information related to the neighborhood park including, but not limited to boundaries, aerial photography, topography, existing tree line and groupings, surrounding neighborhoods, new developments, zoning, existing and proposed roadways, existing and proposed utilities, schools, recreational, local commercial, trail networks and other connectivity opportunities. Data will be gathered and utilized to produce a base map for master planning the park. b. Visit the park site to gain an understanding of the site character, natural features, man- made features, neighborhood character, access and circulation, topography, microclimates and contemplate and discuss park activities and opportunities for activities that have possibilities within the park, i.e. trails, sport courts, shade pavilions, planned HURT-ZOUARS, INC. DALIAS OFFICE 0: 214.871.3311 5430 LBJ Freeway, Suite 1500, Dallas, TX 75240 huitl-zollcn.aom HUM HZ ZOLLARS and unplanned spaces, sport complexes, recreational centers, community gathering spaces. C. Begin the park design and master planning process. Produce drawings, illustrations and sketches to an approximate 50% level of completion. The January 5, 2024, team meeting discussed possible shade pavilions, picnic pavilions, existing pond cleanup, pond overlook area, hike & bike trails, pedestrian street crossings and neighborhood connectivity, nature viewing areas, active open space areas, passive open space areas, tree preservation, new landscape and possible land formation and berms. Plan phase 2 potential and outcomes described above. Meet with the Neighborhood Services team to review the 50% park master plan and receive additional design input and direction. Attend one community meeting, one park board meeting and one city council meeting to present and discuss the park master plan. Produce an initial opinion of probable cost based on the 50% park plan. d. After receiving design input and additional direction, continue the park master planning process. Produce the park master plan to an approximate 90% level of completion. Meet with Neighborhood Services team to review the 90% park master plan and receive final input and direction. Attend one community meeting, one park board meeting and one city council meeting to present and discuss the park master plan. Park master plan will be presented in full color. Review and update the opinion of probable cost based on the 90% park plan. e. Complete the park mastering planning process to a 100% level of completion. Complete the opinion of probable cost. Present the completed park master plan and opinion of probable cost to the Neighborhood Services team. Deliverables: Final park master plan and opinion of probable cost in CAD and PDF electronic format. 1.02 Park Schematic Design — 30% Completion a. Provide a schematic park design based upon the final and approved Anna Crossing Park master plan. b. Develop and prepare the schematic design plan set to convey the Anna Crossing Park improvements. Plan sheets shall be prepared on a 24"x36" plan sheet at a scale of 1"=40'- 0" maximum and include the following: Cover sheet with location map, sheet index, city council listings and signature blocks, key plan, quantity summary sheet, general notes, erosion control, erosion control details, site plans, dimensional control plans, grading plans, limited construction detail sheets, limited planting sheets and planting detail sheets. C. Develop phase 2 scenario - $1m as described above d. Attend a schematic park design review meeting with City staff to confirm project requirements, receive comments and design suggestions and approval to proceed to design development plans. e. Provide an updated opinion of probable cost. • Deliverables: Park schematic design plan set - 30% completion and updated opinion of probable cost in CAD and PDF electronic format. HUITf HZ ZOLLARS 1.03 Park Design Development —60%Completion a. Develop hardscape and landscape design development plans based on the approved schematic park design improvements and comments. Design Development plans will be to an approximate 60% level of completion and will include the following: Cover sheet with location map, sheet index, city council listings and signature blocks, updated key plan, updated quantity summary sheet, updated general notes, updated erosion control, erosion control details, updated site plans, updated dimensional control plans, updated grading plans, new and revised construction detail sheets, planting sheets, planting quantities and planting detail sheets. Design development plans will also convey the irrigation mainline and irrigation equipment needed for construction. b. Develop phase 2 scenario - $1m as described above C. Attend one design development review meeting to confirm project requirements, receive comments and design suggestions and receive approval to proceed to construction documentation. d. Provide a preliminary set of technical specifications. e. Provide an updated estimate of probable construction cost. • Deliverables: Design development plans and opinion of probable cost in CAD and PDF electronic format. 1.04 Park Construction Documentation —90%Completion a. Develop hardscape, landscape, irrigation plans, construction specifications and bidding document based on the approved design development plans. These plans will include structural and electrical design services as they relate to the hardscape and landscape improvements and this scope of work except for the pre -manufactured steel pavilions structural design plans and calculations (These shall be completed by the selected contractor, selected manufacturer and submitted to the City for review and approval before construction). These plans will the following: Cover sheet with location map, sheet index, city council listings and signature blocks, updated key plan, updated quantity summary sheet, updated general notes, updated erosion control, erosion control details, updated site plans, updated dimensional control plans, updated grading plans, updated construction detail sheets, updated planting sheets, updated planting quantities, updated planting detail sheets, irrigation design sheets, irrigation general notes, and irrigation detail sheets. Hardscape, landscape and irrigation details will be developed for features of the park development to a level adequate to communicate design intent to a selected contractor. b. Refine phase 2 scenario - $1m as described above C. Attend construction document review meetings at 90% completion to confirm project requirements and receive approval to finalize the construction documents for bidding. d. Provide an updated set of technical specifications. e. Provide a bidding document and bidding guidelines for construction of the park improvements. HUITT HZ ZOLLARS Provide an updated estimate of probable hardscape, landscape and irrigation construction cost. Deliverables: Construction documentation plans and opinion of probable cost in CAD and PDF electronic format. 1.05 Park Final Construction Documentation —100% Completion a. Develop final hardscape, landscape, irrigation plans, final construction specifications and final bid document based on the approved construction documents plans. These plans will include structural and electrical design services as they relate to the hardscape and landscape improvements and this scope of work except for the pre -manufactured steel pavilions structural design plans and calculations. These plans will include the following: Cover sheet with location map, sheet index, city council listings and signature blocks, key plan, updated and final quantity summary sheet, general notes, final erosion control, erosion control details, final site plans, final dimensional control plans, final grading plans, final construction detail sheets, final planting sheets, final planting quantities, final planting detail sheets, final irrigation design sheets, irrigation general notes, final irrigation detail sheets. Hardscape, landscape and irrigation details will be developed for features of the park development to a level adequate to communicate design intent to a selected contractor. b. Finalize phase 2 scenario - $1m as described above C. Provide a final set of technical specifications. d. Provide a final bidding document and bidding guideline for construction of the park improvements. e. Provide an updated and final estimate of probable hardscape, landscape and irrigation construction cost. f. Submit construction plans to TDLR or their approved representatives for project registration, ADA plan compliance review and project inspection. g. Submit construction plans and technical specifications to the Neighborhood Services Department. • Deliverables: 100% final construction documents, construction specifications, bid document and updated cost estimate in CAD and PDF electronic format. 02. Special Services — Anna Crossing Park — 28 acres 2.01 Topographic and Boundary Survey a. Control surveying will establish horizontal and vertical control tied to the Texas State Plane Coordinate System, North Central Texas Zone 4202, and will be located relative to adjoining projects that impact this design. Horizontal control will be established by a combination of GPS and conventional surveying methods. Vertical control will be established by a closed differential level loop tied to the nearest City of Anna Benchmark. HUITf HZ ZOLLARS b. Topographic surveying will obtain horizontal and vertical topographic information to be included on the survey base map and used for the preliminary design. Side street surveying for drainage and utility design will extend 50 feet beyond the existing right-of- way. Trees that are impacted by the design (trunk location) that are 4 inches in diameter or larger (measured 4 feet above the ground) will be located. Visible surface utilities will be located including valve box lids, fire hydrants, water meter lids, manhole lids, cleanout lids, inlets, vault lids, telephone pedestals, pad mounted transformers, and power poles. Measure downs on accessible valve boxes, manholes, vaults and inlets will be provided. Boreholes drilled by the geotechnical consultant will also be located. Measure downs will only be obtained for water, wastewater and storm facilities where accessible and obtainable. Excluded: measure downs to electric, gas, telephone, cable and other telecommunication manholes. C. A base map will be prepared from the topographic survey information obtained. The base map will include contours at one -foot intervals and critical spot elevations. Pipe sizes and flow -line measurements will be shown where applicable and obtainable. The base map layers and symbols will comply with City of Anna County standards. Deliverables: CAD files of completed survey. 