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R-07-07-12-11F1 - 7/12/2007 RESOLUTION NO. R-07-07-12-11171 WHEREAS, the City of Round Rock desires to retain professional consulting services for a Strategic Parks and Recreation Master Plan, and WHEREAS, Halff Associates Inc. has submitted an Agreement for Consulting Services to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Halff Associates 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 for Consulting Services with Halff Associates Inc. , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended RESOLVED this 12th day of July, 200 -xo N LL, Mayor �- City of Round Rock, Texas ATTES CHRISTINE R. MARTINEZ, City Secretar 0:\Wdox\RESOLUTI\R70712F1.WPD/rmc CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR STRATEGIC PARKS AND RECREATION MASTER PLAN WITH HALFF ASSOCIATES INC. THIS AGREEMENT is made and entered into on this the day of , 2007, by and between the City of Round Rock, a Texas home-rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as the "City"), and Halff Associates Inc., whose offices are located at 4030 West Braker Lane, Suite 450, Austin, Texas, 78759 (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to contract for Consultant's assistance in preparing an update of the 2001 Citywide Parks and Recreation Master Plan (including public input, needs assessments and master plan recommendations); in preparing a minor update to the 2004 Citywide Trails Master Plan; in assisting in preparing a capital improvements plan for the parks system; in assisting in determining property to be preserved as potential future park lands; in assisting in analyzing the parks system operations and maintenance activities and standards; and in preparing information to help illustrate the economic impact of parks on property values and the economy of Round Rock; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for eighteen(18) months froin effective date hereof. 1.02 GENERAL CONDITIONS The General Conditions contained herein shall apply to the Proposal for Services, attached hereto as Exhibit "A" and made a part hereof of all appropriate purposes. This Agreement and such Proposal for Services is entered into by and between the City of Round Rock or its subsidiaries or affiliates (collectively "City") and Halff Associates Inc. or any entity directly or indirectly owned or controlled by same (collectively"Halff Associates"). 00117592/jkg EXHIBIT a a "An 1.03 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its Proposal for Services for the assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and is labeled as Exhibit "A." Such Proposal for Services is deemed to incorporate the General Conditions contained herein. Except with respect to the description of specific services and fees for the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms therein. Taken together with the appended Proposal for Services, the General Conditions contained in this Agreement shall evidence the entire understanding and agreement between the parties and supersede any prior proposals, correspondence or discussions. 1.04 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and under Exhibit "A." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with these General Conditions and this Agreement, in accordance with the appended Proposal for Services, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the consulting services to be performed by Consultant, City agrees to pay Consultant the following sum(s) as stated herein: Phase I Leadership Plan $ 0 Phase II Comprehensive Parks Plan $ 94,229 Phase III Minor Trail Plan Update $ 14,015 Phase IV Acquisition Plan $ 5,809 Phase V Capital Improvements Plan Components $ 5,772 Phase VI Maintenance/Operations Plan Components $ 11,804 Phase VII Assist with Marketing/Public Relations Plan$ 2,485 Phase VIII Incorporate Recreation Business Plan $ 863 Phase IX Incorporate PARD Administration Plan $ 550 Phase X Economic Impact Evaluation $ 16,102 Phase XI Partnership/Alternative Funding Strategies $ 3,516 Total for Phase Deliverables $ 155,145 Reimbursable Expenses Not to exceed $ 8,700 TOTAL $ 163,845 The parties agree that fees for individual phases or phase tasks may vary, but that the overall fee of$155,145.00 shall be a not-to-exceed amount. Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council or City Manager action, Consultant's total compensation hereunder shall not exceed $163,845.00, including any Reimbursable Expenses. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement hereto. Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon Project claims, whether paid by City or denied. Supplemental Agreements. The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being eighteen (18) months from the effective date hereof. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.06 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: eighteen (18) months from date of execution hereof, and in reasonable conformity to the estimated schedule delineated on Exhibit"C." 1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should additional backup material be requested by City, 3 Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt(including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall not exceed the maximum sum of$8,700.00. City shall pay Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual cost. Customary reimbursable expenses shall include such items as the following: a. Travel; b. Mileage; C. Photography; d. Color renderings; e. Delivery charges; f. Telephone charges related to the telephone survey deliverable; and g. Printing of required final full-color reports (additional printing to be done by City as an agreed cost-saving measure). 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance or services, whichever is later. Consultant may charge a late fee (not greater than that which is permitted by Texas law) for payments not made in accordance with this Prompt Payment Policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Consultant concerning the services performed that causes the payment to be late; or 4 2. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier concerning the services performed which causes the payment to be late; or 4. The invoice is not mailed to City in strict accordance with instructions, if any, on any purchase order or this Agreement. 1.09 NON-APPROPRIATION This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then-current fiscal year. 1.10 TERMINATION OR DEFAULT Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. City acknowledges Consultant's documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement (including by way of illustration and not limitation all plans, field surveys, maps, cross sections and other data, designs and work related to the Project) shall become the property of City upon completion of the work and payment in full of all monies due to Consultant. Should City subsequently contract with a new consultant for continuation of services on the Project, Consultant shall cooperate in providing information. City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees) arising out of any authorized reuse or modification of the construction documents by City or any person or entity that acquires or obtains the plans and specifications from or through City without the written authorization of Consultant. Default. Nothing contained in the preceding paragraph shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant 5 when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.11 CITY'S RESPONSIBILITIES Full information. City shall provide full information regarding Project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required, if any, to enable Consultant to provide the services called for. City shall cause its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directions provided by City and its employees and agents concerning provision of services. Specific services. City shall provide services and/or furnish information as delineated on Exhibit`B." Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's expense) certified surveys of relevant sites, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or adjacent to the sites, other improvements and trees; and full information as to available service and utility lines, both public and private, and test borings, pits, reports and soil bearing values and other necessary operations for determining subsoil conditions. Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other tests, reports and inspections as required by law or as required by Project documents. 1.12 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 6 1. Consultant has the right to perform services for others during the term of this Agreement; 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 4. Consultant or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise, or pay any assistants to help Consultant; 5. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; 6. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement; and 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City. 1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS Each party shall take reasonable measures to preserve the confidentiality of any proprietary or confidential information provided to it in connection with this engagement, provided that no claim may be made for any failure to protect information that occurs more than two (2) years after the termination or expiration of this Agreement. At the conclusion of the engagement, upon written request, each party shall return to the other all materials, data and documents provided to the other party, except that Consultant may retain one (1) copy of City's materials for its archival purposes, subject to Consultant's confidentiality obligations hereunder. City shall retain ownership of all data and materials provided by it to Consultant. Original drawings shall remain the property of Consultant. The parties expressly acknowledge that City is a Texas home-rule municipality and, as such, is subject to the Texas Public Information Act, and its duties run in accordance therewith. 1.14 LIMITATION OF LIABILITY Services provided and performed by Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the 7 same profession currently practicing under similar circumstances. However, should any of Consultant's services not conform to these requirements and the appended Proposal for Services, then and in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its discretion, either (a) promptly re-perform such services to City's satisfaction at no additional charge, or (b) promptly refund the portion of the fees paid with respect to such services. In the event that re-performance of services or refund of applicable fees would not provide an adequate remedy to City for damages arising from the performance, nonperformance or breach of this Agreement and the appended Proposal for Services, then and in that event Consultant's maximum total liability, including that of any employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall be limited to direct damages in an amount not to exceed the total fees payable under this Agreement. The foregoing limitation of liability shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors, or from bodily injury, death of any person, or damage to any real or tangible personal property. Neither parry shall be liable for any indirect, special or consequential damages. 1.15 INDEMNIFICATION Consultant agrees to hold harmless and indemnify City for and from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the negligence of Consultant or its employees or agents in the course of performing services. The limitation of liability set forth in Section 1.14 herein applies to Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any person, of damage to any real or tangible personal property. Except to the extent that Consultant is obligated to indemnify City, City shall indemnify and hold Consultant, its employees, affiliates or agents harmless from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the services performed by Consultant or City's use thereof. 1.16 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of One Million Dollars, from a company authorized to do insurance business in Texas and otherwise acceptable to City. Certificates of insurance are included herewith as Exhibit"D". 8 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. For purposes of this Agreement, the telephone survey subconsultant firm of Raymond Turco and Associates is exempted from the requirements of the preceding paragraph. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty(30) days prior to the expiration, cancellation, on-renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non-renewal, or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self-Insured Retentions of whatever nature. (5) Consultant and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. 9 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the Project. 1.19 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 1.20 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf, or 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 10 1.21 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Halff Associates Inc. 4030 West Braker Lane, Suite 450 Austin, Texas 78759 Notice to City: City Manager AND TO: City Attorney 221 East Main Street 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 1.23 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 1.24 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution, then and in that event 11 any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.25 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement, through a process of mutual agreement and negotiation, to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.26 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed Project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated. 12 CITY OF ROUND ROCK, TEXAS ATTEST: By: Nyle Maxwell, Mayor Christine R. Martinez, City Secretary Date Signed: Date Signed: FOR CITY,APPROVED AS TO FORM: Stephan L. Sheets, City Attorney HALFF ASSOCIATES INC. Ja es E. Carillo, A.S.L.A., A.I.C.P., V ce President Date Signed: !