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R-00-10-26-13E1 - 10/26/2000Mayor Robert. Sth ka, Jr. Mayor Pro-tem Pars M. Hairston Cooadl Members Tom Nielson Carrie Pitt Earl Palmer Isabel Callahan Jimmy Joseph City Manager Robert Bennett. Jr. City Attorney Stephan L Sheets CITY OF ROUND ROCK December 5, 2000 Mr. James B. Duncan James Duncan and Associates, Inc. 13276 Research Boulevard, Suite 208 Austin, Texas 78750 Dear Mr. Duncan: The Round Rock City Council approved Resolution No. R- 00- 10- 26 -13E1 at their regularly scheduled meeting on October 26, 2000. This resolution approves the agreement with James Duncan and Associates, Inc. for professional consulting services for recommendations for the revision and update of the zoning ordinance. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Joe Vining at 218 -5428. Sincerely, Joanne Land City Secretary Enclosures Fax: 512-218-7097 1- 800 - 735- 2989TDD 1- 800 -735 -2988 Voice www.ci.round- rock.lx.os 221 East Main Sheet Round Rock Texas 78664 512 -218 -5400 RESOLUTION NO. R- 00- 10- 26 -13E1 WHEREAS, the City of Round Rock desires to retain professional consulting services for recommendations for the revision and update of the zoning ordinance, and WHEREAS, an Agreement for Consulting Services with James Duncan and Associates, Inc. has been prepared, and WHEREAS, the City Council desires to enter into said Agreement for Consulting Services with James Duncan and 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 Consulting Services with James Duncan and Associates, Inc. for professional consulting services for recommendations for the revision and update of the zoning ordinance, a copy of said Agreement being attached hereto 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, and the Act. E . \ wnou \RESOLUTI \xoloa6El.weo /,c RESOLVED this 26th day of October, 2000. E LAND, City Secretary 2 City of Round Rock, Texas Task Scope of Work Fees 1. Background and Reconnaissance $4,560 2. Issue Identification/Policy Direction $13,120 3. Organization and Format $4,060 4. Initial Draft $27,800 5. Public Review $12,880 6. City Council Adoption $8,240 7. Post- Adoption Revisions $3,240 8. Total $74,620 Mayor Robert A. Stluka City of Round Rock 221 E. Main Street Round Rock, TX 78664 Dear Mayor Stluka: duncan associates land development regulations growth management impact fees RE: Letter of Agreement for Professional Services This letter will serve as the Agreement between James Duncan and Associates, Inc., d/b /a Duncan Associates, a professional corporation located in Austin, Texas (Consultant) and the City of Round Rock for the revision and update of Chapter 11 of the City of Round Rock Code of Ordinances (Zoning Regulations and Historic Preservation Ordinance). The Consultant will also be responsible for Integrating the Landscape Ordinance Into the revised Chapter 11 regulations. The Consultant will complete the attached Scope of Work (Attachment I) according to the following chart. These fees include all expenses: For the services provided by the Consultant as described in Attachment I, the City shall compensate the Consultant based upon the percentage complete for IndMdual tasks and in accordance with the fee schedule outlined in Attachment III. Invoices shall be submitted monthly, and paid on a percent of task complete basis. Payment of each such invoice shall be due to Consultant within thirty (30) days of receipt by City. It is understood that the Consultant may use the services of McDonald Associates, attorneys -at- law, as subcontractors in the performance of certain services as presented in Attachment I. Any other subcontractor relationships must first be approved by the City. 13276 research boulevard • suite 208 • austin ix 78750 • phone 512 258 7347 • fax 512 258 9994 • email firm @duncanplan.com Mayor Robert A, Sfluka Ciiy of Round Rock Page 2 Upon your authorization by the City Council, please sign and return one of the enclosed copies. I am looking forward to working with you and other representatives of the City. Sincerely, James Duncan and Associates, Inc. d/b /a D ncan Associates ames B. Duncan, FAICP President AGREED AND ACCEPTED CITY OF ROUND ROCK Enclosures: Attachment I: Scope of Work • Consultant Responsibilities Attachment 11: Scope of Work - City Responsibilities Attachment 111: Payment Policy, Fee Schedule, Timetable Attachment IV: Termination Attachment V: Miscellaneous Provisions -a (o -CCU Date 13276 research boulevard • suite 208 • auslln ix 78750 • phone 512 258 7347 • fax 512 258 9994 • email fIrm@duncanplan.com ATTACHMENT I Scope of Work — Consultant Responsibilities James Duncan and Associates, Inc., d/b/a Duncan Associates, a professional corporation located in Austin, Texas (Consultant) will revise and update Chapter 11 of the City of Round Rock Code of Ordinances (Zoning Regulations and Historic Preservation Ordinance). The Consultant will also be responsible for integrating the Landscape Ordinance into the revised Chapter 11 regulations. TASK 1: BACKGROUND AND RECONNAISSANCE The first task of the Consultant's scope will focus on organizational and substantive project issues. During the task, the Consultant will work to identify information sources, refine responsibilities, discuss overall goals and reach agreement on many other project issues. This initial task will also serve as a forum for addressing substantive issues to be explored during the Consultant's analysis and drafting work. By conducting these reconnaissance tasks right away, the Consultant will ensure the early identification of issues that have a direct bearing on the project. A. Data Gathering The Consultant will identify data and information needs, including ordinances, plans, studies, maps and other development - related documents and records. B. Document