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R-06-11-21-10E1 - 11/21/2006RESOLUTION NO. R-06-11-21- 1061 WHEREAS, the City of Round Rock desires to retain professional planning and design services for the Old Settlers Park Sports Complex Improvement Project, and WHEREAS, Schrickel, Rollins and Associates, Inc. has submitted an Agreement for Professional Planning and Design Services to provide said services, 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 Schrickel, Rollins and Associates, Inc. for Professional Planning and Design Services for the Old Settlers Park Sports Complex Improvement Project, a copy of same being attached hereto as Exhibit "A" 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. RESOLVED this 21st day of November, 2006. NY W , Mayor ty of nd Rock, Texas T ST: CHRISTINE R. MARTINEZ, City Secre ary QPFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R61121E1.WPD/rmc 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. Based upon AIA Document B141 - 1997 1997 Edition - Electronic Format AGREEMENT made as of the (_) day of the month of (In words, indicate day, month and year) BETWEEN Consultant's client identified as Owner: (Name, address and other information) City of Round Rock 221 East Main Street Round Rock Williamson and Travis Counties, Texas, 78664 and Consultant: (Name, address and other information) Schrickel, Rollins and Associates. Inc. 1161 Con2orate Drive West, Suite 200 Arlington, Texas 76006 For the following Project: (Include detailed description of Project) in the year Two Thousand Six. Professional planning and design services (including but not limited to base map and surveying site planning, design development construction documents bidding construction administration and related services) associated with the development of a portion of Old Settlers Park saidproposed development to include redevelopment of twenty existing ballfields, ten new lighted softball fields one new tennis pro shop/restroom facility, and related site developments. Owner and Consultant agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions: Consultant shall furnish the aforementioned services, including but not limited to rendering professional consultation and advice and furnishing* civil structural, mechanical, and electrical en ig'neeringl services: surveying services: Consultantural services: landscape Consultantural services: and sports turf design. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: This Project consists of planning and design services related to the development of a portion of Old Settlers Park, said proposed development to include redevelopment of twenty existing ballfields ten new lighted softball fields, one new tennis pro shop/restroom facility, and related site developments. 1.1.2.2 The physical parameters are: The physical location of this Project is at Old Settlers Park, Round Rock, Texas. 00106749/jkg :EXHIBITE "All 1.1.2.3 Owner's Program is: The program of development shall include but not be limited to the followiniz elements The parties agree that elements may be omitted by Owner in order to meet the Project budget. 1. Major Improvements a. Girls lighted softball complex (5 fields) including support facilities. restroom/concession buildings bleacher areas shade structures, parking, etc. b. Adult lighted softball complex (5 fields) including support facilities restroom/concession buildings bleacher areas, shade structures, parking, etc. c. Renovations to four (4) existing Sports Complexes (20 fields)...Existing fields and lighting will remain; public spectator areas will be redesigned. Five (5) existing girls softball fields will be converted to baseball d. New restroom/concession/pro shop for the Tennis Center including a small shade pavilion area e. Storm drainage/detention. 2. Miscellaneous A. Removal of existing facilities. b. Earthwork and ding_ c. Security and pedestrian lighting, d. Sports lighting on new fields. Existing fields will remain unchanged except new lamps will be installed by Owner. L. Landscape plantings. f Site furnishings: bleachers, drinking fountains litter receptacles signage g. Erosion control. h. Irrigation system. i. Recreational trails. L Storage/maintenance facilities. One central maintenance complex will be located on the site along with small maintenance/storage areas at each complex. k. ADA evaluation of existing buildings and modifications if necessary, 1. Shaded bleacher areas. M. Parking lot redesign at existing southwest complex 3. Utilities a. Sewer connections. b. