R-2021-155 - 6/10/2021RESOLUTION NO. R-2021-155
WHEREAS, the City of Round Rock ("City") desires to retain professional consulting services
related to the preparation of a Transit Development Plan; and
WHEREAS, Tindale-Oliver & Associates, Inc. has submitted an Agreement for Professional
Consulting Services to provide said services; and
WHEREAS, the City Council desires to enter into said agreement with Tindale-Oliver &
Associates, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Professional Consulting Services for Preparation of a Transit Development Plan with
Tindale-Oliver & Associates, Inc., a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this I Oth day of June, 2021.
CRAM 1ORGAI�I„PC�Iayor
City of Round Ro¢Texas
ATTEST:
SYPA4.
:� .. R 704,4
SARA L. WHITE, City Clerk
01 12.20212-, 00473051
EXHIBIT
CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
PREPARATION OF A TRANSIT DEVELOPMENT PLAN
WITH
TINDALE-OLIVER ASSOCIATES,, INC.
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional
Transit Development Plan (the "Agreement')
KNOW ALL BY THESE PRESENTS
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consulting services related to the preparation of a
is made by and between the CITY OF ROUND
ROCK, a Texas home -rule municipal corporation with offices located at 221 East Main Street,
Round Rock, Texas 78664-5299, (the "City") and TINDALE-OLIVER &ASSOCIATES, INC.,
located at 1000 N. Ashley Drive, Suite 400 (the "Consultant").
RECITALS0
:
WHEREAS, City desires to contract for professional services for preparation of a Transit
Development Plan; and
WHEREAS, City has determined that there i's a need for the delineated services; and
WHEREAS, desires to contract with Consultant 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,0
That for and in consideration of the mutual promises conta1b
ined 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:
1.0 EFFECTIVE DATE, DURATION AND TERM
This Agreement shalt 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, ori"s terminated or extended as provided herein,.
The term of this Agreement shall be for twelve(12) months commencing on the effecti
ve
date as described herein.
00472302i'ss2
City reserves the right to review the Agreement at any time, and may elect to terminate
the Agreement with or without cause or may elect to continue.
2oO PROPOSAL FOR SERVICES
Consultant has issued its proposal for services for the tasks delineated therein, such
proposal for services being appended to this Agreement as Exhibit "A" titled "Scope of Work,"
which document is attached hereto and incorporated herein by reference for all purposes.
3*0 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Consultant's undertaking shall be limited to performing services for City and/or
Is advising Ctyiconcerning those matters on which Consultant has been specifically engaged.
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Consultant shall perform services in accordance with this Agreement, i"n accordance with the
16 appended proposal for services, and in accordance with due care and prevailing consulting
industry standards for comparable services.
4eO LIMITATION TO SCOPE OF SERVICES
Consultant and City agree that the scope of services to be performed is enumerated in
Exhibit "A" and herein, and may not be changed without the express written agreement of the
parties., Notwithstanding anything herein to the contrary, the parties agree that City retains
absolute discretion and authority for all funding decisions, such to be based solely on criteria
accepted by City which may be influenced by but not be dependent on Consultant's work.
5.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant i*n accordance with the "Project Budget" in Exhibit "A" for
services and the Scope of Services deliverables delineated in Exhibit "A." Total payment to the
Consultant shall not exceed One Hundred Ninety -Five Thousand Five Hundred Fourteen
and 051100 Dollars ($195,514.05),.
6.0 INVQICE REQUIREMENTS AND TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed 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 Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
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, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The Ci"tyh
reserves the t to correct any error that may be
discovered in any invoice that may have been paid to Consultant and to adjust same to meet the
requirements of this Agreement. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no Eater than the time period required under the Texas Prompt Payment
Act described I*n Section 7.0 herein. Under no circumstances shall Consultant be entitled to
receive interest on payments which are late because of a good faith dispute between Consultant
and the City or because of a ounts which the City has a right to wl"thhold under this Agreement
or state law. The Cl*ty shall be responsible for any sales, grass receipts or similar taxes
applicable to the services, but not for taxes based upon Consultant's net income.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 225 1, V.T.C.A., Texas Government Code, any payment to be
made by the City to 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. Consultant may charge interest on an overdue payment at the "rate in effect' on September
1 of the fiscal yeari"n which the payment becomes overdue, i*n 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 i's a bona fide dispute between the City and Consultant, a contractor,
subcontractor, or supplier about the goods delivered or the service performed
that cause the payment to be late; or
(b) There is a bona fide dispute between Consultant and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the
service performed that causes the payment to be late; or
(c) The terms of a federal contract, grant, regulation, or statute prevent the Ci*ty
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.
8.0 NON -APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of the City's current revenues only. It i4s, understood and
agreed that the Ci*ty 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 Ci*ty's budget for the fiscal year i"n question. The City may affect
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such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
900 TIMETABLES
Unless otherwise indicated to Consultant in writing by ci'ty, or unless Consultant is
unreasonably delayed 1*n the orderly progress of its work by forces beyond Consultant's control,
the work shall be performed in reasonable conformity to Consultant's
"Project Schedule"' set forth in the attached Exhibit "A."
10.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by 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. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not he responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
11.0 TERMINATION; DEFAULT
Termination: iti"s agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated i*n accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work teiminated under this Agreement. Unless otherwise specified 1*n this
Agreement, all data, information, and work product related to this project shall become the
property of the Cl"ty 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,
Consultant shall cooperate in providing information.
Tenation of this Agreement shall extinguish
rmiall rights, duties, and obligations of the
City and the tenated party to fulfill contractual obligations. Termi
rmination under this section
shall not relievermi the nated 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.
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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 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.
The ternation of this Agreement for default shall extinguish all rights, dutimies,, and
obligations of the terminating Party and the terminated Party to fulfill contractual obligations.
Teunder thi
rm1'nation s 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 Ci*ty to pay for any work which 1"t
deems unsatisfactory, or which i*s not performed i*n compliance with the terms of this Agreement.
12.0 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 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 I*f 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.
13.0 CITY'S RESPONSIBILITIES
Full information: The City shalt provide foil information regarding project
requirements. The City shall have the responsibility of providing Consultant with such
documentation and information as is reasonably required to enable 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 Consultant in the
provision of its services. Consultant may rely upon written information provided by the City and
its employees and agents as accurate and complete. 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: Consultant's performance requires receipt of all requested
IP
information reasonably necessary to provision of services. Consultant agrees, in a ti, ely
manner, to provide City with a comprehensive and detailed information request list, if any.
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14.0 INDEPENDENT CONTRACTOR STATUS
Consultant is an independent contractor, and is not the City's employee. Consultant's
employees or subcontractors are not the Ci*ty's employees. This Agreement does not create a
partnership, employer -employee, or joint venture relationship. No party has authority to enter
into contracts as agent for the other party. Consultant and the City agree to the following rights
consistent with an independent contractor relationship:
(1) Consultant has the right to- perform services for others during the term hereof.
(2) Consultant has the sole right to control and direct the means, manner and method
ap
by which it performs its services required by this Agreement.
(3) Consultant has the right to hire assistants as subcontractors, or to use employees
to provide the services required by this Agreement.
(4) Consultant or its employees or subcontractors shall perform services required
hereunder, and the Ci`ty shall not hire, supervise, or pay assistants to help
Consultant.
(5) Neither Consultant nor its employees or subcontractors shall receive training fro0
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
15.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held i*n confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
E4�
All data relating specifically to the City's business and any other information which
reasonably should be. understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and 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 anYIthrd parry without the other partyIts 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 I s Confidential Information and to advise their employees of the
16 confidential nature of the Confidential Information and of the prohibitions herein.
Notwithstanding anything to the contrary contained herein, neither party shall be
obligated to treat as confidential any information disclosed by the other party (the "Disclosing
Party") which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing
Party; (2) is released by the Disclosing Party to any other person or entity (includinging
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 who the request i*s made provides the other with prompt
notice and allows the other party to seek a restrainiWritten ng order or other appropriate relief.
Subject to Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
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 Consultant's confidentiality obligations under this Agreement, nothing herein shall
preclude or limit Consultant from providing similar services for other clients.
Neither the City nor Consultant will be liable to the other for inadvertent or accidental
disclosure of Confidential information if the disclosure occurs notwithstanding the party's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, 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")db
; and
Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods,
7
techniques, processes, software, or other similar information which may have been discovered,
created, developed or derived by Consultant either prior to or as a result of its provision of
services under this Agreement (other than Deliverables). Consultant's working papers and
Consultant's Confidential Information (as described herein) shall belong exclusively to the
Consultant. City shall have anon-exclusive, non -transferable license to use Consultant's
Confidential Info ation for City's own internal use and only for the purposes for which they are
delivered to the extent that they form part of the Deliverables.
16.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed i*n a
professional and workmanlike manner. Consultant shall re -perform any work no I*n compliance
with this representation.
17.0 LIMITATION OF LIABILITY
Should any of 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 Consultant*
thereafter, (a) 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, then this Agreement may be terminated for default.
18.0 INDEMNIFICATION
Consultant agrees to hold harmless, exempt, and indemnify City, its officers, agents,
directors, servants, representatives and employees, from and against any and all suits, actions,
legal proceedings, demands, costs, expenses, losses, damages, fines, penalties, liabilities and
claims of any character, type, or description, including but not limited to any and all expenses of
litigation, court costs matto fees and all other costs and fees incident to any work done as a
result hereof.
To the extent allowable by law,, City agrees to hold harmless, exempt, and indemnify
Consultant, its officers, agents, directors, servants, representatives and employees, from and
, actions, legal proceedings, demands, costs, expenses, losses, damages,
against any and all sults
fines, penalties, liabilities and claims of any character,, type, or description, including but not
limited to any and all expenses of litigation, court costs, attorneys' fees and all other costs and
fees incident to any work done as a result hereof.
19.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, the41
ir successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party may
assign any rights or delegate any duties under this Agreement without the other party's prior
written approval, which approval shall not be unreasonably withheld.
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20.0 LOCAL, STATE AND FEDERAL TAXES
Consultant shall pay all income taxes, and FICA (Social Security and Medicare taxes)
incurred while performing services under this Agreement. The City will not do the following:
(1) Withhold FICA from Consultant's payments or make FICA payments on its
behalf;
(2) Make state and/or federal unemployment compensation contributions on
Consultant's behalf; or
(3) Withhold state or federal income tax from any of Consultant's payments.
If requested, the City shall provide Consultant with a certificate from the Texas State
Comptroller indicating that the City is anon-profit corporation and not subject to State of Texas
Sales and Use Tax.
21.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES
A. Consultant, its consultants, agents, employees and subcontractors shalt use best
efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with'all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of this contract., The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
22.0 FINANCIAL INTEREST PROHIBITED
Consultant covenants and represents that Consultant, its officers, employees, agents,
consultants and subcontractors will have no financial interest, direct or indirect, n the purchase
or sale of any product, materials or equipment that will be recommended or required hereunder.
23.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act 1"n its behalf
with regard to this Agreement:
Edna Johnson
Public TransportatI*
ion Coordinator
3400 Sunrise Drive
Round Rock, TX 78665
(512) 671-2869
ejohnsonC,4fAround rocktexas.2ov
Consultant hereby designates the following representative authorized to act in its behalf
with regard to this Agreement:
Richard L. Dreyer
Ti`ndale-01i*ver Associ*ates, Inc.
1000 North Ashley Drive, Suite 400
Tampa, FL 33602
(863) 22 1 -5 506
rdreye cr�tindateoliver,com
24.0 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 Consultant:
TindalemOliver Assoct*ates,, Inc.
1000 North Ashley Drive, Suite 400
Tampa, FL 33602
Notice to City0
:
City Manager, City of Round Rock
221 East Main Street
Round Rock,., TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
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25.0 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 sane shall lie in W6116amson County, Texas. This Agreement shall
be governed by and construed i*n accordance with the laws and court decisions of Texas.