Review The Consultant will conduct a preliminary review of existing zoning, subdivision, landscaping and other development regulations. The Consultant will also review the General Plan 2000, the Palm Valley Area Plan, the adopted Neighborhood Plans, the Guidelines for the Downtown Reinvestment Zone, the Design Guidelines for Historic Properties and any other adopted land use policy documents. C. Organizational Meeting The Consultant will attend a meeting with the City staff in Round Rock to discuss project organization, communication, public participation, logistical issues and findings from the preliminary document review. D. Zoning Advisory Committee During the organizational meeting, the Consultant will discuss the membership of a Zoning Advisory Committee. The Consultant believes in the idea of establishing such an advisory committee to serve as the initial review body (along with staff) for drafts of the Zoning Ordinance. The Zoning Advisory Committee will also serve as the convener of meetings and as the sounding board for alternative approaches. It would be commonplace for the committee to include members of the various boards that handle the zoning ordinance, supplemented by interested citizens from throughout the community. E. Stakeholder Interviews and Public Meeting The Consultant will conduct small group or one -on -one interviews with public officials and key stakeholders (e.g., neighborhood activists, business leaders, attorneys, architects and engineers) to gain an early understanding of important local issues. The Consultant will also be present at and conduct a corresponding public workshop to provide information about the project and to gather early public input. F. Field Survey The Consultant will conduct a field survey of existing development pattems within the corporate limits of Round Rock in order to understand the applied cumulative effects of past regulations and development trends better. TASK 2: ISSUE IDENTIFICATION AND POLICY DIRECTION A. Document Review The Consultant will complete its analysis of existing City regulations, procedures, permits, plans and policies. B. Issue Identification Memorandum The Consultant will prepare a report describing the key regulatory issues to be addressed during the project. The report will address the revisions required to comply with the General Plan 2000, the Palm Valley Area Plan, the adopted Neighborhood Plans and major policy issues raised during the Task 1 Interviews and Public Meeting. In addition, the report will recommend strategies that will limit the number of Planned Unit Development Districts in both existing and new districts. A proposed zoning strategy will be described, along with the strengths and weaknesses of the proposed strategy or any alternative strategies. This strategy will draw on the Consultants view of the ability of the existing zoning ordinance to implement the goals and objectives of the City's existing policy documents. C. Advisory Committee Meeting The Consultant will attend a meeting with City staff and the Zoning Advisory Committee to discuss task findings and receive comments. Revisions to the Issue Identification Memorandum will be made as necessary. D. Workshop Presentation to City The Consultant will facilitate a workshop presentation to the City Council and the general public describing the major policy issues. The Consultant will ask the Council for direction on these issues at this time, in order to avoid duplication of effort during the drafting process. Members of the Planning and Zoning Commission, Development Review Board and Historic Preservation Commission will also be invited to attend the workshop and to provide input. TASK 3: ANNOTATED OUTLINE A. Annotated Outline During Task 3, the Consultant will develop a proposed format and organizational scheme for the revised Zoning Ordinance. Early resolution of organization and format issues will allow the Consultant to begin work on those sections of the Zoning Ordinance that are not likely to change substantially. During this task the Consultant will attend a meeting with the City Attomey to discuss and resolve document format and codification issues. The Consultant's proposed outline will include examples of proposed page formatting and presentation techniques. Besides addressing format and organization issues, the Annotated Outline will provide another opportunity to establish a common understanding about what is to be accomplished in the Zoning Ordinance before the Consultant begins the actual drafting work. The Outline document will include annotations describing proposed revisions and additions to the existing ordinance. B. Advisory Committee Meeting At the conclusion of Task 3, the Consultant will attend a meeting with City staff and the Zoning Advisory Committee to discuss the outline and receive recommendations. Revisions will be made to the outline in response to comments and recommendations received during this meeting. All subsequent work products will be prepared in the format agreed upon during this Task. TASK 4: INITIAL DRAFT ZONING ORDINANCE A. Drafting The Consultant's initial draft of Round Rock's new Zoning Ordinance will be prepared during this task. During this task the Consultant will prepare simple communication tools (graphics, text, matrix, and/or index) to convey relationships defined in the Zoning Ordinance. The drafting process will be split into at least three distinct components in order to aid in review of the material with staff and the Zoning Advisory Committee: 1. Administrative and Procedural Provisions This stage of the drafting process will focus on review and approval procedures; the role of review and decision - making bodies such as the Planning and Zoning Commission, the Development Review Board and the Historic Preservation Commission; and administration and enforcement matters. This stage will also include the procedural provisions for annexation and original zoning. 