CM-2015-728 - 4/03/2015City of Round Rock
ROU50 RO[K
MAgenda Item Summary
Agenda Number:
Title: Consider executing a Contract for Engineering Services with Halff
Associates, Inc. for the Game Plan 2020 - Update 2015 Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/3/2015
Dept Director: Rick Atkins, Director
Cost: $30,500.00
Indexes: 2007 General Obligation Bonds
Attachments: LAF - ESC w- Halff Associates for Game Plan 2020 - Update 2015
(00331471xA08F8).pdf, ESC w-Halff Associates Inc. - Game Plan 2020 -
Update 2015 (00331432xA08F8).pdf
Department: Parks and Recreation Department
Tent of Legislative File CM -2015-728
This item will allow the City to enter into an agreement with Halff Associates to update the
PARD Master Plan (Game Plan 2020). The master plan was originally approved in 2009
and needs to be updated to stay in good standing with TPWD and CAPRA Accreditation.
The update will be a full review and update of the public input/surveys, needs assessment,
goals, objectives and implementation plan. The overall project should be complete in 9
months with anticipated presentation of the 2015 Plan Update to City Council in
January/February 2016.
Halff Associates are based out of Austin and were the consulting team that completed the
2009 plan. Their scope includes assisting PARD with the plan update, needs assessment
and implementation plan. PARD team members will be responsible for the majority of the
mapping, graphics and text. This was done to reduce the overall cost by about $75,000 for
the 2015 update of Game Plan 2020. Similar to the 2009 plan, the 2015 update will align
with the City's overall Strategic Plan goals and objectives that were recently updated at the
City Council retreat.
PARD would recommend approval of this item.
Department official recommends approval of this item
CXy Of Round Rxk Page 1 P ialed m UPPOf 5
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: PARD Project Name: came Plan 2020- Update 2015
Project Mgr/Resource: David Rumn ConlractorNendor: Hall(Assoc ales, Inc.
Council Action:
ORDINANCE RESOLUTION
fxx—lcity Manager Approval
GMA Wording
Consider executing a Contract for Engineering Services with Halff Associates, Inc. for the Game Plan 2020 -Update 2015
Project
Attorney pproval
Attorney
0AwdoxlSCClnts\0199\151O\MISC100331471.XLS Updated 6I3/08
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CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM: HALFF ASSOCIATES, INC. ("Engineer")
ADDRESS: 4030 W. Braker Lane, Suite 450, Austin, TX 78759
PROJECT: Gane Plan 2020 — U rrlate 2015
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract') is made and entered into on
this the6&day of�, 2015 by and between the CITY OF ROUND ROCK, a Texas home -
rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas
78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of
contracting for professional engineering services.
RECITALS:
WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled
"Professional Services Procurement Act" provides for the procurement by municipalities of services of
professional engineers; and
WHEREAS, City and Engineer desire to contract for such professional engineering services; and
WHEREAS, City and Engineer wish to document their agreement concerning the requirements
and respective obligations of the parties;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promisescontained hereinand other good and
valuable considerations, and the covenants and agreements hereinafter contained to be kept and
performed by the respective parties hereto, it is agreed as follows:
Engineering Services Contract
0199.1510;00331432
cin- a0l5- -las
Rev. 04/13
0019283/
The Contract Documents consist of this Contract and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts
(as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all
are as fully a part of this Contract as if attached to this Contract or repeated herein.
ARTICLE 1
CITY SERVICES
City shall perform or provide services as identified in Exhibit A entitled "City Services."
ARTICLE 2
Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering
Services."
Engineer shall perform the Engineering Services in accordance with the Work Schedule as
identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete
schedule so that the Engineering Services under this Contract may be accomplished within the specified
time and at the specified cost. The Work Schedule shall provide specific work sequences and definite
review times by City and Engineer of all Engineering Services. Should the review times or Engineering
Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may
submit a timely written request for additional time, which shall be subject to the approval of the City
Manager.
ARTICLE 3
CONTRACT TERM
(1) Term. The Engineer is expected to complete the Engineering Services described herein in
accordance with the above described Work Schedule. If Engineer does not perform the Engineering
Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract
as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue
from day to day until such time as the Engineering Services are completed. Any Engineering Services
performed or costs incurred after the date of termination shall not be eligible for reimbursement.
Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably
anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance,
and agrees to undertake all necessary efforts to expedite the performance of Engineering Services
required herein so that construction of the project will be commenced and completed as scheduled. In
this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all Engineering Services required under this Contract in a professional manner.
(3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with
Engineering Services until authorized in writing by City to proceed as provided in Article 7.
