Ordinance No. 11,242ORDINANCE NO. 1 1.2=2
AN ORDINANCE. OF 'I -HE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTEIOR1ZtNG TPLE CI "I-Y MANAGER TO EXECUTE AND -1 -HE CITY CLERK TO
A -I -TEST TO A CONSULTING SERVICES AGREEMENT Wt'I'11 I IALFF ASSOCIATES,
INC.. FOR THE UPDATE AND 13EVELOP�v9EN "I' OF PARKS_ RECREA "PION. OPEN
SPACE_ GREENWA'v'S AND TRAILS NtASTFR PLAN; AUTI IOR[ZNG PAYMENT IN
AN AMOUNT NOT 'TO EXCEED ONE HUNDRED TI- ICUSAND AND 1"4O /100
DOLLARS ($100,000.00); AND PROVIDYNIG FOR THE EFFF_C -I-IVE DATE THEREOF.
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BE FF ORDAINED BY 'TI IE CITY COUNCLL O TF IE- CITY OF BAYTOW"N, TEXAS:
Section 1: That the City Council of the City of Baytown. Texas. hereby authorizes the City
Manager- to execute and the City Clerk to attest to a Cor1S1.11ting Services Agreement with HallfAssociates,
Inc., fbr the update and development of Parks, Recreation. Open Space_ Greenways and Trails'Niaster Plan. A
copy o1'such agreement is attached hereto as Exhibit "A`° and incorporated herein for all intents and purposes.
Section 2: That the City Council ofthe City orBaytown authorizes paynicnt to Halff Associates.
Inc_, in the an -iount ofONE HUNDRED T1 IOUSAND AND N0/1 00 DOLLARS (S 100,000.00). pursuant to
the a�,recment identified in Section I hereof.
Section 3: That the City Manager- is hereby granted general authority to approve any chan-t:
order involving_ a decrease or an increase in costs of- FWENTY -FIVE THOUSA \7D ANI-)� NO/I 00 DOLLARS
($25,000.00) or less; however, the original contract price may not be increased by more than twenty-five
percent (25 %) or decreased by more than t\%enty -five percent (25 %) Lvithout the consent ofthe contractor to
such decrease.
Section 4: This ordinance shall take effect immediately front and after its passage by the City
Council of the Citv of Bavto-vn.
INTRODUCED- READ and PASSED by the affirmative vote oft City Council of the City of
Bayto%vn this the I -`1t day of November. 2009.
AC10 RAMIREL, SR., Cite A
EPHE'T�H. DONCARLOS. \I
K:`'KarenWiles'�Ctty COntizil4Urdtnance� '2009 \No%�cmber 12`.Consu It in �A rccment4 Yarks N tasterl'1an. doe
Exhibit "A"
CONSULTING SERVICES AGREEMENT
STATE OF TEXAS §
& KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Agreement is made this _ day of , 2009, by and between the City
of Baytown, Texas, a home -rule municipality located in Hams and Chambers Counties, Texas,
hereinafter referred to as the "City," and Halff Associates, Inc., a Texas corporation, hereinafter
referred to as the "Consultant "; and the Parties do hereby make and enter into the following
agreement:
ARTICLE I.
Consultant
1.1 The Consultant as an independent contractor covenants and agrees to perform
professional services for the development and preparation of the City of Baytown Parks,
Recreation, Open Space, Greenways and Trails Master Plan as described in Article II
hereof. Such services shall be performed by the Consultant in accordance with the terms
of this Agreement and for the consideration herein stated. The Consultant covenants and
agrees to perform the services in a professional manner. The Consultant shall complete
the scope of work and shall submit reports to the City as required.
1.2 The Consultant shall provide its services under this Agreement with the same degree of
care, skill and diligence as is ordinarily provided by such professional under similar
circumstances for the preparation of the City of Baytown Parks, Recreation, Open Space,
Greenways and Trails Master Plan and to which this Agreement applies. The Consultant
will further give professional consultations and advice to the City during the performance
of the services under this Agreement.
ARTICLE 11.
Scope of Work
2.1 The Consultant will perform the professional services related to the City of Baytown
Parks, Recreation, Open Space, Greenways and Trails Master Plan as set for in Exhibit
"A," which is attached and made a part of this Agreement for all intents and purposes.
2.2 Pursuant to this Agreement, the City shall have the option to obtain the services of the
Consultant to perform additional services. Such additional services shall be described in
a written amendment to this Agreement, as agreed mutually by the City and the
Consultant, including a description of the additional work, associated compensation, and
time schedule as applicable.
Consulting Services Agreement. Page I
ARTICLE 1II.
Consultant Personnel
3.1 The Consultant represents that it has or will secure at its own expense, all personnel
required in performing the services under this Agreement. Such personnel shall not be
employees of or have any contractual relationship with the City.
3.2 The Consultant may contract with subconsultants for portions of the work or services
under this Agreement with the prior written approval of the City. Any work or services
subcontracted hereunder shall be specified by a written Agreement and shall be subject to
the provisions of this Agreement.
ARTICLE IV.
Support Services
4.1 To the extent authorized by law, the readily available existing data and documentation
obtained by the City that are relevant to the accomplishment of the Scope of Work
specified in Article II shall be made available by the City for use by the Consultant.
However, in providing such data and documentation, the City makes no warranty as to
the accuracy or reliability of the same.
4.2 The City shall consider and act on all documents and project work items submitted by the
Consultant that require review, comments or approval by the City within a reasonable
period of time so as to enable the Consultant to complete the work on schedule as
provided in Article V of this Agreement.
4.3 The City agrees to provide the Consultant with support services needed to organize,
schedule, notify, provide, meet, locate, conduct meetings, and prepare minutes of
meetings for the City of Baytown Parks, Recreation, Open Space, Greenways and Trails
Master Plan, including committees, workshops, public meetings and public hearings as
described in Article II. The Consultant will advise and coordinate with the City to
accomplish these support services.
ARTICLE V.
Time of Performance
5.1 The Consultant shall commence services upon execution of this Agreement and receipt of
written notice to proceed from the City.
5.2 The Consultant shall complete the services described in Article II within 300 calendar
days from the notice to proceed, in accordance with the schedule, which is attached
hereto as Exhibit "B" and incorporated herein for all intents and purposes, unless the
scope of work and time of performance are changed in accordance with Article X.
Consultine Services Agreement, Page 2
5.3 The completion schedule set forth in Section 5.2 may not be subject to causes that result
in delay over which neither the Consultant nor the City has any control. Notification and
justification of any such delays identified by the Consultant must be made in writing and
approved by the City. The schedule of work will be extended to include any such delays
pursuant to Article X.
5.4 Except for the indemnity provided for in Article XIII, this Agreement shall terminate
upon the City's final acceptance of work completed by the Consultant, unless otherwise
terminated or modified as hereinafter provided.
ARTICLE VI.
Compensation to Consultant
6.1 The City shall compensate the Consultant for the professional services performed under
this Agreement. For the basic services described in Exhibit "A," the City shall pay the
Consultant in full payment for services rendered, including project- related costs and
subconsultant expenses, a sum not to exceed ONE HUNDRED THOUSAND AND
NO 1100 DOLLARS ($100,000.00). The actual amount of compensation is based upon
the fee schedule, which is attached hereto as Exhibit "C" and incorporated herein for all
intents and purposes, and project related expenses shall be actual cost times a multiplier
of I.I. The amount of compensation and project - related expenses may be modified
pursuant to Article X, in the event of increased cost, change in the scope of work, time of
performance, delays or increase or decrease in the complexity or character of the work.
