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CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
ARCHITECTURAL ANALYSIS AND PLANNING SERVICES
WITH
LPA, INC.
THE STATE OF TEXAS
§
THE CITY OF ROUND ROCK
§ KNOW ALL BY THESE PRESENTS
§
COUNTY OF WILLIAMSON
§
COUNTY OF TRAVIS
§
THIS AGREEMENT for architectural analysis and planning services related to the
potential expansion of the City owned Multipurpose Complex at Old Settlers Park in Round
Rock, Texas (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 LPA, INC., located at 1811 South Alamo Street, Suite 100,
San Antonio, Texas 78204 (the "Consultant").
RECITALS:
WHEREAS, architectural analysis and planning services are desired by the City to
assess options related to a potential expansion of the Multipurpose Complex at Old Settlers Park
in Round Rock, Texas (the "Project"); and
WHEREAS, City desires to contract for Consultant's professional services generally
described as architectural analysis and planning services for the Project; and
WHEREAS, City has determined that there is a need for the delineated services; and
WHEREAS, desires to contract 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
A. 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.
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B. This Agreement shall terminate upon completion of the work as described herein.
C. 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 SCOPE OF SERVICES
Consultant has issued its proposal for services, such proposal for services being attached
to this Agreement as Exhibit "A" titled "Scope of Services," which shall be referred to as the
Scope of Services of this Agreement and incorporated herein by reference for all purposes.
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A." Consultant shall perform services in accordance with this Agreement, in
accordance with the appended Scope of Services and in accordance with due care and prevailing
consulting industry standards for comparable services.
3.0 LIMITATION TO SCOPE OF SERVICES
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
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.
4.0 CONTRACT AMOUNT
Fee: In consideration for the professional consulting services to be performed by
Consultant, City agrees to pay Consultant in accordance with the hourly fees set forth in Exhibit
"A," in a cumulative amount not-to-cxceed Twenty -Five Thousand and No/100 Dollars
($25,000.00) for services rendered as described in the attached Exhibit "A."
Reimbursable Expenses: Reimbursable expenses shall not exceed One Thousand and
No/100 Dollars ($1,000.00) and shall be paid for only the "Reimbursable Expenses" described
in Exhibit "A." Reimbursable expenses shall be in addition to the not -to -exceed fee of
$25,000.00 set forth above.
in the
Travel reimbursements may be made for meals, travel, and lodging as follows:
(1) all travel shall be in coach and not business class;
(2) reasonable toll road charges shall be reimbursable;
(3) lodging shall be in a hotel located within City limits; and
(4) meals shall be reimbursed at an amount not -to -exceed $50.00 per day. This
amount includes tips_
Travel reimbursements shall only apply to travel in excess of forty (40) miles. It shall be
sole discretion of . the _ City._ to determine if expenses are reasonable and qualify far
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reimbursement pursuant to die terms of the Agreement. Consultant is responsible for providing
all receipts to City for the reimbursement of items set forth above. Receipts shall be provided to
the City within thirty (30) days of the expenditure to qualify for reimbursement. Receipts should
have enough detail to determine if the requested reimbursable meets these criteria.
Costs of personal entertainment, amusements, alcoholic beverages, traffic citations,
personal items or illegal activities will not be reimbursed. Expenses due to vacations or personal
trips in conjunction with City travel are not reimbursable. Adequate travel time is allowed, but
travel expenses are not paid for absences not required by City business.
5.0 INVOICE REQUIREMENTS; TERMS OF PAYMENT
Invoices: To receive payment, Consultant shall prepare and submit detailed invoices to
the City, in accordance with the delineation contained herein, for services rendered. Such
invoices for professional services shall track the referenced Scope of Work, and shall detail the
services performed, along with documentation for each service performed. Payment to
Consultant shall be made on the basis of the invoices submitted by Consultant and approved by
the City. Such invoices shall conform to the schedule of services and costs in connection
therewith.