ARTICLE 4
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
the Engineering Services performed and to be performed under this Contract.
The amount payable under this Contract, without modification of the Contract as provided
herein, is the sum of Thirty Thousand Five Hundred and No/10 Dollars ($30.500.00) as shown in
Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental
Contract in the event of a change in Engineering Services as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the Engineering Services and to support invoices requesting monthly payment. Any
preferred fommt of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory
progress of Engineering Services shall be an absolute condition of payment.
The fee herein referenced may be adjusted for additional Engineering Services requested and
performed only if approved by written Supplemental Contract.
ARTICLE 5
METHOD Or, PAYMENT
Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall
prepare and submit to City, not more frequently than once per month, a progress report as referenced in
Article 4 above. Such progress report shall state the percentage of completion of Engineering Services
accomplished during that billing period and to date. Simultaneous with submission of such progress
report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a
form acceptable to City. This submittal shall also include a progress assessment report in a form
acceptable to City.
Progress payments shall be made in proportion to the percentage of completion of Engineering
Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering
Services actually provided and performed. Upon timely receipt and approval of each statement, City
shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City
reserves the right to withhold payment pending verification of satisfactory Engineering Services
performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its
determination, that tasks were completed.
The certified statements shall show the total amount earned to the date of submission and shall
show the amount due and payable as of the date of the current statement. Final payment does not relieve
Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its
negligence.
ARTICLE 6
PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Gove anent Code, payment to Engineer
will be made within thirty (30) days of the day on which the performance of services was complete, or
within thirty (30) days of the day on which City receives a correct invoice for services, whichever is
later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this prompt payment policy; however, this policy does not
apply in the event:
A. There is a bona fide dispute between City and Engineer concerning the supplies,
materials, or equipment delivered or the services performed that causes the payment to be
late; or
B. The terms of a federal contract, grant, regulation, or statute prevent City from making a
timely payment with federal finds; or
C. There is a bona fide dispute between Engineer and a subcontractor or between a
subcontractor and its supplier concerning supplies, materials, or equipment delivered or
the Engineering Services performed which causes the payment to be late; or
D. The invoice is not mailed to City in strict accordance with instructions, if any, on the
purchase order, or this Contract or other such contractual agreement.
City shall document to Engineer the issues related to disputed invoices within ten (10) calendar
days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per
the terms of Chapter 2251, V.T.C.A, Texas Goverment Code.
ARTICLE 7
NOTICE TO PROCEED
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a
written Notice to Proceed regarding such task. The City shall not be responsible for work performed or
costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued.
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Contract is as follows:
David Buzzell
Assistant Director
301 W. Bagdad Street, Suite 250
Round Rock, TX 78664
Telephone Number (5 12) 341-3345
Fax Number (5 12) 218-5548
Email Address dbuzzell@roundrocktexas.gov
City's Designated Representative shall be authorized to act on City's behalf with respect to this
Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining
to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential
progress of Engineering Services.
Engineer's Designated Representative for purposes of this Contract is as follows:
Jim Carrillo
Vice President
4030 W. Braker Lane, Suite 450
Austin, TX 78759
Telephone Number (512) 777-4610
Fax Number (512) 252-8141
Email Address jearrillo@halffcom
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the Engineering Services, confer with
City at City's election. Engineer shall prepare and present such information as may be pertinent and
necessary, or as may be requested by City, in order for City to evaluate features of the Engineering
Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the
offices of City, or at other locations designated by City. When requested by City, such conferences shall
also include evaluation of the Engineering Services.
Should City determine that the progress in Engineering Services does not satisfy the Work
Schedule, then City shall review the Work Schedule with Engineer to determine corrective action
required.
Engineer shall promptly advise City in writing of events which have or may have a significant
impact upon the progress of the Engineering Services, including but not limited to the following:
(1) Problems, delays, adverse conditions which may materially affect the ability to meet the
objectives of the Work Schedule, or preclude the attainment of project Engineering Services
units by established time periods; and such disclosure shall be accompanied by statement of
actions taken or contemplated, and City assistance needed to resolve the situation, if any;
and
(2) Favorable developments or events which enable meeting the Work Schedule goals sooner
than anticipated.
ARTICLE 10
SUSPENSION
Should City desire to suspend the Engineering Services, but not to terminate this Contract, then
such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification
followed by written confimtation to that effect. Such thirty -day notice may be waived in writing by
agreement and signature of hotly parties. The Engineering Services may be reinstated and resumed in
full force and effect within sixty (60) days of receipt of written notice from City to resume the
Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of
both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option
of terminating this Contract.