�� 2S' " Zv07 EXHIBITS Exhibit"A": Proposal for Services Exhibit"B": Services to be Performed by City Exhibit "C": Estimated Work Schedule Exhibit "D": Certificates of Insurance 13 Exhibit"A" Scope of Services to be Performed by Consultant The scope of work for this planning effort includes the preparation of an update of the 2001 Citywide Parks and Recreation Master Plan (including public input, needs assessments and master plan recommendations), a minor update of the 2004 Citywide Trails Master Plan, assistance in the preparation of a capital improvements plan for the parks system, assistance in the determination of future lands to be preserved as potential parklands, assistance in an analysis of the parks system operations and maintenance activities and standards, and the preparation of information that can help illustrate the economic impact of parks on property values and the economics of Round Rock. Five final copies of the plan will be printed, and another 15 copies will be provided on CD-Rom. Original digital files will be provided to the City of Round Rock in Word and PDF formats. Proiect Assumptions The scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. The project area will include the current city limits and the current extraterritorial jurisdiction of the city of Round Rock. 2. The planning effort will include a 600 person citywide telephone survey as a major component of the Parks Master Plan. This survey will be conducted by Ray Turco and Associates. 3. Assistance in preparing operations reviews will be conducted by CEBP Inc., led by Bill Beckner. 4. Cost projections prepared as part of this effort are understood to be at a planning level, and are prepared prior to any detailed master planning for individual projects. These cost projections use professional judgment and are at an order of magnitude level. Such cost projections may vary as more detailed design occurs and as inflationary influences occur. 5. The City of Round Rock will secure the necessary permissions from adjacent landowners for access through or across any non-City properties as a part of planning efforts associated with this project. 6. Efforts and products to be provided by the City of Round Rock are listed in Exhibit `B"; many of these products, such as the inventory of parks, are key background information for the project. 7. Products provided by the City of Round Rock are assumed to have a level of accuracy that is appropriate for a master planning effort. 8. The City of Round Rock will advertise all notices and announcements for public meetings or events conducted as part of this process. 14 9. The City of Round Rock Parks and Recreation Department staff will coordinate and schedule all meetings and presentations to Boards and Commissions that may be required as part of this design process. 10. Tasks prepared as part of this planning effort may occur concurrently where appropriate, or in some cases may deviate from the sequence shown in this scope of services document. Scope of Services The planning effort scope of services is shown below. PHASE I—REVIEW OF LEADERSHIP PLAN A.Mission Statement—Incorporate statement and mission parameters prepared by PARD. B. Goals and Objectives—Incorporate text by PARD. C. Policies—Incorporate text and summary prepared by PARD. Product by Halff—Incorporate text by PARD into Master Plan document. Task Components by Round Rock Staff- Develop Mission Statement, goals and objectives, review current policies and determine where modifications are needed. Provide draft to Planning Team for incorporation into the master planning effort. PHASE II - COMPREHENSIVE PARKS PLAN A.Pre-Planning and Background Information 1. Pre-planning—Incorporate base mapping and GIS data base prepared by City of Round Rock. Conduct kick-off meeting to discuss schedules, deliverables, key review points, etc. Determine City sectors to use. Review previous studies for aquatics and indoor recreation, and prepare summary of key findings. 2. History of past plan and achievements of that plan - Incorporate outline summary prepared by staff into document. Summarize 10 year plan goals and objectives. 3. Unit of government-Develop text for report and necessary mapping. 4. Socio-economic data - Assemble data from Census and other data sources. Incorporate other economic data assembled by Chamber and other local sources. Include data on class types, such as creative class, etc. for Round Rock. 5. Demographics - Assemble demographic data by City Planning sector. Prepare table and mapping products for use in report. 6. Population Growth patterns - Incorporate GIS growth pattern plans prepared by City staff. 7. Recreation/ Leisure Trends - Assemble national and state data on general recreation trends. Compare to noted facilities and trends in the Austin metropolitan area. Product by Halff— Attend kickoff meeting, incorporate City GIS files for use in the planning effort, review previous studies, obtain demographic and socio-economic data from City staff, review and incorporate into the plan in written and table format, prepare summary of major national, state and area recreation and leisure trends in written form. 15 Task Components by Round Rock Staff— Provide digital copy of previous master plan and City's comprehensive plan, provide inventory and base GIS files in digital format, provide digital aerial photography of the City, provide most recent population and demographic data, provide data on growth patterns throughout the City. B. Goals and Objectives 1. Review Leadership Plan components and incorporate into plan. Product by Halff — Review goals and objectives for the system prepared by PARD and incorporate into the planning document. Task Components by Round Rock Staff — Provide goals and objectives as part of the leadership plan elements. C. Plan Development Process 1. Prepare illustration of plan process and similar text for report. Develop summary text for report. Product by Halff—Illustration of planning effort, incorporate into the master plan. Task Components by Round Rock Staff—Review and comment as appropriate. D. Inventory of Existing Parks and Facilities/Leisure Activities 1. Review mapping that illustrates locations of park facilities - Review mapping and layers prepared by PARD, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 2. Review assessment of each individual existing park - Tour all park facilities, conduct brief review of potential issues and changes to each existing park. Document with photographs. Review assessments prepared by PARD. 3. Inventory tables - Review tables prepared by PARD, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 4. Facility mapping by type—From information provided by PARD,prepare mapping data base to be used in the planning effort with park facilities by type. Product by Halff— Tour of existing park facilities with PARD, review inventory and mapping provided by PARD and incorporate into planning effort GIS. Task Components by Round Rock Staff—Prepare mapping of existing parks in GIS data base. Provide mapping of each individual park in digital format where available. Prepare inventory of existing parks, both developed and undeveloped. Prepare assessment of improvements required in each park, or issues to be addressed in existing park facilities. 16 E. Inventory of Programs (City and Private) 1. Recreation Programs - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 2. Senior Programs - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 3. Athletic Leagues - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 4. Aquatic Programs -Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base. 5. Forestry Programs - Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. 6. Marketing Programs - Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 7. Review of Recreation and Aquatic Facilities - In conjunction with staff and Planning Team members, conduct tour of physical facilities used for recreation and aquatics. Document with photography or video. Product by Halff — Review of information provided by PARD, comments or questions in written form, review at meeting with staff(in conjunction with other review items), and attend tour of recreation facilities. Format and incorporate information into the master plan document. Task Components by Round Rock Staff—Provide tables and text describing current inventory and status of recreation, senior, athletic, aquatic, forestry and marketing programs. Transmit to Planning Team in digital format. Attend tour of recreation facilities. F. Citizen Input 1. Strategic Planning Effort Web site - Provide information and content for site prepared by City staff. 2. Interview key groups and stakeholders — Prepare list of questions for interviews and stakeholder meetings. Conduct one-on-one interview with each key stakeholder and group. Include up to 15 interviews. Prepare written summary of each interview for inclusion in report. 3. Citywide Public Opinion Surveys A. Telephone Survey — Prepare survey and review with City staff. Conduct survey for 600 completed questionnaires. Responses will be tabulated by sector of the City, proportional to the population in each sector. Prepare detailed analysis of survey results in report format. B. Online Survey — Develop simple on-line survey that parallels telephone survey and submit to City for placement on City website. Survey will be formatted and compiled using Surveymonkey.com programming. Survey invitation will be transmitted via email and link will be placed on the City web site inviting 17 residents to participate. Prepare analysis of survey results and transmit to City for review. C. School Survey — Develop one-page survey that parallels telephone survey and submit to City for distribution by school district teachers. Compile 1,000 school age student responses. Prepare analysis of the survey results for use in the planning effort. 4. HOA Meetings - Prepare exhibits and summary presentation for use by City staff during meetings. 5. Open House Meetings - Prepare exhibits for three open house meetings. Prepare summary presentation for use during meetings. Develop format for meetings. Assist with leading meetings. Three planning team staff members will attend open house meetings to respond to citizen comments. 6. Importance vs. Performance Matrix - Incorporate findings from previous performance review meetings held in 2006,using more detailed information assembled in 2006. 7. Public Input Summary - Prepare summary of trends, key issues and key opportunities identified by the public input process. Submit to City staff for review and comment. Product by Halff — Prepare questionnaire for interviews, conduct 15 interviews, prepare telephone survey, prepare summary of comments from interviews, prepare analysis of telephone, student and on-line surveys, prepare summary of all public input findings for inclusion in Strategic Plan document. Task Components by Round Rock Staff— Provide zip code data for the City for developing telephone survey phone lists, invite attendees to interviews and organize interview meetings, deliver school surveys to schools and coordinate approval of student survey with RRISD superintendent and principals of schools, provide list of emails for notification of on-line survey, conduct HOA meetings as appropriate and provide summary of comments from each meeting, review analyses provided by Halff and comment as appropriate. G. Needs Assessment and Identification (Parks, Facilities,Programs) 1. Level of Service-Based Needs Approach - Develop current level of service calculations. Using those calculations as a starting point, develop level of service goals, and compare to existing service. Project deficits or surpluses. 2. Demands-Based Needs Approach - Calculate level of service projections based on demand information (number of participants, anticipated growth by attendance or by population). 3. Resource-Based Needs Approach 4. Leisure Market Expansion - Conduct workshop session with City staff and Planning Team. Based on current usage and potential demand, review and assess other leisure activities that could be incorporated into the City's programs. Use trend information, citizen input, and current participation data. 18 5. Needs Assessment Summary - Prepare summary of key needs developed as part of the assessment. Review with City staff, and prepare section text for document. Product by Halff — Prepare needs assessment in table and written text, submit to PARD for review and comment, modify as appropriate and incorporate into Strategic Plan document. Task Components by Round Rock Staff—Review and comment as appropriate. H. Recommendations and Implementation Plan 1. Preliminary Facility Recommendations - Develop preliminary plan recommendations in draft format for review and comment. A. Develop list of potential actions for facilities over next five to ten years. Develop cost estimates for each action, based on current dollars (escalation factor added later based on projected implementation date). B. Develop list of criteria to be used in prioritizing criteria. These may include percentage of projected need, citizen desire for those facilities, greatest benefit for expenditure, etc. Review with staff for approval. 2. Prioritize Plan Recommendations—Prioritize in draft format for review and comment. 3. Funding Requirements/Plan - Project funding requirements to implement prioritized actions. Recommend potential sources of funding for each action. Meet with City Finance staff to determine bonding capacity and other potential revenue sources. Incorporate recommendations of CIP plan in later step. 4. Implementation Plan - Develop action plan that details recommended sequence to implement recommendations. Include suggested timeframe for each action. 