6.2 For additional services rendered pursuant to Section 2.2, the City shall compensate the
Consultant in the manner similar to the basic services and in accordance with the
maximum amount payment and other terms as specified in the amendatory agreement
providing for the additional services.
6.3 Payment shall be made on the basis of percentage of completion for each phase as agreed
to by the parties, but in no case shall final payment on any individual phase be made until
all products required for that phase are received and accepted by the City. Payments shall
be made only after receipt and acceptance by the City of an invoice therefor. The invoice
shall not exceed the portion of the compensation attributable to the specified phase of
service completed as noted in Exhibit "C." Each invoice shall be certified as true and
correct by an officer of the Consultant. Each invoice is due and payable by the City
within thirty days following the date of its receipt by the City or within thirty days of
receipt of the invoiced services, whichever is later. However, the City shall not be
obligated to pay the full amount of an invoice if there is a dispute in the bill tendered by
the Consultant to the City for payment. In such case, the City shall pay only the
undisputed amount.
6.4 The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the City for the performance of this Agreement. If at any
time during the period of performance under this Agreement, the City does not make
Consulting_Scrviccs Agreement. Page 3
sufficient appropriations and authorizations, this Agreement shall terminate upon written
notice being given by the City to the Consultant. The City's decision as to whether
sufficient appropriations are available shall be accepted by the Consultant and shall be
final. In the case of termination due to the lack of sufficient appropriations, the
termination provisions of Section 10.4 shall apply.
ARTICLE VII.
Product of Services. Copyrieht
7.1 The Consultant and the City mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the
property of the City. The Consultant shall have the right to retain copies and to utilize the
product of its services for marketing purposes, except for any confidential information, as
defined in Article XI hereof.
7.2 The Consultant shall fumish the City with the number of copies of reports as indicated in
Article II.
7.3 Nothing produced in whole or in part by the Consultant under this Agreement shall be
subject to application for copyright by or for the Consultant.
7.4 The Consultant hereby grants and conveys an ownership interest to the City in all work
products relating to the services required to be performed in this Agreement without
additional compensation.
ARTICLE VIII.
Private Interest of Public Officials and Consultant
8.1 No employee, agent or member of the City Council of the City shall have any financial
interest, direct or indirect, in this Agreement or the proceeds thereof.
ARTICLE IX.
Certifications of Consultant
9.1 The Consultant has not employed or retained any company or person, other than a bona
fide employee working solely for the Consultant, to solicit or secure this Agreement, and
that it has not been paid or agreed to pay any company or person other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage, brokerage
fee, or any other consideration contingent upon or resulting from the award or making of
this Agreement.
9.2 The Consultant presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of services
under this Agreement.
Consulting Services Aereemcnr. Page 4
ARTICLE X.
Changes or Termination
10.1 This Agreement may not be altered, changed or amended except by instrument in writing
executed by the parties hereto.
10.2 The City may, from time to time, request changes in the scope of work and time of
performance for the services of the Consultant to be performed hereunder. Such changes,
including any increase or decrease in the amount of the Consultant's compensation,
which are mutually agreed upon by and between the City and the Consultant, shall be
incorporated in written amendments to this Agreement.
10.3 This Agreement, with the exception of Article XIII, may be terminated before the
expiration date specified in Article V by any of the following conditions:
a. Right of either party to terminate for cause. This Agreement may be terminated
by either of the parties hereto for failure by the other party to perform in a timely
and proper manner its obligation under this Agreement. A signed written notice
of such termination shall be delivered to the other party by registered or certified
mail and such termination shall take effect fifteen days after the notice is
deposited in the mail provided that the failure to perform has not been remedied in
full prior to the expiration of the fifteen -day period. By such termination, either
party may nullify obligations already incurred for the performances or failure to
perform before the termination date.
b. Right of the City to terminate for convenience. This Agreement may also be
terminated by the City for reasons other than failure by the Consultant to perform
in a timely and proper manner its obligations under this Agreement. A signed,
written notice of such termination shall be delivered to Consultant by registered or
certified mail and such termination shall take effect not less than seven days
following the date that the notice is deposited in the mail or at 5:00 p.m. on the
date the notice is received by the Consultant, whichever is sooner.
10.4 Upon receipt of a notice of termination under any of the conditions under Section 10.3,
the Consultant shall, unless the notice otherwise directs, immediately discontinue all
services in connection with the performance of this Agreement. Within thirty (30) days
after the conditions specified in Section 10.3 being met or within thirty (30) days after the
Consultant submits a statement of the actual services performed and payment requested,
or within thirty (30) days after the City's receipt of all data, study products and all other
work products required to be tendered to the City, whichever is later, the City shall pay
the Consultant allowable costs incurred, less previous payments. The City will only be
obligated to compensate the Consultant in a just and equitable manner for those services
actually performed prior to the effective date of termination. Data, study products and all
other work product prepared by Consultant under this Agreement shall be delivered to the
City within thirty (30) days after the receipt of the notice of termination if terminated by
Consultine Services Agreement, Page 5
the City or within thirty (30) days after tendering the notice of termination if terminated
by the Consultant.
10.5 Notwithstanding the provisions of Section 10.4 above, Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of any negligent act or
omission or any breach of the Agreement.
ARTICLE XI.
Confidentiality
11.1 Any information deemed by the City to be confidential pursuant to the Texas Public
Information Act that is provided to or developed by the Consultant in the performance of
this Agreement shall be kept confidential and shall not be made available to any
individual or organization by the Consultant without prior written approval of the City.
11.2 The Consultant shall have the obligation to provide documentation to the City as may be
required pursuant to a public information request for the same under the Texas Public
Information Act.
ARTICLE XII.
Inspection of Records
12.1 The Consultant shall maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this
Agreement and such other records as may be deemed necessary by the City to assure
proper accounting for all project funds. These records will be retained for three years
after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the City, the Consultant shall
make available to the City for examination all of its project records with respect to all
matters covered by this Agreement and will allow the City to review, examine and make
excerpts from such records, and to make copies of all contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement. The financial records of the Consultant will be
available upon request by the City's representative in a timely manner at City Hall in
Baytown, Texas, for audit purposes to the City or its authorized representative. In any
event, the financial records shall be made available to the City within (10) days of the
City's request for the same. All copies made by the City pursuant to this Section shall be
made at the sole cost and expense of the Consultant.
Consulting Services Agreement. Page 6
ARTICLE XIII.
Insurance and Indemnification
13.1 Throughout the term of this Agreement, the Consultant at its own expense shall purchase,
maintain and keep in force and effect insurance against claims for injuries to or death of
persons or damages to property which may arise out of or result from the Consultant's
services, whether such services be by the Consultant, its agents, representatives,
volunteers, employees or subconsultants or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable.
13.2 The Consultant's insurance coverage shall be primary insurance with respect to the City,
its officers, agents and employees. Any insurance or self - insurance maintained by the
City, its officials, agents and employees shall be considered in excess of the Consultant's
insurance and shall not contribute to it. All coverage for subconsultants shall be subject
to all of the requirements stated herein, except as provided in Exhibit "D," which is
attached hereto and incorporated herein for all intents and purposes.
13.3 The following insurance shall be required under this Agreement and shall meet or exceed
the minimum requirements set forth herein:
Commercial General Liability
• General Aggregate: $1,000,000
• Per Occurrence: $500,000
• Coverage shall be at least as broad as ISO CG 00 01 10 93
• No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
Business Automobile Policy
• Combined Single Limits: $500,000
• Coverage for "Any Auto"
3. Errors & Omissions (E &O)
• Limit: $500,000
• Claims -made form is acceptable.
