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R-98-06-11-13A2 - 6/11/1998HELLMUTH, OBATA + KASSABAUM, INC. June 10, 1998 Mr. Robert L. Bennett, AICP City Manager CITY OF ROUND ROCK 221 E. Main Round Rock, TX 78664 Re: New Minor League Ballpark HOK Project No. 98- 336 -01 Dear Mr. Bennett: This letter shall act as an Agreement between The City of Round Rock (City) and Hellmuth, Obata & Kassabaum, Inc. (HOK) for Professional Services in conjunction with the preparation of Schematic Design Services for the above referenced project. Protect Description The City of Round Rock has entered into a preliminary agreement wtth an ownership group that will bring an existing Minor League Double -A franchise to the region. The City and franchise will jointly fund a 7,500 seat ballpark that will be open for the 2000 season. Scope of Services Liu SPORT HOK will be responsible for the following Scope of Services. ..al .+ TFCTIIHF FfJ�ll�r eH l'I YL a,V I,I..� �JI F.10. S :h H,HII � �D14,1il Ilrl„ 1. Initiate Schematic Design Services for the ballpark project. This will include plans and outline specifications for the facility. Input from the City and Team will be considered as well as the minimum facility standards as identified in the Professional Baseball Agreement (PBA). 2. Modify and update the ballpark masterplan that was previously developed to evaluate and use and size. 3. Conduct a tour of two ballparks similar in scope and budget to that proposed for the City of Round Rock. 4. Develop a facility program that identifies all of the proposed spaces within the facility. A key - component for the program will be a phased implementation plan that allows for expansion of the facility over a period of time. 5. Prepare an order of magnitude cost estimate for the project as defined by the plans and specifications. 6. Participate with the City and Team in a one -day design charrette to be held in Round Rock, Texas. 7. Prepare a audio/video tour of five (5) other professional baseball parks. 8. Provide weekly project updates by conference call to City and Team. 323 West 8th Street, Suite 700 Kansas City, Missouri 64105 USA Voice +1 816 221 1576 Fax +1 816 221 1578 contact @kc.hokcom Atlanta Berlin Cr.cago Costa Mesa. CA Dallas Greenville. SC Hong Kong Houston Kansas City London Los Angeles Mexico City New York Orlando SL Loses San Fang Seattle Shanghai Tampa Tokyo Toronto Warsaw Washington. DC Mr. Robert Bennett CITY OF ROUND ROCK June 10, 1998 Page 2 Deliverables SPORT The deliverables for this phase of the project shall consist of the following: Co 1. Facility Program (8 1/2 x 11: 20 Bound Sets) 2. Colored Plans, Elevations, and Sections (30x42: Boards) 3. Black and White Prints of Plans, Elevations & Sections (20 — 30x42 Bound Sets) 4. Order of Magnitude Cost Estimate (8 1/2 x 11: 20 Bound Sets) 5. Structural Design Narrative (8'h x 11: 20 Bound Sets) 6. Mechanical/Electrical Design Narrative (8' /2 x 11: 20 Bound Sets) 7. Provide five (5) sets of meeting minutes from weekly conference calls and all other project meetings. Compensation for the above Scope of Services will be a lump sum fee of twenty five thousand dollars ($25,000) including expenses. Our professional services are to be provided in accordance with the General Conditions to Letter of Agreement for Architects dated August 3, 1995. A copy of this document is attached as Exhibit "A ". At the completion of these professional services the City will make one of the following decisions regarding the project. 1. If the project is terminated, the City will be responsible for a lump sum payment of $25,000 to HOK upon receipt of the previously identified deliverables. 2. If the project is deemed feasible, the City may retain HOK as the Architect -of- Record for the project, pay a lump sum fee of $25,000 for work completed to date, and negotiate a final fee and agreement for the remainder of the work. 3. The City recognizes that HOK's fee for the above Scope of Services may not be sufficient to cover HOK's cost in providing those services. Accordingly, in the event that the project proceeds and HOK is not selected as the Architect of Record, the City agrees to reimburse HOK for costs in excess of the $25,000 lump sum fee that HOK incurred in providing these services up to a maximum additional payment of $50,000 (maximum $75,000 total). For the purpose of calculating this reimbursement, HOK's cost shall be determined as follows: The Direct Personnel Expense shall be multiplied by 2.75 and the product shall then be multiplied by the actual hours spent. The actual cost of Reimbursable Expense shall be added to this sum. Additional Provisions The City is to provide all existing