2.02 Geotechnical Investigation Services a. The objective of this geotechnical investigation will be to obtain subsurface data and to develop foundation and earthwork recommendations for the proposed structures. All services provided will be performed in accordance with and limited to those generally accepted engineering standards prevailing at the time and in the area that the work is performed. Field Services Considering the size and layout of the proposed project, we propose that subsurface conditions be evaluated for this project with a total of ten (10) borings drilled across the project site. These borings will be advanced to depths of about 20 feet, or 10 feet into competent bedrock, whichever occurs first. The borings will be drilled and sampled using a truck -mounted drilling rig. Conventional tube or split- barrel (standard penetration test) samples will be collected as appropriate for the soils encountered. Bedrock strata will be tested in -place using the Texas Cone Penetration Test. The recovered subsurface samples will be preserved and labeled as to the appropriate boring number and depth in the field. These materials will later be described in further detail in the laboratory by a Senior Geologist or engineer. Groundwater, if observed, will be recorded during and at the completion of drilling. After final groundwater observations, the borings will be backfilled with the excavated cuttings. HUM HZ ZOLLARS Laboratory Services Selected laboratory testing of the recovered samples will be performed to evaluate soil index, volume change, and strength properties of the subsurface materials, and to provide data for analysis. These tests may include but may not be limited to the following: • Moisture content • Atterberg limits • Percent passing No. 200 mesh sieve • Unconfined compression tests (soil and bedrock) • Overburden swell tests • Soluble Sulfates Huitt-Zollars and its consultants - Geotex Engineering will retain recovered samples for 30 days after submission of the geotechnical report unless other arrangements are made by the client. Eneineering Analysis and Report Data obtained from the field investigation and laboratory tests will be presented in a geotechnical data report. Information to be provided includes the following: • A plan sheet indicating the approximate location of each boring • A log of each boring with the boring number, depth of each stratum, material description, soil classification with laboratory test results, and groundwater information • A discussion of subsurface soil and groundwater conditions • A brief discussion of the site geology. • Preliminary estimates of soil movement related to settlement and expansive soils. • Preliminary recommendations for foundation type, depth of allowable loading, uplift considerations, and Seismic Site Class (2018 IBC). • Preliminary earthwork recommendations, including material type(s), compaction, and backfill requirements. • Earthwork recommendations, including material type(s), compaction, and backfill requirements. • Electronic copy of the report. 03. Reimbursable Expenses • Expenses accrued through printing, deliveries, travel, long-distance calls or other out of pocket expenses shall be billed at cost +10%. • The City will pay all submittal fees, review fees and all other regulatory fees required for this project in advance of their need and in addition to the stated fees below. 04. 05. HUITT HZ ZOLLARS Assumptions & Exclusions The above scope of services is based on the following assumptions and exclusions. Any work not specifically included in the Scope of Services above is excluded. The following is a list of some of the items not included in the scope. These are meant to further clarify our agreement. Any changes to the scope of work or other unforeseen changes to the site plan or illustrations after the design is substantially complete will be considered additional services. • Entitlement services including title searches or reviews, preparation of preliminary plat, zoning applications, site plan, preliminary engineering, and final plat. • No easement dedications or research by separate instrument • Traffic counts, reports and studies. • Environmental services • SUE services • Design of Franchise Utilities (gas, electric, telephone, etc.) • Existing pond reclamation design, hydrology, hydraulics and civil related pond design • Storm drainage design • Floodplain reclamation plans or flood plain modeling. • FEMA permitting • Preparation of right-of-way and easement surveys and legal descriptions. • Pre -manufactured pavilion structural design plans • Construction observation, administration or management • Engineering & Off -Site Design — There are no improvements expected beyond this site as part of this project. Therefore, any on -site or off -site utilities, drainage, or road improvements beyond those not already covered by this agreement would be considered additional services. • Illustrative perspectives and/or plan renderings beyond those in the Basic Services. • The Client will provide all submittal fees, review fees and all other regulatory fees required for this project in advance of their need. These fees are not included in the quoted fees below. • Record drawings • Building and/or construction permits Client Provided Services • The Client shall provide any/all previous engineering, geotechnical and architectural base files required to provide services for this scope of work. 06. Proposed Schedule • Park Master Planning Services 8 weeks • Schematic Design Services 4 weeks • Design Development Services 8 weeks • Construction Documentation Services 12 weeks • Final Construction Documentation Services 4 weeks HUITT HZ ZOLLARS 07. Compensation Compensation by the CITY OF ANNA to the ENGINEER for all Basic Services enumerated in this Scope of Work will be based on the percentages of work complete for "Lump Sum" tasks or based on the actual cost times a multiplier in accordance with Exhibit 2 for "Hourly' tasks. The total amount will not exceed the estimated amounts without prior written authorization from the CITY OF ANNA. Description Fee Type Fee Basic Services Park Master Planning Services Lump Sum $ 63,010.00 Schematic Design Services Lump Sum $ 33,025.00 Design Development Services Lump Sum $ 54,025.00 Construction Documentation Services Lump Sum $ 99,050.00 Final Construction documentation Services Lump Sum $ 43,580.00 Subtotal Basic Services $ 292,690.00 Special Services Survey Services Lump Sum $ 48.500.00 Geotechnical Investigation Services Lump Sum $ 12.250.00 Subtotal Special Services $ 60,750.00 Reimbursable Budget $ 3,000.00 Total Landscape Architectural Services for: Anna Crossing Park $ 356,440.00 8 HUM HZ ZOLLARS Illustration A Anna Crossing Park Areas shown outlined in RED with GREEN shading on the above "Anna Crossing Park" map indicate the areas where this proposal intends to perform park master planning, meetings, schematic design, design development and construction documentation services for the City of Anna, Neighborhood Services. AUTHORIZATION: If this proposal is acceptable, please sign below and return one original to us as our notice to proceed. Attached you will find our current "Dallas 2023 Hourly Rate Schedule", which is made a part of this proposal and will apply for work performed on a time and materials basis. New rates may be posted each January. Sincerely, HUITT-ZOLLARS, INC. Chris Scott, PLA, ASLA Vice President Accepted for: CITY OF ANNA, TEXAS or Approved: Name: / d h Title: C 1 s.►rry Date: �� I+ 11TTAl ItAiv) Dallas/Fort Worth Office 2023 HOURLY RATE SHEET Engineering/Architecture Interior Design Principal $310.00 Sr. Interior Designer $ 155.00 Sr. Project Manager $285.00 Interior Designer $ 125.00 QA Manager $250.00 Interior Designer $ 100.00 Design Principal $310.00 Sr. Structural Engineer $270.00 Survey Project Manager $240.00 Sr. Civil Engineer $250.00 Survey Manager $240.00 Sr. Mechanical Engineer $250.00 Sr. Project Surveyor $200.00 Sr. Electrical Engineer $250.00 Project Surveyor $150.00 Civil Engineer $180.00 Sr. Survey Technician $130.00 Structural Engineer $195.00 Survey Technician $120.00 Mechanical Engineer $180.00 Electrical Engineer $180.00 Survey Crews Plumbing Engineer $180.00 EIT $150.00 1-Person Survey Crew $120.00 Sr. Architect $250.00 2-Person Survey Crew $180.00 Sr. NL Architectural Staff $170.00 3-Person Survey Crew $205.00 Architect $165.00 Architect Intern 1 $100.00 Construction Architect Intem 2 $115.00 Architect Intem 3 $145.00 Construction Manager $200.00 Sr. Landscape Architect $195.00 Resident Engineer $155.00 Landscape Architect $155.00 Sr. Resident Project Representative $200.00 Landscape Architect Intern $115.00 Resident Project Representative $140.00 Sr. Planner $300.00 Sr. Construction Inspector $130.00 Planner $165.00 Planner Intern $130.00 Administrative Sr. Sustainability Professional $175.00 Sustainability Professional $145.00 Sr. Project Support $115.00 Sr. Designer $175.00 Project Support $100.00 Designer $140.00 Sr. CADD Technician $160.00 Reimbursable Expenses CADD Technician $110.00 Consultants Cost + 10% Other Direct Costs Cost + 10% Mileage IRS standard Business Mileage Rate EXHIBIT 1 Professional Service Project Order #PARKS1 Pursuant to and subject to the referenced Master Agreement for Professional Services (Master PSA), between the City and Firm, City hereby requests that Firm perform, and Firm agrees to perform, the work described below upon the terms and conditions setforth in said Master PSA, which are incorporated herein by reference for all purposes, and in this Professional Service Project Order (PSPO). MPSA# MASTER PSA CATEGORY: F-Landscape Architecture and 2021-2026 Park Planning ANNA PROJECT CODE: FIRM NAME Huitt-Zollars Project Name: Anna Crossing Park Design # Of Consecutive Business Days to Complete Project: 270 Original Project Fee: $356,440 OWNER OPTIONAL INFORMATION: 1. Date and Time to Commence: Upon Receipt of Signed Professional Services Project Order, City's Purchase Order and Notice to Proceed 2. Other: Architectural Barrier Requirements: Yes X No _ INVOICE SUBMITTAL Billing Period: Monthly -Through the end of each month, billed by the 10th of the following month. Mail to: Attn: Dalan Walker City of Anna Neighborhood Services 120 W 7th St Anna, TX 75409 Include work order number, PO number, billing period, and project Invoice Mailing Instructions: name. Master PSA# 2021-2026 1 PSPO# PARKSI Documents: The PSPO DOCUMENTS as that term is used herein, shall mean and include the following documents, and expressly incorporates the following by reference for all purposes. A. Master Agreement for Professional Services 2021-2026 effective July 13, 2021; and B. This Professional Services Project Order (PSPO) # PARKS1; and C. Scope of Services -Proposal to the City of Anna (Exhibit A). This PSPO shall incorporate the terms of all the documents in their entirety. To the extent that there are any conflicts with provisions of the Master PSA, this PSPO or each other, the provisions of the Master PSA, then the provisions of this PSPO shall prevail in that order. Scope of Services: Reference Proposal attached hereto as Exhibit A. Schedule of Work and Completion Deadline(s): Work will take approximately 9 months. Acceptance: The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. CITY OF ANN , TEXAS Sigh ure Ryan Henderson - City Manager Printed Name & Title 411atl'oyt1 HUITT-ZOLLARS Chris Scott — Vice President Printed Name & Title 01-17-2024 Date Master PSA# 2021-2026 PSPO#PARKS1 MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ANNA, TEXAS, AND HUITT-ZOLLARS 2021-2026 Made as of the 13th day of July 20 21 ("Effective Date") Between the City: The City of Anna, Texas 101 S. Powell Parkway Anna, Texas 75409 Telephone: (972) 924-3325 and the Finn: HUITT ZOLLARS 5430 LBJ FREEWAY SUITE 1500 DALLAS, TX 75240 for the following Project: Master Agreement for Category F - Landscape Architecture & Park Planning THIS MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into by and between the City of Anna, Texas, a home -rule municipality ("C'), and HIJITT-ZOLLARS [F - Landscape Architecture & Park Planning] ("Firm"), to be effective from and after the date as provided above. City and Firm are at times each referred to herein as a " g " or collectively as the "parties." WHEREAS, the City desires to engage the services of the Finn to provide professional services as describe for Category F - Landscape Architecture & Park Planning on an on -call basis ("Proiect"); and WHEREAS, the Firm desires to render such professional services for the City upon the terms and conditions provided herein. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, for the mutual benefits to be obtained hereby and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 FIRM'S SERVICES 1.1 Engagement of the Firm — At City's request and in City's sole discretion, City is entitled to engage Firm from time to time to perform professional services in accordance with the terms and conditions of this Agreement ("Services"). Firm agrees to perform such Services in accordance with the terms and conditions of this Agreement and with any individual written Project Order issued pursuant to Article 1.2 hereof. City reserves the right, in its sole discretion, to hire other firms or Firms for any reason and for any purpose. If any employee of Firm, who is performing the day -today Services under this Agreement, is separated, for any reason, from employment with Firm, Firm shall provide City with written City of Anna, Texas — Master Professional Services Agreement Page 1 Category F - Landscape Architecture & Park Planning 3199870 notice thereof at least five (5) business days' prior to said separation unless circumstances reasonably warrant a shorter notice period, which shall not exceed two (2) business days following the separation. 