2. Districts and Use Provisions This stage of the drafting process will focus on those portions of the Zoning Ordinance containing districts and use provisions, including zoning districts, use regulations, dimensional standards, specific standards for special uses, and other similar standards. This stage will also identify, define, and revise special uses including but not limited to institutional uses, religious assembly, group homes, elderly housing care facilities, medical services, auto services, business parks and industrial uses. In addition, special districts such as Downtown Mixed Use and the Planned Unit Development will be evaluated. The Palm Valley Area overlay district also will be developed during this task. 3. Remaining Substantive Provisions This stage of the drafting process will focus on those portions of the Zoning Ordinance containing all of the general development standards, including off- street parking requirements, landscaping and similar B. Staff Review The Consultant anticipates that the draft ordinance provisions will be thoroughly reviewed by staff and the Zoning Advisory Committee. The Consultant will allow at least two weeks for review of draft work products prior to meeting with staff or the Committee. C. Advisory Committee Review After allowing adequate time for review by the City staff and Zoning Advisory Committee, the Consultant will attend meetings in Round Rock to discuss the draft ordinance provisions and receive direction. During these visits to the City, the Consultant will also be available to provide project status reports to public officials and interest groups. The Consultant will attend at least three visits to the City during this Task. D. Public Review Draft Upon completion of the three separate "modules" of the zoning ordinance, the Consultant will make all revisions discussed with staff and the Zoning Advisory Committee and submit a draft of the ordinance suitable for public review. TASK 5: PUBLIC REVIEW development and compatibility standards, nonconformity provisions and definitions. A. Public Workshop Following completion of the full draft, the Consultant will attend and facilitate a public workshop to introduce the draft, describe any significant changes, and discuss any relevant issues. B. Planning & Zoning Commission Hearings After allowing adequate time for the community to thoroughly review the draft Zoning Ordinance, the Consultant will attend two public hearings with the Planning Commission to present and discuss the document and solicit comments and recommendations for further changes. TASK 6: CITY COUNCIL ADOPTION A. Public Hearing Draft Based on policy direction received from the Planning & Zoning Commission during the Task 5 public hearings, the Consultant will prepare a revised final public hearing draft of the Zoning Ordinance intended for review and consideration by the City Council. B. Public Hearings After allowing adequate time for the community to thoroughly review the draft Zoning Ordinance, the Consultant will attend two public hearings with the City Council to present and discuss the document. TASK 7: POST - ADOPTION REVISIONS At the conclusion of the public hearings and adoption of the ordinance, the Consultant will prepare the final Zoning Ordinance document, complete with changes approved by the City Council during the public hearing process. The Consultant will then deliver both a camera -ready paper copy and a CD -ROM copy of the final Zoning Ordinance to the City. During this task the City will have the opportunity to purchase from the Consultant Optional Work Products as defined in the Consultant's initial proposal. ATTACHMENT 11 Scope of Work — City Responsibilities 1. The Planning and Community Development Department will provide the following materials and services to the Consultant: a. Planning documents including a list of official Zoning Ordinance interpretations, General Plan 2000, Palm Valley Area Plan, Neighborhood Plans and various studies. b. GIS data or reports that the Planning Department has on file that may aid in the development of the Zoning Ordinance. 2. The Planning and Community Development Department will provide the following services: a. Provide guidance in the development of the Zoning Ordinance. b. Coordinate all public meetings and hearings, with assistance from the Consultant. c. Assist the Consultant, as necessary, in order to obtain any required information from other City departments. d. Be the primary contact for all inquiries concerning the project. e. Provide the Consultant with timely review and decisions necessary in order to complete the project on schedule. f. The Planning and Community Development Department will duplicate and distribute all reports referenced in Attachment I of the agreement. Task Scope of Work Fees 1. Background and Reconnaissance $4,560 2. Issue Identification/Policy Direction $13,120 3. Organization and Format $4,080 4. Initial Draft $27,800 5. Public Review $12,880 6. City Council Adoption $8,240 7. Post - Adoption Revisions $3,240 8. Total $74,620 Task Nov 00 Dec 00 Jan 01 Feb 01 Mar 01 Apr 01 May 01 June 01 Jul 01 Aug 01 1\ Background 2\ Issues/Policies 3\ Organization + Format 4\ Initial Draft 5\ Public Review 6\ City Council Adoption T Post - Adoption Revisions 0 o • 0 • 0 0 • 0 • 0 • 0 • • • 0 • • 0 Attachment 111 Payment Policy, Fee Schedule, Timetable For services provided by Consultant as described in Attachment I, the City shall compensate the Consultant based upon the percentage complete for individual tasks and in accordance with the fee schedule and timetable outlined below. Task numbers correspond with the task numbers