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CM-2019-0237 - 8/9/2019SUPPLEMENTAL AGREEMENT NO.2 TO "CITY OF ROUND ROCK AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES RELATED TO THE MAIN STREET INTERVENTION STRATEGY PROJECT WITH STUDIO 116:19, LLC" CITY OF ROUND ROCK § STATE OF TEXAS § COUNTY OF TRAVIS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: THIS SUPPLEMENTAL AGREEMENT NO. 2 to "City of Round Rock Agreement for Landscape Architectural Services related to the Main Street Intervention Strategy Project with Studio 1 16:19" LLC," hereinafter called "Supplemental Agreement No. 2,- is made by and between the City of Round Rock, Texas. a home -rule municipality (hereinafter referred to as the "City") and Studio 116:19, LLC (hereinafter referred to as "Consultant"). WHEREAS, the City and Consultant executed the referenced "City of Round Rock Agreement for Landscape Architectural Services related to the Main Street Intervention Strategy Project." hereinafter called the "Agreement:" and WHEREAS, (lie City and Consultant executed Supplemental Agreement No. I on Jul.. 26, 2018 to amend the scope of services and to increase the compensation by $136,590.00 for a total of $154,840.00: and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $27,295.00 to $182,135.00; and NOW THEREFORE, premises considered. and in consideration of the mutual promises and obligations in the Agreement and this Supplemental Agreement, the City and Consultant agree as follows: 1. Section 2.0 PROPOSAL FOR SERVICES shall be amended as follows: For the purposes of this Agreement. the City agrees to furnish the Consultant the information set forth and appended to this Agreement as Exhibit "A" and the Addendum to Exhibit "A" titled "City Services," incorporated here in by reference for all ournoses. For purposes of this Agreement Consultant issued its proposal for services, such proposal for services being attached to this Agreement as Exhibit "B" and the Addendum to Exhibit "B" titled "Scope of Services," incorporated herein by reference for all purposes. 0042902 [ 552 It. Section 3.0 SCOPE OF SERVICES shall be amended as follows: Consultant shall satisfactorily provide all services described herein and as set forth in Exhibit "B" and the Addendum to Exhibit "B." Consultant shall perform the Scope of Services in accordance to the Tentative Work Schedule set forth in Exhibit "C" and the Addendum to Exhibit "C,"- attached hereto and incorporated herein for all purposes. Section 4.0 LIMITATIONS TO SCOPE OF SERVICES shall be amended as follows: Consultant's undertakings shall be limited to performing services for City and/or advising Cite concerning those matters on which Consultant has been specifically engaged. Consultant and City agree that the Scope of Services to be performed is enumerated in Exhibit "B" and the Addendum to Exhibit "B." IV, Section 5.0 CONTRACT AMOUNT shall be amended as hollows: Not -to -Exceed Fee: In consideration for the professional consulting services to be performed by Consultant, Cit} agrees to pay Consultant an amount not -to -exceed HundFed Fifty Fakir- Thekisand b One Hundred Eighty -Two Thousand One Hundred ThirA-Five and No/100 Dollars ($1$2,135.00), in accordance with Exhibit "D" and the Addendum to Exhibit "D" entitled "Fee Schedule." which document is attached hereto and incorporated herein by reference for all purposes, in payment for services and the Scope of Services deliverables as delineated in Exhibit -13- and the Addendum to Exhibit "B." IN This First Supplemental Agreement shall amend the original Agreement only as set forth herein with no other changes in terms of conditions of the original Agreement. (Signatures on the following page.] IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement No. 2 to be effective as of the last date of due execution by both parties. CITY OF ROUND ROCK, TEXAS By: Printec Title: Date S ATTEST: low FOR CITY, APPROVED AS TO FORM: By: a Stephan . Sheets, City Attorney 3 STUDIO 116:19, LLC By: Printed Name: Title: Date Signed a o 20 studio 1619 design • collaborate • solve • Impact LIST OF EXHIBITS 1. Exhibit A "City Services" 2. Exhibit B "Planning Service" 3. Exhibit C "Work Schedule" 4. Exhibit D "Fee Schedule" 5. Exhibit E "Certificates of Insurance" . 