Should additional backup material be requested by the City relative to service
deliverables, Consultant shall comply promptly. In this regard, should the City determine it
necessary, Consultant shall make all records and books relating to this Agreement available to
the City for inspection and auditing purposes.
Payment of Invoices: The 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. Fallowing 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 8.01 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.
6.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
hgp://www.roundrocktexas.eov/wp-content/uploads/2014/t2tcorr�insurance 07.20112.ndf.
7.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Cade, 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
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later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
L 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 effect
such termination by giving Consultant a written notice of termination at the end of its then -
current fiscal year.
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 fumished 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 TERNUNATION; 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,
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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 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.
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 or which is not performed in compliance with the terms of this Agreement.
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, or which is not performed in compliance with the terms of this Agreement.
11.0 NON»SOLICITATION
Except as may be otherwise agreed in writing, during the term of this Agreement and for
twelve (12) months thereafter, neither the City nor Consultant shall offer employment to or shall
employ any person employed then or within the preceding twelve (12) months by the other or
any affiliate of the other if such person was involved, directly or indirectly, in the performance of
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this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
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
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.
(S) 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.
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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
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.
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Notwithstanding anything to the contrary in this Agreement, the City will own as its sole
property all written materials created, developed, gathered, or originally prepared expressly for
the City and delivered to the City under the terms of this Agreement (the "Deliverables"); 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 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.
14.0 WARRANTIES
Consultant represents that all services performed hereunder shall be performed consistent
with generally prevailing professional or industry standards, and shall be performed in a
professional and workmanlike manner. Consultant shall re -perform any work no 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, 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.
In no event will Consultant be liable for any loss, damage, cost or expense attributable to
negligence, willful misconduct or misrepresentations by the City, its directors, employees or
agents.
16.0 INDEMNIFICATION
Consultant shall save and hold harmless City and its officers and employees from all
claims and liabilities due to activities of his/her/itself and his/her/its agents or employees,
performed under this Agreement, which are caused by or which result from the negligent error,
omission, or negligent act of Consultant or of any person employed by Consultant or under
Consultant's direction or control.
Consultant shall also save and hold City harmless from any and all expenses, including
but not limited to reasonable attorneys' fees which may be incurred by City in litigation or
otherwise defending claims or liabilities which may be imposed on City as a result of such
negligent activities by Consultant, its agents, or employees.
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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 federal and state laws, the Charter and Ordinances of the
City of Round Rock, as amended, and with all applicable rules and regulations promulgated by
local, state and national boards, bureaus and agencies. Consultant shall further obtain all permits,
licenses, trademarks, or copyrights required in the performance of the services contracted for
herein, and same shall belong solely to the City at the expiration of the term of this Agreement.
B. In accordance with Chapter 2270, Texas Government Code, a governmental entity
may not enter into a contract with a company for goods or services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel and 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 tern of this Agreement.
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.
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21.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Chad McKenzie
Director of Sports Management and Tourism
221 East Main Street
Round Rock, TX 78664
The Consultant hereby designates the following representative authorized to act on its
behalf with regards to this Agreement:
Arash Izadi, ASLA, LEED AP Principal
Director of Sport and Recreation
1811 South Alamo Street
Suite 100
San Antonio, Texas 78204
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:
LPA, Inc.
1811 South Alamo Street
Suite 100
San Antonio, TX 782014
Notice to City:
City Manager, City of Round Rock
221 East Main Street
Round Rock, TX 78664
AND TO:
Stephan L. Sheets, City Attorney
309 East Main Street
Round Rock, TX 78664
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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 Iie 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.
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.
27.0 STANDARD OF CARE
Consultant represents that it is specially trained, experienced and competent to perform
all of the services, responsibilities and duties specified herein and that such services,
responsibilities and duties shall be performed, whether by Consultant or designated
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subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
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 agrees that time is of the essence and that 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 the Agreement.
