CM-08-12-289CITY OF ROUND ROCK
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§
KNOW ALL BY THESE PRESENTS:
SUPPLEMENTAL AGREEMENT NO. 1
TO "STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES"
WITH BWM GROUP LP
FIRM:
ADDRESS:
BWM Group LP
102 East Main Street, Round Rock, Texas 78664
This Supplemental Agreement No. 1 to "Standard Form of Agreement Between Owner and
Architect with Standard Form of Architect's Services" is made by and between the City of Round Rock,
Texas (hereinafter called the "City"), and BWM Group LP (hereinafter called `BWM").
WHEREAS, the City and BWM executed the referenced Agreement (hereinafter called the
"Agreement") on the 21st day of the month of December, 2007; and
WHEREAS, it has now become necessary to execute Supplemental Agreement No. 1 to provide
a scope of services change to Exhibit "A" to the Agreement, to add an Exhibit "B" delineating "Scope of
Architect's Basic Services," to add an Exhibit "C" delineating "Additional Services," and to add an
Exhibit "D" providing for additional fees for services and reimbursable expenses;
NOW, THEREFORE, premises considered, the City and BWM agree that said Agreement is
amended as follows:
I.
An addition shall be made to the Scope of Services attachment to the Agreement, and said
addition is delineated on Exhibit "A" attached hereto and incorporated herein by reference for all
appropriate purposes.
H.
Exhibit "B" shall be added to the Agreement delineating "Scope of Architect's Basic Services,"
and the said Exhibit "B" is attached hereto and incorporated herein by reference for all appropriate
purposes.
HI.
Exhibit "C" shall be added to the Agreement delineating "Additional Services," and the said
Exhibit "C" is attached hereto and incorporated herein by reference for all appropriate purposes.
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IV.
Exhibit "D" shall be added to the Agreement delineating "Fees for Services," and the said Exhibit
"D" is attached hereto and incorporated herein by reference for all appropriate purposes.
All services described in the attached exhibits shall be performed for the originally -contracted
total sum of $11,825.00, with an added fee of $20,000.00 to be paid for the scope of services addition
made in Supplemental Agreement No. 1, and with an added allowable for reimbursable expenses to be
paid in an amount not exceeding $1,500.00 as delineated in Supplemental Agreement No. 1.
IN WITNESS WHEREOF, the City and BWM have executed this Supplemental Agreement
No. 1 in duplicate originals.
CITY OF ROUND ROCK, TEXAS BWM GROUP
By:
Print ' " e: JAI iS (l.. Nikt.ceit p. .
Title: Glfi� M,(/INGcoVe4"
Date Signed: (Z . Z3 09)
ATTEST:
By:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
L. Sheets, City Attorney
2
By:
Printed Nam
Title:
Date Signed:
2 • y2.O0.
BWMGROUP
PLANNING1 LANDSCAPE ARCHITECTURE
Project #07102 Amendment No. o
EXHIBIT A: INITIAL INFORMATION
A1.1 General Scope
The Consultant shall provide professional landscape architectural services necessary for development of a
community gateway sign at the northwest intersection of interstate highway 35 and Westinghouse road for the
City of Round Rock, Texas. Consultant shall perform the following basic services.
AI.2 Program
Landscape Architect shall provide services, as later described for the following program elements in support
of the previously approved Schematic design concept.
• Vertical Signage Element
• Stone Backdrop Element
• Free Standing Letters
• Light Columns
• Lighting
• Xeriscape Landscaping
• Temporary Irrigation
A1.3 Development Budget Goal
A proposed development budget goal for all items of work described in Section A1.2 was generally established
at $250,000 dollars, but Architect does not guarantee that proposals, bids, or actual Project cost will not vary
from its opinions of probable construction costs.
102 East Main Street Suite 200 Round Rock, Texas7866yt- 512.238.8912 p www.bwmgrp.com pg 1 of 7
E 111 111
Project ,4°71°2 Amendment No.
Al.4 Approved Schematic Concept
Schematic Concept Plan View
Schematic Concept
102 East Main Street Suite zoo Round Rock, Texas 78654 512.238.89zz p www.bwmgrp.com pg 2 of 7
Project #07102 Amendment No.
