R-05-07-28-11E1 - 7/28/2005 RESOLUTION NO. R-05-07-28-11E1
WHEREAS, the City of Round Rock has previously entered into a
Standard Form of Agreement Between Owner and Architect/Consultant
( "Agreement" ) with Kimley-Horn and Associates, Inc . for the Old
Settlers Park at Palm Valley Family Aquatic Center Project, and
WHEREAS, Kimley-Horn and Associates, Inc. has submitted
Supplemental Agreement No. 1 to the Agreement for a change in the scope
of services, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 1 with Kimley-Horn 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 Supplemental Agreement No. 1 with Kimley-Horn and
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 28th day of July, 2005 .
NYWELL, Mayo
A T: City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre ry
BPMesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R5072BEI.WPD/sc
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 1 TO "STANDARD FORM
OF AGREEMENT BETWEEN OWNER AND DESIGN CONSULTANT"
This Supplemental Agreement No. 1 to "Standard Form of Agreement Between Owner
and Design Consultant' is made by and between the City of Round Rock, Texas (hereinafter
called "City" or "Owner") and Kimley-Horn and Associates, Inc. (hereinafter called "KHA" or
"Design Consultant').
WHEREAS, City and Design Consultant executed a Standard Form of Agreement
Between Owner and Design Consultant" (hereinafter called the "Agreement') on the day of
July, 2005 for the following Project:
Professional services generally including Task I Coordination and Design Management,
and Task IV Master Planning / Programming related to the following: design and
construction of a new family aquatic facility on a site in Old Settlers Park at Palm Valley
in Round Rock, Williamson County, Texas; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions
for the scope of services, and to modify the compensation; and
NOW, THEREFORE, premises considered, City and Design Consultant agree that said
Agreement is amended as follows:
I.
SCOPE OF SERVICES
Article 1.1.2.3 shall be amended as follows:
Add the following Tasks to the existing Task I and Task IV:
Task II Existing Conditions and Topographic Survey
City shall provide to Design Consultant a topographic survey of the site in
AutoCAD 2004. The topographic survey will be a detailed ground survey
showing existing above-ground conditions, utilities, contours at one-foot (P)
intervals, spot elevations, physical features, and single trees greater than six
inches (6") in diameter in the vicinity of planned improvements. Datum will be
00088857/jkg
EXHIBIT
"All
tied to a benchmark or datum designated by City. Design Consultant shall use
the AutoCAD files to prepare an existing conditions and removal plan for the
proposed aquatic center.
Task III Geotechnical Report/ Soils Investigation
City shall provide Design Consultant with a geotechnical engineering services
report for the park site. This work will consist of doing two to four borings per
site in the vicinity of proposed pool and building structures. The reports will
provide recommendations for any required soil modification, dewatering,
building foundation, pool structure, concrete paving, and footing designs.
Task V Schematic Design
(A) Preparing of schematic plans, sections, and outline specifications for the
pools, buildings, and site development showing critical dimensions and
features.
(B) Providing a statement of probable construction costs for the pools,
buildings, and site development, and answering questions regarding
probable cost data.
(C) Providing information on finishes equipment, lighting, outlets, pool water
supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the schematic design and to
obtain schematic design comments.
(E) Finalizing the schematic design package to reflect changes and comments
determined by consensus at meetings with City representatives.
Task VI Design Development
(A) Preparing design development plans and specifications for the pools,
buildings, and site development.
(B) Providing a statement of probable construction costs for the pools,
buildings, and site development, and answering questions regarding
probable cost data.
(C) Providing information on finishes equipment, lighting, outlets, pool water
supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the 100% design development
design and to obtain design development comments.
2
(E) Finalizing the 100% design development package to reflect changes and
comments determined by consensus at meetings with City representatives.
Task VII Construction Documents
(A) Preparing final construction plans and specifications for the pools,
buildings, and site development.
(B) Providing a statement of probable costs for the pools, buildings, and site
development, and answering questions regarding probable cost data.
(C) Providing final specifications and details on finishes equipment, lighting,
outlets, pool water supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the 100% construction
documents.
(E) Finalizing the 100% construction documents to reflect changes and
comments determined by consensus at meetings with City representatives.
Items to be included in the construction documents set are:
(1) Site development plans (layout, grading, storm sewer and
drainage areas, water and sanitary sewer, lighting, power
distribution, erosion control, planting and irrigation, and details).