26.0 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.
27.0 DISPUTE RESOLUTION
The Ci*ty and Consultant hereby expressly agree that no claims or disputes between the
parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
28.0 SEVERABILITY
The invalidity, illegality, or unenforceabl"ll'ty of any provision of this Agreement or the
40
occurrence of any event rendering any portion of provision of this Agreement void shall i*n 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
16
stricken provision,, The provisions of this Article shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
29.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.0 GRATUITIES AND BRIBES
City, may by written notice to Consultant, cancel this Agreement without incurring any
liability to Consultant if 1*t 1*s determined by City that gratuities or bribes in the form of
entertainment, gifts, or otherwise were offered or given by Consultant or its agents or
representatives to any City Officer, employee or elected representative with respect to the
performance of this Agreement. In addition, Consultant may be subject to penalties stated in
Title 8 of the Texas Penal Code.
31.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, i*n good faith, has reason to question the other
patty's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform. In the event that no written assurance is given within the
reasonable time specified when demand is made, then and in that event the demanding party may
treat such failure an anticipatory repudiation of this Agreement.
32.0 MISCELLANEOUS PROVISIONS
Time is of the Essence. Consultant agrees that time is of the essence and that any failure
of Consultant to co plete the services for each phase of this Agreement within the agreed
project schedule may constitute a material breach of this Agreement. Consultant shall be fully
responsible for its delays or for failures to use reasonable efforts in accordance with the terms of
this Agreement. Where damage is caused to City due to Consultant's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Consultant's payments
hereunder without a waiver of any of Cl'ty's additional legal rights or remedies. City shall render
decisions pertaining to Consultant's work promptly to avoid unreasonable decays i*n the orderly
progress of Consultant's work.
Force Majeure, Notwithstanding any other provisions hereof to the contrary, no failure,
delay or default i"n 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, delay or default; including but not limited to acts of God, acts of public
enemy, civic war, insurrection, riots, fires, floods, explosion, theft, earthquakes, natural disasters
10
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. 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
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unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed Name:
Title:
Date Signed:
For City, Attest:
By:
Sara L. white, City Clerk
For City, Approved as to Form:
LDM
Stephan L. Sheets, City Attorney
13
'i'indale- er &Associates, Inc.
.9 By:
Print d ame: .
els
Title: t�fi rtj
Date Signed: I S j -20V
Exhibit "A"
City of Round Rock
Transit Development Plan
FINAL Scope of Services
May 4,, 2021
Introduction
The City of Round Rock's last vision for transit in the community was set in 2015, and, since that time, there
has been fixed -route service implemented. Despite national transit ridership trending downward since
2013/2014,, transit utilization in the city seems to be growing based on federal ly-reported statistics and
there is widespread recognition that a new vision is critical to help enhance mobility in the community.
Beyond simply making the service more efficient and attractive to persons not currently using it, the City
aspires to ensure service addresses ongoing development and growth, meets the connectivity needs of
patrons for first mile/last mile access, and implements technological advances to support ease of use.
Given these key parameters outlining the objectives of this effort, the City of Round Rock selected Tindale
Oliver and its project team (hereinafter referred to as the "Consultant') to complete a Transit Development
Plan (TDP) for the City. The following tasks and subtasks detail the effort that the Consultant will complete
to accomplish the TDP and develop a logical plan to provide the City and its citizens with a sustainable,
implementable vision for pubic transportation services over the next five years and beyond that will guide
the future growth and financial needs of Round Rock's transit services..
Task 1: Project Initiation & Management
Because it is vitally important to provide oversight, quality control, and transparency throughout the life of
any project, this first task will set the parameters for completing the TDP effort successfully, including
development of a Project Management Plan and conduct of a project kick-off meeting.
Task I.14@: Project Management Plan
At project outset, the Consultant will develop a Project Management Plan (PMP) to summarize the
structure and strategy for the overall effort. The PMP also will provide additional detail on and delineate
specific roles and responsibilities for each task and include a detailed project schedule with key milestones.
Task 1.2.* Kick -Off Meeting
Upon completion of the draft PMP,, the Consultant will work with City staff to schedule and hold a kick-off
meeting. This meeting is critical to help ensure that staff and the Consultant team are " on the same page"
regarding the overall scope, goals, and desired deliverables for the TDP study process. During the meeting,
the Consultant also will discuss the specific methods and assumptions that will be used during the
development of the TDP, as well as the proposed components of the Community Engagement Plan
(described furtherion Task 2).
Task 1.3: Project Administration
As part of executing the PMP, brief weekly teleconferences between key members of the Consultant's
management team and the City's project manager will be held. Other team members or staff also may
participate, as appropriate.. In addition, monthly progress reports will be prepared and submitted with
project invoices. This task also will include the implementation of all elements of the Consultant's internal
QA/QC process throughout the TDP effort to ensure that all data analyses, needs assessments,
recommendations, and written content are logical, correct, and easily understandable.
City of Round Rock TDP 1
Exhibit "A"
Task 2: Community Engagement & Presentations
The community engagement process for the TDP effort will comply with the City's existing Public
Participation Plan, providing numerous opportunities for public engagement and input of transit choices in
the area. From initial planning stages through development of final TDP recommendations, outreach
activities will be ongoing and used as a primary means to collect input, as well as to educate andinform the
public about the plan and, ultimately, its results, The following subtasks outline the proposed outreach
activities that will comprise the engagement process.
Task2.LoCom unityPlan
After the kick-off meeting, the Consultant will work with City staff to develop a Community Engagement
Plan (CEP) that will consider the unique needs and characteristics of the transit community, stakeholders,
businesses,, and organizations that rely on transit, as well as those of the public. Activities will be developed
to involve and engage underrepresented communities, including elderly populations, persons with
disabilities, and minority and low-income communities. Strategies to gather input from major employers,,
educational institutions, medical facilities, affordable housing advocates, and other communities of local
significance also will be included. The draft CEP will be submitted to staff for review to ensure that it is
aligned with the City's existing Public Participation Plan. The rest of the tasks included in this se ction are
activities the Consultant envisions being included in the CEP. Additionally, accommodations can be made
for those activities that may require alternate measures due to ongoing federal, state, and City recovery
orders during COVID49, if and as necessary.
Task 2,2,,p Stakeholder Interviews
To help enhance and broaden the understanding of local conditions, the Consultant will gather perceptions
andideas about public transportation and mobility needs from key selected stakeholdersin the service
area,, For this purpose, it is proposed that up to ten (10) stakeholder interviews be conducted as part of the
engagement process. Each interview will be guided using a script of structured questions developed to
gather feedback about the role, efficacy, and future vision of transit in the city. Stakeholders will be able to
participate viainmperson, telephone, or virtual interview depending on which method fits betterin terms of
schedule and/or local social distancing requirements.
cask 2.3.o Discussion Group Workshops
To help obtain additional TDP input by selected groups, the Consultant will conduct two invitation -based
di4V scussion group workshops. These sessions typicallyinvolve a smaller group of participants (8-12 persons)
in an informal setting that permits more in-depth discussion about issues and needs. To generate
participation,, the Consultant will work with staff to identify and invite selected participants to each
workshop. Potential candidates may include various representatives from City government; members from
the business, health/medical, social service, transportation disadvantaged, disability, and education
communities; affordable housing advocates; and representation from the local chamber of commerce and
tourism association, among others. The workshop sessions will be held at accessible venues near existing
transit services that will be selected and scheduled in coordination with staff.
Task 2.4: Public Meetings
The Consultant will prepare for and participate in up to three (3) public meetings to support the outreach
process. The first meeting will occur early in the study effort tointroduce the TDP and gather general input
on needs. The second meeting will be conducted during the analysis phase to collect additional input to
City of Round Rock TDP
2
help support the development of draft recommendations. The primary focus of these initial public meetings
will be to educate attendees and collect comments and input on gaps in the transit system and unmet
needs. The last public meeting will be held during the final recommendation phase to present proposed
elements of the updated plan. The Consultant will coordinate with staff to plan and schedule each meeting
to target appropriate accessible venues and, to the extent passible, piggyback on other community events
to ensure turnout. The meetings will be held at different times to accommodate a variety of work and
personal schedules.
Task 2.,5,o, Passenger Intercept Survey
A sampled intercept survey of Round Rock transit patrons will be conducted to obtain information related
to the characteristics, preferences, and satisfaction of current riders. The intercept survey methodology and
implementation will be coordinated closely with staff to ensure that study objectives are met, and data
collection efforts are efficiently integrated with service operations. In addition, the survey questionnaire
will be developed in conjunction with staff. Electronic tablets will be used to facilitate the collection of data
during the survey interview process that will occur at the Round Rock Transit Center. Given that all four
fixed routes connect at this transfer hub, the intercept methodology will be a costmeffective way of
sampling riders for participation in the survey effort. It also will permit social distancing to ensure the safety
of both riders. and the survey staff and comply with any COVID49 mitigation measures in place at time of
the survey. The survey is expected to cover a sample of bus riders for key times of day for a representative
weekday of service. Based on the FY2019 bus passenger trip total of 68,,818 and a confidence level of 95%
with a margin of error of 10% the minimum target survey sample size will be 97 completed surveys. The
tablet -based survey application will be developed to default to English language but can be programmed
for alternative languages, as necessary.
Task 2.6.9- Online Survey
The Consultant will develop and post an online survey to gauge and understand the needs and concerns of
the public., including those who do not currently use any of the transit services offered. The survey question
script will be Coordinated closely with staff to ensure that study data needs are met. The online survey will
be posted on the City's and other available community websites and distributed via email/social media
outlets available to staff. The link also will be sent to study stakeholders to share with their clients,
members, and staff so that a large distribution network is created.
Task 2.7: Website & Social Media
To allow members of the public to participate in the TOP process without having to attend a public meeting,,
0 the Consultant will work with staff to prepare summary project information at key milestones for inclusion
on the City's transit website (and others as feasible/pertinent). Similar text and project links will be
developed for key social media outlets Currently being used by Round Rock.
Task 2,8: Presentations
As part of the TDP preparation and adoption process, the Consultant will prepare for and conduct up to five
(5) presentations during the project. Itis anticipated that three (3) of the presentations will be made to the
Round Rock City Council, with the first during amid-project milestone for interim approval, the second to
be determined at the discretion of the City's Project Manager for timing and content, and the third for final
adoption. The other two presentations will be made to some combination of community groups, City
departments, and/or other focal stakeholder committees, as requested by City staff. For each presentation,
City of Round Rock TDP 3
a user-friendly, graphical Microsoft PowerPoint slideshow will be developed, based on the TDP stage at
time of presentation. Each draft presentation will be submitted electronically to staff for review and
comment. Staff comments will be addressed to develop each final version that will be used to make the
corresponding presentation.
COVID49 Options
In lieu of in -person meetings, interviews, and other grassroots outreach methods during the ongoing
COVID,49 situation, as well as for the safety of the public and staff, our team is capable and ready to
accomplish many of the community engagement tasksion alternative/virtual formats (in case of necessity
and at the direction of the City),. Some of these alternative methods include:
• Online meetings
• Pop-up outreach
• Social meetings/meeting-in-a box kits
• Narrated presentations/story maps
� Real-time polling
• Visualization techniques
The Consultant team also is well -versed in the use of numerous alternate public meeting tools, such as
WebEX Zoom, Microsoft Teams, and GoToWebinar, to accommodate a large number of people. These
same tools could be used for the stakeholder interviews and discussion group workshops. The format of
these meetings would be conducted asif each were in person., with a presentation and interactive activities
led by consultant team members. Comment forms could be downloaded from and posted to the City's
website and/or completed and submitted on-line. In these cases, graphical content would become more
important to help stakeholders and the public understand and visualize the context of the meetings.
Another option to consider is holding meetings "by appointment only." Participants would be required to
sign up for a specific time to attend the meeting, allowing sufficient social distancing and a limited number
of people at one gathering. This option would require that several small meetings (rather than a couple
large meetings) be held.