If City suspends the Engineering Services, the contract period as determined in Article 3, and
the Work Schedule, shall be extended for a time period equal to the suspension period.
City assumes no liability for Engineering Services performed or costs incurred prior to the date
authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering
Services is suspended, and/or subsequent to the contract completion date.
ARTICLE 11
ADDITIONAL ENGINEERING SERVICES
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify
City in writing. In the event City finds that such work does constitute extra work and exceeds the
maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be
executed between the parties as provided in Article 13. Engineer shall not perform any proposed
additional work nor incur any additional costs prior to the execution, by both parties, of a written
Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred
by Engineer relating to additional work not directly associated with the performance of the Engineering
Services authorized in this Contract or any amendments thereto.
ARTICLE 12
CHANGES IN ENGINEERING SERVICES
If City deems it necessary to request changes to previously satisfactorily completed Engineering
Services or parts thereof which involve changes to the original Engineering Services or character of
Engineering Services under this Contract, then Engineer shall make such revisions as requested and as
directed by City. Such revisions shall be considered as additional Engineering Services and paid for as
specified under Article 11.
Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to
correct errors appearing therein, when required to do so by City. No additional compensation shall be
due for such Engineering Services.
ARTICLE 13
SUPPLEMENTAL CONTRACTS
The terms of this Contract may be modified by written Supplemental Contract if City
determines that there has been a significant change in (1) the scope, complexity or character of the
Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract
must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has
been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4.
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until the City authorizes full execution of the written
Supplemental Contract and authorization to proceed. City reserves the right to withhold payment
pending verification of satisfactory Engineering Services performed.
ARTICLE 14
USE OF DOCUMENTS
All documents, including but not limited to drawings, specifications and data or programs stored
electronically, (hereinafter refened to as "Instruments of Servie) prepared by Engineer and its
subcontractors are related exclusively to the services described in this Contract and are intended to be
used with respect to this Project. However, it is expressly understood and agreed by and between the
parties hereto that all of Engineer's designs under this Contract (including but not limited to tracings,
drawings, estimates, specifications, investigations, studies and other documents, completed or partially
completed), shall be the property of City to be thereafter used in any lawful manner as City elects. Any
such subsequent use made of documents by City shall be at City's sole risk and without liability to
Engineer, and, to the extent permitted by law, City shall indemnify, defend and hold harmless Engineer
from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting
therefrom.
By execution of this Contract and in confirmation of the fee for services to be paid under this
Contract, Engineer hereby conveys, transfers and assigns to City all rights under the Federal Copyright
Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other
intellectual property rights acknowledged by law in the Project designs and work product developed
tinder this Connect. Copies may be retained by Engineer. Engineer shall be liable to City for any loss or
damage to any such documents while they are in the possession of or while being worked upon by
Engineer or anyone connected with Engineer, including agents, employees, Engineers or subcontractors.
All documents so lost or damaged shall be replaced or restored by Engineer without cost to City.
Upon execution of this Contract, Engineer grants to City permission to reproduce Engineer's
work and documents for purposes of contracting, using and maintaining the Project, provided that City
shall comply with its obligations, including prompt payment of all sums when due, under this Contract.
Engineer shall obtain similar permission from Engineer's subcontractors consistent with this Contract. If
and upon the date Engineer is adjudged in default of this Contract, City is permitted to authorize other
similarly credentialed design professionals to reproduce and, where permitted by law, to make changes,
corrections or additions to the work and documents for the purposes of completing, using and
maintaining the Project.
City shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted
herein to another party without the prior written contract of Engineer. However, City shall be permitted
to authorize the contractor, subcontractors and material or equipment suppliers to reproduce applicable
portions of the Instruments of Service appropriate to and for use in their execution of the Wmic.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for
similar purposes in connection with the Project is permitted. Any unauthorized use of the Instmments of
Service shall be at City's sole risk and without liability to Engineer and its Engineers.
Prior to Engineer providing to City any Instruments of Service in electronic form or City
providing to Engineer any electronic data for incorporation into the Instruments of Service, City and
Engineer shall by separate written contract set forth the specific conditions governing the format of such
Instmments of Service or electronic data, including any special limitations not otherwise provided in this
Contract. Any electronic files are provided by Engineer for the convenience of City, and use of them is
at City's sole risk. In the case of any defects in electronic files or any discrepancies between them and
any hardcopy of the same documents prepared by Engineer, the hardcopy shall prevail. Only printed
copies of documents conveyed by Engineer shall be relied upon.
