R-08-08-28-9E1 - 8/28/2008RESOLUTION NO. R -08-08-28-9E1
WHEREAS, the City of Round Rock desires to retain professional
consulting services for a downtown redevelopment and expansion plan,
and
WHEREAS, Torti Gallas and Partners, Inc. has submitted an
Agreement for Professional Consulting Services to provide said
services, and
WHEREAS, the City Council desires to enter into said agreement
with Torti Gallas and Partners, 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 Professional Consulting Services
for Downtown Redevelopment and Expansion Plan with Torti Gallas and
Partners, 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 28th day of August, 2008.
SARA L. WHITE, City Secretary
O:\WDOX\RESOLUTI\R80828E1.DOC/ rmC
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AMCGRAW, Mayor
City of Round Rock, Texas
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
DOWNTOWN REDEVELOPMENT AND EXPANSION PLAN
WITH TORTI GALLAS AND PARTNERS, INC.
THIS AGREEMENT for professional consulting services relating to planning of the City
of Round Rock's re -development and expansion of its downtown area (the "Agreement") is
made by and between the City of Round Rock, a Texas home -rule municipal corporation, with
offices located at 221 East Main Street, Round Rock, Texas 78664-5299, (the "City") and Torti
Gallas and Partners, Inc., with offices located at 523 West 6th Street, Suite 212, Los Angeles,
California 90014 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such professional services; 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 this Agreement has been signed by each
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 until full and satisfactory completion of the work
specified herein is achieved, but in no event later than twelve (12) months from the effective date
of this Agreement.
City reserves the right to review the Agreement at any time, including at the end of any
deliverable or phase or task, and may elect to terminate the Agreement with or without cause or
may elect to continue.
1.02 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant a total sum not to exceed Four Hundred Forty-two Thousand Three
Hundred and No/100 Dollars ($442,300.00), in payment for services and the Scope of Services
00143879/jkg
EXHIBIT
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deliverables as delineated in Exhibit "A" attached hereto and incorporated herein for all
purposes. This amount does not include expenses which otherwise are reimbursable under this
Agreement as delineated in Section 1.04.
1.03 SCOPE OF SERVICES
For purposes of this Agreement, Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is delineated in Exhibit "A" attached
hereto and incorporated herein for all purposes.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Consultant shall satisfactorily provide all services and deliverables described under the
referenced Scope of Services within the contract term specified in Section 1.01. 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 this Agreement and with the referenced Scope of Services.
Consultant shall perform its services in a professional and workmanlike manner.
Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A." However, either party may make written requests for changes to the Scope of
Services. To be effective, a change to the Scope of Services must be negotiated and agreed to in
all relevant details, and must be embodied in a valid Supplemental Agreement as described in
Section 1.05 hereof.
1.04 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant as follows:
Fees for the listed deliverables in the total amount of Four Hundred Forty-two Thousand
Three Hundred and No/100 Dollars ($442,300.00) shall be paid by City in the following manner:
To receive payment, Consultant shall prepare and submit detailed monthly invoices to
City for services rendered in correlation with Exhibit "A." If City has any dispute with services
performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In
the event of any dispute regarding the services performed, then and in that event Consultant shall
either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate
credit.
Payment for Reimbursable Expenses: Reimbursable expenses authorized by City shall
be paid to Consultant at actual cost upon Consultant properly invoicing for same and providing
documentation for same. Such reimbursable expenses shall not exceed the total amount of
Forty-six Thousand Two Hundred and No/100 Dollars ($46,200.00).
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement to this Agreement, Consultant's total compensation for consulting
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services hereunder shall not exceed Four Hundred Eighty-eight Thousand Five Hundred and
No/100 Dollars ($488,500.00). This amount represents the absolute limit of City's liability to
Consultant hereunder unless same shall be changed by additional Supplemental Agreement, and
City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Consultant's
professional fees for work done on behalf of City.
Deductions: No deductions shall be made for 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.
1.05 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by City Manager, 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. 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 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment following delivery of all deliverables, Consultant shall
prepare and submit detailed monthly progress invoices to City, in accordance with the
delineation contained herein, for services rendered. Such invoices for professional services shall
track the referenced Scope of Services, and shall detail the services performed, along with
documentation for each service performed. Payment 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.
Should additional backup material be reasonably requested by City relative to service
deliverables, Consultant shall comply promptly. In this regard, should City reasonably
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 an invoice, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.10 herein. Under no circumstances shall Consultant be entitled to
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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.
1.07 REQUIRED DRAFT REPORT AND FINAL REPORT
Consultant agrees to provide City with a draft report and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
Additionally, Consultant agrees to provide City any necessary oral presentations of such written
reports, at City's designation and at no additional cost to City.
Consultant agrees to provide City with ten (10) additional bound copies of the final
written report, with one (1) unbound copy being delivered which is suitable for City to make
additional copies at the sole election of City. All copies of the written final report will be on 8-
1/2" x 11" or 8-1/2" x 17" paper, will be primarily in black and white, will be spiral bound, and
will contain color pages, images, photos, and diagrams as necessary. Consultant shall also
deliver two (2) reproducible CDs to City, all at no additional cost to City.
1.08 LIMITATION TO SCOPE OF WORK
Consultant and City agree that the Scope of Services to be performed is enumerated in
Exhibit "A" herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
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 its budget for the fiscal year in question. City may effect such termination by
giving Consultant written notice of termination at the end of its then -current fiscal year.
1.10 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed or the date City receives a correct invoice for the goods or services, whichever is later.
Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of
the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
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(1) There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late;
(3)
The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
1.11 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement 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 being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and
shall be compensated in accordance with the terms hereof for work accomplished and
reimbursable expenses incurred prior to the receipt of said notice of termination. Consultant
shall not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this project shall become the property of City upon termination of this Agreement, and shall be
promptly delivered to City in a reasonably organized form without restriction on future use,
provided City gives Consultant appropriate credit when Consultant's work product is used for
publicity or marketing purposes, and provided City assumes all liability arising from the use of
the work product for other projects or for uses on this project for which the work product was not
intended. Should City subsequently contract with a new consultant for continuation of service
on the project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
parties to fulfill contractual obligations. Termination under this section shall not relieve the
terminated party of any obligations or liabilities which occurred prior to termination.
Nothing contained in this section 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.
Default: City may terminate this Agreement, in whole or in part, for default if City
provides Consultant with written notice of such default and Consultant fails to cure such default
to the satisfaction of City within ten (10) business days of receipt of such notice (or a greater
time if permitted by City).
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If Consultant defaults in performance of this Agreement and if City terminates this
Agreement for such default, then City shall give consideration to the actual costs incurred by
Consultant in performing the work to the date of default. The cost of the work that is useable to
City, the cost to City of employing another firm to complete the useable work, and other factors
will affect the value to City of the work performed at the time of default. Consultant shall not be
entitled to any lost or anticipated profits for work terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of City and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained herein shall require City to pay for any work deemed unsatisfactory by
City, or which is not submitted in compliance with the terms hereof.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not City's employee. Consultant's
employees or subcontractors are not City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No 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:
(1) Consultant has the right to perform services for others during the term hereof.
(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.
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 services required
hereunder, and City shall not hire, supervise, or pay assistants to help Consultant.
Neither Consultant nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
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.
(3)
(5)
(7)
1.13 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
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any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
1.14 CITY'S RESPONSIBILITIES
Full information: City shall provide full information regarding project requirements.
City shall have the responsibility of providing Consultant, in a timely manner so as not to
unreasonably delay Consultant's work, with such documentation and information as is
reasonably required 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 directives provided by City or its designated
representative concerning provision of services.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. City shall furnish information which
includes but is not limited to access to the property, preliminary information and/or data
regarding the site and surrounding property (if applicable), pertinent correspondence with other
local municipal and planning officials, previous market analyses or feasibility studies, and other
pertinent information. Consultant agrees, within ten (10) days of the effective date of this
Agreement, and thereafter as the need arises, to provide City with a comprehensive and detailed
information request list.
1.15 CONFIDENTIALITY; AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
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Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees and
others working on behalf of the party of the confidential nature of the Confidential Information
and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including a
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other party with
prompt written notice and allows the other party to seek a restraining order or other appropriate
relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein
shall preclude or limit Consultant from providing similar services for other clients.
Neither City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
1.16 WARRANTIES
Consultant shall perform all services hereunder consistent with generally prevailing
professional or industry standards, and in a professional and workmanlike manner. Consultant
shall re -perform any work not in compliance with this standard ("Standard of Care").
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1.17 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of this Agreement,
then and in that event City shall give written notification to Consultant; thereafter, (a) Consultant
shall either promptly re -perform such services to the requirements of this Agreement at no
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein in Section 1.11, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder, or
(c) for any damages not resulting solely from Consultant's negligent acts or omissions.
1.18 INDEMNIFICATION
Consultant and City each agree to indemnify and hold harmless the other from and
against any and all amounts payable under any judgment, verdict, court order or settlement for
death or bodily injury or the damage to or loss or destruction of any real or tangible personal
property to the extent arising out of the indemnitor's negligence in the performance of this
Agreement.
Consultant agrees to indemnify and hold harmless City from and against any and all
amounts payable under any judgment, verdict, court order or settlement for Third Party claims of
infringement of any trade secrets, copyrights, trademarks or trade names arising from the
deliverables provided by Consultant to City in connection with the performance of this
Agreement. Should City's use of such deliverables be determined to have infringed, Consultant
may, at its option: (i) procure for City the right to continue using such deliverables provided or
(ii) replace or modify them to make their use non -infringing while yielding substantially
equivalent results. If neither of the above options are or would be available on a basis that is
commercially reasonable, then Consultant may terminate this Agreement, City shall return such
deliverables provided, and Consultant will refund to City the fees paid for the deliverables
provided. City shall, however, remain responsible to compensate Consultant for services
satisfactorily provided, and the responsibilities of both parties shall continue to be in force on
portions of the project not affected by the infringement. This infringement indemnity does not
cover claims arising from the combination of such deliverables with products or services not
provided by Consultant; the modification of such deliverables by any person other than
Consultant; deliverables complying with or based upon (1) designs provided by or at the
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direction of City or (2) specifications or other information provided by or at the direction of City;
or use of systems, materials or work performed in a manner not permitted hereunder or by
another obligation of City to Consultant.
The indemnities in this section are contingent upon: (1) the indemnified party promptly
notifying the indemnifying party in writing of any claim which gives rise to a claim for
indemnification hereunder; (2) the indemnifying party being allowed to participate in the defense
and settlement of such claim; and (3) the indemnified party cooperating with all reasonable
requests of the indemnifying party (at the indemnifying party's expense) in the indemnified
party's preparation for defending or settling a claim. The indemnified party shall have the right,
at its option and expense, to participate in the defense of any suit or proceeding through counsel
of its own choosing.
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 may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
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 its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
1.21 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.
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
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required provisions and additional policy conditions as shown below. As an alternative,
Consultant may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Consultant's certificate of insurance shall note in such
event that the subconsultants are included as additional insureds.
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 require the same from 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,
non -renewal or any material change in coverage, except for ten (10) days' notice in
the event of cancellation due to non-payment of premiums, and a notice thereof
shall be given to the 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 one (1) business day 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 "the City" or "the City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of the 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.
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 City.
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1.22 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
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,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to City at the expiration of the term of this Agreement.
1.23 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 under this
Agreement.
1.24 DESIGNATION OF REPRESENTATIVES
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Will Hampton
Communications Director
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(512) 218-5409
whampton@round-rock.tx.us
Consultant hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Neal I. Payton, AIA, LEED-AP
Torti Gallas and Partners, Inc.
523 West 6th Street, Suite 212
Los Angeles, California 90014
(213) 607-0053
npayton@tortigallas.com
1.25 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 herein; or
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(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:
Neal I. Payton
Torti Gallas and Partners, Inc.
523 West 6th Street, Suite 212
Los Angeles, CA 90014
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.26 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
1.27 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
understand and expressly agree that, in the event of any conflict between the terms of this
Agreement and any other writing, this Agreement shall prevail. No modifications of this
Agreement will be binding on any of the parties unless acknowledged in writing by the duly
authorized governing body or representative for each party.
1.28 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator,
City shall select one mediator and Consultant shall select one mediator and those two mediators
13
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.
1.29 FORCE MAJEURE
Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay
or default in performance of any obligation hereunder shall constitute an event of default or a
breach of this Agreement, only to the extent that such failure to perform, delay or default arises
out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Consultant shall not be deemed to be in default of its obligations to City if its failure to
perform or its substantial delay in performance is due to City's failure to timely provide
requested information, data, documentation, or other material necessary for Consultant to
perform its obligations hereunder.