Task 3,v Transit Plans & Studies Review
Task 3.1: Transit Plans & Studies Review
Recent local plans and studies completed within and for the Austin Urbanized Area that may have a direct
bearing on the considerations for transit services in the City will be collected and reviewed. Key elements
and policies identified in the plans that may be impactfull to transit will be highlighted and summarized.
Major benefits of this process are the enhancement of the project database with additional information
beneficial to subsequent analyses and the compilation of existing transit -related goals, objectives, and/or
policies in Round Rock and the surrounding region. documents are expected to include the 2015 Round
Rock Transit Plan; the 2017 Coordinated Public Transit —Health and Human Services Transportation Plan
completed by the Capital Area Regional Transportation Coordinating Committee and Capital Area
Metropolitan Planning Organization (CAMPO), CAMPO"s 2045 Regional Transportation Plan, related
Regional Transit Study (2020),, and Regional Transportation Demand Management Plan 2019); the Round
Rock 2030 Comprehensive Plan; Capital Metro's Project Connect Plan and Studies; the City of Round Rock
Transportation Master Plan, and other available and pertinent documents. Additionally, as part of this
City of Round Rock TDP 4
Exhibit "A"
process, the Consultant will assess the goals and objectives from the City"s 2015 Transit Plan both to
summarize status on attainment progress, as well as to update and enhance them for inclusion in the TDP,
Task 4: Existing Conditions Analysis
A critical early step in any transit planning effortis to gain an understanding of two key factors: how the
transit system is functioning and the context in which the system's services are operating. This is because
transit service functions best in an environment when it knows its capabilities and responds appropriately
to the regulatory,, geographic, environmental, land use, developmental, political, and/or sotto -economic
factors present within its operating service area. Since all of these factors can and doimpact the provision
of transit services, it is critical for transit service providers to understand them. As a result, the following
subtasks will begin identifying potential needs to address in the plan related to the demographic and
socioeconomic contexts of the Round Rock transit service area. They also will focus on the actual
functioning of the service being provided within the City so that the Consultant can understand the demand
for and supply of transit services, the effectiveness of service in meeting mobility needs, and any existing
gaps between needs and services -all aspects that help highlight the general health of transit service and
will lead to the development of logical and appropriate strategies to meet needs for inclusion in the
proposed TDPimplementation plan.
Task 4.1: Existing Operating Environment Analysis
The Consultant will collect appropriate local data to document and assess the pertinent conditions under
which the City's transit service operates,, This review will help provide a better understanding of the current
environment in which service is provided and will supply critical base data needed for subsequent tasks,.
The documentation process will include tables, maps, and graphics that describe and illustrate the
operating environment within the transit service area,. Coordination will occur with City staff and other local
agencies, as necessary, to identify the best local information for both current conditions and the plan
horizon year. Secondary sources will be used as available (e.g., 2010 Census,,, 2015=2019 American
Community Survey Five -Year Estimates data, American Housing Survey,, Longitudinal Employer -Household
Dynamics, etc,,),, Examples of information to be compiled from existing sources, as available, include;*
• Physical description of service area
• Population characteristics and trends
• Demographic characteristics and trends
• Employment and related densities
• Housing profiles and development patterns
• Current and future land use and densities
• Major activity centers and trip generators
• Travel demand patterns and commuting trends
• Roadway and traffic conditions
• Inventory of local mobility options
� Other conditions as available and beneficial for additional context
Task 4,2: Latent Demand Analysis
An important aspect of any transit planning process is to ensure that the resulting future vision for transit
accommodates areas within the operating environment that are not served (or are underserved) but have
latent ridership demand for transit services. To address the possibility of unserved/underserved demand, a
City of Round Rock TDP 5
Exhibit "A"
latent demand analysis will be completed to assist with the identification of such demand; it also will serve
to supplement the other data collection and analyses performed in other tasks. The demand analysis will
involve several innovative and transit -specific planning and market analysis tools that assistin identifying
transit -supportive populations and travel markets. These tools include the following:
• Transit Orientation Index (T01) — The T01 identifies areas of a community or region with greater
traditional transit market potential (older adults, youth, low-income, no vehicle). The objective of
this tool is to assess the traditional transit market potential.
• Density Threshold Assessment (DTA) — The DTA considers various dwelling unit and employment
density thresholds for increasing transit investments. The objective of this tool is to assess the
overall transit market potential (traditional and discretionary transit markets).
• Activity CenterAnalysis — First, key activity centers and trip generators are identified from existing
sources of data from the City, CAMPO, and/or other agencies in the area. Transit access to these
activity centers then are evaluated as part of the analysis.
• Travel Flow Analysis — This analysis is conducted using local travel demand forecasting model data,
if and as available. Travel demand model information provides a large quantity of travel data,
including zone -to -zone travel patterns, trip types, and trip time information. The model information
can be grouped to reflect larger zones, and matrices can be produced that provide trip information
between those zones and that can be used to identify commuter travel markets that may need
additional transit service,.
Task 4.3.-P fixed -Route Data Analysis
In this Subtask, the Consultant will work with Capital Metro staff to collect historical data on service levels
and ridership for the agency's Round Rock routes, as well as any established performance standards for this
service with which to adjudge effectiveness and efficiency. These data wiA be analyzed, and the results
integrated into the prior review of existing operating environment conditions, as appropriate,. Itis
anticipated that Capital Metro's National Transit Database (NTD) reports will be used for this purpose to
ensure analysis of consistent and validated data. The Consultant will review the following, as available:6
• Route/system-level operating statistics
• Existing ridership
• Fare structure and farebox data
• Fleet and facility inventory information
• Route/system-level financial information
• Available mapping and historical data
• Recent and planned service changes
Task 4.4: Paratransit Data Analysis
Similar to the fixed -route assessment, the City's paratransit services also will be reviewed. In addition to the
use of NTD reported statistics, the service provider will be contacted for current operating data, including
on -time performance, a trip sample of origin and destination information, and information on potential
issues such as trip denials, no-shows, and capacity constraints,, This information also will be analyzed, and
the results integrated into the prior subtask assessments, as appropriate,. A key aspect of the current
paratransit service to review will be the service area boundary definition currently being used in the city,
which will consider potential radius issues and best practices, as well as any other operational requirements
City of Round Rock TDP 6
that may be impacting either the provision of suitable service and/or the ability of patrons to successfully
use it for critical trip needs.
