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R-99-07-08-10D1 - 7/8/1999C +� Carter:: Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services June 30, 1999 Sharon Prete City of Round Rock 221 E. Main Street Round Rock, TX 78664 RE: Contract for Consulting Services — Round Rock Comprehensive Parks, Recreation, and Open Space Plan Dear Sharon: Attached are two original copies of the subject contract executed by Carter & Burgess. Upon signature by the City please return one fully executed copy to my attention. We appreciate the opportunity to provide these services and look forward to working with you and the City on this important project. Yours truly, C1ifDavis, PE�� Principal cc: Kevin Conner H;\prete.doc Carter & Burgess, Inc. Suite 200 Barton Oaks Plazas 901 South MoPac Expressway Austin, Texas 78746 (512) 314-3100 Fax (512) 314 -3135 , 06/30/99 10:29 FAX 512 314 3135 Carter & Burgess 1 001 c +® Carter '_ Burgess PROJECT: PROJECT NO.: TO: Sharon Prete FAX: FAX: FAX TRANSMITTAL 218-5548 FAX: FROM: Clif Davis DATE: 6/30!99 C&B Telephone Number: (512) 314-3100 C&B FAX Number: (512) 314 -3135 REMARKS: Hard copy to follow In mail. Cc: Correspondence Total number of pages transmitted, including this page: 22 Carter & Burgess, Inc. Barton Oaks Plaza V, 901 South MoPac Expressway, Suite 200 Austin, Teams 78746 06/30/99 10:29 FAX 512 314 3135 Carter & Burgess 2002 Carter ® Burgess Consultants in Planning, Engineering, Architecture, Construction Management, and Related Services Yune 30, 1999 Si ro n Prete City of Round. Rock 221 E. Main Street Round Rock, TX 78664 RE: Contract for Consulting Services — Round Rock Comprehensive Parks, Recreation, and Open Space Plan Dear Sharon: Attached are two origmal copies of the subject contract executed by Carter & Burgess. Upon signature by the City please return one fully executed copy to my attention_ We appreciate the opportunity to provide these services and look forward to working with you and the City on this important project. Yours truly, t CliftDavis, PE� Principal cc: Kevin Conner HAprepAn Came & Burgess, Inc. Suite 200 Barton Ooks Ploza4 901 South Moro( Expressway Austin, Texas 78746 1512) 314.3100 Fox (512) 314 -3135 00/30/99 10:29 FAX 512 314 3135 Carter & Burgess STATE OF TEXAS COUNTY OF WILLIAMSON Contract No. THIS CONTRACT FOR CONSULTING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Carter - Burgess, Inc., having its principal business address at Suite 200, Barton Oaks Plaza V, 901 South MoPac Expressway, Austin., Texas 78746, hereinafter called "Consultant" for the purpose of contracting for consulting services for the development of the Round Rock Comprehensive Parks, Recreation, and Open Space Plan. ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. The Consultant shall perform those consulting services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Consultant, attached hereto and made a part of this Contract. The Consultant shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Consultant's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Consultant of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Consultant, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Consultant and approved by the City. engcontrcwpd/pcctw ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY CONSULTANT ARTICLE 3 CONTRACT PERIOD Page 1of13 lJ 003 After execution of this Contract, the Consultant shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on March 31, 2000 unless extended by written supplemental agreement duly executed by the Consultant and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. 08/30/99 10:29 FAX 512 314 3135 Carter & Burgess Z004 The Consultant shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Consultant shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Consultant agrees to accept the lump sum amount shown below as full compensation for the consulting services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is j i; as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City, The Consultant shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Consultant. ARTICLE 5 METHOD OF PAYMENT Payments to the Consultant for services rendered will be made while work is in progress. The Consultant will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attaehtuent 1] - Fee Schedule. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Consultant must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Consultant of the responsibility of correcting any errors and/or omissions resulting from its negligence. Page 2 of 13 06/30/99 10:30 FAX 512 314 3195 Car�.er & Burgess ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Consultant or any costs incurred by the Consultant relating to additional work not included in. Attachment B - Services to be Provided by the Consultant. ARTICLE 7 PROGRESS The Consultant shall, from time to time during the progress of the work, confer with the City. The Consultant shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Consultant, conferences shall be provided at the Consultant's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Consultant's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Consultant to determine corrective action needed. The Consultant shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. wgeume.wpdrspectw ARTICLE 8 SUSPENSION Page 3of13 IZ 005 05/30/99 10:30 FAX 512 314 3135 Carter _& 13ursess The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Consultant and a written supplemental agreement will be executed between the parties as provided in Article 11. The Consultant shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Consultant or any costs incurred by the Consultant relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 1.0 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Consultant shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Consultant shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. mbrmaftwpdhpmfue ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, , chali be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Consultant until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. Page 4 of 13 [time • 00/30/99 10:30 FAX 512 314 3135 enpcomc.wperyeuw Carter & Burgess ARTICLE 12 OW1NERSITP OF DOCUMENTS All data, basic slmtches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Consultant and all documents furnished to the Consultant by the City shall be delivered to the City upon completion or termination of this Contract. The Consultant, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Consultant shall furnish, and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Consultant who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. ARTICLE 14 SUBCONTRACTING The Consultant shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval funs the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Consultant of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Consultant or a subprovider, the Consultant shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City representatives in the performance of their duties. Page 5 of 13 1007 00!90/99 10:91 FAX 512 314 3135 ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Consultant's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Consultant shall be grounds for termination of the Contract and any increased cost arising from the Consultant's default, breach of contract or violation of contract terms shall be paid by the Consultant, enpowomixhimaw Carter & Burgess ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Consultant as a consequence of failure by the Consultant to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Consultant upon not less than thirty (30) days written notice to the Consultant. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Consultant. In determining the value of the work performed by the Consultant prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days_ If the Consultant defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Consultant, the City will give consideration to the actual costs incurred by the Consultant in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is Page 6 of 13 X008 un 10:31 FAX 512 314 3135 Carter & Burgess usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Consultant under this Contract, except the obligations set forth in Article 1g,' this Contract. If the termination of this Contract is due to the failure of the Consultant to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Consultant shall be liable to the City for any additional cost occasioned the City. The Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Consultant in support of the scope of services under this Contract. The Consultant shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required. the Consultant shall Ruttish the City with satisfactory proof of its compliance therewith. The Consultant shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Consultant or of any person employed by the Consultant. The Consultant shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as . a result of such activities by the Consultant, its agents, or employees. The Consultant shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Consultant's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Consultant will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. crtgcnnw.wpdI,patw ARTICLE 19 COMPLIANCE WITH LAWS ARTICLE 20 INDEMNIFICATION ARTICLE 21 CONSULTANT'S RESPONSIBILITY Page 7of13 tJ 009 oofau'u8 10:31 FAX 512 314 3135 Carter & Burgess ARTICLE 22 INSPECTION OF CONSULTANT'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Consultant for the purpose of checking the amount of work performed by the Consultant at the time of contract termination. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for flour (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. Tne City or any of its duly authorized representatives, shall have access to any and all books, dots, papers and records of the Consultant which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 23 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Consultant for governmental purposes. ARTICLE 24 COMPUTER GRAPHICS FILES The Consultant agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 25 SUCCESSORS AND ASSIGNS The Consultant, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Consultant shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 26 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, such invalidity, illegality, agoontrempd/spectw Page S of 13 010 moo. ovi as hu:52 FAX 512 314 3195 Carter &Burgess 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 27 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 28 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 address: with copy to: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 CAR _ B S, INC. By: L) P. CT n Davis, Vice president snF.onue.wpdhpenw Carter - Burgess, Inc. Attn.: Kevin Conner Suite 200, Barton Oaks Plaza V 901 S. MoPac Expressway Austin, Texas 78746 ARTICLE 33 SIGNATORY WARRANTY The undersigned signatory or signatories for the Consultant hereby represent and warrant that the signatory is an officer of the organizatjon for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Consultant have executed these presents in duplicate. Page 9 of I3 06,'30/99 10:32 FAX 512 314 3135 Carter & Burgess _. Date CITY OF ROUND ROCK By: Date engmmm. w Robert A. Stluka, Jr., Mayor LIST OF ATTACHMENTS Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Consultant Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment B - , ' Triz.pas Attachment F - Supplemental Work Authorizations, if applicable Page 10of13 X1 012 .00/30/89 10 :32 FAX 512 314 3135 Carter &Burge„ EXHIBIT "A" Ts BE ' OV )ED : _ s CI aF �O a RS 1. Round Rock will provide Carter & Burgess, Inc. with digital base information depicting planimetric features including, but not limited to the following: streets, buildings, topography, drainage ways, and vegetative cover. This digital information will be provided in a MicroStation DGN format. The data will be used for planning purposes and is not intended for engineering design. 2. The Planning Department has current Arclnfo GIS files for the City, and the Public Works Department has the same files in AutoCAD. The City will furnish those electronic files to Carter & Burgess. 3. The City will provide Carter & Burgess, Inc. inventory and analysis data including: Public park and recreation areas owned and leased by the City including a complete facility inventory. The inventory in the 1987 Plan is adequate, but needs to be expandedto include specific amounts of development (Le. number of benches, fountains, etc). The existing facilities can then be more precisely measured against other park standards. • Joint use facilities with the City and the Round Rock Independent School District. • Sites identified by the City for preservation or conservation of natural areas. • Existing recreation programs offered by the City. Number of teams and individuals participating in each association and projected growth. • Facilities used by each Association • Existing non City - sponsored Recreation Sports Associations and Organizations: • Number of teams and individuals participating in each association and projected growth. • Facilities used by each Association. • Inventory of other known public and private park and recreation opportunities in Round Rock. • Copies of previously prepared Parks, Recreation, and Open Space plan as well as other planning documents that are relevant. • Parks and recreation statistics from the adjacent communities of Cedar Park, Pflugervillc, Georgetown, and Taylor. igl ui:5 06/30/99 10:32 FAX 512 314 3135 Carter & Burgess Exhibit "A" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 4. The City will provide demographic information to Carter & Burgess. This demographic information will include: • Population distribution, and projected changes from present to 2020. • Demographic factors o£ age, income, gender, education, ethnicity and projected changes from present to 2020. 5, The City will schedule and conduct the six (6) Systematic Development of Informed Consent (SDIC) meetings with the stakeholder groups. Carter & Burgess will attend the meetings to take notes on the input. 6. National Service Research (NSR) will provide a written survey based upon input received from the SDIC meetings. The City will be responsible for the distribution of the survey by mail The City will do the random computer selection of the households to be included in the mail -out survey. A return address to NSR shall be included in the mail-cut. Z014 06/30/99 10:93 FAX 512 314 3135 — Carter & Burgess EXHIBIT "B" SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT: 1. PROJECT DESCRIPTION Carter & Burgess, Inc. will provide professional planning and landscape architectural design services for the preparation of a comprehensive parks, recreation and open space master plan for the City of Round Rock. We will perform the scope of the work in two primary phases: 1. Phase 1 includes the Inventory /Market Analysis. 2. Phan 11 consists of the preparation of the Parks, Recreation and Open Space Master Plan. As an additional expertise for the market research work involved in Phase I, Carter & Burgess, Inc. will retain the services of National Service Research (NSR) as a subconsultant. Carter & Burgess, Inc. has prepared this scope of work based upon a meeting with Sharon Prete of the Round Rock Parks and Recreation. We understand that the City of Round Rock would like the comprehensive park master plan for its corporate limits completed in atime period not to exceed nine (9) months, depending upon public input process. Carter & Burgess will provide two(2) unbound originals of the Comprehensive Parks, Recreation and Open Space Master Plan Document at the completion of the project. The City will form an Advisory Committee, which could include up to 15 key stakeholders from various positions within the community fabric such as athletic organivations, civic organizations, industry leaders, City staff, and the Chamber of Commerce. Sharon Prete, the Parks and Recreation Director, will direct the Master Plan effort. II. SCOPE OF SERVICES ARKE i.YSIS A. Base Map Preparation 1 4 Create a base map, sing information provided by the City, depicting locations of existing parks, facilities, open space, green belts, and other information useful in describing recreation opportunities in the City of Round Rock. B. Inventory /Supply a. Meet with the Parks Director and other City staff to outline the project, the schedule, and the team effort between Carter & Burgess and City staff, and confirm and further define the goals and objectives for the parks, recreational facilities, and open spaces in Round Rock. b. Obtain inventory information provided by the City. Perform a citywide facility tour to identify the existing and potential parks and recreation resources, facilities, and a 015 - 06/30/89 10:33 FAX 512 314 3135 Carter & Burgess Exhibit "B" Round Rock Comprehensive Parr, Recreation, and Open Space Plan June 21, 1999 programs provided to the citizens of the community. Refer to Exhibit A for information that the City will provide to the Consultant. C. Population A nalysis From the information provided by tell City of Round Rock, the Consultant will prepare the following: 1. The completion of a population analysis concentrating on the factors of growth, distribution, and projected cl,anges. 2. The completion of a demographic analysis concentrating on the factors of age, income, gender, education, ethnicity, and projected changes. D. andards ;pis E. Evaluate the City of Round Rock' current conditions of parks and recreation resources as compared to the National Recreation and Parks Association's (NAPA) published guidelines to determine the park, recreation, and open space needs of the community. 1. Determine park standards that will apply to the Round Rock community. 2. Evaluate adjacent communities' park resources compared against the City of Round Rock. Review these communities for regional facilities that affect the Round Rock community needs. 3. Compare existing acre-ages and facilities to established standards and determine the present and future needs of the community. 4. Examine e xistin g resources of the community for open space, parks, and recreation facilities, and define how these resources can be better utilized. ess al 1. Gather information from individuals, associations, clubs and organizations through a meeting with the Key Stakeholder group, two (2) public hearings, a Systematic Development of Informed Consent process, and a mail -out survey to determine what types of facilities and recreation opportunities specific portions of the population want. The Systematic Development of Informed Consent (SDIC) is a methodical process for gaining public consensus that the City of Round Rock has adopted. This process will be managed by the City, and will consist of a series of informal meetings with stakeholder groups identified by the City. The City will notify the relevant groups lJ019 . 06/30/99 10:33 FAX 512 314 3135 Carter & Burgess Exhibit "13" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June21, 1999 and conduct these meetings. For the purposes of this contract, it is anticipated that the the stakeholder meetings will be not exceed six (6) meetings. These will be attended by Carter & Burgess. Input from these stakeholder meetings will form the basis for the mail-out survey. The mailing will be done by the City with a return address to NSR. Based upon our past experience, the response rate is anticipated to be between 4% and 10 %. 2. Meet with Key Stakeholders and City staff to identify stakeholder groups for the SDIC, questionnaire design, and forum for public meeting. The Needs Assessment obtained through public involvement will focus upon the city parks and recreation facility users/non- users, neighborhood associations, community leaders, and public and semi - public recreation providers. 3. Conduct the SDIC process and the mail -out survey to complete a community Needs Assessment. The following steps will be used to solicit community input. a. The City will schedule and conduct the six (6) SDIC meetings with the stakeholder groups. Carter & Burgess will attend these meetings to take notes on the input. b. Hold two (2) advertised public meetings for the City's entire geographical area. Obtain citiz input and priorities for parks and recreation facilities. (1) The first public meeting to be held before the survey distribution is designed to obtain citi7enr' input in addition to the focus groups. (2) The second public mcet will be held to review the Preliminary Master Plan after initial submission to the City. c. Conduct quantitative mail -out survey. (1) (2) X101 Survey Design - NSR will design a brief, yet concise, survey document inclose coordination with the client based on goals, objectives, and SDIC stakeholder group findings. The survey will be tested before implementation and approved by the client, Survey Distribution - Before distributing the surveys, NSR and the City will establish the number of households for questionnaire re distribution. The City will do the random computer selection of the households. The survey document will need to be printed to include a business reply so that citizens can easily respond to the survey. NSR will be responsible for the business reply permit. The printing and distribution will be the responsibility of the City. Drop boxes at City 08/30/99 10:34 FAX 512 314 3135 Carter & Burgess Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 (3) (4) Hall and the Parks and Recreation Department Office will also be available to citizens who wish to deliver their completed questionnaires. Survey Processing - NSR will prepare computer survey processing of up to 500 returned completed surveys. The City may also distribute the questionnaire to various youth groups to provide youth input in the survey process. NSR will tabulate up to 300 youth surveys. NSR will then present one cross-tabulation banner of the data to provide for rdeeailed survey analysis. Final Report NSR will prepare a final report to include the survey purpose, methodology, summary, conclusion, and recommendations based on the research conducted. Based on the findings of the research, the report will identify citizen needs regarding recreation demand versus available facilities. P BASF 11 PARKS RECRE ATION AND OP SPACE TER PLA A Priority Criterion An1ysis 1. Carter & Burgess will prepare a priority criteria matrix to determine the action plan recommendations regarding acquisition, expansion, and development. The priority criterion system will provide for sperri'l emphasis on the priority ranking of the citizens. The following steps will be included a From Needs Assessment results, the completion of a priority c riterion point system. b. From Needs Assessment results, the completion of a project priority list that is based upon rankings from the citizens' input. c. From the priority criterion point system, the completion of a ranking matrix. Priority ranking will include input from citizens, City Council, City Parks and Plannin staff, and Carter & Burgess. 