site maps, surveys, and geotechnical reports. The professional services listed above listed above will be completed within eight (8) weeks of the receipt of the final survey and geotechnical information. Conclusion We hope this letter agreement responds to your needs. If you have any questions or comments, please feel free to call. To signify your acceptance of this letter agreement, please execute with the appropriate signature and retum three (3) copies to our office. JUN 10 '98 05:31PM HOK Mr. Robert Bennett CITY OF ROUND ROCK June 10, 1998 Page 3 We look forward to working with you on this project, and appreciate the opportunity to be of service. R Dectf 1 II r T •mas L. Ingle, Vice President Sports Facilities Group - ---- TLT/Idm Enclosure cc: Earl Santee — HOK Jim Dunlap — HOK Darren Varner— HOK Tammie Bremer— HOK Bob Steed — HOK St. Louis SPORT ACCEyiED FOR: AC EPTED FOR: muth, 0 t & Kass um, Inc. City Roynd R H A . 1 11, BY MAVo1. TITLE TITLE ICi DATE DA JUN -10 -1998 17:42 UCC P.4 P.04 EXHIBIT A GENERAL CONDITIONS TO LETTER OF AGREEMENT FOR ARCHITECTS DECEMBER 1987 REV AUG 3,1995 1. PAYMENTS are payable to the Architect within thirty (30) days from the date of invoice. Invoices are sent out every month and the client will have ten (10) days from receipt of the invoice in which to review the invoice for accuracy_ After ten (10) working days from receipt of the invoice, said invoice will be deemed accurate. i An interest charge of 2% over the prevailing Bank of America prime interest rate :shall accrue on any unpaid balance not received thirty (30) days following receipt of art invoice. 2. SUSPENSION OF WORK. If any invoice is outstanding for more than fifteen (15):days from the date due, the Architect shall have the right, in addition to any and all other rights provided, to refuse to render further services to the Owner and such act or acts shall not be deemed a breach of this Agreement. Continued performance and/or completion of work by the Architect under this Agreement is contingent upon payment of fees by the Owner. 3. 1 LEGAL COSTS. The Owner shall reimburse the Architect for all costs incurred in collection of unpaid accounts, including, without limitation, all reasonable attorney and legal expenses. 5. ' DIRECT PERSONNEL EXPENSE is defined as the direct salary of all the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 1 of 4 S/Z 'd Z886 ON PlOdS X 0 H :S 8661 'ZI 'NIli 6. REIMBURSABLE EXPENSES. Transportation, lodging, and meals in connection with travel; long distance telephone calls, courier services and facsimile communications, telex, postage and delivery charges; computer time charges for CADD operations; reproduction costs; expense for data processing; photographic production techniques; expense of renderings, models and mock -ups requested by the Owner; and automobile travel. All payments to be made by the Owner under this Agreement shall be increased by the addition of applicable Sales and Use Taxes, if any. All Reimbursable Expenses shall be invoiced at cost. Mileage charges for automobiles shall be at the prevailing rate established by the I.R.S. Renderings, graphics and models prepared by outside sources will be reimbursed at actual cost plus a 15% markup to cover coordination and administrative expenses. 9. OWNLR:I DT AND USE or DOCUMENTS. Daaw:a.gs, SJ.cdules and 01., Ca Li of the A.dtitcct the Il„ gat fva „ILL thcy are preparcd is aced- te-suc rDrav,L. SJ cdulc3 and S The Daawings, Schcdulcs and rovidcd eh.. A1chitcct is not in dcfuult undcr this A. eeme.d) for 10. DISPUTE RESOLUTION /A1/13FIRA-1 MEDIATION. Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or performance of this Agreement, or breach thereof, shall be referred to voluntary, nonbinding mediation to be conducted by a mutually acceptable mediator prior to resorting to litigation. 2 of 4 S/E 'd 2886 'ON J,IZOdS g 0 H WdCO :S 8661 71 101 11. ESTIMATTS. As the Architect has no control over construction costs or contractor's prices, any construction cost estimates are made on the basis of the Architect's experience and judgment as a design professional; but it cannot and does not `varrant or guarantee that contractor's proposals, bids or costs will not vary from its estimates. 12. OWNER'S RESPONSIBILITIES. The Owner shall furnish such legal, accounting, and insurance counseling services as may be required for the Project and shall provide the Architect with all existing information relating to the Project which the Architect may request, including surveys, soils investigations, and program data. If the Owner becomes aware of any fault or defect in the Project or the Architect's services, he shall promptly notify the Architect. The Owner shall furnish required information or services as expeditiously as necessary for the orderly performance of the work 3 of 4 1I 'd 2986 '0tI ZHOdS R 0 H 8661 'ZI Inc 14. 