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R-86-880 - 6/12/1986AGREEMENT TO FURNISH MASTER PLANNING SERVICES TO THE CITY OF ROUND ROCK, TEXAS FOR THE CITY PARK THIS AGREEMENT, made and entered into this /� th day of 191, between the THE CITY OF ROUND ROCK, TE hereinafter called the "City ", and THK ASSOCIATES, INC., hereinafter called the "Landscape Archi- tect ", is as follows: WHEREAS, the Owner wishes to design and master plan THE ROUND ROCK CITY PARK, hereinafter called the "Project "; and WHEREAS, the Owner desires to engage the Landscape Architect to render the professional master planning services described in this Agreement and the Landscape Architect is qualified and willing to perform such services; and WHEREAS, sufficient authority exists in charter and statute and sufficient funds have been budgeted for these purposes and are available and other necessary approvals have been obtained; NOW, THEREFORE, in consideration of the mutual understandings and agree- ments set forth, the Owner and the Landscape Architect agree as follows: I. THE PROJECT The Project consists of project organization, scheduling and programming, site analysis, inventory and data collection, site analysis /program synthe- sis, conceptual design development, and a final master plan for the City Park in the City of Round Rock, Texas. II. LANDSCAPE ARCHITECT'S SERVICES AND RESPONSIBILITIES The Landscape Architect will provide the professional and technical ser- vices as described in Appendix A, attached hereto and incorporated herein by this reference. The Landscape Architect further agrees to provide the following services: A. The Landscape Architect shall at all times represent the best interests of the Owner. The Landscape Architect agrees to perform professional services incident to design, master planning, and preparation of the necessary plans and reports for the contemplated project, meetings, general accounting and project administration, and direct project costs. This Agreement is based on the Scope of Services described in the THK Proposal, "Master Planning Services for the City Park for The City of Round Rock, Texas ", dated May 23, 1986. B. The Landscape Architect shall review with the Owner, alternative approaches to the design and master planning of the Project. C. Based on the mutually accepted program and Project budget requirements, the Landscape Architect shall prepare for approval by the Owner Master Planning Documents consisting of drawings, master plans and other docu- ments appropriate for the Project, and shall submit to the Owner a statement of probable construction cost. D. The Landscape Architect shall coordinate closely with the Owner's staff in all phases of the Project, and shall provide conference reports and other necessary documentation, at the end of each phase of work and following meetings outlining work completed, decisions made, and recom- mendations or directions given. III. OWNER'S SERVICES AND RESPONSIBILITIES A. So far as the project contemplated by the Agreement may require, the Landscape Architect and his subconsultants shall be provided informa- tion as to the rights, restrictions, easements, surface water courses and boundaries of the project site, and all available utilities draw- ings. The Owner shall furnish all such data to the Landscape Architect or at its option may require the Landscape Architect to procure such information in which event the cost incident thereto shall either be paid directly by the Owner or reimbursed to the Landscape Architect as the Landscape Architect may request. B. In addition to the foregoing, the Owner shall furnish to the Landscape Architect the following services: 1. Provide prompt decisions on selection of design alternatives, materials and equipment. 2. Provide prompt written approval of all plans or design drawings for approvals required by this agreement. 3. If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with Standards or Codes, prompt written noticed thereof shall be given by the Owner to the Landscape Architect. 4. The Owner shall furnish required information and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the Landscape Architect's services and of the work. IV. ADDITIONAL SERVICES When authorized by the Owner, the Landscape Architect agrees to furnish or obtain from others, additional professional services in connection with the Project due to changes in the scope of the Project or its design, (includ- ing but not limited to change in size, complexity, program, schedule, or product quantity /quality). V. LANDSCAPE ARCHITECT'S FEE Hourly Basis Per Scheduled Rates. The compensation for the Services shall be at the Landscape Architect's standard billing rates, as contained in Appendix B, attached hereto and incorporated herein by this reference, including reimbursable expenses as described therein. The maximum amount billable under this Agreement shall not exceed $107,519.20. The Landscape Architect shall submit invoices to the Owner on a monthly basis for Services rendered during the preceeding month, such invoices to be in such form and detail as shall reasonably be required by the Owner. Reimbursable expenses shall be itemized. The Owner agrees to pay the Landscape Archi- tect within thirty (30) days of receipt of properly documented invoices. VI. COMMENCEMENT AND COMPLETION OF SERVICES The Landscape Architect understands and agrees that time is an essential requirement of this Agreement. The Services shall be completed as soon as good practice and due diligence will permit. In any event, the Services shall be completed within six months after the Landscape Architect receives