5. Governance Plan - Review parkland dedication ordinance and suggest changes to plan. Review park zones and suggest modifications based on best practices in other cities. Suggest changes from one mile grid to more useful system. Suggest possible changes to funding mechanisms as appropriate. 6. Prepare Draft Document - Prepare draft planning document. Format will be 11 x 17 and will match Trails Master Plan format. 15 draft black and white documents will be prepared for internal review and comment. 7. Final Public Review - Conduct presentations with internal department heads for internal review and comment, Planning and Zoning Commission and City Council. Modify plan per input received. Post document to project web site for citizen review. 8. Council Approval and Review by TPWD - Present final document(s) to Council for approval. Submit plan to TPVWD for review and approval. Coordinate printing of final document for staff and library copies. A total of 10 final copies in full color will be prepared. Printing will be by Document Engine of Round Rock. Provide electronic versions of plan. 19 9. Summary for Comprehensive Plan - Prepare executive summary for insertion in City's Comprehensive Plan document. Product by Halff — Prepare plan recommendations in map and report format, review with PARD and edit per comments, prepare presentation and illustrations for public review, prepare final document in draft format (15 B/W copies), present at up to five final presentations, including Planning & Zoning, Council, other interested groups, transmit final reports in printed (10 total) and digital format to PARD. Task Components by Round Rock Staff — Review and comment as appropriate, coordinate final presentation times, submit components of plan noted in this Exhibit A to Planning Team for incorporation into the document. PHASE III - CITYWIDE TRAILS MASTER PLAN JMinor update to include new trails and standard "zone" map) A. Inventory of new or modified trails -Insert updated data into plan sheets. B. Review plan goals and policies and adjust as necessary - Review and update goals and policies as appropriate. C. Incorporate strategies for developer construction of trails - Consider amendments to ordinances to require developer construction of trail segments. Consider cost sharing arrangements. D. Incorporate new and adjusted trail corridors citywide - Incorporate mapping for new and adjusted trail corridors. Develop in both GIS layer, with segment data, and as Photoshop pages for report document. Transmit GIS layers to City staff for incorporation into Parks data set. E. Update and republish Trails Plan document - Review current document and update as appropriate. Incorporate new plates showing park zone data. Coordinate printing of documents. Products by Halff—Retrieve previous report content, review new trail information provided by PARD, update GIS trail files, revise overall Trails Plan document and prepare five final copies, incorporate into Strategic Master Plan as freestanding component. Transmit original digital files in both InDesign and PDF format for use by PARD. Task Components by Round Rock Staff— Transmit files on newly constructed and proposed trails throughout the City, as well as developer proposed trails. Review revised trail maps and document, and comment as appropriate. 20 PHASE IV -ACQUISITION PLAN A. Identify corridors or parcels of land to acquire by purchase or ordinance - Identify specific properties or features such as bodies of water that could serve as future parkland sites. Tour sites from adjacent roads with City staff. Document with photography. Select preferred sites and map in GIS. Transmit to City staff for review. B. Project potential acquisition cost for parcels of land with an escalation factor - Summarize potential acquisition costs based on current appraised values and recent escalation values as provided by Round Rock staff. C. Prioritize acquisition opportunities and prepare summary report for inclusion in master plan document. - Summarize land needs and general areas in text format for inclusion in report. Include action plan for land acquisition. Product by Halff—Tour of potential future park sites or opportunity locations,prepare mapping showing geographic location of potential opportunity sites, prepare order of magnitude cost projections for proposed sites, prepare prioritization matrix and recommended acquisition opportunity prioritization table, prepare text and illustrations or maps for inclusion in Strategic Master Plan document. Transmit final maps in GIS format to PARD and City staff. Task Components by Round Rock Staff—Provide available Appraisal District information on property values, review draft opportunity sites and areas and comment as appropriate, review acquisition prioritization and cost projections and comment as appropriate. PHASE V- CAPITAL IMPROVEMENT PLAN A. Identify Yearly CIP Goals and/or Projects - Prepare summary of projects from Action Plan developed in the Strategic Parks Plan. Include potential cost for each with escalation. Yearly Goal not recommended until key needs are addressed (urgency may be such that small yearly goal is insufficient to meet those needs). B. Identify a 5-year and 10 -year CIP Program for Potential Bond Election - Prepare 5 and 10 Year program summary, showing projected costs on a year-by-year basis. Include information on need and justification for each item. Transmit to City for review and comment. When approved, incorporate into Strategic Plan document. C. Life-Cycle Plan for Large Assets — Research and provide information from other comparable systems on life cycle formats and timeframes that have been successfully used. Transmit to PARD for use in developing a life cycle plan (by PARD) for major outdoor facilities such as playground equipment, etc. Review draft plan by PARD and comment, incorporate into the Strategic Plan. D. Life-Cycle Plan for Smaller Assets - Research and provide information from other comparable systems on small asset life cycle formats and timeframes that have been successfully used. Transmit to PARD for use in developing a life cycle plan (by PARD) for other smaller assets such as picnic tables, drinking fountains, etc. Review draft plan by PARD and comment, incorporate into the Strategic Plan. 21 Product by Halff — Prepare draft CIP in City format, transmit to PARD for review and comment. Incorporate projections for bond cycle funding (amounts, potential elements in each, rational for inclusion, and projected timeframe), provide information on best practices for both large and smaller asset life cycle analysis, review draft information provided by PARD and comment, incorporate life cycle plan components by PARD into the Strategic Master Plan. Task Components by Round Rock Staff— Transmit typical City CIP format information to Planning Team,prepare draft large and smaller asset life cycle plan components. PHASE VI -MAINTENANCE AND OPERATION PLAN A. Level of Service Standards per classification - Review current operations and standards. Meet with O&M staff to review opportunities and constraints. Suggest changes based on current practices. B. O&M Projections of Plan Recommendations & CIP Plan - Based on data provided by PARD staff, prepare general assessment of operations and maintenance expenditures and staffing. Recommend changes as appropriate. Review "per staff' goals and modify as appropriate, and recommend per unit order of magnitude standards that can be applied to new improvements. Transmit to City staff for review and comment. C. Parks Maintenance / Business Plan - Review Business Plan prepared by PARD and comment as appropriate. Incorporate final version into Strategic Plan. D. Forestry Management / Business Plan - Review Business Plan prepared by PARD and comment as appropriate. Incorporate final version into Strategic Plan. Product by Halff—Review current and historical operations and maintenance data provided by PARD, conduct round table session with managers, conduct round table discussion with all O&M staff, prepare suggested revisions to performance and operational standards, prepare summary of recommendations and transmit to PARD for review and comment. Review Maintenance and Forestry Business Plans prepared by PARD, comment as appropriate, incorporate final versions into the Strategic Plan. Task Components by Round Rock Staff— Provide data on current and historical (last 3 to 5 years) O&M operations, including staffing levels, areas maintained, current efficiency requirements and current performance standards. Prepare Maintenance and Forestry Program Business Plan text, transmit to Planning Team in digital format for inclusion in the Strategic Master Plan PHASE VII-MARKETING AND PUBLIC RELATIONS PLAN A. Program and Event Sponsorship Plan — Review current plan by PARD, suggest recommended changes based on best practices, and recommend and develop plan components based on current needs identified in planning process. Incorporate document into Strategic Plan. 22 B. Naming Rights Plan - Provide sample plans from other locations that appear to be successful, and prepare recommendations for use by PARD. Incorporate recommendations into Strategic Plan. C. Public Relations/Outreach Plan - Suggest plan components based on current needs identified in planning process, review plan prepared by PARD, and incorporate document into Strategic Plan. Product by Halff—Review current plans for sponsorship, naming and public relations/outreach. Recommend changes or improvements to plans, provide sample naming rights plans from other similar communities, and incorporate recommendations into the Strategic Plan. Task Components by Round Rock Staff— Transmit current plans and policies to Planning Team, update Sponsorship and Public Relations Plans with suggested recommendations from the Planning Team. PHASE VIII-RECREATION BUSINESS PLAN A. Business Plan for Recreation Facilities and Programs - Review and comment as appropriate, and incorporate into the Strategic Plan document. B. Business Plan for Athletic Leagues - Review and comment as appropriate, and incorporate into the Strategic Plan document. C. Business Plan for Aquatic Facilities and Programs - Review and comment as appropriate, and incorporate into the Strategic Plan document. Product by Halff — Review and comment as appropriate in written format. Format and incorporate final plans into overall Strategic Plan document. Task Components by Round Rock Staff—Prepare Business Plans for Recreation Facilities and Programs, Athletic Leagues and Aquatic Facilities and Programs. Transmit to Planning Team for review and comment. PHASE IX-PARKS AND RECREATION ADMINISTRATION PLAN A. Administrative Support Plan - Review Plan prepared by PARD and comment as appropriate, and incorporate into the Strategic Plan document. B. Technology Plan - Review Plan prepared by PARD and comment as appropriate, and incorporate into the Strategic Plan document. Product by Halff — Review and comment as appropriate in written format. Format and incorporate final plans into overall Strategic Plan document. Task Components by Round Rock Staff — Prepare Business Plans for Administration and Technology Components, and transmit to Planning Team for review and comment. 23 PHASE X-ECONOMIC IMPACT OF PARKS AND RECREATION IN CITY A. Assemble relevant data for Economic Impact Assessment 1. Review best practices and other national and state studies on economic impacts of leisure. Summarize for Strategic Plan document. 2. Determine key test areas in each quadrant of the City. Review with PARD and Planning Department to verify that they are generally representative of that area of the City. Test two neighborhoods in each quadrant of the City. Test an additional two areas based on special conditions if necessary. 3. Using CAD data for 2007 and for 2001 and 2003 as acquired by PARD or City staff,map percent of value changes in key neighborhoods in each sector of the city. Color code for rate of increase. Assess other factors beyond parks that may influence change (i.e. increased access, new employers, etc.) 4. Local impact of park facilities — property tax impact — Review WCAD data for sample neighborhoods with and without parks. Compare percent change in year to year valuations over 5 and 10 year period of time. 5. Impact of Major Events — Tournaments and Festivals — Review Chamber of Commerce and PARD data on current and historical projected expenditure amounts per visitor. 6. Tax Valuation Increase for Greenbelts —Assemble data on values adjacent to greenbelts and linear park or trail corridors. Compare values in areas where recent facilities have been added. B. Summary Economic Impact Report - Prepare summary report for Strategic Master Plan document. Review with staff and modify as appropriate. Product by Halff— Assemble information on economic influence of parks and greenbelts from other nationwide and state sources. Determine test areas, map data on values in GIS, prepare summary of results and review with PARD. Prepare summary report for inclusion in Strategic Plan document. Task Components by Round Rock Staff — Provide WCAD data for current and historical property values for selected test areas. Review report by Planning Team and comment as appropriate. PHASE XI -PARTNERSHIP AND ALTERNATIVE FUNDING PLAN A. Review current alternative funding programs (if applicable), such as RR Parks Foundation. Suggest goals and role, governance methodology, method of interaction with City. Prepare summary report for inclusion in the Strategic Plan Product by Halff— Prepare draft text, review with City, modify per comments received and incorporate into Strategic Plan document. Task Components by Round Rock Staff—Review and comment as appropriate. 24 Exhibit "B" Services to be Performed by City PROJECT ASSUMPTIONS The Scope of Services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. All files will be provided in digital format. Where possible, files that may be used for content in the Master Plan report should be provided in their original file format (i.e. Word,Excel, etc). 