1.2 Scope of Services — The Services to be provided by Firm to City shall be as mutually agreed to in a separate written Project Order, in the format as stated in Exhibit A, executed by City and Firm ("Scope of Services"). Whenever used in this Agreement, the term Services shall mean those services specified in this Agreement and in a Project Order issued pursuant to this Agreement and all related work. Each Project Order shall include, directly or by reference, appropriate cost and pricing data and such other documentation as required by the City. Each Project Order shall be subject to and integrated into this Agreement, and the terms of this Agreement are incorporated into and made a part of each Project Order by reference to this Agreement. All Services within the Scope of Services shall be performed by the employees of Firm or Firm's officers, employees, agents, representatives, sub -contractors or sub -Firms unless otherwise provided in a Project Order. Firm shall be wholly and solely responsible for any Services or subcontracted Services provided by any officer, employee, agent, representative, sub- contractors or sub -Firms of Firm (collectively, "Firm's Personnel"). If at any time after entering into this Agreement, City has any objection to Firm's representative or to any of Firm's Personnel, or any objection to any personnel of sub -Firm retained by Firm and assigned to perform the Services, Firm shall promptly propose substitutes to whom City has no objection. The parties understand and agree that deviations or modifications to the Scope of Services, in the form of written change orders, may be authorized from time to time by City ("Change Order(s)"). 1.2.1 Requirement of Written Change Order — "Extra" work, or "claims" invoiced as "extra" work, or "claims" that have not been issued as a duly executed, written Project Order or Change Order issued by the Anna City Manager, will not be authorized for payment and/or shall not become part of the subcontracts. A duly executed written Change Order shall be preceded by the Anna City Council's authorization for the Anna City Manager to execute said Change Order. 1.2.2 FIRM SHALL NOT PERFORM ANY "EXTRA" WORK AND/OR ADDITIONAL SERVICES WITHOUT A DULY EXECUTED WRITTEN CHANGE ORDER ISSUED BY THE ANNA CITY MANAGER. Finn acknowledges that Project Managers, Superintendents, and/or Inspectors of the City are not authorized to Issue verbal or written change orders. 1.3 Schedule of Work — Firm agrees to commence work immediately upon the execution of a Project Order, and to proceed diligently with said work to completion as described in such Project Order. 1.4 Standard of Care — Firm shall perform the Services required hereunder: (1) with the professional skill and care ordinarily provided by competent professionals practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent professional under the same professional license. City of Anna, Texas — Master Professional Services Agreement Page 2 Category F - Landscape Architecture & Park Planning 3199870 1.5 Term — The term of this Agreement shall begin on the Effective Date and shall continue until 8/1/2021 - 9/30/2026 , unless sooner terminated as provided herein. 1.6 Subcontracted Services — When necessary, subcontracted services shall be procured by Firm in connection with the Services provided pursuant to this Agreement, subject to City's prior written consent. Firm shall issue subcontracts for such subcontracted services in Firm's own name. Firm shall be compensated for subcontracted services for the actual amount invoiced by the subcontractor. Except as set forth in this Agreement, neither Firm nor City may assign, sublet, transfer, or otherwise convey (together, an "Assignment"), and neither Firm nor City has the power to enter into an Assignment of any or all of the rights, duties and obligations or interest in this Agreement without the prior written consent of the other party. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the assignor from any duty or responsibility under this Agreement. ARTICLE 2 THE CITY'S RESPONSIBILITIES City shall use reasonable efforts to not delay the Services of Firm as follows: 2.1 Project Data —The City shall furnish information that is reasonably requested by Firm and That City has in its possession at the time of Firm's request as expeditiously as necessary for the orderly progress of the Services, and Firm shall be entitled to rely upon the accuracy and completeness of the information furnished by City under this Article 2.1. 2.2 City Project Manager — The City shall designate, when necessary, a representative authorized to act on City's behalf with respect to the Services ("Proiect Manager"). City, or the authorized Project Manager, shall on an as -needed basis, issue Project Orders to Firm in accordance with the Scope of Services, in the format as stated in Exhibit A. City, or the authorized Project Manager shall examine the documents submitted by Firm and shall render any required decisions pertaining thereto as soon as practicable to avoid unreasonable delay in the progress of Firm's Services. Firm understands and agrees that the Project Manager and his or her authorized designee are not authorized to issue verbal or written Change Orders for "extra" work or "claims" invoiced as "extra" work. ARTICLE 3 FIRM'S COMPENSATION 3.1 Compensation for Firm's Services — Compensation by the City to Firm for Services shall be on a fixed fee or a time and materials basis as specified in the applicable Professional Services Project Order ("Firm's Fee"). All time shall be billed at Firm's labor billing rates agreed upon by City. Said rates shall only be adjusted in writing as may be agreed to between the Parties. 3.1.1 Completion of Record Documents — City and Firm agree that the completion of any Record Documents and/or "As -Built" Documents, including hard copy formatting and electronic formatting, shall be completed, submitted to, and City of Anna, Texas — Master Professional Services Agreement Page 3 Category F - Landscape Architecture & Park Planning 3199870 accepted by the City prior to payment of the final five percent (5%) of the Firm's Fee, unless expressly stated otherwise in the applicable Project Order. The electronic formatting shall be consistent with the standards established in Exhibit D, City of Anna Guidelines for Computer Aided Design and Drafting ("CADD"). Completion of the Record Documents and/or "As -Built" documents shall be included in the Firm's Fee and considered to be within the Scope of Services defined under this Agreement. 3.1.2 Disputes between City and Construction Contractor — If the Scope of Services involves the Firm performing Construction Administration Services relating to an agreement between a Construction Contractor (the "Contractor") and the City, and upon receipt of a written request by City, Finn shall research previous and existing conditions of the Services, and make a determination whether or not to certify that sufficient cause exists for the City to declare the Contractor in default of the terms and conditions of the agreement. Firm shall submit his findings in writing to the City, or submit a written request for a specific extension of time (including the basis for such extension), within fifteen (15) calendar days of receipt of the written request from the City. City and Firm agree that if requested by the City, completion of this task shall be included in the Firm's Fee and considered to be within the Scope of Services as defined under this Agreement. 3.1.3 Consultation and Approval by Governmental Authorities and Franchised Utilities — Firm shall be responsible for Identifying and analyzing the requirements of governmental agencies and all franchise utilities involved with the Scope of Services, and to participate in consultation with said agencies in order to obtain all necessary approvals and/or permissions. The Firm shall be responsible for preparation and timely submittal of documents required for review, approval, and/or recording by such agencies. The Firm shall be responsible for making such changes in the Construction Documents as may be required by existing written standards promulgated by such agencies at no additional charge to City. 3.1.4 Substantial Compliance with Architectural Barriers Act — Should the Scope of Services fall within the regulatory requirements of the Texas Architectural Barriers Act (the "Barriers Act"), as solely determined by the City, Firm shall comply with the Barriers Act. As part of the Scope of Services, it is the sole responsibility of the Firm to identify and analyze the requirements of the Barriers Act and to become familiar with the governmental authorities having jurisdiction to approve Firm's design and/or construction Services. Firm shall participate in consultations with said authorities in order to obtain approval for such design and/or construction. As part of the Services, the Firm shall obtain the Notice of Substantial Compliance for the Services from the Texas Department of Licensing and Regulation (the "TDLR"). The Firm shall, without additional compensation, immediately correct any errors, omissions, or deficiencies in the design services and/or construction documents identified by TDLR and/or a Registered Accessibility Specialist ("RAS") at any phase of the Services, either by review of the construction documents, or inspection of the design at the commencement of construction, during the construction of the work, or at the completion of construction. City of Anna, Texas — Master Professional Services Agreement Page 4 Category F - Landscape Architecture & Park Planning 3199870 3.1.4.1 Submission of Construction Documents to TDLR — The Firm shall mail, ship, or hand -deliver the construction documents to TDLR not later than five (5) calendar days after the Firm issues the construction documents for the work. 3.1.4.2 Completion of Registration Form to TDLR — Firm shall complete an Elimination of Barriers Project Registration Form for each subject building or facility within the Scope of Services, and submit the registration form(s) along with the applicable fees not later than fourteen (14) calendar days after the Firm completes the submittal of the construction documents to TDLR. 3.1.4.3 TDLR Approval of Construction Documents — After review of the construction documents by TDLR, the Firm shall be notified in writing of the results; however, it is the Firm's responsibility to obtain TDLR's written comments. The Firm shall address all comments that prevent TDLR approval of the construction documents, including comments relating to Conditional Approval that must be addressed in the design and construction of the work. Firm shall resubmit construction documents to TDLR for review prior to the commencement of construction of the work. 3.1.4.4 TDLR Protect Inspection — Firm shall request an inspection from TDLR or a TDLR locally approved RAS no later than thirty (30) calendar days after the completion of construction of the work. The Firm shall advise the City in writing of the results of each inspection. City reserves the right to verify the written results with TDLR at any time during design, construction, or at the completion of the work. 3.1.4.5 Corrective Modifications following TDLR Protect Inspection When corrective modifications to achieve substantial compliance are required, the TDLR inspector or the RAS shall provide the Firm a list of deficiencies and a deadline for completing the modifications. Firm shall provide the City with this list within five (5) calendar days of receipt. It is the sole responsibility of the Firm to completely address the deficiencies by the stated deadline or to obtain a written notice of extension from the TDLR. When the corrective measures have been completed, Firm shall provide the TDLR (and/or the RAS who completed the inspection) and the City with written verification of the corrective measures completed. 