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CM-2024-188 - 7/5/20244872-2859-2584/ss2 CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES FOR REGIONAL CONNECTIVITY ANALYSIS WITH ALFRED BENESCH & COMPANY DBA “BENESCH” THE STATE OF TEXAS § § THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS § COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § THIS AGREEMENT for professional consulting services related to Regional Connectivity Analysis (the “Agreement”) is made by and between the CITY OF ROUND ROCK, a Texas home-rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664-5299, (the “City”) and ALFRED BENESCH & COMPANY d/b/a “BENESCH,” located at 1000 North Ashley Drive, Suite 400, Tampa, Florida 33602 (the “Consultant”). RECITALS: WHEREAS, City desires to contract for professional services for preparation of a Regional Connectivity Study; and WHEREAS, City has determined that there is 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: 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: 1.0 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 from the Effective Date until the successful completion of the Regional Connectivity Analysis, which is estimated four (4) months from the Notice to Proceed. CM-2024-188 2 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. 2.0 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 advising City concerning those matters on which Consultant has been specifically engaged. Consultant shall perform services in accordance with this Agreement, in accordance with the appended proposal for services, and in accordance with prevailing consulting industry standards for comparable services. 4.0 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 as set forth in Section 9.0. 5.0 CONTRACT AMOUNT In consideration for the professional consulting services to be performed by Consultant, City agrees to pay in accordance with Exhibit “A” for services and the Scope of Services deliverables delineated in Exhibit “A.” Total payment to the Consultant shall not exceed Forty- Nine Thousand Seven Hundred Ninety-Three and No/100 Dollars ($49,793.00). 6.0 INVOICE 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. 3 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 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 later than the time period required under the Texas Prompt Payment Act described in 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 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 Consultant’s net income. 7.0 PROMPT PAYMENT POLICY In accordance with Chapter 2251, 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 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 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 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. 8.0 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 affect such termination by giving Consultant a written notice of termination at the end of its then- current fiscal year. 4 9.0 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 be responsible for actions by Consultant nor for any costs incurred by Consultant relating to additional work not directly authorized by Supplemental Agreement. 10.0 TERMINATION; DEFAULT Termination: It is 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 in 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 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 Consultant is in receipt of amounts due and owing under 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. Notwithstanding the foregoing, such documents are not intended or represented to be suitable for reuse by the City or others on extensions of the Project or on any other project. Any reuse other than for the specific purpose intended under this Agreement and without written verification or adaptation by Consultant will be at the user’s sole risk and without liability or legal exposure to Consultant or Consultant’s independent professional associates, or subconsultants from all claims, damages, losses, and expenses including attorneys’ fees arising out of or resulting therefrom. 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 and has failed to meet the Standard of Care which has not been cured by Consultant. 5 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 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 and has failed to meet the Standard of Care which has not been cured by Consultant. Neither Consultant, nor its subconsultants shall be responsible for errors or omissions in documents which are incomplete as a result of the early termination of this Agreement. 11.0 CITY’S RESPONSIBILITIES Full information: The City shall provide full 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 information reasonably necessary to provision of services. Consultant agrees, in a timely manner, to provide City with a comprehensive and detailed information request list, if any. 12.0 INDEPENDENT CONTRACTOR STATUS Consultant is an independent contractor and is not the City’s employee. 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 6 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 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 City shall not hire, supervise, or pay assistants to help Consultant. (5) Neither Consultant nor its employees or subcontractors shall receive training from 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. 