Engineer shall have no liability for changes made to the drawings by other engineers subsequent
to the completion of the Project. Any such change shall be sealed by the engineer making that change
and shall be appropriately marked to reflect what was changed or modified.
ARTICLE 15
PERSONNEL. EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at its own expense, quarters for the performance of all
Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering
Services as required. All employees of Engineer shall have such knowledge and experience as will
enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of
City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall
immediately be removed from association with the project when so instructed by City. Engineer
certifies that it presently has adequate qualified personnel in its employment for performance of the
Engineering Services required under this Contract, or will obtain such personnel from sources other
than City. Engineer may not change the Project Manager without prior written consent of City.
ARTICLE 16
SUBCONTRACTING
Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under
this Contract without prior written approval from City. All subcontracts shall include the provisions
required in this Contract and shall be approved as to form, in writing, by City prior to Engineering
Services being performed under the subcontract. No subcontract shall relieve Engineer of any
responsibilities under this Contract.
ARTICLE 17
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the Engineering Services performed or being performed hereunder and the
premises on which it is being performed. If any review or evaluation is made on the premises of
Engineer or a subcontractor, then Engineer shall provide and requite its subcontractors to provide all
reasonable facilities and assistance for the safety and convenience of City or other representatives in the
performance of their duties.
ARTICLE 1S
All applicable study reports shall be submitted in preliminary form for approval by City before
any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any
final report.
ARTICLE 19
VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT
Violation of contract teens or breach of contract by Engineer shall be grounds for termination of
this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation
of contract terms shall be paid by Engineer.
ARTICLE 20
TERMINATION
This Contract may be terminated as set forth below.
(1) By mutual agreement and consent, in writing, of both parties.
(2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the Engineering Services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon
not less that thirty (30) days' written notice to Engineer.
(5) By satisfactory completion of all Engineering Services and obligations described herein.
Should City terminate this Contract as herein provided, no fees other than fees due and payable
at the time of termination shall thereafter be paid to Engineer. In determining the value of the
Engineering Services performed by Engineer prior to termination, City shall be the sole judge.
Compensation for Engineering Services at termination will be based on a percentage of the Engineering
Services completed at drat time. Should City terminate this Contract under Subsection (4) immediately
above, then the amount charged during the thirty -day notice period shall not exceed the amount charged
during the preceding thirty (30) days.
If Engineer defaults in the performance of this Contract or if City terminates this Contract for
fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer
in performing the Engineering Services to the date of default, the amount of Engineering Services
required which was satisfactorily completed to date of default, the value of the Engineering Services
which are usable to City, the cost to City of employing another firm to complete the Engineering
Services required and the time required to do so, and other factors which affect the value to City of the
Engineering Services performed at the time of default.
The termination of this Contract and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the
obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take
over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be
liable to City for any additional and reasonable costs incurred by City.
Engineer shall be responsible for the settlement of all contractual and administrative issues
arising out of any procurements made by Engineer in support of the Engineering Services under this
Contract.
ARTICLE 21
COMPLIANCE WITH LAWS
(1) Compliance. Engineer shall comply with all applicable federal, state and local laws,
statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or
administrative bodies or tribunals in any manner affecting the performance of this Contract, including
without limitation, mininmmi/maximum salary and wage statutes and regulations, and licensing laws
and regulations. Engineer shall furnish City with satisfactory proof of his/Irerrts compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
Engineering Services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the
Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions
of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE 22
Engineer shall save and hold harmless City and its officers and employees from all claims and
liabilities due to activities of his/her/itself and his/her/its agents or employees, performed trader this
Contract, which are caused by or which result from the negligent error, omission, or negligent act of
Engineer or of any person employed by Engineer or under Engineer's direction or control.
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Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending
claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer,
its agents, or employees.
ARTICLE 23
Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall
promptly make necessary revisions or corrections to its work product resulting from errors, omissions,
or negligent acts, and same shall be done without compensation. City shall determine Engineer's
responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be
relieved of responsibility for subsequent correction of any such errors or omissions in its work product,
or for clarification of any ambiguities until atter the construction phase of the project has been
completed.
ARTICLE 24
ENGINEER'S SEAL
The responsible engineer shall sign, seal and date all appropriate engineering submissions to
City in accordance with the Texas Engineering Practice Act and the rules of the State Board of
Registration for Professional Engineers.
ARTICLE 25
NON -COLLUSION. FINANCIAL INTEREST PROHIBITED
(1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company
or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this
Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, City reserves and
shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to
deduct from the contract price or compensation, or to otherwise recover, the £till amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
(2) Financial Interest Prohibited. Engineer covenants and represents that Engineer,
his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest,
direct or indirect, in the purchase or sale of any product, materials or equipment that will be
recommended or required for the construction of the project.
