CM-2020-131 - 5/8/2020SUPPLEMENTAL AGREEMENT NO.3
TO "CITY OF ROUND ROCK AGREEMENT FOR
LANDSCAPE ARCHITECTURAL SERVICES RELATED TO
THE MAIN STREET INTERVENTION STRATEGY PROJECT
WITH
STUDIO 1 16:19, LLC"
CITY OF ROUND ROCK §
STATE OF TEXAS §
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
KNOW ALL BY THESE PRESENTS:
THIS SUPPLEMENTAL AGREEMENT NO. 3 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. 3," is made by and
between the City of Round Rock, Texas, a home -rule municipality (hereinafter referred to as the
"City"), located at 221 East Main Street, Round Rock, Texas 78664, and Studio 1 16:19, LLC,
whose offices are located at 1717 N. IH 35, Suite 308, Round Rock, Texas 78664 (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, the City and Consultant executed Supplemental Agreement No. 1 on July
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, the City and Consultant executed Supplemental Agreement No. 2 on
August 9, 2019 to further amend the scope of services and to increase the compensation by
$27,295.00 to $182,135.00; and
WHEREAS, it has become necessary to amend the Contract to further modify the
provisions for the scope of services and to increase the compensation by $24,580.00 to
$206,715.00; 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:
(044415/0'01ss2
I.
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 purposes. 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.
II.
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
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 `B" and the
Addendum to Exhibit `B."
IV.
Section 5.0 CONTRACT AMOUNT shall be amended as follows:
Not -to -Exceed Fee: In consideration for the professional consulting services to be
performed by Consultant, City agrees to pay Consultant an amount not -to -exceed One Hundr-oa
High4y Twe Thousand One Handfed Thit4y Five and Ne/100 Dollars ($182,135-.404 Two
Hundred Six Thousand Seven Hundred Fifteen and No/100 Dollars ($206,715 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 "B" and the
Addendum to Exhibit "B."
2
V.
This Third Supplemental Agreement shall amend the original Agreement only as set forth
herein with no other changes in terms of conditions of the original Agreement.
IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental
Agreement No. 3 to be effective as of the last date of due execution by both parties.
CITY OF ROUND ROCK, TEXAS
ATTEST:
FOR CITY, APPROVED AS TO FORM:
By: ..41v L < a
Stephan. Sheets, City Attorney
STUDIO 1 16:19, LLC
By:
—1 EA—Lr"-�—
Printed Name: Ai
Title: rlA —ItA IWA
Date Signed: 04. 21 • ZoZO
1619
project# 17.355 SA03
EXHIBIT A
Round Rock Main Street "Intervention Strategy" — Downtown Parklets
CITY 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 Client shall pay
ALL fees required to secure jurisdictional approvals for the Project.
A.5 Drainage Engineering Review & Support
Transportation Engineering Design/ 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.
April 15, 2020 design collaborate - solve _ impact
16.1q,"
.y
project# 17.355 SA03
EXHIBIT B
Round Rock Main Street "Intervention Strategy" - Downtown Parklets
PLANNING & LANDSCAPE ARCHITECTURE SERVICES
This Supplemental Number 03 is made effective upon execution of this Agreement under the terms and
conditions established in the PROFESSIONAL CONSULTING SERVICES AGREEMENT, effective November
28, 2017 and SUPPLEMENTAL AGREEMENT NUMBER 01, effective July 26, 2018 and and SUPPLEMENTAL
AGREEMENT NUMBER 02, effective August 9, 2019 by and between studiol 6:19, 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.1. 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.
13.2. 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 for the Project.
The Consultant will collaborate with Client to provide expanded project management and
construction phase services that exceed prior approved scope in basic services to ensure the
implementation of the contract documents by the General Contractor 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 shall provide the
following submittals/ deliverables/ documents to the Client/ Client's Representative:
SA03-Task 3: Expanded Project Management
o The Consultant will manage all the Project team activities associated with the Construction
Phase Services 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.
April 15, 2020 design , collaborate solve � impact
16:
I - 9
project# 17.355 SA03
SA03_07: Expanded Construction Phase Services
The Consultant shall provide assistance to the Client and provide clarifications for the
Contractor during the construction process. The potential scope of work by the Consultant
covered in this phase is described below. The Consultant shall not be responsible for
construction means, methods, techniques, sequences or procedures in connection with the
work, and The Consultant shall not be responsible for the contractor's errors, omissions or
failure to carry out the work in accordance with the contract documents.
o The primary goal of this phase is to secure compliance by the contractor to the plans,
specifications, and design intent as approved by the Client.
o The Consultant may recommend to the Client the rejection of any work, within the
collective Consultant's scope, failing to conform to the contract documents.
■ The Consultant will prepare for and attend regular management team meetings/site visits
with Client and/or Contractor for the purpose of reporting on or gathering input to become
familiar with the progress and quality of the work completed and to determine, in general, if
the work is being performed in a manner indicating that the work, when complete, will be
in accordance with the Contract Documents.
o Meetings are defined as a physical meeting at a physical location, telephone conference
calls, web conference meetings, or any other medium where more than two persons
review and discuss the project together.
o A maximum of eighteen (18) Construction visits are included in Supplemental Services.
Additional Construction Observation site visits and meetings, as necessary or requested
by Client /Contractor, to ensure that the design intent of the plans is implemented to the
Client's requirements will constitute additional services.