13.0 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 in confidence by Consultant as set forth hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any proprietary or confidential information relative to this Agreement, and to not make any use thereof other than for the performance of this Agreement, provided that no claim may be made for any failure to protect information that occurs more than three (3) years after the end of this Agreement. The parties recognize and understand that 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 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 7 Information.” Each party shall use Confidential Information of the other party only in furtherance of the purposes of this Agreement and shall not disclose such Confidential Information to any third party without the other party’s prior written consent, which consent shall not be unreasonably withheld. Each party agrees to take reasonable measures to protect the confidentiality of the other party’s Confidential Information and to advise their employees of the confidential nature of the Confidential Information and of the prohibitions herein. Notwithstanding anything to the contrary contained herein, neither party shall be obligated to treat as confidential any information disclosed by the other party (the “Disclosing Party”) which: (1) is rightfully known to the recipient prior to its disclosure by the Disclosing Party; (2) is released by the Disclosing Party to any other person or entity (including governmental agencies) without restriction; (3) is independently developed by the recipient without any reliance on Confidential Information; or (4) is or later becomes publicly available without violation of this Agreement or may be lawfully obtained by a party from any non-party. Notwithstanding the foregoing, either party will be entitled to disclose Confidential Information of the other to a third party as may be required by law, statute, rule or regulation, including 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. 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, upon Consultant’s receipt of the amounts due and owing under 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 Consultant shall own any general skills, know-how, expertise, ideas, concepts, methods, techniques, processes, software, or other similar information which may have been discovered, created, developed or derived by Consultant either prior to or as a result of its provision of services under this Agreement (other than Deliverables). Consultant’s working papers and Consultant’s Confidential Information (as described herein) shall belong exclusively to the Consultant. City shall have a non-exclusive, non-transferable license to use Consultant’s Confidential Information 8 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. Notwithstanding the foregoing or anything to the contrary in the Contract Documents, such documents and deliverables are not intended or represented to be suitable for reuse by the City or others on extensions of the Project, or any other project. Any reuse other than for the specific purpose intended under this Agreement and without written verification or verification or adaption by Consultant’s will be at user’s sole risk and without liability or legal exposure to Consultant or to Consultant’s independent professional associates or subconsultants. 14.0 REPRESENTATIONS Consultant represents that all services performed hereunder shall be performed consistent with the Standard of Care as defined in Article 28 of this Agreement. Consultant shall re- perform any work not in compliance with this representation. 15.0 LIMITATION OF LIABILITY Should any of Consultant’s services not conform to the requirements of the City or of this Agreement and the Standard of Care, 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. The City and Consultant agree that to the fullest extent permitted by law neither party shall be liable to the other for any special, indirect, or consequential damages whatsoever, whether caused by either party’s negligence, errors, omissions, strict liability, breach of contract, breach of warranty, or other cause or causes. 16.0 INDEMNIFICATION Consultant agrees to hold harmless, exempt, and indemnify City, its officers, directors, 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, reasonable attorneys’ fees and all other costs and fees to the extent caused by negligent acts, errors, or omissions of the Consultant, its employees agents or subcontractors, or others for whom the Consultant is legally liable, in the performance of any work done as a result hereof. To the extent allowable by law, City agrees to hold harmless, exempt, and indemnify Consultant, its officers, directors, representatives and employees, from and against 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, attorneys’ fees and all other costs and fees incident to any work done as a 9 result hereof. 17.0 ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party may assign any rights or delegate any duties under this Agreement without the other party’s prior written approval, which approval shall not be unreasonably withheld. 