R-10-11-09-10C1 - 11/9/2010RESOLUTION NO. R -10-11-09-10C1
WHEREAS, the City of Round Rock desires to retain professional consulting services for
creation of the "Arts and Culture in Public Space" Strategic Plan and Implementation Guide, and
WHEREAS, H3 Hardy Collaboration Architecture, LLC has submitted an Agreement for
Professional Planning, Design, and Consulting Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement with H3 Hardy
Collaboration Architecture, LLC, 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 Planning, Design, and Consulting Services for Creation of Arts Strategic
Plan and Implementation Guide With H3 Hardy Collaboration Architecture, LLC, 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 9th day of November, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
0:\wdox\SCC1nts\0112\1005\MUNICIPAL\00206745.DOC/smc
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL PLANNING, DESIGN, AND CONSULTING SERVICES FOR
CREATION OF ARTS STRATEGIC PLAN AND IMPLEMENTATION GUIDE
WITH H3 HARDY COLLABORATION ARCHITECTURE. LLC.
THIS AGREEMENT (the "Agreement") is made by and between the City of Round
Rock (the "City), a Texas home -rule municipal corporation with offices located at 221 East Main
Street, Round Rock, Texas 78664-5299, and H3 Hardy Collaboration Architecture, LLC (the
"Consultant"), with offices located at 902 Broadway, New York, New York 10010.
This Agreement is for professional consulting services for creation of the "Arts and
Culture in Public Space" Strategic Plan and Implementation Guide, and relates to developing a
programmatic plan, physical plan, and financial plan leading to a comprehensive ten-year
strategic plan and implementation guide to define the role of the City in supporting arts and
culture in public spaces to accomplish the City's broader goals.
RECITALS:
WHEREAS, the City has determined that there is a need for the delineated services; and
WHEREAS, the 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 one (1) year from the effective date of this
Agreement.
The 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.
00205855f kg
EXHIBIT
„A„
1.02 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by the
Consultant, the City agrees to pay the Consultant a total sum not to exceed Fifty-seven Thousand
One Hundred and No/100 Dollars ($57,100.00), in payment for services and the Scope of
Services deliverables as delineated in Exhibit "A" and herein in Section 1.03. This Agreement
does not contain any authorization for the Consultant incurring nor for the City paying for any
reimbursable expenses.
1.03 SCOPE OF SERVICES
For purposes of this Agreement, the Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is recited in Exhibit "A" attached
hereto and incorporated herein by reference for all purposes. This Agreement shall evidence the
entire understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions. The Consultant shall satisfactorily provide all services and
deliverables described under the referenced Scope of Services within the contract term specified
in Section 1.01. The Consultant's undertakings shall be limited to performing services for the
City and/or advising the City concerning those matters on which the Consultant has been
specifically engaged. The Consultant shall perform its services in accordance with this
Agreement and in accordance with the referenced Scope of Services. The Consultant shall
perform its services in a professional and workmanlike manner.
The Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A" and in this Section 1.03. 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; NO REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
the Consultant, the City agrees to pay the Consultant, on a fixed -fee basis, the following:
Fees for the listed deliverables in the total amount of $57,100.00 shall be paid by the City
monthly as billed based on the percentage of work complete, and based additionally on delivery
of all products at the end of each task and upon the City's acceptance of same.
No Payment for Reimbursable Expenses: This Agreement does not contain any
authorization for the Consultant incurring or for the City paying for any reimbursable expenses.
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement, the Consultant's total compensation for consulting services hereunder
shall not exceed $57,100.00. This amount represents the absolute limit of the City's Liability to
the Consultant hereunder unless same shall be changed by Supplemental Agreement, and the
City shall pay, strictly within the not -to -exceed sum recited herein, the Consultant's professional
fees for work done on behalf of the City.
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Deductions: No deductions shall be made for the Consultant's compensation on account
of penalty, liquidated damages or other sums withheld from payments to the Consultant.
Additions: No additions shall be made to the Consultant's compensation based upon
project claims, whether paid by the City or denied.
1.05 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by the City Council or by the City Manager, if the 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. The
Consultant shall not perform any work and the Consultant shall not incur any additional costs
prior to the execution, by both parties, of such Supplemental Agreement. The Consultant shall
make no claim for extra work done or for materials furnished unless and until there is full
execution of any Supplemental Agreement, and the City shall not be responsible for actions by
the Consultant nor for any costs incurred by the Consultant relating to additional work not
directly authorized by Supplemental Agreement.
1.06 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive monthly payment for satisfactory delivery of deliverables, the
Consultant shall prepare and submit detailed progress invoices to the 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 the Consultant shall be made on the basis
of the invoices submitted by the Consultant and approved by the City. Such invoices shall
conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by the City relative to service
deliverables, the Consultant shall comply promptly. In this regard, should the City determine it
necessary, the Consultant shall make all records and books relating to this Agreement available
to the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to the Consultant and to adjust same to meet
the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to
pay the 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 the Consultant be
entitled to receive interest on payments which are late because of a good faith dispute between
the Consultant and the City or because of amounts which the City has a right to withhold under
this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar
taxes applicable to the services, but not for taxes based upon the Consultant's net income.
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1.07 REQUIRED DRAFT REPORTS AND FINAL REPORT
The Consultant agrees to provide the City with draft reports and a detailed final written
report, together with all information gathered and materials developed during the course of the
project. Additionally, the Consultant agrees to provide any necessary oral presentations of such
written reports, at the City's designation and at no additional cost to the City.
Upon the City's request, the Consultant agrees to provide the City with additional bound
copies of the final written report, with one (1) additional unbound copy being delivered which is
suitable for making additional copies at the sole election of the City. The Consultant shall also
deliver two (2) reproducible CDs to the City, all at no additional cost to the City.
1.08 LIMITATION TO SCOPE OF WORK
The Consultant and the City agree that the Scope of Services to be performed is
enumerated in Exhibit "A" and in Section 1.03 herein, and may not be changed without the
express written agreement of the parties. Notwithstanding anything herein to the contrary, the
parties agree that the City retains absolute discretion and authority for all funding decisions, such
to be based solely on criteria accepted by the City which may be influenced by but not be
dependent on the Consultant's work.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving the Consultant a 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, any payment to be
made by the City to the Consultant will be made within thirty (30) days of the date the City
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date the City receives a correct invoice for the goods or
services, whichever is later. The 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 the City in the event:
(a) There is a bona fide dispute between the City and the Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
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(b)
There is a bona fide dispute between the 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; or
(c) The terns of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the 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 the Consultant that the City may terminate
this Agreement for the convenience of the City, upon fifteen (15) days' written notice to the
Consultant, with the understanding that immediately upon receipt of said notice all work being
performed under this Agreement shall cease. The Consultant shall invoice the City for work
satisfactorily completed and shall be compensated in accordance with the terms hereof for work
accomplished prior to the receipt of said notice of termination. The 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 the City upon termination of this Agreement, and shall be
promptly delivered to the City in a reasonably organized form without restriction on future use.
Should the City subsequently contract with a new consultant for continuation of service on the
project, the Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
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 in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by the Consultant in performing the work to the date of default. The
cost of the work that is useable to the City, the cost to the City of employing another firm to
complete the useable work, and other factors will affect the value to the City of the work
performed at the time of default. Neither party shall be entitled to any lost or anticipated profits
for work terminated for default hereunder.
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The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party 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 in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in cotnpliance with the terms of this Agreement.
1.12 INDEPENDENT CONTRACTOR STATUS
The Consultant is an independent contractor, and is not the City's employee. The
Consultant's employees or subcontractors are not the 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. The Consultant and the City agree to the
following rights consistent with an independent contractor relationship:
(1) The Consultant has the right to perform services for others during the term hereof.
(2) The Consultant has the sole right to control and direct the means, manner and
method by which it performs its services required by this Agreement.
The Consultant has the right to hire assistants as subcontractors, or to use
employees to provide the services required by this Agreement.
(4) The Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help the
Consultant.
Neither the Consultant nor its employees or subcontractors shall receive training
from the City in skills necessary to perform services required by this Agreement.
'(6) The City shall not require the Consultant or its employees or subcontractors to
devote full time to performing the services required by this Agreement.
Neither the 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 the City.
(3)
(5)
(7)
1.13 NON -SOLICITATION
Except as may be otherwise agreed in writing, during the tern of this Agreement and for
twelve (12) months thereafter, neither the City nor the Consultant shall offer employment to or
shall employ any person employed then or within the preceding twelve (12) months by the other
or 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.
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1.14 CITY'S RESPONSIBILITIES
Full information: The City shall provide full information regarding project
requirements. The City shall have the responsibility of providing the Consultant with such
documentation and information as is reasonably required to enable the Consultant to provide the
services called for. The City shall require its employees and any third parties who are otherwise
assisting, advising or representing the City to cooperate on a timely basis with the Consultant in
the provision of its services. The Consultant may rely upon written information provided by the
City and its employees and agents as accurate and complete. The Consultant may rely upon any
written directives provided by the City or its designated representative concerning provision of
services as accurate and complete.
Required materials: The Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. The City shall furnish information
which includes but is not limited to items delineated in Exhibit "A." The Consultant agrees,
within ten (10) days of the effective date of this Agreement, to provide the 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 the City for use by the
Consultant in connection with services to be performed under this Agreement, and any and all
data and information gathered by the Consultant, shall be held in confidence by the 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 the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to the City is confidential information of the
City. The 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 the Consultant is confidential information of the Consultant.
The City's confidential information and the Consultant's confidential information is collectively
referred to as "Confidential 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 of the confidential nature of the Confidential Information and of the prohibitions
herein.
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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
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 with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to the Consultant's confidentiality obligations under this Agreement, nothing
herein shall preclude or limit the Consultant from providing similar services for other clients.
Neither the City nor the 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, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
the 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 the Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). The Consultant's working papers
and the Consultant's Confidential Information (as described herein) shall belong exclusively to
the Consultant. The City shall have a non-exclusive, non -transferable license to use the
Consultant's Confidential Information for the 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 LIMITATION OF LIABILITY
Should any of the Consultant's services not conform to the requirements of the City or of
this Agreement, then and in that event the City shall give written notification to the Consultant;
thereafter, (a) the Consultant shall either promptly re -perform such services to the City's
satisfaction 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 the Consultant be liable for any loss, damage, cost or expense
attributable to negligence, willful misconduct or misrepresentations by the City, its directors,
employees or agents.
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In no event shall the Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of the
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 the
City to the Consultant under this Agreement, except to the extent determined to have resulted
from the Consultant's gross negligence, willful misconduct or fraudulent acts relating to the
service provided hereunder.
1.17 INDEMNIFICATION
The Consultant and the City each agree to indemnify, defend and hold harmless the other
from and against 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 property to
the extent arising out of the indemnitor's negligence in the performance of this Agreement.
The Consultant agrees to indemnify, defend and hold harmless the 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 alleged
to have occurred and arising from the deliverables provided by the Consultant to the City in
connection with the performance of this Agreement. Should the City's use of such deliverables
be determined to have infringed, the Consultant may, at its option: (i) procure for the City the
right to continue using such deliverables provided or (ii) replace or modify them to snake their
use non -infringing while yielding substantially equivalent results. If neither of the above options
is or would be available on a basis that is commercially reasonable, then the Consultant may
terminate this Agreement, the City shall return such deliverables provided, and the Consultant
will refund to the City the fees paid for the deliverables provided. This infringement indemnity
does not cover claims arising from the combination of such deliverables with products or
services not provided by the Consultant; the modification of such deliverables by any person
other than the Consultant; deliverables complying with or based upon (1) designs provided by or
at the direction of the City or (2) specifications or other information provided by or at the
direction of the City; or use of systems, materials or work performed in a manner not permitted
hereunder or by another obligation of the City to the 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 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.
1.18 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
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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.
1.19 LOCAL, STATE AND FEDERAL TAXES
The Consultant shall pay all income taxes, and FICA (Social Security and Medicare
taxes) incurred while performing services under this Agreement. The City will not do the
following:
(1) Withhold FICA from the Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on the
Consultant's behalf; or
(3)
Withhold state or federal income tax from any of the Consultant's payments.
If requested, the City shall provide the 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.
1.20 INSURANCE
Insurance. The Consultant, at the 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 the City.
Subcansultant Insurance. Without limiting any of the other obligations or liabilities of
the Consultant, the Consultant shall require each subconsultant performing work under this
Agreement to maintain during the term of the Agreement, at the subconsultant's own expense,
the same stipulated minimum insurance required in the immediately preceding paragraph,
including the required provisions and additional policy conditions as shown below. As an
alternative, the Consultant may include its subconsultants as additional insureds on its own
coverages as prescribed under these requirements. The Consultant's certificate of insurance shall
note in such event that the subconsultants are included as additional insureds.
The Consultant shall obtain and monitor the certificates of insurance from each
subconsultant in order to assure compliance with the insurance requirements. The Consultant
must retain the certificates of insurance for the duration of this Agreement, and shall have the
responsibility of enforcing these insurance requirements among its subconsultants. The 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:
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(1)
Each policy shall require that 30 days prior to expiration, cancellation, non -renewal
or any material change in coverage, a notice shall be given to the City by mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
The Consultant shall also notify the City, within 10 days 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 the City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of the Consultant.
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 designated 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 the City, to any future coverage, or to the City's Self -Insured
Retentions of whatever nature.
(3)
(5)
The Consultant and the City mutually waive subrogation rights each may have
against the other for loss or damage, to the extent same are covered by the proceeds
of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by the Consultant shall be borne solely by the Consultant, with certificates of
insurance evidencing such minimum coverage in force to be filed with the City.
1.21 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
The 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. The 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 the City at the expiration of the term of this
Agreement.
1.22 FINANCIAL INTEREST PROHIBITED
The Consultant covenants and represents that the Consultant, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in the
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purchase or sale of any product, materials or equipment that will be recommended or required
hereunder.
1.23 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Cindy Demers
Assistant City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Telephone: 512-218-5435
Email: cdemers@round-rock.tx.us
The Consultant hereby designates the following representative authorized to act in its
behalf with regard to this Agreement:
Steven Stainbrook, AICP
Project Manager, H3 Hardy Collaboration Architecture, LLC
902 Broadway
New York, New York 10010
Telephone: 212-677-6030 x 246
Email: sstainbrook@h3hc.com
1.24 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
(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 the Consultant:
Steven Stainbrook, H3 Hardy Collaboration Architecture, LLC
902 Broadway
New York, New York 10010
Notice to the City:
City Manager, City of Round Rock
221 East Main Street{ TC \12 "}
Round Rock, TX 78664
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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 the City and the Consultant.
1.25 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.
1.26 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
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.
1.27 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,
the City shall select one mediator and the Consultant shall select one mediator and those two
mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees,
associated with the mediation shall be shared equally by the parties.
The City and the 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.
1.28 FORCE MAJEURE
Notwithstanding any other provisions hereof to the contrary, no failure, delay or default
in performance of any obligation hereunder shall constitute an event of default or 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,
13
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 perfonnance under this
Agreement by the parties.
The Consultant shall not be deemed to be in default of its obligations to the City if its
failure to perform or its substantial delay in performance is due to the City's failure to timely
provide requested information, data, documentation, or other material necessary for the
Consultant to perforin its obligations hereunder.
1.29 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
Agreernent 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 section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined
void.
1.30 STANDARD OF CARE
The Consultant represents that it is specially trained, experienced and competent to
perform all services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by the Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
1.31 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.
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. The City agrees to provide the Consultant with one fully executed
original.
14
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:
For City, Attest:
By:
Sara L. White, City Secretary
For City, Approved as to Form:
By:
Stephan L. Sheets, City Attorney
113 Hardy Collaboration Architecture, LLC
By:
Printed Ctuk: <YON HINT UI,A,-3
Title: PYMt p ' t
Date Signed: (011A, (-ic
t d
15
H3
8 October 2010
Joy Baggett
City of Round Rock, Purchasing Department
221 East Main Street
Round Rock, Texas 78664-5299
Dear Ms. Baggett:
We are delighted to submit a revised letter of commencement towards formalizing an agreement between H3 Hardy
Collaboration Architecture, LLC (H3), and the City of Round Rock, Texas (City), for professional planning services to
complete the study entitled, 'The Ms and Culture In Public Spaces Strategic Plan and Implementation Guide,"
Solicitation Number 10.027 and Specification Number 10-918-27.
Scope of Services
Described in the Scope of Services Proposal are five (5) tasks anticipated necessary to develop a programmatic plan,
physical plan, and financial plan in leading to a ten-year (10) strategic plan. The Strategic Pian Is to prioritize near,
mid, and tonger term initiatives, provide funding strategies, and to provide a critical path towards implementation.
Our Scope of Services Proposal should be considered an attachment to this letter.
Project Management
H3 will coordinate alt work to be performed directly through a key city staff contact, defined as the 'Client Manager.'
H3 will maintain regular contact with the Client Manager who will be responsible for schedule, approving work
products, disseminating information, and responding to information requests. In addition. we propose the City assist
H3 in forming 3 levels of oversight committees to support the planning process and ensure widespread consensus
for the plan.
■ Steering Committee made up of professional City staff such as that of the interview committee to be Involved in
all aspects of the project. Outside participants such as the Round Rock Arts Council may be part of the Steering
Committee iif the City deems it appropriate. Individuals should be available to attend the scheduled meetings for
each scope of service task. (City Led Selection of Members)
• Advisory Panel that may include elected officials and select business or cMc leaders. Members should be
solicited for input and kept informed of the plans progress on an individust basis. (City and H3 selection of
members)
We anticipate the panel will evolve into a group that serves as `cultural community champions" to shepherd the
plan as City partners well after Its completion. 113 will help shape this team based on findings throughout the
study and draw upon select members of the Stakeholder Group to include as eventual participants.
• Stakeholder Group should include a wide array of arts, culture, business, cMc, and community members that
are identified for individual and/or group input and Invited to all public workshops. 1-13 and the City will
collaborate In forming a master contact list. Space will be reserved and provided by the City for a two to three
day interview process with select stakeholders. 113 will schedule Interviews and fadlities tours.
If HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 877 6030 Fax 212 979 0535 www.h3hc.com
EXHIBIT
ttAn
Altemative approaches for City infrastructure to organize and operate arts and culture efforts will be explored during
Task 3 and finalized in Task 5. An initiatives matrix outlining near, mid, and longer term action Items will Include
critical paths, timelines, and responsibilities.
Base Information
As soon as possible or at minimum within two weeks prior to the project tdckoff meeting, the City will provide
electronic copies of all previous studies outlined in the request for proposals and any additional information that
would support our endeavor. The following computer files would be very helpful on CD's:
• Downtown Master Plan (Adobe, GIS, and AutoCAD drawing files)
• City GIS files (shape files etc... for base mapping purposes Including location of all public assembly spaces)
• Aerial Photographs that may be more current than available on Google Earth Professional
Consultants
H3 Hardy Collaboration will serve as the prime contractor with sub -consulting services from Webb Management, Inc.
Fees
H3's services and costs, including those of our sub -consultant wit be provided for the fixed sum of Fifty Seven
Thousand One Hundred Dollars ($57,100). Services will be billed on a monthly basis based on percentage of work
complete. Digital delivery of all products will be made at the end of each task and include for the Client Manager's
approval:
• Executive Summary Memorandum of Findings (2 page and supporting graphics)
• Power Point Presentation outlining all findings with annotated graphics, charts, and text. This document
may be printed and bound as a report.
Follow-up
H3 maintains contacts with past clients providing Input as collaborative partners. Our interest is in Round Rock's
successful implementation of the plan well after the project's completion and we will be available for consultation.
Additional Services
Additional services such as fundraising materials, presentation models, architectural renderings, additional special
consultants, and services other than those outlined will be In addition to Basic Services as they have been outlined.
Fees for these services will be developed in coordination with the Client and will not proceed without prior
authorization.
Schedule
Upon signing of the contract we anticipate project completion four months from the Project Kickoff Meeting,
Stakeholder Interviews, and facilities tour. Completion date may vary based on the holidays' affect on public
participation and availability of Steering Committee members. The schedule requires a timely response to Task
Findings by the Client Manager. Below are key events that are date sensitive and will require coordination and
adjustment:
- City Legal Department Finalizes Contract (October 28th)
H3 Reviews
- Council Meeting to Approve Contract November 11th /23rd - H3 will attend
City Tour and Project Startup Background Meetings
H' HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 677 6030 Fax 212 979 0535 www.h3hc.com
- Project Steering Committee Kickoff Meeting 1 (Early of December)
Stakeholder Interviews and Facility Tours
- Steering Committee Meeting 2 (Early January)
Community Coffee / Open House
- Project Steering Committee Meeting 3 (Early February 2011)
Community Visioning Workshop
- Project Steering Committee Meeting 4 (End February 2011)
Arts Roundtable Discussion - location TBD
- Project Steering Committee 5 (Mid March)
- Project Steering Committee Meeting 6 (End March)
- Public Presentation (First of April 2011)
We are very pleased to have worked through the project commencement understanding and will await receiving the
contract from your legal department.