4. Workers' Compensation
• Statutory Limits
• Employer's Liability $500,000
• Waiver of Subrogation required.
13.4 Prior to any work being performed on the site, the Consultant shall file with the City
valid Certificates of Insurance and endorsements acceptable to the City. Such
Certificates shall contain a provision that coverage afforded under the policies will not be
canceled, suspended, voided, or reduced until at least thirty (30) days' prior written notice
has been given to the City via certified mail, return receipt requested.
Consulting Services Agreement, Page 7
13.5 The Consultant shall also file with the City valid Certificates of Insurance covering all
subconsultants.
13.6 The following are general requirements applicable to all policies:
13.7
➢ AM Best Rating of B +; VII or better.
➢ Insurance carriers licensed and admitted to do business in State of Texas will be
accepted.
➢ Liability policies must be on occurrence form. Errors and Omissions can be on
claims -made form.
➢ Each insurance policy shall be endorsed to state that coverage shall not be suspended,
voided, canceled or reduced in coverage or in limits except after thirty (30) days'
prior written notice by certified mail, return receipt requested, has been given to the
City.
➢ The City, its officers, agents and employees are to be added as Additional Insureds to
all liability policies, with the exception of the Errors and Omissions Policy required
herein.
> Upon request of and without cost to City of Baytown, certified copies of all insurance
policies and/or certificates of insurance shall be fumished to City of Baytown's
representative. Certificates of insurance showing evidence of insurance coverage
shall be provided to the City's representative prior to any work being performed at the
site.
Upon request and without cost to the City, certified copies of all insurance polices
and/or certificates of insurance shall be furnished to the City.
➢ Upon request of and without cost to City of Baytown, loss runs (claims listing) of any
and/or all insurance coverage shall be furnished to City of Baytown's representative.
THE CONSULTANT AGREES TO AND SHALL INDEMNIFY,
HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES (HEREINAFTER COLLECTIVELY
REFERRED TO AS THE "CITY "), FROM AND AGAINST ANY
AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION,
SUITS AND LIABILITY OF EVERY KIND, INCLUDING, BUT NOT
LIMITED TO, ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY
PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE SERVICES PROVIDED BY THE
CONSULTANT PURSUANT TO THIS AGREEMENT, THE
CONDUCT OR MANAGEMENT OF THE CONSULTANT'S
BUSINESS OR ACTIVITIES, OR FROM ANY OTHER ACT OR
OMISSION BY THE CONSULTANT, ITS AGENTS, AND
EMPLOYEES, WHEN PERFORMING SERVICES IN
Consulting Services Agreement, Pagc 8
ACCORDANCE WITH THIS AGREEMENT, WHERE SUCH
INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT
NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR
ENTITY AND /OR BY THE JOINT OR SOLE NEGLIGENCE OF
THE CONSULTANT. IT IS THE EXPRESSED INTENTION OF
THE PARTIES HERETO, BOTH THE CONSULTANT AND THE
CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH IS INDEMNITY BY THE CONSULTANT TO
INDEMNIFY AND PROTECT THE CITY, ITS OFFICERS,
AGENTS AND EMPLOYEES FROM THE CONSEQUENCES OF (I)
THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE
IS A CONCURRING CAUSE WITH THAT OF THE CONSULTANT
OF THE RESULTING INJURY, DEATH OR DAMAGE AND /OR (II)
THE CONSULTANT'S JOINT AND /OR SOLE NEGLIGENCE.
FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS
PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY
FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT
AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE
RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY,
UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR
ENTITY. IN THE EVENT THAT ANY ACTION OR
PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON
OF ANY OF THE ABOVE, THE CONSULTANT FURTHER
AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE
CITY.
The indemnity provided hereinabove shall survive the termination and/or expiration of
this Agreement.
13.8 By this Agreement, the City does not consent to litigation or suit, and the City
hereby expressly revokes any consent to litigation that it may have granted by the
terms of this Agreement or any other contract or agreement, any charter, or
applicable state law. Nothing herein shall be construed so as to limit or waive the
City's sovereign immunity. The Consultant assumes full responsibility for its work
performed hereunder and hereby releases, relinquishes and discharges the City, its
officers, agents, and employees from all claims, demands, and causes of action of
every kind and character, including the cost of defense thereof, for any injury to or
death of any person (whether they be either of the parties hereto, their employees,
or other third parties) and any loss of or damage to property (whether the property
be that of either of the parties hereto, their employees, or other third parties) that is
caused by or alleged to be caused by, arising out of, or in connection with the
Consultine Services Agreement. Pagc 9
Consultant's work to be performed hereunder. This release shall apply with respect
to the Consultant's work regardless of whether said claims, demands, and causes of
action are covered in whole or in part by insurance.
ARTICLE XIV.
Miscellaneous Provisions
14.1 Neither the City nor Consultant shall be required to perform any term, condition or
covenant of this Agreement while such performance is delayed or interrupted by acts of
God, material or labor restrictions by any governmental authority, civil riot, flood, fire,
hurricanes or other natural disasters, any other cause not within the control of the City or
Consultant that by the exercise of due diligence the City or Consultant is unable wholly
or in part, to prevent or overcome and supersedes all prior agreements and understandings
between City and Consultant concerning the subject matter of this Agreement. Any such
delay in performance shall be excused only for the same amount of time as the
occurrence giving rise to the delay shall have lasted or such period of time as is
reasonably necessary after such occurrence abates for the effects thereof to have
dissipated as determined in the sole discretion of the City.
14.2 This Agreement constitutes the entire agreement between the City and Consultant. No
agreements, amendments, modifications, implied or otherwise, shall be binding on any of
the parties unless set forth in writing and signed by both parties.
14.3 If one or more of the provisions of this Agreement or the application of any provision to
any party or circumstance, is held invalid, unenforceable or illegal in any respect, the
remainder of this Agreement and the application of the provision to other parties or
circumstances shall remain valid and in full force and effect.
14.4 Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be mailed by certified or registered mail addressed as set
forth below or at such other address as may be specified by written notice:
CONSULTANT
Halff Associates, Inc.
Attn: Jim Carrillo
4030 West Braker Lane, Suite 450
Austin, TX 78759 -5356
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Consultine Services Agreement. Page 10
14.5 The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in the same without the prior written consent of the City thereto.
14.6 The City and Consultant each bind itself and its successors, executors and administrators
and assigns of such other parties, in respect to all covenants of this Agreement. Nothing
herein shall be construed as creating any personal liability on the part of any officer,
board member, commissioner, employee or agent of the City.
14.7 The Consultant at such times and in such foams as the City may require, shall furnish the
City such periodic reports as it may request pertaining to the work or services undertaken
pursuant to this Agreement.
14.8 Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be included herein and this Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
14.9 The failure on the part of any party herein at any time to require the performance by the
other party of any portion of this Agreement shall not be deemed a waiver of or in any
way affect that party's rights to enforce such provision or another provision in the future.
Any waiver by any party herein of any provision hereof shall not be taken or held to be a
waiver of any other provision hereof or any other breach hereof. Furthermore, any
waiver by either party of a breach of any provision of this Agreement shall not constitute
a waiver of any subsequent breach of this Agreement.