Task 4,5 Performance Monitoring Assessment
Depending on the nature of Capital Metro's internal performance standards identifledin Task 4.3, the
Consultant will review the agency's adopted performance monitoring program and recommend a similar,
specific program for the City that will allow staff to monitor the performance of its purchased services on a
regular basis using regularly available data. New performance indicators and measures may be added
and/or existing thresholds adjusted to ensure that City has an appropriate set of standards through which
to assessits specific services over time. Guidance also will be provided for appropriate timefrarnes for
which to allow new services to mature,, and the nature and timing of steps to take to address problematic
routes'.
Task 4.6: System Analysis &Field Review
Although this effort is not intended to be a detailed comprehensive operational analysis,, to ensure the
development of a logical andimplernentable strategic plan to guide transit's growth and evolution in the
city over the next five years and beyond, it will beirnportant to at least understand how the current transit
service is functioning at the network and route levels. Hence, the Consultant will conduct a high-m-level
system analysis to examine a range of operational and service structure considerations (e.g., efficient core
service vs. geographic coverage, radial vs. grid network, etc.), with particular focus on the relationships
between service area characteristics, density of demand, service coverage., service frequency, service- span,,
density of service supplied, and operational performance and cost metrics essential to optimizing service
within existing fiscal capacity.
This analysis will be accomplished primarily through a field review of the City's fixed routes by either trailing
a bus while in revenue service or riding on the bus (or both, as needed), as thisis the optimal method for
getting to know a transit service: experiencing it and observing it directly. This type of in -field assessment
will lead to an enhanced understanding of issues and concerns that maybeidentified from our various
technical analyses and/or discussion with staff. The focus will be on assessing how well the* system network
functions as a whole and identifying opportunities to improve productivity, cost-effectiveness, and service
utilization. The Consultant will examine ridership, transfer needs, and the relative allocation of service
supplied geographically and temporally to help us address gaps between mobility needs and available
services in the community. This will help us better identify opportunities to improve the efficacy of service
delivery strategies within the service area and develop and prioritize potential future transit service
improvements to address identified needs.
Task 4.7: Facilities & Infrastructure Review
The Consultant also will examine key elements of the City"s existing transit capital and infrastructure
elements. For example, the existing downtown transit tenter will be examined in terms of future space
IP 10
needs and potential service modifications, including the opportunity for supporting regional services.
Similarly, other key transfer locations will be assessed from an infrastructure standpoint so that potential
improvements can be noted -even consideration for potential new hubs. During the field review,, a highm
level observational assessment also will be made of current City bus stops so that possible enhancements
can be recommended. Finally, as local travel demand flows may warrant, opportunities for additional park -
and -ride locations also may be suggested to help enhance Round Rock transit services for work commutes
to Austin and/or other nearby communities in the region.
City of Round Rock TDP 7
Exhibit "A"
Task 4.8: Needs Assessment
All the work proposed thus far isiontended to help the Consultant team identify and assess the range of
apparent transit service -related needsin the city,, This is an important step in the overall TDP preparation
process as ft provides the foundation from which the Consultant can then develop and prioritize a logical
set of service improvement strategies to meet the identified needs. Hence, in this subtask, first the
Consultant will evaluate the need for new,improved, modified, and/or expanded transit service as well as
other related enhancements that may be necessary to bolster the transit mobility that is provided within
Round Rock. As noted, the information and analytical results from previous tasks will be critical at this stage
since, to develop logical recommendations for new service and/or service enhancement, the unique
interaction of service area, service demand, and service supply in the city first must be understood to
enable the Identification of any existing geographic/temporal gaps between needs and services. The latent
demand -related analyses discussed previously also will be used as part of this process to assess traditional
and discretionary transit markets and help identify potential target markets for service improvements.
Other considerations may include infrastructure enhancements, such as new transfer hubs, additional park -
and -ride lots, bus stop enhancements, and/or new technologies.
Task 5,@ Future & Alternate Transit Options
The prior Existing Conditions Analysis subtasks will complete the analytical efforts necessary to identify and
assess potential near- and longer -term transit service and capital/infrastructure improvement needs within
Round Rock. In this next series of subtasks under Task 5, all of this prior work will culminate in the
development of strategies specifically geared to conceptualize and prioritize logical alternatives to address
the needs, and then begin developing the foundation for an eventual implementation plan that will lay out
the phasing of recommended improvements over two timeframes.
Task 5,1,p Alternative Strategies Development
Once it has a firm grasp on the range and scale of the transit service - and infrastructure -related needs, the
Consultant then will identify and develop a menu of potential transit improvement strategies that will help
bridge the gap between identified needs and currently -available services. The goal will be to best meet the
desired vision for the City's transit services over the next five years and beyond, which may range from
1h simple growth of the existing transit services offered to consideration of adding new and innovative service
delivery concepts. Possible alternatives that may be considered could include the following:
• Route/network modifications
& Operating characteristics changes (e.g., frequency, days/span of service, etc.)
• Transfer hub network additions/modifications
• New fixed/flex/mobility-on-demand service introduction
• Technology improvements (including mobile fare payment and/or rider interface technologies for
paratransit)
• Capital/facility improvements (including park -and -ride lots, bus stop enhancements, etc.)
This process will include input on how service could be provided more effectively and efficiently in the near
term, including whether there are new, alternative seryice models that the City should consider, rather
than just the consideration of traditional incremental expansion., This will include the provision of a
41 10 potential scenario that may be used for informed decision-making about the future application of Mobfflty-
of Round Rock TDP 8
on -Demand (MOD) service within the community as part of the overall mix of transit services being offered,
including howit may best be transitioned into the mix over time.