Respectfully,
John Fontillas, AIA, LEED AP,
Partner
H' HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 677 6030 Fax 212 979 0535 www.h3hc.com
31 August 2010
Proposal
City of Round Rock
Arts and Cufura in Public Spaces
Strategic Plan and Implementation Guide
Solicitation *10-02?
Specification .10918.27
H3 HARDY COLLABORATION ARCHITECTURE, LLC
in association with man iltent
Proposal for Consultant Services to
Create the Arts and Culture In Public Space
Strategic Plan and Implementation Guide
Solicitation Number: 10-027
Specification Number: 10-918-27
H3 Hardy Collaboration Architecture, LLC
902 Broadway, 19th Floor
New York, New York 11201
t. 212.677.6030
John Fontillas, AIA, LEED AP, Partner
t. 212.677.6030 x228
e. jfontiilas@h3hc.com
Steven Stainbrook, AICP. Project Manager
t. 212.677.6030 x246
e. sstainbrook@h3hc.com
31 August 2010
3
management
ob
,S:Ctr
Cath
31 August 2010
Joy Baggett
Purchasing Department
City of Round Rock
221 East Main Street
Round Rock, Texas 78664.5299
Dear Ms. Baggett:
H3 in partnership with Webb Management Services, inc., is enthusiastic in submitting our proposal for
the City's Arts and Culture Strategic Plan and Implementation Guide. As a firm we have completed
nearly 200 arts and cultural projects across the country, 20 in association with Webb Management, and
20 have been large -scaled strategic and cultural district master pians. Our office has completed 16
projects In Texas Including the Dallas Cultural Fadiities Master Plan and are currently completing a new
facility and campus for the Botanical Research institute of Texas In Forth Worth.
While experience has provided our team with a proven methodology, our process is such that results
are a reflection of a community's unique sense of place. Based on our two-day visit to Round Rock,
your informative pre-bid meeting, and review of previous studies it appears that the City's success
has outpaced its arts and cultural life. In the fast 20 years Round Rock has shifted from a bedroom
community for Austin to a place people work, live, and recreate. Pivotal to this has been a strong
economic development program, convenient transportation access, attractive residential communities,
and dose proximity to retail and entertainment services. Much of this activity has been on the far
outskirts of downtown Round Rock and its historic core. Despite this decentralized development pattern
the pedestrian friendly downtown area is an invaluable, Intact asset. There is an untapped communal
spirit that we experienced at the Star Co. Coffee and Cafe over lunch and while attending a Sunday late
afternoon performance at the Baca Center amphitheater.
We concur with your 2010 Downtown Master Plan that sensitive, mbced-use Intal of the downtown
and strategic development of 14 -acres of vacant land Is the right step towards creating a thriving town
center core. Streets, parks, and public space with the presence of arts and culture are fundamental
In making great communal places. There is tremendous opportunity to concentrate dispersed and
makeshift performance venues like the Shoreline Church into a well connected cultural neddace within
the approximate 900 -acre master planned core. The 30 -acre historic center and new development in
the Southwest Main Street area provides a solid framework from which to extend a series of "public art
events'. Distinct sub -centers from the Palm Valley Boulevard duster, through Brushy Creek. and down
to the Union Pacific railway line could offer discrete themes or programs . Public Investment in a vibrant
arts environment is criticai in bringing the town center concept to fruition, fol the city outpaced cultural
gap, attract a competitive workforce, and ensure that Round Rode is a destination of choice.
H3 HARDY COLLABORATION ARCHITECTURE, LIC
502 Broadway. 15th floor New Yak. NY 10010
1. 212.677.6030 www.h3hc.com
:Vf Rf1 MANAGEMENT
350 Fifth Avenuo, Suite 4005 Now Yak. NY 10118
t. 212.929 5040 www.wehbmgmt.com
Our team working closely with the city, Round Rock Ms Council, existing arts organizations, and with public
input will provide an aggressive implementable set of near, mid, and longer term Initiatives. The action plan will
evolve out of findings from an arts and culture inventory and a market scan of the existing cuttural community,
estimated demand and leakage, and potential private -public development partnerships with art components.
Our team will not limit estimates to the existing needs assessment, but also look to best practices in leveraging
new demand taking into account growth trends and Round Rocks unique position in the region. We believe
this challenging project can lead to outcomes that create civic pride, differentiate the city within the region, and
guide sustainable economic development through the power of the arts. We would enjoy the opportunity to
discuss this Important project with you.
Respectfully,
cilir6. /4.0.4•••••••
John Fontlilas, AIA, LEE°
Steve Stainbrook, AICP
Partner Project Manager
Team Organization
1. Round Rock Arta Counci
Key Stakeholders J
Community
7_
City of Round Rock
[vr*naJ{ck1dYDmnersAss nasi Gly Manager -_ - _ _-- -�
�H 3 / matt ' tent
[Hugh Hardy, FAIL_
Arts Advisor
John Fontlllas, AIA, LEER AP
Partner -In -Charge
Steven Stalnbrook, AICP
Project Manager
Eric Galipo, AICD, LEED AP
Project Planner
planning and design team
11
r
Duncan Webb, CMC
Principal -in -Charge
Carrie Blake
Project Manager
Liz Bloomfield
Project Planner
cultural and economic
planning tears
H3
Project Understanding, Methodology, and Approach
Ms Detntt, New Ha n. Comectictd
Understanding the Assignment
The City of Round Rock is requesting
professional planning, design,
and cultural consulting services in
developing the Ms and Culture In
Public Spaces Strategic Plan and
Implementation Guide in supporting
the clty's strategic vision to be the
'City of Choice`. While there have
been recent successes with the Round
Rock Area M Councils opening of
ArtsSpace on East Main Street and a
refined public grant mechanism for focal
organizations, overall efforts to enhance
the community's cultural experience
have been fragmented. The Round
Rock Community Choir, Sam Bass
Community Theater, and Symphony
will receive public financial support, but
several key artistic groups did not meet
guidelines or respond, exasperating the
city's efforts. Penfoid Theater Company
is currently presenting an abridged
version of Shakespeare at the Round
Rock Amphitheater, but their desire
to lease vacant building space for a
downtown theater has been slowed
by a financial Impasse over fair value.
Penick' is also Interested in eventually
building a new facility near the multi-
modal, mixed-use transit center as
outlined in the 2010 Downtown Master
Pian, but would require a significant
fund raising campaign.
The Strategic Plan and implementation
Guide is intended to better coordinate
efforts Ike these and coalesce
ambitions of the arts community more
effectively. it will assist the city In
arriving at a formalized community
vision through an extensive stakeholder
outreach process in concert with the
Round Rock Area M Council and
potential pubic -private partnerships.
The visioning process will be informed
13
f
by understanding what differentiates
the city physically and cutturalty,
understanding the market, and providing
best practices insight based on
successes elsewhere. A clear action
plan will be generated with near, mid,
and longer term initiatives that respond
to specific objectives generated from
the overall vision. Ultimately, the pian
Is to leverage arts and culture as a
tool for economic and community
development, while enhancing the
quality of lite for residents end
visitors.
Methodology
While our teams experience provides
a proven methodology, our process
allows for results that are a reflection of
a community's unique sense of place.
Both H3 and Webb Management firmly
believe that 'one size does not fit all";
each project is viewed with a fresh set of
eyes. We do not have all the answers.
Every task outlined In the scope of
services provided in this proposal will be
filtered through 5 community elements
In a cyclical and knowledge based
process. The process relies as heavily
on conversations as it does state-of-
the-art data gathering and mapping
techniques. A wide variety of community
and stakeholder workshops include open
houses, community coffees, Interactive
planning sessions, surveys, and dynamic
presentations with sophisticated graphic
simulations. Above all our team starts
each project by listening and forming a
collaborative working relationship with
our clients. The only thing certain with
a strategic plan and implementation
gulde is change, and the process
must be flexible enough In making
recommendations to encourage and
allow for new opportunities as they arise.
Frequent communication, access to a
H3
project information web -based cloud,
and frequent visits by our team are the
norm.
A few beliefs inherent in our
methodology Include:
• A strategic and implementation
plan for cultural programming,
events, public art, and facilities must
understand how improvements In
one area may affect the activities
or operations of another. The plan
must address the arts as a 'cultural
system' that fosters synergy and
artistic interaction while minimizing
conflict and competition.
METHODOLOGY
We do not have all the answers. Every task Is filtered through
5 elements in a cyclical and knowledge based process.
Understanding
Ro nd. Flock ttpktt..( t
Critical Issue
+ Trends
Vision + A
Alternative
Synthesis - Action ieIan
Arte lnira.truoturrr and
Development Framsworlc
H 3
14
• The arts must be seen as part of a
larger mix of development program
that add value, while enhancing
the quality of life for residents and
visitors. Creating successful places
that are anchored by cultural and
art institutions can facilitate public-
private partnerships that would
otherwise not be feasible.
• The decision on what programs or
facilities to support should be based
on careful consideration of four key
issues: (1) potential audiences; (2)
likely uses and users; (3) how new
programs, public art, or facilities
relate to existing inventory in the
region and, finally, (4) what benefits
and Impacts new arts initiatives
might have on their communities.
• The study must be Inclusive,
providing ample opportunities for
key constituents to have a voice and
role in the enhancement of existing
facilities, and the development of
new ones.
Approach
The services described in this
qualifications package are based on an
approach H3 and Webb Management
have developed and employed
successfully in a number of other
communities. While development of
Round Rock's artistic environment
is at the core of this plan, achieving
private sector interest will be a
necessary tool to transform many of the
objectives into a reality. Our team has
significant experience not only creating
successful places that are anchored
by cultural and art Institutions, but also
facilitating public private partnerships
that implement these types of
developments. The following are key
pieces of that approach tailored for the
City of Round Rock
The development action plan initiatives
should be aspirational, but also
grounded in real estate, financial, and
cultural market realities. The plan should
also recommend strategies for local
and regional cultural organizations to
develop partnerships that will enhance
and potential expand the economicc and
financial opportunities that are currently
available.
• Successful cultural development
must be sensitive to the existing
fabric and integrate within the
surrounding community.
• The project must seek alignment of
interest between the public sector's
objectives and private -sector's
interests in order to implement a
successful partnership.
• The case for arts and cultural
facilities must address demand from
audiences and facility users relative
to the quality and supply of existing
facilities. In addition, expanded
facilities will make sense if the arts
and culture are seen as a way
for the region to achieve broader
goals. Thus our first challenge is
to understand demand and supply
Issues, as well as the potential
rote of the arts in community
development.
• Physical, operating and financial
perspectives are critical and inter-
related. The study must bring these
perspectives to bear on the basic
question of what facilities will best
serve Round Rock and the region
and how will they be sustained.
• The process must be as Inclusive
and open as possible, encouraging
all voices to be heard.
• The experience of other institutions,
communities and organizations can
help to build a compelling case on
how to develop and operate cultural
facilities, if understood against the
particular qualities and character of
Round Rock.
• Our studies and reports are
developed In close collaboration
with our clients. On each visit to the
community, we report on what we
have learned to date and work with
our client to understand the meaning
and Implications of that research.
• Studies are not Intended to sit on a
bookshelf, but rather to be well -
used guides and roadmaps for those
charged with transforming ideas into
reality.
Scope
H3 and Webb Management have
custom tailored our proposed project
scope based on those services
requested and required deliverables.
Based on our review of previous
studies, the pre-bid meeting, and
our two-day visit to Round Rock we
suggest select additions, clarification,
and an intensive series of 5 workshops
and a minimum of 6 steering committee
or project manager meetings. We
suggest the study be organized into
5 tasks beginning in October of 2010
with completion in April of 2011. If the
City finds it advantageous for an earner
completion date our team is prepared
to completed the study In 4 months.
Prior to commencing work H3 will
work closely with the city to refine the
scope as part of the kickoff meeting.
Based on our previous experience with
projects of a similar nature workshops
will be part of `Round Rock Days'
where our team arrives on a weekday
afternoon and departs the following
evening maximizing our time on the
ground.
Our scope of services narrative has
been kept brief with respect to the
RFP's page limit and our detailed
15
schedule with task by hours matrix that
appears at the end of this section.
TASK 1: Existing Conditions
1.1 Review of Previous Materiais: A
review of previous studies as outlined
In Part 1 of the request for proposals
will be made. In addition, our team will
scan for arts related pians underway
in adjacent municipalities and include
recent data that has been assembled
from our current work with the Long
Center in Austin. Work underway in
the Immediate region that may impact
Round Rock's future plans will be
noted.
1.2 Project Kickoff Meeting
and Workshops: H3 and Webb
Management suggest In addition to the
Assistant Town Manager that a project
steering committee be formed made
up of elected officials and professional
staff. The Round Rock Ms Council
should be an integral part of any
committee. Based on our findings
in Task 1.1 our team will present a
common elements analysis and key
Issues that we believe most pertinent to
the study. A final review and refinement
of the project scope will be made, key
events scheduled, and a system for
dissemination of Information agreed
upon.
Stakeholder Interviews: Following the
project kickoff meeting we will begin
individual stakeholder interviews with
representatives or cMc Leaders In the
arts. One-on-one informal discussions
will also be held with public officials and
private development entities.
Community 'Coffee' Open House:
An Informational community open
house will be held announcing the
commencement of the arts and culture
H3
r�
H 3
study. Information will be provided via
large-scale graphic panels describing
the purpose of the project, expected
outcomes, examples of similar projects.
and a schedule. A sign -In sheet will
be used to gather a list of interested
community members for direct contact
later in the project. Comment sheets
will be organized Into specific topics to
solicit early input.
1.3 Review:
1.31 Physical and Cultural
Qifferer Batton: Based on findings in
the 2010 Downtown Master Plan and
our team's visual and mapping survey
we will use the 3 elements of urban
design: buildings, Infrastructure,
and open space to articulate Round
Rocks unique character and prevailing
development patterns. Character
zones will be defined base on historic
building stock, density, block patterns,
ground level uses, and circulation. As
part of the this task community goals,
benefits & impacts in the relative to arts
and culture will be assessed.
Community Goals. Benefits & impacts:
Assess the potential Impacts and
benefits of additional cultural activity
and new and/or improved cultural
facilities on Round Rock and the region
as a whole. Determine how new
initiatives can play a role In broader
community goals, including such issues
as downtown development,
economic impact, educational
opportunities and cultural tourism, and
how these various relationships affect
demand for (acuities and programs.
J.32 Arta and Culture Inventory: Webb
Management with H3 and the Gty of
Round Rock's support will visit facilities,
inteMew facility operators and users,
10
and conduct secondary research to
create comprehensive Inventories for
the communitys cultural resources,
including facilities that regularly
accommodate formai cultural activity.
Detail will include size/capacity, physical
facility features, program content,
quality and other key aspects. We will
utilize all of this Information to assess:
o How existing facilities and resources
support commercial and non-profit
arts and business organizations.
o How resources support audience
participation and community
Involvement.
o How various types of gaps in the
Inventories are limiting opportunities
for activity, programming, teaching
and audience participation.
1.33 Base Map Preparation: 1-13 will
create a series of composite maps at
a regional, city, and downtown scale
using the city's GIS data, aerial maps,
and those generated from previous
studies such as the 2010 Downtown
Master Plan. Base maps will be used
throughout the project for analysis,
1.34 Prgli ig niy Market Scan: Based
on our current experience In the region,
as well as more detailed research and
analysts specific to the Round Rock
community, describe and understand
the resident and visiting markets for arts
and culture in the short, medium and
long term in terms of market size and
characteristics and potential relevant to
cultural attendance and participation.
Consider potential for community
arts support in light of trends toward
more participatory engagement. And
evaluate the strengths and weaknesses
of the market area based on research
into national trends in arts participation.
Cultural Maooing: Synthesize and
consolidate existing and newly
collected information on Round Rock's
cultural resources to fit within a set of
cultural asset categories. Examine
this framework and geographically
map resources to understand their
relationship to each other and to a
set of population and demographic
characteristics. Examine the
framework and discuss existing and
potential cultural diversity in support
of economic, social and community
development.
Demand Estimates: Meet with and
survey local arts organizations,
presenters. educators, and community
leaders to assess their use of
existing spaces and demand for arts
and cultural facilities and related
infrastructure and programs to support
sector growth. Prepare an activity
profile listing specific types and
estimates of demand for space.
1.4 Steering Committee Mee pq: At
the conclusion of Task 1 our team
will meet with the steering committee
to present our observations, garner
feedback, and discuss next steps.
Meeting minutes will be maintained by
the City of Round Rock.
1.5 Memorandum of Findings: A
two page memorandum of findings
will be provided for Task 1 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 2: Arts and Culture Vision
2.1 Best Practices and Alternative
Approaches: Drawing on our own
experience In helping communities
across the country more effectively
support and enliven the arts our team
will present specific case studies and
a series of best practice principles
appropriate for Round Rock. Our team
will highlight various approaches to
nurturing, creating, and implementing
arts and cultural activity as discrete
public protects, community based
groups, nonprofit professional
organizations, and as part of an
integrated public-private development
efforts. H3 and Webb Management
have recently hosted and moderated
major arts and culture symposiums
attracting attendees with positions in
arts leadership from around the country
and will use them as a resource for this
study.
Comparable Cultural Communities: The
team will identify communities similar
In size and character to Round Rock
that have successfully developed and
supported creative economies and/or
cultural activities and programs similar
to those recommended. Specifically
discuss partnership strategies that have
led to sustainable cultural development
and facility operation. Also describe
faciltttes comparable to recommended
facility concepts in similar regions
around North America, Including
information about size, components,
location, cost and keys to success, to
inform and validate the choices being
made for Round Rock.
2.2 Potential Funding Sources: Our
team is adept at identifying potential
funding sources at the federal, state,
county, and local levels. H3 as an
internationally -renowned architectural,
historical preservation and urban design
firm that focuses on public and cultural
buildings, Including development of
arts inspired open spaces. corridors,
and districts will use its experience in
17
0
assisting clients with significant private
sector fundraising efforts as part of this
10 year plan implementation guide.
Our team will draw upon experience in
developing complex strategic arts and
cultural plans that have secured funding
and generated economic and real
estate development.
2 3 SWOT Analysis: Based on findings
in Task 1, best practices, and review
of potential funding sources,143 and
Webb Management will conduct a
strengths, weaknesses, opportunities,
and threats matrix 10 assist in guiding
the visioning process. Based on the
analysis describe opportunities with
potential to develop and sustain arts
and culture In Round Rock, Including
facilities within that discussion. If
appropriate. comment on facility needs
and improvements necessary to serve
the Round Rock constituencyin the
short, medium and long tenni. Include
detailed recommendations on sizes,
capacities, key components, levels of
flexibility and activity to be supported by
facilities. Then prioritize opportunities in
terms of demand and supply issues and
the broader goals of the community.
2.4 Protect Steering Committee
Wang: A presentation of findings to
date In Task 2 will be made followed by
a working session to finalize materials
for the Issues and Concerns Public
Workshop.
2.5 Public Workshop: Issues and
Concerns / Needs and Preferences: A
two part community workshop will be
held with a brief overview of our team's
findings to date and the *state of the
arts' In Round Rock. The second half
of the public forum will be dedicated
to better understanding the general
H 3
H3
public's issues, concerns, needs. and
preferences.
2.6 Draft Vision Statement: Based on
findings above and working closely
with the Assistance City Manager,
Project Steering Committee, and the
Round Rock Arts Council, our team
will draft an overall vision statement
for strengthening and expanding the
arts in public spaces and as a tool for
leveraging the private sector's interest
in providing cultural related amenities.
The vision will be grounded in the
belief that reinforcing Round Rock's
unique sense of place through creative
environments Is critical In differentiating
It from adjacent communities. The
overall vision will be supported by areas
of focus accompanied by annotated
reference images, mapping, and
graphics.
2.6 Arts and Culture Menu (Objectives).
A menu o1 programs, events, public
art, planning strategies, and facilities
development win be created that best
support the vision. The menu will
include a range of objectives necessary
to achieve the vision.
2.8 Memorandum of Findings: A
two page memorandum of findings
will be provided for Task 2 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 3: Draft Action Plan -
Initfatives
31Gan Analysis• identify gaps. it
any, between existing and/or trending
Conditions and objectives In Task
2. Our team with support of the City
will more closely examine potential
18
shortcomings that would hinder
successful implementation such as
infrastructure, linkages, financing,
timing, organizational capabilities,
political dynamics, and physical
limitations.
3.2 Stakeholder Workshop: 'Arts and
Development Roundtable' Art and
cultural leaders will be invited to gather
as a follow-up to our Task 1 Interview
Process and discuss as a group our
findings, draft vision plan, and potential
ways to close or ease gaps in achieving
the supporting objectives.
3.3 State Premise for Nan -owing Gaps:
Certain objectives supporting the overall
vision may fall beyond the outlook of
this strategic plan and Implementation
guide given existing conditions and
trends. Based on input from the city,
key stakeholders, and the public,
planning efforts or initiatives outside
the realm of "arts and culture' may
be required to provide the necessary
conditions for gaps to be tilled. A
premise for each of these should be
developed and included as part of the
Action Plan.
3.4 lnitiativ�ea: A matrix of initiatives will
be prepared organized In near, mid, and
longer term timeframes will be drafted.