(2) Building plans (floor plans, elevations, section, details, HVAC,
plumbing, electrical, food service equipment, finishes, and
structural).
(3) Project manual consisting of technical specifications and City's
front-end master contract documents.
Task VIII Bidding Phase
(A) Assisting City in preparing the advertisement for bids.
(B) Assisting with pre-qualification of pool contractors and general
contractors.
(C) Answering questions from bidders and preparing addenda as necessary.
(D) Assisting City as required in opening bids.
3
(E) Providing bid tabulations and Letters of Recommendation. (A summary
of the bid analysis will be provided to City for use in selection and award
of the construction contract).
(F) Furnishing the selected contractor and City with final plans for
construction.
Task IX Construction Phase Services
Construction Phase Services do not include a full-time resident project
representative.
(A) Providing site observation visits appropriate to the state and quality of the
contractor's work in progress. Site observation visits shall be provided
for the purpose of ascertaining for City that the work is in substantial or
general conformance with the contract documents and design intent.
(1) Should non-conforming or defective work be observed, Design
Consultant will immediately inform City's representative that
conforming or remedial action is required.
(2) The number of site observation visits to be provided by Design
Consultant shall be appropriate to the work in progress as
determined in the judgment of Design Consultant, or as otherwise
requested or directed by City, but in any event shall not exceed an
aggregate total of eight (8) visits over the period of the
contractor's construction contract.
(B) Conducting coordination meetings with contractors, inspection personnel,
and City representatives to discuss strategy, problem areas, progress, and
any required or requested coordination; and preparing a summary of these
meetings and distribute them to City and contractor. Coordination
meetings shall not exceed an aggregate total of nine (9) meetings
conducted in conjunction with a site observation visit. Design
Consultant's estimation is that construction will take approximately eight
(8) months.
(C) Reviewing shop drawings and other submittal information for the purpose
of ascertaining conformance with the design intent and construction
documents.
(D) Providing written responses to requests for information or clarifications.
(E) Preparing and processing change orders, if required.
4
(F) Reviewing monthly pay requests by the contractor.
(G) Assisting City in conducting substantial completion and final completion
observations.
(H) When complete, recommending final acceptance of work.
During the Construction Phase, Design Consultant will not be responsible for the
contractor's means, methods, techniques, sequences, or procedures of
construction or the safety precautions and programs incident thereto. Design
Consultant will not be responsible for the contractor's failure to perform or
furnish the work in accordance with the construction documents. Design
Consultant will not be responsible for any delays in the execution of the work
caused by the contractor.
II.
COMPENSATION
Article 1.1.2.5 shall be amended as follows:
The financial parameters are as follows:
Design Consultant's compensation for services under this Agreement shall not exceed
$232,000.00 for Basic Services, which sum shall include all Task I through Task IX deliverables
but shall not include reimbursable expenses. Payment to Design Consultant for approved
reimbursable expenses (such as reproduction of plans and specifications, plan distribution, ADA
review fees, postage, courier services, express delivery charges, travel, and the like) shall not
exceed the sum of$12,000.00 without prior express written approval from Owner.
Article 1.1.5 shall be amended as follows:
The information contained in this Article 1.1 may be reasonably relied upon by Owner and
Design Consultant in determining Design Consultant's compensation. However, it is expressly
agreed and understood by all parties that the total sum of $232,000.00, plus reimbursable
expenses in the total sum of$12,000.00 shall represent the absolute limit of Owner's liability to
Design Consultant, unless same shall be changed by Supplemental Agreement hereto. Any such
Supplemental Agreement to this Agreement must be duly authorized by City Council resolution
or appropriate action of the City Manager.
Article 1.3.3.1 shall be amended as follows:
Change in Services of Design Consultant, including services required of Design Consultant's
subconsultants, may be accomplished after execution of this Agreement, without invalidating the
Agreement, if mutually agreed in writing. It is expressly agreed and understood by all parties
that the total sum of $232,000.00, plus reimbursable expenses in the total sum of $12,000.00
5
shall represent the absolute limit of Owner's liability to Design Consultant, unless same shall be
changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this
Agreement must be duly authorized by City Council resolution or appropriate action of the City
Manager.