14.10 Any and all representations and conditions made by the Consultant under this Agreement
are of the essence of this Agreement and shall survive the execution, delivery and
termination of it, and all statements contained in any documents required by the City,
whether delivered at the time of execution or at a later date, shall constitute
representations hereunder.
14.11 In the event of default by any party herein, all other parties shall have all rights and
remedies afforded to it at law or in equity to recover damages and to interpret or enforce
the terms of this Agreement. The exercise of any one right or remedy shall be without
prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.12 This Agreement shall be construed in accordance with the laws of the State of Texas.
This Agreement is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules,
orders and regulations of any local, state or federal government authority having or
asserting jurisdiction.
14.13 In the performance of this Agreement, the Consultant will not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex or
national origin. The Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of it, state that it is an equal opportunity employer.
Consulting Services Agreement. Page I 1
14.14 Notwithstanding anything to the contrary contained in this Agreement, the City and the
Consultant hereby agree that no claim or dispute between the City and the Consultant
arising out of or relating to this Agreement shall be decided by any arbitration proceeding
including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C.
Sections 1 -14), or any applicable State arbitration statute, including, but not limited to,
the Texas General Arbitration Act, provided that in the event that the City is subjected to
an arbitration proceeding notwithstanding this provision, the Consultant consents to be
joined in the arbitration proceeding if the Consultant's presence is required or requested
by the City for complete relief to be recorded in the arbitration proceeding.
14.15 Two copies of this Agreement are executed; each shall be deemed an original.
14.16 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
14.17 The section headings are used in this Agreement for convenience and reference purposes
only and are not intended to define, limit or describe the scope or intent of any provision
of this Agreement and shall have no meaning or effect upon its interpretation.
14.18 Words of any gender used in this Agreement shall be held and construed to include any
other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless context requires otherwise.
14.19 The officers executing this Agreement on behalf of the parties hereby confirm that such
officers have full authority to execute this Agreement and to bind the party he /she
represents.
IN WITNESS HEREOF, the parties have executed this agreement in duplicate originals
at Baytown, Harris County, Texas.
CITY:
CITY OF BAYTOWN
GARRISON C. BRUMBACK, City Manager
ATTEST:
LETICIA GARZA, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Consulting Services Agreement, Pap 12
CONSULTANT:
HALFF ASSOCIATES, INC.
e.
Printed Name
WL
Title
STATE OF TEXAS
COUNTY OF HARRIS
Before Fn= ` , the undersigned notary public, on this day
personally appeared F . eaff i the y ; L �Cg& e�L of Halff'
Associates, Inc., on behalf of such corporation
(check one)
known to me:
proved to tile on the oath of
or
proved to me throw (Th his!her current
{description of' identification card or other document issued by the federal
government or any state government that contains the photograph anti signature of'
the acknowledging person;
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /shc executed that instrument for the purposes and consideration therein expressed.
Given raider my hand and seal of office this day ol'_ b� Lt�1 , 2009.
:�l in fiEhJkE IiUGG
s
AL
P:ntary Public
i
STATE OF TEXAS
Comm. Exp. Oct 5. 2010
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Exhibit "A"
Scope of Work
SCOPE OF SERVICES TO BE PROVIDED
The scope of work for this planning effort include the preparation of the City of Baytown Parks,
Recreation, Open Space, Greenways and Trails Master Plan, including extensive public input
processes, needs assessments, facility and system recommendations and priorities, the
preparation of a document. Original digital files will be provided to the City of Baytown in PDF
and Microsoft Word format for both draft and final versions of the plan to distribute to
committee members, elected officials and members of the public.
PLANNING PROCESS ASSUMPTIONS
The scope of services for this proposal has been prepared using the following assumptions as a
basis for its preparation:
I . The project area will include the current city limits of the city of Baytown as well
as areas included in the City's extraterritorial jurisdiction ( "ETJ" ).
2. The planning effort will include a mail out and on -line citizen surveys as major
components of the Parks, Recreation, Open Space, Greenways and Trails Master
Plan. These surveys will be conducted by Raymond Turco and Associates.
3. A survey of area students will also be conducted, if permitted by the Goose Creek
Consolidated Independent School District ( "GCCISD "). This survey will be
prepared by the Consultant, but will be administered in schools by school
teachers, subject to the approval of the District Superintendent. If not permitted by
GCCISD, surveys will be administered by City staff to students as they visit the
Nature Center and Wetlands Center.
4. Intercept surveys in key parks and at public meetings will be included as
described in this scope of work.
5. Recommendations regarding grant assistance for potential future grant
applications will be made by Elaine Dill of DFL LLC.
6. Assistance in preparing parkland dedication ordinance recommendations will be
provided by Dr. John Crompton and the Consultant.
7. 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 will vary as more detailed design occurs
after the completion of the planning process and as inflationary influences occur.
8. The City will endeavor to secure the necessary permissions from adjacent
landowners, for access through, or across, any non -city properties if required as a
part of planning efforts associated with this project.
9. The City will provide electronic and printed copies of all previously prepared
background information, studies and data that are appropriate for a
Exhibit "A." Page l
comprehensive park planning effort such as this subject to Article IV of the
Agreement.
10. Subject to Article IV of the Agreement, the City will provide inventory
information on known existing facilities in city-owned parks in Baytown. City
staff will provide general anecdotal information on other known non -city
recreation facilities such as those provided by the YMCA, Lee College, GCCISD
and other privately owned entities. Information on the condition of existing park
facilities will be provided by the City staff and will be supplemented by the
Consultant as the planning effort progresses.
11. Efforts and products to be provided by the City are listed under each task, which
are all understood and agreed to be subject to Article IV of the Agreement. Other
background information may be appropriate and may be requested during the
course of the planning effort and shall also be subject to Article IV.
12. The City will be responsible for advertising all notices and announcements for
public meetings or events conducted as part of this process, including postings on
the City's website, press releases to area newspapers and mass media, and legal
notifications and postings where necessary.
13. The City staff will schedule all meetings and presentations to the City Council
and to various Boards and Commissions that may be required as part of this
planning process.
14. Workshop meetings with the Baytown Parks and Recreation Advisory Board are
included in this scope of services at key junctures. A review meeting with the
Redevelopment Authority Board, the Reinvestment Zone No. 1, Baytown, Texas,
the Baytown Municipal Development District Board, the Community
Development Advisory Commission, the Beautification Advisory Commission,
the Planning and Zoning Commission and the Youth Advisory Commission are
included in this scope of work. Meetings with the Planning and Zoning
Commission are included to discuss and approve a parkland dedication ordinance.
Briefings with City Council are included, which at a minimum shall be held at the
beginning, at the time of draft submittal, and for final approval. Where practicable
as determined in the sole discretion of the City Manager, meetings will be
scheduled to occur on the same or consecutive days.
15. Current master plans for Aquatics and the Baytown Nature Center will be
incorporated into the overall plan as addenda documents.
16. Final report documents will be delivered in original Microsoft Word format and in
PDF format, in electronic and one original copy modes. Final document will be in
a text and graphic format that is easy to modify by City staff.
17. 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 Work. Meetings, when practicable as determined in the sole discretion of the
City Manager, will be scheduled on consecutive days and evenings for greater
project efficiency.
18. Mapping prepared as part of this planning process will be developed in both GIS
and graphic formats. As applicable, final shape files generated by the plan will be
delivered to the City upon plan completion.
Exhibit "A:' Page 2
19. All electronic files, including but not limited to images, CAD files, GIS files, and
Photoshop files, shape files, provided by Consultant to the City shall be in a
format whereby the City shall be able to manipulate the data therein.