2. Prepare a final summary that lists the projects in the order of priority. This final summary becomes the basis for the action plan. IdJ 018 • 06/30/99 10:34 FAX 512 314 3135 _Carter & Burgess Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 A. Actin Plan 1. Based upon priority criterion recommendations and analysis, provide an Action Plan to establish a definitive direction for parks and recreation throughout the City. a Develop a definitive programs) for acquisition and development of park land to meet future needs. Evaluate specific sites for acquisition based upon City Staff input and criteria for acquisition (based upon needs assessment for park arca). art v luatio ll not inc ude e urinary plans nor is of dcv 1opmen . b. Identify present and future recreational needs of the community. Identify types of recreation facilities and needs for citizens based upon needs assessment process and project priority matrix. c. Develop planning maps coordinated with Round Rock Planning and Community Development, Parks and Recreation, and the overall City General Plan. el. Review existing ordinances and provide recommendations to start the Parks and Open Space Plan. These ordinances include the Parkland Dedication Ordinance, Landscape Ordinance, and Platting Requirements about parkland. e. Identify potential publicly funded grant resources and funding sources to carry out the Parks and Open Space Plan. C Expendi Analy Prepare a s ummary expenditure analysis presenting a financial budget /cost estimate based upon the Action Plan recommendations and a suggested timeline. a Completion of an expenditure analysis, including preliminary costs of improvements per park, comparison of total costs against planned expenditures, and prioritization of spending already dedicated funds. b. The completion of a chart for method of funding. c. Prepare a five -year funding time -line. 1 019 . 06/30/99 10:34 FAX 512 314 3135 Carter & Burgess Exhibit "B" Space Plan Round Rock Comprehensive Park, Recreation, and Op en p June 21, 1999 D. Iw UZU Pars. 'e• _-. .. •�: .accu_,Y.erP....- .m an 1. Master Plan shall comply with the Texas Recreation and Parks Account Program Procedural Guide. 2. Master Pian will be comprehensive and address the area within the city limits of the City of Round Rock. 3. Platt shall cover no less than a period of five (5) years and no more than ten (1D)years. 4. Preparation of the Preliminary Master Plan shall include: a. Prepare a city -wide conceptual illustrative park master plan graphic for items funded the five-year action plan. b. Submit ten (10) copies of the Preliminary Master Plan report for City review and comments. c. Meet with City staff and Key Stakeholders to present Preliminary Master Plan. ,-acct n c and O nen S _ e r Plan Final Ms�t P an 1. Based upon City comments from the Preliminary Master Plan, prepare final Master Plan document. 2. Meet with City staff and Key Stakeholders to present Final Master Plan. 3. Present Final Master Plan to the City Council for adoption. 4. Plan contents shall include but not be limited to the following: a. Resolution of Adoption by the City Council of Round Rock b. An introduction which includes the unit of government, background information about socioeconomic make -up, current and projected populations, growth or non- growth patterns, and the City of Round Rock's role in providing parks and recreation opportunities. c. Goal and Objectives that identify parks and recreation service goals, specific objectives for each goal, and the time period that the plan is intended to cover. d. A plan development process that includes information regarding who 0e/30/99 10:94 FAX 512 314 3135 Carter & Burgess Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 wrote the plan, planning committees utilized, public input received through hearing and surveys. e. Acreage and facility standards that apply to the City of Round Rock. f. An inventory of park areas and facilities. g A needs assessment and identification that is demand, standard and resource based. h. A plan implementation and prioritization of needs which is area and/or facility specific, and ranked according to priority order. i, Illustrations, maps, surveys, etc. which will help communicate the planning process and efforts and support stated conclusions. 2. Preparation of Final Master Plan will include: a Prepare final narrative and color CADD exhibits/maps for City review comments b. Prepare one color master plan CADD exhibit to be laminated and mounted For use at City Hall. c. Submit 10 bound copies of Final Master Plan documents with color exhibits /maps inserted. City will be responsible for printing addtional copies of the final Master Plan, d. Present Final Master Plan to City staff and City Council for final approval. e. Provide all maps and graphs that show the geographic relationships of major parks, recreation and open space elements, using color graphics, in an electronic file supplied on 3,5" computer disks that are compatible with Intergraph Micro station. f. Provide all text on 3.5" computer disks compatible with WordPerfect for Windows version 6.1 or later. RJ O21 06/30/99 10:35 FAX 512 314 3135 Carter & Burgtgs EXHIBIT "D" PEE SCHEDULE: LUMP SUM FEES: PHASE I - INVENTORY/MARKET ANALYSIS Project Management 53,851.00 A. Base Map Preparation $3,262.00 B. Inventory /Supply Analysis $2,897.00 C. Population Analysis $2,317.00 D. Standards Analysis 52,116.00 E. Demand Analysis and Needs Assessment $14,000.00 Phase I 528,443.00 PHASE II - PARKS, RECREATION AND OPEN SPACE MASTER PLAN A. Priority Criterion Analysis $4,016.00 B. Action Plan $5,428.00 C. Expenditure Analysis $1,688.00 D. Preliminary Master Plan $7,752.00 E. Final Master Nan $7,248.00 Phase 2 $26,133.00 Reimbursable Expenses (Not -to- Exceed) $5,050.00 (Includes all aerial photography,reproduetion, plotting, photography, ' r rials, travel/mileage, postage and delivery expenses incurred during the project) Total Fee $59,626.00 10022 06/30/99 10:35 FAX 512 314 3135 Carter & Burgess PROVISIONS 1. DIRECT EXPENSES C &B, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENT'S Project, including but not limited to necessary transportation costs including mileage at C&B, Inc.'s current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by C &B, Inc. 2. COST ESTIMATES Any cost estimates provided by C&S, Inc- will be on a basis of experience and judgement, but since It has no control over market conditions or bidding procedures C&B, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 3. PROFESSIONAL STANDARDS C &8, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENTS Community, for the profession& and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. C&B, Inc. makes no other warranty, expressed or implied. d. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or C &B, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. Both CLIENT and C &B agree that said arbitration will take place m the State of Texas, USA. EXHIBIT "E" NIS AND PROVISIONS: 5. LEGAL EXPENSES In the event legal action Is brought by CLIENT or C&B, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 6. PAYMENT TO C&B, INC. Monthly invoices will be issued by C &B, Inc. for all work performed under the terms of this agreement. Invoices will first be applied to existing paid retainer fees, if applicable. Invoices are due and payable on receipt in US dollar:. Interest at the rate of 1 per month wiu be charged on all past-due amounts. unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. RI 023 7. LIMITATION OF LIABILITY C&B, Inc.'s liability to the CLIENT for any cause or Combination of causes is In the aggregate, Ignited to an amount no greater than the fee earned under this agreement 8. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax k not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. REV 09196 RESOLUTION NO. R- 99- 07- 08 -10D1 WHEREAS, the City of Round Rock desires to retain engineering services for the Comprehensive Parks, Recreation and Open Space Master Plan, and WHEREAS, Carter & Burgess, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Carter & Burgess, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Carter & Burgess, Inc., for engineering services for the Comprehensive Parks, Recreation and Open Space Master Plan, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 8th day of Ju ST: E LAND, City Secretary I(: \W' PDOCS \RESOL[ITI \R90 /sc9 l .„ 1 ROB".T't'A. STLUKA, , Q. , Mayor City of Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR CONSULTING SERVICES ( "Contract") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Carter- Burgess, Inc., having its principal business address at Suite 200, Barton Oaks Plaza V, 901 South MoPac Expressway, Austin, Texas 78746, hereinafter called "Consultant" for the purpose of contracting for consulting services for the development of the Round Rock Comprehensive Parks, Recreation, and Open Space Plan. The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. The Consultant shall perform those consulting services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Consultant, attached hereto and made a part of this Contract. The Consultant shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Consultant's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Consultant of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Consultant, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Consultant and approved by the City. After execution of this Contract, the Consultant shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on March 31, 2000 unless extended by written supplemental agreement duly executed by the Consultant and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. engcnnnc.wpolspectw ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY CONSULTANT ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY ARTICLE 3 CONTRACT PERIOD Page 1 of 13 Contract No. The Consultant shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Consultant shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Consultant agrees to accept the lump sum amount shown below as full compensation for the consulting services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $ ; 5/ f40.jw as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Consultant shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Consultant. ARTICLE 5 METHOD OF PAYMENT Payments to the Consultant for services rendered will be made while work is in progress. The Consultant will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Consultant must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Consultant of the responsibility of correcting any errors and /or omissions resulting from its negligence. Page 2 of 13 ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Consultant or any costs incurred by the Consultant relating to additional work not included in Attachment B - Services to be Provided by the Consultant. ARTICLE 7 PROGRESS The Consultant shall, from time to time during the progress of the work, confer with the City. The Consultant shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Consultant, conferences shall be provided at the Consultant's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Consultant's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Consultant to determine corrective action needed. The Consultant shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined m Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. engconrrc.wpd/spectw Page 3 of 13 The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. hi the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Consultant and a written supplemental agreement will be executed between the parties as provided in Article 11. The Consultant shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Consultant or any costs incurred by the Consultant relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Consultant shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Consultant shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Consultant until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. engcnntrc.wpd/spxrw Page 4 of 13 engcontrc.wpdspeccw ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Consultant and all documents furnished to the Consultant by the City shall be delivered to the City upon completion or termination of this Contract. The Consultant, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Consultant shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Consultant shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Consultant who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Consultant certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. ARTICLE 14 SUBCONTRACTING The Consultant shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Consultant of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises m which it is being performed. If any review or evaluation is made on the premises of the Consultant or a subprovider, the Consultant shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City representatives in the performance of their duties. Page 5 of 13 engcantrc.wpd/spectw ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Consultant's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Consultant shall be grounds for termination of the Contract and any increased cost arising from the Consultant's default, breach of contract or violation of contract terms shall be paid by the Consultant. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Consultant as a consequence of failure by the Consultant to perform the 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 the City for reasons of its own and not subject to the mutual consent of the Consultant upon not less than thirty (30) days written notice to the Consultant. (5) By satisfactory completion of all services and obligations described herein. Should the 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 the Consultant. In determining the value of the work performed by the Consultant prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Consultant defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Consultant, the City will give consideration to the actual costs incurred by the Consultant in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is Page 6 of 13 usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work 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 the City and the Consultant under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Consultant to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Consultant shall be liable to the City for any additional cost occasioned the City. The Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Consultant in support of the scope of services under this Contract. engconirc.wpd/spectw ARTICLE 19 COMPLIANCE WITH LAWS The Consultant shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Consultant shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Consultant shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Consultant or of any person employed by the Consultant. The Consultant shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Consultant, its agents, or employees. ARTICLE 21 CONSULTANT'S RESPONSIBILITY The Consultant shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Consultant's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Consultant will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. Page 7 of 13 The City shall have the exclusive right to examine the books and records of the Consultant for the purpose of checking the amount of work performed by the Consultant at the time of contract termination. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Consultant which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Consultant for governmental purposes. The Consultant agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. The Consultant, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Consultant shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. 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, such invalidity, illegality, engcontrc.wpd/spectw ARTICLE 22 INSPECTION OF CONSULTANT'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS ARTICLE 23 COPYRIGHTS ARTICLE 24 COMPUTER GRAPHICS FILES ARTICLE 25 SUCCESSORS AND ASSIGNS ARTICLE 26 SEVERABILITY Page 8 of 13 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. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. 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 address: with copy to: By • City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 The undersigned signatory or signatories for the Consultant hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Consultant have executed these presents in duplicate. CARTE S, INC. engcontrc,wpd/spectw 5 F. Cl n Davis, Vice president ARTICLE 27 PRIOR CONTRACT SUPERSEDED ARTICLE 28 NOTICES Carter - Burgess, Inc. Attn.: Kevin Conner Suite 200, Barton Oaks Plaza V 901 S. MoPac Expressway Austin, Texas 78746 ARTICLE 33 SIGNATORY WARRANTY Page9ofl3 Date ' -8 - 99 Date LIST OF ATTACHMENTS engcontrc.wpd/spectw Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Consultant Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - _ G�1 L rf-r Attachment F - Supplemental Work Authorizations, if applicable Page l0of13 EXHIBIT "A" SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK: 1. Round Rock will provide Carter & Burgess, Inc. with digital base information depicting planimetric features including, but not limited to the following: streets, buildings, topography, drainage ways, and vegetative cover. This digital information will be provided in a MicroStation DGN format. The data will be used for planning purposes and is not intended for engineering design. 2. The Planning Department has current ArcInfo GIS files for the City, and the Public Works Department has the same files in AutoCAD. The City will furnish those electronic files to Carter & Burgess. 3. The City will provide Carter & Burgess, Inc. inventory and analysis data including: Public park and recreation areas owned and leased by the City including a complete facility inventory. The inventory in the 1987 Plan is adequate, but needs to be expanded to include specific amounts of development (i.e. number of benches, fountains, etc). The existing facilities can then be more precisely measured against other park standards. • Joint use facilities with the City and the Round Rock Independent School District. • Sites identified by the City for preservation or conservation of natural areas. • Existing recreation programs offered by the City. • Number of teams and individuals participating in each association and projected growth. • Facilities used by each Association • Existing non City- sponsored Recreation Sports Associations and Organizations: • Number of teams and individuals participating in each association and projected growth. • Facilities used by each Association. Inventory of other known public and private park and recreation opportunities in Round Rock. • Copies of previously prepared Parks, Recreation, and Open Space plan as well as other planning documents that are relevant. • Parks and recreation statistics from the adjacent communities of Cedar Park, Pflugerville, Georgetown, and Taylor. Exhibit "A" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 4. The City will provide demographic information to Carter & Burgess. This demographic information will include: • Population distribution, and projected changes from present to 2020. • Demographic factors of age, income, gender, education, ethnicity and projected changes from present to 2020. 5. The City will schedule and conduct the six (6) Systematic Development of Informed Consent (SDIC) meetings with the stakeholder groups. Carter & Burgess will attend these meetings to take notes on the input. 6. National Service Research (NSR) will provide a written survey based upon input received from the SDIC meetings. The City will be responsible for the distribution of the survey by mail. The City will do the random computer selection of the households to be included in the mail -out survey. A return address to NSR shall be included in the mail -out. 1. PROJECT DESCRIPTION EXHIBIT `B" SCOPE OF SERVICES TO BE PROVIDED BY THE CONSULTANT: Carter & Burgess, Inc. will provide professional planning and landscape architectural design services for the preparation of a comprehensive parks, recreation and open space master plan for the City of Round Rock. We will perform the scope of the work in two primary phases: 1. Phase I includes the Inventory/Market Analysis. 2. Phase II consists of the preparation of the Parks, Recreation and Open Space Master Plan. As an additional expertise for the market research work involved in Phase I, Carter & Burgess, Inc. will retain the services of National Service Research (NSR) as a subconsultant. Carter & Burgess, Inc. has prepared this scope of work based upon a meeting with Sharon Prete of the Round Rock Parks and Recreation. We understand that the City of Round Rock would like the comprehensive park master plan for its corporate limits completed in a time period not to exceed nine (9) months, depending upon public input process. Carter & Burgess will provide two(2) unbound originals of the Comprehensive Parks, Recreation and Open Space Master Plan Document at the completion of the project. The City will form an Advisory Committee, which could include up to 15 key stakeholders from various positions within the community fabric such as athletic organizations, civic organizations, industry leaders, City staff, and the Chamber of Commerce. Sharon Prete, the Parks and Recreation Director, will direct the Master Plan effort. II. SCOPE OF SERVICES PHASE I - INVENTORY /MARKET ANALYSIS A. Base Map Preparation Create a base map, sing information provided by the City, depicting locations of existing parks, facilities, open space, greenbelts, and other information useful in describing recreation opportunities in the City of Round Rock. B. Inventory /Supply Analysis a. Meet with the Parks Director and other City staff to outline the project, the schedule, and the team effort between Carter & Burgess and City staff, and confirm and further define the goals and objectives for the parks, recreational facilities, and open spaces in Round Rock. b. Obtain inventory information provided by the City. Perform a citywide facility tour to identify the existing and potential parks and recreation resources, facilities, and Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 programs provided to the citizens of the community. Refer to Exhibit A for information that the City will provide to the Consultant. C. Population Analysis From the information provided by teh City of Round Rock, the Consultant will prepare the following: 1. The completion of a population analysis concentrating on the factors of growth, distribution, and projected changes. 