Article 1.3.7.1 shall be amended as follows:
If Owner fails to make payments to Design Consultant in substantial compliance with this
Agreement, such failure may be considered substantial nonperformance and cause for suspension
of performance of services under this Agreement. If Design Consultant elects to suspend
services, prior to suspension of services, Design Consultant shall give fifteen (15) days' written
notice to Owner. In the event of a suspension of services, Design Consultant shall have no
liability to Owner for delay or damage caused Owner because of such suspension of services.
Before resuming services, Design Consultant shall be paid all non-disputed sums due prior to
suspension Design Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted. However, it is expressly agreed and understood by all parties that the total
sum of$232,000.00, plus reimbursable expenses in the total sum of$12,000.00 shall represent
the absolute limit of Owner's liability to Design Consultant, unless same shall be changed by
Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be
duly authorized by City Council resolution or appropriate action of the City Manager.
Article 1.4.1 shall be amended as follows:
For Design Consultant's services as comprehensively described herein, compensation shall be
computed as follows:
Design Consultant's compensation for services under this Agreement shall not exceed
$232,000.00 for Basic Services, which sum shall include all deliverables but shall not include
reimbursable expenses. Payment to Design Consultant for approved reimbursable expenses
(such as reproduction of plans and specifications, plan distribution, ADA review fees, postage,
courier services, express delivery charges, travel, geotechnical report/soils investigation, and
existing conditions/topographic survey) shall not exceed the sum of $12,000.00 without prior
written approval from Owner.
IN WITNESS WHEREOF, City and Design Consultant have executed this
Supplemental Agreement No. 1 in duplicate originals.
OWNER DESIGN CONSULTANT
CITY OF ROUND ROCK, TEXAS KIMLEY-HORNE AND ASSOCIATES, INC.
By: By:
Nyle Maxwell, Mayor Thomas L. Whalen, Production Manager
6
FOR OWNER,ATTEST:
Christine R. Martinez, City Secretary
FOR OWNER, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
7
DATE: July 22, 2005
SUBJECT: City Council Meeting - July 28, 2005
ITEM: 11.E.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Standard Form of Agreement Between Owner
and Architect with Kimley-Horn &Associates, Inc. for the Old Settlers
Park at Palm Valley Family Aquatic Center Project.
Department: Parks and Recreation Department
Staff Person: Rick Atkins, PARD Director
Justification:
Engineering services needed for the design and creation of construction plans necessary to
construct the Old Settlers Park at Palm Valley Family Aquatic Center Project. Also included in the
contract will be construction observation duties.
Funding: $2,800,000.00
Cost: $ 225,000.00
Source of funds: General Capital Improvement Funds-GO Bonds
Outside Resources: N/A
Background Information:
The Old Settlers Park at Palm Valley Family Aquatic Center project involves the creation of an
outdoor aquatic facility consisting of pool elements, as well as spray features and a water slide.
This project was part of the 2001 GO Bond package.
Public Comment: This project was the focus of a Mayor's Presidents Roundtable
Meeting that was held on June 21, 2005.
EXECUTED
DOCUMENT
FOLLOWS
THE STATE OF TEXAS §
CITY OF ROUND ROCK §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 1 TO "STANDARD FORM
OF AGREEMENT BETWEEN OWNER AND DESIGN CONSULTANT"
This Supplemental Agreement No. 1 to "Standard Form of Agreement Between Owner
and Design Consultant" is made by and between the City of Round Rock, Texas (hereinafter
called "City" or "Owner") and Kimley-Horn and Associates, Inc. (hereinafter called "KHA" or
"Design Consultant").
WHEREAS, City and Design Consultant executed a Standard Form of Agreement
Between Owner and Design Consultant" (hereinafter called the "Agreement') on the) day of
July, 2005 for the following Project: �,r r'1,1
Professional services generally including Task I Coordination and Design Management,
and Task IV Master Planning / Programming related to the following: design and
construction of a new family aquatic facility on a site in Old Settlers Park at Palm Valley
in Round Rock, Williamson County, Texas; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions
for the scope of services, and to modify the compensation; and
NOW, THEREFORE, premises considered, City and Design Consultant agree that said
Agreement is amended as follows:
I.