18.0 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 a non-profit corporation and not subject to State of Texas Sales and Use Tax. 19.0 COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES A. Consultant, its consultants, agents, employees and subcontractors shall use best efforts to comply with all applicable and non-conflicting 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 in effect on the effective date of this Agreement. If any discrepancy or inconsistency should be discovered between the specification established for the Scope of Services and any law, regulation, ordinance, order, or decree applicable to the Scope of Services, Consultant shall immediately report such discrepancy or inconsistency to the City and will conform its work to any orders or instructions issued by the City. 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 2271, 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. 10 20.0 FINANCIAL INTEREST PROHIBITED Consultant covenants and represents that Consultant, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required hereunder. 21.0 DESIGNATION OF REPRESENTATIVE The City hereby designates the following representative authorized to act in its behalf with regard to this Agreement: Edna Johnson Transit Coordinator 3400 Sunrise Drive Round Rock, TX 78665 (512) 671-2888 ejohnson@roundrocktexas.gov 22.0 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: Alfred Benesch & Company dba “Benesch” 1000 North Ashley Drive, Suite 400 Tampa, FL 33602 Notice to City: City Manager, City of Round Rock 221 East Main Street Round Rock, TX 78664 AND TO: Stephanie L. Sandre, City Attorney 309 East Main Street Round Rock, TX 78664 11 Nothing contained in this section shall be construed to restrict the transmission of routine communications between representatives of the City and Consultant. 23.0 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 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. 24.0 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. 25.0 DISPUTE RESOLUTION The City and Consultant hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. The City and Consultant agree that non-binding mediation shall be a condition precedent to initiating legal or equitable actions by either party, which shall be conducted in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect unless otherwise agreed by the parties. The cost of mediation shall be shared equally between the parties. 26.0 SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion of provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion of provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. 12 27.0 STANDARD OF CARE Consultant represents that it is experienced and qualified 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 consistent with the professional skill and care ordinarily provided by firms practicing in the same or similar locality under the same or similar circumstances. 28.0 GRATUITIES AND BRIBES City, may by written notice to Consultant, cancel this Agreement without incurring any liability to Consultant if it is 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. 29.0 RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party’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. 30.0 MISCELLANEOUS PROVISIONS Time is of the Essence. Consultant shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Any failure of Consultant to complete the services for each phase of this Agreement within the agreed project schedule may constitute a material breach of this Agreement. Consultant shall be fully responsible for its delays or for failures to use reasonable efforts in accordance with the terms of this Agreement. City shall render decisions pertaining to Consultant’s work promptly to avoid unreasonable delays in the orderly progress of Consultant’s work. 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, 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, epidemics, pandemics, government orders, or other casualties, strikes or other labor troubles, which in any way restrict the performance under this Agreement by the parties. 13 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 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. [Signatures on the following page.] 14 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereafter indicated. CITY OF ROUND ROCK, Texas ALFRED BENESCH & COMPANY dba “BENESCH” By: _____________________________ By: _______________________________ Printed Name: _______________________ Printed Name: ______________________ Title: _____________________________ Title: ______________________________ Date Signed: ________________________ Date Signed: ________________________ For City, Attest: By: _____________________________ MEAGAN SPINKS, City Clerk For City, Approved as to Form: By: _____________________________ Stephanie L. Sandre, City Attorney Sr. Vice President Bill Ball 06/28/2024 Stephanie L. Sandre City Manager Laurie Hadley 07/10/2024 Exhibit "A" 1000 N Ashley Drive, Suite 400 Tampa, FL 33602 b e Nn e S Cc h www.benesch.com P 813-224-8862 City of Round Rock Regional Connectivity Analysis Proposed Scope of Service Introduction The City of Round Rock intends to move forward with the second phase of its microtransit implementation process based on Option #4: Citywide On-Demand, from its most recent Transit Development Plan (TDP). This means that its current Route 50 local bus service will be discontinued. This leaves only two other fixed routes in operation in the city, Routes 152 and 980, both of which are primarily regional commuter routes. Route 152, which