1717 n ih-35, suite 308 . round rock, texas 78664 . 512 534 8680 p . Cansultant.studbl619.com . qI. project# 17 355 5A02 EXHIBIT A Round Rock Main Street Intervention Strategy CIN SERVICES A.I. Information The Client shall provide Data about the site and other information on which the design is to be based as well as Client's budget parameters for the Project. The Consultant shall be entitled to rely on the accuracy and completeness of information provided by the Client. Data is including, but not limited to, ALL Project information, prior work/ studies, boundary surveys, tree surveys, AutoCAD base files, reports (geological, geotechnical, &/or environmental), and any other related items requested by the Consultant. A.2 Budget The Consultant shall reasonably strive to propose designs and prepare documents consistent with the Client's budget parameters. If provided by the Consultant as a part of the Scope of Services, opinions of probable construction costs are based on the Consultant's familiarity with the construction industry and are provided only to assist the Client's budget planning. Such opinions shall not be construed to provide a guarantee or warranty that the actual construction costs will be within the Project budget parameters at the time construction bids are solicited or construction contracts negotiated. A.3 Approvals The Client's decisions, approvals, reviews, and responses shall be communicated to the Consultant in a timely manner so as not to delay the performance of the Consultant Services. A.4 Project Permit and Review Fees Permit & Agency Review Fees are NOT included in Consultant Compensation. The CIient shall pay ALL fees required to secure jurisdictional approvals for the Project. A.5 Drainage Engineering Review & Support Storm Water/ Drainage Engineering is NOT included in Consultant Scope and/or Compensation. The Client shall provide internal resources/ support for the Consultant shall theses services become required to secure approvals for the Project. The Client shall provide coordination and support to Consultant with application and submittal of a Small Site Notice & Notice of Intent (NOI) for compliance with TCEQ requirements. july 01, 2019 design . collaborate . solve . impact pg 2 of 13 I. l-00'�b � project# 17.355 SA02 EXHIBIT B Round Rock Main Street Intervention Strategy PLANNING & LANDSCAPE ARCHITECTURE SERVICES This Supplemental Number 02 is made effective upon execution of this Agreement under the terms and conditions established in the PROFESSIONAL CONSULTING SERVICES AGREEMENT, effective November 28. 2017 by and between sludiol6:19, LLC, (the "Consultant") and City of Round Rock Texas (the "Client"), and Main Street Intervention Strategy — Round Rock, TX (the "Project"). This Supplement is made for the Scope of Work as identified in "EXHIBIT B", herein and supersedes all other agreements pertaining to this project, either written or oral. B.I. Standard of Care Landscape Architectural & Planning Services shall be performed with care and diligence in accordance with the professional standards applicable at the time and in the location of the Project and appropriate for the nature and scope of this Project. B.2. Scope of Supplemental Services Consultant Services to be provided under this Agreement are: ■ In collaboration with the Client, the Consultant will provide landscape architecture and planning services to assist in the final design, preparation and implementation of the construction documents for the Project. Refer to "Attachment B" for the limits of the Scope of Services In conjunction with the performance of the foregoing Services, The Consultant shaII provide the following submittals/ deliverables/ documents to the Client/ Client's Representative: SA02_Task 3: Project Management The Consultant will manage all the Project team activities associated with the re -branding, re -packaging and re -bidding of the Project. The Consultant shall secure resources necessary to produce the project deliverables and meet the project schedule. All communications associated with the Project will be directly channeled through the Consultant Project Manager for distribution to the project team as appropriate. The Consultant's Project Manager will be responsible throughout the