3.1.4.6 TDLR Notice of Substantial Compliance — TDLR shall provide a Notice of Substantial Compliance to the City after the newly constructed work has had a satisfactory inspection, or Firm has submitted verification of corrective modifications. City and Firm agree that the final five percent (5%) of Firm's Fee, unless expressly stated otherwise in a Project Order, shall not be paid until the City is In receipt of the TDLR's Notice of Substantial Compliance for all components and/or phases of the work. City of Anna, Texas — Master Professional Services Agreement Page 5 Category F - Landscape Architec hm & Park Planning 3199870 3.2 Direct Expenses — Direct Expenses are included in the Firm's Fee as described in Article 3.1 and include actual reasonable and necessary expenditures made by the Firm and the Firm's Personnel in connection with the Services. All submitted Direct Expenses are to be within the amounts as set forth in the applicable Project Order, and consistent with Exhibit E, City of Anna Guidelines for Direct Expenses, General and Administrative Markup, and Travel and Subsistence Expenses. The Firm shall be solely responsible for the auditing of all Direct Expenses prior to submitting to the City for reimbursement, and shall be responsible for the accuracy thereof. Any over -payment by the City for errors in submittals for reimbursement may be deducted from the Firm's subsequent payment for Services; provided, however this shall not be the City's sole and exclusive remedy for said overpayment. 3.3 Invo_ices, — No payment to Firm shall be made until Firm tenders an invoice to the City. Invoices are to be submitted to City immediately upon completion work as set forth in the applicable Project Order. On all submitted invoices, Firm shall include appropriate background materials and sufficient detail for the City to verify the Services performed and Direct Expenses incurred in support of the submitted charges on said invoice. Such background material shall include employee timesheets, invoices for work obtained from other parties, and receipts and/or log information relating to Direct Expenses. Each invoice shall constitute a representation of the Firm that the proportion of the Services has been fully performed in accordance with this Agreement, that the Direct Expenses have been actually incurred and that payment of the indicated amount has been earned by, and Is properly due and payable to, the Firm in accordance with this Agreement. Notwithstanding the presentation of any invoice to the City, the amount reflected thereon shall be due and payable to the Firm only to the extent earned by the Firm in accordance with the terms of this Agreement. All invoices for payment shall provide a summary methodology for administrative markup and/or overhead charges. 3.4 Timina of Payment — City shall make payment to Firm for said invoices within thirty (30) days following receipt and acceptance thereof. The parties agree that payment by City to Firm is considered to be complete upon mailing of payment by City. Furthermore, the parties agree that the payment is considered to be made and mailed on the date that the payment is postmarked. If the City makes any payment by electronic means, the payment is considered to be made on the date that the City requests and authorizes the payment to be made. 3.5 Disputed Payment Procedures — In the event of a disputed or contested invoice by City, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. City shall notify Firm of a disputed invoice, or portion of an invoice, in writing by the twenty-first (21 0) calendar day after the date the City receives the invoice. The written notice shall include a detailed statement of the amount of the invoice which is disputed and the City shall provide Firm an opportunity to cure the basis of the dispute. If a dispute is resolved in favor of the Firm, City shall proceed to process said invoice, or the disputed portion of the invoice, within the provisions of Article 3.4. If a dispute is resolved in favor of the City, Firm shall submit to City a corrected invoice, reflecting any and all payment(s) of the undisputed amounts, documenting the credited amounts, and identifying outstanding amounts on said invoice to aid City in processing payment for the remaining balance. Such revised invoice shall have a new invoice number, clearly City of Anna, Texas — Master Professional Services Agreement Page 6 Category F - Landscape Architecture & Park Planning 3188870 referencing the previous submitted invoice. City agrees to exercise reasonableness in contesting any invoice or portion thereof that has background materials supporting the submitted charges. 3.6 Failure to Pay — Failure of the City to pay an invoice, for a reason other than upon written notification as stated in the provisions of Article 3.5 to the shall grant the Firm the right, in addition to any and all other rights provided, to, upon written notice to the City, suspend performance under this Agreement, and such act or acts shall not be deemed a breach of this Agreement. However, Firm shall not suspend performance under this Agreement prior to the tenth (1001) calendar day after the Firm gives written notice of suspension to the City, in accordance with Chapter 2251, Subchapter "D" of the Texas Government Code. The City shall not be required to pay any invoice submitted by the Firm If the Firm is in breach of any provision(s) of this Agreement. 3.7 Adiusted Compensation — If the Scope of Services or if the Firm's Services are materially changed due to no error on behalf of Firm in the performance of Services under this Agreement, the amounts of the Firm's compensation shall be equitably adjusted as approved by City. Any additional amounts paid to the Firm as a result of any material change to the Scope of the Services shall be authorized by written change order duly executed by both parties before the services are performed. 3.8 Project Order Suspension — If the Firm's work is suspended or abandoned in whole or in part for more than three (3) months for reasons that are not wholly or partially the Firm's fault, Firm shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Firm shall deliver to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any other items prepared by Firm in connection with this Agreement prior to Firm receiving final payment. If the work Is resumed after being suspended for more than three (3) months, the Firm's compensation shall be equitably adjusted as approved by the City. Any additional amounts paid to the Firm after the work is resumed shall be agreed upon in writing by both parties before the services are performed. ARTICLE 4 OWNERSHIP OF DOCUMENTS 4.1 Documents Property of the City, -- The Firm's work in connection with the Services is the property of the City, and Firm may not use the documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any materials for any other purpose not relating to the Services without City's prior written consent. City shall be furnished with such reproductions of the plans, data, documents, maps, and any other information as defined in the applicable Project Order. Upon completion of the work, or any earlier termination of this Agreement under Article 3 and/or Article 7, Firm will revise plans, data, documents, maps, and any other information as defined in the applicable Project Order to reflect changes while performing the Services and promptly furnish the same to the City in an acceptable electronic or other format. All such reproductions shall be the property of the City who may use them without the Firm's permission for any City of Anna, Texas — Master Professional Services Agreement Page 7 Category F - Landscape Architecture & Park Planning 3199870 purpose relating to the Services, including, but not limited to, completion of the Services, and/or additions, alterations, modifications, and/or revisions to the Services. 4.1.1 Work for Hire —The agreements and obligations set forth In this Article 4.1.1 are supported by the mutual considerations and covenants set forth in this Agreement and also by consideration of the payment of $10.00 by the City to Firm, and other good and valuable consideration, the payment and sufficiency of which is hereby acknowledged. 4.1.1.1 The tern "Work" as used in this Section 4.1.1 means the materials created by Firm as part or in furtherance of the Services including without limitation any and all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, assessments, memorandums, appraisals and/or any other materials or copies thereof in any reproducible, tangible, or electronic form or medium. The Work conceived, or originated by Firm or others for the Firm, or on behalf of the Finn, or performed in connection with the Services is and will be of original development by Firm and are to be considered works made for hire as that term is defined in the Copyright Act (17 U.S.C. §101) and shall be the sole and exclusive property of the City, without any consideration paid to Firm beyond that set forth under this Agreement. All rights of Firm with respect to all designs and copyrights, trademarks, trade names, and other proprietary rights relating to the Work are by this Agreement assigned to the City. Firm agrees to promptly support and give all reasonable assistance to enable the City to prepare, file and prosecute any United States or foreign application for all types of design trademark or copyright registrations related to the Work that the City deems appropriate, and Firm will execute all appropriate documents and assignments for such. The City shall have the sole right to determine the treatment of information received from Firm, including but limited to the right to keep the same as a trade secret, to use, disclose, and publish the same with or without prior copyright registration and to file, license or share the same in its own name or the name of an affiliate or to follow any other procedure that the City may deem appropriate. 4.1.1.2 To the extent that any material produced under this Agreement may not be considered works made for hire, or to the extent that Article 4.1.1 or any portion thereof is declared invalid either in substance or purpose, in whole or in part, Firm agrees to irrevocably transfer, grant, convey, assign, and relinquish exclusively to the City all of Firm's right, title, and interest, including ownership of copyright and patent rights, to any material developed by Firm under this Agreement, without the necessity of further consideration. Firm shall have no right to disclose or use any of the Work for any purpose whatsoever except as expressly set forth in this Agreement. Further, the rights conveyed by this instrument include the right and authority of the City, at its expense, to make timely application for the renewal and extension of any copyright of the Work as allowed by the laws now or later in force in the United States and in any other country. Firm irrevocably constitutes and appoints the City "attorney In fact" to apply for renewal within one year before the expiration of the initial copyright term, City of Anna, Texas — Master Professional services Agreement Page 8 Category F - Landscape Architecture & Park Planning 3199870 and covenants to execute any further instruments that may be necessary to perfect the City's full enjoyment of the renewal right. 