CM-2020-108 - 5/1/2020CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
DESIGN SERVICES RELATED TO THE
DOWNTOWN STEETSCAPE SITE FURNISHINGS PROJECT
WITH
STUDIO L 16:19. LLC
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
THIS AGREEMENT for professional services related to design and related services for
the Downtown Streetscape Site Furnishing Project (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 Studio 1 16:19, LLC,
located at 1717 North IH 35, Suite 308, Round Rock, Texas, 78664 (the "Consultant").
RECITALS:
WHEREAS, the Downtown Streetscape Site Furnishing Project ("Project") requires
professional design services; and
WHEREAS, City desires to contract for Consultant's professional services generally
described as design and related services for the Project; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder.
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto, and shall remain in full force and effect unless and until it expires by operation of
the term indicated herein, or is terminated or extended as provided herein.
The term of this Agreement shall be until full and satisfactory completion of the work
specified herein is achieved. The work is estimated to be completed by July 1, 2020.
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City reserves the right to review the Agreement at any time and may elect to terminate
the Agreement with or without cause or may elect to continue.
2.0 PROPOSAL FOR SERVICES
For purposes of this Agreement Consultant has issued its proposal for services, such
proposal for services being attached to this Agreement as Exhibit "A" (the "Scope of Services"),
incorporated herein by reference for all purposes.
3.0 SCOPE OF SERVICES
Consultant shall satisfactorily provide all services described herein and as set forth in
Exhibit "A" in accordance with the estimated schedule set forth in Exhibit "A."
Consultant shall perform services in accordance with this Agreement, in accordance with
the appended Scope of Service and in accordance with due care and prevailing consulting
industry standards for comparable services.
4.0 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 as set forth
in Section 11.
5.0 CONTRACT AMOUNT
In consideration for the professional consulting services to be performed by Consultant,
City agrees to pay Consultant an amount not -to -exceed Six Thousand Eight Hundred Fifty
and No/100 Dollars ($6,850.00), in accordance with the Scope of Services deliverables as
delineated in Exhibit "A."
6.0 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. Following approval of an invoice, the City shall endeavor to pay
Consultant promptly, but no later than the time period required under the Texas Prompt Payment
Act described in Section 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.
7.01 INSURANCE
Consultant shall meet all City of Round Rock Insurance Requirements set forth at:
http:`ANwx%.roundrocktexas.uov/%N P-content a lop ads 2014 12 coir insurance 07.201 12.pdf.
Consultant's Certificate of Insurance is attached hereto and incorporated herein as Exhibit "E."
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be
made by the City to Consultant will be made within thirty (30) days of the date the City receives
goods under this Agreement, the date the performance of the services under this Agreement are
completed, or the date the City receives a correct invoice for the goods or services, whichever is
later. Consultant may charge interest on an overdue payment at the "rate in effect" on September
I 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.
9.0 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.
10.0 TIMETABLES
Unless otherwise indicated to Consultant in writing by City, or unless Consultant is
unreasonably delayed in the orderly progress of its work by forces beyond Consultant's control,
the timetable structure and deliverable due dates shall be in reasonable conformity to
Consultant's schedule tendered to City.
11.0 SUPPLEMENTAL AGREEMENT
The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by City Council or by the City Manager, if the City determines that there
has been a significant change in (1) the scope, complexity, or character of the services to be
performed; or (2) the duration of the work. Any such Supplemental Agreement must be
executed by both parties within the period specified as the term of this Agreement. Consultant
shall not perform any work or incur any additional costs prior to the execution, by both parties,
of such Supplemental Agreement. Consultant shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
the City shall not be responsible for actions by Consultant nor for any costs incurred by
Consultant relating to additional work not directly authorized by Supplemental Agreement.