The Consultant will perform the tasks delineated in each of the following phases of service.
PHASE I. PRE- PLANNING
Task 1. Pre - planning and Background Information
(a) Pre - planning. Conduct a kick -off meeting to discuss schedules, deliverables, key
review points, etc. Determine city sectors to use (quadrants or Council districts).
Prepare a list of available background information to be provided by the City for
use in developing the master plan.
(b) Previous studies. Review documents from previous studies for aquatics, other
master plans for parks as available, concepts for newly acquired properties, and
other applicable efforts (as provided by the City).
(c) Develop base mapping. Use GIS data base provided by the City to prepare base
mapping for the master planning process.
(d) History of past plan and achievements of that plan. Incorporate outline
summary of achievements accomplished over the past 10+ years since previous
master plan was prepared.
(e) Unit of government. Develop text for report and necessary mapping outlining
the jurisdictional area covered by the planning process.
(f) Socio- economic data. Assemble data from the City Planning Department, US
Census, HGAC, State of Texas and well as other data sources. Incorporate other
economic data assembled by the Baytown Chamber of Commerce and other local
sources as readily available. No special socio - economic data assembly by the City
is anticipated as part of this process.
(g) Demographics. Assemble demographic data by city planning sector as available
from existing City sources. Prepare table and mapping products for use in report.
Product by Consultant. Attend kickoff meeting, incorporate City GIS files for use in
the planning effort, review previous studies, obtain demographic and socio- economic
data from the Baytown Planning Department, review and incorporate into the plan in
written and table format, prepare summary of applicable major national, state and area
recreation and leisure trends in written form.
Task Components by City. Provide digital copy of previous master planning efforts and
City's comprehensive plan, provide base GIS files in digital format, provide most recent
digital aerial photography of the City, provide most recent population and demographic
data, provide data on recent growth pattern trends throughout the City.
Task Z. Develop Draft System Goals and Objectives
(a) Prior goals. Review any prior system goals with City staff.
Exhibit "A:' Page 3
(b) Draft goals and objectives. Compile a preliminary list of goals and objectives
for the Parks system, to serve as a framework for modification by staff and the
citizens of Baytown. These goals will be based on previous policy statements
approved by the Baytown City Council, such as the Baytown 2025 Plan and the
City's Visioning statement, as well as new goals developed through citizen, staff
and elected and appointed official input. Review with City Staff and modify as
appropriate per comments received. These will remain in a draft form until final
plan approval, so that public comment can be used to modify them if appropriate.
(c) Draft park standards. Prepare standards for City parks, including, but not
limited to, type of playground equipment, standard trail width, shelters, benches,
and picnic sites.
Product by Consultant. Review any previous goals and objectives, prepare new goals
in draft form for the system and incorporate into the planning document.
Task Components by City - Review draft goals and objectives and comment as
appropriate.
Task 3. Review of Inventory of Existing Parks & Facilities
(a) Prepare updated mapping that illustrates locations of park facilities. Use
mapping previously prepared by City staff that shows City and other
governmental or private park and open space facilities and properties in the study
area. Show locations of both developed and undeveloped properties. GIS files
provided by the City will be used as the initial basis for this task.
(b) Inventory tables. Review existing facility inventory information provided by
City staff. Quantities and locations of all known existing facilities will be
provided by the City staff. Installation or construction dates for existing major
facilities such as playgrounds, athletic field lighting, buildings, etc., should also
be provided by City staff. Prepare inventory tables for master planning process
using data provided by City staff and review with City staff. Incorporate changes
or modifications as necessary. Incorporate into data base when complete.
Assemble and incorporate general information about other non -City recreation
facilities in Baytown.
(c) Conduct general assessment of each existing park. Tour all park facilities,
conduct review of facilities in each park and potential issues and changes within
each existing park. Document with photographs. Review potential issues and
modifications to each park with City staff.
Product by Consultant. Tour of existing park facilities (with City staff if appropriate).
Update mapping of existing parks in GIS data base. Review inventory of existing parks,
both developed and undeveloped. Prepare planning level assessment of improvements
required in each park, or issues to be addressed in existing park facilities.
Task Components by City. Provide inventory of existing facilities and mapping in each
individual park and building in the City system (in digital format where available).
Provide condition information for existing facilities in the park system. Provide general
Exhibit "A," Page 4
anecdotal location information about other non -City recreation facilities such as the
YMCA, GCCISD, Boys and Girls Clubs (if any) Lee College facilities (if any) and
County or TPWD facilities (if any).
Task 4. Inventory of Programs (City and Private)
(a) Assemble information. The City will assemble information on existing
recreation, senior, youth, athletic and aquatic programs and leagues, including
participation in each activity by age group and sex over the past three years.
Where readily available, City staff will also provide known data on non -City
programs and leagues. Where not feasible to collect, the Planning Team will
assemble general information on non -City programs and leagues.
(b) Review Inventory of Recreation, Senior and Aquatic Programs. Assemble
participation information provided by City staff and review, noting trends as
applicable.
(c) Athletic Leagues. Review tables on athletic league participation as assembled by
City staff. Incorporate into data base when complete.
Product by Consultant. Review of information provided by City staff, comments or
questions in written form, review at meeting with staff (in conjunction with other review
items). Format and incorporate information into the master plan document.
Task Components by City. Tables and text describing current participation and status
of recreation, senior, and athletic programs. Transmit to Planning Team in digital format.
PHASE 11. CITIZEN INPUT
Task 1. Kickoff Meeting with Parks and Recreation Board.
(a) Conduct meeting with Parks and Recreation Board. Purpose of meeting will be to
review the planning process, proposed outline of subsequent review meetings,
define draft goals of the parks system, discuss inventory findings, discuss
parkland dedication, and review public input process. Prepare summary of general
notes from the meeting.
Task 2. Interviews with Key Stakeholders
(a) Interview key groups and stakeholders. Review list of potential stakeholder
groups prepared by City staff. Prepare list of questions for interviews and
stakeholder meetings. Meetings will be scheduled by City staff. Conduct one -on-
one interviews with each key stakeholder or group. Include up to 15 separate
individual or group interviews. Include a meeting with HOA leadership
(homeowner /neighborhood association leadership) as assembled by City staff to
discuss park related issues in their neighborhoods. Include a meeting as
appropriate with GCCISD and Lee College District leadership to discuss City
relationship with District. Include a meeting with Planning and Zoning
Commission members. Include a meeting with the Youth Advisory Commission.
Include a meeting with the Baytown Beautification Commission. Include a
Exhibit "A." Page 5
meeting with key athletic organizations in a joint setting to discuss league needs
and desires. Prepare written summary of each interview for inclusion in report.
Interviews will to be scheduled concurrently over one three -day time frame if
possible.
Product by Consultant. Prepare list of interview questions, conduct interviews with key
stakeholder and round table, groups, document with notes.
Task Components by City. Prepare list of key entities or individuals for interviews,
organize and schedule meetings, notify attendees, attend if desired.
Task 3. Citywide Opinion Surveys (Findings to be classified by sectors of the City)
(a) Mail Out Survey. Prepare draft survey questionnaire in I V x 17" size, folded
and printed on both sides. Review with City staff and modify as appropriate.