4.1.1.3 No rights or licenses, expressed or implied, in any other work or other information is granted to Firm by this agreement, and no license, partnership, or assignment of any right, title, or interest is created, granted or implied by the City under this Agreement. 4.1.1.4 Furthermore, Firm acknowledges and agrees that the Work —to the extent permitted by applicable law —is confidential and proprietary trade secret information of the City, and of substantial value to the City. Firm agrees that it will not use the Work in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement. Firm also agrees not to disclose to any third party any part of the Work except as is necessary to perform the Services. Finn will take reasonable precautions at least as stringent as it takes to protect its own most highly confidential and proprietary information to protect the confidentiality of the Work. Firm's breach of this obligation will result in irreparable and continuing damage to the City for which there will be no adequate remedy at law, entitling the City to injunctive relief and a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate). 4.1.1.5 Firm affirms that the Work is original, that all statements asserted as facts are based on careful investigation and research for accuracy, that the Work does not, in whole or part, infringe any copyright or violate any right or privacy or other personal or property right whatsoever, that it has not been published or used in total or in part and is not being submitted or considered for publication or use in total or in part elsewhere, and that Firm has full power and authority to enter into this Agreement and to make the grants and transfers contained herein. Subject to any limitations stated in Article 10 of this Agreement, Firm will indemnify, and hold harmless the City, its officials, officers, agents, representatives and anyone directly or indirectly employed by it against damages, losses, and expenses, including attorney's fees and related expenses, arising out of infringement of any rights during or after completion of the Work, and will defend all claims in connection with any alleged infringement of those rights utilizing legal counsel approved by the City. 4.1.1.6 The obligations imposed by this Article 4.1.1 shall remain In effect indefinitely and shall survive any termination or expiration of the Agreement, whether by expiration of time, operation of law or otherwise. 4.2 Documents Subject to Laws Regarding Public Disclosure — Firm acknowledges that City is a governmental entity and that all documents, plans, data, studies, surveys, drawings, maps, models, reports, photographs, and/or any items prepared or furnished by Firm (and Firm's Personnel) under this Agreement are property of the City and upon completion of the Services shall thereafter be subject to the Texas Public Information Act City of Anna, Texas — Master Professional Services Agreement Page 9 Category F - Landscape Architecture & Park Planning 3199870 (Texas Government Code, Chapter 552) the ("PIA") and exceptions to the PIA and any other applicable laws requiring public disclosure of the information contained in said items. ARTICLE 5 FIRM'S INSURANCE REQUIREMENTS 5.1 Required General Liability Insurance — Consistent with the terms and provisions of Exhibit F, City of Anna Contractor Insurance Requirements, Firm shall maintain, at no expense to City, a general liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its past, present and future officials, officers, agents, representatives, and employees as additional insureds as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation or non -renewal of any policies. In the event that there is a material modification to such policy, Firm shall provide written notice of such modification to City at least thirty (30) days prior to such material modification. Firm shall furnish City with certificates evidencing such coverage prior to commencing work on the Services. 5.2 Required Professional Liability Insurance — Consistent with the terms and provisions of Exhibit F, City of Anna Contractor Insurance Requirements, Firm shall maintain, at no expense to City, a professional liability (errors and omissions) insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount not less than One Million and 00/100 Dollars ($1,000,000.00) for each occurrence, and Two Million and 00/100 Dollars ($2,000,000.00) in the aggregate. Such policy shall name the City, its past, present and future officials, officers, agents, representatives, and employees as additional insureds as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to cancellation or non -renewal of any policies. In the event that there is a material modification to such policy, Firm shall provide written notice of such modification to City at least thirty (30) days prior to such material modification. Firm shall furnish City with certificates evidencing such coverage prior to commencing work on the Services. 5.3 Required Workers Compensation insurance — Consistent with the terms and provisions of Exhibit F, City of Anna Contractor Insurance Requirements, Finn shall maintain, at no expense to City, all Statutory Workers Compensation Insurance as required by the laws of the State of Texas. Such insurance policy shall be with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent service(s), and authorized to transact business in the State of Texas. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to City at least thirty (30) days prior to City of Anna, Texas — Master Professional Services Agreement Page 10 Category F - Landscape Architecture & Park Planning 3199870 cancellation, non -renewal, or material modification of any policies. Firm shall furnish City with certificates evidencing such coverage prior to commencing work on the Services. 5.4 Required Umbrella Coverage or Excess Liability Coverage — Firm shall maintain, at no expense to the City, an umbrella coverage or excess liability coverage insurance policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit such policy shall name the City, its past, present and future officials, officers, agents, representatives, and employees as additional insureds as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non -renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Firm shall furnish City with certificates evidencing such coverage prior to commencing work on the Services. 5.5 Circumstances Requiring Explosion, Collapse, Underground Property Coverage — If the Scope of Services warrant, and if identified on the checklist located in Exhibit F. City of Anna Contractor Insurance Requirements, Firm shall maintain, at no expense to the City, an explosion, collapse, underground coverage policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas, in an amount of Two Million and 00/100 Dollars ($2,000,000.00). Consistent with the terms and provisions of Exhibit such policy shall name the City, its past, present and future officials, officers, agents, representatives, and employees as additional insureds as to all applicable coverage. Such policy shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent that the same is covered by the proceeds of the insurance. Such policy shall require the provision of written notice to the City at least thirty (30) days prior to cancellation, non -renewal, or material modification of any policies, evidenced by return receipt or United States Certified Mail. Finn shall furnish City with certificates evidencing such coverage prior to commencing work on the Services. ARTICLE 6 FIRM'S ACCOUNTING RECORDS Records of Direct Expenses and expenses pertaining to work performed in conjunction with the Services shall be kept on the basis of generally accepted accounting principles. Invoices will be sent to the City as indicated in Article 3. Copies of employee time sheets, receipts for direct expense items and other records of expenses will be included in the monthly invoices. ARTICLE 7 AUDITS AND RECORDS / COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS AND CITY CHARTER The Firm agrees that at any time during normal business hours and as often as the City may deem necessary, Firm shall make available to representatives of the City for examination all of its records with respect to all matters covered by this Agreement, and will permit such City of Anna, Texas — Master Professional Services Agreement Page 11 Category F - Landscape Architecture & Park Planning 3199870 representatives of the City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, and for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. The Firm agrees that it is aware of the Compliance with Federal, State, Local Laws and City Charter requirements as set forth in Exhibit G, and is in compliance therewith. Firm agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Firm shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit H and incorporated herein for all purposes. ARTICLE 8 TERMINATION OF AGREEMENT / REMEDIES City may, upon thirty (30) days written notice to Firm, terminate this Agreement or any individual Project Order, for any reason or no reason at all, before the termination date hereof, and without prejudice to any other remedy it may have. If City terminates this Agreement or a Project Order due to a default of and/or breach by Firm and the expense of finishing the Services exceeds the Finn's Fee at the time of termination, Firm waives its right to any portion of Firm's Fee as set forth in Article 3 herein and agrees to pay any costs over and above the fee which the City is required to pay In order to finish the Services. On any default and/or breach by Firm, City may elect not to terminate the Agreement or a Project Order, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the Firm's Fee that would otherwise be due to Firm as set forth in Article 3 herein. If City terminates this Agreement and Firm is not in default of the Agreement or a Project Order, Finn shall be entitled to compensation for any and all work completed to the satisfaction of the City in accordance with the provisions of this Agreement prior to termination. In the event of any termination, Firm shall deliver to City all finished and/or unfinished documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any items prepared by Finn in connection with this Agreement prior to Firm receiving final payment. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. ARTICLE 9 DISPUTE RESOLUTION / MEDIATION In addition to all remedies at law, the parties may resolve/mediate any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary, nonbinding mediation to be conducted by a mutually acceptable mediator. ARTICLE 10 INDEMNITY City of Anna, Texas — Master Professional Services Agreement Page 12 Category F - Landscape Architecture & Park Planning 3199870 FIRM SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS PAST, PRESENT AND FUTURE OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES (COLLECTIVELY, "INDEMNIFIED PARTIES") FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF FIRM, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM FIRM IS LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY FIRM PURSUANT TO THIS AGREEMENT, REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF THE CITY (COLLECTIVELY, "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN FIRM AND ITS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH THE FIRM, INCLUDING BUT NOT LIMITED TO ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. FIRM IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS ("JUDGMENT"), THEN FIRM IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE FIRM FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY FIRM THAT ARE ATTRIBUTABLE TO City of Anna, Texas — Master Professional Services Agreement Page 13 Category F - Landscape Architecture & Park Planning 3199870 CITY'S PERCENTAGE OF JOINT, CONCURRENT OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, WITHIN SIXTY (60) DAYS OF THE DATE THE JUDGMENT BECOMES FINAL AND NON -APPEALABLE. NOTWITHSTANDING THE FOREGOING, IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN FIRM'S INDEMNITY AND DEFENSE OBLIGATIONS UNDER THIS ARTICLE 10 ARE LIMITED BY, AND TO BE READ AS COMPLYING WITH, SECTION 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, SUCH THAT THE FIRM SHALL: (1) DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES AGAINST LIABILITY FOR DAMAGE TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTS FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE FIRM OR THE FIRM'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE FIRM EXERCISES CONTROL; AND (2) REIMBURSE THE CITY'S REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE FIRM'S LIABILITY. IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY FIRM IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF FIRM'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF FIRM's OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. FIRM SHALL RETAIN CITY -APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY's WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF FIRM FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND FIRM SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS ARTICLE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 11 NOTICES Firm agrees that all notices or communications to City permitted or required under this Agreement shall be delivered to City at the following addresses: Jim Proce City Manager City of Anna P.O. Box 776 Anna, TX 75409-0776 City of Anna, Texas — Master Professional services Agreement Page 14 Category F - Landscape Architecture & Park Planning 3199870 Mandatory copy to: Wolfe, Tidwell & McCoy, LLP City of Anna Attorney 2591 Dallas Pkwy, Suite 300 Frisco, Texas 75034 City agrees that all notices or communication to Firm permitted or required under this Agreement shall be delivered to Firm at the following addresses: HUITT-ZOLLARS ATTN: BOB MCDERMOTT 5430 LBJ FREEWAY SUITE 1500 DALLAS, TX 75240 Any notice provided in writing under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. All notices or communication required to be given in writing by one party or the other shall be considered as having been given to the addressee on the date such notice or communication is postmarked and deposited in the U.S. mail with proper postage by the sending party. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Agreement. ARTICLE 12 MISCELLANEOUS 12.1 Complete Agreement —This Agreement, including the exhibits hereto labeled "A" through "H," all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented, and/or modified except by written agreement duly executed by both parties. The following exhibits are attached below and made a part of this Agreement: 12.1.1 Exhibit A, Professional Services Project Order Form 12.1.2 Exhibit B, City RFQ Category F - Landscape Architecture & Park Planning and Firm Response dated: 7/13/2021 12.1.3 Exhibit C, City of Anna Benchmarks (as amended) hfti)://www.Annatexas.gov/departments/t)lanninqtbenchmarks.php. 12.1.4 Exhibit D, City of Anna Guidelines for Computer Aided Design and Drafting (CADD). Per industry standards. 12.1.5 Exhibit E, City of Anna Guidelines for Direct Expenses; General and Administrative Markup; Travel and Subsistence Expenses. 12.1.6 Exhibit F, City of Anna Contractor Insurance Requirements. ina, Texas — Master Professional services Agreement F - Landscape Architecture & Park Planning Page 15 12.1.7 Exhibit G, City of Anna Compliance with Federal, State, Local Laws and City Charter 12.1.8 Exhibit H, Conflict of Interest Questionnaire, Form CIQ. To the extent that Exhibit A. Exhibit B. Exhibit C. Exhibit D, Exhibit E. Exhibit F, Exhibit G or Exhibit H are in conflict with provisions of this Agreement or each other, the provisions of this Agreement, then the provisions of Exhibit A. Exhibit C. Exhibit D, Exhibit Exhibit F, Exhibit Exh�ibit_H or Exhibit B shall prevail in that order. 12.4 Severability — In the event of a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of this Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. 12.5 Governing LawNenue — This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. The exclusive venue for any action arising out of this Agreement shall be a court,of appropriate jurisdiction in Collin County, Texas. 12.6 Execution / Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 12.7 Authors — The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 12.8 Waiver — Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. 12.9 Headinas — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 12.10 Multiple Counterparts — This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. 12.11 Immunity — The parties acknowledge and agree that, in executing and performing this Agreement, City has not waived, nor shall be deemed to have waived, any defense or City of Anna, Texas — Master Professional services Agreement Page 16 Category F - Landscape Architecture & Park Planning 3199870 immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 12.12 Attorney's Fees — If either party files any action or brings any proceeding against the other arising from this Agreement, then as between City and Firm, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable and necessary attorney's fees and litigation expenses both at trial and on appeal, subject to the limitations set forth in TEx. Loc. Gov'T CODE § 271.153, as it exists or may be amended, if applicable. 12.13 Additional Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 12.14 Independent Contractor— In performing this Agreement, Firm and Firm's Personnel shall act as an independent contractor with respect to City. In no event shall this Agreement be construed as establishing a partnership, joint venture or similar relationship between the parties and nothing herein shall authorize either party to act as agent for the other. Firm shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security and other taxes and benefits with respect to all of Firm's officers, directors, partners, employees and representatives, who shall not be considered City employees and shall not be eligible for any employee benefit plan offered by City. At no time shall the City have any control or direction, direct or indirect, over the Firm's means, methods, sequences, techniques, procedures, supervision, subcontractors or other undertakings utilized to perform the Services. 12.15 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 12.16 No Third Party Beneficiaries — Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 12.17 Duty to Facilitate Compliance with Public Information Act (a) The obligations in this section apply if this Agreement (1) has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by City; or (2) results in the expenditure of at least $1 million in public funds for the purchase of goods or services by City in a fiscal year of the Anna City Council. (b) If this Agreement is described in subsection (a) above, Firm shall comply with the following obligations, which are set forth in Subchapter J, Chapter 552, Texas Government Code: City of Anna, Texas — Master Professional Services Agreement Page 17 Category F - Landscape Architecture & Park Planning 3199870 (1) preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to Anna for the duration of this Agreement; (2) promptly provide to Anna any contracting information related to this Agreement that is in the custody or possession of Firm on request of Anna; and (3) on completion of this Agreement, either: (1) provide at no cost to City all contracting information related to the contract that is in the custody or possession of Firm; or (2) preserve the contracting information related to this Agreement as provided by the records retention requirements applicable to City. (c) As used in this provision, the term "contracting information" shall have the same meaning as that term is defined in Section 552.003, Texas Government Code, as amended. (d) The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Firm agrees that this Agreement can be terminated if the Firm knowingly or intentionally fails to comply with a requirement of that subchapter. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest day as reflected by the signatures below. Effective Date: July 13, 2021 CITY: City of A na, Texas j ' Prroc , City Manager D t FIRM HU 91 Date: August 20, 2021 F - Landscape Architecture & Park Planning 18 STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Jim Proce, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed. and in the capacity therein stated. s/ 20� GIVEN UNDER MY HAND AND SEAL OF OFFICE this aJ day of l C�Iimfw LkL'_ Notary/Public In and Fq the State jDf Tex_as My commission expir to 1 a J JDANNA GOLLEHIER No ID M12831008fi My Commission Expires ��eerF June 4, 2025 STATE OF - xAS COUNTY OF VAU,AS BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John Ho , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and consideration expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 'ZO day of AubusT 2074. ------------- CYNTHIA 9LAYDES +° Notary ID /021 My Commissionssion Expires Notary P is In ano Forth fate of "T)C October 28. 2024 My commission expires: 10.122124 City of Anna, Texas — Master Professional Services Agreement Page 19 Category F - Landscape Amhilecture d Perk Planning 3199870 EXHIBITS to MASTER AGREEMENT FOR PROFESSIONAL SERVICES EXHIBIT A PROFESSIONAL SERVICES PROJECT ORDER FORM: Individual "Professional Services Project Orders" will be issued for each project. Sample PSPO is included in the City's RFQ. EXHIBIT B CITY RFQ and FIRM RESPONSE Exhibit B-1: City RFQ (on file with the City Purchasing Department) Exhibit B-2: Firm's Response (on file with the City Purchasing Department) EXHIBIT C CITY OF ANNA GUIDELINES FOR SURVEYING AND BENCHMARKING City of Anna Benchmarks (as amended) EXHIBIT D CITY OF ANNA GUIDELINES FOR COMPUTER AIDED DESIGN AND DRAFTING (CADD) Per industry standards City of Anna. Texas — Master Professional services Agreement Page 20 category F - Landscape Architecture & Park Planning 3199870 EXHIBIT E CITY OF ANNA GUIDELINES FOR DIRECT EXPENSES; GENERAL AND ADMINISTRATIVE MARKUP; TRAVEL AND SUBSISTENCE EXPENSES I. FIRMS RESPONSIBILITY. The Firm shall be solely responsible for the auditing of all direct expense, approved markup (general and/or administrative), and approved travel and/or subsistence charges, including those to be included under a sub -contract, prior to the City for reimbursement, and Firm shall be responsible for the accuracy thereof. Any overpayment by the City for errors in submittals for reimbursement may be deducted from the Firm's subsequent payment(s) for services; however, this shall not be the City's sole and exclusive remedy for said overpayment. [I. GUIDELINES FOR DIRECT EXPENSES. A. Local Transportation — Transportation in connection with the Services, when such transportation is not a function of routine performance of the duties of the Firm in connection with the Services, and when such transportation exceeds beyond fifty (50) miles from the Services site, shall be reimbursed at a standard mileage rate consistent with that as issued, and periodically revised, by the United States Internal Revenue Service (IRS). Under no circumstances shall City reimburse Firm at a higher standard mileage rate or pay additional markup on charges for local transportation. Completion of City's Standard Mileage Log is required for submittal of these charges for reimbursement, including justification for each submitted expense. Under no circumstances are charges associated with rental cars for local transportation eligible for reimbursement by City. Toll road subscriptions or toll plaza receipts are not reimbursable. Firm agrees to place these standards In all subcontracts for work on the Services. B. Supplies, Material, Equipment — City shall reimburse the actual cost of other similar direct Services -related expenses, which are duly presented in advance and approved by City's Project Manager In writing. C. Commercial Reproduction — City shall reimburse the