ARTICLE 26
INSURANCE
(1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire
term while this Contract is in effect professional liability insurance coverage in the minimum amount of
One Million Dollars per claim from a company authorized to do insurance business in Texas and
11
otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of
any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its
insurer.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each Subconsultant performing work under this Contract to maintain
during the term of this Contract, at the suboonsultant's own expense, the same stipulated minimum
insurance required in Article 26, Section (1) above, including the required provisions and additional
policy conditions as shown below in Article 26, Section (3).
Engineer shall obtain and monitor the certificates of insurance from each subcons iltant in order
to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance
for the duration of this Contract, and shall have the responsibility of enforcing these insurance
requirements among its subconsuhants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
(3) Insurance Policy Endorsements. Each insurance policy shall include the following
conditions by endorsement to the policy:
(a) Engineer shall notify City thirty (30) days prior to the expiration, cancellation, non-
renewal or any materiel change in coverage, and such notice thereof shall be given to
City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
(4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum
coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein
entitled "Certificates of Insurance."
ARTICLE 27
COPYRIGHTS
City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or
otherwise use, and to authorize other: to use, any reports developed by Engineer for governmental
purposes.
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ARTICLE 28
SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and inure to the benefit of the parties hereto, their
successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any
interest in this Contract, in whole or in pail, by operation of law or otherwise, without obtaining the
prior written consent of City.
ARTICLE 29
SEVERABILITY
In the event any one or more of the provisions contained in this Contract shall for any reason be
held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or
unenforceability shall not affect any other provision thereof and this Contract shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
This Contract constitutes tine sole agreement of the parties hereto, and supersedes any prior
understandings or written or oral contracts between the parties respecting the subject matter defined
herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto
in writing. -
ARTICLE 31
ENGINEER'S ACCOUNTING RECORDS
Records pertaining to the project, and records of accounts between City and Engineer, shall be
kept on a generally recognized accounting basis and shall be available to City or its authorized
representatives at mutually convenient times. The City reserves the right to review all records it deems
relevant which are related to this Contract.
ARTICLE 32
NOTICES
All notices to either party by the other required under this Contract shall be personally delivered
or mailed to such party at the following respective addresses:
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
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and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Jim Carrillo
Vice President
4030 W. Braker Lane, Suite 450
Austin, TX 78759
ARTICLE 33
GENERAL PROVISIONS
(1) Time is of the Essence. Engineer understands and agrees that time is of the essence and
that any failure of Engineer to complete the Engineering Services for each phase of this Contract within
the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully
responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with
the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage
is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the
extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal
rights or remedies.
(2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if
prevented from performing any of their obligations hereunder by reasons for which they are not
responsible or circumstances beyond their control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
(3) Enforcement and Venue. 'this Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for sante shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of
the State of Texas.
(4) Standard of Performance. The standard of care for all professional engineering,
consulting and related services performed or furnished by Engineer and its employees under this
Contract will be the care and skill ordinarily used by members of Engineer's profession practicing
under the same or similar circumstances at the same time and in the same locality. Excepting Articles
25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise,
in connection with the Engineering Services.
14
(5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction
cost provided by Engineer are made on the basis of information available to Engineer and on the basis
of Engineer's experience and qualifications and represents its judgment as an experienced and qualified
professional engineer. However, since Engineer has no control over the cost of labor, materials,
equipment or services furnished by others, or over the contractor(s') methods of determining prices, or
over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or
actual project or construction cost will not vary from opinions of probable cost Engineer prepares.
(6) Opinions and Determinations. Where the terms of this Contract provide for action to be
based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are
not intended to be and shall never be construed as permitting such opinion, judgment, approval, review,
or determination to be arbitrary, capricious, or unreasonable.
ARTICLE 34
SIGNATORY WARRANTY
The undersigned signatory for Engineer horeby represents and warrants that the signatory is an
officer of the organization for which he/she has executed this Contract and that he/she has full and
complete authority to enter into this Contract on behalf of the firm. Tire above -stated representations
and warranties are made for the purpose of inducing City to enter into this Contract.
1N WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through
its duly authorized representative(s), thereby binding the patties hereto, their successors, assigns and
representatives for the faithful and full performance of the terms and provisions hereof.
CITY O OUND ROCK, TEXAS
By:
AlawMe6ra r N,adley ,
t M"v-
ATTEST: ���� nne�nn
Ey: npy1 - • UIX.�
Sara L. White, City Clerk
H l A� 'OCIATES, INC.