2. The City of Round Rock will provide and coordinate advertising, meeting announcements and locations for project meetings, public meetings and planning effort-related workshops. 3. City of Round Rock staff members are sometimes referred to as "PARD" in this document. INFORMATION TO BE PROVIDED BY THE CITY OF ROUND ROCK The following items will be supplied by PARD to the Planning and Design Team: 1. Citywide Base File Data - PARD will provide the Planning and Design Team with the most recent available base information, including; ■ Digital aerial photography of the City and surrounding extraterritorial jurisdiction (ETJ) lands; ■ GIS files for existing parks, existing and proposed roads, property boundaries, floodplains, railroads, topography, utility corridors, census tract boundaries, and City- owned properties. • Other GIS layer 2. Other Relevant Studies or Reports - Digital copies of other relevant or recent studies, including previous Parks Master Plan, Recreation Facilities Assessments, Aquatic Facility assessment(s), Importance vs. Performance Data assembled in 2006, other recent Citywide citizen surveys, and any other relevant studies. 3. Relevant Ordinances—Copy of relevant City ordinances, including parkland dedication ordinance and other City requirements. 4. Citywide park system asset inventory—Inventory of parks in the Round Rock system, including number and condition of facilities in each park, and staff assessment of each park to be included in the Master Plan. Inventory files will be provided in GIS shape file format as well as in Excel format. 5. Leadership Plan components — To be written by PARD and provided in digital format for inclusion in the Master Plan. 25 6. Program Inventory and Assessments - Inventory and Assessment of Recreation programs, senior programs, aquatic programs, forestry programs and marketing programs in written format. 7. Master Plan Web Site — Prepare master planning web page for dissemination of planning information. Set-up, design and maintenance of the site will be by the City of Round Rock. Some content will be provided by Halff Associates Inc. as products of the master planning process. 8. Interview and Meeting Invitations and Arrangements — Arrange meeting times and invite attendees to interviews and round table meetings. Prepare notifications for public meetings and arrange for advertisements in local media and on City cable access channel. 9. New Trails — Provide information on new trails that have been built since Trails Plan was created in 2004. PDF files of plan layouts or general alignments will suffice. 10. CIP Format — Provide example of standard City format for CIP products developed in Phase V. 11. Large Asset Life Cycle Analyses — Prepare draft analyses for review and incorporation by Planning and Design Team. 12. Small Asset Life Cycle Analyses--Prepare draft analyses for review and incorporation by Planning and Design Team. 13. Operations and Maintenance Standards and current budget amounts — Provide current standards, budgeted amounts, currently used performance standards. 14. Parks Maintenance Business Plan — Prepare business plan document and provide in digital format for incorporation into Master Plan. 15. Forestry Management Business Plan —Prepare forestry management business plan and provide in digital format for incorporation into the Master Plan document. 16. Program and Event Sponsorship Plan — Prepare program and event sponsorship plan document and provide in digital format for incorporation into the Master Plan document. 17. Public Relations/Outreach Plan—Prepare public relations/outreach plan document and provide in digital format for incorporation into the Master Plan document. 18. Business Plan for Recreation Facilities and Pro rams—Prepare document and provide in digital format for incorporation into the Master Plan document. 19. Business Plan for Athletic Leagues — Prepare document and provide in digital format for incorporation into the Master Plan document. 20. Business Plan for Aquatic Facilities and Programs - Prepare document and provide in digital format for incorporation into the Master Plan document. 21. Economic Impact Data—Provide relevant data assembled by other City departments or organizations (such as the Chamber of Commerce) that have documented potential economic impacts of recreation events, either recently or in the past. 22. Provide appropriate review and comment — Review and provide comments as components of the Master Plan are submitted. 26 Exhibit "C" Estimated Work Schedule PROJECT SCHEDULE -Estimated durations are in weeks. Some tasks may overlap,resulting in the estimated overall completion timeframe. The official schedule will be confirmed during the initial project meeting. Note that the schedule may be adjusted during the course of the planning effort to meet specifically agreed upon milestones or key dates, and such changes, where approved by the City, will become the official schedule for the planning effort. City of Round Rock staff shall be referred to as PARD. Phase I Leadership Plan (provided by PARD within three calendar months) Phase II Comprehensive Parks Plan 100% Complete by August 1, 2008 Phase III Minor Trail Plan Update By March 1,2008 Phase IV Acquisition Plan By March 1,2008 Phase V Capital Improvements Plan Components By May 1, 2008 Phase VI Maintenance and Operations Plan Components By May 1,2008 Phase VII Assist with Marketing/Public Relations Plan By May 1,2008 Phase VIII Incorporate Recreation Business Plan By May 1,2008 Phase IX Incorporate PARD Administration Plan By May 1,2008 Phase X Economic Impact Evaluation By May 1,2008 Phase XI Partnership and Alternative Funding Strategies By May 1 2008 Total Projected Time Frame Completion by August 1,2008 (12 months from projected Start Date of August 1,2007) 27 Exhibit"D" Certificates of Insurance 28 CERTIFICATE OF LIABILITY INSURANCE Date:6/4/07 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Bell Insurance 16980 Dallas Parkway A ACE American Ins. Co. Dallas, Texas 75248 Suzanne Flores B INSURED HALFF ASSOCIATES, INC. C 8616 Northwest Plaza Drive Dallas, Texas 75225 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LDHTS LTR NUMBER DATE DATE A PROFESSIONAL LIABILrrY EONG21673845 7-22-06 7-22-07 $5,000,000 Per Claim Limit $5,000,000 Aggregate Limit DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E.Main Street Round Rock,Texas 78664 attn: Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed N e: Thomas 7.Ashley Title: Senior Vice-President Rev'd 2110/03-Professional Liability Certificate.doc CERTIFICATE OF LIABILITY INSURANCE Date:6/4/07 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Bell Insurance 16980 Dallas Parkway A ACE American Ins. Co. Dallas, Texas 75245 Suzanne Flores B INSURED HALFF ASSOCIATES, INC. C 8616 Northwest Plaza Drive Dallas, Texas 75225 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE A PROFESSIONAL LIABILITY EONG21673845 7-22-06 7-22-07 $5,000,000 Per Claim Limit $5,000,000 Aggregate Limit DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E.Main Street Round Rock,Texas 78664 ann: Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED REPRESENTATIVE rh Typed A= Thomas J.Ashley Title: Senior Vice-President Rev'd 2/10/03-Professional Liability Certificate.doc AUULW CERTIFICATE OF LIABILITY INSURANCE06/044/200/200,'' 7 PRODUCER (972)581-4800 FAX (972)581-4850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 16980 Dallas Parkway HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75248 Suzanne Flores INSURERS AFFORDING COVERAGE NAIC# INSURED Halff Associates, Inc.- INSURERA: Hartford Casualty Ins. Co. Mr. Roger Burns INSURER B: 8616 Northwest Plaza Dr. INSURER C: Dallas, TX 75225 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR W= LIMITS GENERAL LIABILITY 46UUNIY5768 07/12/2006 07/12/2007 EACH OCCURRENCE $ 11000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED M(Ea acm wamce) $ 11000.000 CLAIMS MADE FX]OCCUR MED EXP(Any one person) $ 10,000 A X Contractual Li ab PERSONAL&ADV INJURY $ 1.000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFXPRO JECT n LOC AUTOMOBILE LIABILITY 46UUNIYS768 07/12/2006 07/12/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY 46XHUIY6677 07/12/2006 07/12/2007 EACH OCCURRENCE $ 5,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 51000,000 A $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND 46WENV6090 07/12/2006 07/1.2/2007 X wcsrATTJ- oTH- EMPLOYERS'LIABILITY I - A ANY PROPRIEfORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? Il yE.L DISEASE-EA EMPLOYE r ,$ 1 000 000 es,describe under SPECIAL PROVISIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 OTHER CRIPTION OF OPERATIONS/LOCATIONS I VEHICLES t EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ,DESCity of Round Rock Parks Master Plan project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Round Rock 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Christine Martinez, City Secretary BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 221 E. Main Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Round Rock, TX 78664 AUTHORREDREPRESENTATIVE IL 7 Thomas 3. Ashley/SHF ACORD 25(2001/08) OACORD CORPORATION 1988 DATE: July 5, 2007 SUBJECT: City Council Meeting - July 12, 2007 ITEM: 11F1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with Halff Associates, Inc. for the Strategic Parks and Recreation Master Plan. Department: Parks and Recreation Staff Person: Rick Atkins, Parks and Recreation Director David Buzzell, Parks Development Manager Justification: The Strategic Parks and Recreation Master Plan will be an update to the Parks and Open Space Master Plan from 2001. The strategic plan will also be expanded to include department business plans, maintenance and operations plan, capital improvements plan, and partnership and alternative funding plan. This will also include a minor update to the 2004 Citywide Trails Master Plan and included in the overall Strategic Parks and Recreation Master Plan. Funding• $165,000.00 Cost: $163,845.00 Source of funds: 2000 CO's and General Self Finance Outside Resources: Halff Associates, Inc. Background Information: Due to the growth of the city, the 2001 Parks and Open Space Master Plan is outdated and no longer is a useful planning tool for the department. Therefore in late 2005, PARD sent out a Request for Qualifications (RFQ) for a new Strategic Master Plan. Due to the Ten Year Plan Process, the Strategic Parks and Recreation Master Plan was on hold until the Ten Year Plan Process was complete. The Strategic Parks and Recreation Master Plan will be a comprehensive plan that can be used by staff to plan for the growth of the city and the maintenance and operational requirements that accompany that growth. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS CITY OF ROUND ROCK AGREEMENT FOR CONSULTING SERVICES FOR STRATEGIC PARKS AND RECREATION MASTER PLAN WITH HALFF ASSOCIATES INC. THIS AGREEMENT is made and entered into on this the day of , 2007,by and between the City of Round Rock, a Texas home-rule municipal corp tion, v1hose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (hereinafter referred to as the "City"), and Halff Associates Inc., whose offices are located at 4030 West Braker Lane, Suite 450,Austin, Texas, 78759 (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to contract for Consultant's assistance in preparing an update of the 2001 Citywide Parks and Recreation Master Plan (including public input, needs assessments and master plan recommendations); in preparing a minor update to the 2004 Citywide Trails Master Plan; in assisting in preparing a capital improvements plan for the parks system; in assisting in determining property to be preserved as potential future park lands; in assisting in analyzing the parks system operations and maintenance activities and standards; and in preparing information to help illustrate the economic impact of parks on property values and the economy of Round Rock; and WHEREAS, the parties desire to enter into this Agreement to set forth in writing their respective rights, duties and obligations hereunder; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: 1.01 EFFECTIVE DATE,DURATION,AND TERM This Agreement shall be effective on the date it has been signed by every party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be for eighteen(18) months from effective date hereof. 1.02 GENERAL CONDITIONS The General Conditions contained herein shall apply to the Proposal for Services, attached hereto as Exhibit "A" and made a part hereof of all appropriate purposes. This Agreement and such Proposal for Services is entered into by and between the City of Round Rock or its subsidiaries or affiliates (collectively "City") and Halff Associates Inc. or any entity directly or indirectly owned or controlled by same (collectively"Halff Associates"). 00117592/jkg 1.03 PROPOSAL FOR SERVICES For purposes of this Agreement, Consultant has issued its Proposal for Services for the assignment(s) delineated therein. Such Proposal for Services is appended to this Agreement and is labeled as Exhibit "A." Such Proposal for Services is deemed to incorporate the General Conditions contained herein. Except with respect to the description of specific services and fees for the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement itself shall prevail over any conflicting terms therein. Taken together with the appended Proposal for Services, the General Conditions contained in this Agreement shall evidence the entire understanding and agreement between the parties and supersede any prior proposals, correspondence or discussions. 1.04 SCOPE OF SERVICES Consultant shall satisfactorily provide all services described under this "Scope of Services" category and under Exhibit "A." Consultant's undertakings shall be limited to performing services for City and/or advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform its services in accordance with these General Conditions and this Agreement, in accordance with the appended Proposal for Services, in accordance with due care, and in accordance with prevailing consulting industry standards for comparable services. 