1.30 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of 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 of
provision held to be void. The parties further agree to amend this Agreement 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 Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
1.31 STANDARD OF CARE
Consultant represents that it is trained, experienced and competent to perform all of the
services, responsibilities and duties specified herein and that such services, responsibilities and
duties shall be performed, whether by Consultant or designated subconsultants, in a manner
according to the standards generally followed by design professionals working on similar
projects in the same geographical area.
1.32 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Agreement.
14
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the party against whom such waiver or
discharge is sought to be enforced.
This Agreement may be executed in multiple counterparts, which taken together shall be
considered one original. City agrees to provide Consultant with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
Torti Gallas and Partners, Inc.
By:
Printed Name:
Title:
Date Signed:
15
Memorandum
To: Will Hampton
City of Round Rock
From: Neal Payton
Torti Gallas and Partners, Inc.
Date: August 12, 2008
Subject: Revised Scope of Work and Fee for Downtown Round Rock Master Plan
Summary of Team and Fee
Team Member
Contribution
Fee
Reimbursables
Included? Y/N
Torti Gallas and Partners
Urban design, consensus-
based planning, and
project management
$201,410
n (estimate=$30,200)
ERA
Marketing, Economic and
Fiscal
$66,000
y (estimate= $4,400)
Walter P Moore
Transportation and
Circulation
$68,800
n (estimate=$5,000)
Melendrez
Landscape and Open
Space
$55,570
n (estimate=$5,600)
Urban Design Group
Civil Engineering and
Infrastructure
$24,920
n (estimate=$1,000)
Limbacher and Godfrey
Historic Preservation
Consulting
$15,000
y
BWM Group
Local Landscape
Consultant
$15,000
y
: $446,700
TOTAL: $488,500
Scopes of Work for Downtown Master Plan by Team Member
Urban Design, Project Management, Community Design
Torti Gallas and Partners
Fee: $201,410 + reimbursables
+approx: $41,800
Our approach to this master planning work begins with site analysis and interactive community
visioning, and ends in a larger gesture of a definitive Master Plan and form based code. The goal of
our entire effort is to create a series of practical yet forward -thinking strategies to guide the future
development and growth of the Downtown area. We recognize that the Plan must at the same time
be environmentally responsible, respectful of the existing landscape and built environment, financially
feasible, and visionary.
Essentials of Our Work Plan and Approach
Project Initiation
The Consultant Team will initiate its consultancy by meeting with the Client and the stakeholders that
the City identifies as essential to the success of the project. Based upon dialogue, refinements can
be made to the work program and project schedule. Out of this will come the identification of key
development issues and challenges and a preliminary "vision" of the project area that can guide the
planning process.
Identifying Issues and Opportunities and Initiating the Public Involvement Strategy
This step involves documentation and refinement of the issues, including the overall goals and
concerns of the City; the physical opportunities and constraints of the study area and its context; and
the market dynamics of the area and programmatic objectives. Torti Gallas will oversee the
subconsultant studies, which will be launched in this Step. Critical to the work program will be the
preparation of a composite design opportunities and constraints map using the information gathered.
The Design Charrette and Exploring Concept Alternatives
The charrette is the 'heart' of our approach. The charrette entails an iterative process of design
proposition, testing and refinement with public involvement, resulting in the identification of an
optimal urban design concept and subsequent coding mechanism for downtown. The design
charrette focuses production into an intensive and interactive series of sessions, presentations, and
meetings that includes City Staff, stakeholders, and our team. Alternative downtown design concepts
will be explored and evaluated in terms of their effectiveness in achieving project goals, capitalizing
on the special opportunities of the area and resolving potential problems. The skeletal coding
framework will also be established during this step.
Setting the Design Framework
With the completion of the public workshop, we will return to our offices to develop a refined version
of the Master Plan and code. The draft Plan will consolidate the group's urban design vision, the
City's market expertise and financial requirements, and our expertise in city and neighborhood
design. The culmination of this post-charrette period will be represented in the first draft of the
downtown Master Development Plan with an outline for its implementation. The code we will create
identifies the elements that create the desired quality of place and establishes criteria for these
central ingredients.
Public Hearings, Refinement, and Master Plan Publication
Ensuring broad acceptance, awareness and understanding of the Plan is just as important as creating
the Master Plan itself. The document must be integrated into the Planning processes in the City and
accessible to all community members who may benefit from it.
The following outlines our proposed Work Plan:
Step One: Project Initiation
Task 1,1; Contextual Analysis and Development of Issues and Opportunities
In this Task, we will gather and review all relevant data, reports, maps and other baseline
information essential to conducting the vision and strategic plan. This may include, but is not limited
to:
• GIS data and aerial photography
• Information compiled by City Staff regarding development projects, cultural and
neighborhood histories and resources
• Status, content, and recommendations of any ongoing or relevant studies and plans
• Preliminary list of stakeholders
We would recommend receipt of all available data at least two weeks prior to the scheduled
orientation meeting for adequate time for distribution and absorption by the Torti Gallas Team.
During Task 1.1, our team will perform research to define planning issues and desires, and identify
the strengths, weaknesses, constraints, and opportunities for the project areas. No new data to be
gathered during this Task. Our assessment during this Task includes a physical inventory,
demographic analysis, and a land utilization assessment.
Time Required: Two Months
Deliverables: Context diagrams, draft technical memorandum
Task 1.2: Orientation Meeting & Site Visit
The Torti Gallas Team will organize an orientation meeting with the City Team. The kick-off meeting
will serve as a way to make sure all the participants in the study understand the schedule,
expectations and products that will be prepared for each task, workshops, and charrette. We will
discuss the means for acquiring any remaining data as identified by the Torti Gallas Team and revise
the matrix of available background data for re -distribution to the Team.
During this task, the public involvement strategy will be formed through consensus between the
consultant and City teams. A site visit will begin our assessment and analysis process. We will
document the area with photos and analytical diagrams (e.g. opportunities and constraints map,
linkages, green space, etc.) Torti Gallas assumes one day of one-on-one initial stakeholder meetings
with individuals identified by the City (e.g. landowners, business owners, developers, staff members,
elected officials, etc).
Time Required: Two days plus prep time and follow-up
Deliverables: Refined schedule, meeting minutes, details of each task and workshop
and community outreach program.
Step 2: Community Outreach and the Charrette
We recognize that crafting master design plans is often controversial. Education, teamwork and a
shared sense of authorship among many stakeholders are the keys to moving forward with any such
plan. For this reason, our approach to this project is based around community outreach and
consensus -based planning. Public participation will be an integral part of the overall project. Our
team will work with the City to develop a public involvement strategy to engage participation at all
levels. We will guide you through the steps necessary to prepare for the charrette and to prepare
your public outreach strategy and community outreach coordination.
Task 2.1: The Design Charrette
Our charrette events are like a combination of an on -location design studio and old-fashioned town
meeting. The charrette focuses community input over a short period of time, through the hands-on
effort of people representing the full spectrum of interests. The approach is inclusive and designed
to build consensus from the outset. It's been our experience that through these charrettes,
participants come to care more about the plan— they see their ideas as they are refined and they
become part of a synthesized vision. We cannot overemphasize the educational value of this
approach either. Citizens become familiar with the tools of good urban design and gain an
appreciation of the importance of long-range thinking.
Here's how the five day charrette would likely work:
The Torti Gallas Team will set up our design studio within the study area. We will begin the effort
with a visual presentation, open to the public, designed to create a clearer understanding and
awareness of the issues related to vision planning and Round Rock itself. Above all, the purpose of
these "kick-off" meetings is to share ideas. The Team will discuss their understanding of the site in
question with the community, and the community will be asked to share their goals for the
development of their neighborhood. Finally, we'll show a variety of examples of precedents for
similar visioning project or corridor plans, provide background information, and review the area's
urban history as food for thought.
After the kick-off meeting, we will begin to apply the feedback received and will conduct interviews
and closed door meetings with the key stakeholders, and land owners, as well as other outside
experts, technical managers from relevant local and regional agencies as necessary. Outside of this
closed door effort, the entire process is open to the public for informal drop -ins as well as organized
feedback sessions to review the work in progress. Hands-on design sessions will be programmed
through out the charrettes where participants will work in groups led by leaders from our Team to
define visions, opportunities, desires, ideas, and concerns about the project area.
Depending on the context, graphic tools may include computer -simulated streetscapes, aerial
triptychs and/or ground level perspective renderings. Most important is the hands-on aspect of the
process. This is not a passive process for participants, but an active one. They will be encouraged to
pick-up a pencil and draw, or alternatively, allow the design team to draw as they describe their
vision. Feedback in the process comes quickly as the goals are explored, options and scenarios are
tested for workability, and existing conditions are ground -checked.
At the end of the charrette, we will gather feedback at a closing presentation of a series of
conceptual land use vision schemes.
Time Required: Public outreach campaign is on going. Five day charrette
Deliverables: Charrette presentation materials and diagrams, 1 to 2 hand rendering(s) during
charrette.
Step Three: Refining the Preferred Scheme
Based upon the findings of the charrette and feedback from the City and from participating
stakeholders, one to three preferred alternative vision(s) will be chosen from the visions presented at
the end of the charrettes, which we will work to redraft and from which we will craft the Master Plan
and Code. This Step is predicated on the close communication between the Consultant team and the
City. Task 3.1 includes choosing the preferred alternative vision(s) and Task 3.2 includes refining the
vision(s).
Time Required: Two Months
Deliverables: Preferred design Vision Plan(s)
Step Four: Crafting the Master Plan and Form -Based Code
Once the final concept plan(s) have been chosen for the study areas, our team will develop a refined
Master Plan that integrates findings and recommendations from the economic and transportation
analyses. The Master Plan will be both visionary and market-based and will be presented through a
series of illustrative graphics, photos, renderings, and corresponding text. Catalytic project /
strategic vision areas will be accompanied by an infrastructure needs assessment and capital plan.
The Plan may include the following:
• Vision Statement
• Planning analysis/History
• Description of the planning process
• Master Plan, which among other things include:
Rights of Ways
Catalytic Project Sites and Potentials
Green/Open Spaces
• Form Based Code. Based upon the market analysis, and public charrette process, we will
develop a refined program of land uses, including civic and cultural uses. This will include
not only a determination of the depth and timing of demand, but also an assessment of
the overall viability of the plan from a market perspective — in particular, the compatibility
and timing of programmed land uses. It is important that the Master Plan and Form Based
Code are flexible enough to adapt to changing circumstances, but also clear enough to
ensure their relevance for years to come. Torti Gallas will craft the code and work with the
City to determine the appropriate regulatory framework from which to implement (e.g. a
zoning overlay). The Code may include:
An overview including principles, intent, and definitions
Regulating Plan with urban design zones
Permitted uses
Preliminary density and intensity standards
Circulation Plan
Urban design guidelines (including building form standards)
Public Space and Street Standards
• Comprehensive phasing and implementation schedule merging all recommendations
Our approach to development of the Master Plan and Form Based Code avoids technical jargon and
has a heavy graphic orientation and "out of the box" problem -specific approach. In many contexts,
the technical jargon of zoning and development regulation presents a significant obstacle to public
understanding of what regulatory parameters mean. The use of plain language and the generous
use of graphics and illustrative diagrams to explain relatively complex terms should be the norm.
Translating the community vision into clear design recommendations is a key component to
successfully completing the project scope.
The Consultant Team will present the draft Master Pian to the community members in a public
meeting and will then integrate feedback from this meeting and from a City review, into a final Plan.
Obtaining feedback from all the involved and necessary parties is an important component of a
complete Plan. Discussions between our team and City staff will be made as needed to refine the
document during this Task.
Time Est/mated:Three months
Deliverables: Rough draft and final draft of Master Plan and Form Based Code, including phasing
and implementation schedule
Step Five: Public Meeting to Present Final Plan and Form Based Code
This final step includes meetings where the consultant team will join City staff to present the Master
Plan to the Planning Commission, City Council and other key constituencies. This will give us time to
discuss the intricacies of the Plan and to discuss directions for future planning and development
efforts.
