CM-2021-218 - 8/6/2021CITY OF ROUND ROCK AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES FOR
DESIGN SERVICES RELATED TO THE
POLICE DEPARTMENT LANDSCAPE ENHANCEMENTS
WITH
STUDIO 1 16.19, LLC
THE STATE OF TEXAS §
THE CITY OF ROUND ROCK §
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
KNOW ALL BY THESE PRESENTS
THIS AGREEMENT for professional services related to design and related services for
the Round Rock Police Department Landscape Enhancement 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 305 West Liberty, Suite 100, Round Rock, Texas, 78664 (the
"Consultant").
RECITALS:
WHEREAS, the Round Rock Police Department Landscape Enhancement 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.
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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 within ten (10) months of
the effective date of this Agreement.
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 CITY SERVICES
City shall perform or provide services as identified in Exhibit "A" entitled "City
Services," which document is attached hereto and 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 "B" in accordance with the estimated schedule set forth in Exhibit "C," attached hereto
and incorporated herein by reference for all purposes.
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 "B" 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 Forty -Six Thousand Five Hundred
Fifty and No/100 Dollars ($46,550.00), in accordance with the Fee Schedule attached as Exhibit
"D," incorporated herein by reference for all purposes.
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
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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:
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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
1 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
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(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 affect
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.
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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:
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(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.
(b) 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 party's prior written consent, which consent
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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.
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.
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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.'herhts 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;
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(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 2271, 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:
Stacy Pfefferkorn-Ybarra
City Manager's Office
221 East Main Street
Round Rock, TX 78664
Telephone: (512) 341-3170
E-mail address: sybarra a roundrocktexas.gov
The Consultant hereby designates the following representative authorized to act on its
behalf with regards to this Agreement:
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Brent A. Baker, PLA, CLARB
Studio 1 16:19, LLC
305 West Liberty Avenue, Suite 100
Round Rock, TX 78664
Telephone: (512) 534-8680
E-mail address: brentc0tudio1619.com
24.0 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:
Studio 1 16:19, LLC
305 West Liberty Avenue, Suite 100
Round Rock, TX 78664
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
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and Consultant.
25.0 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 lie in Williamson County, Texas. This Agreement shall
be governed by and construed in accordance with the laws and court decisions of Texas.
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26.0 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.
27.0 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.
28.0 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.
29.0 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
subconsultants, in a manner acceptable to the City and according to generally accepted business
practices.
30.0 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.
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.]
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
hereafter indicated.
City of Round Rock, Texas
By:
Printed 'am :
Title: oti r
Date Signed: 2�
For City, Attest:
Sara L. White, City Clerk
For City, Approved as to Form:
By: / Z�"
-8tephan In. Sheets, City Attorney
c"j�aha L_ c'ar�i�
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Studio 1 16:19, LLC
By.
Printed Name: _
Title:
Date Signed: *Nw
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project# 21.721
EXHIBIT A
Round Rock Police Department - Landscape Enhancements
CITY SERVICES
A.1. Informal on
The Client shall provide available 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. Available 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 permit & agency review fees, if required, to secure jurisdictional approvals for the Project.
A.5 Engineering Review & Support
Engineering Design/ Review is NOT included in Consultant Scope and/or Compensation. The Client
shall provide internal resources/ support for the Consultant shall these services become required to
secure approvals for the Project or issue a supplemental agreement for Consultant to secure these
services on behalf of the for this Project.
The Client shall provide, if required, coordination and support to Consultant with application and
submittal of a Small Site Notice & Notice of Intent (NOI) for compliance with TCEQ requirements if
required for the Project.
July 2, 2021 design collaborate solve impact pg 2 of 12
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project# 21.721
EXHIBIT B
Round Rock Police Department — Landscape Enhancements
PLANNING & LANDSCAPE ARCHITECTURE SERVICES
This Agreement is made by and between studlol6:19. LLC, (the "Consultant") and City of Round Rock Texas
(the "Client"), and Round Rock Police Department Landscape Enhancements - Round Rock. TX (the
"Project"). This Agreement is made for the Scope of Work as identified in "EXHIBIT B", herein and supersedes
all other agreements pertaining to this Project, either written or oral.
B.I. Standard of Care
Landscape Architectural & Planning Services shall be performed with care and diligence in
accordance with the professional standards applicable at the time and in the location of the Project
and appropriate for the nature and scope of this Project.