1.05 PAYMENT FOR SERVICES; SUPPLEMENTAL AGREEMENTS Payment for Services: In consideration for the consulting services to be performed by Consultant, City agrees to pay Consultant the following sum(s)as stated herein: Phase I Leadership Plan $ 0 Phase II Comprehensive Parks Plan $ 94,229 Phase III Minor Trail Plan Update $ 14,015 Phase IV Acquisition Plan $ 5,809 Phase V Capital Improvements Plan Components $ 5,772 Phase VI Maintenance/Operations Plan Components $ 11,804 Phase VII Assist with Marketing/Public Relations Plan$ 2,485 Phase VIII Incorporate Recreation Business Plan $ 863 Phase IX Incorporate PARD Administration Plan $ 550 Phase X Economic Impact Evaluation $ 16,102 Phase XI Partnership/Alternative Funding Strategies $ 3,516 Total for Phase Deliverables $ 155,145 Reimbursable Expenses Not to exceed $ 8,700 TOTAL $ 163,845 The parties agree that fees for individual phases or phase tasks may vary, but that the overall fee of$155,145.00 shall be a not-to-exceed amount. Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council or City Manager action, Consultant's total compensation hereunder shall not exceed $163,845.00, including any Reimbursable Expenses. This amount represents the absolute limit of City's liability to Consultant hereunder unless same shall be changed by additional Supplemental Agreement hereto. Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to Consultant. Additions. No additions shall be made to Consultant's compensation based upon Project claims,whether paid by City or denied. Supplemental Agreements. The terms of this Agreement may be modified by written Supplemental Agreement hereto, duly authorized by City Council or City Manager action, if City determines that there has been a significant change in (1) the scope, complexity, or character of the services to be performed; or (2) the duration of the work. Any such Supplemental Agreement must be executed by both parties within the period specified as the term of this Agreement, that being eighteen (18) months from the effective date hereof. Consultant shall not perform any work or incur any additional costs prior to the execution, by both parties, of such Supplemental Agreement. Consultant shall make no claim for extra work done or materials furnished unless and until there is full execution of any Supplemental Agreement, and City shall not be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 1.06 TIMETABLES Unless otherwise indicated to Consultant in writing by City, or unless Consultant is unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control, the following timetable structure and deliverable due dates shall apply: eighteen (18) months from date of execution hereof, and in reasonable conformity to the estimated schedule delineated on Exhibit"C." 1.07 TERMS OF PAYMENT; REIMBURSABLE EXPENSES Invoices. To receive payment for services, Consultant shall prepare and submit a series of monthly invoices in a form acceptable to City. Each invoice for professional services shall track the "Scope of Services" category herein, and shall state and detail the services performed, along with documentation for each service performed. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should additional backup material be requested by City, 3 Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Consultant and to adjust same to meet the requirements of this Agreement. Following approval of invoices, City shall endeavor to pay Consultant promptly, but no later than the time period required under the Texas Prompt Payment Act described in Section 1.08 herein. Under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. City shall be responsible for any sales, gross receipts or similar taxes applicable to the services, but not for taxes based upon Consultant's net income. Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt(including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. Reimbursable Expenses. Payment for customary reimbursable expenses hereunder shall not exceed the maximum sum of$8,700.00. City shall pay Consultant for reimbursable expenses on a monthly basis, as invoiced and documented, at actual cost. Customary reimbursable expenses shall include such items as the following: a. Travel; b. Mileage; C. Photography; d. Color renderings; e. Delivery charges; f. Telephone charges related to the telephone survey deliverable; and g. Printing of required final full-color reports (additional printing to be done by City as an agreed cost-saving measure). 1.08 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Consultant will be made within thirty (30) days of the day on which City receives the performance, or within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for the performance or services, whichever is later. Consultant may charge a late fee (not greater than that which is permitted by Texas law) for payments not made in accordance with this Prompt Payment Policy; however, this policy does not apply to payments made by City in the event: 1. There is a bona fide dispute between City and Consultant concerning the services performed that causes the payment to be late; or 4 2. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or 3. There is a bona fide dispute between Consultant and a subcontractor or between a subcontractor and its supplier concerning the services performed which causes the payment to be late; or 4. The invoice is not mailed to City in strict accordance with instructions, if any, on any purchase order or this Agreement. 1.09 NON-APPROPRIATION This Agreement is a commitment of City's current revenues only. It is understood and agreed that City shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by City's budget for the fiscal year in question. City may effect such termination by giving Contractor a written notice of termination at the end of its then-current fiscal year. 1.10 TERMINATION OR DEFAULT Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. City acknowledges Consultant's documents as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement (including by way of illustration and not limitation all plans, field surveys, maps, cross sections and other data, designs and work related to the Project) shall become the property of City upon completion of the work and payment in full of all monies due to Consultant. Should City subsequently contract with a new consultant for continuation of services on the Project, Consultant shall cooperate in providing information. City agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees) arising out of any authorized reuse or modification of the construction documents by City or any person or entity that acquires or obtains the plans and specifications from or through City without the written authorization of Consultant. Default. Nothing contained in the preceding paragraph shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant 5 when Consultant is in default under this Agreement, nor shall this paragraph constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.11 CITY'S RESPONSIBILITIES Full information. City shall provide full information regarding Project requirements. City shall have the responsibility of providing Consultant with such documentation and information as is reasonably required, if any, to enable Consultant to provide the services called for. City shall cause its employees and any third parties who are otherwise assisting, advising or representing City to cooperate on a timely basis with Consultant in the provision of its services. Consultant may rely upon written information provided by City and its employees and agents as accurate and complete. Consultant may rely upon any written directions provided by City and its employees and agents concerning provision of services. Specific services. City shall provide services and/or furnish information as delineated on Exhibit`B." Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. Survey. At City's election, City shall furnish (or direct Consultant to obtain at City's expense) certified surveys of relevant sites, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or adjacent to the sites, other improvements and trees; and full information as to available service and utility lines, both public and private, and test borings, pits, reports and soil bearing values and other necessary operations for determining subsoil conditions. Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other tests, reports and inspections as required by law or as required by Project documents. 1.12 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor, not City's employee. Consultant's employees or subcontractors are not City's employees. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts as agent for the other party. Consultant and City agree to the following rights consistent with an independent contractor relationship: 6 1. Consultant has the right to perform services for others during the term of this Agreement; 2. Consultant has the sole right to control and direct the means, manner and method by which services required by this Agreement will be performed; 3. Consultant has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement; 4. Consultant or its employees or subcontractors shall perform the services required hereunder. City shall not hire, supervise, or pay any assistants to help Consultant; 5. Neither Consultant nor its employees or subcontractors shall receive any training from City in the skills necessary to perform the services required by this Agreement; 6. City shall not require Consultant its employees or subcontractors to devote full time to performing the services required by this Agreement; and 7. Neither Consultant nor its employees or subcontractors are eligible to participate in any employee pension,health, vacation pay, sick pay, or other fringe benefit plan of City. 1.13 CONFIDENTIALITY; DISPOSITION OF MATERIALS Each party shall take reasonable measures to preserve the confidentiality of any proprietary or confidential information provided to it in connection with this engagement, provided that no claim may be made for any failure to protect information that occurs more than two (2)years after the termination or expiration of this Agreement. At the conclusion of the engagement, upon written request, each party shall return to the other all materials, data and documents provided to the other party, except that Consultant may retain one (1) copy of City's materials for its archival purposes, subject to Consultant's confidentiality obligations hereunder. City shall retain ownership of all data and materials provided by it to Consultant. Original drawings shall remain the property of Consultant. The parties expressly acknowledge that City is a Texas home-rule municipality and, as such, is subject to the Texas Public Information Act, and its duties run in accordance therewith. 1.14 LIMITATION OF LIABILITY Services provided and performed by Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the 7 same profession currently practicing under similar circumstances. However, should any of Consultant's services not conform to these requirements and the appended Proposal for Services, then and in that event City shall give written notification to Consultant; thereafter, Consultant shall, at its discretion, either (a) promptly re-perform such services to City's satisfaction at no additional charge, or (b) promptly refund the portion of the fees paid with respect to such services. In the event that re-performance of services or refund of applicable fees would not provide an adequate remedy to City for damages arising from the performance, nonperformance or breach of this Agreement and the appended Proposal for Services, then and in that event Consultant's maximum total liability, including that of any employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall be limited to direct damages in an amount not to exceed the total fees payable under this Agreement. The foregoing limitation of liability shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors, or from bodily injury, death of any person, or damage to any real or tangible personal property. Neither party shall be liable for any indirect, special or consequential damages. 1.15 INDEMNIFICATION Consultant agrees to hold harmless and indemnify City for and from any third parry claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the negligence of Consultant or its employees or agents in the course of performing services. The limitation of liability set forth in Section 1.14 herein applies to Consultant's indemnity obligations pursuant to this Section 1.15, but the limitation shall not apply to the extent that any liability arises from the gross negligence or willful misconduct of Consultant, its employees, affiliates, agents or contractors or from bodily injury, death of any person, of damage to any real or tangible personal property. Except to the extent that Consultant is obligated to indemnify City, City shall indemnify and hold Consultant, its employees, affiliates or agents harmless from any third party claim or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in connection with the services performed by Consultant or City's use thereof. 1.16 INSURANCE Insurance. Consultant, at Consultant's sole cost, shall have and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. Certificates of insurance are included herewith as Exhibit"D". 