Acquire household address list from third party source. Distribute survey by US
Mail to up to 5,000 randomly selected addresses throughout Baytown. Include
envelope for responses without pre -paid postage. Tabulate completed
questionnaires. Send reminder postcard after two weeks to addresses that have not
responded. A minimum of eight cross - tabulations will be provided in printed
binder format, including tabulation by sector of the city. Prepare summary
analysis of survey results in table or chart format. (This task will be conducted by
Raymond Turco and Associates).
(b) Online Survey. Develop simple on -line survey that parallels telephone survey
and submit to City for placement on City website by City ITS staff. Link will be
placed on the city web site inviting residents to participate. Survey invitation will
be transmitted via email by City staff using existing city data base. Prepare
analysis of survey results and transmit to City for review. (This task will be
conducted by Raymond Turco and Associates)
(c) Primary and Secondary School Student Survey. City staff will endeavor to
obtain permission for survey from GCCISD Superintendent. Develop one page
(two sided) survey that parallels telephone survey. Submit original to City staff
for copying and distribution by City staff to selected school principals.
Administration of survey will be by classroom teachers during home room period.
Completed surveys will be collected by individual schools, returned to GCCISD
headquarters and collected from district headquarters by City staff. Compile 1,000
school -age student responses for 4th, 7th and 10th grade students. Tabulate
responses and prepare analysis of the survey results for use in the planning effort.
(d) Community Center and Other Key Area Intercept Survey. Prepare simple
three to five question, one -page surveys to be distributed at community center,
YMCA and at key City staff events by City staff. City staff will collect surveys
after completion time period and deliver to the Planning Team. Conduct intercept
surveys in multiple City parks and the Sports Complex during one Saturday
during the Fall of 2009.
Product by Consultant. Prepare list of survey questions, conduct mail survey by
Raymond Turco and Associates, prepare online survey and administer, prepare school
Exhibit "A." Pap 6
survey and deliver to City staff for distribution to schools, prepare intercept survey. The
costs of mailing the surveys is included in the Scope of Work to be provided by
Consultant.
Task Components by City. Provide zip code data for the City for developing survey
address lists, solicit approval of school survey by GCCISD Superintendent, deliver
surveys to principals, recover from GCCISD offices and deliver to Consultant when
completed. Administer recreation center, athletic league surveys. Review and approve
mail -out and on -line survey.
Task 4. Open Houses/Public Meetings
(a) Open House/Public Meetings. Conduct two open house /public meeting sessions
on consecutive evenings. Meetings will run from approximately 5:00 p.m. to 8:30
p.m. Light snacks and beverages may be provided by the City. Meeting
advertising and stakeholder notification will be by the City. Consultant will
prepare displays, meeting signs, meeting presentation, and sign in sheets as
appropriate. Consultant will develop a summary of feedback comments received
during the meetings. If feasible, meetings will be recorded for re- broadcasting on
the City's cable access channel. These meetings will occur near the end of the
Master Planning process.
Product by Consultant. Meeting preparation and setup, conduct meeting with displays
and presentation. Prepare summary of citizen input for inclusion in Master Plan
document.
Task Components by Baytown Staff. Review analyses provided by Consultant and
comment as appropriate.
Task 5. Public Input Summary
(a) 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.
(b) Review Meeting with Parks and Recreation Board. Conduct meeting with
Board to review comments received during the citizen input phase.
Product by Consultant. Prepare summary of all public input findings for inclusion in
Master Plan document.
Task Components by City. Review analyses provided by Consultant and comment as
appropriate.
Task 6. Web Site Information
(a) Planning Process Information for website. Summarize key findings and
presentations throughout the planning process and transmit to City for placement
on the City's Parks, Recreation, Open Space, Greenways and Trails Master Plan
Exhibit "A." Pap 7
webpage. Include PowerPoint presentations that can be downloaded from the
City's website.
(b) Citizen Comment page. Assist the City in creating a comment page for citizen
input regarding the master plan. City staff will record comments at regular
intervals and transmit to the Planning Team for consideration and a response if
necessary.
Product by Consultant. Prepare periodic summary of all public input findings for
inclusion in Master Plan document. Prepare summary for placement on City website.
Respond to citizen comments from city website as applicable.
Task Components by City. Place information provided on Project homepage, record
citizen comments from website as those are received.
PHASE I1I. NEEDS ASSESSMENT
Task 1- Needs Assessment (Parks, Facilities, Programs)
(a) Benchmark analysis. Prepare summary benchmarking review of Baytown in
table format as it compared to other similar sized cities in the greater Houston
metropolitan area, as well as other key similar cities throughout Texas and the
Gulf Coast. A list of comparable cities will be developed using prior
benchmarking samples developed by the City of Baytown as available, and/or
using other regional cities that share key City characteristics. The cities used for
comparison purposes will be approved or selected by the City. The benchmark
summary will include a minimum of six cities and a maximum of ten similar
cities.
(b) Level of Service -Based Needs Approach. Develop current level of service
calculations. Using those calculations as a starting point, develop target level of
service goals and compare to existing service. Project deficits or surpluses.
(c) Demands -Based Needs Approach. Calculate level of service projections based
on demand information (number of participants, citizen input, anticipated growth
by attendance or by population).
(d) Resource -Based Needs Approach. Prepare opportunities based on unique
natural or man -made features in the City.
(e) Programs. Review existing City- provided recreation programs, current
participation, and consider potential demand or changes to programming.
Consider other state -of -the -art programs that are being used nationwide, and
evaluate opportunities to incorporate similar programs in Baytown. Utilize input
from public process to consider desire for additional types of programming.
Consider need for additional facilities for indoor programming.
(f) School System. Review relationship between City and school system as it relates
to parks and recreation in Baytown, and recommend modifications as appropriate.
Product by Consultant. Prepare benchmark review, needs assessment tables and
calculations, and review with City staff.
Exhibit "A." Page 8
Task Components by City. Review analyses provided by Consultant and comment as
appropriate.
Task 2. Needs Assessment Summary and Report Text
(a) 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 Consultant. Prepare needs assessment summary in table and written text,
submit to City staff for review and comment, modify as appropriate and incorporate into
Master Plan document.
Task Components by City. Review and comment as appropriate.
Task 3. Review Needs Assessment Findings with City staff and Parks and Recreation
Board
(a) Review Key Needs Assessment Findings with Parks and Recreation Board.
Prepare presentation and review draft findings with staff and with the Parks and
Recreation Board. Document comments and discussion with summary meeting
notes.
PHASE IV. PREPARE CITYWIDE TRAIL PLAN RECOMMENDATIONS
Task 1. Trail Plan Opportunities Analysis
(a) Map existing and currently proposed trails. Map existing and programmed
trails in the City and directly adjacent to the City in adjacent cities. Mapped
alignments will be approximate and will be based on available GIS or aerial
photography data. Note key destinations in Baytown on maps. Review citizen
input regarding trails collected in Phase III.
(b) Draft trail alignments. Map potential trail corridors in Baytown and connections
to adjacent cities. Recommend type of trail surface and width. Recommend trail
standards for use in developing trails and in locating trails.
(c) Draft Residential Subdivision Connectivity Regulations. One goal of the trail
master plan is to provide a system of planned and existing trails to which new
residential subdivisions can be required to connect. This task is for the Consultant
to propose language to achieve this goal of requiring such trail connectivity as
part of the City's subdivision and site plan regulations.
(d) Review with City staff and Parks and Recreation Board. Submit draft
opportunities and alignments mapping to City staff for review and comment.
During previously scheduled meeting of Parks and Recreation Board, present for
review and comment. Modify draft corridor maps per comments received.