SCOPE OF SERVICES
Article 1.1.2.3 shall be amended as follows:
Add the following Tasks to the existing Task I and Task IV:
Task 11 Existing Conditions and Topographic Survey
City shall provide to Design Consultant a topographic survey of the site in
AutoCAD 2004. The topographic survey will be a detailed ground survey
showing existing above-ground conditions, utilities, contours at one-foot (F)
intervals, spot elevations, physical features, and single trees greater than six
inches (6") in diameter in the vicinity of planned improvements. Datum will be
00088857/jkg
tied to a benchmark or datum designated by City. Design Consultant shall use
the AutoCAD files to prepare an existing conditions and removal plan for the
proposed aquatic center.
Task III Geotechnical Report/ Soils Investigation
City shall provide Design Consultant with a geotechnical engineering services
report for the park site. This work will consist of doing two to four borings per
site in the vicinity of proposed pool and building structures. The reports will
provide recommendations for any required soil modification, dewatering,
building foundation, pool structure, concrete paving, and footing designs.
Task V Schematic Design
(A) Preparing of schematic plans, sections, and outline specifications for the
pools, buildings, and site development showing critical dimensions and
features.
(B) Providing a statement of probable construction costs for the pools,
buildings, and site development, and answering questions regarding
probable cost data.
(C) Providing information on finishes equipment, lighting, outlets, pool water
supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the schematic design and to
obtain schematic design comments.
(E) Finalizing the schematic design package to reflect changes and comments
determined by consensus at meetings with City representatives.
Task VI Design Development
(A) Preparing design development plans and specifications for the pools,
buildings, and site development.
(B) Providing a statement of probable construction costs for the pools,
buildings, and site development, and answering questions regarding
probable cost data.
(C) Providing information on finishes equipment, lighting, outlets, pool water
supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the 100% design development
design and to obtain design development comments.
2
(E) Finalizing the 100% design development package to reflect changes and
comments determined by consensus at meetings with City representatives.
Task VII Construction Documents
(A) Preparing final construction plans and specifications for the pools,
buildings, and site development.
(B) Providing a statement of probable costs for the pools, buildings, and site
development, and answering questions regarding probable cost data.
(C) Providing final specifications and details on finishes equipment, lighting,
outlets, pool water supply and waste, structural design, and site utilities.
(D) Meeting with City representatives to present the 100% construction
documents.
(E) Finalizing the 100% construction documents to reflect changes and
comments determined by consensus at meetings with City representatives.
Items to be included in the construction documents set are:
(1) Site development plans (layout, grading, storm sewer and
drainage areas, water and sanitary sewer, lighting, power
distribution, erosion control,planting and irrigation, and details).
(2) Building plans (floor plans, elevations, section, details, HVAC,
plumbing, electrical, food service equipment, finishes, and
structural).
(3) Project manual consisting of technical specifications and City's
front-end master contract documents.
Task VIII Bidding Phase
(A) Assisting City in preparing the advertisement for bids.
(B) Assisting with pre-qualification of pool contractors and general
contractors.
(C) Answering questions from bidders and preparing addenda as necessary.
(D) Assisting City as required in opening bids.
3
(E) Providing bid tabulations and Letters of Recommendation. (A summary
of the bid analysis will be provided to City for use in selection and award
of the construction contract).
(F) Furnishing the selected contractor and City with final plans for
construction.
Task IX Construction Phase Services
Construction Phase Services do not include a full-time resident project
representative.
(A) Providing site observation visits appropriate to the state and quality of the
contractor's work in progress. Site observation visits shall be provided
for the purpose of ascertaining for City that the work is in substantial or
general conformance with the contract documents and design intent.
(1) Should non-conforming or defective work be observed, Design
Consultant will immediately inform City's representative that
conforming or remedial action is required.
(2) The number of site observation visits to be provided by Design
Consultant shall be appropriate to the work in progress as
determined in the judgment of Design Consultant, or as otherwise
requested or directed by City, but in any event shall not exceed an
aggregate total of eight (8) visits over the period of the
contractor's construction contract.
(B) Conducting coordination meetings with contractors, inspection personnel,
and City representatives to discuss strategy, problem areas, progress, and
any required or requested coordination; and preparing a summary of these
meetings and distribute them to City and contractor. Coordination
meetings shall not exceed an aggregate total of nine (9) meetings
conducted in conjunction with a site observation visit. Design
Consultant's estimation is that construction will take approximately eight
(8) months.