2. The completion of a demographic analysis concentrating on the factors of age, income, gender, education, ethnicity, and projected changes. D. Standards Analysis Evaluate the City of Round Rock' current conditions of parks and recreation resources as compared to the National Recreation and Parks Association's (NAPA) published guidelines to determine the park, recreation, and open space needs of the community. 1. Determine park standards that will apply to the Round Rock community. 2. Evaluate adjacent communities' park resources compared against the City of Round Rock. Review these communities for regional facilities that affect the Round Rock community needs. 3. Compare existing acreages and facilities to established standards and determine the present and future needs of the community. 4. Examine existing resources of the community for open space, parks, and recreation facilities, and define how these resources can be better utilized. E. Demand Analysis and Needs Assessment 1. Gather information from individuals, associations, clubs and organizations through a meeting with the Key Stakeholder group, two (2) public hearings, a Systematic Development of Informed Consent process, and a mail -out survey to determine what types of facilities and recreation opportunities specific portions of the population want. The Systematic Development of Informed Consent (SDIC) is a methodical process for gaining public consensus that the City of Round Rock has adopted. This process will be managed by the City, and will consist of a series of informal meetings with stakeholder groups identified by the City. The City will notify the relevant groups Exhibit "B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 and conduct these meetings. For the purposes of this contract, it is anticipated that the the stakeholder meetings will be not exceed six (6) meetings. These will be attended by Carter & Burgess. Input from these stakeholder meetings will form the basis for the mail -out survey. The mailing will be done by the City with a return address to NSR. Based upon our past experience, the response rate is anticipated to be between 4% and 10 %. 2. Meet with Key Stakeholders and City staff to identify stakeholder groups for the SDIC, questionnaire design, and forum for public meeting. The Needs Assessment obtained through public involvement will focus upon the city parks and recreation facility users /non - users, neighborhood associations, community leaders, and public and semi - public recreation providers. 3. Conduct the SDIC process and the mail -out survey to complete a community Needs Assessment. The following steps will be used to solicit community input. a. The City will schedule and conduct the six (6) SDIC meetings with the stakeholder groups. Carter & Burgess will attend these meetings to take notes on the input. b. Hold two (2) advertised public meetings for the City's entire geographical area. Obtain citizen input and priorities for parks and recreation facilities. (1) The first public meeting to be held before the survey distribution is designed to obtain citizens' input in addition to the focus groups. (2) The second public meeting will be held to review the Preliminary Master Plan after initial submission to the City. c. Conduct quantitative mail-out survey. (1) Survey Design - NSR will design a brief, yet concise, survey document inclose coordination with the client based on goals, objectives, and SDIC stakeholder group findings. The survey will be tested before implementation and approved by the client. (2) Survey Distribution - Before distributing the surveys, NSR and the City will establish the number of households for questionnaire distribution. The City will do the random computer selection of the households. The survey document will need to be printed to include a business reply so that citizens can easily respond to the survey. NSR will be responsible for the business reply permit. The printing and distribution will be the responsibility of the City. Drop boxes at City Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 (3) E II - PARKS RECR A. Priority Criterion Analysis Hall and the Parks and Recreation Department Office will also be available to citizens who wish to deliver their completed questionnaires. Survey Processing - NSR will prepare computer survey processing of up to 500 returned completed surveys. The City may also distribute the questionnaire to various youth groups to provide youth input in the survey process. NSR will tabulate up to 300 youth surveys. NSR will then present one cross - tabulation banner of the data to provide for detailed survey analysis. (4) Final Report NSR will prepare a final report to include the survey purpose, methodology, summary, conclusion, and recommendations based on the research conducted. Based on the findings of the research, the report will identify citizen needs regarding recreation demand versus available facilities. PE TER P AN N AND SP 1. Carter & Burgess will prepare a priority criteria matrix to determine the action plan recommendations regarding acquisition, expansion, and development. The priority criterion system will provide for special emphasis on the priority ranking of the citizens. The following steps will be included: a. From Needs Assessment results, the completion of a priority criterion point system. b. From Needs Assessment results, the completion of a project priority list that is based upon rankings from the citizens' input. c. From the priority criterion point system, the completion of a ranking matrix. Priority ranking will include input from citizens, City Council, City Parks and Planning staff, and Carter & Burgess. 2. Prepare a final summary that lists the projects in the order of priority. This final summary becomes the basis for the action plan. Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 B. Action Plan 1. Based upon priority criterion recommendations and analysis, provide an Action Plan to establish a definitive direction for parks and recreation throughout the City. a. Develop a definitive program(s) for acquisition and development of park land to meet future needs. Evaluate specific sites for acquisition based upon City Staff input and criteria for acquisition (based upon needs assessment for park area). Site evaluations will not include limin. .lans or osts of develo. b. Identify present and future recreational needs of the community. Identify types of recreation facilities and needs for citizens based upon needs assessment process and project priority matrix. c. Develop planning maps coordinated with Round Rock Planning and Community Development, Parks and Recreation, and the overall City General Plan. d. Review existing ordinances and provide recommendations to start the Parks and Open Space Plan. These ordinances include the Parkland Dedication Ordinance, Landscape Ordinance, and Platting Requirements about parkland. e. Identify potential publicly funded grant resources and funding sources to carry out the Parks and Open Space Plan. C. Expenditure Analysis 1. Prepare a summary expenditure analysis presenting a financial budget /cost estimate based upon the Action Plan recommendations and a suggested time -line. a. Completion of an expenditure analysis, including preliminary costs of improvements per park, comparison of total costs against planned expenditures, and prioritization of spending already dedicated funds. b. The completion of a chart for method of funding. c. Prepare a five -year funding time -line. Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 D. Parks. Recreation and Open Space Master Plan- Preliminary Master Plan 1. Master Plan shall comply with the Texas Recreation and Parks Account Program Procedural Guide. 2. Master Plan will be comprehensive and address the area within the city limits of the City of Round Rock. 3. Plan shall cover no less than a period of five (5) years and no more than ten (10)years. 4. Preparation of the Preliminary Master Plan shall include: a. Prepare a city -wide conceptual illustrative park master plan graphic for items funded within the five -year action plan. b. Submit ten (10) copies of the Preliminary Master Plan report for City review and comments. c. Meet with City staff and Key Stakeholders to present Preliminary Master Plan. E. Parks. Recreation and Open Space Master Plan - Final Master Plan 1. Based upon City comments from the Preliminary Master Plan, prepare final Master Plan document. 2. Meet with City staff and Key Stakeholders to present Final Master Plan. 3. Present Final Master Plan to the City Council for adoption. 4. Plan contents shall include but not be limited to the following: a. Resolution of Adoption by the City Council of Round Rock b. An introduction which includes the unit of government, background information about socioeconomic make -up, current and projected populations, growth or non - growth patterns, and the City of Round Rock's role in providing parks and recreation opportunities. c. Goal and Objectives that identify parks and recreation service goals, specific objectives for each goal, and the time period that the plan is intended to cover. d. A plan development process that includes information regarding who Exhibit `B" Round Rock Comprehensive Parks, Recreation, and Open Space Plan June 21, 1999 wrote the plan, planning committees utilized, public input received through hearing and surveys. e. Acreage and facility standards that apply to the City of Round Rock. f. An inventory of park areas and facilities. g. A needs assessment and identification that is demand, standard and resource based. h. A plan implementation and prioritization of needs which is area and/or facility specific, and ranked according to priority order. i. Illustrations, maps, surveys, etc. which will help communicate the planning process and efforts and support stated conclusions. 2. Preparation of Final Master Plan will include: a. Prepare final narrative and color CADD exhibits /maps for City review comments b. Prepare one color master plan CADD exhibit to be laminated and mounted For use at City Hall. c. Submit 10 bound copies of Final Master Plan documents with color exhibits /maps inserted. City will be responsible for printing addtional copies of the final Master Plan. d. Present Final Master Plan to City staff and City Council for final approval. e. Provide all maps and graphs that show the geographic relationships of major parks, recreation and open space elements, using color graphics, in an electronic file supplied on 3.5" computer disks that are compatible with Intergraph Microstation. f. Provide all text on 3.5" computer disks compatible with WordPerfect for Windows version 6.1 or later. EXHIBIT "D" FEE SCHEDULE; LUMP SUM FEES: PHASE I - INVENTORY /MARKET ANALYSIS Project Management $3,851.00 A. Base Map Preparation $3,262.00 B. Inventory/Supply Analysis $2,897.00 C. Population Analysis $2,317.00 D. Standards Analysis $2,116.00 E. Demand Analysis and Needs Assessment $14,000.00 Phase I $28,443.00 PHASE R - PARKS, RECREATION AND OPEN SPACE MASTER PLAN A. Priority Criterion Analysis $4,016.00 B. Action Plan $5,428.00 C. Expenditure Analysis $1,688.00 D. Preliminary Master Plan $7,752.00 E. Final Master Plan $7,248.00 Phase 2 $26,133.00 Reimbursable Expenses (Not -to- Exceed) $5,050.00 (Includes all aerial photography,reproduction, plotting, photography, materials, travel/mileage, postage and delivery expenses incurred during the project) Total Fee $59,626.00 PROVISIONS 1. DIRECT EXPENSES C &B, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENTS Project, including but not limited to necessary transportation costs including mileage at C &B, Inc's current rate when its automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when fumished by commercial sources and on the basis of usual commercial charges when furnished by C &B, Inc. 2. COST ESTIMATES Any cost estimates provided by C &B, Inc. will be on a basis of experience and judgement, but since it has no control over market conditions or bidding procedures C &B, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 3. PROFESSIONAL STANDARDS C &B, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENTS community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. C &B, Inc. makes no other warranty, expressed or implied. 4. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or C &B, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization may include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. Both CLIENT and C &B agree that said arbitration will take place in the State of Texas, USA. 5. LEGAL EXPENSES In the event legal action is brought by CLIENT or C &B, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 6. PAYMENT TO C &B, INC. Monthly invoices will be issued by C &B, Inc. for all work performed under the terms of this agreement. Invoices will first be applied to existing paid retainer fees, if applicable. Invoices are due and payable on receipt in US dollars. Interest at the rate of 1'.6% per month will be charged on all past -due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted by law. EXHIBIT "E" TERM A ND PROVISIONS: 7. LIMITATION OF LIABILITY C &B, Inc's liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee eamed under this agreement. 8. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax ja Qat included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. REV 09/96 • 1 DATE: July 2, 1999 SUBJECT: City Council Meeting — July 8, 1999 ITEM: 10.D.1. Consider a resolution authorizing the Mayor to execute an agreement with Carter Burgess in the amount of $59,626.00 for the Comprehensive Parks and Recreation and Open Space Master Plan. Carter Burgess has performed these services for a number of Texas cities to include: Waco, Lubbock, Irving, Grapevine and White Settlement. The plan will take 6 -8 months to complete and will require extensive citizen involvement. This item was withdrawn from the June 24, 1999 Council agenda. Staff Resource Person: Sharon Prete, Parks and Recreation Director.