Actions items may include public
policy. events, programming, public art,
attractions, master plan concepts, and
facilities.
Operating Scenarloa: Identify, describe
and evaluate ownership, operating
and management models that may
be used to manage facilites and
programs identified as top priorities
within the plan. Consider options
such as management from within a
public infrastructure, leasing venues
to exclusive or non-exclusive facility
operators, and developing new entitles
or partnering with local nonprofits or
commercial entities to management
programs or facilities. Address
governance structure, public level of
input and oversight, and relevant Issues
such as community access, scheduling
and public events.
Funding: Develop a preliminary strategy
to raise funds for the Implementation
of near, mid, and Longer term initiatives
recommended in the action plan.
Identity potential financial sources from
local and regional government, federal
government, corporations, foundations
and Individuals for Administration,
programming, events, construction
and continuing operations of existing
and new facilities with the possibility
of a cultural district. Offer preliminary
guidance on the creation of a funding
plan, and how to use the study as a
fundraising tool.
3.5 Project Steering Committee
Meeting: A draft version of alternative
action plans with near, mid, and longer
term initiatives will be presented at the
steering committee meeting.
3.6 initiatives Concept Planning imagery
and.Mapping: A preliminary graphic
mapping and supporting imagery will be
provided in support of the action plan
matrix.
3.7 Memorandum of Findings: A
two page memorandum of findings
wilt be provided for Task 2 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 4: Action Plan Evaluation
4.1 Action Plan Evaluation Criteria: A
final evaluation of the action plan (near,
mid, and longer term initiatives) will
use criteria that includes community
fit, demographic appeal In attracting
such segments as the ''creative class',
technical parameters, cost, timing,
and the ability to measure projects'
effectiveness.
Economic Impact: Forecast the
economic Impact of new and enhanced
facilities, as well as a potential cultural
district, including the impacts of
construction, operation and ancillary
spending associated with attendance
related to programming, public arts,
events, public policy, and facilities..
Estimate the direct and indirect
Impacts of initiatives on the Round
Rock market area, Including outputs,
increased earnings and employment.
(with assistance from the City of Round
Rock)
4.2 Project Steering Committee
Meeting: Present findings of action
plan evaluation and finalize initiatives to
appear In action plan.
4.3 Refine Action Plant: Based on the
evaluation process and Input from
the steering committee complete final
revisions to the action plan.
TASK 5: Recommendations
5.1 Executive Summary
5.2 initiatives Mapping and Concept
5.3 Project Steering Committee
Meeting: Review final action plan,
supporting graphics. concept imagery,
and discuss presentation of final plan to
the public.
19
r!�
5.4 Community Outreach - Public
Presentation: Host a final public
meeting presenting an executive
summary version of the plan supported
by graphics and anticipated outcome
scenarios.
5.5 Fuli Report: A full report will be
issued by 11 April 2011.
H3
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1.3
1.3
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2.
2.
2.
2.8
Consulting Team H3 Hardy Collaboration Wobb Managornont
Tasks
11
d
i
Hours
iI
0 Task 1 Existing Cuuailrons
1 Review Previous Initiativss and Studio's
2 Project Kickoff Mooting
1
2
6
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16
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Review and Rothe Scope as Necessary
Community Outreach 1: Stakeholder interviews •
Community Outreach 2: "Coffee" Open House •
3 REVIEW
1 Physical and Cultural Dlffersnttafon
Buildings, tnhasalUdure, and Open Space
..
1
-_. .___.
1
—___---.
Community Cheraderand .latrkts
---____-
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2 Arts And Culture inventoryAvith City assistance)
Downtown and Mester Plan Roundel),
--_ _._ ....:_
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3 Base Map PtspuatP assistance)
1
24
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4 Preliminary Market Sun
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Ms end Cultural Conxmnily_Cheradedstics
3
Estimated Audience Demand end Leakege
Compkmentary Uses Enhanced by the Ms1
40
.
Estimated Dernend for Fealty User 1 Users
Potential De • , - P . • s with M
-_
4
--
1 Pr. oct Steorine Commlttoa Mootln 2
4
12
I Memorandum of Fin • • s
1 Ta':k 2 Arts arra Cuituro Vision
1 Best Pr!tV ! and Altenfathre ApproaChee
2
18
8
Rendlmarking • Casa Studies
Ms as an Economic Development Tool
Arts and Cultural Growth Strategies
Anchor Venue(s), District. Dispersed, andfor Hybrid
Models
' Potential Funding Sources-.
4
8
e
2
a
I SWOT Ana ale •
2
12
8
2
Pro act Steering Committee Mootln, 3
4
8
3
Community Outreach 3: Public Workshop •
Issues and Concerns
Needs end Preferences
Draft Vialon Statement
2
4
16
10
1
Renforoe Round Rock's Unique Sense of Place
Arttatate Focus
Arts end Culture Menu Objeetivast
2
4
12
1
24
2
1
4
Memorandum of Findings
20
3.0
Tasks
11
Task 3 Draft Action Pini (lotliativus)
31 Gap Anatysls: Iderdi'
fy gaps, If any, batmen **Una f
.
trending conditions and objectives in Task 2. Such as.
2
4
Inkastructure and (Alums
Financial and Timing
Organizational and Poltkat
Physical UmaMons,.
3.2 Community Outreach 4: Arts Roundtable •
3.3 State Premise for Narrowing Gaps
inftlatIves: Public Policy, Events, Programming,
3,5 12
Public M, Attractions, Facilities
3.0
3.7
4.0
4.1
4.2
4.3R.
5.0
5.1 Exsoutfvo SumnanY
52 fittlistlyssfAiMpIng and Concept Intazory
ro oct Stoortn Committoo tolootinc 4
Near Term
Medium Tann
et Tenn
4
15
2
inillativse Concept Planning Imagery Ind f41101/inS
Ms wham of•FIndIn
Om Criteria
ConntmltyfItnd ChirSet
Demographic Appeal such as attracting the *Calalls'e
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Costs, Fundlrogi and FltAaAtg
Abp lo Measure
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ro'oct Stoorin CommIttro Meotin 3
5.3 Pull RI
ro oct Stearin Committoo Mooting 6
Community Outtaaohd: Public Prearintation •
2
Total Labor Hours 32
Not To Exceed Total Project Cost
• indicates with Clty 'madams
16 24
4 6 32
4 16 24
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118
Cr
memorandum
to: Cindy Deniers, Assistant City Manager, City of Round Rock
from: Carrie Blake, Webb Management Services
regarding: Arts & Culture in Public Spaces Master Plan: First Visit Preparation
date: October4. 2010
cc: Steve Stainbrook & John Fontiltas, f-13 Hardy Collaborative Architecture
Preparation for Initial Interviews and Site Visits
The foltowing memo outlines the process that wilt kick-off our work for the City of Round Rock:
interviews and facility tours. This document should help you and your staff prepare for and facilitate
our first visit While we will help however we can. we have learned through trial and error that the
administration of our schedule is best left to a locat person in order to encourage strong participation
and to ensure attention is paid to whom and where it should be.
Purpose of Interviews
The purpose of the visit is to collect key information from organizations, existing facilities, individuals
and community groups that will enable us to provide a thorough and accurate assessment of the
current and future needs and opportunities for Round Rock's arts and cultural community. The
interviews will be informal and confidential.
Identifying Interviewees
The first step is to develop a list of the proper groups and individuals to interview. The key is to identify
a broad group of potential interviewees who have a stake or great interest in the past, present and
future of the arts and cultural community in Round Rock and the surrounding area.
We woutd like to meet with:
* Any and alt arts and culturat organizations and program providers or those may help us
assess current arts attendance patterns, programming, and related activity in Round Rock and
the immediately surrounding region;
* Those familiar with the levet of community and funding support for the arts and culture in
Round Rock, Travis and Williamson Counties.
* Any other key people who ought to be involved in the project such as potential funders,
community educators. business and community leaders, political leaders, etc.;
* Operators of arts and cultural facilities or attractions in Round Rock and nearby areas; and
building creativity
Empire State t3uiding+350F+fth.Atienue.Suite 4005 NY .0118 t.212.029.5ut} f 2I7.929 5954 weeturyn.org
CD
* City staff or leadership who might speak to the project as a whole, inctuding larger goats and
constraints.
More specifically, possible categories of groups/individuals to explore during brainstorming include
the following:
a� Representatives of any arts organizations that produce or present professional or participatory
programming in Round Rock and the surrounding area such as the Round Rock and
Williamson County Symphonies, Round Rock Community Choir & Band, the Penfold Theatre
Company, the Sam Bass Community Theatre, and the Main Street Quilt & Thread Guild;
�k Cultural facilities managers inctuding representatives from ArtSpace, managers of school
auditoria that are able to be used by the public and City representatives that program or
coordinate use at the Baca Center & Amphitheater and other public spaces;
�k Any managers or creators of public art programs and site-specific installations and
exhibitions;
�k Commercial promoters, including anyone bringing touring activity to Travis and/or Williamson
County;
* Representatives from any cultural service organizations such as the Round Rock Arts Council;
�k Representatives of the Round Rock Convention & Visitors Bureau and any other tourism
organizations or tourist or cultural destinations Eike the Palin House Museum;
# Representatives from relevant community organizations, including ethnic/church groups,
youth groups, service clubs, community associations, such as the YMCA Art & Education
Program and the Et Amistad Club;
rx Public educators such as Superintendents and/or leaders of art programs in local public
schools;
�k Key business or industry leaders;
�k Etected or appointed officials;
# City staff, inctuding those from economic development and planning offices who can help us
understand how the face of Round Rock and the region are likely to change in the coming
years;
z� Outstanding/interested individuals who have made a contribution or who have in-depth history
with the community;
ax Those who may OPPOSE further City support of the arts and culture )all voices should be
heard).
Site Visits
We wilt also need to tour sites and facilities where local and regional arts and cultural activity takes
place in order to gain a sense of the cultural opportunities avaitable within the area and of the private
and public spaces that are used by local arts groups. Facility visits should be arranged in advance to
ensure that the doors wilt be open, the lights will be on and someone will be there to walk us through
and answer any questions. Proper allowance for travel time should be included in the schedule.
Page 2
core,
Interview Invitation and Preparation
Each person or group invited to interview should receive a call, letter or email informing them about
the planning process and explaining the need for the planning team to receive input and information by
way of personal interviews. The invitation should also include how the interview will be conducted
(informal, confidential), the type of information wilt be discussed (listed below) and that any and -alt
input is welcome. Promptness should be encouraged. Following is a sample of a letter/email that
might serve as an introduction.
Dear
The City of Round Rock has hired H3 Hardy Collaborative Architecture and Webb Management
Services to develop a comprehensive ten-year strategic and implementation plan for Arts &
Culture in Public Spaces. Representatives of the consulting team will be in town on Mal for
interviews with a range of constituents, including tocat performing and visual artists,
representatives from arts organizations, City staff and leadership, educators, business leaders
and other community constituents.
The purpose of the interviews is to collect information that will enable the consultants to
understand the current state of arts and culture in Round Rock and the region, identify
opportunities and suggest the role of the City in supporting arts and cultural development.
We would be most grateful if you or a representative of your organization might be available to
participate in these interviews. Someone from our office will be in touch over the next several
days to see if we might include you in the schedule. Alt interviews will last 30 minutes and will
be informal and confidential.
Best regards,
tqraNfiliiiMeNatta
We will likely ask each interviewee about their organizational background. areas) of expertise and
questions about their thoughts and perceptions around the future of the arts and cultural community
in Round Rock. Other questions of topics of conversation might include the following:
�k Characteristics of Round Rock and a community and its position within the Austin regional
market;
# Nature of involvement and background in the arts and culture in Round Rock and elsewhere;
�k Perceptions, strengths and opportunities around arts and cultural offerings; and
�x Possibilities for partnerships and engagements.
Interview Logistics
Oar.;1'J1I
Thirty minutes is sufficient for most organizations and individuals. If there are a few individuals that
seem to go together, they can be scheduled during the same time slot. Interviews should be scheduled
in succession without breaks in between, though an hour should be set-aside for lunch.
It would be hetpfut if all interviewees can be received and made to feel comfortable in advance of the
interview. Our office should be supplied with lists of interview times in advance of the visit. This should
include the names, organizations, phone numbers, and email addresses of those being interviewed.
Some care should be taken to ensure that those groups most relevant to this particular study receive
scheduling priority. If there are any groups or individuals who cannot meet during this initial visit, we
wilt reach out to them via phone and/or email surveys.
Although it would be most efficient for the majority of the interviews to take place in one central
location, when appropriate or necessary, we can travel to the offices or workplaces of interviewees. It
we need to travel between locations, please be sure that ample travel time is set aside within the
meeting schedule.
Additional Information Required
Prior to the first visit, it would be helpful to receive any and ail available information relevant to the
project. This may include:
*
*
Round Rock Convention and Visitors Bureau Tourism and Marketing Ptan;
Background on arts and cutturat funding policies and history via the Hotel Occupancy Tax;
ACT 2005 strategic plan and 2008 follow up study;
Any current demographic or trend data; and
Any additional reports on tourism and other local and regional economic indicators.
We're looking forward to this visit! Please don't hesitate to contact us at any time with questions.
Page t.
1 0 ;
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
CITY OF ROUND ROCK
REQUEST FOR PROPOSALS
FOR CONSULTANT SERVICES TO CREATE
THE ARTS AND CULTURE IN PUBLIC SPACES STRATEGIC PLAN AND IMPLEMENTATION GUIDE
PARTI
GENERAL
1. PURPOSE: The City of Round Rock Is pleased to invite consultants to submit proposals for
developing a comprehensive ten-year strategic plan and implementation guide that shall define
the role of the City of Round Rock in supporting arts and culture in public spaces to accomplish
the City's broader goals. The purpose of the plan is to provide a "roadmap" for the City in
pursuing this segment of the strategic vision to be the City of Choice for residents, businesses,
entrepreneurs, and visitors. A key element of this vision is the development of the area's artistic
and cultural environment to further enhance the quality of life in Round Rock.
Recent economic trends clearly demonstrate that local economies depend greatly upon the
creative and intellectual capital of their citizens. To cultivate this capital, the City needs to nurture
the artistic climate in public spaces that will attract a creative and diverse workforce and to ensure
that all residents have access to arts and cultural activities. To enable this directive, the City
seeks a clear set of priorities, a step-by-step action plan and schedule that can be supported
through policy and a commitment of City resources,
2. BACKGROUND: The City of Round Rock, Texas, with a population of 150,000, to include those
residents living Just outside the City limits, is located 15 miles north of Austin in the Central Texas
Hill Country. This location places the City within three hours driving time of ninejy percent of the
population of the State of Texas. The City has experienced tremendous growthuer the past ten
years, is home to a number of major employers and Is scheduled for a 2060 build -out of 300,000
residents.
The Round Rock community has a vibrant higher education sector, including Texas A&M Health
Science Center, Texas State University and Austin Community College. The Art institute of
Austin and many other arts organizations are also located in Round Rock.
Until now, the City, has had no comprehensive strategic plan for the development of arts and
culture in public spaces. The City's General Pian, Library Plan and Parks and Recreation Plan
contain elements of arts and culture support. Many additional efforts have been undertaken to
lay the ground work for expanding arts in the community. Those efforts include:
2.1 2003 — Convention and Visitors Bureau commissioned a Tourism and Marketing Plan.
22 2006 — ERA Completed an Event. Facilities Assessment, to include a feasibility study for
a Performing Arts Center, Convention Center, Special Events Center and others.
2.3 2007 — Task Force to Encourage Philanthropy for Arts and Cultural Activities in Round
Rock presented a report with key conclusions to the Round Rock City Council.
2.4 2009 — Round Rock Area Arts Council formed and commissioned an informal citizen
survey on the arts.
2.5 2009 — Round Rock City Council adopted an overall strategic plan for the City which
includes expanding and strengthening arts and cultural activities In the community as one
of 39 goals.
Page 1 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
2.6 2009 — Historically the City has been allocating 1% of the Hotel Occupancy Tax to
support the arts and now has refined its purpose and criteria for the disbursement of
those funds.
2.7 2010 — Round Rock Area Arts Council remains active and opened the ArtSpace, a
community gallery in Downtown Round Rock.
2.8 2010 — Round Rock City Council adopted a Downtown Master Plan with a vision for
downtown to become an attractive place for residents and visitors and a center for
cultural activities. The plan includes potential sites for a theatre and insights into historic
preservation.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
3.1 Arts and Culture — Includes all forms of artistic and cultural expression to include visual
and performing arts.
3.2 Agreement —A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
3.3 Bid/Proposal/Offer/Quote — is a complete, properly signed response to a Solicitation that
if accepted, would bind the Offeror to perform the resulting contract.
3.4 Offeror/Bidder/Respondent — Identified throughout this specification shall describe
persons and entities that consider themselves qualified to provide the goods, equipment
or services.
3.5 Com— Identifies the City of Round Rock, located in Travis and Williamson Counties,
Texas.
3.6 Goods — Represents materials, supplies, commodities and equipment.
3.7 Piggyback Contract — A term used to Identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entitles.
3.8 Purchase Order — is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Offeror, becomes a contract. The Purchase Order is the Offeror's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
3.9 Services —work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
3.10 Subcontractor Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
3.11 Vendor — (Sometimes referred to as Contractor, Consultant) a person or business
enterprise providing goods, equipment, labor and/or services to the City as fulfillment of
obligations arising from an agreement or purchase order.
4. COMPENSATION: Consultant teams shall prepare and submit an estimate for their services
based on an assessment of the Scope of Work detailed in this Request for Proposal.
Page 2 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form Is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Main Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result in the disqualification of the vendor's offer.
6. CLARIFICATION: For questions or clarification of specifications, you may contact:
Joy Baggett
Purchasing Department
City of Round Rock
Telephone: 512-218-6682
jbaciaettCccound-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
All questions regarding the RFP shall be submitted in writing by 5:00 p.m. on August 18,
2010. A copy of all the questions submitted and the City's response to the questions shall be
posted no later than August 20, 2010 on the City's webpage,
htta://www.roundrocktexas.gov/home/index.aso?nage=463. Questions shall be submitted to the
City contact named above.
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the
Offeror to the City Official or Employee evaluating or considering the bids prior to the time a bid
decision has been made. Communication between Offeror and the City will be initiated by the
appropriate City Official or Employee in order to obtain Information or clarification needed to
develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds
for disqualifying the offending Offeror from consideration or award of the bid then In evaluation, or
any future bid.
Page 3 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
PART It
INSTRUCTIONS
1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline:
1.1 Request for Proposals released August 2, 2010
1.2 Non -mandatory pre -proposal conference August 23, 2010
2:00 PM
City of Round Rock
Council Chambers
221 E. Main Street
Round Rock, Texas 78664-5299
1.3 Deadline for questions
1.4 City responses to all questions/addendums
1.5 Responses for RFP due by 3:00 p.m.
1.6 Oral Presentation (if selected)
1.7 Award to Vendor and Executed Contract
1.8 Strategic Plan Completion Goal
August 25, 2010
August 27, 2010
August 31, 2010
September 13 — September 17, 2010
October 14, 2010
April 30, 2011
The City reserves the right to modify these dates at any time with appropriate notice to all
prospective Respondents.
2. PROPOSAL DUE DATE: Signed and sealed proposals are due no later than 3:00 P.M., August
31, 2010. to the Purchasing Department. Mail or carry sealed proposals to:
City of Round Rock
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.1 Proposals received after this time and date will not be considered.
2.2 Sealed proposals shall be clearly marked on the outside of packaging with the RFP title,
number, due date and "DO NOT OPEN".
2.3 Facsimile or electronically transmitted proposals are not acceptable.
2.4 Late Proposals properly identified will be returned to Respondent unopened if return
address is provided.
3. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain
the maximum degree of comparability, the proposals shall be organized in the manner specified
below. Proposals shall not exceed twenty (20) pages In length (excluding resumes, title pages(s)
and index/table of contents, attachments or dividers). Information in excess of those pages
allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced,
printed, 8'/" X 11- sheet of paper.
Submit one (1) unbound original and twelve (12) bound copies of proposal. It is recommended
that proposals not be submitted In ringed binders or metal spirals to conserve cost for both the
Respondent and the City. Once submitted the proposals become the property of the City.
Page 4 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2,2010
3.1 Title Paae (1 page) Show the RFP title and number, the name of your firm, address,
telephone number(s) name of contact person and date.
3.2 Letter of Transmittal (1 page)
3.2.1 Identify the RFP project for which proposal has been prepared.
3.2.2 Briefly state your firms understanding for the services to be performed and make
a positive commitment to provide the services as specified.
3.2.3 Provide the name(s) of the person(s) authorized to make representations for your
firm, their titles, address, telephone numbers and e-mail address.
3.2.4 The letter of each proposal shall be signed in permanent ink by a corporate
officer or other individual who has the authority to bind the firm. The name and
title of the individuals(s) signing the proposal shall be clearly shown Immediately
below the signature.
3.3 Table of Contents (1 page) — Clearly identify the materials by Section and Page Number.
3.4 Proposal Narrative
3.4.1 Previous Performance/Experience
3.4.1.1 Provide detailed information on experience with providing arts and
culture planning services as described in the Scope of Work.