8 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Consultant, Consultant shall require each subconsultant performing work under this Agreement to maintain during the term of the Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in the immediately preceding paragraph, including the required provisions and additional policy conditions as shown below. For purposes of this Agreement, the telephone survey subconsultant firm of Raymond Turco and Associates is exempted from the requirements of the preceding paragraph. Consultant shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Consultant must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. Insurance Policy Endorsements. Each insurance policy hereunder shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty(30) days prior to the expiration, cancellation, on-renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation,non-renewal, or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) Terms "City" or "City of Round Rock" shall include all authorities, boards, commissions, departments, and officers of City and individual members, employees and agents in their official capacities, or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any future coverage, or to City's Self-Insured Retentions of whatever nature. (5) Consultant and City mutually waive subrogation rights each may have against the other for loss or damage,to the extent same is covered by the proceeds of insurance. 9 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. 1.17 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the services contracted for herein. Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 1.18 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the Project. 1.19 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. 1.20 LOCAL, STATE AND FEDERAL TAXES Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred while performing services under this Agreement. City will not do the following: 1. Withhold FICA from Consultant's payments or make FICA payments on Consultant's behalf; or 2. Make state and/or federal unemployment compensation contributions on Consultant's behalf; or 3. Withhold state or federal income tax from Consultant's payments. 10 1.21 NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to recipient's address as stated in this Agreement; or 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Consultant: Halff Associates Inc. 4030 West Braker Lane, Suite 450 Austin, Texas 78759 Notice to City: City Manager AND TO: City Attorney 221 East Main Street 309 East Main Street Round Rock, TX 78664 Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of City and Consultant. 1.22 APPLICABLE LAW; ENFORCEMENT AND VENUE This Agreement shall be enforceable in Round Rock, Texas; if legal action is necessary by either parry with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 1.23 EXCLUSIVE AGREEMENT This document, and all appended documents, constitutes the entire Agreement between Consultant and City. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. 1.24 DISPUTE RESOLUTION If a dispute or claim arises under this Agreement, the parties agree to first try to resolve the dispute or claim by appropriate internal means, including referral to each party's senior management. If the parties cannot reach a mutually satisfactory resolution,then and in that event 11 any such dispute or claim will be sought to be resolved with the help of a mutually selected mediator. If the parties cannot agree on a mediator, City and Consultant shall each select a mediator and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees, associated with the mediation shall be shared equally by the parties. City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 1.25 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement, through a process of mutual agreement and negotiation, to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 1.26 MISCELLANEOUS PROVISIONS Time of the Essence. Consultant agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within the agreed Project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. Where damage is caused to City due to Consultant's failure to perform in these circumstances, City may withhold, to the extent of such damage, Consultant's payments hereunder without waiver of any of City's additional legal rights or remedies. City shall render decisions pertaining to Consultant's work promptly to avoid unreasonable delays in the orderly progress of Consultant's work. Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates indicated. 12 CITY OF ROUND ROCK, TEXAS ATTEST: By: �. ell,Mayor Christine R. Martinez. City Secretary Date Signed: �/—: _ Date Signed: o FO C TY,APPROVED AS TO FORM: J r AJ Stephan . Sheets, City Attorney HALFF ASSOCIATES INC. B £ Jam E. Carillo, A.S.L.A.,A.I.C.P., Vi President Date Signed: & —2-5'—2-007 EXHIBITS Exhibit"A": ProposaI for Services Exhibit"B": Services to be Performed by City Exhibit"C": Estimated Work Schedule Exhibit"D": Certificates of Insurance 13 Exhibit"A" Scope of Services to be Performed by Consultant The scope of work for this planning effort includes the preparation of an update of the 2001 Citywide Parks and Recreation Master Plan (including public input, needs assessments and master plan recommendations), a minor update of the 2004 Citywide Trails Master Plan, assistance in the preparation of a capital improvements plan for the parks system, assistance in the determination of future lands to be preserved as potential parklands, assistance in an analysis of the parks system operations and maintenance activities and standards, and the preparation of information that can help illustrate the economic impact of parks on property values and the economics of Round Rock. Five final copies of the plan will be printed, and another 15 copies will be provided on CD-Rom. Original digital files will be provided to the City of Round Rock in Word and PDF formats. Proiect Assumptions The scope of services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. The project area will include the current city limits and the current extraterritorial jurisdiction of the city of Round Rock. 2. The planning effort will include a 600 person citywide telephone survey as a major component of the Parks Master Plan. This survey will be conducted by Ray Turco and Associates. 3. Assistance in preparing operations reviews will be conducted by CEBP Inc., led by Bill Beckner. 4. Cost projections prepared as part of this effort are understood to be at a planning level, and are prepared prior to any detailed master planning for individual projects. These cost projections use professional judgment and are at an order of magnitude level. Such cost projections may vary as more detailed design occurs and as inflationary influences occur. 5. The City of Round Rock will secure the necessary permissions from adjacent landowners for access through or across any non-City properties as a part of planning efforts associated with this project. 6. Efforts and products to be provided by the City of Round Rock are listed in Exhibit `B"; many of these products, such as the inventory of parks, are key background information for the project. 7. Products provided by the City of Round Rock are assumed to have a level of accuracy that is appropriate for a master planning effort. 8. The City of Round Rock will advertise all notices and announcements for public meetings or events conducted as part of this process. 14 9. The City of Round Rock Parks and Recreation Department staff will coordinate and schedule all meetings and presentations to Boards and Commissions that may be required as part of this design process. 10. Tasks prepared as part of this planning effort may occur concurrently where appropriate, or in some cases may deviate from the sequence shown in this scope of services document. Scope of Services The planning effort scope of services is shown below. PHASE I—REVIEW OF LEADERSHIP PLAN A.Mission Statement—Incorporate statement and mission parameters prepared by PARD. B. Goals and Objectives—Incorporate text by PARD. C. Policies—Incorporate text and summary prepared by PARD. Product by Halff—Incorporate text by PARD into Master Plan document. Task Components by Round Rock Staff- Develop Mission Statement, goals and objectives, review current policies and determine where modifications are needed. Provide draft to Planning Team for incorporation into the master planning effort. PHASE II - COMPREHENSIVE PARKS PLAN A.Pre-Planning and Background Information 1. Pre-planning—Incorporate base mapping and GIS data base prepared by City of Round Rock. Conduct kick-off meeting to discuss schedules, deliverables, key review points, etc. Determine City sectors to use. Review previous studies for aquatics and indoor recreation, and prepare summary of key findings. 2. History of past plan and achievements of that plan - Incorporate outline summary prepared by staff into document. Summarize 10 year plan goals and objectives. 3. Unit of government-Develop text for report and necessary mapping. 4. Socio-economic data - Assemble data from Census and other data sources. Incorporate other economic data assembled by Chamber and other local sources. Include data on class types, such as creative class, etc. for Round Rock. 5. Demographics - Assemble demographic data by City Planning sector. Prepare table and mapping products for use in report. 6. Population Growth patterns - Incorporate GIS growth pattern plans prepared by City staff. 7. Recreation/ Leisure Trends - Assemble national and state data on general recreation trends. Compare to noted facilities and trends in the Austin metropolitan area. Product by Halff— Attend kickoff meeting, incorporate City GIS files for use in the planning effort, review previous studies, obtain demographic and socio-economic data from City staff, review and incorporate into the plan in written and table format, prepare summary of major national, state and area recreation and leisure trends in written form. 15 Task Components by Round Rock Staff— Provide digital copy of previous master plan and City's comprehensive plan, provide inventory and base GIS files in digital format, provide digital aerial photography of the City, provide most recent population and demographic data, provide data on growth patterns throughout the City. B. Goals and Objectives 1. Review Leadership Plan components and incorporate into plan. Product by Halff — Review goals and objectives for the system prepared by PARD and incorporate into the planning document. Task Components by Round Rock Staff — Provide goals and objectives as part of the leadership plan elements. C. Plan Development Process 1. Prepare illustration of plan process and similar text for report. Develop summary text for report. Product by Halff—Illustration of planning effort, incorporate into the master plan. Task Components by Round Rock Staff—Review and comment as appropriate. D. Inventory of Existing Parks and Facilities/Leisure Activities 1. Review mapping that illustrates locations of park facilities - Review mapping and layers prepared by PARD, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 2. Review assessment of each individual existing park - Tour all park facilities, conduct brief review of potential issues and changes to each existing park. Document with photographs. Review assessments prepared by PARD. 3. Inventory tables - Review tables prepared by PARD, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 4. Facility mapping by type—From information provided by PARD,prepare mapping data base to be used in the planning effort with park facilities by type. Product by Halff— Tour of existing park facilities with PARD, review inventory and mapping provided by PARD and incorporate into planning effort GIS. Task Components by Round Rock Staff—Prepare mapping of existing parks in GIS data base. Provide mapping of each individual park in digital format where available. Prepare inventory of existing parks, both developed and undeveloped. Prepare assessment of improvements required in each park, or issues to be addressed in existing park facilities. 16 E. Inventory of Programs (City and Private) 1. Recreation Programs - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 2. Senior Programs - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 3. Athletic Leagues - Review tables prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 4. Aquatic Programs -Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base. 5. Forestry Programs - Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. 6. Marketing Programs - Review tables and text prepared by City staff, comment and suggest changes or modifications as necessary. Incorporate into data base when complete. 7. Review of Recreation and Aquatic Facilities - In conjunction with staff and Planning Team members, conduct tour of physical facilities used for recreation and aquatics. Document with photography or video. Product by Halff — Review of information provided by PARD, comments or questions in written form, review at meeting with staff(in conjunction with other review items), and attend tour of recreation facilities. Format and incorporate information into the master plan document. Task Components by Round Rock Staff—Provide tables and text describing current inventory and status of recreation, senior, athletic, aquatic, forestry and marketing programs. Transmit to Planning Team in digital format. Attend tour of recreation facilities. F. Citizen Input 1. Strategic Planning Effort Web site - Provide information and content for site prepared by City staff. 2. Interview key groups and stakeholders — Prepare list of questions for interviews and stakeholder meetings. Conduct one-on-one interview with each key stakeholder and group. Include up to 15 interviews. Prepare written summary of each interview for inclusion in report. 