3vIISCELLANEOUS. Neither party may assign its interest in this Agreement to any : other person without the express written consent of the other party. This Agreement constitutes the complete and sole agreement between the parties with respect to the Project, and may be amended only by a written document signed by both parties, and shall be governed by the laws of the State where the Architect is performing the work for this contract. 4 of 4 S/S 'd 2886 'ON ,LEOdS X 0 II 8661 'ZI '1dit HELLMUTH, OBATA KASSABAUM, INC May 28, 1998 Mr. Robert L. Bennett, AICP City Manager CITY OF ROUND ROCK 221 E. Main Round Rock, TX 78664 Re: New Minor League Ballpark HOK Project No. 75- 0011 -27 Dear Mr. Bennett: This letter shall act as an Agreement between The City of Round Rock (City) and Hellmuth, Obata & Kassabaum, Inc. (HOK) for Professional Services in conjunction with the preparation of Schematic Design Services for the above referenced project. Project Description The City of Round Rock has entered into a preliminary agreement with an ownership group that will bring an existing Minor League Double -A franchise to the region. The City and franchise will jointly fund a 7,500 seat ballpark that will be open for the 2000 season. Scope of Services SPORT HOK will be responsible for the following Scope of Services. 1. Initiate Schematic Design Services for the ballpark project This will include plans and outline specifications for the facility. 2. Finalize ballpark masterplan that was previously developed to evaluate land use and size. 3. Conduct a tour of two ballparks similar in scope to that proposed for the City of Round Rock. 4. Develop a facility program that identifies all of the proposed spaces within the facility. A key - component for the program will be a phased implementation plan that allows for expansion of the facility over a period of time. 5. Prepare an order of magnitude cost estimate for the project as defined by the plans and specifications. Deliverables The deliverables for this phase of the project shall consist of the following: 1. Facility Program (8th x 11: Bound) 2. Colored Plans, Elevations, and Sections (30x42: Boards) 3. Black and White Prints of Plans, Elevations & Sections (20 — 30x42 Bound Sets) 4. Order of Magnitude Cost Estimate (8 fh x 11: Bound) 5. Structural Design Narrative (8 fh x 11: Bound) 6. Mechanical/Electrical Design Narrative (8 fh x 11: Bound) 323 West 8th Street, Suite 700 Kansas City. Missouri 64105 USA Voice +1 816 221 1576 Fax +1 816 221 1578 Aclznos Berlin Chicago Costa Mesa. CA Dallas Greenville. SC Hong Kong Houston Kansas City London Los Angeles Mexico City New York Orlando SL Louis San Francisco Seattle Shanghai Tampa Tokyo Warsaw Washington, DC Mr. Robert Bennett CITY OF ROUND ROCK May 28, 1998 Page 2 Compensation ill SPORT. Compensation for the above Scope of Services will be a lump sum fee of twenty five thousand dollars ($25,000) including expenses. Our professional services are to be provided in accordance with the General Conditions to Letter of Agreement for Architects dated August 3, 1995. A copy of this document is attached as Exhibit "A ". At the completion of Schematic Design Services the City will make one of the following decision regarding the project. 1. If the project is terminated, the City will be responsible for a lump sum payment of $25,000 to HOK upon receipt of the previously identified deliverables. 2. If the project is deemed feasible, the City will retain HOK as the Architect -of- Record for the project, pay a lump sum fee of $25,000 for work completed to date, and negotiate a final fee and agreement for the remainder of the work. Additional Provisions The City is to provide all existing site maps, surveys, and geotechnical reports. The services listed above will be completed within eight (8) weeks of the receipt of the final survey and geotechnical information. Conclusion We hope this letter agreement responds to your needs. If you have any questions or comments, please feel free to call. To signify your acceptance of this letter agreement, please execute with the appropriate signature and retum three (3) copies to our office. We look forward to working with you on this project, and appreciate the opportunity to be of service. R spectfully, om :s L. Tingla, Vice President Sports Facilities TLTAdm Enclosure cc: Earl Santee — HOK Jim Dunlap — HOK Darren Vamer — HOK Tammie Bremer — HOK Bob Steed — HOK St. Louis Mr. Robert Bennett CITY OF ROUND ROCK May 28, 1998 Page 