3.4.1.2 Provide a representative list of projects of a scale and complexity similar
to the project being considered by the City. The list shall include the
project location, client, services provided by your firm for the project,
term of services and an owner contact name.
3.4.1.3 Provide at least three references for which your firm has provided the
same or similar services. Include a point of contact, current telephone
number and a brief description of the services provided. Any negative
responses received may result in disqualification from consideration for
award. Failure to include references with submittal may result in
disqualification from consideration for award.
3.4.2 Key Prosect Staff and Sub -consultants
3.4.2.1 identify key project staff, task leaders and sub -consultants along with
their expected services to the City for the scope of work on behalf of the
firm. Resumes shall be included for each of the Individuals and sub -
consultants referenced which demonstrate their qualifications to satisfy
all the critical and service requirement areas. The City reserves the right
to approve or disapprove all sub -consultants prior to any work being
performed.
3.4.3 Available Resources and Consultant Location
3.4.3.1 Provide information on size, resources and business history of the firm.
3.4.3.2 Provide information on personnel resources available to your firm, which
Indicates that you have access to the services necessary to perform the
work in the time available and within the required standard.
3.4.3.3 Describe the firm's location where the primary services are to be
provided and the ability to meet in person with City personnel when
required during the performance of the Contract.
Page 5 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
3.4.4 Proiect Understanding. Methodolow and Approach
3.4.4.1 Consultant shall demonstrate a thorough knowledge and understanding
of arts and culture planning detailed h the Scope of Work. This
understanding shall contain an explanation of the consultant's
methodology and approach for creating the City's strategy and
implementation guide.
3.5 Samples of Work — The Respondent shall provide samples of work to demonstrate their
capacity for delivering the necessary components contained within the Scope of Work.
3.6 Sample Standard Contract — Respondent shall include a copy of the firm's standard
contract to include standard budget and pricing for services, terms, conditions and
estimated timelines.
4. DISCLOSURE OF LITIGATION: Each Respondent shall include in its proposal a complete
disclosure of any civil or criminal litigation or Investigation pending which involves the Respondent
or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT: All proposals submitted in response to this RFP shall be
held confidential until a contract Is awarded. Following the contract award, proposals are subject
to release as public information unless the proposal or specific parts of the proposal can be
shown to be exempt from the Texas Public information Act. Respondents are advised to consult
with their legal counsel regarding disclosure issues and take the appropriate precautions to
safeguard trade secrets or any other proprietary information. The City assumes no obligation or
responsibility for asserting legal arguments on behalf of potential Respondents.
5.1 If a Respondent believes that a proposal or parts of a proposal are confidential, then the
Respondent shall so specify. The Respondent shall stamp in bold red letters the term
"CONFIDENTIAL' on that part of the proposal, which the Respondent believes to be
confidential. Vague and general claims as to confidentiality shall not be accepted. All
proposals and parts of proposals that are not marked as confidential will be automatically
considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS: The City reserves the right to request clarification or
additional information specific to any proposal after all proposals have been received and the
RFP close date has passed.
7. PROPOSAL PREPARATION COSTS: All costs directly or indirectly related to preparation of a
response to this solicitation or any oral presentation required to supplement and/or clarify a
proposal which may be required by the City shall be the sole responsibility of the Respondent.
8. BEST VALUE EVALUATION AND CRITERIA: Responders may be required to make an oral
presentation to the selection committee to further present their qualifications. These
presentations will provide the responder the opportunity to clarify their proposal and ensure a
mutual understanding of the services to be provided and the approach to be used.
All proposals received shall be evaluated based on the best value for the City. In determining
best value, the City may consider the following:
8.1 Purchase price and terms;
8.2 Reputation of bidder and of bidder's good and services;
8.3 The quality of the bidder's goods and services;
8.4 The extent to which the goods and services meet the City's needs;
8.5 Bidders past relationship with the City;
8.6 The total Tong -term cost to the Municipality to acquire the bidder's goods or services;
Page 6 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
8.7 Experience and qualifications;
8.8 Work Samples;
8.9 Methodology and approach; and
8.10 Any relevant criteria specifically listed in the solicitation.
9. CONTRACT NEGOTIATIONS:
9.1 Review all proposals and determine which Proposers are reasonably qualified for award
of the contract.
9.2 Determine the Proposer whose proposal is most advantageous to the City considering
the evaluation criteria.
9.3 Attempt to negotiate with the most responsive Proposer a contract at fair and reasonable
terms, conditions and cost.
9.4 If negotiations are successful, enter Into a contract or Issue a purchase order.
9.5 If not successful, formally end negotiations with that Proposer.
9.6 Select the next most highly qualified Proposer and attempt to negotiate a contract at fair
and reasonable terms, conditions and cost with that Proposer.
9.7 The City shall continue this process until a contract is entered Into or all negotiations are
terminated.
9.8 The City also reserves the right to reject any or all proposals, or to accept any proposal
deemed most advantageous, or to waive any irregularities or informalities in the proposal
received.
PART ill
SPECIFICATIONS
1. SCOPE OF WORK: The City of Round Rock is seeking proposals for developing a
comprehensive ten-year strategic plan and implementation guide that shall define the role of the
City of Round Rock in supporting arts and culture in public spaces to accomplish the City's
broader goals. Respondents shall be responsible for, but are not limited to carrying out the
following tasks:
1.1 Review existing City arts and culture assessments and plans to include those listed in
Part I of this RFP.
1.2 Define and formalize the community vision and the City's role in supporting and
developing arts and culture in public spaces to support the City's broader goals. The
City's strategic plan can be viewed on the City's website at:
htto://www.roundrocktexas.gov/docs/strategic olan09.Ddf
1.3 Identify issues and roadblocks and gather project Ideas via solicitation of public input
from the community. This may include facilitation of public forums including open
house(s) for general public and group meetings with existing art and cultural groups,
individual artists, and/or a citizens survey (potentially in coordination with the Round Rock
Area Arts Council).
1.4 Indentify long and short-term funding strategies for programs and required facilities.
Include best practices of other successful communities, strategies of benchmark cities
and a menu of options applicable to Round Rock.
1.5 Develop a project action plan to Include types of events, attractions and programs and
coordinating service delivery plan utilizing City resources and Infrastructure using data
Page 7 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
gathered from 1.3 above. Plan shall prioritize actions based on long-term and short-term
needs.
1.6 Outline City department or organization primarily responsible for each program and staff
support necessary to manage each.
1.7 Develop a set of criteria for needs assessment for each strategic plan program to include,
at a minimum:
1.7.1 Estimated design, construction and operating costs of said projects,
1.7.2 Funding and financing sources required and available by law.
1.7.3 Anticipated economic benefits from said programs.
1.7.4 Methodology for monitoring and measuring the effectiveness of adopted programs.
1.7.5 Present the results and recommended programs in a public forum and facilitate
discussion and review of those recommendations with all stake holders to Include
Round Rock City Council, Department Directors, Round Rock Area Arts Council, and
members of the general public.
2. PROJECT COORDINATOR: All work performed will be supervised and verified by the City
representative(s) noted below.
Cindy Demers
Assistant City Manager
Office: (512)218-5435
cdemerseilround-rock.tx.us
3. DELIVERABLES: The successful Respondent shall be responsible for, but not limited to generating
and providing the following in a Summary Report for The Round Rock Arts and Culture in Public
Spaces Strategic Plan:
3.1 Identify what sets Round Rock apart from other Central Texas cities.
3.2 Articulate, based upon community Input, the community's vision for the arts and culture In
public spaces directive. This vision shall define our region's arts and culture niche and
build on Round Rock's sense of place.
3.3 Define the role of the City of Round Rock in supporting arts and culture in public spaces.
3.4 Synopsis of community input functions and feedback received.
3.5 Program outline that will support the vision and include a prioritized list of programs and
implementation strategy.
3.6 Recommend City resource allocation.
3.7 Identify City department or organization(s) primarily responsible for each program.
3.8 Statement with statistical back-up on the impact of arts and cultural programming on
tourism and economic development.
3.9 Internal Strength, Weakness, Opportunity and Threat (SWOT) Analysis on the
community's arts and cultural issues with action plan to capitalize on strengths and
address weaknesses.
Page 8 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
3.10 Map and list of inventory of existing arts and cultural venues. (With assistance from City
staff.)
3.11 Map and list of facilities and sites potentially available for arts and cultural enterprises.
(With assistance from City Staff.)
3.12 Best practice recommendations for garnering private investment.
3.13 Identify opportunities and entities for Public/Private Partnerships. Provide
implementation strategies supported by best practice examples.
3.14 Recommend applicable grant opportunities with guidance on how the City can maximize
its ability to obtain grants.
3.15 Arts and Culture In Public Spaces Administrative Plan that clearly defines or establishes
an entity to make recommendations to the City Council and defines the role of the
following City of Round Rock stakeholders in participating:
3.15.1 Round Rock City Council
3.15.2 Planning and Community Development
3.15.3 Parks and Recreation Department
3.15.4 Library
3.15.5 Convention and Visitors Bureau
3.15.6 Boards and Commissions
3.15.7 City Staff
3.16 Arts and Culture In Public Spaces Community Engagement Plan which outlines the roles
and participation levels of the following regional stakeholders:
3.16.1 Citizens
3.16.2 Business and Industry
3.16.3 Chamber of Commerce
3.16.4 Economic Development Partnership
3.16.5 Round Rock Independent School District and Higher Education institutions
3.16.6 Round Rock Area Arts Council
3.16.7 Existing area arts and culture non-profit groups
3.17 Guidelines as to the City's role in providing assistance with logistics and marketing
support for recommended programs.
3.18 Recommend how to reflect the City's history through arts and culture initiatives.
3.19 Strategy to attract and retain creative populations, to include artists, musicians, and their
respective audiences.
PART IV
ACCEPTANCE AND PAYMENT
1. NVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to
the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
Page 9 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
2. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed
or the day on which the City receives a correct invoice for the supplies, materials, equipment or
services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by the City in the event:
2.1. There is a bona fide dispute between the City and Vendor concerning the supplies,
materials, services or equipment delivered or the services performed that causes the
payment to be late; or
2.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
2.3. There is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and its suppliers concerning supplies, material, or equipment delivered or
the services performed which caused the payment to be late; or
2.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
3. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et ago., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, a( sea.
PART V
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The
Vendor shall employ all personnel for work in accordance with the requirements set forth by the
United States Department of Labor.
2. EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a
separate attachment to the bid. The sheet shall be labeled as such.
3. pAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property,
the workplace and its contents by its work, negligence in work, its personnel and equipment. The
Vendor shall be responsible and liable for the safety; injury and health of its working personnel
while its employees are performing service work.
4. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
5. PRICE: The contract price shall be firm for the duration of the contract or extension periods. No
separate line item charges shall be permitted for either bidding or invoice purposes, which shall
include equipment rental, demurrage, fuel surcharges, delivery charges, and cost associated with
obtaining permits or any other extraneous charges.
6. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not
an agent of, partner to, or representative of those outside agencies or entities and that the City of
Page 10 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
Round Rock is not obligated or liable for any action or debts that may arise out of such
independently -negotiated "piggyback" procurements.
7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient
to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year
in question. The City may effect such termination by giving Vendor a written notice of termination
at the end of Its then current fiscal year.
8. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract
and causes the City to purchase the services elsewhere may be charged the difference in service
If any and shall not be considered in the re -advertisement of the service and may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
9. COMPLIANCE WITH LAWS: The successful offeror shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
10. CODES. PERMITS AND LICENSES: The successful offeror shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful offeror shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
11. INDEMNITY: Vendor shall indemnify, save harmless and defend the City, its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents, servants and employees.
12. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
13. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the City
as identified in Attachment A to the specifications. Any additional insurance requirements of
participating or cooperative parties will be included as subsequent Attachments and shall require
mandatory compliance.
14. GOVERNING LAW: Any resulting agreement shall be govemed by and construed in accordance
with the Laws of the State of Texas.
15. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
11of12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
12 of 12
ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order resulting from a response to this bid/Soecification insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder. Its
agents. representatives. volunteers. employees or subcontractors.
1.1. Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
1.2. The following standard insurance policies shall be required:
1.2.1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
1.3. The following general requirements are applicable to all policies:
1.3.1. Only insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
Insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all Insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or Its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
Insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
insured's, (as the Interest of each Insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered malt:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for Injuries, Including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the Indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of insurance shall reference the project name, bid
number or purchase order number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City in the event of any change In coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction protects for a governmental
entity.
2.1.1. Certificate of coverage ('certificate') - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This Includes, without limitation, Independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. 'Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services' does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the project.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTOR'S current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar days after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project That they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all its employees
providing services on the project, for the duration of the protect;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage Is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
Page 3 of 4
2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
Page 4 of 4
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 10C1.
Agenda Caption:
Consider a resolution authorizing the Mayor to execute an Agreement for Professional
Planning, Design, and Consulting Services for Creation of Arts Strategic Plan and
Implementation Guide with H3 Hardy Collaboration Architecture, LLC.
Meeting Date: November 9, 2010
Department: Convention and Visitor's Bureau
Staff Person making presentation: Nancy Yawn
Item Summary:
The City of Round Rock submitted a Request for Proposal for the development of an Arts & Culture in Public Spaces
Strategic Plan. Eight companies responded to the Request for Proposal. The Selection Committee made up of seven
departments reviewed the responses and recommends H3 Hardy Collaboration Architecture, LLC for this project.
Strategic Plan Relevance:
11.0 Maintain and enhance efforts to align and partner with key groups that bring value to the City.
Cost: $57,100
Source of Funds: Hotel Occupancy Tax & SFC
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL PLANNING, DESIGN, AND CONSULTING SERVICES FOR
CREATION OF ARTS STRATEGIC PLAN AND IMPLEMENTATION GUIDE
WITH H3 HARDY COLLABORATION ARCHITECTURE. LLC.
THIS AGREEMENT (the "Agreement") is made by and between the City of Round
Rock (the "City), a Texas home -rule municipal corporation with offices located at 221 East Main
Street, Round Rock, Texas 78664-5299, and H3 Hardy Collaboration Architecture, LLC (the
"Consultant"), with offices located at 902 Broadway, New York, New York 10010.
This Agreement is for professional consulting services for creation of the "Arts and
Culture in Public Space" Strategic Plan and Implementation Guide, and relates to developing a
progratnmatic plan, physical plan, and financial plan leading to a comprehensive ten-year
strategic plan and implementation guide to define the role of the City in supporting arts and
culture in public spaces to accomplish the City's broader goals.
RECITALS:
WHEREAS, the City has determined that there is a need for the delineated services; and
WHEREAS, the 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 one (1) year from the effective date of this
Agreement.
The 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.
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1.02 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by the
Consultant, the City agrees to pay the Consultant a total sum not to exceed Fifty-seven Thousand
One Hundred and No/100 Dollars ($57,100.00), in payment for services and the Scope of
Services deliverables as delineated in Exhibit "A" and herein in Section 1.03. This Agreement
does not contain any authorization for the Consultant incurring nor for the City paying for any
reimbursable expenses.
1.03 SCOPE OF SERVICES
For purposes of this Agreement, the Consultant has issued its Scope of Services for the
assignments delineated herein, and such Scope of Services is recited in Exhibit "A" attached
hereto and incorporated herein by reference for all purposes. This Agreement shall evidence the
entire understanding and agreement between the parties and shall supersede any prior proposals,
correspondence or discussions. The Consultant shall satisfactorily provide all services and
deliverables described under the referenced Scope of Services within the contract term specified
in Section 1.01. The Consultant's undertakings shall be limited to performing services for the
City and/or advising the City concerning those matters on which the Consultant has been
specifically engaged. The Consultant shall perform its services in accordance with this
Agreement and in accordance with the referenced Scope of Services. The Consultant shall
perform its services in a professional and workmanlike manner.
The Consultant shall not undertake work that is beyond the Scope of Services set forth in
Exhibit "A" and in this Section 1.03. 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; NO REIMBURSABLE EXPENSES
Payment for Services: In consideration for the consulting services to be performed by
the Consultant, the City agrees to pay the Consultant, on a fixed -fee basis, the following:
Fees for the listed deliverables in the total amount of $57,100.00 shall be paid by the City
monthly as billed based on the percentage of work complete, and based additionally on delivery
of all products at the end of each task and upon the City's acceptance of same.
No Payment for Reimbursable Expenses: This Agreement does not contain any
authorization for the Consultant incurring or for the City paying for any reimbursable expenses.
Not -to -Exceed Total Payment for Services: Unless subsequently changed by
Supplemental Agreement, the Consultant's total compensation for consulting services hereunder
shall not exceed $57,100.00. This amount represents the absolute limit of the City's liability to
the Consultant hereunder unless same shall be changed by Supplemental Agreement, and the
City shall pay, strictly within the not -to -exceed sum recited herein, the Consultant's professional
fees for work done on behalf of the City.
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Deductions: No deductions shall be made for the Consultant's compensation on account
of penalty, liquidated damages or other suns withheld from payments to the Consultant.
Additions: No additions shall be made to the Consultant's compensation based upon
project claims, whether paid by the City or denied,
1.05 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by the City Council or by the City Manager, if the 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. The
Consultant shall not perform any work and the Consultant shall not incur any additional costs
prior to the execution, by both parties, of such Supplemental Agreement. The Consultant shall
make no claim for extra work done or for materials furnished unless and until there is full
execution of any Supplemental Agreement, and the City shall not be responsible for actions by
the Consultant nor for any costs incurred by the Consultant relating to additional work not
directly authorized by Supplemental Agreement.
1.06 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive monthly payment for satisfactory delivery of deliverables, the
Consultant shall prepare and submit detailed progress invoices to the 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 the Consultant shall be made on the basis
of the invoices submitted by the Consultant and approved by the City. Such invoices shall
conform to the schedule of services and costs in connection therewith.
Should additional backup material be requested by the City relative to service
deliverables, the Consultant shall comply promptly. In this regard, should the City determine it
necessary, the Consultant shall make all records and books relating to this Agreement available
to the City for inspection and auditing purposes.
Payment of Invoices: The City reserves the right to correct any error that may be
discovered in any invoice that may have been paid to the Consultant and to adjust same to meet
the requirements of this Agreement. Following approval of an invoice, the City shall endeavor to
pay the 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 the Consultant be
entitled to receive interest on payments which are late because of a good faith dispute between
the Consultant and the City or because of amounts which the City has a right to withhold under
this Agreement or state law. The City shall be responsible for any sales, gross receipts or similar
taxes applicable to the services, but not for taxes based upon the Consultant's net income.
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1.07 REQUIRED DRAFT REPORTS AND FINAL REPORT
The Consultant agrees to provide the City with draft reports and a detailed final written
report, together with all information gathered and materials developed during the course of the
project. Additionally, the Consultant agrees to provide any necessary oral presentations of such
written reports, at the City's designation and at no additional cost to the City.
Upon the City's request, the Consultant agrees to provide the City with additional bound
copies of the final written report, with one (1) additional unbound copy being delivered which is
suitable for making additional copies at the sole election of the City. The Consultant shall also
deliver two (2) reproducible CDs to the City, all at no additional cost to the City.
1.08 LIMITATION TO SCOPE OF WORK
The Consultant and the City agree that the Scope of Services to be performed is
enumerated in Exhibit "A" and in Section 1.03 herein, and may not be changed without the
express written agreement of the parties. Notwithstanding anything herein to the contrary, the
parties agree that the City retains absolute discretion and authority for all funding decisions, such
to be based solely on criteria accepted by the City which may be influenced by but not be
dependent on the Consultant's work.
1.09 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It is understood and
agreed that the City shall have the right to terminate this Agreement at the end of any City fiscal
year if the governing body of the City does not appropriate funds sufficient to purchase the
services as determined by the City's budget for the fiscal year in question. The City may effect
such termination by giving the Consultant a 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, any payment to be
made by the City to the Consultant will be made within thirty (30) days of the date the City
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed, or the date the City receives a correct invoice for the goods or
services, whichever is later. The 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 the City in the event:
(a) There is a bona fide dispute between the City and the Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
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(b) There is a bona fide dispute between the 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; or
(c)
The terms of a federal contract, grant, regulation, or statute prevent the City
from making a timely payment with federal funds; or
(d) The invoice is not mailed to the 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 the Consultant that the City may terminate
this Agreement for the convenience of the City, upon fifteen (15) days' written notice to the
Consultant, with the understanding that immediately upon receipt of said notice all work being
performed under this Agreement shall cease. The Consultant shall invoice the City for work
satisfactorily completed and shall be compensated in accordance with the terms hereof for work
accomplished prior to the receipt of said notice of termination. The 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 the City upon termination of this Agreement, and shall be
promptly delivered to the City in a reasonably organized form without restriction on future use.
Should the City subsequently contract with a new consultant for continuation of service on the
project, the Consultant shall cooperate in providing information.
Termination of this Agreement shall extinguish all rights, duties, and obligations of the
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 in this section shall require the City to pay for any work which it
deems unsatisfactory or which is not performed in compliance with the terms of this Agreement.