EXHIBIT B: SCOPE OF ARCHITECT'S BASIC SERVICES
B1.1 Scope of Basic Services
Given the above stated general scope and program defined in Exhibit A Architect will provide the following
scope of basic services:
B1.2.1 Data Collection I Site Assessment
Necessary information may include, but is not limited to:
• Soils analysis for structural purposes
• Topographic survey 1 boundary verification
B1.3 Design Development
Upon Client's authorization to commence with design development, Architect shall prepare design
development drawings and a preliminary opinion of probable construction costs (OPCC). The design
development plans will further define the character and essentials of the project concept, including
description of materials.
B1.3.1 This process shall include:
• Conduct preliminary meeting(s) and/or research with regulatory entities to determine permit
requirements.
• Prepare sixty percent (40%) construction drawings and updated OPCC including appropriate escalation
factors and contingencies.
• Review 40% construction drawings with Client.
B1.4 Regulatory Entitlement and Construction Documentation
Upon Client's approval of the design development drawing(s) and the Architects opinion of probable
construction costs (OPCC), the Architect will develop working drawings and technical sections of specifications
necessary to construct the work. Working drawings may include, but not be limited to the following
information: construction notes, utilities, grading/drainage, dimension control/layout,
erosion/sedimentation/tree protection, landscaping, irrigation, site details, architectural building, mechanical,
electrical, plumbing and structural. Architect shall compliment drawings with specifications, which describe
materials, systems and equipment, workmanship, quality and performance criteria required for the
construction of the work. Consultant shall coordinate utility needs with the City and utility service
provider(s).
B1.4.1 This process shall include:
Coordinate construction drawings and specifications with other consultants.
Prepare sixty percent (80%) construction drawings and opinion of probable construction costs
(OPCC) including appropriate escalation factors and contingencies.
Review 80% construction drawings and OPCC with Client.
102 East Main Street Suite 200 Round Rock, Texas 786641 512.238.8912 p www.bwmgrp.com pg 3 of 7
E 111 111
Project #07102 Amendment No. 1
Prepare one hundred percent (100%) construction drawings, specifications, reports, permit
applications and other documents required for permitting and construction; update OPCC
including appropriate escalation factors and contingencies.
Assist Client in filing the appropriate plans and documents with jurisdictional and regulatory
agencies.
Review all modifications requested by jurisdictional and regulatory agencies with the Client.
Revise drawings and submit documents to the appropriate agency(s) for final processing,
approvals and permits.
B1.5 Bidding and Negotiating
Architect shall assist Client during the bidding and negotiating process.
B1.5.1 This process shall include:
Coordinate the schedule for bid advertising, pre-bid qualification process (if applicable), pre-bid
conference, addenda (if applicable), and bid opening.
Prepare and organize bid solicitation and proposal forms consistent with the Client's requirements.
Arrange for printing and distribution of the bid documents.
Evaluate pre-bid qualification submissions (as required) and formulate recommendations.
Conduct the pre-bid conference and document the proceedings.
Prepare and issue addenda.
Attend the bid opening
Review bids including alternates and formulate bid tabulation.
Provide written recommendation to Client.
Attend Client Council meeting for award of construction contract.
Assist with issuance of the Notice of Award and construction contract documents/agreement.
B1.6 Construction Observation
Architect shall conduct monthly progress meetings to check on the status and quality of construction and to
determine in general if the construction is proceeding in accordance with the design intent and construction
documents. The Architect may periodically make additional site visits other than progress meetings. On the
basis of its observations while at the site, the Architect will keep the Client informed of the progress of
construction and may recommend to the Client the rejection of work failing conformance to the contract
documents.
Architect shall endeavor to secure compliance by the contractor to the plans and specifications. Architect shall
not be responsible for construction means, methods, techniques, sequences or procedures in connection with
the work and Architect shall not be responsible for the contractor's errors or omissions or failure to carry out
the work in accordance with the contact documents.
B1.6.1 This process shall include:
102 East Main Street Suite 200 Round Rock, Texas 786641 512.238.8912 p www.bwmgrp.com
p94of7
•
Project #omoz Amendment No. i
Issuing the Notice to Proceed and assisting with acquire executed contracts, bonds and insurance
from the contractor.
Conduct and oversee a pre -construction meeting.
Constructions observation — preparation and processing of Requests for Information, Change
Proposals, Change Orders, Change Directives, review/approval of shop drawing, submittals and
mock-ups (as required).
Conduct and oversee monthly progress meetings. Total of nine (9) progress meetings anticipated.