Ey: Cz
Signa rreofPrinci l
Print Neme: �Oe t - &YV L I 6
15
APP VED AS Tq FORM:
StepW L. Sheets, City Attorney
EXHIBIT A
City Services
Responsibilities and items to be provided by the City of Round Rock are as follows:
• Provide GIS mapping files for the City.
• Provide digital copies of background information as necessary.
• Provide inventory of existing facilities and any necessary conditional assessments.
• Update mapping files in GIS and/or Photoshop as noted in the scope of services.
• Schedule, coordinate and attend meetings as noted in the scope of services.
• Provide text and formatting for appropriate chapters as noted in the scope of
services.
• Provide cost information and general cost estimates as noted in the scope of
services.
• Organizing and attend City Council presentations, briefings and for public approval
as noted in the scope of services.
• Organize, promote and attend public meetings as noted in the scope of services.
• Conduct responsibilities for tasks as noted in the Scope of Services, Exhibit B.
EXHIBIT B
Engineering Services
Assumptions for this scope are as follows:
1. Halff Associates is providing assistance to City of Round Rock staff in developing
a new master plan for the 2015-2025 timeframe. Round Rock staff will have
primary responsibility for organizing, coordinating and developing the planning
process and the resultant master plan. Round Rock staff responsibilities are
noted in Exhibit A and on a task by task basis in the scope of work in this
Exhibit B.
2. The current master plan document, developed by Halff Associates and City of
Round Rock staff in an InDesign format, will be used as the template and format
for the master plan update so as to maximize the efficient use of City staff and
Halff staff. In general, chapter layout and order will remain the same.
Unnecessary text, or new sections to be added, will be accommodated within the
existing plan format. Some areas may be edited for conciseness as needed.
3. No printing of reports or maps is anticipated under this scope of work. Minor
document or map printing for internal staff or coordination purposes may be
included.
4. A detailed and current inventory of existing parks and data on the condition of
existing parks will be provided by Round Rock parks staff, and will serve as the
basis for the needs assessment and recommendations component of this effort.
5. Halff Associates staff will have primary responsibility for the Goals and Needs
Assessment chapters. Round Rods staff will have primary responsibility for the
Introduction, Round Rock Today, Public Input, Goals and Implementation
chapters. Based on the findings of the Needs Assessment, City staff and Halff
will collaborate on the development of the recommendations chapter.
6. Halff Associates staff will follow the schedule as developed and directed by City
staff.
7. City base mapping and background mapping to be used for this planning effort
Will be generated by the City of Round Rock and provided to Halff Associates.
;;; HALFF
The Scope of Services to be provided is as follows:
Task Performed by Halff
Performed by Round
Associates Inc.
Rock Parks and
Recreation Staff
Kickoff Meeting
Schedule and attend
1. Confirm schedule, discuss —key dates,
Atlentl meeting.
obtain relevant information, and discuss
meeting. Provide
other ongoing or recent efforts. Discuss
digital copies of
areas of current master plan that worked
relevant information.
well, discuss areas where formatting or
content changes are desired.
2. Conduct round table meeting Wth senior
Attend meeting, same
Schedule and attend
leadership from other City departments to
day askickoff meeting.
meeting, same day as
discuss ongoing efforts that may impact
kickoff meeting.
Parks, or other items that may affect the
Parks Master Plan update.
3. Develop workin ro'ect
schedule
City of Round Rock
4. Review background information, relevant
City of Round Rock
efforts. Develo text for document.
Inventory and Demographics
1. Update inventory of existing facilities, or
Assembled and
improvements that are funded and where
confirmed by PARD
development is imminent. Quantify
staff in Excel
numbers of new facilities and add to
spreadsheet format.
Excelspreadsheets.
2. Develop text outline of accomplishments
By PARD staff.
since 2009 master plan, including items
noted in any interim updates.
3. Update conditional assessment of
PARD staff in tablehexl
existing facilities, and note in table
format.
format.
4. Update inventory maps and individual
Assist in developing map
Map updating by
park layout maps.
and title block format in
PARD staff.
Photoshop.
5. Update Inventory chapter, based on
Halff Associates
PARD review and
information provided by City of Round
comment.
Rock staff.
now HALFF
Task Performed by Halff
Performed by Round
Associates Inc.
Rock Parks and
Recreation Staff
6. Update current population and future Insert information
Acquire most recent
growth projections. Update demographic provided by RR Planning
population projections
information from US Census or ESRI Department or ESRI
from Planning
sources. demographic information
Department staff.