Default: Either party may terminate this Agreement, in whole or in part, for default if
the party provides the other party with written notice of such default and the other fails to
satisfactorily cure such default within ten (10) business days of receipt of such notice (or a
greater time if agreed upon between the parties).
If default results in termination of this Agreement, then the City shall give consideration
to the actual costs incurred by the Consultant in performing the work to the date of default. The
cost of the work that is useable to the City, the cost to the City of employing another firm to
complete the useable work, and other factors will affect the value to the City of the work
performed at the time of default. Neither party shall be entitled to any lost or anticipated profits
for work terminated for default hereunder.
5
The termination of this Agreement for default shall extinguish all rights, duties, and
obligations of the terminating Party 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 in this section shall require the City to pay for any work which it
deems unsatisfactory, or which is not performed in compliance with the terms of this Agreement.
1.12 INDEPENDENT CONTRACTOR STATUS
The Consultant is an independent contractor, and is not the City's employee. The
Consultant's employees or subcontractors are not the 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. The Consultant and the City agree to the
following rights consistent with an independent contractor relationship:
(1) The Consultant has the right to perform services for others during the term hereof.
(2) The Consultant has the sole right to control and direct the means, manner and
method by which it performs its services required by this Agreement.
The Consultant has the right to hire assistants as subcontractors, or to use
employees to provide the services required by this Agreement.
(4) The Consultant or its employees or subcontractors shall perform services required
hereunder, and the City shall not hire, supervise, or pay assistants to help the
Consultant.
(3)
(5)
Neither the Consultant nor its employees or subcontractors shall receive training
from the City in skills necessary to perform services required by this Agreement.
(6) The City shall not require the Consultant or its employees or subcontractors to
devote full time to performing the services required by this Agreement.
Neither the 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 the City.
(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 the City nor the Consultant shall offer employment to or
shall employ any person employed then or within the preceding twelve (12) months by the other
or any affiliate of the other if such person was involved, directly or indirectly, in the perforrnance
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.
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1.14 CITY'S RESPONSIBILITIES
Full information: The City shall provide full information regarding project
requirements. The City shall have the responsibility of providing the Consultant with such
documentation and information as is reasonably required to enable the Consultant to provide the
services called for. The City shall require its employees and any third parties who are otherwise
assisting, advising or representing the City to cooperate on a timely basis with the Consultant in
the provision of its services. The Consultant may rely upon written information provided by the
City and its employees and agents as accurate and complete. The Consultant may rely upon any
written directives provided by the City or its designated representative concerning provision of
services as accurate and complete.
Required materials: The Consultant's performance requires receipt of all requested
information reasonably necessary to provision of services. The City shall furnish information
which includes but is not limited to items delineated in Exhibit "A." The Consultant agrees,
within ten (10) days of the effective date of this Agreement, to provide the 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 the City for use by the
Consultant in connection with services to be performed under this Agreement, and any and all
data and information gathered by the Consultant, shall be held in confidence by the 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 the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to the City is confidential information of the
City. The 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 the Consultant is confidential information of the Consultant.
The City's confidential information and the Consultant's confidential information is collectively
referred to as "Confidential 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 of the confidential nature of the Confidential Information and of the prohibitions
herein.
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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
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 with prompt
written notice and allows the other party to seek a restraining order or other appropriate relief.
Subject to the Consultant's confidentiality obligations under this Agreement, nothing
herein shall preclude or limit the Consultant from providing similar services for other clients.
Neither the City nor the 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, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); and
the 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 the Consultant either prior to or as a result of its provision of
services under this Agreement (other than the Deliverables). The Consultant's working papers
and the Consultant's Confidential Information (as described herein) shall belong exclusively to
the Consultant. The City shall have a non-exclusive, non -transferable license to use the
Consultant's Confidential Information for the 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 LIMITATION OF LIABILITY
Should any of the Consultant's services not conform to the requirements of the City or of
this Agreement, then and in that event the City shall give written notification to the Consultant;
thereafter, (a) the Consultant shall either promptly re -perform such services to the City's
satisfaction 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 the Consultant be liable for any loss, damage, cost or expense
attributable to negligence, willful misconduct or misrepresentations by the City, its directors,
employees or agents.
8
In no event shall the Consultant be liable to the City, by reason of any act or omission
relating to the services provided under this Agreement (including the negligence of the
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 the
City to the Consultant under this Agreement, except to the extent determined to have resulted
from the Consultant's gross negligence, willful misconduct or fraudulent acts relating to the
service provided hereunder.
1.17 INDEMNIFICATION
The Consultant and the City each agree to indemnify, defend and hold harmless the other
from and against 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 property to
the extent arising out of the indemnitor's negligence in the performance of this Agreement.
The Consultant agrees to indemnify, defend and hold harmless the 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 navies alleged
to have occurred and arising from the deliverables provided by the Consultant to the City in
connection with the performance of this Agreement. Should the City's use of such deliverables
be determined to have infringed, the Consultant may, at its option: (i) procure for the 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
is or would be available on a basis that is commercially reasonable, then the Consultant may
terminate this Agreement, the City shall return such deliverables provided, and the Consultant
will refund to the City the fees paid for the deliverables provided. This infringement indemnity
does not cover claims arising from the combination of such deliverables with products or
services not provided by the Consultant; the modification of such deliverables by any person
other than the Consultant; deliverables complying with or based upon (1) designs provided by or
at the direction of the City or (2) specifications or other information provided by or at the
direction of the City; or use of systems, materials or work performed in a manner not permitted
hereunder or by another obligation of the City to the 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 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.
1.18 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
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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.
1.19 LOCAL, STATE AND FEDERAL TAXES
The Consultant shall pay all income taxes, and FICA (Social Security and Medicare
taxes) incurred while performing services under this Agreement. The City will not do the
following:
(1)
Withhold FICA from the Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on the
Consultant's behalf; or
(3)
Withhold state or federal income tax from any of the Consultant's payments.
If requested, the City shall provide the 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.
1.20 INSURANCE
Insurance. The Consultant, at the 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 the City.
Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
the Consultant, the Consultant shall require each subconsultant performing work under this
Agreement to maintain during the term of the Agreement, at the subconsultant's own expense,
the same stipulated minimum insurance required in the immediately preceding paragraph,
including the required provisions and additional policy conditions as shown below. As an
alternative, the Consultant may include its subconsultants as additional insureds on its own
coverages as prescribed under these requirements. The Consultant's certificate of insurance shall
note in such event that the subconsultants are included as additional insureds.
The Consultant shall obtain and monitor the certificates of insurance from each
subconsultant in order to assure compliance with the insurance requirements. The Consultant
must retain the certificates of insurance for the duration of this Agreement, and shall have the
responsibility of enforcing these insurance requirements among its subconsultants. The 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:
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(1)
Each policy shall require that 30 days prior to expiration, cancellation, non -renewal
or any material change in coverage, a notice shall be given to the City by mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
The Consultant shall also notify the City, within 10 days 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 the City for
payment of any premiums or assessments for any deductibles which all are at the
sole responsibility and risk of the 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 designated 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 the City, to any future coverage, or to the City's Self -Insured
Retentions of whatever nature.
(5)
The Consultant and the City mutually waive subrogation rights each may have
against the other for loss or damage, to the extent same are covered by the proceeds
of insurance.
Cost of Insurance. The cost of all insurance required herein to be secured and
maintained by the Consultant shall be borne solely by the Consultant, with certificates of
insurance evidencing such minimum coverage in force to be filed with the City.
1.21 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
The 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. The 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 the City at the expiration of the term of this
Agreement.
1.22 FINANCIAL INTEREST PROHIBITED
The Consultant covenants and represents that the Consultant, its officers, employees,
agents, consultants and subcontractors will have no financial interest, direct or indirect, in the
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purchase or sale of any product, materials or equipment that will be recommended or required
hereunder.
1.23 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Cindy Demers
Assistant City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Telephone: 512-218-5435
Email: cdemers@round-rock.tx.us
The Consultant hereby designates the following representative authorized to act in its
behalf with regard to this Agreement:
Steven Stainbrook, AICP
Project Manager, H3 Hardy Collaboration Architecture, LLC
902 Broadway
New York, New York 10010
Telephone: 212-677-6030 x 246
Email: sstainbrook@h3hc.com
1.24 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
(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 the Consultant:
Steven Stainbrook, H3 Hardy Collaboration Architecture, LLC
902 Broadway
New York, New York 10010
Notice to the City:
City Manager, City of Round Rock
221 East Main Street{ TC \12 "}
Round Rock, TX 78664
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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 the City and the Consultant.
1.25 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.
1.26 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
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.
1.27 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,
the City shall select one mediator and the Consultant shall select one mediator and those two
mediators shall agree upon a third mediator. Any costs and fees, other than attorney fees,
associated with the mediation shall be shared equally by the parties.
The City and the 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.
1.28 FORCE MAJEURE
Notwithstanding any other provisions hereof to the contrary, no failure, delay or default
in performance of any obligation hereunder shall constitute an event of default or 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,
13
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.
The Consultant shall not be deemed to be in default of its obligations to the City if its
failure to perform or its substantial delay in performance is due to the City's failure to timely
provide requested information, data, documentation, or other material necessary for the
Consultant to perform its obligations hereunder.
1.29 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 section shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined
void.
1.30 STANDARD OF CARE
The Consultant represents that it is specially trained, experienced and competent to
perform all services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by the Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
1.31 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.
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. The City agrees to provide the Consultant with one fully executed
original.
14
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:
/L -
Adv► kAcQvit�V
JUcl.to
For City, Attest:
By:
Sara L. White, City Secretary
For City, Ap r ved as to For
By:
4
:l', l 11.4,
Stepha . Sheets, City Attorney
113 Hardy Collaboration Architecture, LLC
By:
Printe , J 8- %Wit 1.Lk-5
Title: ' frjt r'N ,
Date Signed: I Q p -oto
15
H3
8 October 2010
Joy Baggett
City of Round Rock, Purchasing Department
221 East Main Street
Round Rock, Texas 78664-5299
Dear Ms. Baggett:
We are delighted to submit a revised letter of commencement towards formalizing an agreement between H3 Hardy
Collaboration Architecture, LLC (H3), and the City of Round Rock, Texas (City), for professional planning services to
complete the study entitled, 'The Ms and Cutture in Public Spaces Strategic Plan and Implementation Guide,"
Solicitation Number 10-027 and Specification Number 10-918-27.
Scope of Services
Described in the Scope of Services Proposal are five (5) tasks anticipated necessary to develop a programmatic plan,
physical plan, and financial plan in leading to a ten-year (10) strategic plan. The Strategic Plan is to prioritize near,
mid, and tonger term initiatives, provide funding strategies, and to provide a critical path towards Implementation.
Our Scope of Services Proposal should be considered an attachment to this letter.
Project Management
H3 will coordinate all work to be performed directly through a key city staff contact, defined as the 'Client Manager."
H3 will maintain regular contact with the Client Manager who will be responsible for schedule, approving work
products, disseminating information, and responding to information requests. In addition, we propose the City assist
H3 in forming 3 levels of oversight committees to support the planning process and ensure widespread consensus
for the plan.
• Steering Committee made up of professional City staff such as that of the interview committee to be involved in
all aspects of the project. Outside participants such as the Round Rock Arts Council may be part of the Steering
Committee if the City deems it appropriate. Individuals should be available to attend the scheduled meetings for
each scope of service task. (City Led Selection of Members)
Advisory Pane( that may include elected officials and select business or civic leaders. Members should be
solicited for input and kept informed of the plans progress on an individual basis. (City and H3 selection of
members)
We anticipate the panel will evolve into a group that serves as "cultural community champions" to shepherd the
plan as City partners well after its completion. H3 will help shape this team based on findings throughout the
study and draw upon select members of the Stakeholder Group to include as eventual participants.
■ Stakeholder Group should include a wide array of arts, culture, business, civic, and community members that
are identified for individual and/or group input and invited to all public workshops. H3 and the City will
collaborate In forming a master contact list. Space will be reserved and provided by the City for a two to three
day Interview process with select stakeholders. H3 will schedule interviews and facilities tours.
W HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 877 8030 Fax 212 979 0535 www.h3hc.com
EXHIBIT
nAn
Alternative approaches for City infrastructure to organize and operate arts and culture efforts will be explored during
Task 3 and finalized in Task 5. An initiatives matrix outlining near, mid, and longer term action items will include
critical paths, timelines, and responsibilities.
Base Information
As soon as possible or at minimum within two weeks prior to the protect kickoff meeting, the City will provide
electronic copies of all previous studies outlined in the request for proposals and any additional information that
would support our endeavor. The following computer files would be very helpful on CD's:
• Downtown Master Plan (Adobe, GIS, and AutoCAD drawing files)
• City GIS files (shape files etc... for base mapping purposes including location of all public assembly spaces)
• Aerial Photographs that may be more current than available on Google Earth Professional
Consultants
H3 Hardy Collaboration will serve as the prime contractor with sub -consulting services from Webb Management, Inc.
Fees
H3's services and costs, including those of our sub -consultant will be provided for the fixed sum of Fifty Seven
Thousand One Hundred Dollars ($57,100). Services will be billed on a monthly basis based on percentage of work
complete. Digital delivery of all products will be made at the end of each task and include for the Client Manager's
approval:
• Executive Summary Memorandum of Findings (2 page and supporting graphics)
• Power Point Presentation outlining all findings with annotated graphics, charts, and text. This document
may be printed and bound as a report.
Follow-up
H3 maintains contacts with past clients providing Input as collaborative partners. Our interest is in Round Rock's
successful implementation of the plan well after the project's completion and we will be available for consultation.
Additional Services
Additional services such as fundraising materials, presentation models, architectural renderings, additional special
consultants, and services other than those outlined will be In addition to Basic Services as they have been outlined.
Fees for these services will be developed in coordination with the Client and will not proceed without prior
authorization.
Schedule
Upon signing of the contract we anticipate project completion four months from the Project Kickoff Meeting,
Stakeholder Interviews, and facilities tour. Completion date may vary based on the holidays' affect on public
participation and availability of Steering Committee members. The schedule requires a timely response to Task
Findings by the Client Manager. Below are key events that are date sensitive and will require coordination and
adjustment:
- City Legal Department Finalizes Contract (October 28th)
H3 Reviews
- Council Meeting to Approve Contract November 11th /23rd - H3 will attend
City Tour and Project Startup Background Meetings
H' HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 677 6030 Fax 212 979 0535 www.h3hc.com
- Project Steering Committee Kickoff Meeting 1 (Early of December)
Stakeholder Interviews and Facility Tours
- Steering Committee Meeting 2 (Early January)
Community Coffee / Open House
- Project Steering Committee Meeting 3 (Early February 2011)
Community Visioning Workshop
- Project Steering Committee Meeting 4 (End February 2011)
Arts Roundtable Discussion - location TBD
- Project Steering Committee 5 (Mid March)
- Project Steering Committee Meeting 6 (End March)
- Public Presentation (First of April 2011)
We are very pleased to have worked through the project commencement understanding and will await receiving the
contract from your legal department.
Respectfully,
LYNA4-
John FontilIas. AIA, LEED AP,
Partner
H' HARDY COLLABORATION ARCHITECTURE LLC
902 Broadway New York New York 10010 Tel 212 677 6030 Fax 212 979 0535 www.h3hc.com
31 August 2010
Proposal
City of Round Rock
Arts and Culture in Public Spaces
Strategic Pian and Implementation Guide
So&4I tion 110.027
Spoancauon 110-918.27
113 HARDY COLLABORATION ARCHITECTURE, LLC
in association with man '11!hent
Proposal for Consultant Services to
Create the Arts and Culture In Public Space
Strategic Plan and Implementation Guide
Solicitation Number: 10-027
Specification Number: 10-918-27
H3 Hardy Collaboration Architecture, LLC
902 Broadway, 19th Floor
New York, New York 11201
t. 212.677.6030
John Fontillas, AIA, LEED AP, Parfner
t. 212.677.6030 x228
e. jfontillas@h3hc.com
Steven Stainbrook, ACP, Project Manager
t. 212.877.6030 x246
e. sstainbrook@h3hc.com
31 August 2010
in
man g
7.,tn
31 August 2010
Joy Baggett
Purchasing Department
City of Round Rock
221 East Main Street
Round Rock, Texas 78664.5299
Dear Ms. Baggett:
H3 in partnership with Webb Management Services, inc., is enthusiastic in submitting our proposal for
the City's Arts and Culture Strategic Plan and Implementation Guide. As a firm we have completed
nearly 200 arts and cultural projects across the country, 20 in association with Webb Management, and
20 have been large -scaled strategic and cultural district master plans. Our office has completed 16
projects In Texas including the Dallas Cultural Facilities Master Flan and we currently completing a new
facility and campus for the Botanical Research Institute of Texas in Forth Worth.
While experience has provided our team with a proven methodology, our process is such that results
are a reflection of a community's unique sense of place. Based on our two-day visit to Round Rock,
your informative pre-bid meeting, and review of previous studies it appears that the City's success
has outpaced Its arts and cultural fife. In the last 20 years Round Rock has shifted from a bedroom
community for Austin to a place people work, live, and recreate. Pivotal to this has been a strong
economic development program, convenient transportation access, attractive residential communities,
and close proximity to retail and entertainment services. Much of this activity has been on the far
outskirts of downtown Round Rock and its historic core. Despite this decentralized development pattern
the pedestrian friendly downtown area is an invaluable, Intact asset. There is an untapped communal
spirit that we experienced at the Star Co. Coffee and Cafe over lunch and while attending a Sunday late
afternoon performance at the Baca Center amphitheater.
We concur with your 2010 Downtown Master Pfan that sensitive, mixed-use infill of the downtown
and strategic development of 14 -acres of vacant land is the right step towards creating a thriving town
center core. Streets, parks, and public space with the presence of arts and culture are fundamental
in making great communal places. There is tremendous opportunity to concentrate dispersed and
makeshift performance venues like the Shoreline Church into a well connected cultural necklace within
the approximate 900 -acre master planned core. The 30 -acre historic center and new development in
the Southwest Main Street area provides a solid framework from which to extend a series of "public art
events'. Distinct sub -centers from the Palm Valley Boulevard cluster, through Brushy Creek, and down
to the Union Pacific railway line could offer discrete themes or programs . Public investment in a vibrant
arts environment is critical in bringing the town center concept to fruition, fill the city's outpaced cultural
gap, attract a competitive workforce, and ensure that Round Rock is a destination of choice.
113 HARDY COLLABORATION ARCHITECTURE, LLC
902 Brnadvray. 15th Floor New Yo,k. NV 10010
212,677,6030 www.h3hc.com
'.b: F'f? MANAGEMENT
350 Fifth Avenue, Suite 4005 New Ycrk, NV 10118
1. 2f 2.920.50.10 www.webbmgmt.com
t
Our team working closely with the city, Round Rock Arts Council, existing arts organizations, and with public
Input will provide an aggressive Implementable set of near, mid, and longer tern Initiatives, The action plan will
evolve out of findings from an arts and culture Inventory and a market scan of the existing cultural community,
estimated demand and leakage, and potential private -public development partnerships with art components.
Our team will not limit estimates to the existing needs assessment, but also took to best practices in leveraging
new demand taking Into account growth trends and Round Rock's unique position in the region. We believe
this challenging protect can lead to outcomes that create civic pride, differentiate the city within the region, and
guide sustainable economic development through the power of the arts. We would enjoy the opportunity to
discuss this important project with you.
Respectfully,
John Fontlllas, AIA, LEED Steve Stainbrook, AICP
Partner Project Manager
Team Organization
Round Rock Arts Cound
Key Stakeholders j
City of Round Rock
rproject Steering Committee ___ Cindy De ners
— C_ Assistant City Manager
Hugh Hardy, FAIAi_.
Arts Advisor
/113 / man` Rent W1
John Fontilias, AIA, LEED AP --JDuncan Webb, CMC
Partner -In -Charge Principal -In -Charge
Steven Stalnbrook, AICP
Project Manager
Eric Galipo, AICP, LEED AP
Project Planner
41
Carrie Blake
Project Manager
Liz Bloomfield
Project Planner
culhaal and economic
planning and design team planning team
J
3
Project Understanding, Methodology, and Approach
Ms District, New Haven, Connecticut
Understanding the Assignment
The City of Round Rock Is requesting
professional planning, design,
and cultural consulting services in
developing the Ms and Culture In
Public Spaces Strategic Plan and
implementation Guide In supporting
the city's strategic vision to be the
'City of Choice. While there have
been recent successes with the Round
Rock Area M Council's opening of
ArtsSpace on East Main Street and a
refined public grant mechanism for local
organizations, overall efforts to enhance
the community's cultural experience
have been fragmented. The Round
Rock Community Choir, Sam Bass
Community Theater, and Symphony
will receive public financial support, but
several key artistic groups did not meet
guidelines or respond, exasperating the
city's efforts. Penloid Theater Company
is currently presenting an abridged
version of Shakespeare at the Round
Rock Amphitheater, but their desire
to lease vacant building space for a
downtown theater has been slowed
by a financial Impasse over fair value.