Consultant shall be fully responsible for its delays or for failures to use reasonable efforts
in accordance with the terms of this Agreement. Where damage is caused to City due to
Consultant's failure to perform in these circumstances, City may withhold, to the extent of such
damage, Consultant's payments hereunder without a waiver of any of City's additional Iegal
rights or remedies. 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
or other casualties, strikes or other labor troubles, which in any way restrict the performance
under this Agreement by the parties.
Section Numbers. The section numbers and headings contained herein are provided for
convenience only and shall have no substantive effect on construction of this Agreement.
Waiver. No delay or omission by either party in exercising any right or power shall
impair such right or power or be construed to be a waiver. A waiver by either party of any of the
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated. A
City of 1i qund Rock, Texas
By:r
Printed
Title:
Date Signed:
For City, Attest:
By:_
Sara L. White, City Clerk
For City, Approved as to Form:
By: L- _
Stephan V. Sheets, City Attorney
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LFA, In.
na
By. t i1.
Prim d N Jon Mills_ AIA
Date
D-Uft-d
By: S..m r "epi
Printe rmwE%ve lowers AIA #20514
Title: Associate Principal
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Exhibit "A"
SCOPE OF SERVICES
ROUND ROCK - MULTIPURPOSE COMPLEX FIELD EXPANSION
12/11/2018
DATE•
Revised December 11, 2019
CLIENT:
City of Round Rock
Sports Management & Tourism
Round Rock Muttipurpose
Complex
CONTACT.
Mr. Brian Stillman
Sports Facilities &
Operations Manager
Sports Management & Tourism
City of Round Rock
2001 N. Kenney Fort Blvd,
Round Rock, TX 78665
PROJECT.
Multipurpose Complex
Field Expansion
LOCATION.
Round Rock, TX
ARCHITECT.
LPA, Inc. "LPA"
CONTACT:
Arash Izadi, ASLA, LEED AP
Principal
Director of Sport + Recreation
1811 S. Alamo Street
Suite 100
San Antonio, TX 78204
aizadiiallpadesignstudios.com
0 - 210-829-1737
D - 408-780-7203
Sara Flowers
Associate Principal
San Antonio Studio Director
1811 S. Alamo Street
Suite 100
San Antonio, TX 78204
SflowersCid Ipadesignstudios.com
0 - 210-829-1737
D - 210-503-6205
PROPOSAL FOR SERVICES
The following will clarify the Scope of Services to
describe the work and documentation of The Project
and associated fees.
The City of Round Rock through its Sports
Management & Tourism has requested an initial
preliminary study/ "Test Fit" evaluating the
feasibility and general layout of additional fields
connecting the existing fields at the current
Multipurpose Complex with the City owned Old
Settlers Park Soccer Fields. Improvements may
Include approximately four (4) new synthetic "long'
fields, four (4) synthetic soccer/baseball fields (with
backstaps), two (2) "Championship" long fields,
seating for up to 1200 spectators at the
Championship fields, tournament building similar to
the existing, secondary restroom and small
concession building, lighting, supplemental tot
lot/playground, food truck area. M&O yard, netting
system, parking areas, walkways and support
amenities.
Services may include project review, preliminary site
review, conceptual field layout, orientation and size,
coordination and presentation.
DocuSign Envelope ID: 730710Eg-FBDD-45FA-929F-69AFBE6DEDBC
Exhibit "A"
SCOPE OF SERVICES I Round Rock - Multipurpose Complex Field Expans on
12/11/2019
services necessary for LPA to assist the City of
SCOPE OF WORK (BASIC SERVICES)
.02 Review existing project information
meeting attendance and presentations of
including existing surveys, program
0 - GENERAL
information, record drawings,
recommendations by LPA, INC. as follows:
entitlements data, and other
During the project, certa.n activities occur in each
available information.
phase. These activities, described below, are non-
establish the following detailed
sequential and may not be applicable to all phases
1.02 Programming Confirmation services
of the project. These activities include:
required to establish the program
.01 Program,
requirements for the Project.