Time Estimated: One to Two months. Up to two meetings as required by City
Deliverables: Presentation materials, outlines
Fee Summary:
Step 1 Project Initiation: $58,890
Step 2 Community Outreach and the Charrette: $36,800
Step 3 Refine the Preferred Scheme: $33,248
Step 4 Crafting the Master Plan and Code: $68,835
Step 5 Public Meetings to Present Final Plan: $3,640
Economic and Market Analysis
ERA
Fee: $66,000
ERA will provide a full demand analysis of residential (both market rate and affordable/workforce) in
various formats, commercial office space and potential retail space for the Downtown Master plan
study area as well as the expanded 'area of influence.' ERA will perform an overview analysis, which
will provide direction to the City and the planning team as to whether a branded, or other specialty
lodging property makes sense for downtown Round Rock. The results of this analysis will document
(along with the market overview for hotel/lodging) a recommended development program for these
uses as a basis for the charrette. Following the charrette and any comments/suggestions/changes
resulting from public input and client review, ERA will recommend market positioning and
implementation steps, including development management procedures, suggested policy changes
(such as zoning amendments and incentives) and suggested potential funding strategies for
downtown development. The implementation and funding strategies will be based both on our
knowledge of what has worked in Texas, as well as selected relevant examples of successful
programs and approaches from other downtown areas around the country.
Task 1: Project Initiation Meeting and Site Visit
Under Task 1, ERA staff will work with Torti Gallas and the client to schedule and complete a project
initiation meeting and site visit to Round Rock and will provide the following:
• Participate in Project Initiation Meeting and site visit
• Prepare data request list for the City of Round Rock for submittal and discussion at project
initiation meeting to determine what data, retail inventories, site and area mapping, long-
term planning objectives and other information might be available
• Confirm the Round Rock project's market, economic and financial objectives, requirements,
implementation schedule and timing of major tasks and public outreach and overall
Downtown Master Plan goals
• Confirm all deliverables, meetings and project schedule items with Torti Gallas Consultant
Team and the Client
Product: Participation in Kick-off meeting, prepare and submit available data request list to the
City of Round Rock and Torti Gallas
Task 2: Stakeholder Meetings
ERA will participate in up to two person -days of stakeholder meetings, workshops and/or conference
calls; to address project cost concerns, ERA's budget and time allocation for this task assume that
onsite stakeholder meetings will be scheduled by the client and will occur on successive days. These
days may also be scheduled as part of the project initiation meeting trip to Round Rock.
Product: Participation in two person -days of stakeholder meetings and discussions
Task 3: Market and Demand Analysis
Task 3 will comprise the greatest level of effort for ERA in the Master Planning process, and will
include detailed market demand analyses of three uses in the downtown area (residential,
office/commercial and retail). In addition, ERA will conduct a market overview of lodging
opportunities that may be compatible with the Downtown Master Plan. Components included in the
detailed market analyses are described below.
• Residential —Single Family, multi -family, mixed-use, market -rate, affordable and
workforce housing demand will be analyzed based on existing or potential product types,
past trends and values and projected over an appropriate portion of the Master Plan
implementation period
• Office— Component of mixed-use, stand alone, special purpose and/or niche use office
space; both the office and residential demand analyses will consider the future effect of
Transit Oriented Development (TOD) on the downtown area, assuming that a TOD
station location can be identified relative to the study area boundaries and Master Plan
implications.
• Retail— Based on the findings of the previous uses (plus the market overview of lodging
described below), ERA will analyze supportable retail demand by category in downtown
Round Rock, including food & beverage, specialty and convenience retail, consumer
services that reinforce the planning objectives of the Master Plan (walkable pedestrian
environments, 'Park once' facilities, activation of streetscapes, redevelopment/infill and
new development sites and transportation/TOD, as applicable. If a detailed inventory of
existing retail uses in downtown Round Rock is not available, ERA will provide comments
on the qualitative aspects of the existing mix. If the client wishes for ERA to complete a
detailed retail inventory, this would be considered an additional service beyond the
budget of this proposal.
Product: Preparation and presentation of a comprehensive market analysis report detailing
research and findings and the recommended development program over time. Detailed market
demand analysis of these three uses corresponding to general market conditions, new opportunities
provided by the Master Plan, the presence of major corporate and/or institutional uses, and induced
market support that might be attracted by a more cohesive and complete downtown area.
• Lodging and Tourism Market Overview— ERA will provide an overview of
documented business visitor and tourist volumes in Round Rock and potential support
from these segments for additional or differentiated lodging/hotel use(s) in downtown
Round Rock.
Product: Market overview text and supporting data summarizing the market trends for
downtown lodging as part of the Master Plan. The market overview format will not address financial
feasibility for the lodging category.
Task 4: Review and Comments on Planning Scenarios
ERA will review and comment as appropriate with the consulting team on planning scenarios
developed as part of the Downtown Master Plan, describing key locations and co -tenancies,
opportunities for mixed-use development, phasing and staging and market synergy between/among
land uses (including residential, commercial, government and institutional uses). ERA will offer
market- and financially -based suggestions regarding planning concepts as they relate to the
recommended development program for residential, office/commercial and retail uses and market-
based directions for likely lodging uses.
Product: Participation in a design workshop meeting and/or conference calls regarding the
conceptual master plan and provision of comments and suggestions to Torti Gallas and Partners and
the City of Round Rock. ERA will attend two days of the charrette.
Task 5: Development Strategy and Implementation Recommendations
Working in coordination with the Torti Gallas Team and the City of Round Rock, ERA will provide
recommendations for an overall development strategy for the Downtown Master Plan, including:
• Analysis of overall feasibility for the residential, office/commercial and retail components of
the recommended planning and development program as part of the Master Plan, as well as
an overview of the lodging market;
• Recommend phasing and critical synergistic relationships between land uses and densities
provided
• Identify public/private partnership opportunities
• Suggest public financing mechanisms that may be required to leverage or induce particular
development components — historic tax credits, New Market Tax Credits, transit/TEXDOT
contributions, dedicated Capital Improvement Program (CIP) funding for infrastructure and
public -realm improvements; Tax Increment Finance (TIF)/Tax Increment Revitalization Zones
(TIRZ), Business Improvement Districts (BID's), Public Improvement Districts (PID's) or other
approaches.
• Identify up to five catalyst projects that will have transformative or influential effects on
downtown improvements including infill development, redevelopment sites, linkage
opportunities, etc.
• Work with the Torti Gallas Team to develop a realistic development phasing schedule for the
Master Plan from an economic/market/financial standpoint
• Recommend marketing/branding program necessary to promote downtown redevelopment
and expansion
Product: Report and presentation of the market and financial aspects of implementation
recommendations, descriptions of recommended financial incentives and programs appropriate for
the Downtown Master Plan, and contribute to development of a realistic implementation schedule as
part of the Torti Gallas Master Plan presentation and report.
Fee Summary:
Task 1 Project Initiation Meeting and Site Visit
Task 2 Stakeholder Meetings
Task 3 Market and Demand Analysis
Task 4 Review and Comments on Planning Scenarios
Task 5 Development Strategy and Implementation Recommendations
$ 5,500
$ 3,500
$38,000
$ 4,000
$15,000
* Total includes reimbursable expenses estimated at $4,400 and based on four person -trips.
Reimbursable expenses will be billed as accrued; should additional reimbursable costs beyond $4,400
be required by request of the City or Torti Gallas, additional costs will be noted and billed as accrued
after prior written approval of the client or prime consultant.
Walter P. Moore
Traffic and Circulation Consultants
Fee: $68,800 + reimbursables
The work by Walter P. Moore will be led by Gary Schatz, who will serve as project manager for all
traffic engineering tasks. He will also be the traffic engineering representative for all meetings,
presentations, charrette, and work sessions. He will be directly involved and committed to the
development of transportation planning and engineering concepts and strategies. Barring
circumstances which preclude his immediate presence, we do not intend to use substitute personnel
for his role on this project. City permission is needed to use substitute personnel for Gary Schatz.
The following scope items will be completed for the base study area.
TASK 1: PROJECT MANAGEMENT, COORDINATION, AND COMMUNICATION
A. TRAFFIC ENGINEER will provide project management for transportation related tasks.
B. TRAFFIC ENGINEER will participate in meetings with the Architect, Project Team and the City
of Round Rock to provide a coordinated effort on the project.
C. TRAFFIC ENGINEER will provide invoices and progress reports on a monthly basis.
TASK 2: PUBLIC INVOLVEMENT STRATEGY
A. TRAFFIC ENGINEER will participate with Project Team to development a public involvement
strategy focusing on input from the community on transportation issues.
B. TRAFFIC ENGINEER will participate in charrette with stakeholders, the Project Team, and the
City of Round Rock.
TASK 3: ONTEXTUAL ANALYSIS AND DEVELOPMENT OF ISSUES AND OPPORTUNITIES
3.1 Physical Inventory
A. TRAFFIC ENGINEER will review traffic volume data collected by the City of Round Rock for
use in the traffic analysis.
B. TRAFFIC ENGINEER will observe and document existing traffic operations during peak
periods along roadways within the study area. These observations will consider the needs of
all roadway users — bicyclists, pedestrians, transit riders, and motorists.
C. TRAFFIC ENGINEER will compile relevant information regarding previous transportation
master plans, capital improvement projects, and other planning information which could
impact the study area.
3.3 Transportation Assessment
A. TRAFFIC ENGINEER will develop a traffic network simulation model of the study area using
Synchro 7.0for existing conditions. Data provided by the City of Round Rock will be utilized
in the model. The AM and PM peak periods will be included in the model.
B. TRAFFIC ENGINEER will identify existing functionality gaps or operational concerns within the
transportation system considering the needs of all roadway users — bicyclists, pedestrians,
transit riders and motorists.
C. TRAFFIC ENGINEER will develop recommendations to address the identified transportation
issues.
D. TRAFFIC ENGINEER will perform alternatives analysis of the traffic network simulation model
for one alternative network scenario based on existing traffic volumes. The scenario will
include the AM and PM peak periods. The development and analysis of additional scenarios
is considered additional services and will be performed on a time and materials basis. Site
specific trip generation is not included in the scope of work. Trip distribution will occur on a
macro level to assess the potential impacts identified during the alternatives analysis.
3.6 Documentation (Community Analysis)
A. TRAFFIC ENGINEER will work collaboratively with the Project Team to develop systematic
options to the documented transportation issues.
B. TRAFFIC ENGINEER will develop conceptual designs of roadway and intersection features.
These designs will be provided to other team members for development of visual materials
for reports or community outreach.
C. TRAFFIC ENGINEER will utilize AutoTURN software in determining safe access and adequate
circulation for vehicles. Expected movements of vehicles will be analyzed to reflect the
maximum size of a vehicle that can be accommodated.
D. TRAFFIC ENGINEER will prepare a draft technical memorandum in a format defined by the
Project Team addressing the items of work included in this proposal. It is assumed the
Architect will be responsible for the reproduction and publication of the draft technical
memorandum.
E. TRAFFIC ENGINEER will prepare a final technical memorandum in a format defined by the
Project Team addressing the items of work included in this proposal and any review
comments received. It is assumed the Architect will be responsible for the reproduction and
publication of the final technical memorandum.
F. TRAFFIC ENGINEER will prepare for and participate in phone conferences or meetings with
the Project Team, City of Round Rock, CAMPO, TxDOT, or community stakeholders.
TASK 4: MASTER PLAN
A. TRAFFIC ENGINEER will develop transportation aspects of the urban districts designs
prepared by the Architect. The transportation recommendations will include such
considerations as ingress and egress locations for efficient and safe traffic movements,
parking locations, loading/unloading areas, service vehicle needs, and pedestrian
accessibility.
B. TRAFFIC ENGINEER will develop an overall transportation circulation plan identifying routes
for bicycles, pedestrians, transit vehicles, and motorists. These plans will be provided to
other team members for development of visual materials for reports or community outreach.
C. TRAFFIC ENGINEER will develop sketches of proposed transportation improvements based on
findings under Task 3.0.
D. TRAFFIC ENGINEER will develop proposed cross-sections for key streets that may include
Mays Street, McNeil Road, Main Street, Round Rock Avenue, and Georgetown Street.
E. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for conceptual
street plans on transportation items including vehicle lane configurations, bicycle facilities,
and pedestrian facilities.
F. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for the urban
design guidelines. This input will include a combination of schematic graphics and narratives.
G. TRAFFIC ENGINEER will provide input to the Architect, the Project Team and the City of
Round Rock relative to public investment projects related to transportation.
H. TRAFFIC ENGINEER will develop an implementation schedule for transportation
improvements in the City of Round Rock based on the analysis under Task 3.0.
I. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for public space
opportunities and the relationship to transportation facilities.