is an extension of the southbound Route 50 starting at the Walmart at Louis Henna, connects City riders to the Tech Ridge Park-and-Ride. Route 980, branded as the North MoPac Express, operates as a commuter express from the downtown Round Rock Transit Center to downtown Austin with a stop at the New Life Park-and-Ride. This route has been running at a reduced level since the pandemic with only one AM and one PM trip per weekday. With the planned changes in local service, City staff need to understand how to move forward with the regional commuter services. Is local commuter service needed only to Tech Ridge, or does downtown Austin continue to serve as a major attractor for local residents during the work week? Where should the express service begin? Is downtown Round Rock sufficient, or does it need to extend to University Boulevard and the Texas State area? And, when should the service operate? Which days of the week and hours of the day would most benefit the travel patterns of the City’s commuters? It is the intent of this regional connectivity analysis to answer these questions for the City of Round Rock and propose one or more logical regional commuter routes to supplement the Citywide On-Demand services. Task 1: Project Kickoff & Management Task 1.1: Kickoff Meeting Given the anticipated smaller scale of this effort, we will forgo development of a Project Management Plan. Instead, at the outset of the project, we will convene a virtual kickoff meeting with key City staff to review the scope of the study effort and the City’s priorities for regional service connectivity. Task 1.2: Project Management As needed, we also will schedule and facilitate regular conference calls between key members of our project team and the City’s Project Manager to discuss project progress. In addition, monthly progress reports will be prepared and submitted with project invoices. Task 2: Regional Route Analysis Task 2.1: Existing Regional Route Review In this task, we will collect current ridership, schedule, and other operating data for Routes 152 and 980 to support a review of their function and performance. We will work with City staff to determine the Exhibit "A" Exhibit "A" 1000 N Ashley Drive, Suite 400 Tampa, FL 33602 www.benesch.com P 813-224-8862 availability of and acquire bus stop-level passenger activity data with which we also can assess the utilization of these routes geographically. All of the information collected will be used to establish a detailed profile for each route. The analysis of these routes will help us better understand how they are currently being utilized for regional commuter activities. Task 2.2: Regional Travel Flow Analysis To add more in-depth context to the use of the two commuter routes, we will use American Community Survey data from the US Census and, as feasible, Replica© to assess commuter travel flows between Round Rock and Austin. The intent of this analysis is to establish top local travel desire lines geographically so that they can help inform where people are traveling from and to as they connect between the two cities. The travel flow patterns also can help establish where logical route termini and/or intermediate stops should be considered to best support local travel needs for work and other purposes. Task 2.3: Transit Market Review Given the extensive prior work on local transit markets completed in the City’s TDP and Mobility-on- Demand Study, it will not be necessary to replicate this effort. However, it may be beneficial to review the prior findings again with a specific focus on the service areas of the two commuter routes. It is possible that the results of one or more of the travel market analyses may provide additional insight into the potential redesign of these routes. Any findings from this review will be incorporated into the route profiles that will be developed as part of Task 2.1. Task 3: Regional Rider Survey Task 3.1: On-Board Rider Survey A brief rider survey will be developed that will focus on regional commuter travel needs, including specific trip logistic information (origin/destination locations and bus stop locations for access/egress), typical days of travel, and typical hours of travel. To make the most efficient use of City resources, it is envisioned that the survey will be facilitated online, with QR codes to access the survey provided to riders via flyers at major access points and on board the buses (pending approval from the service provider). It will run at least one week to allow for a sufficient response level. Once the survey is complete, the results will be analyzed for application in the service development phase of this effort. Task 4: Regional Route Recommendations The results of the analyses and reviews from the prior tasks will be used to evaluate the need for improved, modified, and/or expanded regional commuter bus routes in the study area. Based on this need, and the nature of local regional commuting patterns, we will be able to develop and recommend one or more logical regional commuter express bus routes for the City of Round Rock to consider for implementation. Exhibit "A" Exhibit "A" 1000 N Ashley Drive, Suite 400 Tampa, FL 33602 benesch wena com Task 4.1: Regional Route Needs Assessment The assessment of the existing commuter routes, the review of prior local transit market research, the nature of local regional commuting