3 ki SPORT ACCEPTED FOR: ACCEPTED FOR: City of Round Rock TITLE DATE Hell uth, Obata & Kassabaum, Inc. TITLE DATE GENERAL CONDITIONS TO LETTER OF AGREEMENT FOR ARCHITECTS DECEMBER 1987 REV AUG 3, 1995 EXHIBIT A 1. PAYMENTS are payable to the Architect within thirty (30) days from the date of invoice. Invoices are sent out every month and the client will have ten (10) days from receipt of the invoice in which to review the invoice for accuracy. After ten (10) working days from receipt of the invoice, said invoice will be deemed accurate. An interest charge of 2% over the prevailing Bank of America prime interest rate shall accrue on any unpaid balance not received thirty (30) days following receipt of an invoice. 2. SUSPENSION OF WORK. If any invoice is outstanding for more than fifteen (15) days from the date due, the Architect shall have the right, in addition to any and all other rights provided, to refuse to render further services to the Owner and such act or acts shall not be deemed a breach of this Agreement. Continued performance and /or completion of work by the Architect under this Agreement is contingent upon payment of fees by the Owner. 3. LEGAL COSTS. The Owner shall reimburse the Architect for all costs incurred in collection of unpaid accounts, including, without limitation, all reasonable attorney and legal expenses. 4. NO DEDUC'1ION shall be made from the Architect's compensation on account of claims of negligent errors or omissions in performance of professional services by the Architect, except pursuant to a judicial award or an award rendered in a proceeding in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining. 5. DIRECT PERSONNEL EXPENSE is defined as the direct salary of all the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 6. REIMBURSABLE EXPENSES. Transportation, lodging, and meals in connection with travel; long distance telephone rails, courier services and facsimile 1 of 4 communications, telex, postage and delivery charges; computer time charges for CADD operations; reproduction costs; expense for data processing; photographic production techniques; expense of renderings, models and mock -ups requested by the Owner; and automobile travel. All payments to be made by the Owner under this Agreement shall be increased by the addition of applicable Sales and Use Taxes, if any. All Reimbursable Expenses shall be invoiced at cost. Mileage charges for automobiles shall be at the prevailing rate established by the I.R.S. Renderings, graphics and models prepared by outside sources will be reimbursed at actual cost plus a 15% markup to cover coordination and administrative expenses. 7. SPECIAL CONSULTANTS or Subcontractors are those who provide services other than those provided by customary consultants as defined in AIA Documents B141, Standard Form of Agreement Between Owner and Architect. If it is requested that the Architect retain any Special Consultants or Subcontractors on the Owner's behalf, their charges will also be subject to a 15% markup. Invoicing and payment shall be the same as in Item 1 above. 8. SEPARATE CONSULTANTS. If a firm or firms are separately engaged by the Owner to work under the general direction of the Architect, the Architect shall have no responsibility or liability for the performance or technical sufficiency of the services of such separately engaged firms. 9. OWNERSHIP AND USE OF DOCUMENTS. Drawings, Schedules and Specifications as instruments of services are and shall remain the sole and exclusive property of the Architect whether the Project for which they are prepared is executed or not. The Owner shall be permitted to retain copies, including reproducible copies, of Drawings, Schedules and Specifications for information and reference in connection with the Owner's use and occupancy of the Project; provided, however, that the Architect shall retain any and all copyright privileges in and to such Drawings, Schedules and Specifications. The Drawings, Schedules and Specifications shall not be used by the Owner on other projects, for additions to this Project, or (provided the Architect is not in default under this Agreement) for completion of this Project by others, or published in any manner whatsoever, except by prior agreement of the Architect in writing and with appropriate compensation to the Architect. 10. DISPUTE RESOLUTION /ARBITRATION. Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or performance of this Agreement, or breach thereof, shall be referred to voluntary, nonbinding mediation to be conducted by a mutually acceptable mediator prior to resorting to litigation or arbitration. Provided they do not exceed a cumulative total of $75,000 during the term of this Agreement, all claims, disputes and other matters in question between the parties to 2 of 4 this Agreement, arising out of or relating to this Agreement or the breach thereof, which are not resolved as the result of the non - binding mediation process, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable 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 proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. No arbitration, arising out of or relating to this Agreement shall include, by consolidation, joinder or in any other manner, any additional person not a party to this Agreement except by written consent containing a specific reference to this Agreement and signed by the Architect, the Engineer and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any disputes not described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this Agreement shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance within applicable law in any court having jurisdiction. 11. ESTIMATES. As the Architect has no control over construction costs or contractor's prices, any construction cost estimates are made on the basis of the Architect's experience and judgment as a design professional; but it cannot and does not warrant or guarantee that contractor's proposals, bids or costs will not vary from its estimates. 12. OWNERS RESPONSIBILITIES. The Owner shall furnish such legal, accounting, and insurance counseling services as may be required for the Project and shall provide the Architect with all existing information relating to the Project which the Architect may request, including surveys, soils investigations, and program data. If the Owner becomes aware of any fault or defect in the Project or the Architect's services, he shall promptly notify the Architect. The Owner shall furnish required information or services as expeditiously as necessary for the orderly performance of the work. 13. ARCHITECTS ROLE DURING CONSTRUCTION. If this Agreement provides for any construction phase services by the Architect, it is understood that the contractor, not the Architect, is responsible for construction of the Project, and that 3 of 4 the Architect is not responsible for the acts or omissions of any contractor, subcontractor, or material supplier, for safety programs or enforcement, or for construction means, methods, techniques, sequences and procedures employed by the contractor. 14. MISCELLANEOUS. Neither party may assign its interest in this Agreement to any other person without the express written consent of the other party. This Agreement constitutes the complete and sole agreement between the parties with respect to the Project, and may be amended only by a written document signed by both parties, and shall be governed by the laws of the State where the Architect is performing the work for this contract. 4 of 4 WHEREAS, the City of Round Rock desires to retain professional services for preliminary design services for a multi- purpose stadium facility, and WHEREAS, Hellmuth, Obata & Kassabaum, Inc. (HOK) has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with HOK, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with HOK for professional services for preliminary design services for a multi - purpose stadium facility, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 11th day of June, f998 CHARLES CULPEPPER, Mayor EST: City of Round Rock, Texas ij. s. \ w' BOOC9 \sssOLVTI\s8O6IIA2.IiBD /ecg LAND, City Secretary RESOLUTION NO. R- 98- 06- 11 -13A2 HELLMUTH, OBATA + KASSABAUM, INC. June 10, 1998 Mr. Robert L. Bennett, AICP City Manager CITY OF ROUND ROCK 221 E. Main Round Rock, TX 78664 Re: New Minor League Ballpark HOK Project No. 98- 336 -01 Dear Mr. Bennett: This letter shall act as an Agreement between The City of Round Rock (City) and Hellmuth, Obata & Kassabaum, Inc. (HOK) for Professional Services in conjunction with the preparation of Schematic Design Services for the above referenced project. Project Description The City of Round Rock has entered into a preliminary agreement with an ownership group that will bring an existing Minor League Double -A franchise to the region. The City and franchise wit jointly fund a 7,500 seat ballpark that will be open for the 2000 season. Scope of Services SPORT HOK will be responsible for the following Scope of Services. .I0CI1,CC "UI.C. LN', NCI 1, Initiate Schematic Design Services for the ballpark project. This will include plans and outline specifications for the facility. Input from the City and Team will be considered as well as the minimum facility standards as identified in the Professional Baseball Agreement (PBA). 