_ if more current
7. Assist City staff with updating of Round
Halff Associates to assist
PARD staff to assist in
Rock Today chapter,
in drafting text and
formatting, drafting
formatting.
text''meas,review.
Update Goals and Objectives section
1. Conduct joint meeting with PARD staff
Haiti Associates
PARD Staff
and Halff. Review goals set in 2009 Plan,
draft changes as appropriate.
2. Assist staff with updating text for goals
Haiti Associates to assist
PARD staff to assist in
and objectives section as necessary.
in drafting text and
formatting, drafting
formatting.
text, images, review.
Update Public Input (Critical Component)
1. In conjunction with PARD staff, conduct
Haiti Associates to
PARD Staff to organize
interviews with stakeholders (up to 10),
attend meetings and
and attend meetings.
provide summary.
2. Conduct workshop Win Planning and
Haiti Associates to
PARD staff to schedule
Zoning, Economic Development Board (if
attend meetings and
and attend meetings.
appropriate).
document comments.
3. Conduct workshop with City Council.
Halff Associates to
PARD staff to schedule
attend, assist in leading
develop presentation,
presentation and
assist in leading
document comments.
presentation.
4. Public Opinion Survey— provide input on
Halff Associates to
PARD staff to organize
format and questions to be included in
review and comment,
and conduct survey
telephone survey and on-line survey.
with outside consultant.
5. Conduct one major citywide public
Half Associates to assist
PARD staff to schedule
workshop (prepare presentation, attend
in determining items for
and organize meeting.
meeting and document results).
meeting, attend, assist in
PARD to generate
leading meeting,
maps and exhibits for
document results.
meeting.
6. Prepare summary of public input (all
Halff Associates to work
PARD staff to assist in
forms) and incorporate into the Parks
vdth PARD staff to
drafting text, images,
Master Plan document.
compile, formal and
and formatting, review
assemble in document
and comment.
®; HALFF
Task
Performed by Halff
Performed by Round
Associates Inc.
Rock Parks and
Recreation Staff
Conduct Needs Assessment
1. Meet with PARD staff to discuss ongoing
Meeting with PARD staff.
Organize and attend
trends that may impact RR parks, both
meeting with
locally, regionally and nationally.
Consultant.
2. Update current level of service tables and
Hatff Associates.
PARD review and
quantities (i.e. ratio of parks to
comment.
population, ratio of facilities to
population). Suggest changes if
necessary. Review and determine if
different trends are emer in .
3. Update demand based assessment using
Halff Associates.
PARD review and
participation, usage and league growth
comment.
data provided by PARD staff.
4. Update resource based assessment
Haiti Associates.
PARD review and
section.
comment.
5. Prepare indoor recreation assessment,
Halff Associates, Bill
PARD review and
based on recommendations provided by
Beckner, Ellen
comment.
PARD staff.
O'Sullivan.
6. Prepare athletics/active sports
Haiti Associates, Bill
PARD review and
assessment, based on participation and
Beckner, Ellen
comment.
tournament data provided by PARD staff
O'Sullivan.
(additional task, not included in base
amount).
7. Prepare needs assessment maps and
Haiti Associates.
PARD review and
exhibits.
comment.
8. In conjunction with City staff, identify top
Halff Associates Inc.
PARD review and
5 to 10 key trail gaps or extensions, and
comment.
include in needs assessment chapter.
9. Update trails plates for existing trails and
Halo Associates if
PARD staff to review
key gaps (additional task, not included in
authorized (not included
and comment.
base amount).
in base seo e .
10. Review with PARD staff and adjust as
Halff Associates to
PARD staff to organize
appropriate.
attend.
and attend.
11. Adjust and update current Needs
Haiti Associates.
PARD review and
Assessment chapter for master plan
comment.
report.
ONE
ONE Now
HALFF
Task Performed by Halff
Performed by Round
Associates Inc.
Rock Parks and
Recreation Staff
Update Plan Recommendations
1. Meet with PARD staff to prioritize key
Halff Associates to
PARD to organize and
needs, and discuss potential solutions to
attend.
attend.
address those needs.
2. Develop summary description of each key
Halff Associates to
_
City staff to collaborate
recommendation in text and mapping
collaborate with PARD
in developing draft
format. Where appropriate, develop
staff to develop draft
recommendations and
concepts or illustrations as needed.
recommendations and
description of action
description of action text,
text. PARD to develop
based on discussion in
key conceptstmapping
Step 1 above.
for recommendations
as necessary,
3. Develop cost estimates for each
Halff Associates to
PARD to develop cost
recommendation.
review and comment.
estimate ranges (using
recent construction
history.