12.0 TERMINATION; DEFAULT
Termination: It is agreed and understood by Consultant that the City may terminate this
Agreement for the convenience of the City, upon thirty (30) days' written notice to Consultant,
with the understanding that immediately upon receipt of said notice all work being performed
under this Agreement shall cease. Consultant shall invoice the City for work satisfactorily
completed and shall be compensated in accordance with the terms hereof for work accomplished
prior to the receipt of said notice of termination. Consultant shall not be entitled to any lost or
anticipated profits for work terminated under this Agreement. Unless otherwise specified in this
Agreement, all data, information, and work product related to this project shall become the
property of the City upon termination of this Agreement and 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.
13.0 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
this Agreement. This provision shall not prohibit the hiring of any person who was solicited
solely through a newspaper advertisement or other general solicitation.
14.0 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.
(5) Neither Consultant nor its employees or subcontractors shall receive training from
the City in skills necessary to perform services required by this Agreement.
(6) City shall not require Consultant or its employees or subcontractors to devote full
time to performing the services required by this Agreement.
(7) Neither Consultant nor its employees or subcontractors are eligible to participate
in any employee pension, health, vacation pay, sick pay, or other fringe benefit
plan of the City.
15.0 CONFIDENTIALITY; MATERIALS OWNERSHIP
Any and all programs, data, or other materials furnished by the City for use by Consultant
in connection with services to be performed under this Agreement, and any and all data and
information gathered by Consultant, shall be held in confidence by Consultant as set forth
hereunder. Each party agrees to take reasonable measures to preserve the confidentiality of any
proprietary or confidential information relative to this Agreement, and to not make any use
thereof other than for the performance of this Agreement, provided that no claim may be made
for any failure to protect information that occurs more than three (3) years after the end of this
Agreement.
The parties recognize and understand that the City is subject to the Texas Public
Information Act and its duties run in accordance therewith.
All data relating specifically to the City's business and any other information which
reasonably should be understood to be confidential to City is confidential information of City.
Consultant's proprietary software, tools, methodologies, techniques, ideas, discoveries,
inventions, know-how, and any other information which reasonably should be understood to be
confidential to Consultant is confidential information of Consultant. The City's confidential
information and Consultant's confidential information is collectively referred to as "Confidential
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 parry'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
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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 parry's
exercise of the same level of protection and care that such party customarily uses in safeguarding
its own proprietary and confidential information.
Notwithstanding anything to the contrary in this Agreement, 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.
16.0 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.
17.0 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.
18.0 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.
19.0 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.
20.0 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.
21.0 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 during the term of the contract. The signatory executing this Agreement on behalf of
Consultant verifies Consultant does not boycott Israel and will not boycott Israel during the term
of this Agreement.
22.0 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.
23.0 DESIGNATION OF REPRESENTATIVES
The City hereby designates the following representative authorized to act on its behalf
with regard to this Agreement:
Courtney Ainsworth
Public Information Specialist
221 East Main Street
Round Rock, TX 78664
Telephone: (512) 218-5403
E-mail address: cains%%orth2wroundrocktexas.aov
The Consultant hereby designates the following representative authorized to act on its
behalf with regards to this Agreement:
9
31.0 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.
32.0 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 legal
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
covenants to be performed by the other or any breach thereof shall not be construed to be a
waiver of any succeeding breach or of any other covenant. No waiver of discharge shall be valid
unless in writing and signed by an authorized representative of the party against whom such
waiver or discharge is sought to be enforced.
Multiple Counterparts. This Agreement may be executed in multiple counterparts,
which taken together shall be considered one original. The City agrees to provide Consultant
with one fully executed original.
[Signatures on the following page.]
IV)
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of
By: V
Printed
Title:
Date Si,
For City, Attest:
For City, Approved as to Form:
By: — -- N L .
Stephan . Sheets, City Attorney
13
Studio 1 16:19, LLC
By:
Printed Name: A.