actual cost of reproductions, specifically limited to progress prints prepared for presentation to City at each phase of progress, and final Construction Documents prepared for distribution at bidding phase, provided that the Firm has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Firm shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Firm agrees to place these standards in all subcontracts for work on the Services. D. In -House Reproduction - Firm shall make arrangements with the City for prior approval of in- house reproduction rates prior to submitting these expenses for reimbursement. City shall provide Finn with a standard format for documenting these charges. Completion of the City's reproduction log is required as a prerequisite for payment, including the number or reproductions, the date, time, description, the approved standard rate, and a justification for each submitted expense for reimbursement. Firm agrees to place these standards in all subcontracts for work on the Services. E. Commercial Plotting — City shall reimburse the actual cost of plots, specifically limited to final documents, provided the Firm has duly obtained at least three (3) quotations from commercial firms and has chosen the best value for the City. Finn shall provide such documentation to City for review prior to submitting these expenses for reimbursement. Firm agrees to place these standards in all subcontracts for work on the Services. F. In -House Plottina — Firm shall make arrangements with City for prior written approval of In-house plotting rates prior to submitting these charges for reimbursement. City shall provide Firm with a standard format for documenting these changes. Completion of the City's reproduction log is City of Anna, Texas — Master Professional Services Agreement Page 21 Category F - Landscape Architecture & Park Planning 3199870 required as a prerequisite for payment, including the number of plots, the date, time, description, the approved standard rate, and a justification for each submitted charge for reimbursement. G. Communications — Reimbursement for expenses relating to electronic communications shall be limited to long-distance telephone or fax toll charges specifically required in the discharge of professional responsibilities related to the Services. Telephone service charges including office or cellular phones, WATTS, or Metro line services or similar charges are not reimbursable. H. Postage, Mail. and Delivery Service — City shall reimburse the actual cost of postage and delivery of Instruments of Service, provided the Firm duly considers all circumstances (including available time for assured delivery) of the required delivery and selects the best value for the City, which may require comparison of delivery costs offered by three (3) or more sources or methods of delivery, which at a minimum shall include U.S. Mail. Courier service is acceptable only in circumstances requiring deadline -sensitive deliveries and not for the convenience of the Firm and/or the Firm's employees. Firm agrees to place these standards in all subcontracts for work on the Services. I. Meals and Other Related Charnes — Meals or any other related expenses are not reimbursable unless incurred outside a fifty (50) mile radius of the Service site, and then only reimbursable for the actual cost subject to compliance with the City's currently adopted policy. Non -allowable costs Include, but are not limited to, charges for entertainment, alcoholic beverages, and gratuities. III. GUIDELINES FOR GENERAL AND ADMINISTRATIVE MARKUP. 1. Requirement of Prior Approval — Firm may be allowed to charge a General and/or Administrative Markup on work completed if Firm can clearly define to City specifically what costs are included in the markup calculation. To apply General and/or Administrative Markup, Firm must also document to City what costs would be considered direct costs. City shall issue approval in writing to allow Firm to charge General and/or Administrative Markup. City reserves the right to reject any and all requests for General and/or Administrative Markup. IV. GUIDELINES FOR TRAVEL AND SUBSISTENCE EXPENSES. 1. Requirement of Prior Approval — City shall reimburse the actual cost of travel and/or subsistence expenses upon prior written approval by the City's Project Manager. 2. Adherence to Currently Adopted City Travel Poticv — Reimbursements shall be governed by the same travel policies provided for City employees according to current adopted policy. Prior to the event, Firm shall request, and the City's Project Manager shall provide the provisions and the restrictions that apply to out-of-town reimbursements. END OF SECTION City of Arena, Texas — Master Professional Services Agreement Page 22 Category F - Landscape Architecture & Park Planning 3199870 EXHIBIT F CITY OF ANNA CONTRACTOR INSURANCE GUIDELINES I. Requirement of Insurance — A. All required insurance policies shall name the City, its past, present, and future officials, officers, agents, representatives, and employees as additional insured as to all applicable coverage with the exception of workers compensation insurance and professional liability insurance. B. Such policies shall require the provision of written notice to City at least thirty (30) days prior to cancellation, non -renewal, or material modification of any policies C. Such policies shall provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of the insurance. II. Insurance Company Qualification — All insurance companies providing the required insurance shall be authorized to transact business in the State of Texas, and shall have a minimum rating of "A" by A.M. Bests Key Rating Guide, or other equivalent rating service(s). Ili. Certificate of Insurance — A Certificate of Insurance and applicable endorsements evidencing the required insurance shall be submitted with the contractor's bid or response to proposal. If the contract is renewed or extended by the City a Certificate of Insurance and applicable endorsements shall also be provided to the City prior to the date the contract is renewed or extended. Insurance Checklist —"X" means that the following coverage is required for this Agreement. Copies of all endorsements for each policy required. Coverage Required X 1. Worker's Compensation & Employer's Liability X 2. General Liability 3. XCU Coverage X 4. Professional Liability X Umbrella Coverage or Excess Liability Coverage Limits ■ Statutory Limits of the State of Texas • Minimum $ 1,000,000.00 each occurrence; • Minimum $1,000,000.00 per occurrence; • Minimum $ 2,000,000.00 aggregate. • Minimum $1.000,000.00 each occurrence; • Minimum $ 2,000,000.00 In the aggregate. • An amount of $ 2,000,000.00. X 6. City and its past, present, and future officials, officers, agents, representatives, and employees named as additional insured on General Liability Policy and Umbrella or Excess Liabi ity Coverage. This coverage is primary to all other coverage the City may possess. City of Anna, Texas — Master Professional Services Agreement Page 23 Category F - Landscape Architecture 8 Park Planning 3199870 X 7. General Liability Insurance provides for a Waiver of Subrogation against the City for injuries, including death, property damage, or any other loss to the extent that same is covered by the proceeds of the insurance. All insurance policies that are required to name the City as an additional insured must be endorsed to read as primary and non-contributory coverage regardless of the application of other Insurance. 8. Thirty (30) days notice of cancellation, non -renewal, or material change required. X 9. Insurance company has a minimum rating of W by A.M. Bests Key Rating Guide, or other equivalent rating service(s). X 10. Each Policy and Certificate of Insurance must state the project tide and Professional Service Project Order number. 11. Other Insurance Requirements (State Below): END OF SECTION City of Anna, Texas — Master ProfessEonal Services Agreement Page 24 Category F - Landscape Architecture S Park Planning 3199870 EXHIBIT G COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS and CITY CHARTER By submitting a response to the solicitation and entering into a contract with the City, the Firm hereby verifies and certifies that he/she/it is in compliance with all applicable federal, state and local laws, and the City Charter. The Firm also certifies the following: CERTIFICATION OF ELIGIBILITY The bidder/proposer certifies that at the time of submission, he/she/it is not on the Federal Government's list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the City of Anna Purchasing Agent. Failure to do may result in terminating this contract for default. DISCLOSURE OF INTERESTED PARTIES (Form 1295) By submitting a bid or proposal in response to this solicitation, the bidder/proposer agrees to comply with Texas Government Code Section 2252.908. Bidder/proposer agrees to provide the City of Anna Finance Department, and/or requesting department, the "Certificate of Interested Parties," FORM 1295 as required, with in ten (10) business days from notification of award, renewal, amended or extended contract. Visit https://www.ethics. state tx us/whatsnew/elf info forml295.htm for more information. CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS The bidder/proposer certifies that he/she/it is in compliance with all provisions of Immigration and Nationality Act ("INK) and Immigration Reform and Control Act of 1986 (" IRCA") in regards to his/her/its employees/laborers and that employment eligibility has been verified by the bidder/proposer for all persons who will provide services to City. COMPLIANCE INDEMNIFICATION: IN CONSIDERATION FOR THE AGREEMENT BETWEEN CONTRACTOR AND THE CITY OF ANNA, VENDER AGREES TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF ANNA AND ITS PAST, PRESENT, AND FUTURE OFFICIALS, OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES ("INDEMNIFIED PARTIES") FROM ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST THE CITY OF ANNA BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON OR ENTITY PROVIDING SERVICES BY, THROUGH OR UNDER VENDOR'S AGREEMENT WITH THE CITY OF ANNA THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW, INCLUDING BUT NOT LIMITED TO INA AND IRCA. NOTWITHSTANDING THE FOREGOING, IF THE AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN VENDOR'S INDEMNITY AND DEFENSE OBLIGATIONS UNDER ARE LIMITED BY, AND TO BE READ AS COMPLYING WITH, SECTION 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, SUCH THAT THE VENDOR SHALL: (1) DEFEND, INDEMNIFY, AND HOLD HARMLESS THE INDEMNIFIED PARTIES AGAINST LIABILITY FOR DAMAGE TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTS FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER COMMITTED BY THE VENDOR OR THE VENDOR'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE VENDOR EXERCISES CONTROL; AND (2) REIMBURSE THE CITY'S REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE VENDOR'S LIABILITY. NO PROHIBITED INTEREST ina, Texas — Master Professional services Agreement F - Landscape Architecture B Park Planning EXHIBIT G COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS and CITY CHARTER I, the undersigned, declare and affirm that no person or officer of the submitting firm or its partners are either employed by the City of Anna or is an elected official of the City of Anna and who has a financial Interest, direct or indirect, in any contract with the City of Anna or has a financial interest, directly or indirectly, in the sale to the City of Anna of any land, or rights or interest in any land, materials, supplies or service. As per Section 11.02 of the Anna City Charter, interest represented by ownership of stock by a City of Anna employee or official is permitted if the ownership amounts to less than one (1) per cent of the corporation stock. I further understand and acknowledge that the existence of a prohibited interest at any time during the term of this contract will render the contract