TASK 5: DESIGN PARAMETERS FOR THE FORM -BASED CODE
A. TRAFFIC ENGINEER will provide input to the Architect and Project Team to help develop
definitions, principles, and intent for the transportation component of the proposed City of
Round Rock code of regulations.
B. TRAFFIC ENGINEER will assist the Architect and the Project Team in developing a regulating
plan in the form of a schematic representation for the transportation components of the
proposed City of Round Rock code of regulations. This may include such things as cross-
sections of typical roadways, intersection design options, and minimum designs for
pedestrian, bicycle, and transit areas.
C. TRAFFIC ENGINEER will assist the Architect and the Project Team in developing public space
and street standards for the City of Round Rock. These will include but not be limited to
designs for sidewalks, vehicle travel lane widths, parking, and roadway/intersection
geometry.
D. TRAFFIC ENGINEER will provide input to the Architect and the Project Team in their
preparation of design parameters for a new form -based code. Deliverables may include
schematic drawings and narratives.
TASK 6: INFRASTRUCTURE NEEDS ASSESSMENT AND CAPITAL PLAN
A. TRAFFIC ENGINEER will work with the Architect and the Project Team to develop a short-
range (5 -year) and Tong -range (25 -year) plan for the City of Round Rock. These plans will
include an infrastructure needs assessment and capital facilities plan.
B. TRAFFIC ENGINEER will identify transportation needs for the City of Round Rock in both 5 -
years and in 25 -years based on the analysis of the transportation system. Recommended
projects for the short-range and long-range plans may not include specific projects, but may
include prototype projects based on the results of the master plan. The transportation
recommendations will be included in the overall plan developed by the Architect and the
Project Team.
C. TRAFFIC ENGINEER will identify the current capacity of the transportation system and
determine future capacity needs for downtown Round Rock.
D. TRAFFIC ENGINEER will prepare preliminary cost estimates for the transportation
improvement projects recommended for the short-range and long-range plans.
Fee Summary:
Task 1: Project Management $4,300
Task 2: Public Involvement Strategy $8,800
Task 3: Contextual Analysis $47,900
Task 4: Master Plan $2,600
Task 5: Design Parameters $2,100
Task 6: Infrastructure Needs Assessment $3,100
Melendrez
Landscape Consultant
Fee: $55,570 + reimbursables
The project encompasses a design charrette, master plan, and design standards for the City of Round
Rock Downtown. The Downtown area is understood to encompass roughly 90 acres.
Task 1: Data Gathering and Analysis
Melendrez will review and analyze existing and proposed streets, landscape and open space features
in the area. This task will include reviewing existing data and planning standards (no new data will be
collected) provided by the City of Round Rock that may include:
• GIS data and aerial photography
• Information compiled by City Staff regarding proposed landscape projects
• Landscape standards, codes, related general plan elements
• Status, content, and recommendations of any ongoing or relevant studies
A site visit (as part of the kick-off meeting with the team) will help familiarize the team with on -the -
ground conditions of the project area. Melendrez will compile relevant data and observations and
create an existing conditions diagram, as well as compile precedent imagery. One staff member will
attend the project kick off meeting.
Task 2: Charrette
Melendrez (one participant) will prepare for and attend the week-long charrette to provide
expertise regarding landscape and open space during individual stakeholder meetings and
throughout design, workshop sessions, and presentations. Melendrez will provide products
created/compiled in Task 1 (compiled and formatted by TGP) to support charrette.
Task 3: Provide Landscape and Open Space Recommendations
Melendrez will work with TGP to refine the landscape and open space plans and
recommendations developed during the charrette and will develop draft landscape and open
space plan proposals based on the preferred master plan alternative, in the form of an
overall street hierarchy key map, as well as supporting text, imagery, plans and section
views. It is anticipated that landscape standards will be provided addressing the following
street conditions:
• "Main Street — commercial center"
• "Main Street — east
• Mays Street
• Round Rock Blvd.
• Typical residential street 1
• Typical residential street 2
• Street creek frontage
Standards will address right of way and setback landscape conditions, as well as design
character including materials imagery addressing planting, paving, furnishing and lighting. A
conceptual level hierarchy, description and conceptual imagery and illustrations of public
open space to be provided within the Plan area will also be provided. TGP will incorporate the
standards into the Administrative Draft of the Master Plan.
Task 4: Revise Landscape Recommendations
Melendrez will assist TGP in making one round of revisions to the landscape and open space
materials included in the Master Plan Administrative Draft in response to City comments.
Meetings Assumed
Melendrez will participate in:
a) an initial kick-off meeting and site visit (one participant)
b) the week-long charrette (one Participant)
d) in—house team meetings in Los Angeles (up to four)
C. Fee Schedule
We propose to undertake this scope of work for a lump sum fee:
Fee Summary:
Task 1: Data Gathering and Analysis: $8,070
Task 2: Charrette: $8,920
Task 3: Provide Landscape and Open Space Recommendations: $34,990
Task 4: Revise Landscape Recommendations: $3,590
Notice: Landscape Architects are licensed by the State of California
Urban Design Group
Engineering
Fee: $24,920 + reimbursables ($1000)
Civil Engineering and Infrastructure Analysis
Task 1 UDG will review and analyze existing and proposed infrastructure systems within the
defined area of the Master Plan. This shall include street ROW and existing pavement, water,
wastewater, drainage facilities and dry utilities. Research will be performed using existing data and
standards as provided by the City of Round Rock records, records of other Utilities and GIS data. This
task assumes no new data will be collected other than possible visual inspections as required for
clarification. The goal of this task is to analyze existing and proposed future improvements in the
creation of a physical inventory. Work will summarized into a summary report development of base
map. This task also includes the project kickoff and site visit, meeting with City Staff.
Task 2 Charrette
UDG will prepare for and attend two days of the week-long charrette as needed to provide expertise
regarding civil engineering and infrastructure during individual stakeholder meetings and throughout
design, workshop sessions, and presentations. UDG will provide conceptual diagrams and visual aids
(compiled and formatted by TGP) as needed for charrette. Only one representative from UDG will
attend the Charette.
Task 3 Provide Infrastructure Recommendations
UDG will work with TGP to refine the recommendations developed during the charrette in terms of
their infrastructural implications and will develop a draft conceptual infrastructure plan and proposals
based on the preferred alternative for the Master Plan, in the form of a technical memo with text and
conceptual drawings. Water needs will be determined without preparing a detailed water model.
Information from this report will be incorporated into the team's Master Plan. The recommendations,
goals, policies presented will address the preliminary aspects of civil engineering and infrastructure in
the project area. Task will also include a preliminary phasing plan and preliminary cost estimates.
UDG will support the development of street section standards as necessary.
Task 4 Revise Infrastructure Recommendations
Consultant will assist TGP to revise the sections related to civil engineering and infrastructure in the
administrative draft as per the feed back from City.
Fee Summary:
Task 1: Data Gathering and Analysis $ 5,475
Task 2: Charrette $ 4,440
Task 3: Provide Infrastructure Recommendations $ 10,595
Task 4: Revise Infrastructure Recommendations $ 4,410
Limbacher Godfrey
Historic Preservation
Fee: $15,000
Task 1: Data Gathering and Analysis
Limbacher Godfrey will review and analyze the historical features of the area along with relevant
historical plans and policies. This task will include reviewing existing data and standards in and
around the area. This task assumes no new data will be collected, though a site visit will help
familiarize the team with on -the -ground conditions of the project area. Limbacher Godfrey will
attend the kick off meeting.
Task 2 Charrette
Limbacher Godfrey will prepare for and attend one day of the week-long charrette as needed to
provide expertise regarding historic preservation during individual stakeholder meetings and
throughout design, workshop sessions, and presentations. Limbacher Godfrey will provide diagrams
and visual aids (compiled and formatted by TGP) as needed for charrette.
Task 3 Provide Historic Preservation Recommendations
Limbacher Godfrey will work with TGP to refine the recommendations developed during the charrette
in terms of their historic preservation implications and will provide text and drawings/diagrams
regarding historic preservation recommendations, including land use assessment, implementation
tools, and preservation strategies to promote and maintain historic buildings downtown, which will be
incorporated into the team's Master Plan.
Meetings Assumed
Consultant will participate in:
a) kick-off meeting and site visit
b) one day of the week-long charrette
Fee Summary:
Task 1: Data Gathering and Analysis
Task 2: Charrette
Task 3: Provide Historic Preservation Recommendations
$ 1,500
$ 2,000
$ 11,500
BWM Group
Local Landscape Consultant
Fee: $15,000
Task 1: Data Gathering and Analysis
BWM Group will prepare for the charrette by identifying and developinga regional plant palette and
will review City's green space/park development standards, vision, and goals.
Task 2 Charrette and Preparation
BWM Group will prepare for and attend the week-long charrette as needed to provide expertise
regarding local landscape considerations. BWM will advise team as to local landscaping and
wayfinding considerations and help create the related vision, act as local liaison and perform other
services in preparation for the charrette as needed.
Task 3 Provide Final Master Plan support and act as Local Liasion as Needed
BWM will work with TGP and Melendrez to refine the recommendations developed during the
charrette in terms of local plant palettes, wayfinding standards, which would identify a hierarchical
system of signage through a series of guidelines/standards that identifies key areas, districts, entities
and/or destination points of interest throughout the downtown area. These findings will be
incorporated into the team's Master Plan. BWM may provide text or graphics for the drafts. BWM
will also act as local liaison and perform other post-charrette/Master Plan services as needed.
Meetings Assumed
Consultant will participate in:
a) kick-off meeting
b) participation in the charrette
Fee Summary:
Task 1: Data Gathering and Analysis
Task 2: Charrette
Task 3: Master Plan Support
$ 1,000
$ 7,500
$ 6,500
DATE: August 21, 2008
SUBJECT: City Council Meeting — August 28, 2008
ITEM: 9E1. Consider a resolution authorizing the Mayor to execute an agreement for
professional consulting services with Torti Gallas and Partners, Inc. for
the Downtown Redevelopment and Expansion Plan.
Department:
Staff Person:
Justification:
Administration
Will Hampton, Communication Director
City Council at its 2008 retreat established the redevelopment of the downtown area as one of
the City's top strategic priorities. In addition to land use and design, this planning process
includes an analysis of the economic opportunities, transportation and utility infrastructure
needs, and historic preservation issues associated with the redevelopment and expansion of
the downtown area.
Funding:
Cost: $488,500.00
Source of funds: General Fund (Self Financed Construction)
Outside Resources:
Torti Gallas and Partners, Economic Research Associates (ERA), Walter P. Moore Inc.,
Melendrez, Urban Design Group, Limbacher & Godfrey, BWM Group
Background Information:
The City hired Glatting Jackson in 2007 to develop a project scope of work to ensure we
included the appropriate topics in this sector development plan work.
Public Comment:
As part of the scoping process for this planning endeavor late last year, City staff and its
consultants held an intensive two-day series of focus groups, interviews, and a public meeting
with key stakeholders, technical experts, and members of the community.
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
DOWNTOWN REDEVELOPMENT AND EXPANSION PLAN
WITH TORTI GALLAS AND PARTNERS, INC.
THIS AGREEMENT for professional consulting services relating to planning of the City
of Round Rock's re -development and expansion of its downtown area (the "Agreement") is
made by and between the City of Round Rock, a Texas home -rule municipal corporation, with
offices located at 221 East Main Street, Round Rock, Texas 78664-5299, (the "City") and Torti
Gallas and Partners, Inc., with offices located at 523 West 6th Street, Suite 212, Los Angeles,
California 90014 (the "Consultant").
RECITALS:
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, City desires to contract for such professional services; 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 this Agreement has been signed by each
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 until full and satisfactory completion of the work
specified herein is achieved, but in no event later than twelve (12) months from the effective date
of this Agreement.
City reserves the right to review the Agreement at any time, including at the end of any
deliverable or phase or task, and may elect to terminate the Agreement with or without cause or
may elect to continue.
1.02 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant a total sum not to exceed Four Hundred Forty-two Thousand Three
Hundred and No/100 Dollars ($442,300.00), in payment for services and the Scope of Services
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deliverables as delineated in Exhibit "A" attached hereto and incorporated herein for all
purposes. This amount does not include expenses which otherwise are reimbursable under this
Agreement as delineated in Section 1.04.
1.03 SCOPE OF SERVICES
For purposes of this Agreement, Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is delineated in Exhibit "A" attached
hereto and incorporated herein for all purposes.