outlined in Attachment I, Scope of Work. Invoices shall be submitted monthly, and paid on a percent of task complete basis. Payment of each such invoice shall be due to Consultant within thirty (30) days of receipt by City. All documents prepared in the performance of this Agreement shall be delivered to City before final payment is made to Consultant. Consultant shall begin its services promptly after receipt of an executed copy of this Agreement and will complete the services and deliverables pursuant to the timetable below. Times for performance shall be extended for periods of delay resulting from circumstances over which Consultant has no control. chedule 0 = deliverable • = meeting/workshop/hearing In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Vendor will be made within thirty (30) days of the day on which the City receives the supplies, materials, equipment, or within (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which the City receives a correct invoice for the supplies, materials, equipment, or services, whichever is later. Vendor may charge a late fee (fee shall not be greater than that which is permitted by Texas Law) for payments not made in accordance with this prompt payment policy, however, this policy does not apply to payments made by the City in the event: • there is a bona fide dispute between the City and Vendor concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or • the terms of a Federal contract, grant, regulation, or statute prevent the City from making a timely payment with Federal Funds; or • there is a bona fide dispute between Vendor and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the services performed which causes the payment to be late; or • The invoice is not mailed to the City in strict accordance with instructions, if any, on the purchase order, or this Agreement or other such contractual agreement. No payment will be made for any services other than those agreed to in the Scope of Work and the Consultant's work plan, except: A. In the event the City adds extra work, the City will pay the consultant the hourly rate stipulated in the contract upon receipt of a proper invoice for the extra work completed. The Principal Planner must authorize in writing any and all extra work. B. Invoicing shall be in the same manner as described above. Upon receipt and approval of each invoice, the City shall make a good faith effort to pay the amount which is due and payable within (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. Attachment IV Termination Policy The Agreement may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent in writing of both parties. (2) By the City by notice in writing to the Consultant as a consequence of failure by the Consultant to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Consultant upon not less than (30) days written notice to the Consultant. (5) By the satisfactory completion of all services and obligations described herein. Should the City terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Consultant. In determining the value of the work performed by the Consultant prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Agreement under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the consultant defaults in the performance of this Agreement or if the City terminates this Agreement for fault on the part of the Consultant, the City shall give consideration to the actual costs incurred by the Consultant in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is useable to the City, the cost to the city of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and consultant under this Agreement. If the termination of this Agreement is due to the failure of the Consultant to fulfill its Agreement obligations, the City may take over the project and prosecute the work to completion. In such case, the Consultant shall be liable to the City for any additional cost occasioned by the City. Regarding subcontractors, the Consultant shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Consultant in support of the scope of services under this Agreement. This Agreement shall be governed by the laws of the State of Texas, and venue shall lie in Williamson County, Texas. This Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the parties hereto. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against the parties hereto. The parties to this Agreement hereby affirmatively agree that arbitration shall not be utilized as a dispute resolution method. Any claim, dispute or other matter in question arising out of or related to this Agreement may be subject to mediation which, unless the parties agree otherwise, shall be in accordance with the customary mediation rules currently in effect. The parties agree to share the mediator's fee and any filing fees equally. The mediation shall be held in Round Rock, Williamson County, Texas, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. C-1TPXT ZONINNGK. WPD/Ikg Attachment V Miscellaneous Provisions DATE: October 18, 2000 SUBJECT: City Council Meeting — October 20, 2000 ITEM: 13.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Consulting Services with James Duncan and Associates for recommendations for the revision and update of the zoning ordinance. James Duncan and Associates is an award - winning planning and growth management - consulting firm that specializes in land development regulations. Duncan Associates has successfully revised and updated land development codes for over 75 communities in 26 states. The Consultant shall begin services promptly after receipt of an executed copy of this Agreement. The projected completion and adoption date of the revised Zoning Ordinance is August 2001. The contract amount is for $74,620. The budgeted amount for this item is $75,000.