project for project management and all communications, with the Client's Project Manager. The Consultant also employs a reputable QA/QC process and requires that a portion of every project budget be dedicated to this explicit service to ensure that the Client receives quality work and a quality product that meets and exceeds their expectation. SA02—Task 5: Final Design: Plans, Specifications, & Estimates (PS&E) The Consultant shall re -brand, re -packaging and prepare update to the plans, specifications and estimates to rebid and implement the preferred design. All deliverables to be prepared under this scope of services are intended for implementation and construction by a qualified contractor. July 01, 2019 design . collaborate . solve . impact pg 3 of 13 qI. project# 17,355 SA02 ■ The following tasks that are associated with the development of the updated Final Design PS&E package and incorporation into a Final Re -Bid Set Package that will include: Prepare and submit 100,ii, design plans for CARR Staff review and comment including: • All comments from previous submittals, prior bid phase, and Client feedback shall be incorporated into the 10006 drawings and construction specifications, or an explanation shall be given, in writing, for why they are omitted. • Increased scope for street mill/ overlays for all asphalt paving with in project limits. • Final Bid Manual including Technical Specifications Submit 10006 signed and sealed design original documents (Bid -ready Drawings and Specifications). Furnish the Client with three (3) paper copies and one (1) Adobe Acrobat PDF Copy of the Final Design PS&E 100NI Bid Submittal Package. SA02_Task 6: Bidding / Negotiation ■ The Consultant shall assist Client during the re -bidding process. The Consultant shall: Coordinate the schedule for bid advertising, pre-bid conference and bid opening. Prepare and organize bid solicitation & proposal forms consistent with City's requirements. Arrange for distribution of the bid documents. Attend and Assist with the pre bid conference and document the proceedings. Prepare and issue Addenda, if required. Attend the bid opening. Review bids including and formulate bid tabulation. Provide written recommendation to Client. Assist with issuance of the Notice of Award & Contract Documents/ Agreement. B.3 Supplemental Services Supplemental Services are in addition to the Scope of Services identified in Section 13.2 and, when requested by the Client, either written or oral, shall entitle the Consultant to additional compensation beyond the Compensation stated below. The following Supplemental Services under this Agreement include but are not limited to: ■ ANY and ALL items currently listed within the Approved SA01 executed July 26, 2018. ■ ANY and ALL items/ services not currently identified in Basic Services. 8.4 Changes to Approved Services Revisions to drawings or other documents shall constitute Supplemental Services when made necessary because of Client -requested changes to previously approved drawings or other documents, or because of Client changes to previous Project budget parameters or Project requirements. jury 01, 2019 design . collaborate . solve . impact pg 4 of 13 project# 17.355 SA02 B.5 Schedule of performance The Client's signature on this Agreement shall be the basis for the Consultant to begin providing services for the Project. The Consultant shall perform the services as expeditiously as is consistent with the standard of care described in section B.1, above. Attachment B - Limit of Work - LIBERTY AVENUE � ' 9 I EI 7 FUTURE DEPOT PANS SHOWN 0 C FORREFEAENCE ONLY 1 _1 :r BAODAD AVENUE july 01, 2019 design . collaborate . solve . impact pg 5 of 13 lb:lX9 project# 17.355 SA02 EXHIBIT C Round Rock Main Street Intervention Strategy WORK SCHEDULE The Consultant shall complete the scope of services with in 450 days• commencing upon the issuance or Notice to Proceed via signed agreement, and receipt of documents to be provided by the Client? Client's Representative as specified in Exhibit A, above. Schedule ofAnticipate Milestones ■ SA02-Task 3 - Project Management ................................................ 450 days ■ SA02-Task 5 -)anal Design............................................................ 