patterns, and the results of the rider survey will be used to assess the local needs for regional commuter bus service. Based on all this information, this need will be specifically defined in terms of where, when, and how such service should operate both within the City and regionally. Task 4.2: Regional Route Service Alternatives Once we understand the geographic, temporal, and operational context of the regional commuting needs in the city, we will develop up to five (5) regional route alignment concepts using Remix that will best meet the identified needs. It is anticipated that these concepts primarily will differ in terms of roadways utilized, terminal endpoints, and potential intermediate stops (though it is possible that some variety in operating schedules may be proposed, as well). Thereafter, we will meet with City staff to review the concepts and select the alternative(s) with the greatest applicability to meet the City’s regional commuting needs. Task 4.3: Regional Route Recommendations After the selection of the preferred alternative(s) to meet Round Rock’s regional commuting needs, we will develop the final operational guidance for each selected alternative. This will include a proposed operating schedule in terms of service week and daily service span and timetable, as well as mapping for the detailed route alignment with designated endpoints and stops. Sufficient detail will be provided for potential use as a model specification for obtaining an entity to operate the service for the City. Task 4.4: Potential Cost Analysis Using the detailed service plans for each recommended route coming out of Task 4.3, we will use local information, as available, to develop an estimate of probable cost for each route. This analysis will rely on the City’s assistance in getting current local transit service unit cost data for the operation of local fixed-route bus service for application to each newly-proposed route. This information also will be invaluable to City staff as they seek to obtain an entity to operate the service. Task 5: Final Documentation Task 5.1: Summary Report All work and findings from the previous tasks will be summarized in a brief study report that will document the regional connectivity analysis and resulting recommendations for the City. Once complete, this draft document will be submitted to City staff in electronic format for review and comment. Any comments provided then will be addressed to prepare the final study document. One (1) print-ready color copy of the final study document will be produced and submitted to City staff for use as needed. In addition, electronic files containing all pertinent documentation in Microsoft Word/Excel, ArcGIS, and Adobe Acrobat (PDF) formats will be provided to staff on a flash drive, including Exhibit "A" Exhibit "A" 1000 N Ashley Drive, Suite 400 Tampa, FL 33602 benesch wn Densch com the final summary report, graphics, data, and all maps and associated GIS shapefiles. Task 6: Title VI Assessment (Optional) Task 6.1: Title VI Assessment of Recommendations To ensure equity for the proposed regional route recommendations (as compared to the current services that may be replaced by them should the City move forward with implementation), the recommended routes, including any changes to service span and frequency, will be examined based on impacts to identified Title VI/EJ areas within the City’s existing service area. The analysis will focus on service equity as defined through Federal Transit Administration guidance, and the findings and recommendations for mitigation, if any, will be documented and reviewed by City staff. Given that this task is optional, it has been budgeted but will not be completed unless authorized by City staff during the completion of the rest of this proposed scope of service. Time of Completion It is anticipated that this study effort will be completed within four (4) months from Notice to Proceed (NTP). Exhibit "A" =) benesch Exhibit "A" Round Rock Regional Connectivity Analysis Level of Effort and Fee Estimate 1000 N Ashley Drive, Suite 400 Tampa, FL 33602 www.benesch.com P 813-224-8862 ask De oie 287.38 $258.00 | $158.53 $99.16 | $87.53 Hours — Fee “Task 1 [Project Kickoff & Management ta eel Race pps oho oan eas nae ape sPe 2 10 12 4 6 34 $5,979 1.1 | Kick-off Meeting (virtual) 2 2 4 4 2 14 $2,297 1.2 |Project Management 8 8 4 20 $3,682 _Task2__|Regional Route Analysis ae es ay ba ie Bee Ee | Sas 1 10 28 40 6 85 $11,79% 2.1 |Existing Regional Route Review 4 8 10 2 24 $3,467 2.2 gional Travel Flow Analysis 1 4 16 24 2 47 $6,411 2.3 |Transit Market Review 2 4 6 2 14 $1,920 Task 3 Regional Rider Survey : goes pe ness ae s abe 1 2 24 32 2 61 $7,956 3.1. |On-Board Rider Survey 1 2 24 32 2 61 $7,956 Task 4 [Regional Route Recommendations = ye ipa a ere eee 4 20 28 40 4 96 $15,065 4.1 |Regional Route Needs Assessment 1 6 8 12 1 28 $4,381 4.2 |Regional Route Service Alternatives 1 6 10 12 1 30 $4,698 4.3 |Regional Route Rec dati 1 4 6 10 1 22 $3,350 44 Potential Cost Analysis 1 4 4 6 1 16 $2,636 Tasks [Final ao ee ee 2 4 10 2 26 5.1 [Summary Report 2 4 10 2 26 = a EME ewe weet £ 23 ae Sie oe 2 16 34 6.1 |TitleviA of dations 2 4 10 16 34 $4,954 Total Direct Labor (Tasks 1-5) 10 46 100 126 20 302 $44,840 Total Direct Labor (Optional Task 6) 2 4 10 16 2 34 $4,954 Total Direct Expenses (travel, printing, etc.) $o Sub-Consultants so Exhibit "A"