This Agreement shall evidence the entire understanding and agreement between the
parties and shall supersede any prior proposals, correspondence or discussions.
Consultant shall satisfactorily provide all services and deliverables described under the
referenced Scope of Services within the contract term specified in Section 1.01. 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 this Agreement and with the referenced Scope of Services.
Consultant shall perform its services in a professional and workmanlike manner.
Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A." However, either party may make written requests for changes to the Scope of
Services. To be effective, a change to the Scope of Services must be negotiated and agreed to in
all relevant details, and must be embodied in a valid Supplemental Agreement as described in
Section 1.05 hereof.
1.04 PAYMENT FOR SERVICES; REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
Consultant, City agrees to pay Consultant as follows:
Fees for the listed deliverables in the total amount of Four Hundred Forty-two Thousand
Three Hundred and No/100 Dollars ($442,300.00) shall be paid by City in the following manner:
To receive payment, Consultant shall prepare and submit detailed monthly invoices to
City for services rendered in correlation with Exhibit "A." If City has any dispute with services
performed, then City shall notify Consultant within thirty (30) days after receipt of invoice. In
the event of any dispute regarding the services performed, then and in that event Consultant shall
either (a) satisfactorily re -perform the disputed services or (b) provide City with an appropriate
credit.
Payment for Reimbursable Expenses: Reimbursable expenses authorized by City shall
be paid to Consultant at actual cost upon Consultant properly invoicing for same and providing
documentation for same. Such reimbursable expenses shall not exceed the total amount of
Forty-six Thousand Two Hundred and No/100 Dollars ($46,200.00).
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement to this Agreement, Consultant's total compensation for consulting
2
services hereunder shall not exceed Four Hundred Eighty-eight Thousand Five Hundred and
No/100 Dollars ($488,500.00). This amount represents the absolute limit of City's liability to
Consultant hereunder unless same shall be changed by additional Supplemental Agreement, and
City shall pay, strictly within the confines of the not -to -exceed sum recited herein, Consultant's
professional fees for work done on behalf of City.
Deductions: No deductions shall be made for 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.
1.05 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by City Manager, 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. 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 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment following delivery of all deliverables, Consultant shall
prepare and submit detailed monthly progress invoices to City, in accordance with the
delineation contained herein, for services rendered. Such invoices for professional services shall
track the referenced Scope of Services, and shall detail the services performed, along with
documentation for each service performed. Payment 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.
Should additional backup material be reasonably requested by City relative to service
deliverables, Consultant shall comply promptly. In this regard, should City reasonably
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 an invoice, City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 1.10 herein. Under no circumstances shall Consultant be entitled to
3
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.
1.07 REQUIRED DRAFT REPORT AND FINAL REPORT
Consultant agrees to provide City with a draft report and a detailed final written report,
together with all information gathered and materials developed during the course of the project.
Additionally, Consultant agrees to provide City any necessary oral presentations of such written
reports, at City's designation and at no additional cost to City.
Consultant agrees to provide City with ten (10) additional bound copies of the final
written report, with one (1) unbound copy being delivered which is suitable for City to make
additional copies at the sole election of City. All copies of the written final report will be on 8-
1/2" x 11" or 8-1/2" x 17" paper, will be primarily in black and white, will be spiral bound, and
will contain color pages, images, photos, and diagrams as necessary. Consultant shall also
deliver two (2) reproducible CDs to City, all at no additional cost to City.
1.08 LIMITATION TO SCOPE OF WORK
Consultant and City agree that the Scope of Services to be performed is enumerated in
Exhibit "A" herein, and may not be changed without the express written agreement of the
parties. Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
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 its budget for the fiscal year in question. City may effect such termination by
giving Consultant written notice of termination at the end of its then -current fiscal year.
1.10 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be
made by City to Consultant will be made within thirty (30) days of the date City receives goods
under this Agreement, the date the performance of the services under this Agreement are
completed or the date City receives a correct invoice for the goods or services, whichever is later.
Consultant may charge interest on an overdue payment at the "rate in effect" on September 1 of
the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas
Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to
payments made by City in the event:
4
(1)
There is a bona fide dispute between City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late; or
(2) There is a bona fide dispute between Consultant and a subcontractor or between a
subcontractor and its supplier about the goods delivered or the service performed
that causes the payment to be late;
(3)
The terms of a federal contract, grant, regulation, or statute prevent City from
making a timely payment with federal funds; or
(4) The invoice is not mailed to City in strict accordance with any instruction on the
purchase order relating to the payment.
1.11 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that City may terminate this
Agreement 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 being performed under
this Agreement shall cease. Consultant shall invoice City for work satisfactorily completed and
shall be compensated in accordance with the terms hereof for work accomplished and
reimbursable expenses incurred prior to the receipt of said notice of termination. Consultant
shall not be entitled to any lost or anticipated profits for work terminated under this Agreement.
Unless otherwise specified in this Agreement, all data, information, and work product related to
this project shall become the property of City upon termination of this Agreement, and shall be
promptly delivered to City in a reasonably organized form without restriction on future use,
provided City gives Consultant appropriate credit when Consultant's work product is used for
publicity or marketing purposes, and provided City assumes all liability arising from the use of
the work product for other projects or for uses on this project for which the work product was not
intended. Should City subsequently contract with a new consultant for continuation of service
on the project, Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
parties to fulfill contractual obligations. Termination under this section shall not relieve the
terminated party of any obligations or liabilities which occurred prior to termination.
Nothing contained in this section 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.
Default: City may terminate this Agreement, in whole or in part, for default if City
provides Consultant with written notice of such default and Consultant fails to cure such default
to the satisfaction of City within ten (10) business days of receipt of such notice (or a greater
time if permitted by City).
5
If Consultant defaults in performance of this Agreement and if City terminates this
Agreement for such default, then City shall give consideration to the actual costs incurred by
Consultant in performing the work to the date of default. The cost of the work that is useable to
City, the cost to City of employing another firm to complete the useable work, and other factors
will affect the value to City of the work performed at the time of default. Consultant shall not be
entitled to any lost or anticipated profits for work terminated for default hereunder.
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of City and the terminated party to fulfill contractual obligations. Termination under
this section shall not relieve the terminated party of any obligations or liabilities which occurred
prior to termination.
Nothing contained herein shall require City to pay for any work deemed unsatisfactory by
City, or which is not submitted in compliance with the terms hereof.
1.12 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not City's employee. Consultant's
employees or subcontractors are not City's employees. This Agreement does not create a
partnership, employer-employee, or joint venture relationship. No 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:
(1) Consultant has the right to perform services for others during the term hereof.
(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 services required
hereunder, and City shall not hire, supervise, or pay assistants to help Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(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 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
6
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
1.14 CITY'S RESPONSIBILITIES
Full information: City shall provide full information regarding project requirements.
City shall have the responsibility of providing Consultant, in a timely manner so as not to
unreasonably delay Consultant's work, with such documentation and information as is
reasonably required 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 directives provided by City or its designated
representative concerning provision of services.
Required materials: Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. City shall furnish information which
includes but is not limited to access to the property, preliminary information and/or data
regarding the site and surrounding property (if applicable), pertinent correspondence with other
local municipal and planning officials, previous market analyses or feasibility studies, and other
pertinent information. Consultant agrees, within ten (10) days of the effective date of this
Agreement, and thereafter as the need arises, to provide City with a comprehensive and detailed
information request list.
1.15 CONFIDENTIALITY; AND MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by City for use by Consultant in
connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that City is subject to the Texas Public Information
Act and its duties run in accordance therewith.
All data relating specifically to City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
7
Information." Each party shall use Confidential Information of the other party only in
furtherance of the purposes of this Agreement and shall not disclose such Confidential
Information to any third party without the other party's prior written consent, which consent
shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the
confidentiality of the other party's Confidential Information and to advise their employees and
others working on behalf of the party of the confidential nature of the Confidential Information
and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (including
governmental agencies) without restriction; (3) is independently developed by the recipient
without any reliance on Confidential Information; or (4) is or later becomes publicly available
without violation of this Agreement or may be lawfully obtained by a party from any non-party.
Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information
of the other to a third party as may be required by law, statute, rule or regulation, including a
subpoena or other similar form of process, provided that (without breaching any legal or
regulatory requirement) the party to whom the request is made provides the other party with
prompt written notice and allows the other party to seek a restraining order or other appropriate
relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein
shall preclude or limit Consultant from providing similar services for other clients.
Neither City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential Information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
City and delivered to City under the terms of this Agreement (the "Deliverables"); and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to
Consultant. City shall have a non-exclusive, non -transferable license to use Consultant's
Confidential Information for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
1.16 WARRANTIES
Consultant shall perform all services hereunder consistent with generally prevailing
professional or industry standards, and in a professional and workmanlike manner. Consultant
shall re -perform any work not in compliance with this standard ("Standard of Care").
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1.17 LIMITATION OF LIABILITY
Should any of Consultant's services not conform to the requirements of this Agreement,
then and in that event City shall give written notification to Consultant; thereafter, (a) Consultant
shall either promptly re -perform such services to the requirements of this Agreement at no
additional charge, or (b) if such deficient services cannot be cured within the cure period set
forth herein in Section 1.11, then this Agreement may be terminated for default.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by City, its directors, employees or agents.
In no event shall Consultant be liable to City, by reason of any act or omission relating to
the services provided under this Agreement (including the negligence of Consultant), whether a
claim be in tort, contract or otherwise, (a) for any consequential, indirect, lost profit, punitive,
special or similar damages relating to or arising from the services, or (b) in any event, in the
aggregate, for any amount in excess of the total professional fees paid by City to Consultant
under this Agreement, except to the extent determined to have resulted from Consultant's gross
negligence, willful misconduct or fraudulent acts relating to the service provided hereunder, or
(c) for any damages not resulting solely from Consultant's negligent acts or omissions.
1.18 INDEMNIFICATION
Consultant and City each agree to indemnify and hold harmless the other from and
against any and all amounts payable under any judgment, verdict, court order or settlement for
death or bodily injury or the damage to or loss or destruction of any real or tangible personal
property to the extent arising out of the indemnitor's negligence in the performance of this
Agreement.
Consultant agrees to indemnify and hold harmless City from and against any and all
amounts payable under any judgment, verdict, court order or settlement for Third Party claims of
infringement of any trade secrets, copyrights, trademarks or trade names arising from the
deliverables provided by Consultant to City in connection with the performance of this
Agreement. Should City's use of such deliverables be determined to have infringed, Consultant
may, at its option: (i) procure for City the right to continue using such deliverables provided or
(ii) replace or modify them to make their use non -infringing while yielding substantially
equivalent results. If neither of the above options are or would be available on a basis that is
commercially reasonable, then Consultant may terminate this Agreement, City shall return such
deliverables provided, and Consultant will refund to City the fees paid for the deliverables
provided. City shall, however, remain responsible to compensate Consultant for services
satisfactorily provided, and the responsibilities of both parties shall continue to be in force on
portions of the project not affected by the infringement. This infringement indemnity does not
cover claims arising from the combination of such deliverables with products or services not
provided by Consultant; the modification of such deliverables by any person other than
Consultant; deliverables complying with or based upon (1) designs provided by or at the
9
direction of City or (2) specifications or other information provided by or at the direction of City;
or use of systems, materials or work performed in a manner not permitted hereunder or by
another obligation of City to Consultant.
The indemnities in this section are contingent upon: (1) the indemnified party promptly
notifying the indemnifying party in writing of any claim which gives rise to a claim for
indemnification hereunder; (2) the indemnifying party being allowed to participate in the defense
and settlement of such claim; and (3) the indemnified party cooperating with all reasonable
requests of the indemnifying party (at the indemnifying party's expense) in the indemnified
party's preparation for defending or settling a claim. The indemnified party shall have the right,
at its option and expense, to participate in the defense of any suit or proceeding through counsel
of its own choosing.
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 may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
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 its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is a non-profit corporation and not subject to State of Texas
Sales and Use Tax.
1.21 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.
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
10
required provisions and additional policy conditions as shown below. As an alternative,
Consultant may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Consultant's certificate of insurance shall note in such
event that the subconsultants are included as additional insureds.
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 require the same from 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,
non -renewal or any material change in coverage, except for ten (10) days' notice in
the event of cancellation due to non-payment of premiums, and a notice thereof
shall be given to the 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 one (1) business day 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 "the City" or "the City of Round Rock" shall include all authorities, boards,
commissions, departments, and officers of the 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.
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 City.
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1.22 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
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,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to City at the expiration of the term of this Agreement.