Review and approve contractor Applications for Payment.
Coordinate final inspection(s) and walk-thru for substantial completion; issue punch list for
incomplete items including time for completion.
Conduct final inspection for acceptance of project.
Acquire final close-out documents, warranties, accurate as -built drawings and other documents
required to close-out project.
Review and approve contractor's final Application(s) for Payment including retainage.
Field changes, change directives, change orders or any other changes during construction of the Project
initiated by the Client, without prior written consent of the Architect, shall indemnify and hold the Architect
harmless from any damage, liability or cost, including reasonable attorneys' fees and costs of defense, arising
from such changes.
B1.7 Opinions of Probable Construction Costs (OPCC)
Opinions of probable construction costs provided by the Architect are based on the designer's familiarity with
the landscape 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 of the actual construction costs at the time
construction bids are solicited or construction contracts negotiated. Unless expressly agreed in writing and
signed by the parties, no fixed limit of construction costs is established as a condition of this Agreement by the
furnishing of opinions of probable construction costs.
102 East Main Street Suite 200 Round Rock, Texas 78664171 512.238.893z p www.bwmgrp.com
pg 5 of7
Project #o71o2 Amendment No. i
EXHIBIT C: ADDITIONAL SERVICES
C1.1 Additional Services
Client shall provide the following information or services as required for performance of the work. Architect
assumes no responsibility for the accuracy of such information for services and shall not be liable for error or
omissions therein. Should Architect be required to provide services in obtaining or coordinating compilation
of this information, such services shall be performed as Additional Services. Additional Services shall only be
provided if previously authorized by the Client.
C1.1.1 Additional Services may include, but not be limited to, the following:
• Preparation of Phased bid package(s) with reduced scope of items defined herein. Including construction
drawings and specifications.
• Hazardous Site Assessments.
• Land Acquisition services.
• Easement acquisition or vacation including preparation of easement documents.
• Preparation of multi -use agreement(s) and exhibits
• Assistance or representation in litigation concerning the property of proposed project.
• Services required after final acceptance of construction work.
• Environmental study (i.e., Phase 1 Permit).
• U.S. Fish and Wildlife Service: (Environmental Assessment Report).
• Revisions to drawings previously approved by the City due to changes in: Project scope, budget, schedule,
or when such revisions are inconsistent with written approvals or instructions previously given; enactment
or revision codes, laws, or regulations subsequent to the preparation of such documents.
• Preparation of as -built drawings.
• Providing professional services for the field selection of plant materials.
• Design of on-site and off-site utility extensions beyond those described in Basic Services.
• Providing services other than those outlined in Process of Services.
102 East Main Street Suite zoo Round Rock, Texas 7866[,15 512.238.8912 p www.bwmgrp.com pg 6 of7
E 111 111
Project #07102 Amendment No.1
EXHIBIT D: FEES FOR SERVICES
D1.1 Fees for Services
The Consultant shall perforin basic services for a lump sum fee plus reimbursable expenses.
Fees assume no change in scope and services as defined above.
Total Lump Sum Fee for Services (not including reimbursable
expenses) $20,000.00
Maximum Reimbursable Expenses $1,500.00
Total Maximum Fee plus Reimbursable Expenses $21,500.00
zoz East Main Street Suite aoo Round Rock, Texas 786646 512.238.8912 p www.bwmgrp.com pg 7 of 7
DATE: December 22, 2008
SUBJECT: City Manager - January 2, 2009
ITEM: Consider executing Supplemental Agreement No. 1 to `Standard Form
of Agreement Between Owner and Architect with Standard Form of
Architect's Services" with BWM Group LP for design of a gateway
sign.
Department: Engineering and Development Services
Staff Person: Tom Word, Chief of P.W. Operations
Justification:
The consultant shall provide professional landscape architectural services necessary for
development of the community gateway.
Fundina:
Cost: $21,500.00
Source of funds: General Self Finance
Outside Resources:
BWM Group, LP
Backaround Information:
Standard Form of Agreement with BWM Group LP was approved by City Manager on
December 21, 2007 for conceptual sign design services associated with the possible
development of a community entry sign along the Texas Department of Transportation's
right-of-way along IH35 at Westinghouse road intersection. Physical location of the project
is in the northwest corner of the IH35 at Westinghouse Road intersection.
Public Comment;
N/A
Blue Sheet Format
Updated 01/20/04