2. Modify and update the ballpark masterplan that was previously developed to evaluate land use and size. 3. Conduct a tour of two ballparks similar in scope and budget to that proposed for the City of Round Rock. 4. Develop a facility program that identifies all of the proposed spaces within the facility. A key - component for the program will be a phased implementation plan that allows for expansion of the facility over a period of time. 5. Prepare an order of magnitude cost estimate for the project as defined by the plans and specifications. 8. Participate with the City and Team In a one -day design cherrette to be held in Round Rock, Texas. 7. Prepare a audio/14deo tour of five (5) other professional baseball parks. 8. Provide weekly project updates by conference call to City and Team. 323 West 8th Street, Suite 700 Kansas City, Missouri 64105 USA Voice +1 816 221 1576 Fax +1 816 221 1578 contact @kc.hok.com Arians Bar l Ch.cagc Costa Mc., CP Dallas Greenville, SC Hong Kong Hnntton Kansas Coy London Los Angeles Mexico City New York Orlando St. Louis San Francisco Stele Shanghai Tampa Tokyo Toronto Warsaw Washington, DC Mr. Robert Bennett CITY OF ROUND ROCK June 10, 1998 Page 2 Deliverables Compensation SPORTC The deliverables for this phase of the project shall consist of the following: 1. Facility Program (8 1/2 x 11:20 Bound Sets) 2. Colored Plans, Elevations, and Sections (30x42: Boards) 3. Black and White Prints of Plans, Elevations & Sections (20 — 30x42 Bound Sets) 4. Order of Magnitude Cost Estimate (8 x 11: 20 Bound Sets) 5. Structural Design Narrative (8 1 /2 x 11: 20 Bound Sets) 6. MechanicaVElectrical Design Narrative (8'/2 x 11: 20 Bound Sets) 7. Provide five (5) sets of meeting minutes from weekly conference calls and all other project meetings. Compensation for the above Scope of Services will be a lump sum fee of twenty five thousand dollars ($25,000) including expenses. Our professional services are to be provided in accordance with the General Conditions to Letter of Agreement for Architects dated August 3, 1995. A copy of this document is attached as Exhibit "A ". At the completion of these professional services the City will make one of the following decisions regarding the project. 1. If the project is terminated, the City will be responsible for a lump sum payment of $25,000 to HOK upon receipt of the previously identified deliverables. 2. If the project is deemed feasible, the City may retain HOK as the Architect -of- Record for the project, pay a lump sum fee of $25,000 for work completed to date, and negotiate a final fee and agreement for the remainder of the work. 3. The City recognizes that HOK's fee for the above Scope of Services may not be sufficient to cover HOK's cost in providing those services. Accordingly, in the event that the project proceeds and HOK is not selected as the Architect of Record, the City agrees to reimburse HOK for costs in excess of the $25,000 lump sum fee that HOK incurred in providing these services up to a maximum additional payment of $50,000 (maximum $75,000 total). For the purpose of calculating this reimbursement, HOK's cost shall be determined as follows: The Direct Personnel Expense shall be multiplied by 2.75 and the product shall then be multiplied by the actual hours spent. The actual cost of Reimbursable Expense shall be added to this sum. Additional Provisions The City is to provide all existing site maps, surveys, and geotechnical reports. The professional services listed above listed above will be completed within eight (8) weeks of the receipt of the final survey and geotechnical information. Conclusion We hope this letter agreement responds to your needs. If you have any questions or comments, please feel free to call. To signify your acceptance of this letter agreement, please execute with the appropriate signature and retum three (3) copies to our office. JUN 10 '98 05:'31PM'HOK Mr. Robert Bennett CITY OF ROUND ROCK June 10, 1998 Page 3 We look forward to working with you on this project, and appreciate the opportunity to be of service. Thomas L Tingle, ILIA Vice President Sports Facilities Gro41—_--- TLTlldm Enclosure cc Earl Santee — HOK Jim Dunlap — HOK Darren Varner — HOK Tammie Bremer — HOK Bob Staed — HOK St. Louis ACCEPTED FOR: Cit o Rod nd Rock C , ,( ( BY V'I— M114VoR, TITLE DATE ( " -949 JUN -10 -1998 17:42 S PORT ACCEPTED FOR: H Ilmuth abaum, Inc. UM PMIDEMT TITLE DAT .5 99% P.05 EXHIBIT A GENERAL CONDITIONS TO LETTER OF AGREEMENT FOR ARCHITECTS DECEMBER 1987 REV AUG 3,1995 1. PAYMENTS are payable to the Architect within thirty (30) days from the date of invoice. Invoices are sent out every month and the client will have ten (10) days from receipt of the invoice in which to review the invoice for accuracy. After ten (10) working days from receipt of the invoice, said invoice will be deemed accurate. An interest charge of 2% over the prevailing Bank of America prime interest ratelshall accrue on any unpaid balance not received thirty (30) days following receipt of an invoice. 