notice to proceed, exclusive of time lost or due to delays beyond the control of the Landscape Architect. VII. TERMINATION A. This Agreement may be terminated by either party upon fifteen (15) days prior written notice to the other party in the event of a substantial failure by the other party to fulfill its obligations under this Agree- ment through no fault of the terminating party. B. This Agreement may be terminated by the Owner for its convenience upon fifteen (15) days prior written notice to the Landscape Architect. C. In the event of termination as provided in this Article, the Owner shall pay the Landscape Architect in full for Services performed to the date of notice of termination, plus any Services the Owner deems neces- sary during the notice period. Said compensation shall be paid upon the Landscape Architect delivering or otherwise making available to the Owner all data, drawing, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Landscape Architect in performing the Services included in this Agreement, whether completed or in progress. VIII. INSURANCE During the course for the Services, the Landscape Architect shall maintain Workmen's Compensation Insurance in accordance with the Workmen's Compensa- tion Insurance laws of the State of Colorado, Professional Liability Insur- ance, Comprehensive General Liability Insurance, to include contractual liability insurance, and such other insurance as may be mutually agreed upon by the parties. All such insurance shall, to the extent available to the Landscape Architect, be maintained in such amounts as are normally carried by the Landscape Architect on comparable projects or in such addi- tional amounts as may be mutually agreed upon by the parties. IX. EQUAL EMPLOYMENT OPPORTUNITY In connection with the execution of this Agreement, the Landscape Architect shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to the following: employment; upgrading, demotion or transfer; recruitment or recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. X. PROHIBITED INTEREST A. The Landscape Architect agrees that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The Landscape Architect further agrees that in the perform- ance of the Agreement, no person having any such interests shall be employed. B. No official or employee of the Owner shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. XI. GENERAL PROVISIONS A. Independent Contractor. In the performance of the Services, the Land- scape Architect s all act as an independent contractor and not as agent of the Owner except to the extent the Landscape Architect is specif- ically authorized to act as agent of the Owner. B. Books and Records. The Landscape Architect's books and records with respect to the Services and reimbursable cost shall be kept in accord- ance with recognized accounting principles and practices, consistently applied, and will be made available for the Owner's inspection at all reasonable times at the places where the same may be kept. The Land- scape Architect shall not be required to retain such books and records for more than three (3) years after completion of the Services. C. Ownership of Drawings. All plans, drawings, specifications and the like relating to the Services shall be the joint property of the Owner and Landscape Architect. Upon completion of the services, or at such other time as the Owner may require, the Landscape Architect shall deliver to the Owner a complete corrected set of drawings and such additional copies thereof as the Owner may request. The plans, draw- ings, specifications and the like may be used by the Owner on other projects, but the Landscape Architect shall not be held liable for design or construction standards or practices in any way. D. Responsibility; Liability. The Landscape Architect warrants that it will exercise in its performance of the Services the standard of care normally exercised by nationally recognized Landscape Architectural organizations engaged in performing comparable services. The Land- scape Architect shall be liable to the Owner for any loss, damages or costs incurred by the Owner for the repair, replacement or correction of any part of the Project which is deficient or defective as a result of any failure of the Landscape Architect to comply with said warranty. The Landscape Architect shall indemnify and hold harmless the Owner and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the Services, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Project itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Landscape Architect, any subcon- tractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduced any other right or obligation of indemnity which would other- wise exist as to any party or person described in this paragraph. In any and all claims against the Owner or any of its agents or employees by any employee of the Landscape Architect, any subcon- tractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Landscape Architect or any subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. E. Communications. All communications relating to the day -to -day activi- ties for the Project shall be exchanged between the respective Project representatives of the Owner and the Landscape Architect who will be designated by the parties promptly upon commencement of the Services. All other notices and communications in writing required or permitted hereunder shall be delivered personally to the respective representa- tives of the Owner and the Landscape Architect set forth below or shall be mailed by registered mail, postage prepaid, return receipt requested to the parties at their addresses shown herein. Notices hereunder shall be effective three (3) days after mailing. F. Assignment. The Landscape Architect shall not assign this Agreement in whole or in part without the prior written consent of the Owner; provided, however, that such consent shall not be unreasonably withheld with respect to assignments to the Landscape Architect's affiliated or subsidiary companies, and provided further that any such assignment shall not relieve the Landscape Architect of any of its obligations under this Agreement. G. Applicable Laws. This Agreement, and all questions concerning the execution, validity or invalidity, capacity of the parties, and the performance of this Agreement, shall be interpreted in all respects in accordance with the laws of the State of Colorado. H. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the Services for the Project. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date first appearing above. THK ASSO ATES, INC. By: Tit nton, Principal ATTEST: CITY OF ROUND ROCK, TEXAS Title: MA '. ATTEST: APPROVED AS TO LEGAL FORM AND CONTENT: BY: APPENDIX A PROFESSIONAL AND TECHNICAL SERVICES Task 1. Products: - Revised project work schedule and time line. - Revised meeting and presentation schedule. - Meeting with staff and Review Committee.( *) - Meeting conference reports. a socia es, inc. This section of the proposal describes the detailed tasks of THK's approach to the organization, analysis, design and master planning of the City Park. The project work plan is prepared in outline form in order to clear- ly indicate our purpose, specific tasks and procedures. Included with the project work plan is a work plan chart and time schedule indicating the sequence in which tasks are completed and the estimated amount of time allotted to each task. TASK 1: Project Organization, Scheduling and Review During this initial task, the project manager and other key consultant per- sonnel will meet with the City staff and Review Committee to review the specific elements and strategy necessary for proceeding with the analysis, programming and master planning for the City Park. These initial meetings are carried out to insure that the capabilities, knowledge and concerns of the staff, consultants, task group, council and other individuals are utilized to the best advantage of the project team. Specific items and products would include: A. Identify staff contact person, identify key consultant personnel, select Project Review Committee members. 8. Review project assignments and responsibilities of consultant team. C. Review project schedule, time line and work plan, and make adjustments as necessary. D. Discuss and set project goals and objectives with Committee and staff. E. Develop review process procedures. F. Review general study area boundaries for the project and obtain exist- ing base mapping data, plans and other existing materials. Review information with staff. G. Review recreational user information developed by the Parks and Recreation Dept. Discuss preliminary program development expectations and research additional recreation needs within the City. Discuss concerns and parameters of economic review. associa es, inc. Task 2. Site Analysis, Inventory and Data Collection This task shall entail the detailed inventory and analysis of the City Park site in order to identify all potential opportunities and constraints related to the development of recreational facilities. The existing base information and other data from the City and other groups will be reviewed and any new information found will be added to this material. Other site influences, physical, economic, demographic, or political, will be investi- gated to determine their affect on future development. All information will be compiled on maps and /or reports in a clear and concise format. The inventory will also form the base for the Environmental Impact Statement and Archeological Study. This information will include but not be limited to the following: A. Review existing base information, existing land uses, City parks and recreation plan, trails plan, and identify conflicts, opportunities or influences. B. Identify and study site areas which have adequate acreage for proposed new development and improved facilities. C. Review and evaluate present facilities to determine compliance with the Texas Outdoor Recreation Plan. Determination of current supply and condition of services offered will also be conducted. All facili- ties which are not in compliance with the plan will be identified and reasons for non - compliance will be specifically outlined. D. Review all existing data related to demographic, economic and environ- mental issues, and analyze to characterize the study area. This will include employment, population, household, housing construction, commercial construction, age, sex and income characteristics, major active and proposed projects in the Round Rock area and other relevant influences. E. Conduct a program input workshop with the Citizen's Task Force in order to evaluate the desires and expectations of the local communty to the development of the Park site. F. Develop a site inventory and analysis study procedure to identify influences affecting the site. This study would be conducted on the entire site and would include the following: 1. Identification of severe, moderate and slight slopes. 2. Identification of surficial and bedrock formations. 3. Identification of areas most and least suitable for new improve- ments and other structures. associates, inc. 4. Identification and evaluation of existing uses, facilities, improvements or structures. 