CM-07-08-181THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 2
TO "CITY OF ROUND ROCK AGREEMENT FOR PROFESSIONAL PLANNING
AND DESIGN SERVICES FOR OLD SETTLERS PARK SPORTS COMPLEX
IMPROVEMENT PROJECT WTTH SCHRICKEL, ROLLINS AND ASSOCIATES, INC."
This Supplemental Agreement No. 2 to "City of Round Rock Agreement for Professional
Planning and Design Services for Old Settlers Park Sports Complex Improvement Project with Schrickel,
Rollins and Associates, Inc." is made by and between the City of Round Rock, Texas, hereinafter called
the "City," and Schrickel, Rollins and Associates, Inc., hereinafter called the "Consultant."
WHEREAS, the City and the Consultant executed the referenced "City of Round Rock
Agreement for Professional Planning and Design Services for Old Settlers Park Sports Complex
Improvement Project with Schrickel, Rollins and Associates, Inc.," hereinafter called the "Agreement,"
on the 21st day of November, 2006; and simultaneously executed Supplemental Agreement No. 1; and
WHEREAS, it has become necessary to amend the Agreement and Supplemental Agreement No.
1 to increase the Scope of Services, the term, and the amount paid by the City to the Consultant;
NOW THEREFORE, premises considered, the City and the Consultant agree that said
Agreement and Supplemental Agreement No. 1 are amended as follows:
Subsection 1.1.2.5(B) of the Agreement shall be amended as follows:
B. Other Related Services
Topographic Survey (200 acres) $54,000
Additional Topographic Surveying $ 4,750
Record Drawings $ 7,200
Maintenance/Operations Plan $13,000
3-D Animation $25,200
Subsection 1.1.2.6 of the Agreement shall be amended as follows:
1.1.2.6 The time parameters are:
Completion not later than December 31, 2009.
Subsection 1.1.6 of the Agreement shall be amended as follows:
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by Owner
and Consultant in determining Consultant's compensation. It is expressly agreed and
understood by all parties that, as to services heretmder, the total sum of $1,010,380.00
plus authorized reimbursable expenses in an amount not to exceed $35,000.00 shall
represent the absolute limit of Owner's liability to Consultant unless same shall be
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changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this
contract must be duly authorized by appropriate action of the City Manager or City
Council.
Subsection 1.3.3.1 of the Agreement shall be amended as follows:
1.3.3.1 Change in Services of Consultant, including services required of Consultant's
subconsultants, may be accomplished after execution of this Agreement, without
invalidating the Agreement, if mutually agreed in writing. It is expressly agreed and
understood by all parties that, as to services hereunder, the total sum of $1,010,380.00
plus authorized reimbursable expenses in an amount not to exceed $35,000.00 shall
represent the absolute limit of Owner's liability to Consultant unless same shall be
changed by Supplemental Agreement hereto. Any such Supplemental Agreement to this
contract must be duly authorized by appropriate action of the City Manager or City
Council.
Subsection 1.3.8.1 of the Agreement shall be amended as follows:
1.3.8.1 If Owner fails to make payments to Consultant in accordance with this Agreement, such
failure may be considered substantial nonperformance and cause for suspension of
performance of services under this Agreement. If Consultant elects to suspend services,
prior to suspension of services, Consultant shall give fifteen (15) days' written notice to
Owner. In the event of a suspension of services, Consultant shall have no liability to
Owner for delay or damage caused Owner because of such suspension of services.
Before resuming services, Consultant shall be paid all non -disputed sums prior to
suspension. Consultant's fees for the remaining services and the time schedules shall be
equitably adjusted. It is expressly agreed and understood by all parties that, as to services
hereunder, the total sum of $1,010,380.00 plus authorized reimbursable expenses in an
amount not to exceed $35,000.00 shall represent the absolute limit of Owner's liability to
Consultant unless same shall be changed by Supplemental Agreement hereto. Any such
Supplemental Agreement to this contract must be duly authorized by appropriate action
of the City Manager or City Council.