2. SUSPENSION OF WORK. If any invoice is outstanding for more than fifteen (15) days from the date due, the Architect shall have the right, in addition to any and all other rights provided, to refuse to render further services to the Owner and such act or acts shall not be deemed a breach of this Agreement. Continued performance and %or completion of work by the Architect under this Agreement is contingent upon payment of fees by the Owner. 3. LEGAL COSTS. The Owner shall reimburse the Architect for all costs incurred in collection of unpaid accounts, including, without limitation, all reasonable attorney and legal expenses. 5. ' DIRECT PERSONNEL EXPENSE is defined as the direct salary of all the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 1 of 4 5/Z 'd 2886 'ON ZHOdS )1 0 H 18dZ0 :5 8661 'Z1 'NM 6. REIMBURSABLE EXPENSES. Transportation, lodging, and meals in connection with travel; long distance telephone calls, courier services and facsimile communications, telex, postage and delivery charges; computer time charges for CADD operations; reproduction costs; expense for data processing; photographic production techniques; expense of renderings, models and mock -ups requested by the Owner; and automobile travel. All payments to be made by the Owner under this Agreement shall be increased by the addition of applicable Sales and Use Taxes, if any. All Reimbursable Expenses shall be invoiced at cost. Mileage charges for automobiles shall be at the prevailing rate established by the I.R.S. Renderings, graphics and models prepared by outside sources will be reimbursed at actual cost plus a 15% markup to cover coordination and administrative expenses. executed or .,ot. The shall be to .et ::., cop:es, ;Itch:efi .; cosipletkw, of this oject by others, or published in ..,y L anncr whatsoever, exct 10. DISPUTE RESOLUTION /ON MEDIATION. Any controversy, claim or dispute arising out of or relating to the interpretation, construction, or performance of this Agreement, or breach thereof, shall be referred to voluntary, nonbinding mediation to be conducted by a mutually acceptable mediator prior to resorting to litigation. 2 of 4 S/E 'd ZB86 'ON HodS X 0 H 8jdCO :9 8661 71 Elf 11. ESTIMATES. As the Architect has no control over construction costs or contractor's prices, any construction cost estimates are made on the basis of the Architect's experience and judgment as a design professional; but it cannot and does not warrant or guarantee that contractor's proposals, bids or costs will not vary from its estimates. 12. OWNERS RESPONSIBILITIES. The Owner shall furnish such legal, accounting, and insurance counseling services as may be required for the Project and shall pro ide the Architect with all existing information relating to the Project which the Architect may request, including surveys, soils investigations, and program data. If the Owner becomes aware of any fault or defect in the Project or the Architect's services, he shall promptly notify the Architect. The Owner shall furnish required infoimation or services as expeditiously as necessary for the orderly performance of the ,work 3 of 4 8/1? 'd Z886 ON J, OdS X 0 H 119O:S 9661 71 1Ilf 14. MISCELLANEOUS. Neither party may assign its interest in this Agreement to anyother person without the express written consent of the other party. This Agreement constitutes the complete and sole agreement between the parties with respect to the Project, and may be amended only by a written document signed by both parties, and shall be governed by the laws of the State where the Architect is performing the work for this contract. 4 of 4 SA 'd Z886 '0N ZEOdS H 0 H 14dt0 : S 8661 'Z1 'NM DATE: June 5, 1998 SUBJECT: City Council Meeting - June 11, 1998 ITEM: 13.A.2. Consider a resolution authorizing the Mayor to execute an agreement with HOK (Hellmuth, Obata & Kassabaum, Inc.) for preliminary design services for a multi purpose facility/stadium. Staff Resource Person: Joe Vining, Planning Director. HOK will provide schematic design services for the multi - purpose facility/stadium. The scope of their services includes an order of magnitude cost estimate and a facility program identifying the proposed spaces within the facility. The attached contract is being revised by HOK to include our recommendations. The original will be hand delivered on Wednesday.