Penfold is also interested in eventually
building a new facility near the multi-
modal, mixed-use transit center as
outlined in the 2010 Downtown Master
Plan, but would require a significant
fund raising campaign.
The Strategic Plan and Implementation
Guide is Intended to better coordinate
efforts tike these and coalesce
ambitions of the arts community more
effectively. It will assist the city in
arriving at a formalized community
vision through an extensive stakeholder
outreach process In concert with the
Round Rock Area M Council and
potential public-private partnerships.
The visioning process will be informed
13
by understanding what differentiates
the city physically and culturally,
understanding the market, and providing
best practices insight based on
successes elsewhere. A clear action
plan will be generated with near, mid,
and longer term initiatives that respond
to specific objectives generated from
the overall vision. Ultimately, the plan
Is to leverage arts and culture as a
tool for economic and community
development, while enhancing the
quality of Ills for residents and
visitors.
Methodology
While our teams experience provides
a proven methodology, our process
allows for results that are a reflection of
a community's unique sense of place.
Both 1-13 and Webb Management firmly
believe that 'one size does not fit air;
each project is viewed with a fresh set of
eyes. We do not have all the answers.
Every task outlined in the scope of
services provided in this proposal will be
filtered through 5 community elements
in a cyclical and knowledge based
process. The process relies as heavily
on conversations as it does state-of-
the-art data gathering and mapping
techniques. A wide variety of community
and stakeholder workshops include open
houses, community coffees, interactive
planning sessions. surveys, and dynamic
presentations with sophisticated graphic
simulations. Above all our team starts
each project by listening and forming a
collaborative working relationship with
our clients. The only thing certain with
a strategic pian and implementation
guide is change, and the process
must be flexible enough In making
recommendations to encourage and
allow for new opportunities as they arise.
Frequent communication, access to a
H3
protect Information web -based cloud,
and frequent visits by our team are the
norm.
A few beliefs inherent In our
methodology include:
• A strategic and implementation
plan for cultural programming,
events, public art, and facilities must
understand how improvements in
one area may affect the activities
or operations of another. The plan
must address the arts as a 'cultural
system' that fosters synergy and
artistic interaction while minimizing
conflict and competition.
METHODOLOGY
We do not have all the answers. Every task Is filtered through
5 elements in a cyclical and knowledge based process.
Understanding
' Aound gook spirit of Ptecs °
( (Anti* and ehi.le 10160cte1W4, ' •
oeniin4, Pr rerpnceti depted nimiS
Critical Issue + Trends
City of pound Rock.`
Clnd/ ti«,ixrs ProleM 0.404.0;
comnxraa a.cr.aonkwe:esl0
Vision + A/ ticipated Gaps
Round Flocft Ar1N1'Arts Council
Key t8tekehokbre
Alternative
CommunityInput
Synthesis - Action •Pan
Arta Infraatruoturo rindY
Development Framework'
113
14
• The arts must be seen as part of a
larger mix of development program
that add value, white enhancing
the quality of lite for residents and
visitors. Creating successful places
that are anchored by cultural and
art institutions can facilitate public-
private partnerships that would
otherwise not be feasible.
The decision on what programs or
facilities to support should be based
on careful consideration of four key
issues: (1) potential audiences; (2)
likely uses and users; (3) how new
programs, public art, or facilities
relate to existing inventory in the
region and, finally, (4) what benefits
and impacts new arts initiatives
might have on their communities.
The study must be inclusive,
providing ample opportunities for
key constituents to have a voice and
role in the enhancement of existing
facilities, and the development of
new ones.
Approach
The services described in this
qualifications package are based on an
approach H3 and Webb Management
have developed and employed
successfully in a number of other
communities. While development of
Round Rock's artistic environment
Is at the core of this plan, achieving
private sector interest will be a
necessary tool to transform many of the
objectives Into a reality. Our team has
significant experience not only creating
successful places that are anchored
by cultural and art institutions, but also
facilitating public private partnerships
that implement these types of
developments. The following are key
pieces of that approach tailored for the
City of Round Rock.
The development action plan initiatives
should be aspirational, but also
grounded in real estate, financial, and
cultural market realities. The plan should
also recommend strategies for local
and regional cultural organizations to
develop partnerships that will enhance
and potential expand the economic and
financial opportunities that are currently
available.
• Successful cultural development
must be sensitive to the existing
fabric and integrate within the
surrounding community.
• The protect must seek alignment of
interest between the public sector's
objectives and private -sector's
interests in order to implement a
successful partnership.
• The case for arts and cultural
facilities must address demand from
audiences and facility users relative
to the quality and supply of existing
facilities. In addition, expanded
facilities will make sense if the arts
and culture are seen as a way
for the region to achieve broader
goals. Thus our first challenge is
to understand demand and supply
Issues, as weil as the potential
role of the arts in community
development.
• Physical, operating and financial
perspectives are critical and Inter-
related. The study must bring these
perspectives to bear on the basic
question of what facilities wilt best
serve Round Rock and the region
and how will they be sustained.
• The process must be as inclusive
and open as possible, encouraging
all voices to be heard.
• The experience of other institutions,
communities and organizations can
help to build a compelling case on
how to develop and operate cultural
facilities, if understood against the
particular qualities and character of
Round Rock.
• Our studfes and reports are
developed in close collaboration
with our clients. On each visit to the
community, we report on what we
have learned to date and work with
our client to understand the meaning
and Implications of that research.
• Studies are not Intended to sit on a
bookshelf, but rather to be well -
used guides and roadmaps for those
charged with transforming ideas into
reality.
Scope
H3 and Webb Management have
custom tailored our proposed project
scope based on those services
requested and required deliverables.
Based on our review of previous
studies, the pre-bid meeting, and
our two-day visit to Round Rock we
suggest select additions, clarification,
and an intensive series of 5 workshops
and a minimum of 6 steering committee
or project manager meetings. We
suggest the study be organized into
5 tasks beginning in October of 2010
with completion in April of 2011. If the
City finds it advantageous for an earlier
completion date our team is prepared
to completed the study in 4 months.
Prior to commencing work H3 will
work closely with the city to refine the
scope as part of the kickoff meeting.
Based on our previous experience with
projects of a similar nature workshops
will be part of `Round Rock Days"
where our team arrives on a weekday
afternoon and departs the following
evening maximizing our time on the
ground.
Our scope of services narrative has
been kept brief with respect to the
RFP's page limit and our detailed
15
schedule with task by hours matrix that
appears at the end of this section.
TASK 1: Existing Conditions
1.1 Review of Previous Materiala: A
review of previous studies as outlined
In Part 1 of the request for proposals
will be made. In addition, our team will
scan for arts related plans underway
in adjacent municipalities and include
recent data that has been assembled
from our current work with the Long
Center In Austin. Work underway in
the Immediate region that may impact
Round Rock's future pians will be
noted.
1.2 Project Kickoff Meeting
and Workshops: H3 and Webb
Management suggest in addition to the
Assistant Town Manager that a project
steering committee be formed made
up of elected officials and professional
staff. The Round Rock Arts Council
should be an integral part of any
committee. Based on our findings
In Task 1.1 our team will present a
common elements analysis and key
Issues that we believe most pertinent to
the study. A final review and refinement
of the protect scope will be made, key
events scheduled, and a system for
dissemination of Information agreed
upon.
Stakeholder Interviews: Following the
project kickoff meeting we will begin
individual stakeholder interviews with
representatives or civic leaders in the
arts. Ono -on -one informal discussions
will also be held with public officials and
private development entities.
Community "Coffee' Open House:
An informational community open
house will be held announcing the
commencement of the arts and culture
H3
H3
study. information will be provided via
large-scale graphic panels describing
the purpose of the project, expected
outcomes, examples of similar projects,
and a schedule. A sign -in sheet will
be used to gather a Ilst of interested
community members for direct contact
later in the project. Comment sheets
will be organized Into specific topics to
solicit early input.
1.3 Review:
1.31 Physical and Cultural
Dlfferentlatton: Based on findings In
the 2010 Downtown Master Plan and
our team's visual and mapping survey
we will use the 3 elements of urban
design: buildings, Infrastructure,
and open space to articulate Round
Rock's unique character and prevailing
development patterns. Character
zones will be defined base on historic
building stock, density, block patterns,
ground Level uses, and circulation. As
part of the thls task community goals,
benefits & Impacts in the relative to arts
and culture will be assessed.
Community Goals. Benefits & Impacts:
Assess the potential impacts and
benefits of additional cultural activity
and new and/or improved cultural
facilities on Round Rock and the region
as a whole. Determine how new
initiatives can play a role in broader
community goals, including such issues
as downtown development,
economic Impact, educational
opportunities and cultural tourism, and
how these various relationships affect
demand for facilities and programs.
1.32 Arts and Culture Inventory: Webb
Management with H3 and the City of
Round Rock's support will visit facilities,
interview facility operators and users,
i5
and conduct secondary research to
create comprehensive inventories for
the community s cultural resources,
including facilities that regularly
accommodate formal cultural activity.
Detail will include size/capacity, physical
facility features, program content,
quality and other key aspects. We wilt
utilize all of this information to assess:
o How existing facilities and resources
support commercial and non-profit
arts and business organizations.
o How resources support audience
participation and community
Involvement.
o How various types of gaps in the
inventories are limiting opportunities
for activity, programming, teaching
and audience participation.
1.33 Base Map Preparation. H3 will
create a series of composite maps at
a regional, city, and downtown scale
using the city's GiS data, aerial maps,
and those generated from previous
studies such as the 2010 Downtown
Master Pian. Base maps will be used
throughout the project for analysis,
1.34 Preliminary Market Scan: Based
on our current experience In the region,
as well as more detailed research and
analysis specific to the Round Rock
community, describe and understand
the resident and visiting markets for arts
and culture in the short, medium and
long term in terms of market size and
characteristics and potential relevant to
cultural attendance and participation.
Consider potential for community
arts support in light of trends toward
more participatory engagement. Md
evaluate the strengths and weaknesses
of the market area based on research
into national trends in arts participation.
Cultural MaQpjpg: Synthesize and
consolidate existing and newly
collected Information on Round Rock's
cultural resources to fit within a set of
cultural asset categories. Examine
this framework and geographically
map resources to understand their
relationship to each other and to a
set of population and demographic
characteristics. Examine the
framework and discuss existing and
potential cultural diversity in support
of economic, social and community
development.
Demand Estimates: Meet with and
survey local arts organizations,
presenters, educators, and community
leaders to assess their use of
existing spaces and demand for arts
and cultural facilities and related
infrastructure and programs to support
sector growth. Prepare an activity
profile listing specific types and
estimates of demand for space.
1.4 Steering Committee Meeting: At
the conclusion of Task 1 our team
will meet with the steering committee
to present our observations, garner
feedback, and discuss next steps.
Meeting minutes will be maintained by
the City of Round Rock.
1.5 Memorandum of Findings: A
two page memorandum of findings
will be provided for Task 1 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 2: Arts and Culture Vision
2 1 Best Practices and Alternative
Approaches: Drawing on our own
experience In helping communities
across the country more effectively
support and enliven the arts our team
will present specific case studies and
a series of best practice principles
appropriate for Round Rock. Our team
will highlight various approaches to
nurturing, creating, and implementing
arts and cultural activity as discrete
public protects, community based
groups, nonprofit professional
organizations, and as part of an
integrated public-private development
efforts. H3 and Webb Management
have recently hosted and moderated
major arts and culture symposiums
attracting attendees with positions in
arts leadership from around the country
and will use them as a resource for this
study.
Comparable Cultural Communities: The
team will identify communities similar
in size and character to Round Rock
that have successfully developed and
supported creative economies and/or
cultural activities and programs similar
to those recommended. Specifically
discuss partnership strategies that have
led to sustainable cultural development
and facility operation. Also describe
facilites comparable to recommended
facility concepts in similar regions
around North America, including
information about size, components,
location, cost and keys to success, to
inform and validate the choices being
made for Round Rock.
2.2 Potential Funding Sources: Our
team is adept at identifying potential
funding sources at the federal, state,
county, and local levels. H3 as an
internationallyrenowned architectural,
historical preservation and urban design
firm that focuses on public and cultural
buildings, including development of
arts inspired open spaces, corridors,
and districts will use its experience in
17
assisting clients with significant private
sector fundraising efforts as part of this
10 year plan implementation guide.
Our team will draw upon experience in
developing complex strategic arts and
cultural plans that have secured funding
and generated economic and real
estate development.
2,3 SWOT Analysts: Based on findings
In Task 1, best practices, and review
of potential funding sources, H3 and
Webb Management will conduct a
strengths, weaknesses, opportunities,
and threats matrix to assist in guiding
the visioning process. Based on the
analysis describe opportunities with
potential to develop and sustain arts
and culture In Round Rock, Including
facilities within that discussion. If
appropriate. comment on facility needs
and improvements necessary to serve
the Round Rock constituency in the
short, medium and long term, include
detailed recommendations on sizes,
capacities, key components, levels of
flexibility and activity to be supported by
facilities. Then prioritize opportunities in
terms of demand and supply Issues and
the broader goals of the community.
2.4 Project Steering Committee
lv(gating: A presentation of findings to
date In Task 2 will be made followed by
a working session to finalize materials
for the Issues and Concerns Public
Workshop.
2.5 Public Workshop: Issues and
Concerns / Needs and Preferences: A
two part community workshop will be
held with a brief overview of our team's
findings to date and the "state of the
arts' in Round Rock. The second half
of the public forum will be dedicated
to better understanding the general
H3
public's issues, concerns, needs, and
preferences.
2.8 Draft Vision Statement Based on
findings above and working closely
with the Assistance City Manager,
Project Steering Committee, and the
Round Rock Arts Council, our team
will draft an overall vision statement
for strengthening and expanding the
arts In public spaces and as a tool for
leveraging the private sector's interest
in providing cultural related amenities.
The vision will be grounded in the
belief that reinforcing Round Rock's
unique sense of place through creative
environments Is critical In differentiating
it from adjacent communities. The
overall vision will be supported by areas
of focus accompanied by annotated
reference Images, mapping, and
graphics.
2.8 Arts and Culture Menu {Objectives)•
A menu of programs, events, public
art, planning strategies, and facilities
development will be created that best
support the vision. The menu will
include a range of objectives necessary
to achieve the vision.
2.8 Memorandum of Findings: A
two page memorandum of findings
will be provided for Task 2 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 3: Draft Action Pian -
initiatives
&t Grin Analvsls: Identify gaps, if
any, between existing and/or trending
conditions and objectives In Task
2. Our team with support of the City
will more closely examine potential
18
shortcomings that would hinder
successful implementation such as
infrastructure, linkages, financing,
timing, organizational capabilities,
poliitical dynamics, and physical
limitations.
3.2 Stakeholder Workshop. 'Arts and
Development Roundtable' Art and
cultural leaders will be invited to gather
as a follow-up to our Task 1 Interview
Process and discuss as a group aur
findings, draft vision plan, and potential
ways to close or ease gaps in achieving
the supporting objectives.
3.3 State Premise for Narrowing Gaps:
Certain objectives supporting the overall
vision may fall beyond the outlook of
this strategic pian and implementation
guide given existing conditions and
trends. Based on Input from the city,
key stakeholders, and the public,
planning efforts or initiatives outside
the realm of "arts and culture" may
be required to provide the necessary
conditions for gaps to be filled. A
premise for each of these should be
developed and included as part of the
Action Plan.
3.4 Initiatives: A matrix of initiatives will
be prepared organized in near, mid, and
longer term timeframes will be drafted.
Actions items may include public
policy, events, programming, public art,
attractions, master plan concepts, and
facilities.
Operating Scenarios: Identify, describe
and evaluate ownership, operating
and management models that may
be used to manage facilities and
programs identified as top priorities
within the plan. Consider options
such as management from within a
public infrastructure, leasing venues
to exclusive or non-exclusive facility
operators, and developing new entitles
or partnering with focal nonprofits or
commercial entities to management
programs or facilities. Address
governance structure, public level of
input and oversight, and relevant issues
such as community access, scheduling
and public events.
Funding: Develop a preliminary strategy
to raise funds for the implementation
of near, mid, and longer term initiatives
recommended in the action plan.
Identify potential financial sources from
local and regional government, federal
government, corporations, foundations
and Individuals for Administration,
programming, events, construction
and continuing operations of existing
and new facilities with the possibility
of a cultural district. Offer preliminary
guidance on the creation of a funding
plan, and how to use the study as a
fundraising tool.
3.5 Project Steering Committee
Meeting: A draft version of alternative
action pians with near, mid, and longer
term initiatives will be presented at the
steering committee meeting.
3.6 initiatives Concept Planning Imagery
and Mapping: A preliminary graphic
mapping and supporting imagery will be
provided in support of the action pian
matrix.
0.7 Memorandum of Findings: A
two page memorandum of findings
will be provided for Task 2 with an
accompanying PowerPoint presentation
with annotated graphics, charts, and
text.
TASK 4: Action Plan Evaluation
4.1 Action Plan Evaluation Criteria: A
final evaluation of the action plan (near,
mid, and longer term initiatives) will
use criteria that includes community
fit, demographic appeal in attracting
such segments as the 'creative class',
technical parameters, cost, timing,
and the ability to measure projects'
effectiveness.
Economic Imaact: Forecast the
economic impact of new and enhanced
facilities, as well as a potential cultural
district, including the impacts of
construction, operation and ancillary
spending associated with attendance
related to programming, public arts,
events, public policy, and facilities..
Estimate the direct and Indirect
impacts of initiatives on the Round
Rock market area, Including outputs,
increased earnings and employment.
(with assistance from the City of Round
Rock)
4.2 Project Steering Committee
Meeting: Present findings of action
plan evaluation and finalize Initiatives to
appear In action plan.
4.3 Refine Action Plan: Based on the
evaluation process and Input from
the steering committee complete final
revisions to the action plan.
TASK 5: Recommendations
5.1 Executive Summary
5.2 initiatives Mapping and Concept
imagery
5.3 Protect Steering Committee
Meeting: Review final action plan,
supporting graphics, concept imagery,
and discuss presentation of final plan to
the public.
19
5.4 Community Outreach - Public
Presentation. Host a final public
meeting presenting an executive
summary version of the plan supported
by graphics and anticipated outcome
scenarios.
5.5 Full Report: A full report will be
issued by 11 April 2011.
H3
1
0
H3
1.3
1.31 Physical and Cultural Differentiation
Budding_i, Infrastructure,and Open Space\ _-
Co Cherecter and Districts
DBrNopmenl and Poputetkm Pettemt{
Corrytwnily 9opb Benelita &Impacts
1.32 Ana and Culture inventorilwith C_, esslelance
__ Downtown and Mader PIS Boundell
n_._
Roud_.._
.-.Bock City Limits
Regional Overview ph3omks radius)
Feat* Progra ns Public Art -Events _
1.33 Base (with City aaaistanoej-
1.34 Pgeliminary Market Scan
t -- 4 21 24
Acts and Cultural Community Characteds
Estimated Audience Oemsrtd end Leakage
Comptementuy Usae Enttsnoed_by_the Art}
Estimated Dement; fog Foot Uses 6 Users _.._...
Potential De Paitnerehl .1 with M
1.4 Pr. act Stoorin. Contmittoo Mootln: 2
1.5 Memorandum of Find) s
Consulting Toarn H3 Hardy Coliaboralion Webb Management
Tasks
Review
Previous Initiatives and Studies
Proloct 1(lckoft Mooting
Review and Revise Scope as Necessary
Community Outreach 1: Stakeholder intervlews •
Community Outreach 2: "Cottee" Open House •
4 to
2.0
Ta .k 2 AW, Anti Cniluro Vision
2.1 Best Practices and Alternative Approaches 4 4
_..Benchmagking . Case Studies
Aria as an Economic Pevelopmeitl Toot
Ms and Cultural Growth Strategies
Anchor Venue(s), District. Dispersed, ands« Hybdo
Models
2.2 Potential Funding Source*
2.3 SWOT Ana ale •
2.4
2.5 Community Outreach 3: Public, Workshop •
Issues and Concerns
Needs and Preferences
2.7 Draft Vision Statement 2 4 15 10
Renforoe Round Rock's Unique Sense of Place
Articulate Focus
Arts and Culture Manu (Objectives) 2 4 42 24
2.8 Memorandum of Findings
Pro act Stoerint Comrmttoo Mootinr 3
2
20
i 2
3
3.0
.1
Task 3: Draft Action Akin (Ioitiatrvos)
Gap Analysis: Identify gaps, if any, between existing /
trending conditions and objectives in Task 2. Such as:
Infrastrudurs and Unkages
Financial and Timing
Organizational and Politica
Physical Limitations
3.2 Community Outreach 4: Arts Roundtable •
3.3 Stats Premise for Narrowing Gags
Initletives: Public Polley, Events, Programming,
.5 Public M, Attractions, Facilities
.8
3.7
4.0
4.1
4.2
4.3
8.0
5.1
5.2
5.3
_ Near Tenn
Medium Term
ro act Morin r Committee MooUn 4
L er Term
Initiative* Concept Planning Imagery and Mapping
Memorandum of Findlnns
ears Crites%
Community kind Character
tomographic Appeal such as attracting the 'Creative
Class'
Technical Parameters
Economic Benefits
Costs, Funding, and Finandng
Abir to Measure Effectiveness
ro oct Sto•rinl Committee MooUnr 5
Refine Action Nen
Executive Summery
Initiatives Mapping end Concept imagery
Full R.' rt
ro oct StoerIn, Cornmittea Wolin : 6
Community Outreach 6: Public Presentation •
12
18
4
12
12
e
10
18
8
1e
e
16
4
8
40
1e
40
24
32
24
3
Total Labor Hours 32
Not To Exceed Total Project Cost
• Indicates with City assistance
21
268 474 34 118
4004. 100 Go
3
memorandum
to: Cindy Deniers, Assistant City Manager, City of Round Rock
from: Carrie Blake, Webb Management Services
regarding: Arts & Culture in Public Spaces Master Plan: First Visit Preparation
date: October 4r. 2010
cc: Steve Stainbrook & John Fontillas, 1-13 Hardy Collaborative Architecture
Preparation for Initial Interviews and Site Visits
The following memo outlines the process that will kick-off our work for the City of Round Rock:
interviews and facility tours. This document should help you and your staff prepare for and facilitate
our first visit. White we will help however we can, we have learned through trial and error that the
administration of our schedule is best left to a local person in order to encourage strong participation
and to ensure attention is paid to whom and where it should be.