■ Review, coordinate, and respond to requests for information (RFI) from the
contractor/Client/Client's representative:
o RFI's are normal and customary during the construction process to ensure that the
design intent of the PS&E is implemented to the Client's requirements and a minimum
of 15 to 20 can be expected during a project of this scope.
■ Review, coordinate, and respond to Change Orders and Change Directives generated via
Client and/or Contractor.
■ Conduct and document inspections of the work in order to determine the date of substantial
completion and verify the satisfactory completion of the project in accordance with the
contract documents.
■ Conduct/coordinate final TDLR inspection and TCEQ closeout procedures.
■ Assist Client in completing the closeout documentation necessary to conclude the
construction phase of the project, including at a minimum one (1) final site observation trip
at Substantial Completion, and one (1) site observation trip for final sign -off on Punch List
upon completion.
■ Upon final acceptance, the Consultant shall prepare the required Landscape Architect's
Letter of Concurrence and Structural Engineer's letter of concurrence to the Client.
April 15, 2020 design :: collaborate solve . impact
Ib:�q
project# 17.355 SA03
13.3 Supplemental Services
Supplemental Services are in addition to the Scope of Services identified in Section B.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 Sub -Consultant services not currently identified in Basic or Supplemental Service.
■ ANY professional service/task not currently identified in Basic or Supplemental Service.
■ Development of As -Built Drawings
B.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.
6.5 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.
April 15, 2020 design collaborate , solve impact rare 5 DI 10
�19
project# 17,355 SA03
Attachment B - Limit of Work
LIBERTYAVENUE
t
w
9
to
I MAIN STREET
Ll
FUTURE DEPOT PLANS SHOWN
FOR REFERENCE ONLY
BAGDAD AVENUE
April 15, 2020 design a collaborate - solve i impact
16-0-N:�
project# 17.355 SA03
EXHIBIT C
Round Rock Main Street "Intervention Strategy" - Downtown Parklets
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 ofAndctpate Milestones
■ SA03-Task 3 - Expanded Project Management ................................................ 420 days
■ SA03-Task S - Expanded Construction Phase Services ........................................ 220 days
Proposed ProjectAnticipate Timeline
CORR Main Street Intervention Strategy Parklets°
Major Milestones >
June
Bidding
Begins NTP (Procurement) 7-7 TCompletion
Advemse
NTP (Break Graundi
Jul Aug Sept Oct Nov Dec Jan Feb Mar ' Apr
Substantial
May Jun
AM Project
7Closeout
Jui 1 Aug
Year,
Month
Service Descriptlon:
SA03
8xpanded"ea Kanagemew
i
T —
-
SA02 PS&E Up&t4M
SA02 131"n) /ftodsfloa-
SA08 Expanded Construction Pbase Serving
April 15, 2020 design collaborate solve impact
project# 17.355 SA03
EXHIBIT D
Round Rock Main Street "Intervention Strategy" — Downtown Parklets
FEE SCHEDULE
DA Compensation for the Consultant Services performed under this Agreement shall be shall be paid
according to the following, plus Reimbursable Expenses as defined below:
studio16:jq
` l PLA
associate
principal
PLA
senbr
associate
planner
seniorprholpal
associate
desi8ner
assocate
designer
associate
planner
admb
total hrs/
task
total fee/
task
SA03 03
Expanded Project Manair ment
total hrs
32
1 0
0
0
1 0
0
12
44
$ 6,380
SA03_06
Expanded Construetion Phase Services
total ha
0
64
0
0
120
0
0
194
$ 18,200
TOTAL PROJECT LABOR HOURS: 32
64
0
0
in
0 32
an
Labor Cost Totals $5,600
$8 000
$0
$0
Slo,2o0
$0 sm
$24,
Reimbursable Expenses
SubConsuRartt E erases- N/A
Total - SA03 Soft Cost Budget
$24,530,
Consultant may alter compensation distributions between individual services and/ or phases 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.
April 15, 2020 design -. collaborate solve - impact
project# 17.355 SA03
DA Payments are due and payable 30 days from the date of the Consultant's invoice but will receive a
2% 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.
D.5 The Scope of Services to be provided under this Agreement has been estimated to be completed
within proposed schedule as outlined within Exhibit C. 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:
o Supplemental Services - Current 2020 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.
April 15, 2020 design -- collaborate � solve = impact jpg ,� oI 1 0
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing Supplemental Agreement No. 3 to Professional
Consulting Services Agreement with Studio 1 16:19, LLC for landscape
architectural services for the Main Street Intervention Strategy Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/8/2020
Dept Director: Gary Hudder, Transportation Director
Cost: $24,580.00
Indexes: RR Transportation and Economic Development Corporation (Type B)
Attachments: SA No. 3.pdf
Department: Transportation Department
Text of Legislative File CM-2020-131
The Transportation Department requests approval of Supplemental Agreement #3 to the
Contract with Studio 16:19 originally approved November 28, 2017 for $18,250.00.
Supplemental Agreement #1 added $136,590.00 (overall total of $154,840) to the contract for
final design of the Downtown Round Rock Streetscape Improvement Project with a date for
completion of August 2020. Supplemental Agreement #2 added $27,295.00 (overall total of
$182,135.00) due to the rebidding of the project and additional work associated with those
tasks. Supplemental Agreement #3 adds $24,580.00 ( overall total of $206,715.00) to the
project for expanded Project Management and Construction Phase Services that exceed the
original approved scope.
Cost: $24,580.00
Source of Funds: RR Transportation and Economic Development Corporation (Type B)
City of Round Rock Page 1 Printed on 51712020