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R-93-05-13-12A - 5/13/1993Mayor Mike Robinson Mayor Pro -tem JimmyJoseph Council Members Robert Slluke Rod Morgan Rick Stewart Earl Palmer Martha A. Chavez City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets June 4, 1993 RTG /Partners, Inc. 901 S. Mopac Expressway Building Two, Suite 100 Austin, TX 78746 Dear Mr.Gayle: Resolution No.R- 93- 05- 13 -12A was approved by the Round Rock City Council on May 13, 1993. Enclosed is a copy of the resolution and the agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, g oinniu,6141-6 0 Joanne Land, Assistant City Manager/ City Secretary JL:tb Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512. 255.3612 Fax 512- 255 -6676 1. 800. 735.2989 (TDD) 1- 800 - 735.2988 (Voice) RESOLVED this 1 3 day of VI t _ ,1993. ST: RESOLUTION NO. k-0.3-05- /3 - 4P WHEREAS, the 1992 Civic Center Task Force of Round Rock, Texas, has determined there is a need for a multi - purpose facility in Round Rock, and WHEREAS, the Task Force has identified the need to maximize the benefits of tourism by establishing a multi- purpose facility that will be able to accommodate conventions, meetings and artistic events, and WHEREAS, the Task Force has recommended that a study be performed to determine the feasibility of said multi- purpose facility, and WHEREAS, funds are available through the hotel /motel tax revenue account for said feasibility study, and WHEREAS, requests for proposals to perform the feasibility study have been received and evaluated, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized to sign on behalf of the City of Round Rock, Texas, a contract with RTG Partners to perform the feasibility study on a multi- purpose facility. , W ' r1 _/ AAA/. ' J/ d LAND, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas , T H • E ' A M P R I C A N I N S T I T U T E AGREEMENT and the Architect: (Name and address) AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1988 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. made as of the Twenty -sixth day of May Nineteen Hundred and Ninety -three BETWEEN the Owner: The City of Round Rock, Texas (Name and address) 221 E. Main Street Round Rock, Texas 78664 RTG /Partners Inc. 901 S. Mopac Expressway Building Two, Suite 100 Austin, Texas 78746 The Owner and the Architect agree as set forth below. AIA DOCUMENT B727 • OWNER-ARCHITECT AGREEMENT • 1988 EDITION • AIA® • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW., WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. O F R C.' H I T E C• T S, in the year of For the following Project: (Include detailed description of Project, location, address and scope) Feasibility study for a community center project for the City of Round Rock, Texas. Copyright 1972, 1979, ©1988 by The American Institute of Architects, 1735 New York Avenue, N.W , Washington, D.C. 20006 Reproduction of the material herein or substantial quotation of us provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution B727 -1988 1 ARTICLE 1 ARCHITECT'S SERVICES (here list tbose services to be provided by the Architect under the Dr= and Conditions of this Agreement. Note under each service listed the method and means of compensation to be used, if applicabig as provided m Article 8) 1. Architect shall conduct a market analysis to determine the needs and requirements of a multi - purpose community center to support convention, civic and performing arts activities, including an evaluation of potential markets and sub - markets. 2. Architect shall prepare a conceptual site plan of proposed functions of a community center. 3. Architect shall provide a statement of probable construction costs for the proposed community center. 4. Architect shall provide a statement of probable maintenance and operating costs for the proposed community center and recommend financing options for the City of Round Rock. 5. Architect shall provide an analysis of potential management and operating structures and arrangements. 6. Architect shall make two presentations of findings and recommendations to Owner and/or Owner's representatives. AIA DOCUMENT B727 • OWNER-ARCIIITECT AGREEMENT • 1988 EDITION • AIA. • ©1988 • TIIE AMERICAN INSTITUTE OF ARCIIITFCTS, 1735 NEW YORK AVENUE, NW, W381IINGTON, DC. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B727 -1988 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 OWNER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding requirements for the Project. The Owner shall furnish required information as expeditiously as necessary for the orderly progress of the Work, and the Architect shall be enti- tled to rely on the accuracy and completeness thereof. 2.2 The Owrier shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render deci- sions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the -"orderly and sequential progress of the Architect's services ■ ARTICLE 3 USE OF ARCHITECT'S DOCUMENTS 3.1 The documents prepared by the Architect for this Proj- ect are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permit- ted to retain copies, including reproducible copies, of the Architect's documents for the Owner's information, reference and use in connection with the Project The Architect's docu- ments shall not be used by the Owner or others on other proj- ects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect. ARTICLE 4 ARBITRATION 4.1 Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association cur- rently in effect unless the parties mutually agree otherwise 4.2 A demand for arbitration shall be made within a reason- able time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable pro- ceedings based on such claim, dispute or other matter in ques- tion would be barred by the applicable statutes of limitations 4.3 No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other man- ner, an additional person or entity not a party to this Agree- ment, except by written consent containing a specific refer- ence to this Agreement signed by the Owner, Architect and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other AIA DOCUMENT 5727 • OWNER - ARCHITECT AGREEMENT • 1988 EDITION • AIA • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW , WASHINGTON, DC 20006 matter in question not described in the written consent or with a person or entity not named or described therein The foregoing agreement to arbitrate and other agreements to arbi- trate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforce- able in accordance with applicable law in any court having jurisdiction thereof. 4.4 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 5 TERMINATION OR SUSPENSION 5.