Purpose of Interviews
The purpose of the visit is to collect key information from organizations, existing facilities, individuals
and community groups that will enable us to provide a thorough and accurate assessment of the
current and future needs and opportunities for Round Rock's arts and cultural community. The
interviews will be informal and confidential.
Identifying Interviewees
The first step is to devetop a list of the proper groups and individuals to interview. The key is to identify
a broad group of potential interviewees whu have a stake or great interest in the past, present and
future of the arts and cultural community in Round Rock and the surrounding area.
We would like to meet with:
,k Any and alt arts and cultural organizations and program providers or those may help us
assess current arts attendance patterns, programming, and related activity in Round Rock and
the immediately surrounding region;
�k Those familiar with the levet of community and funding support for the arts and culture in
Round Rock, Travis and Williamson Counties.
* Any other key people who ought to be involved in the project such as potential funders,
community educators, business and community leaders. political leaders, etc.;
* Operators of arts and cultural facilities or attractions in Round Rock and nearby areas; and
building creativity
Lmoire St -Ate _ / 1t?k. I 350 r irtr.. A.tierue. Suitc 405 NV. NY ' O : F? : t 21 . 9[ _.fr:,G^ F 212.929 we.,r n ,,,r., ,t,g
* City staff or leadership who might speak to the project as a whole, including larger goals and
constraints.
More specifically, possible categories of groups/individuals to explore during brainstorming include
the following:
* Representatives of any arts organizations that produce or present professional or participatory
programming in Round Rock and the surrounding area such as the Round Rock and
Williamson County Symphonies, Round Rock Community Choir & Band, the Pentold Theatre
Company, the Sam Bass Community Theatre, and the Main Street Quilt & Thread 6u[td;
* Cultural facilities managers inctuding representatives from ArtSpace, managers of school
auditoria that are able to be used by the public and City representatives that program or
coordinate use at the Baca Center & Amphitheater and other public spaces;
* Any managers or creators of public art programs and site-specific installations and
exhibitions;
* Commercial promoters, including anyone bringing touring activity to Travis and/or Williamson
County;
* Representatives from any cultural service organizations such as the Round Rock Arts Council;
* Representatives of the Round Rock Convention & Visitors Bureau and any other tourism
organizations or tourist or cultural destinations Eike the Patrn House Museum;
* Representatives from relevant community organizations, including ethnic/church groups,
youth groups, service clubs, community associations, such as the YMCA Art & Education
Program and the El Amistad Club;
* Public educators such as Superintendents and/or leaders of art programs in local public
schools;
* Key business or industry leaders;
* Elected or appointed officials;
* City staff, including those from economic development and planning offices who can help us
understand how the face of Round Rock and the region are likely to change in the coming
years;
• Outstanding/interested individuals who have made a contribution or who have in-depth history
with the community;
ax Those who may OPPOSE further City support of the arts and culture tall voices should be
heard!.
Site Visits
We wilt also need to tour sites and facilities where local and regional arts and cultural activity takes
place in order to gain a sense of the cultural opportunities available within the area and of the private
and public spaces that are used by local arts groups. Facility visits should be arranged in advance to
ensure that the doors will be open, the lights will be on and someone will be there to walk us through
and answer any questions. Proper allowance for travel time should be included in the schedule.
Page 2
Interview Invitation and Preparation
Each person or group invited to interview should receive a call, letter or email informing them about
the planning process and explaining the need for the planning team to receive input and information by
way of personal interviews. The invitation should also include how the interview wilt be conducted
(informal, confidential), the type of information witt be discussed (listed below) and that any and all
input is welcome. Promptness should be encouraged. Following is a sample of a letter/email that
might serve as an introduction.
Dear
The City of Round Rock has hired Ii3 Hardy Collaborative Architecture and Webb Management
Services to develop a comprehensive ten-year strategic and implementation plan for Arts &
Culture in Public Spaces. Representatives of the consulting team will be in town on ROMA for
interviews with a range of constituents, including local performing and visual artists,
representatives from arts organizations, City staff and leadership, educators, business Leaders
and other community constituents,
The purpose of the interviews is to collect information that will enable the consultants to
understand the current state of arts and culture in Round Rock and the region, identify
opportunities and suggest the role of the City in supporting arts and cutturat development.
We would be most grateful if you or a representative of your organization might be available to
participate in these interviews. Someone from our office will be in touch over the next several
days to see if we might include you in the schedule. Alt interviews will last 30 minutes and wit)
be informal and confidential.
Best regards,
I�%ty of7tguhi9�tpc`�=�eRr�SetSfB�ive1
We wit! likely ask each interviewee about their organizational background, areas) of expertise and
questions about their thoughts and perceptions around the future of the arts and cultural community
in Round Rock. Other questions of topics of conversation might include the following:
3k Characteristics of Round Rock and a community and its position within the Austin regional
market;
�k Nature of involvement and background in the arts and culture iri Round Rock and elsewhere;
�k Perceptions, strengths and opportunities around arts and cultural offerings; and
�k Possibilities for partnerships and engagements.
Interview Logistics
Thirty minutes is sufficient for most organizations and individuals. If there are a few individuals that
seen to go together, they can be scheduled during the same time slot. Interviews should be scheduled
in succession without breaks in between, though an hour should be set-aside for lunch.
It would be helpful if all interviewees can be received and made to feel comfortable in advance of the
interview. Our office should be supplied with lists of interview times in advance of the visit. This should
include the names, organizations, phone numbers, and email addresses of those being interviewed.
Some care should be taken to ensure that those groups most relevant to this particular study receive
scheduling priority. If there are any groups or individuals who cannot meet during this initial visit, we
will reach out to them via phone and/or email surveys.
Although it would be most efficient for the majority of the interviews to hike place in one contra(
location, when appropriate or necessary, we can travel to the offices or workplaces of interviewees. It
we need to travel between locations, please be sure that ample travel time is set aside within the
meeting schedule.
Additional Information Required
Prior to the first visit, it would be helpful to receive any and all available information relevant to the
project. This may include:
*
*
Round Rock Convention and Visitors Bureau Tourism and Marketing Pian;
Background on arts and cultural funding policies and history via the Hotel Occupancy Tax;
ACT 2005 strategic pian and 2008 follow up study:
Any current demographic or trend data; and
Any additional reports on tourism and other local and regional economic indicators.
We're Looking forward to this visit! Please don't hesitate to contact us at any time with questions.
Page 4
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
CITY OF ROUND ROCK
REQUEST FOR PROPOSALS
FOR CONSULTANT SERVICES TO CREATE
THE ARTS AND CULTURE IN PUBLIC SPACES STRATEGIC PLAN AND IMPLEMENTATION GUIDE
PART I
GENERAL
1. PURPOSE: The City of Round Rock is pleased to invite consultants to submit proposals for
developing a comprehensive ten-year strategic plan and implementation guide that shall define
the role of the City of Round Rock in supporting arts and culture in public spaces to accomplish
the City's broader goals. The purpose of the plan is to provide a "roadmap" for the City in
pursuing this segment of the strategic vision to be the City of Choice for residents, businesses,
entrepreneurs, and visitors. A key element of this vision is the development of the area's artistic
and cultural environment to further enhance the quality of life in Round Rock.
Recent economic trends clearly demonstrate that local economies depend greatly upon the
creative and intellectual capital of their citizens. To cultivate this capital, the City needs to nurture
the artistic climate in public spaces that will attract a creative and diverse workforce and to ensure
that all residents have access to arcs and cultural activities. To enable this directive, the City
seeks a clear set of priorities, a step-by-step action plan and schedule that can be supported
through policy and a commitment of City resources.
2. BACKGROUND: The City of Round Rock, Texas, with a population of 150,000, to include those
residents living just outside the City limits, is located 15 miles north of Austin in the Central Texas
Hill Country. This location places the City within three hours driving time of ninety percent of the
population of the State of Texas. The City has experienced tremendous growth over the past ten
years, is home to a number of major employers and is scheduled for a 2060 build -out of 300,000
residents.
The Round Rock community has a vibrant higher education sector, including Texas A&M Health
Science Center, Texas State University and Austin Community College. The Art Institute of
Austin and many other arts organizations are also located in Round Rock.
Until now, the City has had no comprehensive strategic plan for the development of arts and
culture in public spaces. The City's General Plan, Library Plan and Parks and Recreation Plan
contain elements of arts and culture support. Many additional efforts have been undertaken to
lay the ground work for expanding arts in the community. Those efforts include:
2.1 2003 — Convention and Visitors Bureau commissioned a Tourism and Marketing Plan.
2.2 2006 — ERA Completed an Event Facilities Assessment, to include a feasibility study for
a Performing Arts Center, Convention Center, Special Events Center and others.
2.3 2007 — Task Force to Encourage Philanthropy for Arts and Cultural Activities in Round
Rock presented a report with key conclusions to the Round Rock City Council.
2.4 2009 — Round Rock Area Arts Council formed and commissioned an informal citizen
survey on the arts.
2.5 2009 — Round Rock City Council adopted an overall strategic plan for the City which
includes expanding and strengthening arts and cultural activities in the community as one
of 39 goals.
Page 1 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
2.6 2009 — Historically the City has been allocating 1% of the Hotel Occupancy Tax to
support the arts and now has refined its purpose and criteria for the disbursement of
those funds.
2,7 2010 — Round Rock Area Arts Council remains active and opened the ArtSpace, a
community gallery in Downtown Round Rock.
2.8 2010 — Round Rock City Council adopted a Downtown Master Pian with a vision for
downtown to become an attractive place for residents and visitors and a center for
cultural activities. The plan includes potential sites for a theatre and insights into historic
preservation.
3. DEFINITIONS: The following definitions will be used for identified terms throughout the
specification and bid document:
3.1 Arts and Culture — Includes all forms of artistic and cultural expression to include visual
and performing arts.
3.2 Agreement —A mutually binding legal document obligating the Vendor to furnish the
goods, equipment or services, and obligating the City to pay for it.
3.3 Bid/Proposal/Offer/Quote — is a complete, properly signed response to a Solicitation that
if accepted, would bind the Offeror to perform the resulting contract.
3.4 Offeror/Bidder/Respondent — Identified throughout this specification shall describe
persons and entities that consider themselves qualified to provide the goods, equipment
or services.
3.5 City — Identifies the City of Round Rock, located in Travis and Williamson Counties,
Texas.
3.6 Goods -- Represents materials, supplies, commodities and equipment.
3.7 Piggyback Contract —A term used to identify contract/agreement or purchase order that has
been competitively bid in accordance with State of Texas statutes, rules, policies and
procedures and have been extended for the use of state and local agencies and active
State of Texas CO-OP entities.
3.8 Purchase Order-- is an order placed by the Purchasing Office for the purchase of Goods
or Services written on the City's standard Purchase Order form and which, when
accepted by the Offeror, becomes a contract. The Purchase Order is the Offeror's
authority to deliver and invoice the City for Goods or Services specified, and the City's
commitment to accept the Goods or Services for an agreed upon price.
3.9 Services — work performed to meet a demand. The furnishing of labor, time, or effort by
the vendor and their ability to comply with promised delivery dates, specification and
technical assistance specified
3.10 Subcontractor Any person or business enterprise providing goods, labor, and/or
services to a Vendor if such goods, equipment, labor, and/or services are procured or
used in fulfillment of the Vendor's obligations arising from a contract with the City.
3.11 Vendor — (Sometimes referred to as Contractor, Consultant) a person or business
enterprise providing goods, equipment, labor and/or services to the City as fulfillment of
obligations arising from an agreement or purchase order.
4. COMPENSATION: Consultant teams shall prepare and submit an estimate for their services
based on an assessment of the Scope of Work detailed in this Request for Proposal.
Page 2 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
5. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local
Government Code (House Bill 914) requires that any vendor or person considering doing
business with a local government entity disclose the vendor or person's affiliation or business
relationship that might cause a conflict of interest with a local government entity. The Conflict of
Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Completed Conflict of Interest Questionnaires may be mailed or
delivered by hand to the City Secretary. If mailing a completed form, please mail to:
City of Round Rock
City Secretary
221 East Maln Street
Round Rock, Texas 78664
Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest may
automatically result In the disqualification of the vendor's offer.
6. CLARIFICATION: For questions or clarification of specifications, you may contact:
Joy Haggett
Purchasing Department
City of Round Rock
Telephone: 512-218-6682
jbaaaetteround-rock.tx.us
The individual listed above may be contacted by telephone or visited for clarification of the
specifications only. No authority is intended or implied that specifications may be amended or
alterations accepted prior to bid opening without written approval of the City of Round Rock through
the Purchasing Division.
All questions regarding the RFP shall be submitted in writing by 5:00 p.m. on August 18,
2010. A copy of all the questions submitted and the City's response to the questions shall be
posted no later than August 20, 2010 on the City's webpage,
htta://www.roundrocktexas gov/home/index.aso?nage=463. Questions shall be submitted to the
City contact named above.
7. EX PARTE COMMUNICATION: Please note that to insure the proper and fair evaluation of a bid,
the City of Round Rock prohibits ex parte communication (e.g., unsolicited) initiated by the
Offeror to the City Official or Employee evaluating or considering the bids prior to the time a bid
decision has been made. Communication between Offeror and the City will be initiated by the
appropriate City Official or Employee in order to obtain information or clarification needed to
develop a proper and accurate evaluation of the bid. Ex parte communication may be grounds
for disqualifying the offending Offeror from consideration or award of the bid then In evaluation, or
any future bid.
Page 3 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
PART 1I
INSTRUCTIONS
1. PROPOSAL SCHEDULE: It is the City's intention to comply with the following proposal timeline:
1.1 Request for Proposals released
1.2 Non -mandatory pre -proposal conference
2:00 PM
City of Round Rock
Council Chambers
221 E. Main Street
Round Rock, Texas 78664-5299
1.3 Deadline for questions
1.4 City responses to all questions/addendums
1.5 Responses for RFP due by 3:00 p.m.
1.6 Oral Presentation (if selected)
1.7 Award to Vendor and Executed Contract
1.8 Strategic Plan Completion Goal
August 2, 2010
August 23, 2010
August 25, 2010
August 27, 2010
August 31, 2010
September 13 — September 17, 2010
October 14, 2010
April 30, 2011
The City reserves the right to modify these dates at any time with appropriate notice to all
prospective Respondents.
2. PROPOSAL DUE DATE: Signed and sealed proposals are due no later than 3:00 P.M., August
31, 2010, to the Purchasing Department. Mail or carry sealed proposals to:
City of Round Rock
Purchasing Office
221 E. Main Street
Round Rock, Texas 78664-5299
2.1 Proposals received after this time and date will not be considered.
2.2 Sealed proposals shall be clearly marked on the outside of packaging with the RFP title,
number, due date and "DO NOT OPEN".
2.3 Facsimile or electronically transmitted proposals are not acceptable.
2.4 Late Proposals properly identified will be returned to Respondent unopened if return
address is provided.
3. PROPOSAL SUBMISSION REQUIREMENTS: To achieve a uniform review process and obtain
the maximum degree of comparability, the proposals shall be organized in the manner specified
below, Proposals shall not exceed twenty (20) pages In length (excluding resumes, title pages(s)
and index/table of contents, attachments or dividers). Information in excess of those pages
allowed will not be evaluated. One page shall be interpreted as one side of a double-spaced,
printed, 8'/z" X 11" sheet of paper.
Submit one (1) unbound original and twelve (12) bound copies of proposal. It is recommended
that proposals not be submitted in ringed binders or metal spirals to conserve cost for both the
Respondent and the City. Once submitted the proposals become the property of the City.
Page 4 of 12
SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
3.1 Title Paae (1 page) Show the RFP title and number, the name of your firm, address,
telephone number(s) name of contact person and date.
3.2 Letter of Transmittat (1 page)
3.2.1 Identify the RFP project for which proposal has been prepared.
3.2.2 Briefly state your firms understanding for the services to be performed and make
a positive commitment to provide the services as specified.
3.2.3 Provide the name(s) of the person(s) authorized to make representations for your
firm, their titles, address, telephone numbers and e-mail address.
3.2.4 The letter of each proposal shall be signed in permanent ink by a corporate
officer or other individual who has the authority to bind the firm. The name and
title of the Individuals(s) signing the proposal shall be clearly shown immediately
below the signature.
3.3 Table of Contents (1 page) — Clearly identify the materials by Section and Page Number.
3.4 Proposal Narrative
3.4.1 Previous Performance/Experience
3.4.1.1 Provide detailed information on experience with providing arts and
culture planning services as described in the Scope of Work.
3.4.1.2 Provide a representative list of projects of a scale and complexity similar
to the project being considered by the City. The list shall include the
project location, client, services provided by your firm for the project,
term of services and an owner contact name.
3.4.1.3 Provide at least three references for which your firm has provided the
same or similar services. Include a point of contact, current telephone
number and a brief description of the services provided. Any negative
responses received may result in disqualification from consideration for
award. Failure to include references with submittal may result in
disqualification from consideration for award.
3.4.2 Kev Protect Staff and Sub -consultants
3.4.2.1 Identify key project staff, task leaders and sub -consultants along with
their expected services to the City for the scope of work on behalf of the
firm. Resumes shall be included for each of the individuals and sub -
consultants referenced which demonstrate their qualifications to satisfy
all the critical and service requirement areas. The City reserves the right
to approve or disapprove all sub -consultants prior to any work being
performed.
3.4.3 Available Resources and Consultant Location
3.4.3.1 Provide information on size, resources and business history of the firm.
3.4.3.2 Provide information on personnel resources available to your firm, which
indicates that you have access to the services necessary to perform the
work in the time available and within the required standard.
3.4.3.3 Describe the firm's location where the primary services are to be
provided and the ability to meet in person with City personnel when
required during the performance of the Contract.
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SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
3.4.4 Prosect Understanding. Methodology and Approach
3.4.4.1 Consultant shall demonstrate a thorough knowledge and understanding
of arts and culture planning detailed in the Scope of Work. This
understanding shall contain an explanation of the consultant's
methodology and approach for creating the City's strategy and
Implementation guide.
3.5 Samples of Work — The Respondent shall provide samples of work to demonstrate their
capacity for delivering the necessary components contained within the Scope of Work.
3.6 Sample Standard Contract — Respondent shall include a copy of the firm's standard
contract to include standard budget and pricing for services, terms, conditions and
estimated timelines.
4. DISCLOSURE OF LITIGATION: Each Respondent shall include in its proposal a complete
disclosure of any civil or criminal litigation or investigation pending which involves the Respondent
or in which the Respondent has been judged guilty.
5. CONFIDENTIALITY OF CONTENT: All proposals submitted in response to this RFP shall be
held confidential until a contract is awarded. Following the contract award, proposals are subject
to release as public information unless the proposal or specific parts of the proposal can be
shown to be exempt from the Texas Public Information Act. Respondents are advised to consult
with their legal counsel regarding disclosure issues and take the appropriate precautions to
safeguard trade secrets or any other proprietary information. The City assumes no obligation or
responsibility for asserting legal arguments on behalf of potential Respondents.
5.1 If a Respondent believes that a proposal or parts of a proposal are confidential, then the
Respondent shall so specify. The Respondent shall stamp in bold red letters the term
"CONFIDENTIAL" on that part of the proposal, which the Respondent believes to be
confidential. Vague and general claims as to confidentiality shall not be accepted. All
proposals and parts of proposals that are not marked as confidential will be automatically
considered public information after the contract is awarded.
6. CLARIFICATION OF PROPOSALS: The City reserves the right to request clarification or
additional information specific to any proposal after all proposals have been received and the
RFP close date has passed.
7. PROPOSAL PREPARATION COSTS: AH costs directly or indirectly related to preparation of a
response to this solicitation or any oral presentation required to supplement and/or clarify a
proposal which may be required by the City shall be the sole responsibility of the Respondent.