3. Citywide Public Opinion Surveys A. Telephone Survey — Prepare survey and review with City staff. Conduct survey for 600 completed questionnaires. Responses will be tabulated by sector of the City, proportional to the population in each sector. Prepare detailed analysis of survey results in report format. B. Online Survey — Develop simple on-line survey that parallels telephone survey and submit to City for placement on City website. Survey will be formatted and compiled using Surveymonkey.com programming. Survey invitation will be transmitted via email and link will be placed on the City web site inviting 17 residents to participate. Prepare analysis of survey results and transmit to City for review. C. School Survey — Develop one-page survey that parallels telephone survey and submit to City for distribution by school district teachers. Compile 1,000 school age student responses. Prepare analysis of the survey results for use in the planning effort. 4. HOA Meetings - Prepare exhibits and summary presentation for use by City staff during meetings. 5. Open House Meetings - Prepare exhibits for three open house meetings. Prepare summary presentation for use during meetings. Develop format for meetings. Assist with leading meetings. Three planning team staff members will attend open house meetings to respond to citizen comments. 6. Importance vs. Performance Matrix - Incorporate findings from previous performance review meetings held in 2006,using more detailed information assembled in 2006. 7. Public Input Summary - Prepare summary of trends, key issues and key opportunities identified by the public input process. Submit to City staff for review and comment. Product by Halff — Prepare questionnaire for interviews, conduct 15 interviews, prepare telephone survey,prepare summary of comments from interviews,prepare analysis of telephone, student and on-line surveys, prepare summary of all public input findings for inclusion in Strategic Plan document. Task Components by Round Rock Staff— Provide zip code data for the City for developing telephone survey phone lists, invite attendees to interviews and organize interview meetings, deliver school surveys to schools and coordinate approval of student survey with RRISD superintendent and principals of schools, provide list of emails for notification of on-line survey, conduct HOA meetings as appropriate and provide summary of comments from each meeting, review analyses provided by Halff and comment as appropriate. G. Needs Assessment and Identification (Parks,Facilities,Programs) 1. Level of Service-Based Needs Approach-Develop current level of service calculations. Using those calculations as a starting point, develop level of service goals, and compare to existing service. Project deficits or surpluses. 2. Demands-Based Needs Approach - Calculate level of service projections based on demand information (number of participants, anticipated growth by attendance or by population). 3. Resource-Based Needs Approach 4. Leisure Market Expansion - Conduct workshop session with City staff and Planning Team. Based on current usage and potential demand, review and assess other leisure activities that could be incorporated into the City's programs. Use trend information, citizen input, and current participation data. 18 5. Needs Assessment Summary - Prepare summary of key needs developed as part of the assessment. Review with City staff, and prepare section text for document. Product by Halff — Prepare needs assessment in table and written text, submit to PARD for review and comment, modify as appropriate and incorporate into Strategic Plan document. Task Components by Round Rock Staff—Review and comment as appropriate. H. Recommendations and Implementation Plan 1. Preliminary Facility Recommendations - Develop preliminary plan recommendations in draft format for review and comment. A. Develop list of potential actions for facilities over next five to ten years. Develop cost estimates for each action, based on current dollars (escalation factor added later based on projected implementation date). B. Develop list of criteria to be used in prioritizing criteria. These may include percentage of projected need, citizen desire for those facilities, greatest benefit for expenditure, etc. Review with staff for approval. 2. Prioritize Plan Recommendations—Prioritize in draft format for review and comment. 3. Funding Requirements/Plan - Project funding requirements to implement prioritized actions. Recommend potential sources of finding for each action. Meet with City Finance staff to determine bonding capacity and other potential revenue sources. Incorporate recommendations of CIP plan in later step. 4. Implementation Plan - Develop action plan that details recommended sequence to implement recommendations. Include suggested timeframe for each action. 5. Governance Plan - Review parkland dedication ordinance and suggest changes to plan. Review park zones and suggest modifications based on best practices in other cities. Suggest changes from one mile grid to more useful system. Suggest possible changes to funding mechanisms as appropriate. 6. Prepare Draft Document - Prepare draft planning document. Format will be 11 x 17 and will match Trails Master Plan format. 15 draft black and white documents will be prepared for internal review and comment. 7. Final Public Review - Conduct presentations with internal department heads for internal review and comment, Planning and Zoning Commission and City Council. Modify plan per input received. Post document to project web site for citizen review. 8. Council Approval and Review by TPWD - Present final document(s) to Council for approval. Submit plan to TPWD for review and approval. Coordinate printing of final document for staff and library copies. A total of 10 final copies in full color will be prepared. Printing will be by Document Engine of Round Rock. Provide electronic versions of plan. 19 9. Summary for Comprehensive Plan - Prepare executive summary for insertion in City's Comprehensive Plan document. Product by Halff — Prepare plan recommendations in map and report format, review with PARD and edit per comments, prepare presentation and illustrations for public review, prepare final document in draft format (15 B/W copies), present at up to five final presentations, including Planning & Zoning, Council, other interested groups, transmit final reports in printed (10 total) and digital format to PARD. Task Components by Round Rock Staff — Review and comment as appropriate, coordinate final presentation times, submit components of plan noted in this Exhibit A to Planning Team for incorporation into the document. PHASE III - CITYWIDE TRAILS MASTER PLAN JMinor update to include new trails and standard "zone" map) A. Inventory of new or modified trails -Insert updated data into plan sheets. B. Review plan goals and policies and adjust as necessary - Review and update goals and policies as appropriate. C. Incorporate strategies for developer construction of trails - Consider amendments to ordinances to require developer construction of trail segments. Consider cost sharing arrangements. D. Incorporate new and adjusted trail corridors citywide - Incorporate mapping for new and adjusted trail corridors. Develop in both GIS layer, with segment data, and as Photoshop pages for report document. Transmit GIS layers to City staff for incorporation into Parks data set. E. Update and republish Trails Plan document - Review current document and update as appropriate. Incorporate new plates showing park zone data. Coordinate printing of documents. Products by Halff—Retrieve previous report content, review new trail information provided by PARD, update GIS trail files, revise overall Trails Plan document and prepare five final copies, incorporate into Strategic Master Plan as freestanding component. Transmit original digital files in both InDesign and PDF format for use by PARD. Task Components by Round Rock Staff— Transmit files on newly constructed and proposed trails throughout the City, as well as developer proposed trails. Review revised trail maps and document, and comment as appropriate. 20 PHASE IV-ACQUISITION PLAN A. Identify corridors or parcels of land to acquire by purchase or ordinance - Identify specific properties or features such as bodies of water that could serve as future parkland sites. Tour sites from adjacent roads with City staff. Document with photography. Select preferred sites and map in GIS. Transmit to City staff for review. B. Project potential acquisition cost for parcels of land with an escalation factor - Summarize potential acquisition costs based on current appraised values and recent escalation values as provided by Round Rock staff. C. Prioritize acquisition opportunities and prepare summary report for inclusion in master plan document. - Summarize land needs and general areas in text format for inclusion in report. Include action plan for land acquisition. Product by Halff—Tour of potential future park sites or opportunity locations,prepare mapping showing geographic location of potential opportunity sites, prepare order of magnitude cost projections for proposed sites, prepare prioritization matrix and recommended acquisition opportunity prioritization table, prepare text and illustrations or maps for inclusion in Strategic Master Plan document. Transmit final maps in GIS format to PARD and City staff. Task Components by Round Rock Staff—Provide available Appraisal District information on property values, review draft opportunity sites and areas and comment as appropriate, review acquisition prioritization and cost projections and comment as appropriate. PHASE V- CAPITAL IMPROVEMENT PLAN A. Identify Yearly CIP Goals and/or Projects - Prepare summary of projects from Action Plan developed in the Strategic Parks Plan. Include potential cost for each with escalation. Yearly Goal not recommended until key needs are addressed (urgency may be such that small yearly goal is insufficient to meet those needs). B. Identify a 5-year and 10 -year CIP Program for Potential Bond Election - Prepare 5 and 10 Year program summary, showing projected costs on a year-by-year basis. Include information on need and justification for each item. Transmit to City for review and comment. When approved, incorporate into Strategic Plan document. C. Life-Cycle Plan for Large Assets — Research and provide information from other comparable systems on life cycle formats and timeframes that have been successfully used. Transmit to PARD for use in developing a life cycle plan (by PARD) for major outdoor facilities such as playground equipment, etc. Review draft plan by PARD and comment, incorporate into the Strategic Plan. D. Life-Cycle Plan for Smaller Assets - Research and provide information from other comparable systems on small asset life cycle formats and timeframes that have been successfully used. Transmit to PARD for use in developing a life cycle plan (by PARD) for other smaller assets such as picnic tables, drinking fountains, etc. Review draft plan by PARD and comment, incorporate into the Strategic Plan. 21 Product by Halff — Prepare draft CIP in City format, transmit to PARD for review and comment. Incorporate projections for bond cycle funding (amounts, potential elements in each, rational for inclusion, and projected timeframe), provide information on best practices for both large and smaller asset life cycle analysis, review draft information provided by PARD and comment, incorporate life cycle plan components by PARD into the Strategic Master Plan. Task Components by Round Rock Staff— Transmit typical City CIP format information to Planning Team,prepare draft large and smaller asset life cycle plan components. PHASE VI-MAINTENANCE AND OPERATION PLAN A. Level of Service Standards per classification - Review current operations and standards. Meet with O&M staff to review opportunities and constraints. Suggest changes based on current practices. B. O&M Projections of Plan Recommendations & CIP Plan - Based on data provided by PARD staff, prepare general assessment of operations and maintenance expenditures and staffing. Recommend changes as appropriate. Review "per staff' goals and modify as appropriate, and recommend per unit order of magnitude standards that can be applied to new improvements. Transmit to City staff for review and comment. C. Parks Maintenance / Business Plan - Review Business Plan prepared by PARD and comment as appropriate. Incorporate final version into Strategic Plan. D. Forestry Management / Business Plan - Review Business Plan prepared by PARD and comment as appropriate. Incorporate final version into Strategic Plan. Product by Halff—Review current and historical operations and maintenance data provided by PARD, conduct round table session with managers, conduct round table discussion with all O&M staff, prepare suggested revisions to performance and operational standards, prepare summary of recommendations and transmit to PARD for review and comment. Review Maintenance and Forestry Business Plans prepared by PARD, comment as appropriate, incorporate final versions into the Strategic Plan. Task Components by Round Rock Staff— Provide data on current and historical (last 3 to 5 years) O&M operations, including staffing levels, areas maintained, current efficiency requirements and current performance standards. Prepare Maintenance and Forestry Program Business Plan text, transmit to Planning Team in digital format for inclusion in the Strategic Master Plan PHASE VII-MARKETING AND PUBLIC RELATIONS PLAN A. Program and Event Sponsorship Plan — Review current plan by PARD, suggest recommended changes based on best practices, and recommend and develop plan components based on current needs identified in planning process. Incorporate document into Strategic Plan. 22 B. Naming Rights Plan - Provide sample plans from other locations that appear to be successful, and prepare recommendations for use by PARD. Incorporate recommendations into Strategic Plan. C. Public Relations/Outreach Plan - Suggest plan components based on current needs identified in planning process, review plan prepared by PARD, and incorporate document into Strategic Plan. Product by Halff—Review current plans for sponsorship, naming and public relations/outreach. Recommend changes or improvements to plans, provide sample naming rights plans from other similar communities, and incorporate recommendations into the Strategic Plan. Task Components by Round Rock Staff— Transmit current plans and policies to Planning Team, update Sponsorship and Public Relations Plans with suggested recommendations from the Planning Team. PHASE VIII-RECREATION BUSINESS PLAN A. Business Plan for Recreation Facilities and Programs - Review and comment as appropriate, and incorporate into the Strategic Plan document. B. Business Plan for Athletic Leagues - Review and comment as appropriate, and incorporate into the Strategic Plan document. C. Business Plan for Aquatic Facilities and Programs - Review and comment as appropriate, and incorporate into the Strategic Plan document. Product by Halff — Review and comment as appropriate in written format. Format and incorporate final plans into overall Strategic Plan document. Task Components by Round Rock Staff—Prepare Business Plans for Recreation Facilities and Programs, Athletic Leagues and Aquatic Facilities and Programs. Transmit to Planning Team for review and comment. PHASE IX-PARKS AND RECREATION ADMINISTRATION PLAN A. Administrative Support Plan - Review Plan prepared by PARD and comment as appropriate, and incorporate into the Strategic Plan document. B. Technology Plan - Review Plan prepared by PARD and comment as appropriate, and incorporate into the Strategic Plan document. Product by Halff — Review and comment as appropriate in written format. Format and incorporate final plans into overall Strategic Plan document. Task Components by Round Rock Staff — Prepare Business Plans for Administration and Technology Components, and transmit to Planning Team for review and comment. 