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 5.2 If the Owner falls to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven,_ days' written notice to the Owner, suspend performance of services under this Agreement Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services 5.3 In the event of termination not the fault of the Architect, the Architect shall be compensated for services .performed -- prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 5.4 Termination Expenses shall be computed as a percentage of the compensation earned to the time of termination, as follows - .1 For services provided on the basis of a multiple of Direct Personnel Expense, 20 percent of the total Direct Personnel Expense Incurred to the time of ter- mination, and .2 For services provided on the basis of a stipulated sum, 10 percent of the stipulated sum earned to the time of termination. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 Unless otherwise provided, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. 6.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statute of limitations shall com- mence to run not later than the date payment is due the Archi- tect pursuant to Paragraph 8.4. WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution: B727 -1988 3 6.3 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 6.4 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either writ- ten or oral. This Agreement may be amended only by writ- ten instrument signed by both Owner and Architect. 6.5 Nothing contained in this Agreement shall create a con- tractual relationship with or a cause of, action In favor of a third party against either the Owner or Architect. 6.6 Unless otherwise provided in this Agreement, the Archi- tect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 7 • PAYMENTS TO THE ARCHITECT 7.2.1 Reimbursable compensation and include expenses incurr 7.1.1 Direc .onnel gxpense Is defined as the direct salaries of the Architect's . - . nel engaged on the Project and the portion of the cost of the . ndatory and customary con- tributions and benefits related the such as employment taxes and other statutory employee bene . urance, sick leave, holidays, vacations, pensions, and similar co '•utions on to the Architect's hr- A stipulated sum of fifteen thousand dollars ( #15,000.00). 4 B727-1988 ct and Architect's employees and consultants in the interest o he Project for: expense of transportation and living expenses in con - ection with out-of -town travel authorized by the 0 er; .2 long- .'.-tance communications; .3 fees paid •r securing approval of authorities hav- ing jurisdicti over the Project; .4 reproductions; .5 postage and handli : of documents; .6 expense of overtime •• •rk requiring higher than regular rates, if authorize. • the Owner; .7 renderings and models reque d by the Owner; '.8 expense of additional coverage o mits, including professional liability insurance, req sted by the Owner in excess of that normally car d by the Architect and the Architect's consultants; d ' .9 Expense of computer -aided design and dra equipment time when ed in connection with th Project. 7.3 PAYMENTS ON ACCOUNT OF THE ARCHITECT'S SERVICES g 7.3.1 Payments on account of the Architect's services and for Reimbursable Expenses shall be made monthly upon presen- tation of the Architect's statement of services rendered or as otherwise provided in this Agreement. 7.3.2 An initial payment as set forth in Paragraph 8.1 is the minimum payment under this Agreement. 7.4 ARCHITECT'S ACCOUNTING RECORDS 7.4.1 Records of Reimbursable Expenses and expenses per- taining to services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 8 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 8.1 AN INITIAL PAYMENT OF Zero • Dollars (E ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 8.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article I, Architect's Services, shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify the services to rubicb particular methods of compensation apply If necessary) AIA DOCUMENT 8727 • OWNER.ARCHITECT AGREEMENT • 1988 EDITION • AIM • ©1988 • TIIE AMERICAN INSI II UTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 8.3 FOR REIMBURSABLE EXPENSES, as described in Article 7, and any other items included in Article 9 as Reimbursable Ex- penses, a multiple of one and one tenth( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. 8.4 Payments are due and payable ten ( 10 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof, at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon) 1% per month (12Z per annum). (Usury taws and requirements under the Federal 7hab in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Arcbltect'sprincipal places of business, the location of the Project and elsewbere may affect the validity of tbls provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding otber requirements surb as written disclosures or waivers) 8.5 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensation shall be equitably adjusted. 9.1 If services are required other than those listed in Article 1, Architect shall notify Owner of the Additional Services required. Upon Owner's written approval, Architect shall perform the Additional Services on an hourly basis based on the following hourly rates. No Additional Services shall be performed without Owner's prior written approval. Principal 1 $90.00 Principal 2 $70 -00 Project Mgr. $56.00 Architect $48.00 Tech. Staff $36.00 Clerical $28.00 �.2 9.2 Architect will provide Owner with reproducibles for presentation purposes. 9.3 Architect will provide Owner with surveys and mailing list for questionnaire mail -outs. Owner will bear the cost of reproduction and postage. ndi th This Agreement entered into as of the day and year first written above. (Signature) C OF ROUND ROCK ARTICLE 9 OTHER CONDITIONS ARCHITECT (Signature) G /P' ' ; ERS INC. CH ARLES CLtLPEPPEk) mhVok << / A,S r (Printed name and title) (Printed name and title) AIA DOCUMENT B727 • OWNER-ARCHITECT AGREEMENT • 1988 EDITION • AIA. • ©1988 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASHINGTON, DC 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B727 -1988 5 6/89 ` DATE: May 11, 1993 SUBJECT: City Council Meeting, May 13, 1993 ITEM: 12.A. Consider a resolution authorizing the Mayor to enter into a contract with RTG Partners for a Civic Center feasibility study. STAFF RESOURCE PERSON: Joe Vining STAFF RECOMMENDATION: Approval On October 19, 1992 the Civic Center Task force developed the following mission statement: "To offer the community a proposal for a multi- purpose civic center by 1993." Since that time, the task force prioritized the needs of the community and determined that it would be beneficial to have a civic center as it would attract tourism and accomodate conventions, meetings, and theatrical events. On December 15, 1992 the task force voted to request permission for a feasibility study, which was granted by Council on December 22, 1992. Staff reviewed the proposals submitted for this study and recommends RTG Partners.