60 days ■ SA02-Task 6 - Bidding +" Negotiations .............................................. 90 days Proposed ProjectAnticipate Timeline Major Milestones > SeMCEf Descrk=n: Trr&L H"IdlI E Subsu"HAl M PFUiElt Ptugins g1P(Pitxwenreni; completusr Cluu•nut Aj •ri 1 ise -- NTP (Brelk Granad) fn Ane >ui Aug Sept Qct Nw Dec Jon Feb Md Apr May " Jun Sts! ALrj july01, 2019 design ■ collaborate ■ solve ■ impact pg 6 of 13 project# 17.355 SA02 EXHIBIT D Round Rock Main Street Intervention Strategy FEE SCHEDULE D.1 Compensation for the Consultant Services performed under this Agreement shall be shall be paid according to the following, plus Reimbursable Expenses as defined below: Task Description Total Labor Hours Total Loaded Labor Cost Other Direct Costs Subconsultants TOTALS SA02 3 Project Management BO $12,375.00 $12,375.00 SA02 5 Final Design: PS&E 92 $9,670.00 $9,670.00 SA02 6 Bidding d Negotiation 44 $5,250.00 $5,25000 GRAND TOTAL: 216 $27,295.00 $0.00 $000 $27,295.00 Consultant may alter compensation distributions between individual services and/ or subconsultants (structural & mep engineering) services to be consistent with the Services actually rendered, within the contract maximum above. Supplemental Services when requested by the Client, either written or oral, shall entitle the Consultant to additional compensation to be determined on an hourly basis or on the basis of a negotiated fee. D.2 Reimbursable Expenses are expenditures made by the Consultant, its employees, and sub - Consultants in the interest of the Project plus an administrative fee of 10%. Reimbursable Expenses include but are not limited to travel expenses, costs of reproduction of documents, postage, services of professional Consultants which cannot be quantified at the time of contracting, and other, similar, direct Project -related expenditures. D.3 Monthly payments to the Consultant shall be based on (1) the percentage of the Scope of Services completed, and shall include payments for (2) Supplemental Services performed, and (3) Reimbursable Expenses incurred. D.4 Payments are due and payable 30 days from the date of the Consultant's invoice but will receive a 20,6 discount if paid within 10 days of the invoice date. Conversely, invoiced amounts unpaid 45 days after the invoice date shall be deemed overdue and at the Consultant's discretion may accrue 1.5% simple interest per month. At the Consultant's option, overdue payments may be grounds for termination or suspension of services. july 01, 2019 design . collaborate a solve . impact pg 7 of 13 project4 17.355 SA02 D.5 The Scope of Services to be provided under this Agreement has been estimated to be completed within 450 calendar days of the initial notice to proceed. in the event the project time line is extended, compensation for services rendered after that time period shall be equitably adjusted. D.6 The parties agree to the following provisions with respect to this specific Agreement: Supplemental Services - Current 2019 Rates are as noted herein: • Principal Planner/Landscape Architect: $ 185.00/hr. • Associate Principal Planner / Landscape Architect: $ 135.00/hr. ■ Senior Associate Planner/ Landscape Architect: $ 115.00/hr. • Associate Planner/ Landscape Architect: $ 90.00/hr. • Staff Planner/ Landscape Designer: $ 75.00/hr. • Administrative $ 65.00/hr. july 01, 2019 design . collaborate . solve . impact pg 8 of 13 project# 17,355 SA02 EXHIBIT E Round Rock Main Street Intervention Strategy CERTIFICATES OF INSURANCE July 01, 2019 design . collaborate . solve . impact pg 9 of 13 A O CERTIFICATE OF LIABILITY INSURANCE OATE(MMroD1YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THF. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS 7110!2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMEc Genaro Vazquez Watkins Insurance Group -Austin PHONE FAX I CA.11a�Eat); 512-452-8877 .Alc, Hol- 512452-0999 3834 Spicewood Springs Rd, Ste. 100 a Austin TX 78759 ADIDREss, gvazquezQwatkinsinsurancNroup.com PERSONAL 6 ADV INJURY $1000000 INSURERIS) AFFORDING COVERAGE NAIC A INSURER A - The Hartford 29424 INSURED INSURER e : New Hampshire Insurance 23841 Studio 1619 LLC 1717 N IH 35, sults 308 ..... INSURER C_Texas Mutual Insurance Company 22945 Round Rock TX 78664 INSURER 0: INSURER E S INSURER F. CnVFRAf:FC CFRTIFICATF NUMRER'S35Q41A59 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THF. INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. City of Round Rock !NSR TYPE OF INSURANCE A -L� BR POLICYNUMBER MMDDIYCY EYYY MMrr FF I]Nyy LTR _ LIMITS A X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE 65SBATB6822 10:14-2018 10/14/2019 EACH OCCURRENCE I S 1 000 000 f� y CLAIMS -MADE X I OCCUR PREMISES EA auaiRanrs S 1 000 000 MED EXP (Any oneperson) S 10 000 ff PERSONAL 6 ADV INJURY $1000000 ' GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMPIOP AGG S 2 000 000 POLICY PRO X JECT _ LOC S OTHER: A AUTOMOBILE LIABILITY 65SBATB6622 10.14!2018 10/14/2019 COMBINED SINGLE LIMIT sl 000 000 (Ea acadent ANY AUTO BODILY INJURY (Per person) S OWNED SCHEDULED BODILY INJURY (Per accident) S AUTOS ONLY AUTOS X HIRED X NON -OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per a[ denlj. S A X UMBRELLA LIAB X OCCUR 65SBATB6822 1011412018 10/14/2019 EACH OCCURRENCE _ S 1 Doo 000 EXCESS LIAB CLAIMS -MADE AGGREGATE s 1 600 000 DED f I RETENTIONS S C WORKERS COMPENSATION 0002033516 6/19/2019 6/1912026 X 57ATUTE ERH AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE r -,-1 E.L EACH ACCIDENT S 100 000 OFFICERIMEMBEREXCLUDED7 N 7 A (Mandatory In NH) E.L DISEASE -EA EMPLOYEE S 100 000 E.L. DISEASE- POLlCY LIMIT I 5 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below APro Pp=65SBATB6822 10/14/2018 10/1412019 BPP 260,400 B Pro esslanal Liability 064990467-02 10114/2018 1011412019 Each Claim 1 000 000 Annual Aggregate 1 000 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space is required) City of Round Rock is additional insured on the general liability policy where required by written contract. 30 day notice of cancellation endorsement applies when required by written contract. INSURER A The Hartford TDI Company Number 12077882 INSURER B New Hampshire Insurance TDI Company Number 60150 f'r-0TIGIP_ATC 41n1 nFR CANCFI I ATInN ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager AUTHORIZED REPRESENTATIVE 221 E. Main Street Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD City of Round Rock a ROUND ROCK I xA Agenda Item Summary Agenda Number: Title: Consider executing Supplemental Agreement No. 2 to Professional Consulting Services Agreement with Studio 116:19, LLC for landscape architectural services for the Main Street Intervention Strategy Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 8/9/2019 Dept Director: Gary Hudder, Transportation Director Cost: $27,295.00 Indexes: RR Transportation and Economic Development Corporation (Type 13) Attachments: Suppl 2 to Professional Consulting Services Agreement with Studio 16.19 - revised Department: Transportation Department Text of Legislative File CM -2019-0237 Consider a resolution authorizing the Mayor to execute Supplemental Agreement #2 with Studio 16:19 for the re -branding, re -packaging and re -bidding of the Main Street Intervention Project. The Consultant shall prepare an update to the plans, specifications and estimates to re -bid and implement the preferred design. Supplemental Agreement #2 is necessary because only one bidder responded to the original bid opening and the Transportation Department decided to reject that bid proposal since it was above the original estimated cost for the project. It was decided that a re -branding of the project might help to garner additional interest in the project when it would be re -bid. In addition to the re -branding, additional paving work has been added to the project to make it more enticing to a broader range of potential bidders. Milling and paving operations including full depth pavement repairs have been added to the streets in this project's limits. The initial contract with Studio 16:19 was approved in November 2017 by City Manager for $18,250.00. Supplemental Agreement #1 was approved by Council in July of 2018 for $136,590.00 bringing the total cost to date of $154,840.00. The cost for Supplemental Agreement #2 is $27,295.00 bringing the total contract amount of $182,135.00. It is anticipated that this work will be completed by August 2020. Cost: $27,295.00 Source of Funds: RR Transportation and Economic Development Corporation (Type B) City of Round Rock Page f •" Printed on 8/8/1079