23 PHASE X-ECONOMIC IMPACT OF PARKS AND RECREATION IN CITY A. Assemble relevant data for Economic Impact Assessment 1. Review best practices and other national and state studies on economic impacts of leisure. Summarize for Strategic Plan document. 2. Determine key test areas in each quadrant of the City. Review with PARD and Planning Department to verify that they are generally representative of that area of the City. Test two neighborhoods in each quadrant of the City. Test an additional two areas based on special conditions if necessary. 3. Using CAD data for 2007 and for 2001 and 2003 as acquired by PARD or City staff,map percent of value changes in key neighborhoods in each sector of the city. Color code for rate of increase. Assess other factors beyond parks that may influence change (i.e. increased access, new employers, etc.) 4. Local impact of park facilities — property tax impact — Review WCAD data for sample neighborhoods with and without parks. Compare percent change in year to year valuations over 5 and 10 year period of time. 5. Impact of Major Events — Tournaments and Festivals — Review Chamber of Commerce and PARD data on current and historical projected expenditure amounts per visitor. 6. Tax Valuation Increase for Greenbelts —Assemble data on values adjacent to greenbelts and linear park or trail corridors. Compare values in areas where recent facilities have been added. B. Summary Economic Impact Report - Prepare summary report for Strategic Master Plan document. Review with staff and modify as appropriate. Product by Halff—Assemble information on economic influence of parks and greenbelts from other nationwide and state sources. Determine test areas, map data on values in GIS, prepare summary of results and review with PARD. Prepare summary report for inclusion in Strategic Plan document. Task Components by Round Rock Staff — Provide WCAD data for current and historical property values for selected test areas. Review report by Planning Team and comment as appropriate. PHASE XI -PARTNERSHIP AND ALTERNATIVE FUNDING PLAN A. Review current alternative funding programs (if applicable), such as RR Parks Foundation. Suggest goals and role, governance methodology, method of interaction with City. Prepare summary report for inclusion in the Strategic Plan Product by Halff— Prepare draft text, review with City, modify per comments received and incorporate into Strategic Plan document. Task Components by Round Rock Staff—Review and comment as appropriate. 24 Exhibit"B" Services to be Performed by City PROJECT ASSUMPTIONS The Scope of Services for this proposal has been prepared using the following assumptions as a basis for its preparation: 1. All files will be provided in digital format. Where possible, files that may be used for content in the Master Plan report should be provided in their original file format (i.e. Word, Excel, etc). 2. The City of Round Rock will provide and coordinate advertising, meeting announcements and locations for project meetings, public meetings and planning effort-related workshops. 3. City of Round Rock staff members are sometimes referred to as "PARD" in this document. INFORMATION TO BE PROVIDED BY THE CITY OF ROUND ROCK The following items will be supplied by PARD to the Planning and Design Team: 1. Citywide Base File Data - PARD will provide the Planning and Design Team with the most recent available base information, including; ■ Digital aerial photography of the City and surrounding extraterritorial jurisdiction (ETJ) lands; ■ GIS files for existing parks, existing and proposed roads, property boundaries, floodplains, railroads, topography, utility corridors, census tract boundaries, and City- owned properties. ■ Other GIS layer 2. Other Relevant Studies or Reports - Digital copies of other relevant or recent studies, including previous Parks Master Plan, Recreation Facilities Assessments, Aquatic Facility assessment(s), Importance vs. Performance Data assembled in 2006, other recent Citywide citizen surveys, and any other relevant studies. 3. Relevant Ordinances—Copy of relevant City ordinances, including parkland dedication ordinance and other City requirements. 4. Citywide park system asset inventory—Inventory of parks in the Round Rock system, including number and condition of facilities in each park, and staff assessment of each park to be included in the Master Plan. Inventory files will be provided in GIS shape file format as well as in Excel format. 5. Leadership Plan components — To be written by PARD and provided in digital format for inclusion in the Master Plan. 25 6. Program Inventory and Assessments - Inventory and Assessment of Recreation programs, senior programs, aquatic programs, forestry programs and marketing programs in written format. 7. Master Plan Web Site — Prepare master planning web page for dissemination of planning information. Set-up, design and maintenance of the site will be by the City of Round Rock. Some content will be provided by Halff Associates Inc. as products of the master planning process. 8. Interview and Meeting Invitations and Arrangements — Arrange meeting times and invite attendees to interviews and round table meetings. Prepare notifications for public meetings and arrange for advertisements in local media and on City cable access channel. 9. New Trails — Provide information on new trails that have been built since Trails Plan was created in 2004. PDF files of plan layouts or general alignments will suffice. 10. CIP Format — Provide example of standard City format for CIP products developed in Phase V. 11. Large Asset Life Cycle Analyses — Prepare draft analyses for review and incorporation by Planning and Design Team. 12. Small Asset Life Cycle Analyses — Prepare draft analyses for review and incorporation by Planning and Design Team. 13. Operations and Maintenance Standards and current budget amounts — Provide current standards,budgeted amounts, currently used performance standards. 14. Parks Maintenance Business Plan — Prepare business plan document and provide in digital format for incorporation into Master Plan. 15. Forestry Management Business Plan—Prepare forestry management business plan and provide in digital format for incorporation into the Master Plan document. 16. Program and Event Sponsorship Plan — Prepare program and event sponsorship plan document and provide in digital format for incorporation into the Master Plan document. 17. Public Relations/Outreach Plan—Prepare public relations/outreach plan document and provide in digital format for incorporation into the Master Plan document. 18. Business Plan for Recreation Facilities and Pro rams—Prepare document and provide in digital format for incorporation into the Master Plan document. 19. Business Plan for Athletic Leagues — Prepare document and provide in digital format for incorporation into the Master Plan document. 20. Business Plan for Aquatic Facilities and Programs - Prepare document and provide in digital format for incorporation into the Master Plan document. 21. Economic Impact Data—Provide relevant data assembled by other City departments or organizations (such as the Chamber of Commerce) that have documented potential economic impacts of recreation events, either recently or in the past. 22. Provide appropriate review and comment — Review and provide comments as components of the Master Plan are submitted. 26 Exhibit "C" Estimated Work Schedule PROJECT SCHEDULE -Estimated durations are in weeks. Some tasks may overlap, resulting in the estimated overall completion timeframe. The official schedule will be confirmed during the initial project meeting. Note that the schedule may be adjusted during the course of the planning effort to meet specifically agreed upon milestones or key dates, and such changes, where approved by the City, will become the official schedule for the planning effort. City of Round Rock staff shall be referred to as PARD. Phase I Leadership Plan (provided by PARD within three calendar months) Phase II Comprehensive Parks Plan 100%Complete by August 1, 2008 Phase III Minor Trail Plan Update By March 1, 2008 Phase IV Acquisition Plan By March 1,2008 Phase V Capital Improvements Plan Components By May 1,2008 Phase VI Maintenance and Operations Plan Components By May 1,2008 Phase VII Assist with Marketing/Public Relations Plan By May 1,2008 Phase VIII Incorporate Recreation Business Plan By May 1,2008 Phase IX Incorporate PARD Administration Plan By May 1,2008 Phase X Economic Impact Evaluation By May 1,2008 Phase XI Partnership and Alternative Funding Strategies By May 1 2008 Total Projected Time Frame Completion by August 1,2008(12 months from projected Start Date of August 1,2007) 27 Exhibit"D" Certificates of Insurance 28 CERTIFICATE OF LIABILITY INSURANCE Date:6/4/07 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Bell Insurance 16980 Dallas Parkway A ACE American Ins. Co. Dallas, Texas 75248 Suzanne Flores B INSURED HALFF ASSOCIATES, INC. C 8616 Northwest Plaza Drive Dallas, Texas 75225 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and ftuther hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LBUTS LTR NUMBER DATE DATE A PROFESSIONAL LIABILrrY EONG21673845 7-22-06 7-22-07 $5,000,000 Per Claim Limit $5,000,000 Aggregate Limit DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E.Main Street Round Rock,Texas 78664 atta: Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed N e: Thomas J.Ashley Title: Senior Vice-President Rev'd 2/10/03-Professional Liability Certificate.doe CERTIFICATE OF LIABILITY INSURANCE Date:6/4/07 PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Bell Insurance 16980 Dallas Parkway A ACE American Ins. Co. Dallas, Texas 75248 Suzanne Flores B INSURED HALFF ASSOCIATES, INC. C 8616 Northwest Plaza Drive Dallas, Texas 75225 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LDIITS LTR NUMBER DATE DATE A PROFESSIONAL LIABILrrY EONG21673845 7-22-06 7-22-07 $5,000,000 Per Claim Limit $5,000,000 Aggregate Limit DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty(30)days written notice to the certificate holder named below. CERTIFICATE HOLDER: City of Round Rock 221 E.Main Street Round Rock,Texas 78664 attn:Christine Martinez, City Secretary SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed N e: Thomas J.Ashley Title: Senior Vice-President Rev'd 2110103-Professional Liability Cerdficate.doc AGURD,�+ 06CERTIFICATE OF LIABILITY INSURANCE 06/04 04/U11/2007007 PRODUCER (972)581-4800 FAX (972)581-4850 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bell Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 16980 Dallas Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas, TX 75248 Suzanne Flores INSURERS AFFORDING COVERAGE NAIC# INSURED Halff Associates, Inc.- INsuRERA: Hartford Casualty Ins. Co. Mr. Roger Burns INSURER 13- 8616 Northwest Plaza Dr. INSURER C: Dallas, TX 75225 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR IN-,Rr, m— DATE(mminn= LIMITS GENERAL LIABILITY 46UUNIY5768 07/12/2006 07/12/2007 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LABILITY DAMAGE TO RENTED $ 11000,000 CLAIMS MADE M OCCUR MED EXP(Any one person) $ 10,000 A X Contractual Liab PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 MLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 OLICY X dEG El LOC AUTOMOBILE LIABILITY 46UUNIY5768 07/12/2006 07/12/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1.000,000 ALL OWNED AUTOS BODILY INJURY $ A SCHEDULED AUTOS (Per person) X HIRED AUTOS . BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY 46XHUIY6677 07/12/2006 07/12/2007 EACH OCCURRENCE $ 5,000,000 X OCCUR EICIAIMS MADE AGGREGATE $ S'000,000 A $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND 46WENV6090 07/12/2006 07/12/2007 X WC sTATu- OTH- EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED?es,describe under E.L.DISEASE-EA EMPLOYE $ 1,000,00 SPEC AL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: City of Round Rock Parks Master Plan project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Round Rock 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Christine Martinez, City Secretary BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 221 E. Main Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Round Rock, TX 78664 AUTHOROED REPRESENTATIVE Thomas J. Ashley/SHF ACORD 25(2001/08) OACORD CORPORATION 1988