0.01 Project Administration services including:
sustainability, budget and
.03 Meeting Minutes.
.01 Obtain and review existing program
.01 Initial consultation in development of
information from the City of Round
the Project.
Rock.
.02 Preparation of compensation
.02 Meet with Oversight Team
estimates and professional services
(Concurrent with Kickoff Meeting) to
agreement(s),
confirm program requirements and
.03 Project -related research.
obtain direction on proposed
.04 Conferences.
program.
.05 Communications
.03 Site requirements.
.06 Travel time.
1,03 Existing Facilities Surveys services
0,02 Disciplines Coordination/Document Checking
consisting of researching, assembling,
services consisting of.
review and supplemental Information for
Coordination between LPA's work
Projects Involving alterations and additions
.01
and the work of other Involved
to existing facilities or determining new
disciplines for the Project.
space usage in conjunction with a new
.02 Review and checking of documents
program including:
prepared for the Project
.01 Photography.
0.03 Client -Supplied Data Coordination services
02 Review of existing design data
including:
.03 Review of existing drawings.
.01 Review and coordination of data
104 Project Development Scheduling services
furnished for the Project as a
consisting of establishing a tentative schedule
responsibility of the City of Round
for predesign services, decision-making,
Rock.
design, documentation, contracting and
construction, based on determination of
LPA's services, Client responsibilities and
1 — PREDESIGN SERVICES
proposed design and construction
procedures.
In the Predesign Phase, LPA, INC. shall provide those
services necessary for LPA to assist the City of
10S Summary of Meetings: services consisting of
Round Rock in establishing a program, financial and
meeting attendance and presentations of
time requirements, and limitations for the Project
Predesign Phase analyses and
prior to beginning design. The following
recommendations by LPA, INC. as follows:
descriptions shall apply to those services
.01 One (1) - Kickoff Meeting
1.01 Project Kickoff services required to
,02 One (1) - Oversight Team Meet:ng(s)
(Concurrent with Kickoff Meeting).
establish the following detailed
requirements for the Project.
1,06 Summary of Deliverables:
.01 Initial meeting to review project
.01 Program,
process, schedule, goals,
.02 Schedule.
sustainability, budget and
.03 Meeting Minutes.
milestones.
DocuSign Envelope ID: 730710Eg-FBDD45FA-929F-69AFBE6DEDaC
Exhibit "A"
SCOPE OF SERVICES I Round Rock - Multipurpose Complex Field Expansion
12/11/2019
2 - CONCEPTUAL DESIGN / "TEST FIT"
SERVICES
In the Conceptual Design Phase, LPA, INC. shall
provide those services designated necessary to
prepare "Test Fit" Documents consisting of drawings
and other documents illustrating the general scope,
scale and relationship of Project components for
approval by the City of Round Rock, based on
program requirements provided by the
City, and reviewed and agreed upon by LPA. The
following descriptions shall apply to those services.
2.01 Base development services consisting of
preparing a preliminary concept base file
developed from a City provided current and
accurate topographic digital file or other
alternate digital data (if available). It
alternate sources are used, the accuracy of
the documents will be limited and will need to
be supplemented or replaced with a full and
accurate topographic survey upon
progression of the project into formal design.
2.02 Conceptual Design / "Test Fit" services
consisting of preparing a concept diagram
identifying the general layout, orientation,
size and quantity of fields as well as other
support facilities such as restrooms,
maintenance build ngs / yards, offices and
other required improvements. Sery ces will
include up to two (2) options for the field
layouts, if appropriate,
.0i Conceptual field diagram,
2.43 Rough Order of Magnitude Cost services
consisting of development of a Rough Order
of Magnitude cost range for the Project based
on the most recent concept design studies,
current and historic area, volume, expected
Project delivery process, and appropriate
contingencies.
2.01 Summary of Presentations / Meetings
services consisting of meeting attendance
and presentation of Schematic Design
Documents by LPA to the following Client
representatives:
.01 One (1) - Concept Review Meeting
2.05 Summary of Deliverables consisting of:
.01 Up to Two (2) Conceptual Black and
White Test Fits.