Title:Y�
Date Signed: 04• 03- 2020
Exhibit "A"
studio I6:1
design • collaborate • solve • impact
March 5, 2020
City of Round Rock
Courtney Ainsworth, Downtown Manager
221 East Main Street
Round Rock, TX 78664
cainsworth@roundrocktexas.gov
Re: Downtown Streetscape Site Furnishings - Round Rock, TX
Proposal/Agreement for Professional Landscape Architecture Services
Dear Courtney:
We first want to say, 'Thank You' for the opportunity to collaborate again with the City of Round Rock with
planning/ landscape architecture services for the selection and location of new site furnishings within the
Main Street vicinity for Round Rock downtown streetscape enhancements.
Thus, studlo16:19, LLC, (the "Consultant") is pleased to submit this proposal/agreement for Professional
Services to support the City of Round Rock (the "Client" & the "Owner") with the required Planning/
Landscape Architecture Services for the Downtown Streetscape Site Furnishings Project - Round Rock, TX
(the "Project"). Please refer to "Attachment A".
The Planning/ Landscape Architecture Scope of Services shall basically consist of collaboration with the Client/
Owner and design team members through the process of identification, selection, and location of new proposed
site furnishings which include but not limited to tables, bistro tables, chairs, benches, and trash receptacles
in various locations within the Main Street area that are to complement the new parklets facilities, the existing
streetscape furnishings in place yet meet required City guidelines, pedestrian access, and TBAC requirements.
The consultant will provide the following deliverables within the project timeline of the downtown parklet
construction process for a completion prior to July 1, 2020:
Schematic/ Design Development - coordination with the Owner/ Client for the following:
site inventory/ verification of Owner requirements
coordination with site furnishing vendors for various proposed site furnishings
develop preliminary schematics documenting site furnishing conceptual layout/placement based
on proposed program and existing/ proposed conditions for the overall Project scope.
develop imagery board of proposed site furnishing materials for the Project.
Coordinate design development drawings with Client & design team members
Prepare an overall refined design/layout plans and supplemental graphics, imagery, details,
and material selections for Projects improvements that will culminate in a document to be
utilized by City staff for the procurement of proposed site furnishings.
Provide (1) revision/ refinement to design development drawings per Client meeting
Prepare informal digital submittal(s) for team collaboration throughout the design process.
Attend three (3) design team/ owner review meeting for Design Development task
Exhibit "A"
16:19
• Procurement Phase Services - the Consultant will collaborate with the Client, as requested, during
the procurement process for selection of a qualified vendor. Task items include bid coordination,
clarification of RFI(s), Bid Tab reviews, and selection of best qualified bid.
All Planning/ Landscape Architecture Basic Services as directed by the Owner, Client, Design Team, and/or
others acting on the Owner/Client's behalf will be billed based on an upset amount per each phase below for
a not -to -exceed $6,850 without Client/ Owner written approval:
■ Schematic/ Design Development
• Procurement Phase
$ 5,225
$ 1,625
Our 2020 hourly rates are as follows if required for additional services above basic services:
■ Principal Planner/Landscape Architect:
$185.00/hr.
■ Associate Principal Planner / Landscape Architect:
$ 145.00/hr.
■ Senior Associate Planner/ Landscape Architect:
$115.00/hr.
■ Associate Planner/ Landscape Architect:
$ 90.00/hr.
■ Staff Planner/ Landscape Designer:
$ 75.00/hr.
is Administrative
$ 65.00/hr.
Reimbursable Expenses, expenditures made by the Consultant, and its employees in the interest of the Project
SHALL be included with in the lump sum fee above. Reimbursable Expenses include but are not limited to
mileage expenses, reproduction costs, postage, and other, similar, direct Project -related expenditures.
The Consultant is able to start our services upon written acceptance of this Proposal/Agreement. The
Consultant will bill the Client monthly for services performed. In order to insure the orderly and
continuous progress of the project, the Consultant shall be compensated for their services and expenses
within fifteen(15) days of the invoice date. 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. The Client
shall reimburse the Consultant forall expense re-lated to collections of compensation due the Consultant.