(e) Compatible with proposed transportation thoroughfare plan. The Trail plan
must be compatible with the proposed transportation thoroughfare plan.
Exhibit "A.' Page 9
Product by Consultant. Prepare map illustrating existing trail corridors in Baytown and
previously planned trails. Prepare map illustrating potential trail corridors to be
considered. Prepare text and illustrations for typical trail standards. Submit draft copy to
staff for review and comment.
Task Components by City. Review and comment as appropriate. Include in Parks and
Recreation Board agenda for review along with other Park Plan items.
Task 2. Trail Plan Implementation Recommendations and Text
(a) Prepare Implementation recommendations for trails. Recommend trail
priorities, potential funding sources and potential order of magnitude cost for each
recommended trail.
(b) Prepare trails section text. Prepare text for trails section in overall Parks,
Recreation, Open Space, Greenways and Trails Master Plan document, along with
plates by sectors of the City illustrating proposed trails. Include information on
each corridor, including type of trail, proposed trail features, and proposed
segment section. Include in document for review in Phase VII.
Product by Consultant. Map and text locating and describing proposed trails, along
with cost projections for each trail. Include prioritization recommendations and potential
funding mechanisms.
Task Components by City. Review and comment as appropriate.
PHASE V. PARKLAND DEDICATION ORDINANCE PREPARATION
Task 1. Prepare Draft Ordinance
(a) Meet with City staff and Planning and Legal Department staff to review data
on types of ordinances that have been used in Texas. Review assembled data
on other comparable ordinances (especially in greater Houston area), fees charged
and level of success attributed to each.
(b) Discuss potential components and features of prototype ordinance with
Planning and Zoning Commission and the Parks and Recreation Board.
Conduct an introductory presentation of parkland dedication ordinance features
and potential components to a joint meeting of the Planning and Zoning
Commission and the Parks and Recreation Board. Review components of
potential ordinance and solicit feedback on most appropriate options for potential
Baytown ordinance.
(c) Prepare draft ordinance. Prepare draft ordinance language and submit to City
staff for review and comment. Modify per comments received.
Product by Consultant/Planning Team. Meeting to review potential elements of an
ordinance, prepare draft ordinance and submit for review, modify per comments received.
Exhibit "A." Page 10
Task Components by City. Organize discussion meeting with City staff and Planning
Department, as well as Planning and Zoning Commission and Parks and Recreation
Board. Review draft and comment as appropriate.
Task 2. Ordinance Review and Approval
(a) Present to Planning and Zoning Commission and City Council. Present to
Planning and Zoning Commission in workshop meeting, and modify as
appropriate per comments received. Present to City Council in workshop format,
and modify per comments received.
(b) Present to Planning and Zoning Commission for Final Approval. Support
staff in presenting to Planning and Zoning Commission for final approval.
Product by Consultant/Planning Team. Prepare presentation, present to Planning and
Zoning Commission and Council, modify per comments received, and assist with final
approval meeting if necessary.
Task Components by City. Schedule workshop and approval meetings, review
submittals and comment as appropriate.
PHASE VI. PREPARE CITYWIDE PARKS PLAN RECOMMENDATIONS
Task 1. Preliminary Park Master Plan
(a) Master Plan Recommendations. A preliminary Parks, Recreation, Open Space,
Greenways and Trails Master Plan illustrating the components that are
recommended will be prepared. This plan will be based on the public input
findings and the conclusions of the needs assessment phase. The
recommendations will consider the following seven key elements:
➢ Existing park facility improvements;
➢ Opportunities for acquisition of key open space areas, as they become
available;
Indoor recreation Options, based on the finding of the indoor recreation needs
assessment. Include consideration of most recent national trends in recreation
programming nationwide;
➢ Recreation Program recommendations to address key recreation programming
needs;
➢ Funding strategies to provide predictable funding resources for the proposed
improvements;
➢ Integration of Existing Aquatics/Nature Center Master Plans, along with
ongoing recommendations; and
➢ Trail recommendations per trails section recommendations.
(b) Develop criteria. Create draft criteria by which to rank potential actions. Criteria
may include:
➢ Addresses specific need;
➢ Cost effectiveness;
➢ Acceptable maintenance burden;
➢ Site suitability; and
Exhibit "A." Page 1 l
Relationship to remainder of system.
(c) Create Improvement Categories. Recommendations will be presented in four
major categories:
program improvements and additions;
➢ existing park rehabilitation needs;
➢ future land acquisition needs; and
➢ new facility development, including general aquatic and indoor facility
recommendations.
(d) Preliminary Ranking. Rank all recommended improvements based on the
criteria developed above. Prepare a plan illustrating all recommended
improvements. Prioritization of improvements, to fund most critical projects first,
based on demonstrated need, with less critical components being incorporated as
funding allows. Using prioritization criteria rank all recommended improvements
in terms of level of need. Include summary of justification for each
recommendation.
(e) Parks and Recreation Board Review Presentation. Submit one original copy
to City Staff for report printing for Committee members. Present draft
recommendations to Parks and Recreation Board for review and discussion.
Product by Consultant. Summary of master plan recommendations in plan, table and
text format, criteria for ranking, preliminary ranking.
Task Components by City. Review and comment as appropriate.
Task 2. Implementation Plan Recommendations
(a) 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 latter step.
(b) Implementation Plan. Develop action plan that details recommended sequence
to implement recommendations. Include suggested timeframe for each action.
(c) Governance Plan. Review parkland dedication ordinance and suggest changes if
deemed necessary and appropriate. Suggest possible changes to funding
mechanisms as appropriate.
(d) Review current alternative funding programs (if applicable). Suggest goals
and role, governance methodology, method of interaction with City. Prepare
summary report for inclusion in the Master Plan.
(e) Prepare draft document. Prepare draft planning document. Format will be 8.5"
x 11" page size for Parks, Recreation, Open Space, Greenways and Trails Master
Plan. Document will be prepared in Microsoft Word (2003 Version) format. A
digital original will be prepared so that additional copies can be prepared by the
City of Baytown. The Microsoft Word digital original shall be formatted in such a
way that it can be easily edited, reformatted or modified by City staff.
Product by Consultant. Summary of master plan implementation recommendations.
Exhibit "A.' Pap 12
Task Components by City. Review and comment as appropriate.
Task 3. New Acquisition Concept and Program /Grant Opportunities
(a) Concept Plan and Draft Program. Review prior recommendations for the
newly acquired 56 -acre tract of land, and recommend changes to the program of
uses and concept as appropriate.
(b) Review potential projects that may be grant funded. Recommend projects that
have the greatest potential for grant funding and include grant funding strategies
and required elements in the Parks, Recreation, Open Space, Greenways and
Trails Master Plan document as appropriate.
Product by Consultant. Recommendations for concept plan changes as appropriate.
Grant opportunity recommendations and prioritization.
Task Components by City. Review and comment as appropriate.
PHASE VII. FINAL CITIZEN REVIEW AND PARKS, RECREATION, OPEN SPACE,
GREENWAYS AND TRAILS MASTER PLAN APPROVAL PROCESS
Task 1- Public Meetings and Open House
(a) Public Open House Meetings. Prepare exhibits for one final open house
presentation. Prepare summary presentation for use during meeting. Develop
format for meeting. Assist with leading meeting. Up to three planning team staff
members will attend the open house meeting to respond to citizen comments.
(b) Final Public Review. Conduct presentations with internal department heads for
internal review and comment, Park Board members, Planning Commission and
City Council. Modify plan per input received. Post document to project web site
for citizen review.