1.23 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 under this
Agreement.
1.24 DESIGNATION OF REPRESENTATIVES
City hereby designates the following representative authorized to act in its behalf with
regard to this Agreement:
Will Hampton
Communications Director
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
(512) 218-5409
whampton@round-rock.tx.us
Consultant hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Neal I. Payton, AIA, LEED-AP
Torti Gallas and Partners, Inc.
523 West 6th Street, Suite 212
Los Angeles, California 90014
(213) 607-0053
npayton@tortigallas.com
1.25 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 herein; or
12
(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:
Neal I. Payton
Torti Gallas and Partners, Inc.
523 West 6th Street, Suite 212
Los Angeles, CA 90014
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of City and Consultant.
1.26 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions
herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
1.27 EXCLUSIVE AGREEMENT
The terms and conditions of this Agreement, including exhibits, constitute the entire
agreement between the parties and supersede all previous communications, representations, and
agreements, either written or oral, with respect to the subject matter hereof. The parties
understand and expressly agree that, in the event of any conflict between the terms of this
Agreement and any other writing, this Agreement shall prevail. No modifications of this
Agreement will be binding on any of the parties unless acknowledged in writing by the duly
authorized governing body or representative for each party.
1.28 DISPUTE RESOLUTION
If a dispute arises under this Agreement, the parties agree to first try to resolve the
dispute with the help of a mutually selected mediator. If the parties cannot agree on a mediator,
City shall select one mediator and Consultant shall select one mediator and those two mediators
13
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.
1.29 FORCE MAJEURE
Notwithstanding any other provisions of this Agreement to the contrary, no failure, delay
or default in performance of any obligation hereunder shall constitute an event of default or a
breach of this Agreement, only to the extent that such failure to perform, delay or default arises
out of causes beyond control and without the fault or negligence of the party otherwise
chargeable with failure, delay or default; including but not limited to acts of God, acts of public
enemy, civil war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Consultant shall not be deemed to be in default of its obligations to City if its failure to
perform or its substantial delay in performance is due to City's failure to timely provide
requested information, data, documentation, or other material necessary for Consultant to
perform its obligations hereunder.
1.30 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion of 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 of
provision held to be void. The parties further agree to amend this Agreement 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 Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
1.31 STANDARD OF CARE
Consultant represents that it is trained, experienced and competent to perform all of the
services, responsibilities and duties specified herein and that such services, responsibilities and
duties shall be performed, whether by Consultant or designated subconsultants, in a manner
according to the standards generally followed by design professionals working on similar
projects in the same geographical area.
1.32 GENERAL AND MISCELLANEOUS
The section numbers and headings contained herein are provided for convenience only
and shall have no substantive effect on construction of this Agreement.
14
No delay or omission by either party in exercising any right or power shall impair such
right or power or be construed to be a waiver. A waiver by either party of any of the covenants
to be performed by the other or any breach thereof shall not be construed to be a waiver of any
succeeding breach or of any other covenant. No waiver of discharge shall be valid unless in
writing and signed by an authorized representative of the party against whom such waiver or
discharge is sought to be enforced.
This Agreement may be executed in multiple counterparts, which taken together shall be
considered one original. City agrees to provide Consultant with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Rou Rock, Texas
By: 171'
Printed Name: Peihrl M v w
Title: MGIA��
Date Signed:
Attest:
By:
)0046* moi, 2.00P
Sara 1 White, City Secretary
For City,
By:
Torti
roved as to ' orm:
Steph• L. Sheets, City Attorney
alla
and
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By: / ►
Printe. ame:
Title: .i/hC%c •F L.
Date Signed: S / 144
03
15
Memorandum
To: Will Hampton
City of Round Rock
From: Neal Payton
Torti Gallas and Partners, Inc.
Date: August 12, 2008
Subject: Revised Scope of Work and Fee for Downtown Round Rock Master Pian
Summary of Team and Fee
Team Member
Contribution
Fee
Reimbursables
Included? Y/N
Torti Gallas and Partners
Urban design, consensus-
based planning, and
project management
$201,410
n (estimate=$30,200)
ERA
Marketing, Economic and
Fiscal
$66,000
y (estimate= $4,400)
Walter P Moore
Transportation and
Circulation
$68,800
n (estimate=$5,000)
Melendrez
Landscape and Open
Space
$55,570
n (estimate=$5,600)
Urban Design Group
Civil Engineering and
Infrastructure
$24,920
n (estimate=$1,000)
Limbacher and Godfrey
Historic Preservation
Consulting
$15,000
y
BWM Group
Local Landscape
Consultant
$15,000
y
SUB TOTAL: $446,700
TOTAL: $488,500
Scopes of Work for Downtown Master Plan by Team Member
Urban Design, Proiect Management, Community Design
Torti Gallas and Partners
Fee: $201,410 + reimbursables
+approx: $41,800
Our approach to this master planning work begins with site analysis and interactive community
visioning, and ends in a larger gesture of a definitive Master Plan and form based code. The goal of
our entire effort is to create a series of practical yet forward -thinking strategies to guide the future
development and growth of the Downtown area. We recognize that the Plan must at the same time
be environmentally responsible, respectful of the existing landscape and built environment, financially
feasible, and visionary.
Essentials of Our Work Plan and Approach
Project Initiation
The Consultant Team will initiate its consultancy by meeting with the Client and the stakeholders that
the City identifies as essential to the success of the project. Based upon dialogue, refinements can
be made to the work program and project schedule. Out of this will come the identification of key
development issues and challenges and a preliminary "vision" of the project area that can guide the
planning process.
Identifying Issues and Opportunities and Initiating the Public Involvement Strategy
This step involves documentation and refinement of the issues, including the overall goals and
concerns of the City; the physical opportunities and constraints of the study area and its context; and
the market dynamics of the area and programmatic objectives. Tort Gallas will oversee the
subconsultant studies, which will be launched in this Step. Critical to the work program will be the
preparation of a composite design opportunities and constraints map using the information gathered.
The Design Charrette and Exploring Concept Alternatives
The charrette is the 'heart' of our approach. The charrette entails an iterative process of design
proposition, testing and refinement with public involvement, resulting in the identification of an
optimal urban design concept and subsequent coding mechanism for downtown. The design
charrette focuses production into an intensive and interactive series of sessions, presentations, and
meetings that includes City Staff, stakeholders, and our team. Alternative downtown design concepts
will be explored and evaluated in terms of their effectiveness in achieving project goals, capitalizing
on the special opportunities of the area and resolving potential problems. The skeletal coding
framework will also be established during this step.
Setting the Design Framework
With the completion of the public workshop, we will return to our offices to develop a refined version
of the Master Plan and code. The draft Plan will consolidate the group's urban design vision, the
City's market expertise and financial requirements, and our expertise in city and neighborhood
design. The culmination of this post-charrette period will be represented in the first draft of the
downtown Master Development Plan with an outline for its implementation. The code we will create
identifies the elements that create the desired quality of place and establishes criteria for these
central ingredients.
Public Hearings, Refinement, and Master Plan Publication
Ensuring broad acceptance, awareness and understanding of the Plan is just as important as creating
the Master Plan itself. The document must be integrated into the Planning processes in the City and
accessible to all community members who may benefit from it.
The following outlines our proposed Work Plan:
Step One: Project Initiation
Task 1,1; Contextual Analysis and Development of Issues and Opportunities
In this Task, we will gather and review all relevant data, reports, maps and other baseline
information essential to conducting the vision and strategic plan. This may include, but is not limited
to:
• GIS data and aerial photography
• Information compiled by City Staff regarding development projects, cultural and
neighborhood histories and resources
• Status, content, and recommendations of any ongoing or relevant studies and plans
• Preliminary list of stakeholders
We would recommend receipt of all available data at least two weeks prior to the scheduled
orientation meeting for adequate time for distribution and absorption by the Torti Gallas Team.
During Task 1.1, our team will perform research to define planning issues and desires, and identify
the strengths, weaknesses, constraints, and opportunities for the project areas. No new data to be
gathered during this Task. Our assessment during this Task includes a physical inventory,
demographic analysis, and a land utilization assessment.
Time Required: Two Months
Deliverables: Context diagrams, draft technical memorandum
Task 1.2: Orientation Meeting & Site Visit
The Torti Gallas Team will organize an orientation meeting with the City Team. The kick-off meeting
will serve as a way to make sure all the participants in the study understand the schedule,
expectations and products that will be prepared for each task, workshops, and charrette. We will
discuss the means for acquiring any remaining data as identified by the Torti Gallas Team and revise
the matrix of available background data for re -distribution to the Team.
During this task, the public involvement strategy will be formed through consensus between the
consultant and City teams. A site visit will begin our assessment and analysis process. We will
document the area with photos and analytical diagrams (e.g. opportunities and constraints map,
linkages, green space, etc.) Torti Gallas assumes one day of one-on-one initial stakeholder meetings
with individuals identified by the City (e.g. landowners, business owners, developers, staff members,
elected officials, etc).
Time Required: Two days plus prep time and follow-up
Deliverables: Refined schedule, meeting minutes, details of each task and workshop
and community outreach program.
Step 2: Community Outreach and the Charrette
We recognize that crafting master design plans is often controversial. Education, teamwork and a
shared sense of authorship among many stakeholders are the keys to moving forward with any such
plan. For this reason, our approach to this project is based around community outreach and
consensus -based planning. Public participation will be an integral part of the overall project. Our
team will work with the City to develop a public involvement strategy to engage participation at all
levels. We will guide you through the steps necessary to prepare for the charrette and to prepare
your public outreach strategy and community outreach coordination.
Task 2.1: The Design Charrette
Our charrette events are like a combination of an on -location design studio and old-fashioned town
meeting. The charrette focuses community input over a short period of time, through the hands-on
effort of people representing the full spectrum of interests. The approach is inclusive and designed
to build consensus from the outset. It's been our experience that through these charrettes,
participants come to care more about the plan— they see their ideas as they are refined and they
become part of a synthesized vision. We cannot overemphasize the educational value of this
approach either. Citizens become familiar with the tools of good urban design and gain an
appreciation of the importance of Tong -range thinking.
Here's how the five day charrette would likely work:
The Torti Gallas Team will set up our design studio within the study area. We will begin the effort
with a visual presentation, open to the public, designed to create a clearer understanding and
awareness of the issues related to vision planning and Round Rock itself. Above all, the purpose of
these "kick-off" meetings is to share ideas. The Team will discuss their understanding of the site in
question with the community, and the community will be asked to share their goals for the
development of their neighborhood. Finally, we'll show a variety of examples of precedents for
similar visioning project or corridor plans, provide background information, and review the area's
urban history as food for thought.
After the kick-off meeting, we will begin to apply the feedback received and will conduct interviews
and closed door meetings with the key stakeholders, and land owners, as well as other outside
experts, technical managers from relevant local and regional agencies as necessary. Outside of this
closed door effort, the entire process is open to the public for informal drop -ins as well as organized
feedback sessions to review the work in progress. Hands-on design sessions will be programmed
through out the charrettes where participants will work in groups led by leaders from our Team to
define visions, opportunities, desires, ideas, and concerns about the project area.
Depending on the context, graphic tools may include computer -simulated streetscapes, aerial
triptychs and/or ground level perspective renderings. Most important is the hands-on aspect of the
process. This is not a passive process for participants, but an active one. They will be encouraged to
pick-up a pencil and draw, or alternatively, allow the design team to draw as they describe their
vision. Feedback in the process comes quickly as the goals are explored, options and scenarios are
tested for workability, and existing conditions are ground -checked.
At the end of the charrette, we will gather feedback at a closing presentation of a series of
conceptual land use vision schemes.
Time Required: Public outreach campaign is on going. Five day charrette
Deliverables: Charrette presentation materials and diagrams, 1 to 2 hand rendering(s) during
charrette.
Step Three: Refining the Preferred Scheme
Based upon the findings of the charrette and feedback from the City and from participating
stakeholders, one to three preferred alternative vision(s) will be chosen from the visions presented at
the end of the charrettes, which we will work to redraft and from which we will craft the Master Plan
and Code. This Step is predicated on the close communication between the Consultant team and the
City. Task 3.1 includes choosing the preferred alternative vision(s) and Task 3.2 includes refining the
vision(s).