4. Prioritize recommendations and develop
Hatt Associates to
PARD staff to review
action plan table. Review with staff and
prepare draft action plan
and comment.
adjust as appropriate,
with project priodtization,
5. incorporate trails recommendations.
Haiti Associates to
PARD staff to develop
develop text and table for
key maps and
recommendations.
illustrations.
6. Prepare maps or illustrations for any
Halff Associates to
PARD staff to develop
completely new major recommendations.
review and comment.
key maps and
illustrations.
1. Prepare draft document by updating with
Halff Associates to
PARD staff to prepare
text, maps, covers, dividers and
review draft document
draft document in PDF
illustrations prepared in prior steps.
and comment.
format for distribution
for review comment.
2. Review with PARD staff and adjust as
Halff Associates to
PARD staff to
appropriate per comments received.
attend,
coordinate and attend.
3. Present to Planning and Zoning
Haiti Associates to assist
PARD staff to schedule
Commission in Workshop if necessary).
in presenting as needed.
and lead presentation.
4. Present to City Council in Workshop.
Halff Associates to assist
PARD staff to schedule
in presenting. as
and lead presentation
appropriate.
to City Council.
5. Approval at City Council
PARD staff to schedule
and lead agenda Item.
:CC HALFF
6. Submit to Texas Parks and Wildlife for
_
City staff to prepare
review and comment,
digital copy, submit to
TPWD electronicall .
7. Modify final document per TPWD
Halff Associates (as
PARD staff to review
recommendations.
appropriate)
and comment.
8. Coordinate printing of final document.
NA
PARD staff to
coordinate printing as
appropriate.
EXHIBIT C
Work Schedule
The timeframe for the scope of work described in Exhibit A above is approximately six
to eight months, excluding the time when the public survey is being conducted. Halff
Associates is prepared to begin this scope of work immediately. All work is projected to
be completed by August 2016.
EXHIBIT D
Fee Schedule
Halff Associates, Inc. will provide this scope of services on an hourly basis for a not -to -
exceed amount of $30,000. Any additional amounts over this budget must be approved
by the City of Round before being initiated.
Reimbursable expenditures, such as printing, reproduction, photography or travel
related expenses are not included in the lump sum amount above and will be billed
separately as they are Incurred. A fee of 10% will be added to reimbursable expenses
to cover accounting and record keeping requirements. A not to exceed budget of $500
is established for reimbursable expenses, and will be used only as necessary.
Invoices will be submitted monthly based on the percentage of effort completed to that
point.
EXHIBIT E
Certificates of Insurance
Attached Behind This Page
dCERTIFICATE OF LIABILITY INSURANCE
2/13/22015
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(% AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: I the certificate holder Is an ADDITIONAL INSURED, the pollcy8ro) must be endore0d. If SUBROGATION IS WANED, subject to
the terms and condltlons of the policy, certain policies may require an endorsement. A statement on this certificate does Trot Confer rights to the
certificate banks In Ran of such endorsemen(s).
IWPCCE0.
Ball Insurance
16980 Dallas Parkway8230
Dallas TX 75248
,aME^CT Candy Caehring
PxoxE .(992)581-4800 r (rytle<1-aes0
E'rwL .cgoehring@bellgroup.wa
IXSVXF. e A NOCCYaGaE MCa
INSURER A Massachusetts Day 22306
waves.
Half£ Associates, Inc.
1201 N. Bowser
Richardson TX 75081
,wa.a.Allaerica Financial Benefit 41840
INEURERe:The Hanover Ins. Co. 22292
IIMURERD:Ironshons SNacialty Ins. Co. 25445
ln.S RERE:
msu.. I:
Master 2NIL
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE MEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT LMTH RESPECT TO NMICH THIS
CERTIFICATE IAAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCHES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS MOM MAY HAVE BEEN REDUCED BY PAID CLAIMS,
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CERTIFICATE HOLDER CANCELLATION
ACORD 25 )2010/06) 01888-2010 ACORD CORPORATION. All righte reserved.
IN80261mraosiot The ACORD name and logo are registered marks of ACORO
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Bock
ACCORDANCEWITH THE POLICY PROVISIONS
Parke i Recreation Department
AUTH09MREPRESEWAME
221 E. Main Street
Round Rock, TX 78664-5299y
T J. Ashley/CANDY '
ACORD 25 )2010/06) 01888-2010 ACORD CORPORATION. All righte reserved.
IN80261mraosiot The ACORD name and logo are registered marks of ACORO