The goal of the overall process will be to identify,, prioritize, and advance transitiomprovement strategies
that will not only best meet the desired vision over the TDP's five-year horizon, but also will be logical and
sufficiently actionable so that, once phased in the implementation and financial plans, truly will be
impfementable. Notably, the availability of the Remix software will help facilitate the development of
alternative strategies that involve changes and/or enhancements to the City's existing fixed bus route's.
Task 5.2.& Tiered Recommendations
Using the transit improvement strategies developed in Task 5.1, the Consultant will work with staff to
0
develop a twoAiered program of operational and capital recommendations for service additions,
modifications, and/or improvements to better match local market demand (existing and latent) for mobility
and to yield more robust operational performance and service quality within acceptable fiscal constraints.
Even though the primary focus of the TDP will be the next 5 years, the specific recommendations will be
phased logically over a 10awyear period,, accommodating Near -Term (next 1-5 years) and Long -Term (next 6,,
10 years) implementation stages,.
Near -Term Recommendations — This initial stage is expected to include enhancements to existing transit
services (e.g., frequency -of -service adjustments, day/span-of-service adjustments, modified routing, etc.),
new services (e.g., flex routes, express service,, etc.), necessary cap'ltal/'I'nfrastructurei'mprovements, and
other recommended items that are higher priority,, easier to implement, and/or lower -cost or cost -neutral
in nature to facilitate implementation in the more immediate future (1=5 years).
Long -Term Recommendations — Some recommendations will be developed that either are not as
i41 mmediate in terms of priority or need, or are sufficiently extensive so as to require additional planning and
time to implement. For example,if the need for a direct bus service between downtown Round Rock and
the Austin -Bergstrom International Airport were identified, the addition of this new regional route may
require more time for development, start-up, and/or funding identification. It also would require planning
and scheduling activities as well as development of supporting infrastructure (e.g., bus stops, etc.),
potential acquisition of additional vehicles, driver training, and marketing, among other activities,, As a
result., such longer -term improvements are expected to be accommodated over the next 640 years of the
implementation timeframe.
Regardless of timeframe, the Consultant further understands that some of the recommended changes may
necessitate consideration of potential secondary effects, such as impacts on ADA complementary
paratransit service area and/or on Title VI populations. Hence, the Consultant will use pertinent GIS
analyses to assess any changes in service coverage and/or distribution of infrastructure amenities resulting
from the recommendations to ensure that there are no disparate Title VI impacts and/or paratransit service
area adjustments.
Task 61a Existing & Future Financials
Based on the alternative strategies identified and the set of recommendations proposed for the two
implementation timeframes, the Consultant team will complete a related financial analysis that will
examine existing costs and revenues, as well as potential future sources of additional funding that may be
considered.
City of Round Rock TDP 9
Exhibit "A"
Task 6.1: Existing Transit Budges Review
The Consultant will work with staff to acquire, review, and understand the City's current budget allocation
for all local public transportation services. This will include a look back at the historical trend for costs and
IP
revenues, and consideration of the City's projections for future revenue streams anticipated that maybe
available to support service growth. This budget information will help establish the basis for completing the
financial plan for the TOP, which is discussed in more detail in Task 7.
Task 6.2: Funding Sources Assessment
Given that itis likely that the TDPimplementation plan developed in Task 7 will indicate some
recommendations occurring at some point over the coming years for which there are insufficient or no
current fiscal resources, it will be important to identify potential sources for funds that could help make the
implementation, operation, and maintenance of such recommended service/capital improvements a
reality. To this end, our team first will consider existing operating and capital funding sources identified
during the assessment of the current City transit budget and finances, as well as past sources (if any) that
were used previously or considered for use. This will help provide analytical context for which sources have
had success to date, especially at the local level. It also will help determine whether any current or previous
sources have been used to their fullest extent,.
In addition,, other potential funding sources that are relevant to transit will be identified. National- and
state -level documentation on potential funding sources for transit, such as any Texas Department of
Transportation resources and the Transit Cooperative Research Program"s (TCRP) Local and Regional
Funding Mechanismsfor Public Transportation, will be reviewed for this purpose. This due diligence will
ensure that a broad range of federal, state, and local funding sources have been identified for possible
consideration,, including Small Transit Intensive Cities (STIC) apportionments, the Congestion Mitigation and
Air Quality Improvement (CMAQ) Program,, and Surface Transportation Program (STP),
Based on the range of potential funding sources that are identified, the Consultant will highlight potential
advantages and disadvantages of each source for the purpose of Round Rock's needs. The focus of this
assessment primarily will be on the key issues that are inherent for each source, especially those available
to support operations. From this assessment, it is anticipated that a subset list of the most applicable
transit funding alternatives to consider for the future transit service needs will result. This subset of more
realistic funding sources then will be reviewed and evaluated for benefits, ease of implementation,
documented success, and potential barriers to use, thereby providing staff with guidance on the most
appropriate funding targets for the TDP's recommended future improvements, regardless of whether they
are local, state, or federal in nature.
Task 7s. Transit Improvement & implementation Plan
Finally, all of the work from the prior tasks will Culminate with the preparation of the core element of the
TDP@, theirnplemmentation plan. This plan will compile all the recommended service and capital
improvements for the City's transit services in a phased fashion. Based on this implementation plan, a
corresponding financial plan also will be prepared. It will complement the implementation plan by laying
out the financial pro forma for the recommendations included therein over the course of the TDP's
planning horizon.
City of Round Rock TDP 10
Exhibit "A"
Task 7.18-a implementation Alan
The two sets of tiered recommendations from Task 5.2 will be combined to form a comprehensive and
operationally -feasible program for staged transit service improvement and growth in the city. This strategic
program also will include related transit capital improvements,,including technology upgrades. The result
will be a logical, phased implementation plan identifying the best set of options for serving mobility
demand and needs in the city through the next decade, but with focus on the next five years. The plan also
will provide appropriate guidance and agency roles for carrying it out.