Time Required: Two Months
Deliverables: Preferred design Vision Plan(s)
Step Four: Crafting the Master Plan and Form -Based Code
Once the final concept plan(s) have been chosen for the study areas, our team will develop a refined
Master Plan that integrates findings and recommendations from the economic and transportation
analyses. The Master Plan will be both visionary and market-based and will be presented through a
series of illustrative graphics, photos, renderings, and corresponding text. Catalytic project /
strategic vision areas will be accompanied by an infrastructure needs assessment and capital plan.
The Plan may include the following:
• Vision Statement
• Planning analysis/History
• Description of the planning process
• Master Plan, which among other things include:
Rights of Ways
Catalytic Project Sites and Potentials
Green/Open Spaces
• Form Based Code. Based upon the market analysis, and public charrette process, we will
develop a refined program of land uses, including civic and cultural uses. This will include
not only a determination of the depth and timing of demand, but also an assessment of
the overall viability of the plan from a market perspective — in particular, the compatibility
and timing of programmed land uses. It is important that the Master Plan and Form Based
Code are flexible enough to adapt to changing circumstances, but also clear enough to
ensure their relevance for years to come. Torti Gallas will craft the code and work with the
City to determine the appropriate regulatory framework from which to implement (e.g. a
zoning overlay). The Code may include:
An overview including principles, intent, and definitions
Regulating Plan with urban design zones
Permitted uses
Preliminary density and intensity standards
Circulation Plan
Urban design guidelines (including building form standards)
Public Space and Street Standards
• Comprehensive phasing and implementation schedule merging all recommendations
Our approach to development of the Master Plan and Form Based Code avoids technical jargon and
has a heavy graphic orientation and "out of the box" problem -specific approach. In many contexts,
the technical jargon of zoning and development regulation presents a significant obstacle to public
understanding of what regulatory parameters mean. The use of plain language and the generous
use of graphics and illustrative diagrams to explain relatively complex terms should be the norm.
Translating the community vision into clear design recommendations is a key component to
successfully completing the project scope.
The Consultant Team will present the draft Master Plan to the community members in a public
meeting and will then integrate feedback from this meeting and from a City review, into a final Plan.
Obtaining feedback from all the involved and necessary parties is an important component of a
complete Plan. Discussions between our team and City staff will be made as needed to refine the
document during this Task.
Time Estimated.Three months
Deliverables: Rough draft and final draft of Master Plan and Form Based Code, including phasing
and implementation schedule
Step Five: Public Meeting to Present Final Plan and Form Based Code
This final step includes meetings where the consultant team will join City staff to present the Master
Plan to the Planning Commission, City Council and other key constituencies. This will give us time to
discuss the intricacies of the Plan and to discuss directions for future planning and development
efforts.
Time Estimated: One to Two months. Up to two meetings as required by City
De/iverab/es: Presentation materials, outlines
Fee Summary:
Step 1 Project Initiation: $58,890
Step 2 Community Outreach and the Charrette: $36,800
Step 3 Refine the Preferred Scheme: $33,248
Step 4 Crafting the Master Plan and Code: $68,835
Step 5 Public Meetings to Present Final Plan: $3,640
Economic and Market Analysis
ERA
Fee: $66,000
ERA will provide a full demand analysis of residential (both market rate and affordable/workforce) in
various formats, commercial office space and potential retail space for the Downtown Master plan
study area as well as the expanded 'area of influence.' ERA will perform an overview analysis, which
will provide direction to the City and the planning team as to whether a branded, or other specialty
lodging property makes sense for downtown Round Rock. The results of this analysis will document
(along with the market overview for hotel/lodging) a recommended development program for these
uses as a basis for the charrette. Following the charrette and any comments/suggestions/changes
resulting from public input and client review, ERA will recommend market positioning and
implementation steps, including development management procedures, suggested policy changes
(such as zoning amendments and incentives) and suggested potential funding strategies for
downtown development. The implementation and funding strategies will be based both on our
knowledge of what has worked in Texas, as well as selected relevant examples of successful
programs and approaches from other downtown areas around the country.
Task 1: Project Initiation Meeting and Site Visit
Under Task 1, ERA staff will work with Torti Gallas and the client to schedule and complete a project
initiation meeting and site visit to Round Rock and will provide the following:
• Participate in Project Initiation Meeting and site visit
• Prepare data request list for the City of Round Rock for submittal and discussion at project
initiation meeting to determine what data, retail inventories, site and area mapping, long-
term planning objectives and other information might be available
• Confirm the Round Rock project's market, economic and financial objectives, requirements,
implementation schedule and timing of major tasks and public outreach and overall
Downtown Master Plan goals
• Confirm all deliverables, meetings and project schedule items with Torti Gallas Consultant
Team and the Client
Product: Participation in Kick-off meeting, prepare and submit available data request list to the
City of Round Rock and Torti Gallas
Task 2: Stakeholder Meetings
ERA will participate in up to two person -days of stakeholder meetings, workshops and/or conference
calls; to address project cost concerns, ERA's budget and time allocation for this task assume that
onsite stakeholder meetings will be scheduled by the client and will occur on successive days. These
days may also be scheduled as part of the project initiation meeting trip to Round Rock.
Product: Participation in two person -days of stakeholder meetings and discussions
Task 3: Market and Demand Analysis
Task 3 will comprise the greatest level of effort for ERA in the Master Planning process, and will
include detailed market demand analyses of three uses in the downtown area (residential,
office/commercial and retail). In addition, ERA will conduct a market overview of lodging
opportunities that may be compatible with the Downtown Master Plan. Components included in the
detailed market analyses are described below.
• Residential—Single Family, multi -family, mixed-use, market -rate, affordable and
workforce housing demand will be analyzed based on existing or potential product types,
past trends and values and projected over an appropriate portion of the Master Plan
implementation period
• Office— Component of mixed-use, stand alone, special purpose and/or niche use office
space; both the office and residential demand analyses will consider the future effect of
Transit Oriented Development (TOD) on the downtown area, assuming that a TOD
station location can be identified relative to the study area boundaries and Master Plan
implications.
• Retail— Based on the findings of the previous uses (plus the market overview of lodging
described below), ERA will analyze supportable retail demand by category in downtown
Round Rock, including food & beverage, specialty and convenience retail, consumer
services that reinforce the planning objectives of the Master Plan (walkable pedestrian
environments, 'Park once' facilities, activation of streetscapes, redevelopment/infill and
new development sites and transportation/TOD, as applicable. If a detailed inventory of
existing retail uses in downtown Round Rock is not available, ERA will provide comments
on the qualitative aspects of the existing mix. If the client wishes for ERA to complete a
detailed retail inventory, this would be considered an additional service beyond the
budget of this proposal.
Product: Preparation and presentation of a comprehensive market analysis report detailing
research and findings and the recommended development program over time. Detailed market
demand analysis of these three uses corresponding to general market conditions, new opportunities
provided by the Master Plan, the presence of major corporate and/or institutional uses, and induced
market support that might be attracted by a more cohesive and complete downtown area.
• Lodging and Tourism Market Overview— ERA will provide an overview of
documented business visitor and tourist volumes in Round Rock and potential support
from these segments for additional or differentiated lodging/hotel use(s) in downtown
Round Rock.
Product: Market overview text and supporting data summarizing the market trends for
downtown lodging as part of the Master Plan. The market overview format will not address financial
feasibility for the lodging category.
Task 4: Review and Comments on Planning Scenarios
ERA will review and comment as appropriate with the consulting team on planning scenarios
developed as part of the Downtown Master Plan, describing key locations and co -tenancies,
opportunities for mixed-use development, phasing and staging and market synergy between/among
land uses (including residential, commercial, government and institutional uses). ERA will offer
market- and financially -based suggestions regarding planning concepts as they relate to the
recommended development program for residential, office/commercial and retail uses and market-
based directions for likely lodging uses.
Product: Participation in a design workshop meeting and/or conference calls regarding the
conceptual master plan and provision of comments and suggestions to Torti Gallas and Partners and
the City of Round Rock. ERA will attend two days of the charrette.
Task 5: Development Strategy and Implementation Recommendations
Working in coordination with the Torti Gallas Team and the City of Round Rock, ERA will provide
recommendations for an overall development strategy for the Downtown Master Plan, including:
• Analysis of overall feasibility for the residential, office/commercial and retail components of
the recommended planning and development program as part of the Master Plan, as well as
an overview of the lodging market;
• Recommend phasing and critical synergistic relationships between land uses and densities
provided
• Identify public/private partnership opportunities
• Suggest public financing mechanisms that may be required to leverage or induce particular
development components — historic tax credits, New Market Tax Credits, transit/TEXDOT
contributions, dedicated Capital Improvement Program (CIP) funding for infrastructure and
public -realm improvements; Tax Increment Finance (TIF)/Tax Increment Revitalization Zones
(TIRZ), Business Improvement Districts (BID's), Public Improvement Districts (PID's) or other
approaches.
• Identify up to five catalyst projects that will have transformative or influential effects on
downtown improvements including infill development, redevelopment sites, linkage
opportunities, etc.
• Work with the Torti Gallas Team to develop a realistic development phasing schedule for the
Master Plan from an economic/market/financial standpoint
• Recommend marketing/branding program necessary to promote downtown redevelopment
and expansion
Product: Report and presentation of the market and financial aspects of implementation
recommendations, descriptions of recommended financial incentives and programs appropriate for
the Downtown Master Plan, and contribute to development of a realistic implementation schedule as
part of the Torti Gallas Master Plan presentation and report.
Fee Summary:
Task 1 Project Initiation Meeting and Site Visit
Task 2 Stakeholder Meetings
Task 3 Market and Demand Analysis
Task 4 Review and Comments on Planning Scenarios
Task 5 Development Strategy and Implementation Recommendations
$ 5,500
$ 3,500
$38,000
$ 4,000
$15,000
* Total includes reimbursable expenses estimated at $4,400 and based on four person -trips.
Reimbursable expenses will be billed as accrued; should additional reimbursable costs beyond $4,400
be required by request of the City or Torti Gallas, additional costs will be noted and billed as accrued
after prior written approval of the client or prime consultant.
Walter P. Moore
Traffic and Circulation Consultants
Fee: $68,800 + reimbursables
The work by Walter P. Moore will be led by Gary Schatz, who will serve as project manager for all
traffic engineering tasks. He will also be the traffic engineering representative for all meetings,
presentations, charrette, and work sessions. He will be directly involved and committed to the
development of transportation planning and engineering concepts and strategies. Barring
circumstances which preclude his immediate presence, we do not intend to use substitute personnel
for his role on this project. City permission is needed to use substitute personnel for Gary Schatz.
The following scope items will be completed for the base study area.
TASK 1: PROJECT MANAGEMENT, COORDINATION, AND COMMUNICATION
A. TRAFFIC ENGINEER will provide project management for transportation related tasks.
B. TRAFFIC ENGINEER will participate in meetings with the Architect, Project Team and the City
of Round Rock to provide a coordinated effort on the project.
C. TRAFFIC ENGINEER will provide invoices and progress reports on a monthly basis.
TASK 2: PUBLIC INVOLVEMENT STRATEGY
A. TRAFFIC ENGINEER will participate with Project Team to development a public involvement
strategy focusing on input from the community on transportation issues.
B. TRAFFIC ENGINEER will participate in charrette with stakeholders, the Project Team, and the
City of Round Rock.
TASK 3: ONTEXTUAL ANALYSIS AND DEVELOPMENT OF ISSUES AND OPPORTUNITIES
3.1 Physical Inventory
A. TRAFFIC ENGINEER will review traffic volume data collected by the City of Round Rock for
use in the traffic analysis.
B. TRAFFIC ENGINEER will observe and document existing traffic operations during peak
periods along roadways within the study area. These observations will consider the needs of
all roadway users -bicyclists, pedestrians, transit riders, and motorists.
C. TRAFFIC ENGINEER will compile relevant information regarding previous transportation
master plans, capital improvement projects, and other planning information which could
impact the study area.
3.3 Transportation Assessment
A. TRAFFIC ENGINEER will develop a traffic network simulation model of the study area using
Synchro 7.0for existing conditions. Data provided by the City of Round Rock will be utilized
in the model. The AM and PM peak periods will be included in the model.
B. TRAFFIC ENGINEER will identify existing functionality gaps or operational concerns within the
transportation system considering the needs of all roadway users — bicyclists, pedestrians,
transit riders and motorists.
C. TRAFFIC ENGINEER will develop recommendations to address the identified transportation
issues.
D. TRAFFIC ENGINEER will perform alternatives analysis of the traffic network simulation model
for one alternative network scenario based on existing traffic volumes. The scenario will
include the AM and PM peak periods. The development and analysis of additional scenarios
is considered additional services and will be performed on a time and materials basis. Site
specific trip generation is not included in the scope of work. Trip distribution will occur on a
macro level to assess the potential impacts identified during the alternatives analysis.