8. BEST VALUE EVALUATION AND CRITERIA: Responders may be required to make an oral
presentation to the selection committee to further present their qualifications. These
presentations will provide the responder the opportunity to clarify their proposal and ensure a
mutual understanding of the services to be provided and the approach to be used.
All proposals received shall be evaluated based on the best value for the City. In determining
best value, the City may consider the following:
8.1 Purchase price and terms;
8.2 Reputation of bidder and of bidder's good and services;
8.3 The quality of the bidder's goods and services;
8.4 The extent to which the goods and services meet the City's needs;
8.5 Bidders past relationship with the City;
8.6 The total long-term cost to the Municipality to acquire the bidder's goods or services;
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SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
8.7 Experience and qualifications;
8.8 Work Samples;
8.9 Methodology and approach; and
8.10 Any relevant criteria specifically listed in the solicitation.
9. CONTRACT NEGOTIATIONS:
9.1 Review all proposals and determine which Proposers are reasonably qualified for award
of the contract.
9.2 Determine the Proposer whose proposal is most advantageous to the City considering
the evaluation criteria.
9.3 Attempt to negotiate with the most responsive Proposer a contract at fair and reasonable
terms, conditions and cost.
9.4 If negotiations are successful, enter into a contract or issue a purchase order.
9.5 If not successful, formally end negotiations with that Proposer.
9.6 Select the next most highly qualified Proposer and attempt to negotiate a contract at fair
and reasonable terms, conditions and cost with that Proposer.
9.7 The City shall continue this process until a contract Is entered Into or all negotiations are
terminated.
9.8 The City also reserves the right to reject any or all proposals, or to accept any proposal
deemed most advantageous, or to waive any irregularities or informalities in the proposal
received.
PART 111
SPECIFICATIONS
1. SCOPE OF WORK: The City of Round Rock is seeking proposals for developing a
comprehensive ten-year strategic plan and implementation guide that shall define the role of the
City of Round Rock in supporting arts and culture in public spaces to accomplish the City's
broader goals. Respondents shall be responsible for, but are not limited to carrying out the
following tasks:
1.1 Review existing City arts and culture assessments and plans to include those listed in
Part I of this RFP.
1.2 Define and formalize the community vision and the City's role in supporting and
developing arts and culture in public spaces to support the City's broader goals. The
City's strategic plan can be viewed on the City's website at:
htto://www.roundrocktexas.aov/docs/strategic plan09.pdf
1.3 Identify issues and roadblocks and gather project Ideas via solicitation of public input
from the community. This may include facilitation of public forums including open
house(s) for general public and group meetings with existing art and cultural groups,
individual artists, and/or a citizens survey (potentially In coordination with the Round Rock
Area Arts Council).
1.4 Indentify long and short-term funding strategies for programs and required facilities.
Include best practices of other successful communities, strategies of benchmark cities
and a menu of options applicable to Round Rock.
1.5 Develop a project action plan to include types of events, attractions and programs and
coordinating service delivery plan utilizing City resources and Infrastructure using data
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SOLICITATION NUMBER
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SPECIFICATION NUMBER
10-918-27
August 2, 2010
gathered from 1.3 above. Plan shall prioritize actions based on long-term and short-term
needs.
1.6 Outline City department or organization primarily responsible for each program and staff
support necessary to manage each.
1.7 Develop a set of criteria for needs assessment for each strategic plan program to include,
at a minimum:
1.7.1 Estimated design, construction and operating costs of said projects,
1.7.2 Funding and financing sources required and available by law.
1.7.3 Anticipated economic benefits from said programs.
1.7.4 Methodology for monitoring and measuring the effectiveness of adopted programs.
1.7.5 Present the results and recommended programs In a public forum and facilitate
discussion and review of those recommendations with all stake holders to include
Round Rock City Council, Department Directors, Round Rock Area Arts Council, and
members of the general public.
2. PROJECT COORDINATOR: All work performed will be supervised and verified by the City
representative(s) noted below.
Cindy Demers
Assistant City Manager
Office: (512)218-5435
cdemersarou nd-ro ck.tx.us
3. DELIVERABLES: The successful Respondent shall be responsible for, but not limited to generating
and providing the following in a Summary Report for The Round Rock Arts and Culture in Public
Spaces Strategic Plan:
3.1 Identify what sets Round Rock apart from other Central Texas cities.
3.2 Articulate, based upon community input, the community's vision for the arts and culture In
public spaces directive. This vision shall define our region's arts and culture niche and
build on Round Rock's sense of place.
3.3 Define the role of the City of Round Rock in supporting arts and culture in public spaces.
3.4 Synopsis of community input functions and feedback received.
3.5 Program outline that will support the vision and include a prioritized list of programs and
implementation strategy.
3.6 Recommend City resource allocation.
3.7 Identify City department or organization(s) primarily responsible for each program.
3.8 Statement with statistical back-up on the impact of arts and cultural programming on
tourism and economic development.
3.9 Internal Strength, Weakness, Opportunity and Threat (SWOT) Analysis on the
community's arts and cultural issues with action plan to capitalize on strengths and
address weaknesses.
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SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
3.10 Map and list of Inventory of existing arts and cultural venues. (With assistance from City
staff.)
3.11 Map and list of facilities and sites potentially available for arts and cultural enterprises.
(With assistance from City Staff.)
3.12 Best practice recommendations for garnering private investment.
3.13 Identify opportunities and entities for Public/Private Partnerships. Provide
implementation strategies supported by best practice examples.
3.14 Recommend applicable grant opportunities with guidance on how the City can maximize
its ability to obtain grants.
3.15 Arts and Culture In Public Spaces Administrative Plan that clearly defines or establishes
an entity to make recommendations to the City Council and defines the role of the
following City of Round Rock stakeholders in participating:
3A5.1 Round Rock City Council
3.15.2 Planning and Community Development
3.15.3 Parks and Recreation Department
3.15.4 Library
3.15.5 Convention and Visitors Bureau
3.15.6 Boards and Commissions
3.15.7 City Staff
3.16 Arts and Culture In Public Spaces Community Engagement Plan which outlines the roles
and participation levels of the following regional stakeholders:
3.16.1 Citizens
3.16.2 Business and Industry
3.16.3 Chamber of Commerce
3.16.4 Economic Development Partnership
3.16.5 Round Rock Independent School District and Higher Education Institutions
3.16.6 Round Rock Area Arts Council
3.16.7 Existing area arts and culture non-profit groups
3.17 Guidelines as to the City's role in providing assistance with logistics and marketing
support for recommended programs.
3.18 Recommend how to reflect the City's history through arts and culture initiatives.
3.19 Strategy to attract and retain creative populations, to include artists, musicians, and their
respective audiences.
PART IV
ACCEPTANCE AND PAYMENT
1. NVOICING: Vendor shall submit one original and one copy of each invoice on a monthly basis to
the following address:
City of Round Rock
Attn: Accounts Payable
221 East Main Street
Round Rock, TX 78664-5299
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SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
2. PROMPT PAYMENT POLICY: Payments will be made within thirty days after the city receives the
supplies, materials, equipment, or the day on which the performance of services was completed
or the day on which the City receives a correct invoice for the supplies, materials, equipment or
services, whichever is later. The Vendor may charge a late fee (fee shall not be greater than that
which is permitted by Texas law) for payments not made in accordance with this prompt payment
policy; however, this policy does not apply to payments made by the City in the event:
2.1. There is a bona fide dispute between the City and Vendor concerning the supplies,
materials, services or equipment delivered or the services performed that causes the
payment to be late; or
2.2. The terms of a federal agreement, grant, regulation, or statute prevent the City from
making a timely payment with Federal Funds; or
2.3. There is a bona fide dispute between the Vendor and a subcontractor or between a
subcontractor and Its suppliers concerning supplies, material, or equipment delivered or
the services performed which caused the payment to be late; or
2.4. The invoice is not mailed to the City in strict accordance with instructions, if any, on the
purchase order or agreement or other such contractual agreement.
3. OVERCHARGES: Vendor hereby assigns to purchaser any and all claims for overcharges
associated with this agreement which arise under the antitrust laws of the United States, 15
USGA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Bus. and
Com. Code, Section 15.01, gj sea..
PART V
GENERAL CLAUSES AND CONDITIONS
1. LABOR: The Vendor shall provide all labor and goods necessary to perform the service. The
Vendor shall employ all personnel for work in accordance with the requirements set forth by the
United States Department of Labor.
2, EXCEPTIONS: Any variation from this specification must be indicated on the bid or on a
separate attachment to the bid. The sheet shall be labeled as such.
3. DAMAGE: The Vendor shall be responsible for damage to the City's equipment and/or property,
the workplace and its contents by its work, negligence in work, its personnel and equipment. The
Vendor shall be responsible and liable for the safety; injury and health of Its working personnel
while its employees are performing service work.
4. WORKPLACE: The City is committed to maintaining an alcohol and drug free workplace.
Possession, use, or being under the influence of alcohol or controlled substances by Vendor,
Vendor's employees, subcontractor(s) or subcontractor (s') employees while in the performance
of the service is prohibited. Violation of this requirement shall constitute grounds for termination
of the service.
5. PRICE: The contract price shall be firm for the duration of the contract or extension periods. No
separate line Item charges shall be permitted for either bidding or invoice purposes, which shall
include equipment rental, demurrage, fuel surcharges, delivery charges, and cost associated with
obtaining permits or any other extraneous charges.
6. INTERLOCAL COOPERATIVE CONTRACTING: Other governmental entities may be extended the
opportunity to purchase off of the City of Round Rock's solicitation, with the consent and agreement
of the awarded vendor(s) and the City of Round Rock. Such consent and agreement shall be
conclusively inferred from lack of exception to this clause in vendor's response. However, all parties
indicate their understanding and all parties hereby expressly agree that the City of Round Rock is not
an agent of, partner to, or representative of those outside agencies or entities and that the City of
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SOLICITATION NUMBER
10-027
SPECIFICATION NUMBER
10-918-27
August 2, 2010
Round Rock is not obligated or liable for any action or debts that may arise out of such
independently -negotiated "piggyback" procurements.
7. NON -APPROPRIATION: The resulting Agreement is a commitment of the City's current revenues
only. It is understood and agreed the City shall have the right to terminate the Agreement at the
end of any City fiscal year if the governing body of the City does not appropriate funds sufficient
to purchase the estimated yearly quantities, as determined by the City's budget for the fiscal year
In question. The City may effect such termination by giving Vendor a written notice of termination
at the end of Its then current fiscal year.
8. ABANDONMENT OR DEFAULT: A Vendor who abandons or defaults the work on the contract
and causes the City to purchase the services elsewhere may be charged the difference in service
if any and shall not be considered in the re -advertisement of the service and may not be
considered in future bids for the same type of work unless the scope of work is significantly
changed.
9. COMPLIANCE WITH LAWS: The successful offeror shall comply with all federal, state, and local
laws, statutes, ordinances, rules and regulations, and the orders and decrees of any court or
administrative bodies or tribunals in any matter affecting the performance of the resulting
agreement, including without limitation, workers' compensation laws, minimum and maximum
salary and wage statutes and regulations, and licensing laws and regulations. When requested,
the Vendor shall furnish the City with satisfactory proof of its compliance.
10. CODES. PERMITS AND LICENSES: The successful offeror shall comply with all National, State
and Local standards, codes and ordinances and the terms and conditions of the services of the
City of Round Rock, Texas, as well as other authorities that have jurisdiction pertaining to
equipment and materials used and their application. None of the terms or provisions of the
specification shall be construed as waiving any rules, regulations or requirements of these
authorities. The successful offeror shall be responsible for obtaining all necessary permits,
certificates and/or licenses to fulfill contractual obligations (City of Round Rock fees and costs
will be waived).
11. INDEMNITY: Vendor shall Indemnify, save harmless and defend the City, Its officers, agents,
servants, and employees from and against any and all suits, actions, legal proceedings, claims,
demands, damages, costs, expenses, attorney's fees and any and all other costs or fees incident
to the performance of the resulting agreement and arising out of a willful or negligent act or
omission of the Vendor, its officers, agents, servants and employees.
12. LIENS: Vendor agrees to and shall indemnify and save harmless the City against any and all
liens and encumbrances for all labor, goods and services which may be provided under the
resulting agreement. At the City's request the Vendor or subcontractors shall provide a proper
release of all liens or satisfactory evidence of freedom from liens shall be delivered to the City.
13. INSURANCE: The Vendor shall meet or exceed ALL insurance requirements set forth by the City
as identified in Attachment A to the specifications. Any additional insurance requirements of
participating or cooperative parties will be included as subsequent Attachments and shall require
mandatory compliance.
14. GOVERNING LAW: Any resulting agreement shall be governed by and construed in accordance
with the Laws of the State of Texas.
15. VENUE: Both the City and the Vendor agree that venue for any litigation arising from a resulting
agreement shall lie in Williamson County.
16. INDEPENDENT CONTRACTOR: It is understood and agreed that the Contractor shall not be
considered an employee of the City. The Contractor shall not be within protection or coverage of
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SOLICITATION NUMBER
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SPECIFICATION NUMBER
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the City's Worker' Compensation insurance, Health Insurance, Liability Insurance or any other
insurance that the City from time to time may have in force and effect.
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ATTACHMENT A
City of Round Rock
Insurance Requirements
ATTACHMENT A
CITY OF ROUND ROCK
INSURANCE REQUIREMENTS
1. INSURANCE: The Vendor shall procure and maintain at its sole cost and expense for the duration
of the contract or purchase order result€na from a response to this bid/Specification insurance
against claims for iniuries to persons or damaaes to oropertv which may arise from or in
connection with the performance of the work as a result of this bid by the successful bidder. its
agents. representatives. volunteers, employees or subcontractors.
1.1.
1.2.
1.3.
Certificates of Insurance and endorsements shall be furnished to the City and approved
by the City before work commences.
The following standard insurance policies shall be required:
1.2,1. General Liability Policy
1.2.2. Automobile Liability Policy
1.2.3. Worker's Compensation Policy
The following general requirements are applicable to all policies:
1.3.1. Only Insurance companies licensed and admitted to do business in the State of
Texas shall be accepted.
1.3.2. Deductibles shall be listed on the Certificate of Insurance and are acceptable
only on a per occurrence basis for property damage only.
1.3.3. Claims made policies shall not be accepted, except for Professional Liability
Insurance.
1.3.4. Upon request, certified copies of all insurance policies shall be furnished to the
City
1.3.5. Policies shall include, but not be limited to, the following minimum limits:
1.3.5.1. Minimum Bodily Injury Limits of $300,000.00 per occurrence.
1.3.5.2. Property Damage Insurance with minimum limits of $50,000.00 for
each occurrence.
1.3.5.3. Automobile Liability Insurance for all owned, non -owned, and hired
vehicles with minimum limits for Bodily Injury of $100,000.00 each
person, and $300,000.00 for each occurrence, and Property
Damage Minimum limits of $50,000.00 for each occurrence.
1.3.5.4. Statutory Worker's Compensation Insurance and minimum
$100,000.00 Employers Liability Insurance.
1.3.6. Coverage shall be maintained for two years minimum after the termination of the
Contract.
1.4. The City shall be entitled, upon request, and without expense to receive copies of
Insurance policies and all endorsements thereto and may make reasonable request for
deletion, revision, or modification of particular policy terms, conditions, limitations, or
exclusions (except where policy provisions are established by law or regulation binding
either of the parties hereto or the underwriter of any of such policies). Upon such request
by the City, the Vendor shall exercise reasonable efforts to accomplish such changes in
policy coverage and shall pay the cost thereof. All insurance and bonds shall meet the
requirements of the bid specification and the insurance endorsements stated below.
1.5. Vendor agrees that with respect to the required insurance, all insurance contracts and
certificate(s) of insurance will contain and state, in writing, on the certificate or its
attachment, the following provisions:
Page 1 of 4
1.5.1. Provide for an additional insurance endorsement clause declaring the Vendor's
insurance as primary.
1.5.2. Name the City and its officers, employees, and elected officials as additional
Insured's, (as the Interest of each insured may appear) as to all applicable
coverage.
1.5.3. Provide thirty days notice to the City of cancellation, non -renewal, or material
changes
1.5.4. Remove all language on the certificate of insurance indicating:
1.5.4.1. That the insurance company or agent/broker shall endeavor to notify
the City; and,
1.5.4.2. Failure to do so shall impose no obligation of liability of any kind
upon the company, its agents, or representatives.
1.5.5. Provide for notice to the City at the addresses listed below by registered mail:
1.5.6. Vendor agrees to waive subrogation against the City, its officers, employees,
and elected officials for Injuries, including death, property damage, or any other
loss to the extent same may be covered by the proceeds of insurance.
1.5.7. Provide that all provisions of this contract concerning liability, duty, and standard
of care together with the Indemnification provision, shall be underwritten by
contractual liability coverage sufficient to include such obligations within
applicable policies.
1.5.8. All copies of the Certificate of insurance shall reference the project name, bid
number or purchase order number for which the insurance Is being supplied.
1.5.9. Vendor shall notify the City in the event of any change In coverage and shall
give such notices not less than thirty days prior notice to the change, which
notice shall be accomplished by a replacement Certificate of Insurance.
1.5.10. All notices shall be mailed to the City at the following addresses:
Assistant City Manager City Attorney
City of Round Rock City of Round Rock
221 East Main 309 East Main
Round Rock, TX 78664-5299 Round Rock, TX 78664
2. WORKERS COMPENSATION INSURANCE
2.1. Texas Labor Code, Section 406.098 requires workers' compensation insurance coverage
for all persons providing services on building or construction projects for a governmental
entity.
2.1.1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a
certificate of authority to self -insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the
duration of the project.
2.1.2. Duration of the project - includes the time from the beginning of the work on the
project until the CONTRACTOR'S /person's work on the project has been
completed and accepted by the OWNER.
2.2. Persons providing services on the project ("subcontractor") in Section 406.096 - includes
all persons or entities performing all or part of the services the CONTRACTOR has
undertaken to perform on the project, regardless of whether that person contracted
directly with the CONTRACTOR and regardless of whether that person has employees.
This Includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner -operators, employees of any such entity, or employees
of any entity, which furnishes persons to provide services on the project. "Services"
include, without limitation, providing, hauling, or delivering equipment or materials, or
providing labor, transportation, or other service related to a project. "Services" does not
Page 2 of 4
include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2.3. The CONTRACTOR shall provide coverage, based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, that meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the
CONTRACTOR providing services on the project, for the duration of the protect.
2.4. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being
awarded the contract.
2.5. If the coverage period shown on the CONTRACTORS current certificate of coverage
ends during the duration of the project, the CONTRACTOR must, prior to the end of the
coverage period, file a new certificate of coverage with the OWNER showing that
coverage has been extended.
2.6. The CONTRACTOR shall obtain from each person providing services on a project, and
provide to the OWNER:
2.6.1. a certificate of coverage, prior to that person beginning work on the project, so
the OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
2.6.2. no later than seven calendar clays after receipt by the CONTRACTOR, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project.
2.7. The CONTRACTOR shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
2.8. The CONTRACTOR shall notify the OWNER In writing by certified mail or personal
delivery, within 10 calendar days after the CONTRACTOR knew or should have known,
or any change that materially affects the provision of coverage of any person providing
services on the project.
2.9. The CONTRACTOR shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers' Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
2.10. The CONTRACTOR shall contractually require each person with whom it.contracts to
provide services on a project, to:
2.10.1. provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, that meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for alt its employees
providing services on the project, for the duration of the project;
2.10.2. provide to the CONTRACTOR, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on a project, for the duration of the
project;
2.10.3. provide the CONTRACTOR, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
2.10.3.1. obtain from each other person with whom it contracts, and provide to
the CONTRACTOR:
2.10.3.1.1.
2.10.3.1.2.
a certificate of coverage, prior to the other person
beginning work on the project; and
a new certificate of coverage showing extension of
coverage, prior to the end of the coverage period, if
the coverage period shown on the current certificate
of coverage ends during the duration of the project
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2.10.3.2. retain all required certificates of coverage on file for the duration of
the project and for one year thereafter;
2.10.3.3. notify the OWNER in writing by certified mail or personal delivery,
within 10 calendar days after the person knew or should have
known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
2.10.3.4. contractually require each person with whom it contracts, to perform
as required by paragraphs (A thru G), with the certificates of
coverage to be provided to the person for whom they are providing
services.
2.10.3.5. By signing the solicitation associated with this specification, or
providing, or causing to be provided a certificate of coverage, the
Contractor Is representing to the Owner that all employees of the
Contractor who will provide services on the project will be covered
by workers' compensation coverage for the duration of the project,
that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will
be filed with the appropriate insurance carrier or, in the case of a
self-insured, with the Commission's Division of Self -Insurance
Regulation. Providing false or misleading information may subject
the Contractor to administrative penalties, criminal penalties, civil
penalties, or other civil actions.
2.10.3.6. The Contractor's failure to comply with any of these provisions is a
breach of contract by the Contractor that entitles the Owner to
declare the contract void if the Contractor does not remedy the
breach within ten calendar days after receipt of notice of breach
from the owner.
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