B.2. Scope of 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 based on the following Project understanding:
Existing Landscape, Hardscape, and Irrigation Installation to be reviewed and assessed for
current condition to provide data for potential landscape, hardscape, and Irrigation
refresh.
'Heart of Texas Landscape' is the current landscape maintenance team on the project and
dialogues to be held on current condition and areas of improvement necessary.
Potential program for redesign ! refresh of hardscape and landscape to include shade
structure and seating areas, modified gathering areas, and upgraded landscape design.
o Existing lighting and existing security features on site to remain.
o Landscape along N. Mays Street frontage to comply with City of Round Rock code
requirements. Additional landscape in courtyard areas to be considered above and beyond
code requirements.
In conjunction with the performance of the foregoing services, The Consultant shall provide the
following submittals/ deliverables/ documents to the Client/ Client's Representative:
010: Project Management
■ The Consultant will manage the Project design team activities associated with the Project. The
Consultant shall secure resources necessary to produce the Project deliverables and meet the
Project schedule.
July 2, 2021 design - collaborate - solve , impact pg 3 of 12
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project# 21.721
■ 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.
020: Site Assessment / Data Collection
■ Preliminary gathering of Project data for the scope area including base map(s) development,
visual site analysis and digital photographic inventory of current project site limits. This
investigation will translate into a site analysis plan of critical issues potentially impacting the
program areas, existing physical conditions, and a visual reference for the design team as well
the development of usable bases for project development.
050: Schematic/ Design Development (30%)
■ The Consultant will create schematic/ design development plans. The level of design is
characterized as 30% complete design plans. The schematic/ design development plans will
further define the character of the improvements and essentials of the requested program,
including description of limits, size, shape, form, materials, and finishes. During this Project
task the Consultant shall:
o Conduct preliminary meeting(s) and/or discussions with Client including Pre -development
meeting with City Engineering/ Planning Department & DSO, as required.
o Prepare 30% preliminary schematic/ design development plan set drawings.
o Prepare schematic/ design development imagery and graphics of proposed Project elements
to compliment schematic/ design development plans.
o Participate in one working session with City staff .
o Refine the Project Budget based Schematic/ Design Development drawing and will
coordinate with Client on a final Project Budget for implementation.
Review 30% Schematic/ Design Development document and Project budget with Client.
070: Final Design: Plans, Specifications, & Estimates (PS&E) - overall corridor
• The Consultant shall prepare plans, specifications and estimates to implement the preferred
design. The Consultant will utilize readily available materials for design solutions and "as
equals" for specified Project design elements. All deliverables to be prepared under this scope
of services are intended for implementation and construction by a qualified contractor. The
Consultant sheets associated with the Final Design PS&E package may include, but shall not be
limited to:
o Overall Limits of Construction Plan
o Existing Conditions/Demolition Plan (as required)
July 2, 2021 design collaborate solve impact pg 4 of 12
Ib:�q
project# 21.221
Landscape Grading Plans, Notes & Details
Landscape Planting Plan - Planting Details, & Project Specific Notes
Irrigation Design - Plans, Details, & Project Performance Notes
■ The following tasks that are associated with the development of the Final Design PS&E package
and incorporation into a Final Bid Set Package that will include:
U Prepare and submit 90% submittal for owner review, comments, and coordination.
• Develop a written/ graphical response to the Client's 30% review comments.
• Update the opinion of cost to include all scope items @ 90% Submittal.
t } Prepare and submit 100% design plans for CORR Staff review and comment.
• All comments from previous submittals shall be incorporated into the 100% drawings,
or an explanation shall be given, in writing, for why they are omitted.
• Update the opinion of cost to include all scope items @ 1000A Submittal.
* Upon return of 100% Client comments, the Consultant shall graphically address final design
concerns and input into a bid set submittal package
Submit 100% signed and sealed design original documents (Bid -ready Drawings and a Final
Opinion of Probable Construction Cost Budget.
o Coordinate and submit 100% plans to RAS to register/ review for TDLR/ ADA, if required.
o Furnish the Client with three (3) paper copies and one (1) Adobe Acrobat PDF Copy of the
Final Design PS&E 100% Bid Submittal Package.