(c) Parks and Recreation Board Review and Approval. Submit one original copy
to City Staff for report printing for Park Board members. Present draft master plan
document and recommendations to Board for final review and approval.
(d) Planning and Zoning Commission for Review and Approval. Present draft
master plan document and recommendations to Planning and Zoning Commission
for final review and approval.
(e) Council Review and Approval. Present final document(s) to Council for review
in a work session. Review comments and modify report. Submit document
original to City staff for printing of documents for Council. Present to Council in
one meeting for final approval.
(f) Submit final document original. Provide final electronic versions of plan in
both Microsoft Word and PDF format.
(g) Summary for Comprehensive Plan. Prepare executive summary for insertion in
City's Comprehensive Plan document.
(h) Submit to TPWD for review /approval. Submit a copy of approved plan to
TPWD for review /approval.
Exhibit "A." Page 13
Product by Consultant. Prepare plan recommendations in map and report format,
review with City staff and edit per comments; prepare presentation and illustrations for
public review; prepare final document in draft format and submit 32 review copies and an
electronic original to City for printing of draft copies; present at up to five final
presentations, including Parks and Recreation Board, Planning and Zoning Commission,
City Council worksession and at formal Council meeting for approval, other interested
groups, submit 32 final color copies of the final master plan; and transmit final reports in
digital format to City staff for final printing and placement on the City's website.
Task Components by City. Review and comment as appropriate, coordinate final
presentation times, printing of draft and final copies of the report.
Exhibit "A." Page 14
Exhibit "B"
Schedule
Parks. Recreation. Open Space. Creellways and Trails Nlaster 111.111 Time Schedule
Phase I — Pre- Plannin — 42 Days
Task 1. Pre-Planning and Background Information
7 Days
Task 2. Develop Draft System Goals and Objectives
7 Days
Task 3. Review of Inventory of Existing Parks and Facilities
14 Days (after
receipt from City of
Baytown)
Task 4. Inventory of Programs
14 Days
Phase lI Citizen Input —130 Days
Task 1. Kickoff Meeting with Parks and Recreation Board
One Da
Task 2. Interview with Key Stakeholders
21 Days
Task 3. Citywide Opinion Stoves
80 Days
Task 4. Open Houscs/Public Meetings (occur towards the end of
the planning effort
14 Days
Task 5. Public Input Summary
7 Da vs
Staff Review
10 Days
Task 6. Wcbsitc Information
7 Days
Phase III — Needs Assessment — 66 Days
Task I. Needs Assessment
45 Days
Task 2. Needs Assessment Summary
14 Da vs
Task 3. Review Needs Assessment Findings with City Staff and
Parks and Recreation Board
7 Days
Phase IV. —Pre are Citywide Trail Plan Recommendations — 60 Days
Task 1. Trail Plan Opportunities Analysis
30 Days
Task 2. Trail Plan Implementation Recommendations and Text
30 Days
Phase V. Parkland Dedication Ordinance Preparation — 90 Days
Task 1. Prepare Draft Ordinance
21 Days
Task 2. Ordinance Review and Approval
55 Days
Sta Review
14 Days
Phase VI. Pre are Citywide Parks Plan Recommendations —100 Days
Task 1. Preliminary Parks, Recreation and Open Space,
Greenwa s and Trails Master Plan
60 Days
Task 2. Implementation Plan for Recommendations
10 Days
Task 3. New Acquisition Concept Review and Program/Grant
Opportunitic s
30 Days
Sta Review ofDraft Document
1 21 Days
Phase VII. FInal
Citizen Review and Master Plan Approval Process — 90 Days
Task 1. Public Meetings and Open House 12 Days
Board and Staff Review ofDraft Document 18 Days
Task 2. Board and Council Review and Anvroval 60 Days
Total Ntimber (of Days - 300 Days (11) months)
Note -All days shown are calendar days. Tasks may occur concurrently and may overlap. Overall timcTrame will
not be exceeded as long as review periods do not exceed dates shown above.
Fxhibit "B." Page Solo
Exhibit "C"
Fee Schedule
Consultant will perform the services outlined in Exhibit "A" on a time and materials basis at a
cost not to exceed ONE HUNDRED THOUSAND AND NO 1100 DOLLARS ($100,000.00),
including printing of draft and final reports and subconsultant expenses. Fees for services will be
billed on a monthly basis, based on the percentage of work completed for each phase. The
maximum fee for each phase is as follows:
Phase I — Pre - Planning $ 7,500
Phase II — Public Input $ 22,500
Phase III — Needs Assessment $ 16,500
Phase IV — Prepare Citywide Trail Plan Recommendations $ 10,300
Phase V — Parkland Dedication Ordinance Preparation S 11,500
Phase VI — Prepare Citywide Parks Plan Recommendations S 17,200
Phase VII — Final Citizen Review and Master Plan Approval Process,
Includes Draft and Final Printing S 14,500
Overall Fee Maximum (not to exceed) $ 100,000
Rate Schedule:
Firm/Role Hourly Rate
Halff Associates Inc.
Principle/Project Manager
$
185.00
Senior Planner'
$
165.00
Park Planner
$
70.00
GIS Technician
$
80.00
Graphic Designer
S
85.00
Administrative Assistant
S
55.00
Subconsultants:
Raymond Turco and Associates
Principal/Project Manager S 150.00
Support Staff $ 50.00
John Crompton, Ph.D, Texas A &M University S 125.00
Elaine Dill, DFL LLC $ 125.00
Exhibit "C." Page 1
Project - Related Expenses:
Project- related expenses shall include mileage, photography, color renderings, travel - related
expenses, delivery charges, and mailing charges related to the citizen survey. Such expenses are
included in the totals shown hereinabove. Printing is included for the number of report copies
shown in Exhibit "A." Project- related expenses, with the exception of mileage, travel and
printing costs, will be billed at 1.1 times the direct cost incurred to cover accounting and
processing costs. For any and all project - related expenses beyond those contemplated in Exhibit
"A," the Consultant must obtain the City's prior written approval before incurring the same.
Should Consultant fail to obtain such approval, the City shall not be liable for such expenses.
Printing of 32 draft review copies of the master plan document, as well as 32 final color copies
of the document are included in the not to exceed fee shown above. Electronic files will be
provided to the City of Baytown for electronic transmission of the report or for the printing of
additional draft or final copies if those become are needed.
Exhibit "C' Page 2
Exhibit "D"
Subconsultant's Insurance Requirements
Raymond Turco and Associates (role — public opinion surveys) will meet or exceed minimum
coverages contained in the Consulting Services Agreement, with the exception of Errors and
Omissions Insurance. As a public opinion specialist with no design responsibilities, Raymond
Turco and Associates does not carry errors and omissions coverage.
Elaine Dill, DFL LLC (role — grant opportunities review, no design responsibilities) will meet
or exceed minimum coverages in the Consulting Services Agreement, with the exception of
Errors and Omissions insurance and Worker's Compensation coverage. The firm has no
employees, and as a grant specialist with no design responsibilities, Elaine Dill does not carry
errors and omissions coverage.
John Crompton, PhD, Professor Emeritus at Texas A &M University (role - parkland dedication
ordinance specialist) has no employees, does not engage in design work or non - policy planning,
and performs consulting on a limited basis. He will carry automobile coverage that meets or
exceeds the coverages contained in the Consulting Services Agreement, but will not carry
Commercial General Liability, Errors and Omissions or Workers' Compensation coverage.
Exhibit "D," Page Solo