These expenses consist of but not to be limited to, Attorney's fees, court cost, lost time, etc.
The parties agree to the following provisions with respect to this specific Proposal/Agreement:
All deliverables are to be in digital PDF format unless otherwise indicated.
Supplemental Services are in addition to the Basic Scope of Services and, when requested by the
Client/ or Owner, either written or oral, shall entitle the Consultant to additional compensation
beyond the original agreed Compensation stated below. A Supplemental Fee will be agreed upon prior
to commencing task/ service once the program/ scope has been finalized. The following
Supplemental Services under this Agreement include but are not limited to:
Three -Dimensional (3-D) Modeling Renderings for task beyond that listed in Basic Services.
o Construction Phase - routine attendance at regularinterval design team meetings.
o ANYSub-Consultantservicesnot currently identified inBasic Services.
o ANYprofessional service or task not currently identified in Basic Services
o Agency Review - More than (3) three submittals, comment responses for City Permitdng.
o Value Engineering Phase including redesign ofapproved plans due to project cost control.
o TAS Consultant an d associated review fees.
project# 20 584 design collaborate solve impact
Exhibit "A"
16:1q
■ The law in effect at the Consultant's principal place of business shall govern this Agreement.
■ This Agreement represents the entire understanding between the Client and the Consultant and
supersedes all prior negotiations, representations, or agreements, whether written or oral with
respect to its subject matter.
■ The person(s) signing this Agreement on behalf of the parties hereby individually warrant that they
have full legal power to execute this Agreement on behalf of the respective parties and to bind and
obligate the parties with respect to all provisions contained herein.
■ This Agreement may be amended only in a writing signed by both the Client and the Consultant.
Once you have had the opportunity to review the proposal, please feel free to contact studiol 6:19, LLC should
you have any questions, comments, or require clarification to what is proposed. You may reach me via e-mail
at brentastudio1619.com or by phone at 512.534.8680. If the project owner concurs with the terms of the
Proposal/Agreement, please sign in the place provided towards the end of the document and return a signed
digital and/or hard copy for formal execution. This Proposal is valid for sixty (60) days.
Respectfully submitted,
studio16:19, LLC I -
T!;A4 -
Mom/
Br nt A. Baker, LA, CLARB
managing principal
Accepted by: City of Round Rock
........................................ I................
authorized representative
.......................................................
printed name
....................................
title
date
The Texas Board of Architectural Exominers has jurisdiction over complaints regarding the professional practices of persons registered as
architects and landscape architects in Texas. For additional information, please contact the Texas Board of Architectural Examiners (TBAE);
P.O. Box 12337, Austin, TX 78711 2337; Telephone (512) 305 90001 Fax: (512) 305-8900.
project# 20 584 design collaborate solve impact
Exhibit "A"
'ATTACHMENT A' 16: 1(?
PROPOSED PROJECT / SITE PLAN
Downtown Streetscape Furnishings Limits - Round Rock, TX
project# 20 584 design collaborate • solve impact
City of Round Rock
ROUND ROCK
TEX
OU 5 Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with
Studio 16:19, LLC for design services related to the Downtown Streetscape
Site Furnishings Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/1/2020
Dept Director: Will Hampton, Communications and Marketing Director
Cost: $6,850.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: Studio 16 19 Contract
Department: Communications and Marketing Department
Text of Legislative File CM-2020-108
Studio 16:19 will assist us with identifying and selecting site furnishings for East Main Street
that will complement the new parklets. The current street furnishings are a mix of City -owned
and business -owned, but with Studio 16:19's assistance, we aim to create a more cohesive
look and feel throughout the area. Studio 16:19 has designed many projects throughout
Downtown, including the parklets themselves.
Note: this contract does not include the purchase of any furniture.
Cost: Not to Exceed $6,850.00
Source of Funds: Round Rock Transportation & Economic Development Corporation
(RRTEDC)
City of Round Rock Page 1 Printed on 413012020