(C) Reviewing shop drawings and other submittal information for the purpose
of ascertaining conformance with the design intent and construction
documents.
(D) Providing written responses to requests for information or clarifications.
(E) Preparing and processing change orders, if required.
4
(F) Reviewing monthly pay requests by the contractor.
(G) Assisting City in conducting substantial completion and final completion
observations.
(H) When complete, recommending final acceptance of work.
During the Construction Phase, Design Consultant will not be responsible for the
contractor's means, methods, techniques, sequences, or procedures of
construction or the safety precautions and programs incident thereto. Design
Consultant will not be responsible for the contractor's failure to perform or
furnish the work in accordance with the construction documents. Design
Consultant will not be responsible for any delays in the execution of the work
caused by the contractor.
II.
COMPENSATION
Article 1.1.2.5 shall be amended as follows:
The financial parameters are as follows:
Design Consultant's compensation for services under this Agreement shall not exceed
$232,000.00 for Basic Services, which sum shall include all Task I through Task IX deliverables
but shall not include reimbursable expenses. Payment to Design Consultant for approved
reimbursable expenses (such as reproduction of plans and specifications, plan distribution, ADA
review fees, postage, courier services, express delivery charges, travel, and the like) shall not
exceed the sum of$12,000.00 without prior express written approval from Owner.
Article 1.1.5 shall be amended as follows:
The information contained in this Article 1.1 may be reasonably relied upon by Owner and
Design Consultant in determining Design Consultant's compensation. However, it is expressly
agreed and understood by all parties that the total sum of $232,000.00, plus reimbursable
expenses in the total sum of$12,000.00 shall represent the absolute limit of Owner's liability to
Design Consultant, unless same shall be changed by Supplemental Agreement hereto. Any such
Supplemental Agreement to this Agreement must be duly authorized by City Council resolution
or appropriate action of the City Manager.
Article 1.3.3.1 shall be amended as follows:
Change in Services of Design Consultant, including services required of Design Consultant's
subconsultants, may be accomplished after execution of this Agreement, without invalidating the
Agreement, if mutually agreed in writing. It is expressly agreed and understood by all parties
that the total sum of $232,000.00, plus reimbursable expenses in the total sum of $12,000.00
5
shall represent the absolute limit of Owner's liability to Design Consultant, unless same shall be
changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this
Agreement must be duly authorized by City Council resolution or appropriate action of the City
Manager.
Article 1.3.7.1 shall be amended as follows:
If Owner fails to make payments to Design Consultant in substantial compliance with this
Agreement, such failure may be considered substantial nonperformance and cause for suspension
of performance of services under this Agreement. If Design Consultant elects to suspend
services, prior to suspension of services, Design Consultant shall give fifteen (15) days' written
notice to Owner. In the event of a suspension of services, Design Consultant shall have no
liability to Owner for delay or damage caused Owner because of such suspension of services.
Before resuming services, Design Consultant shall be paid all non-disputed sums due prior to
suspension Design Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted. However, it is expressly agreed and understood by all parties that the total
sum of$232,000.00, plus reimbursable expenses in the total sum of$12,000.00 shall represent
the absolute limit of Owner's liability to Design Consultant, unless same shall be changed by
Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be
duly authorized by City Council resolution or appropriate action of the City Manager.
Article 1.4.1 shall be amended as follows:
For Design Consultant's services as comprehensively described herein, compensation shall be
computed as follows:
Design Consultant's compensation for services under this Agreement shall not exceed
$232,000.00 for Basic Services, which sum shall include all deliverables but shall not include
reimbursable expenses. Payment to Design Consultant for approved reimbursable expenses
(such as reproduction of plans and specifications, plan distribution, ADA review fees, postage,
courier services, express delivery charges, travel, geotechnical report/soils investigation, and
existing conditions/topographic survey) shall not exceed the sum of $12,000.00 without prior
written approval from Owner.
IN WITNESS WHEREOF, City and Design Consultant have executed this
Supplemental Agreement No. 1 in duplicate originals.
OWNER DESIGN CONSULTANT
CITY OF ROUND ROCI - AS KIMLEY-HORN ND ASSOCIATES, INC.
By: By:
axwell, Mayor Thomas L. Whalen, Production Manager
6
FOR OWNER, ATTEST:
Christine R. Martinez, City Secretary
FOR OWNER, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
7