080: Agency Review/ Permitting
c Coordinate with the City Development staff to resolve questions or comments that arise
during the SDP review process regarding the City requirements. (if required)
o Prepare informal digital submittal(s) for team collaboration throughout the process.
o Scope limited to (2) two rounds/submittals/comment responses MAX and or 44-man hrs.
max and/or whichever shall arrive first for obtaining Permit.
090: Sid Phase Services
■ The Consultant shall assist Client during the bidding process. The Consultant shall:
Coordinate the schedule for bid advertising, pre -bid conference and bid opening.
c. Prepare and organize bid solicitation & proposal forms consistent with City's
requirements.
a Arrange for distribution of the bid documents via CIVCAST (online platform), if requested.
o Attend and Assist with the pre -bid conference and document the proceedings.
o Prepare and issue responses from pre•bid conference and Addenda (if required).
o Attend the bid opening.
o Review bids including and formulate bid tabulation.
o Provide written recommendation to Client.
o Assist with issuance of the Notice of Award & Contract Documents/ Agreement.
July 2, 2021 design . collaborate solve t impact pg 5 of 12
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project# 21.721
100: Construction Phase Services
■ 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 and the Consultant shall support 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:
Although the Consultant can be held responsible for their own errors and omissions, 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.
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.
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.
A maximum of four (# Construction visits are included in Basic 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:
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 8 to 10
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.
Attend three (3) additional required meetings with regulatory agencies (i.e. City of Round
Rock, TDLR/ADA), including pre -construction and post -construction conferences
scheduled with regulatory inspectors or any other regulatory reviewer assigned to this
project
Conduct and document inspections of the work to determine the date of substantial
completion and verify the satisfactory completion of the project in accordance with the
contract documents.
Conduct/coordinate final CORR and TDLR inspection closeout procedures.
July 2, 2021 design collaborate solve Impact pg 6 of 12
16:19
project# 21.721
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.
Review and validate the contractor developed and supplied As -Built Drawings
Upon final acceptance, the Consultant shall prepare the required Landscape Architect's
Letter of Concurrence.
B.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 Services.
■ ANY professional service or task not currently identified in Basic Services.
■ Detailed inventory or recordation of existing structures, site surveys, etc. outside of the ROW.
■ Development of As -Built Drawings post design/ construction phase services.
■ TCEQ — coordination and submittal of WPAP for Edwards Aquifer Recharge protection.
■ Storm Water Pollution Protection Plan (SWPPP)
■ Traffic Impact Analysis
■ Flood Plain Studies or Flood Plain Modeling
■ Construction Staking
• Storm Water System Modeling
■ Geotechnical Construction{ Testing Lab Services
■ Environmental Studies
■ Governmental Fees & Fiscal
■ Preparation & Processing of Waivers, or Variances
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.
0.5 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.
July 2, 2021 design collaborate solve impact pg 7 of 12
project# 21.721
EXHIBIT B-1
Round Rock Police Department - Landscape Enhancements
PROJECT LIMITS
July 2, 2021 design - collaborate solve - impact pg 8 of 12
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project# 21.721
EXHIBIT C
Round Rock Police Department — Landscape Enhancements
WORK SCHEDULE
The Consultant shall complete the scope of services with in approx. 10 months, commencing upon the issuance
or Notice to Proceed via signed agreement, and receipt of documents to be provided by the Client/ Client's
Representative as specified in Exhibit A, above.
■ Schedule ofAnticipate Milestones
■ Project Management
300 days
■ 010_Site Assessment / Data Collection
15 days
■ 050_Schematic Design Development
30 days
• 070_Final Design (100% PS&E)
60 days
• including - 60%, 90%, & 100% review submissions
■ 080_Agency Review
30 days
• 090_Bid Phase Services
60 days
• 100_Construction Phase Services
90 days
July 2, 2021 design collaborate solve impact pg 9 of 12
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project# 21.721
EXHIBIT D
Round Rock Police Department - Landscape Enhancements
FEE SCHEDULE
DA Compensation for the Consultant Services performed under this Agreement shall be paid according to
the following, plus Reimbursable Expenses as defined below:
■ REFER to BELOW - RRPD Landscape Enhancements Fee Schedule(s)
Consultant may alter compensation distributions between individual services and/ or subconsultants
services to be consistent with the Services rendered, within the contract maximum. 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 based on a negotiated fee.