5. Site drainage problems, wetland areas, and water bodies. 6. Vehicle and pedestrian accessibility. 7. Sun and wind influences and other climatic concerns. 8. Areas of vegetation succession /sensitivity, environmental damage. 9. Identification of on- site /off -site views which affect site visual quality. 10. Influences to surrounding land parcels and vice versa. 11. Local infrastructure and facilities access, especially fire, police, emergency and maintenance. 12. Highway and collection street influences. 13. Existing and proposed uses for adjacent property. 14. Land development regulations and codes. 15. Existing water, sanitary, storm drainage, electrical and other utilities. D. The site analysis and data collection information will be compiled on apropriately scaled maps and written text for review with the staff and Review Committee. Task 2. Products: -Base maps with relevant survey information at appropriate scale. - Site analysis /inventory map at appropriate scale. - Demographic /land uses map at appropriate scale. - Interim report of analysis and data collection influences. -Slide documentation of entire study area. - Workshop with Citizen's Task Force.( *) - Meeting with staff and Review Committee.( *) - Meeting conference reports. Task 3. Program Development /Schematic Synthesis Upon completion of site analysis, inventory and data collection efforts as described above, and with the summation of applicable existing data, a pre- liminary recreation program will be developed for review with the City staff and Review Committee. In addition, all trends and issues affecting the recreational needs of the City will be identified and evaluated against the preliminary program. associates, inc. A public meeting would then be conducted for the purpose of obtaining public opinion on the preliminary recreation program. The public meeting would include a presentation of the data collection efforts, an presenta- tion session related to the preliminary program, and time for questions and answers. After public input is obtained and recommendations reviewed and applied, THK Associates will synthesize the site analysis data with the programming data in order to determine the most beneficial locations for desired recre- ation facilities, and to finalize the recreation program. This effort will allow the identification or verification of the proposed program elements within the Park site and will demonstrate the basis upon which the site selection was derived. This effort will also identify the types and probable magnitude of environmental /ecological impacts and con- straints, and thus indicate the type and magnitude of any mitigation required. The site analysis data, when coupled with the final site program elements, will provide the basis for final site selection and conceptual design plans. Task 3 work elements would include: A. Schematic feasibility plans which would indicate the general locations of site elements and relative sizes. This is important in determining if the site can adequately support the proposed new facilities. These plans would be prepared in a rough sketch diagramatic format. B. The site analysis /program synthesis information will be prepared in the form of charts and supporting text and will support the schematic feasibility plans. C. Review of site selection data and schematic plans with the staff and Review Committee. Solicitation of input and response. D. After input is obtained and recommendations reviewed and applied, THK Associates will prepare an interim report outlining the final sche- matic plan relationships and comments given by the Project Review Committee. Task 3. Products: -Three (3) schematic plan alternatives. -Final development program. -Site analysis /program synthesis information. -Task Force review workshop.( *) - Meetings with staff and Project Review Committee.( *)( *) - Public meeting.( *) - Meeting conference reports. - Interim report of meeting summaries and schematic design information. associa es, inc. Task 4. Conceptual Design Development Based upon the input received from the review meetings toward the final schematic alternative plans, a number of more detailed Design Concept alternative plans will be prepared by the Design Team using a design 'charette' format. Each concept will be developed to emphasize various site development and multi -use opportunities where practical, and will provide more detail concerning design vocabulary, standards, site location and size, materials selection, and options for further design effort. Each concept will seek to optimize development opportunities, yet will be clearly different where practical in its overall design. Each concept will be accompanied with illustrative sections and text describing the intent and purpose of each design. Concept development plans will be prepared at an appropriate scale for the entire site, including enlargements for areas needing greater detail. A. The type of factors which will be indicated on each alternative con- cept include: 1. Entry areas. 2. Circulation and parking areas. 3. Recreational facility types, sizes, locations, and architectural concepts. 4. Open space areas and trail connections. 5. Support building locations and treatments of existing facilities and structures. 6. Landscape buffer treatments. 7. Pedestrian walks and connections. 8. Utility locations. 9. Water quantity projections, potable and irrigation. 