.02 One (1) - Rough Order of Magnitude
Cost Range (on One approved
concept).
.03 Meeting Minutes
STANDARD ASSUMPTIONS
The following are Scope of Services assumptions:
SURVEY: Due to the conceptual nature of
the effort and since the City does not have
any available topographic data, LPA will
utilize a simple Google Earth or s rnilar site
map Due to the inherent quality of this
format, the design will be conceptual only
and may not reflect actual site conditions or
extent of feasible development.
CONSULTANTS: The work of the Architect
and Landscape Architect are included as
part of this contract. Any other necessary
consultants are in addition to the contract
and will be billed at fee, plus 2S% for
coordinati on.
REIMBURSABLES: Ali project expenses shall
be reimbursed to LPA by the Owner at a
multiple of 1.10. Project expenses include,
but are not necessarily limited to, all normal
costs involving models, renderings,
document reproduction, plotting, deliveries,
mileage, and approved travel. Unless
otherwise agreed to in writing, all
governmental taxes and fees will be paid
directly by the City. These taxes and fees
are separate and are not a part of LPA's
reimbursable allowance.
RESPONSIBILITIES: LPA will be responsible
for on-site conceptual design services only.
CUP, Planning Department, Schematic
Design, Design Development, Construction
Documents, Community Outreach,
Environmental services and any task not
specifically noted are excluded.
UTILITY COMPLIANCE: Due to the
conceptual nature of the identified scope,
the design, assessment, coordination and
review of utilities, including hydrology or
flood plane, are excluded.
PROJECT SIZE: Total proposed
improvement identified on the attached
diagram as provided by the City.
DocuSign Envelope Ib, 7307iCE9-FBDDA5FA-929F•69AFBE6DE08C
Exhibit "A"
SCOPE OF SERVICES I Found Rock - Multipurpose Cornp'ex Field Expans on
12/11/2019
PROPOSED COMPENSATION
The following is the proposed compensation for the
Scope of Services identified.
Tasks 0 - 9:
PreDesign: $ Included
Conceptual Design $ Included
Total Tasks 0 - 2 (Base Fee) $ 25,000
ReimbursableAl'awance $1,000
Reimbursable expenses are in addition to
compensation and typ'cally run approximately 5% to
10% of a total project fee They include costs for
reproduction, plott'ng, express ma ling, delivery
charges, mileage. travel, and overhead on consultant
invoices.
BASIC HOURLY RATE SCHEDULE
Principal
$265.00
Director
$240.00
Discipline Director
$230.00
Project Director
$220.00
Project Leader
$185.00
Design Coordinator II
$160.00
Manager
$155.00
Design Coordinator 1
$135.00
Senior Specialist
$125.00
Designer III
$125.00
Specialist III
5105.00
Designer 11
$110.00
Spec.'alist I1
$95.00
Designer 1
$100.00
Specialist 1
$85.00
Intern
$75.00
NOTE: These rates become effective December
2020 and are subject to change annually.
PROPOSED CONSULTANT/DISCIPLINES
Architecture: LPA
Landscape Architecture: LPA
City of Round Rock
ROUNO ROCK
xA; Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Services Agreement with LPA, Inc. for
architectural analysis and planning services related to the potential expansion
of the Multipurpose Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/3/2020
Dept Director: Chad McKenzie, SM&T
Cost: $25,000.00
Indexes: Multipurpose Complex Fund
Attachments: LAF for LPA Inc., Agreement 2019—LPA Inc.
Department: Sports Management and Tourism
Text of Legislative File CM -2020-006
Architectural analysis and planning services are desired by the City to assess options related to
a potential expanision of the Multipurpose Complex at Old Settlers Park in Round Rock, Texas.
Cost: $25,000.00
Source of Funds: Multipurpose Complex Fund
City of Round Rack Page 1 Primed on 1/3/2020