Task 7-2: Financial Plan
To support the TDP's implementation plan, the Consultant will develop a financial plan that first will identify
10 the annual projected operating and capital costs of maintaining the existing Round Rock service based on
current budget experience and anticipated ongoing revenue streams. It will add the estimated operating
and capital costs of implementing the tiered recommended service and capital improvements over the life
of the plan, based on appropriate unit costs,. For the plan, all costs and revenues will be presented in
current -year dollars and inflated for year of expenditure, with full assumptions outlined and documented.
The financial plan development process will help determine the City's fiscal capacity to support the TDP"s
vision and objectively document anticipated "initial" revenue from which to scenario -plan its ability to fund
existing transportation services and proposed new services,, As appropriate, based on the work completed
in Task 6.2, guidance also will be provided on the most logically -attainable new funding sources to pursue
to help implement specific recommendations in the plan for which there are no current fiscal resources.
Task 8.* Deliverables
As tasks are completed throughout the strategic TDP planning effort., the Consu*ltant team will begin
compiling the resulting data collection,, analyses, community engagement, identified needs,, and proposed
recommendations into draft technical memoranda that will be shared and discussed with City staff to
ensure that appropriate progressies made during the planning process. These technical memoranda will
comprise the key chapters of the final TDP documentation.
Task 8.1: Draft & Final Transit Development Plan
The key task -related technical memoranda developed throughout the analysis and planning effort will be
compiled into a complete, draft TDP,. This document will include theimplementation and financial plans, as
well. A PDF file of the draft will be submitted to City staff for review and comment. Once the draft TDP has
been reviewed and accepted, any comments provided will be addressed and the document will be finalized.
A total of ten (10) bound copies of the final TDP will be produced and submitted to staff for use and
dissemination. In addition, one (1) USB drive containing all pertinent documents in Microsoft Word/Excel,
ArcGIS 10.4, and Adobe Acrobat (PDF) formats will be prepared, including the draft and final reports,
graphics, data, and maps and associated GIS shapefiles.
Task 8.2: Draft & Final Executive Summary
Based upon the final report, a concise Executive Summary document will be developed for more
widespread dissemination purposes. A PDF file of the draft Executive Summary containing key highlights
from the full report will be provided to staff for review, and comments will be addressed andincluded in
the final Executive Summary,. A total of ten (10) bound copies will be produced and submitted to staff for
City of Round Rock TDP 11
Exhibit "A"
use and dissemination. Electronic copies of both the draft and final Executive Summary documents will be
included on the submitted USB drive.
Task 8.3: Final Presentation
As noted previously in Task 2.8, among the five (5) planned presentations throughout the course of the
effort, one (1) will be made at project close to the Round Rock City Council to adopt the Final TDP.
Additionally, all Microsoft PowerPoint slideshows developed throughout the project, including the one used
for the final adoption meeting, also will be provided with all final electronic project materials on the USB
drive.
Project Schedule
All elements of this effort, including presentations, are expected to be completed within 12 months from
Notice to Proceed (NTP) from the City, as indicated in the timeline illustrated on the following page. This
schedule assumes that the bulk of the community engagement and analyses will be completed within the
first 10 months, with the remaining time for draft/final documentation delivery and review, and final
adoption presentation(s). The project schedule assumes NTP by early May 2021, which may need to be
amended depending on actual project start.
City of Round Rack
Transit Development Plan
Project Schedule
1 Pt*d btitistiote 89 !
2 C J Engagamen & Prssentstions............ . . .. . ............ - .............
2.1 �Coturnunity Engagement PImP.^�mm_._
2.2 staltehotder Imemean
2.3 niscussion Group ft tshops s
...-------- ---- '
2.4 Public Meetings r A
2.5 Passsnger Intercept survey
----------------
2.ti Onti Swaer A,,,..
2.7 Website a soc ial M=dia , r :,
22
Pi eseMstions
3
Transit Places & Stud" Reviser
4
Exh ft Corsdions Ailysi:
S
Future & Altanete Transit Options
.....--..._-..--------------------------------------
6
---- ----- _ ._-_........- ..._. _..
E)&ing 6 Futtn Flmrwh s
T
Transq Inepruvement Impsbaserets" RM
4
Task Duration Mow, pmw"s Report
Kick-41 luting P MP ! CE P
City of Round Rock TGP 12
A project budget has been developed based on the task- and sub -task -level activities included in this Scope
of Services. The budget is presented on the next page. It reflects a total of hours ofprofessionai and
support staff effort at a total cost of $195,514.05.
City of Roared Rock iDP 13
Exhibit "A"
City of Round Rock
Transit Development Plan
Project Budget
us
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8.3
Rnal Pf"Onu Ion Wkwed under Task 2 81
$0.00
Total Direct Labor (all tasks, all comvlonh)
31
140
133
194
202
72
74 ! 24
1 W 1b
a 122 1,2?0
S182,434.0S
dotal Direct Expenses (tr*vel, printlM etc.)
(ND7E-
$13,080.00
�Sud>-COnwFtlnt3�
_._...-.._..._..------ -------------- ------- ---- ----------
s
';
tkWJ8 AmooWes - £44twVcondim aandyslr a Paonvnen+dadom
-.-
228
S34,91S.00
CUP Canr.wrxry enpogemrrir &survey KWporf
288
$34,905.00
DBE 8 (CO&PI
a.
Percent DSE
j
f s (e[orrarnr class ttverap cost accounti4 for time of pmr fluctuatransl
9 b
5500
Srt.S00
Hotel #per nW average cost accouncrq# for time of Wtar fluctuatwn,f
_
1S hotel rvEfrsu E
125
$1 875
Rental Car f p'r day averse cost)
17 rMtat data
$445
S) 10S
Per D+ern (based on standard federal pridelinesl
51 lr.sarr aaoSO
S2 700
;Local M leiVe far TX -based Sub-4oasultants 40-mile ag round trip. vkowv.
20 round taps
52750
$550
, her Intidlntat Travel costs 4rarfsin4 tolls, fut(, ete.�
17 persontrps
- $50 �
wo
Month Pr t Costs inun . communications, over t mail ttc.
3 (firms 10 rsrOnthR
$SO
51,5
17.9%
City of Round Rock TDP 14