3.6 Documentation (Community Analysis)
A. TRAFFIC ENGINEER will work collaboratively with the Project Team to develop systematic
options to the documented transportation issues.
B. TRAFFIC ENGINEER will develop conceptual designs of roadway and intersection features.
These designs will be provided to other team members for development of visual materials
for reports or community outreach.
C. TRAFFIC ENGINEER will utilize AutoTURN software in determining safe access and adequate
circulation for vehicles. Expected movements of vehicles will be analyzed to reflect the
maximum size of a vehicle that can be accommodated.
D. TRAFFIC ENGINEER wilt prepare a draft technical memorandum in a format defined by the
Project Team addressing the items of work included in this proposal. It is assumed the
Architect will be responsible for the reproduction and publication of the draft technical
memorandum.
E. TRAFFIC ENGINEER will prepare a final technical memorandum in a format defined by the
Project Team addressing the items of work included in this proposal and any review
comments received. It is assumed the Architect will be responsible for the reproduction and
publication of the final technical memorandum.
F. TRAFFIC ENGINEER will prepare for and participate in phone conferences or meetings with
the Project Team, City of Round Rock, CAMPO, TxDOT, or community stakeholders.
TASK 4: MASTER PLAN
A. TRAFFIC ENGINEER will develop transportation aspects of the urban districts designs
prepared by the Architect. The transportation recommendations will include such
considerations as ingress and egress locations for efficient and safe traffic movements,
parking locations, loading/unloading areas, service vehicle needs, and pedestrian
accessibility.
B. TRAFFIC ENGINEER will develop an overall transportation circulation plan identifying routes
for bicycles, pedestrians, transit vehicles, and motorists. These plans will be provided to
other team members for development of visual materials for reports or community outreach.
C. TRAFFIC ENGINEER will develop sketches of proposed transportation improvements based on
findings under Task 3.0.
D. TRAFFIC ENGINEER will develop proposed cross-sections for key streets that may include
Mays Street, McNeil Road, Main Street, Round Rock Avenue, and Georgetown Street.
E. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for conceptual
street plans on transportation items including vehicle lane configurations, bicycle facilities,
and pedestrian facilities.
F. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for the urban
design guidelines. This input will include a combination of schematic graphics and narratives.
G. TRAFFIC ENGINEER will provide input to the Architect, the Project Team and the City of
Round Rock relative to public investment projects related to transportation.
H. TRAFFIC ENGINEER will develop an implementation schedule for transportation
improvements in the City of Round Rock based on the analysis under Task 3.0.
I. TRAFFIC ENGINEER will provide input to the Architect and the Project Team for public space
opportunities and the relationship to transportation facilities.
TASK 5: DESIGN PARAMETERS FOR THE FORM -BASED CODE
A. TRAFFIC ENGINEER will provide input to the Architect and Project Team to help develop
definitions, principles, and intent for the transportation component of the proposed City of
Round Rock code of regulations.
B. TRAFFIC ENGINEER will assist the Architect and the Project Team in developing a regulating
plan in the form of a schematic representation for the transportation components of the
proposed City of Round Rock code of regulations. This may include such things as cross-
sections of typical roadways, intersection design options, and minimum designs for
pedestrian, bicycle, and transit areas.
C. TRAFFIC ENGINEER will assist the Architect and the Project Team in developing public space
and street standards for the City of Round Rock. These will include but not be limited to
designs for sidewalks, vehicle travel lane widths, parking, and roadway/intersection
geometry.
D. TRAFFIC ENGINEER will provide input to the Architect and the Project Team in their
preparation of design parameters for a new form -based code. Deliverables may include
schematic drawings and narratives.
TASK 6: INFRASTRUCTURE NEEDS ASSESSMENT AND CAPITAL PLAN
A. TRAFFIC ENGINEER will work with the Architect and the Project Team to develop a short-
range (5 -year) and long-range (25 -year) plan for the City of Round Rock. These plans will
include an infrastructure needs assessment and capital facilities plan.
B. TRAFFIC ENGINEER will identify transportation needs for the City of Round Rock in both 5 -
years and in 25 -years based on the analysis of the transportation system. Recommended
projects for the short-range and long-range plans may not include specific projects, but may
include prototype projects based on the results of the master plan. The transportation
recommendations will be included in the overall plan developed by the Architect and the
Project Team.
C. TRAFFIC ENGINEER will identify the current capacity of the transportation system and
determine future capacity needs for downtown Round Rock.
D. TRAFFIC ENGINEER will prepare preliminary cost estimates for the transportation
improvement projects recommended for the short-range and Tong -range plans.
Fee Summary:
Task 1: Project Management $4,300
Task 2: Public Involvement Strategy $8,800
Task 3: Contextual Analysis $47,900
Task 4: Master Plan $2,600
Task 5: Design Parameters $2,100
Task 6: Infrastructure Needs Assessment $3,100
Melendrez
Landscape Consultant
Fee: $55,570 + reimbursables
The project encompasses a design charrette, master plan, and design standards for the City of Round
Rock Downtown. The Downtown area is understood to encompass roughly 90 acres.
Task 1: Data Gathering and Analysis
Melendrez will review and analyze existing and proposed streets, landscape and open space features
in the area. This task will include reviewing existing data and planning standards (no new data will be
collected) provided by the City of Round Rock that may include:
• GIS data and aerial photography
• Information compiled by City Staff regarding proposed landscape projects
• Landscape standards, codes, related general plan elements
• Status, content, and recommendations of any ongoing or relevant studies
A site visit (as part of the kick-off meeting with the team) will help familiarize the team with on -the -
ground conditions of the project area. Melendrez will compile relevant data and observations and
create an existing conditions diagram, as well as compile precedent imagery. One staff member will
attend the project kick off meeting.
Task 2: Charrette
Melendrez (one participant) will prepare for and attend the week-long charrette to provide
expertise regarding landscape and open space during individual stakeholder meetings and
throughout design, workshop sessions, and presentations. Melendrez will provide products
created/compiled in Task 1 (compiled and formatted by TGP) to support charrette.
Task 3: Provide Landscape and Open Space Recommendations
Melendrez will work with TGP to refine the landscape and open space plans and
recommendations developed during the charrette and will develop draft landscape and open
space plan proposals based on the preferred master plan alternative, in the form of an
overall street hierarchy key map, as well as supporting text, imagery, plans and section
views. It is anticipated that landscape standards will be provided addressing the following
street conditions:
• "Main Street — commercial center"
• "Main Street — east
• Mays Street
• Round Rock Blvd.
• Typical residential street 1
• Typical residential street 2
• Street creek frontage
Standards will address right of way and setback landscape conditions, as well as design
character including materials imagery addressing planting, paving, furnishing and lighting. A
conceptual level hierarchy, description and conceptual imagery and illustrations of public
open space to be provided within the Plan area will also be provided. TGP will incorporate the
standards into the Administrative Draft of the Master Plan.
Task 4: Revise Landscape Recommendations
Melendrez will assist TGP in making one round of revisions to the landscape and open space
materials included in the Master Plan Administrative Draft in response to City comments.
Meetings Assumed
Melendrez will participate in:
a) an initial kick-off meeting and site visit (one participant)
b) the week-long charrette (one Participant)
d) in—house team meetings in Los Angeles (up to four)
C. Fee Schedule
We propose to undertake this scope of work for a lump sum fee:
Fee Summary:
Task 1: Data Gathering and Analysis: $8,070
Task 2: Charrette: $8,920
Task 3: Provide Landscape and Open Space Recommendations: $34,990
Task 4: Revise Landscape Recommendations: $3,590
Notice: Landscape Architects are licensed by the State of California
Urban Design Group
Engineering
Fee: $24,920 + reimbursables ($1000)
Civil Engineering and Infrastructure Analysis
Task 1 UDG will review and analyze existing and proposed infrastructure systems within the
defined area of the Master Plan. This shall include street ROW and existing pavement, water,
wastewater, drainage facilities and dry utilities. Research will be performed using existing data and
standards as provided by the City of Round Rock records, records of other Utilities and GIS data. This
task assumes no new data will be collected other than possible visual inspections as required for
clarification. The goal of this task is to analyze existing and proposed future improvements in the
creation of a physical inventory. Work will summarized into a summary report development of base
map. This task also includes the project kickoff and site visit, meeting with City Staff.
Task 2 Charrette
UDG will prepare for and attend two days of the week-long charrette as needed to provide expertise
regarding civil engineering and infrastructure during individual stakeholder meetings and throughout
design, workshop sessions, and presentations. UDG will provide conceptual diagrams and visual aids
(compiled and formatted by TGP) as needed for charrette. Only one representative from UDG will
attend the Charette.
Task 3 Provide Infrastructure Recommendations
UDG will work with TGP to refine the recommendations developed during the charrette in terms of
their infrastructural implications and will develop a draft conceptual infrastructure plan and proposals
based on the preferred alternative for the Master Plan, in the form of a technical memo with text and
conceptual drawings. Water needs will be determined without preparing a detailed water model.
Information from this report will be incorporated into the team's Master Plan. The recommendations,
goals, policies presented will address the preliminary aspects of civil engineering and infrastructure in
the project area. Task will also include a preliminary phasing plan and preliminary cost estimates.
UDG will support the development of street section standards as necessary.
Task 4 Revise Infrastructure Recommendations
Consultant will assist TGP to revise the sections related to civil engineering and infrastructure in the
administrative draft as per the feed back from City.
Fee Summary:
Task 1: Data Gathering and Analysis $ 5,475
Task 2: Charrette $ 4,440
Task 3: Provide Infrastructure Recommendations $ 10,595
Task 4: Revise Infrastructure Recommendations $ 4,410
Limbacher Godfrey
Historic Preservation
Fee: $15,000
Task 1: Data Gathering and Analysis
Limbacher Godfrey will review and analyze the historical features of the area along with relevant
historical plans and policies. This task will include reviewing existing data and standards in and
around the area. This task assumes no new data will be collected, though a site visit will help
familiarize the team with on -the -ground conditions of the project area. Limbacher Godfrey will
attend the kick off meeting.
Task 2 Charrette
Limbacher Godfrey will prepare for and attend one day of the week-long charrette as needed to
provide expertise regarding historic preservation during individual stakeholder meetings and
throughout design, workshop sessions, and presentations. Limbacher Godfrey will provide diagrams
and visual aids (compiled and formatted by TGP) as needed for charrette.
Task 3 Provide Historic Preservation Recommendations
Limbacher Godfrey will work with TGP to refine the recommendations developed during the charrette
in terms of their historic preservation implications and will provide text and drawings/diagrams
regarding historic preservation recommendations, including land use assessment, implementation
tools, and preservation strategies to promote and maintain historic buildings downtown, which will be
incorporated into the team's Master Plan.
Meetings Assumed
Consultant will participate in:
a) kick-off meeting and site visit
b) one day of the week-long charrette
Fee Summary:
Task 1: Data Gathering and Analysis
Task 2: Charrette
Task 3: Provide Historic Preservation Recommendations
$ 1,500
$ 2,000
$ 11,500
BWM Group
Local Landscape Consultant
Fee: $15,000
Task 1: Data Gathering and Analysis
BWM Group will prepare for the charrette by identifying and developinga regional plant palette and
will review City's green space/park development standards, vision, and goals.
Task 2 Charrette and Preparation
BWM Group will prepare for and attend the week-long charrette as needed to provide expertise
regarding local landscape considerations. BWM will advise team as to local landscaping and
wayfinding considerations and help create the related vision, act as local liaison and perform other
services in preparation for the charrette as needed.
Task 3 Provide Final Master Plan support and act as Local Liasion as Needed
BWM will work with TGP and Melendrez to refine the recommendations developed during the
charrette in terms of local plant palettes, wayfinding standards, which would identify a hierarchical
system of signage through a series of guidelines/standards that identifies key areas, districts, entities
and/or destination points of interest throughout the downtown area. These findings will be
incorporated into the team's Master Plan. BWM may provide text or graphics for the drafts. BWM
will also act as local liaison and perform other post-charrette/Master Plan services as needed.
Meetings Assumed
Consultant will participate in:
a) kick-off meeting
b) participation in the charrette
Fee Summary:
Task 1: Data Gathering and Analysis
Task 2: Charrette
Task 3: Master Plan Support
$ 1,000
$ 7,500
$ 6,500