D.2 Reimbursable Expenses are expenditures made by the Consultant, its employees, and sub -Consultants
in the interest of the Project. 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 and will
be itemized per Consultant/ Sub -consultant when expensed are present for payment within Monthly
invoices.
D.S Monthly payments to the Consultant shall be based on (1) the percentage of the Scope of Services
completed; and shall include payments for (2) Supplemental Services performed, and (3)
Reimbursable Expenses incurred.
D.4 Monthly Payments will be processed in accordance with Texas Prompt Payment Act, Texas
Government Code, Subchapter B, Chapter 2251. The Client will make every effort to pay the
Consultant within thirty days after the later of: acceptance of deliverables; the day of performance of
services/ deliverables were completed; or the day of receipt of a correct invoice for deliverables or
professional services. 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 Supplemental Agreement has been estimated to be
completed as noted in "Exhibit C". In the event the Project timeline is extended, compensation for
services rendered after that time shall be equitably adjusted.
D.6 The parties agree to the following provisions with respect to this specific Agreement:
Supplemental Services - Current 2021 Rates are as noted herein:
■ Principal Planner/Landscape Architect: $ 185.00/hr.
■ Associate Principal Planner / Landscape Architect: $ 145.00/hr.
• Senior Associate Planner: $ 115.00/hr.
■ Senior Associate Landscape Architect: $100.00/hr.
■ Associate Planner/ Landscape Architect: $ 90.00/hr.
■ Staff Planner/ Landscape Designer: $ 75.00/hr.
■ Administrative $ 65.00/hr.
July 2, 2021 design collaborate solve impact pg 10 of 12
project# 21.721
EXHIBIT D_1
Round Rock Police Department — Landscape Enhancements
FEE SCHEDULE - PRIME CONSULTANT
studio 16' 19
owign• odtrtaxuie • $me-rrow
pthwi"'I
PLA
also Wfix"
PIA
a 10"a
pbvumr
asadate
desWmr
ocLte
desipar
a�tat.
planner
admin
twr hn /
task
twr h. /
task
Task 010
Projm Management
totrhn
12
14
0
0
0 1
0 1
12
42 1
S 6,120
Task 020
Site Assessment/ Data Co
total his
2
e
0
0
16
Q
0
26
$ 2,770
Task NO
Schetmtk 0"tn
totalhrs
4 1
4
16
0
16
12
0
52
$ 5,360
Task 010
Final Design: Pbtts, Spea, 3 Estknates (PS&E
total hn
t
12
a
16
4e
24
0
116
$ 11,520
Task 010
Ajen Revktw / PenM1tln
total hrs
a
1 is
1 o a
24
o
1 a
1 40
S 4,340
Task mo
Bb Phase S&VIM
total his
4
24 0
0
24
22
0
64
$ 6,tto0
Task 010
fanstme*n Phase SerAms
tatr hrs
a
12
0
1 32
24
1 0 1 0 1 76
$ 6,"0
TOTAL PROJECT LABOR HOURS:
42
96
24
48
1S2
4Y
12
422
Labor Cost Totals
$7,770
$12rs60
$2,760
SSM0
$12,920
$3,M
$7d0
$43,350
Rehnbumabk Expenses
$1,200
SubConsuftwt EW&nsm
300 NIC
$0
Total - SA02 Soft Cost Budget
$46,550
July 2, 2021 design - collaborate •• solve • impact pg 11 of 12
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a Professional Consulting Services Agreement with Studio 1
16: 19, LLC for design services related to the Round Rock Police Department
Landscape Enhancement Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/6/2021
Dept Director: Laurie Hadley
Cost: $46,550.00
Indexes:
Attachments: LAF- Studio 16.19 - RRPD Landscape Enhancement Project (07 29 21)
(00478197xA08F8), Signed Consulting Services Agreement for RRPD Landscape
Enhancement Project
Department: Administration
Text of Legislative File CM-2022-218
This isa landscape enhancement project for RRPD to provide an area that fosters police relations with the
community. The plan will include landscaping for the entry way of RRPD as well as a seating area for safe
zone drop-off. The consultant should complete the scope of services within approximately ten months.
Cost: $46,550.00
Source of Funds: City Manager Contingency Funds
City of Round Rock Page 2 of 1