10. Preliminary gross cost estimates. Care will be taken to demonstrate the qualitative differences among the various designs while emphasizing the pros and cons to each alter- native. B. Review meetings would be held with staff and the Review Committee to solicit input and direction in regard to conceptual alternatives. C. The conceptual designs would then be presented to the City Council for comment and input. Also, another public meeting would be held to pre- sent the conceptual alternatives and to solicit public response. D. Following review and input, the desired design concept(s) would be refined for the entire site area by the design team, and reviewed again with the Review Committee and staff. E. The base line study of site conditions (before action) for the Environmental Impact Statement would be conducted during this time period. associates, inc. Task 4. Products: -Three (3) concept alternative plans for entire site area, enlarged area concepts as required. - Illustrative sections as required. - Typical details and design vocabulary. - Meetings with staff and Review Committee.( *)( *) - Presentations to City Council and public.( *)( *) - Refined concept alternative plan. - Meeting conference reports. - Interim report of meeting summaries and concept design information. Task 5. Final Master Plan The final Master Plan would entail the graphic and written display of all elements of the final concept plan. These would include, but not be limited to: A. Rendered final Master Plan (full scale colored plan) of the entire site including detailed area subplans. B. Reproducible mylars of all plans and drawings. C. Supportive sections and sketch perspectives as appropriate. D. Graphic documents and supportive maps indicating surrounding demo- graphics and land uses. E. A development phasing plan shall be prepared clearly showing the pro- posed incremental development objectives. The development phasing plan is intended to provide a reasonable and feasible guideline to future park development and shall be related to the City's Capital Improvement Program. F. Cost estimates for the final Master Plan shall be prepared and will be broken down according to the phases shown on the phasing plans. These estimates will serve as the basis for future budget projections. G. A final utility development study will be formulated from the plan which will indicate the different types of utility improvements required. Water quantity calculations will be compiled to determine the total quantity of water needed for potable use and irrigation purposes. This study is extremely helpful in determining whether pumping plants, sanitary, or other utility improvements will be needed as the future phases of the development are implemented. H. Final Environmental Impact Statement indicating the impact after the action. I. Maintenance recommendations and guidelines will be provided which will relate to the needs and requirements of the City Park. associa es, inc. J. All of the above shall be compiled into an 8 -1/2" x 11" format which shall become an integral part of the final Master Plan document. The final product report shall contain written text summaries of all site analysis and data collection information, site analysis and program synthesis conclusions, phasing plans, cost estimates and reduced fold -out copies of concept and final master plans. The final report will also include a brief non - technical brochure for use as a general information tool. This would include a reduced sized Master Plan, a general narrative of the park development and an interpretive plan. The Consultant will provide the camera -ready artwork for the brochure to the City. Task 5. Products: -See above. - Review meeting with staff and Review Committee.( *) - Presentation of final master plan to City Council.( *) - Twenty (20) copies of final project report bound in three -ring binders, one (1) clean copy for future reproduction (unbound). - Environmental Impact Statement report. - Conference reports. ( *) Indicates schduled meetings included in THK's cost proposal. Thirteen meetings are programmed throughout the schedule. Proposed professional fees for the City Park Master Plan are itemized by the previously described work plan tasks and include all in -house labor costs. Proposed fee costs, by task, are as follows: Task Task 1. Project Organization, Scheduling & Review Task 2. Site Analysis, Inventory & Data Collection Task 3. Program Development /Schematic Synthesis Task 4. Conceptual Design Development Task 5. Final Master Plan Subtotal Professional Fees Direct Expenses 1. Materials, supplies, reproduction, etc. 2. Travel, mileage, lodging, meals, etc. Subtotal Expenses APPENDIX B PROFESSIONAL SERYrCE FEES SUBTOTAL PROFESSIONAL FEES AND EXPENSES 15% CONTINGENCY FEES 1. Additional Planning Fees. 2. Additional Public Meetings or Staff Meetings. 3. Direct Expenses for those meetings. 4. Additional services as requested by the City of Round Rock, Texas. NOTE: Any use of Contingency fees will be authorized by the City of Round Rock, Texas prior to production of any services performed by THK Associates, Inc. SUBTOTAL 15% CONTINGENCY FEE $13,111.20 SUBTOTAL PROFESSIONAL FEES, DIRECT EXPENSES AND 15% CONTINGENCY $100,519.20 ARCHEOLOGICAL SUBCONSULTANT The services of "Lone Star Archeological Services" to assist THK Associates, Inc. in their services on The City Park of Round Rock. Subconsultant fees are billed at cost. SUBTOTAL ARCHEOLOGICAL SUBCONSULTANT $ 7,000.00 GRAND TOTAL ALL FEES Fee associates, inc. $ 3,046.00 12,916.00 13,352.00 18,560.00 27,454.00 $75,328.00 $ 1,800.00 10,280.00 $12,080.00 $87,408.00 $107,519.20 Subconsu 1 tants associa ea, inc. At this time, it is not anticipated that in -depth architectural or engineering or other professional service other than those already listed in the cost proposal will be required for the master planning