voidable. DISCLOSURE OF CERTAIN RELATIONSHIPS Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. By law, this questionnaire must be filed with the records administrator of The City of Anna no later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. By submitting a response to this request, the vendor represents that it is in compliance with the requirements of Chapter 176 of the Texas Local Government Code. Form is attached to the bid specifications and to this Agreement as Exhibit H. DISCLOSURE OF COMMERCIAL OR SOCIAL RELATIONSHIP WITH ISRAEL Section 2271.002, Texas Government Code: the Firm entering into a contract with the City verifies that it (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract and any subsequent renewals. DISCLOSURE OF BUSINESS RELATIONSHIPS WITH IRAN, SUDAN, OR A FOREIGN TERRORIST ORGANIZATION Section 2252.153 or Section 2270.0201, Texas Government Code: provides that the City may not enter into a governmental contract with" (1) a Firm that is identified on a list prepared and maintained by the comptroller and that does business with Iran, Sudan, or a foreign terrorist organization; or (2) a company that the United States government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, its federal sanctions regime relating to Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to contract prohibition under this subchapter. Authorized Representative: Company Name: Huitt - Zollars, Inc. Date: August 20, 2021 Printed Name: John Ho, PE City of Anna, Texas — Master Professional Services Agreement Page 26 Category F - Landscape Architecture & Park Planning 3199870 EXHIBIT G COMPLIANCE WITH FEDERAL, STATE, LOCAL LAWS and CITY CHARTER Title: Signature: SWORN AND SUBSCRIBED to before me this Z0 day of AU6t4Q-r , 20 21 to certify with witness my hand and official seal. ®ar Boer CYNtart' ID # 25424 S , / // ��� / ) Notary ID k125424021 � My Commission Expires Notary Pu is fn an for th ate of -(k �or+� October 28, 2024 City of Anna, Texas — Master Professional Services Agreement Category F - Landscape Architecture & Park Planning 3199870 r 1 r CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendur doing business with local governmental entity rn q 1 tirr ..ne[ n pev m 1 n r.w v .e n earn l Y n.p s..,.o OFRCEU9E OIIlY lr.r L ml[cl If.E� ru Ir:.-. far :I Y.rOrf nn, _�:r1: w. .+.... / ar ar:•[•'r. c,.l.r. f. .: Jn: Name al vends rho hat B dbMesa relatlomh(p rM lonl aoverrrrtenbl eNlly. 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'I"., m II tNijnle Oeaer�a exh empbyareM a beaYbt! IelalbMblp Ilbl Ow warder named In Steaon t metnbbs WNa eaperetfen b eeter W alneb art" rM lespeol to which die beet gmremmeN Necer satres as an value a dheelor, a heads an nwrNeeNp meeLaal W rise paNenl at mw.. WA rrk'f Il,Iz lw<,me x^Uu.1w I•^ ra•l'..,, rAr ernI,", Jnn:wwuranlr1. 11welill,e Vlrlt+urww nu.pyes m Jei•drN m ✓'v�r,I I?60JfIalIIry OI c '.aJlry Ymy rlez:rpn.l m Sn lvr�. I?6 wam t. 8/19121 e.re • n,..la n, rem Ele—''*I'll c,, ...,I,I,ill a 1. . City of Anna, Texas — Master Professional Services Agreement Page 28 Category F - Landscape Architecture & Park Planning 319W70 Vevrv..l 1'I :Yl'1 ACC>Rtf CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDIYYYY) 811812021 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 have ADDITIONAL INSURED provisions or 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 endorsements . PRooucER Risk Strateeggies 12801 North Central Expy. Suite 1710 Dallas, TX 75243 " Joe Brvant PHONE 214 323-4602 FAx 214 503-8899 me- ADDREIlSo certifccatedauas risk-stra ies.com INSURERS AFFORDING COVERAGE NAIC 0 ENSURER A: Berkle I Insurance Company 32603 INSURED Hultt-Zoilars, Inc. 5430 LBJ Freeway Suite 1500 Dallas TX 75240 1 INSURER 8 : INSURER c INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 63409594 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. [LTR NSR TYPE OF INSURANCE ADD UDR POLICY NUMBER POLICYn POLICY EXP LIMITS COMMERCIAL GENERAL LIABILn'Y CLAIMS -MADE OCCUR EACH OCCURRENCE S DAMAGE TO RENTED PREMISES S MED EXP one s PERSONAL & ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: POLICY JECTT LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG S OTWit. 1s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -(Ea pecklontl S ANY AUTO BODILY INJURY Per ( person) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) S PROPERTY DAMAGE $ i UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I RETENTIONS S WORKERS COd[PENSATION AND EMPLOYERS' LIABILITY YIN IWYPROPRtETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED9 NIA OTH- STATUTER E.L EACH ACCIDENT E E,L DISEASE - EA EMPLOYEE $ (Mandatory In NH) If describe under E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below A Professional Liability Pollution Uabillty AEC-904205"5 1/23/2021 1/23/2022 Per Claim $1.000,000 Annual Aggregate $2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Addlt nal Ra=vM schedule. may be attached If mom space is mqutnd) The claims made professional liability CoVaerage Is the WWI aggregate limit for all claims presented within the annual policy period and Is subject to a deductible. Thlrly (30) day notice of cancellation In kwr of certificate holder on all policies. A waiver of subrogation Is shown In favor of the certificate holdedany other entities that apply on Professional Liability as required by written contract. Re: Category F - Landscape Architecture & Park Planning. The City of Anna, Texas 101 S. Powell Parkway Anna TX 75409 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 _Ina Rnrant 91955-ZO15 ACORD CORPORATION. All rights reserved. ACORD 25 (201W03) The ACORD name and logo are registered marks of ACORD 63409594 1 21/22 P1. Master I Patra 1 8/18/2021 5-36.35 PM (EDT) I Page I of 1 ACoRV CERTIFICATE OF LIABILITY INSURANCE `, TE °A `� e/18/2oz1 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 pollcy(les) must have ADDITIONAL INSURED provisions or 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 endorsements . PRODUCER MHBT, a Marsh & McLennan Agency, LLC company 8144 Walnut Hill Lane, 16th FI Dallas TX 75231 CONTACT Stacy Brimer PHONE Fax e • 972-376-8108 EDAAIL ADDRESS: stacy.brimerftmarshmme.com INSURERS AFFORDING COVERAGE NAIC # y Insurance Company wsuRERA: Hartford Casualt 29424 INSURED HURTZOL Huitt-Zollars, Inc. 5430 LBJ Freeway, Suite 1500 wsuRER B : Federal Insurance Company 20281 INSURER c : Hartford Underwriters Insurance Company 34104 Dallas TX 76240 INSURER D INSURER E : INSURER F - rrnveoAacc c%-RRTIaIceTF NIIMRRR• 11RRg7AA7A 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. IN8R LTR TYPE OF INSURANCE ADMIX SR POLICY NUMBER POLICY EfF EXP LIMITS A X COMMERCIAL ORAL LIABILITY 46UUNOL6275 9/1/2020 911 /2021 EACH OCCURRENCE $1000000 CLAIMS -MADE M OCCUR a 0cmWor=1 3300000 X MED EXP (Any oneperson) $10000 Die: $p PERSONAL & AOV INJURY $1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 PRODUCTS - COMPIOP AGG $2000000 POLICY E J� Q LOC $ OTHER: A AUTOMOBILE LIABILITY 46UENOLS276 9/1/2020 9/1/2021 (Ee acINEO SINGLE LIMIT chkop S 1000000 BODILY INJURY (Per person) S X ANY AUTO BODILY INJURY (Per accident) S OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-OVVNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ $ X I cod stow X COM$1.000 A X UMBRELLA LIAB X OCCUR 46XHUOL5274 9/1/2020 9/1/2021 EACH OCCURRENCE $10000000 AGGREGATE $10000000 EXCESS LIAR CLAIMS -MADE DEO I X I RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YIN OFRICERIMEMSEREXCLUDEO? El In NH) N / A 46WEOLSHIG 9/1/2020 9/1/2021 X T 2 H- E.L. EACH ACCIDENT S 1000000 E.L. DISEASE -EA EMPLO S 1000000 E.L. DISEASE - POLICY LIMIT s 1000000 y��„y OESCRIPTt NOunder OF OPERATIONS below A B A Hired Car PhJsW Dam: $50.000 p Them Vabiebla Papas 46UENOL5276 446 UNOL5275 9/1/2020 9/1/2020 9/1/2021 9/1/2021 Hired PD Theft Va Papas Dad $1,000/51,000 Limit $1.000.000 Limit: $25.000 DESCRIPTM OF OPERATIONS I LOCATIONS I VEMCI (ACORD 101. Add!llmsl Rsma*s Schsduls, may be attadwd U more space Is requbvd) Additional Insured form #HG0001 edition 09/16 applies to the General Liability paiicy. Waiver of subrogation form #HG0001 edition 09/16 applies to the General Liability policy. Primary & Non -Contributory General Liability form #HG0001 edition 09/16. Additional Insured form #HA9916 edition 03/12 applies to the Automobile Liability policy. Waiver of subrogation form #HA9916 edition 03112 applies to the Automobile Liability policy. Primary & Non -Contributory Auto Liability form #HA9916 edition 03112. See Attached... 0•cavrc1d%AVr urea nen 9%-Awr_I=1 1 ATK)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Anna, Texas 101 S. Powell Parkway Anna TX 75409 AMORREDREPRESENTATNE V 1V50-ZU75 AGUKU V:VKrUKAI IUN. All rlgnT5 Fe5erVU0. ACORD 25 (201W03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HUITTZOL LOC M k -.-K � ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT, a Marsh & McLennan Agency, LLC company Huitt Zollars, Inc. 5430 LBJ Freeway, Suite 1500 voucY NUMIWR Dallas TX 75240 NAIL CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE of subrogation form #WC00 edition 03/13 and #WC04 edition 03106 and #WC4203048 applies to the Workers Compensation policy. ,anl Insured form #XL0003 edition 09/16 applies to the Umbrella policy. of Subrogation form #XL0003 edition 09/16 applies to the Umbrella policy. of Cancellation form #11-10307 edition 6111 applies to the General Liability policy. of Cancellation form #WC99 edition 03/94 and #WC990531 applies to the Workers Compensation policy. of Cancellation form 01HO307 edition 611 lappties to the Umbrella Liability policy. of Cancellation form 11-10307 edition 06/11 applies to the Auto Liability policy. The General Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named Insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with "Primary and NonContrtbutory" wording that may apply only when there is a written contract between the named Insured and the certificate holder that requires such wording. The General Liapolicy contains a blanket waiver of subrogation endorsement that may apply only when there Is a written contract between the named bility Insured and the ficate holder that requires such wording. The Automobile Liability policy contains language that provides additional Insured status to the certificate holder only when there is a written contract between the named Insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Auto Liability policy contains an endorsement with "Primary and NonContributory" wording that may apply only when there Is a written contract between the named Insured and the certificate holder that requires such wording. The Umbrella. policy Includes additional insured endorsement to the certificate holder only when there is a written contract between the named Insured and the certificate holder that requires such status. The Umbrella policy Includes waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named Insured and the certificate holder that requires such status. e Worker's Compensation policy Includes a waiver of subrogation endorsement that may apply only when there Is a written contract between the named insured and the certificate holder that requires such wording. The General Liability, Auto, Worker's Compensation and Umbrella liability policies includes a blanket notice of cancellation to the certificate holder endorsement, providing for (30) days' advance written notice if the policy Is canceled by the company, or 10 days' written notice before the policy Is canceled for nonpayment Hof premium Notice Is sent to certificate holders with railing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder If the named Insured requests cancellation. Master Agreement for Category F - Landscape Architecture & Park Planning (Certificate Holder Includes: The City of Anna, Texas and its past, present and future officials, officers. agents, representatives, and employees. AGUHU 1v1(zuusruI) © 2008 ACORD CORPORATION. All right's reserved. The ACORD name and logo are registered marks of ACORD