Subsection 1.5.1 of the Agreement shall be amended as follows:
1.5.1 For Consultant's services as described under Article 1.4, compensation shall be computed
as follows:
Consultant's total compensation for services hereunder shall not exceed the sum of
$1,010,380.00 plus authorized reimbursable expenses in an amount not to exceed
$35,000.00, which sum shall include such items as travel, copies, reproductions,
presentations, telephone, postal or courier services, and other similar expenses.
The last paragraph under Subsection 1.02 of Supplemental Agreement No. 1 shall be amended as
follows:
Unless subsequently changed by additional Supplemental
Agreement to this Agreement,
duly authorized by appropriate action of the City Manager or City Council, Consultant's total
compensation for services hereunder shall not exceed $1,010,380.00, plus Reimbursable
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Expenses upto a limit of $35,000.00. These amounts represent the absolute limit of City's
liability to Consultant unless changed by additional Supplemental Agreement hereto.
Subsection 4.01 of Supplemental Agreement No. 1 shall be amended as follows:
4.01 Scope of Services. Payments hereunder shall not exceed the following:
Scope of Services $1,010,380.00
Reimbursables (not to exceed) $ 35.000.00
Total $1,045,380.00
Subsection 10.01 of Supolementai Agreement No. 1 shall be amended as follows:
10.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or
extended by mutual agreement approved by City, the term of this Agreement shall be
through December 31, 2009.
Subsection 10.02(1) of Supplemental Agreement No. 1 shall be amended as follows:
(1) Time of completion of the services referenced herein shall be as follows: Through
December 31, 2009. Nothing recited herein shall be construed to prevent the negotiated
renewal and/or extension of this Agreement by express written authorization of the
parties.
Exhibit B "Scone of Services to be Performed by Consultant" Part II - Base Man and Surveying
shall be amended as follows:
B. Additional Topographic Surveying shall be performed as follows:
1. Survey the existing sanitary sewer manhole located in the cul-de-sac for Sandy
Koufax Lane on the south side of the park.
2. Survey the intersection of Aten Loop and Kiphen Road.
3. Locate the bases on all fields except the T -ball fields.
4. Prepare a Topographic and Planimetric Survey with one -foot contours of +/- 7
acres located south of the park road, to provide a parking lot for the football
fields per the Concept Plan.
IN WITNESS WHEREOF, the City and the Consultant have executed this Supplemental
Agreement No. 2 in duplicate originals.
SCHRICKEL, ROLLINAir 1 ASS 0 IA 0
By: ,11 i _
Printed Name: _ illta,�'✓, "
Title: `
Date: Wan
3
CITY OF ROUND ROC . TEXAS
By:
Printed Name:
Title:
Date:
ST:
Christine R. Martinez, City Secretary
FOR
Stepp L. Sheets, City Attorney
APPROVES AS TO FORM:
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BLUE SHEET FORMAT
BATES July 30, 2007
SUBJECT: City Manager - August 3, 2007
ITEM: Consider a resolution authorizing the City Manager to
execute Supplemental Agreement #2 with Schrickel,
Rollins and Associates Inc. for design services for the Old
Settlers Park Sports Complex Improvement Project.
Department: PARD
Staff Person: Rick Atkins, Parks and Recreation Director
David Buzzell, Park Development Manager
Justification: Additional topographic surveying is needed to provide
detailed plans for the proposed water and wastewater
connection points and proposed football parking lot.
Funding: $1,200,000.00
Cost: $4,750.00
Source of funds: Capital Spending Plan 2007
Outside Resources:
Background Information: The project will entail renovating the existing 15
field baseball complex, converting the existing 5
field softball complex into a baseball complex,
constructing a new 5 field softball complex, and
constructing a new restroom/pro shop building.
Public Comment:
Blue sheet Format
Updated 01/20/04