phase. However, if additional professional expertise is needed during the course of the planning process, then these additional services will be negotiated with the City prior to beginning our work and will be billed at cost without mark up. Direct Expense Summary Direct expenditures include such items as mileage (at 30f /mile), printing, photography, reproduction, xeroxing, supplies, round trip coach air fare, lodging, car rental, meals, etc. These expenses are billed on a "cost incurred" basis without override. Major expenditures are anticipated to be associated with graphics reproduction and the printing of the final master plan documents, reports and travel. (Printing of the information brochures is not included in direct expenses.) Method of Cost Project costs are a result of applying the billable rates of the personnel involved in the project to the man hours devoted to each task. Hourly billing rates include provisions for salaries, fringe benefits, overhead including general administrative expenses and profit. Proposed fee costs are derived by applying projected man -hours anticipated for each work task. Hourly Fee Summary/Method of Payment The hourly rates listed below include normal overhead, profit and admini- strative costs; however, direct costs such as printing, reproduction, photography, xeroxing, mileage, etc., will be charged in addition to the proposed fees at our cost as shown. Additional services will be charged as negotiated. Billing will be submitted monthly on a "work completed" basis, with payment due within thirty (30) days. Ten percent retainage will be withheld from each progress payment until the completion of all work. If the owner finds it necessary during the course of work to add services performed by THK, the following hourly rates shall be used for hourly work or against a negotiated price agreed upon by both parties: Principal Project Manager* Senior Designer* Professional* Technical* Clerical $85.00 /hour $60.00 /hour $50.00 /hour $40.00 /hour $30.00 /hour $22.00 /hour *Rates utilized to perform the majority of the work. Professional Liability Insurance THK Associates, Inc. carries Professional Liability Insurance in the amount of $500,000. Detailed information concerning insurance carrier, limits of liability and liability maximums will be furnished at time of contract negotiation with the City of Round Rock. ldv4lva: ,vlilv,y� MISCELLANEOUS PROFESSIONAL LIABILITY POLICY THIS IS A CLAIMS MADE POLICY —READ IT CAREFULLY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. ADMINISTRATIVE OFFICES 70 PINE STREET NEW YORK,N.Y. 10270 A Stock Insurance Company (Herein Called The Company) NOTICE: THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS SHALL BE REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE. FURTHER NOTE THAT AMOUNTS INCURRED FOR LEGAL DEFENSE SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT. RENEWAL OF: Item 1: Insured: MK Associates, Inc. DECLARATIONS POLICY NUMBER: MPL 181 68 11 Address: 40 Inverness Drive East Englewood, CO 80112 Item 2. Policy Period: From: May 06,1986 To: May 06,1987 at 12:01 A.M. standard time at the address of the Insured stated above Item 3. Limit of Liability: $500,000 Aggregate Inclusive of Defense Costs, Charges and Expenses. Item 4. Deductible: $10,000 Each Wrongful Act. Item 5. Premium: $6,912 Item 6: Insured's Profession: Solely in the performance of services as a Landscape Architect for others for a fee. Producer: Financial Guardian Address: 700 E. Butterfield Rd., Suite 100 Lombard, IL 60148 - 5613 By acceptance of this policy the Insured agrees that the statements in the Declarations and the Application and any attatchments hereto are the Insured's agreements and representations and that this policy embodies all agreements existing between the Insured and the Company or any of its Representatives relating to this insurance. 86/05/19 - MC 03784 whny: 5/22/86 4Ancell 61 ( ¢ May 22, 1986 26900 (6/79) 4(,tborized Company Representative Vice President - National Union j WHEREAS, the Citizens of Round Rock have indicated through a bond election their desire for a large City park; and WHEREAS, the Council wishes to enter into an agreement with a professional park planner to help design said park; and WHEREAS, THK Associates have submitted a proposal for consideration; and WHEREAS, the Council is desirous of entering into an agreement with THK Associates; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the Mayor is hereby authorized and directed to execute an agreement with THK Associates for the design of a large City park, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 12th day of June, 1986. ATTEST: • If DR NO. D 0 DR MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: SUBJECT: ITEM: June 10, 1986 Council Agenda, June 12, 1986 11J - Consider a resolution authorizing the Mayor to enter into a contract with THK Associates for the Park Plan. The City Park Council Committee requested this item be placed on the agenda. THK Associates, Inc. will briefly discuss the process to be used in formulating the Park Master Plan. Also to be discussed is the involvement of the Task Force. Brief History: - RFP sent to 22 firms May 2 - Pre - Proposed Conference May 16 - RFP submittal deadline May 23 (14 firms responded) - Review /Evaluation /Selection of 4 firms to be interviewed May 28 - Notification to the 4 firms May 28 - Interview process June 4 - Selection of firm June 4 - Contract award June 12 The City Attorney is in the process of negotiating the contract with THK Associates, Inc. The City Park Council Committee will make a recommendation at the June 12 City Council Meeting.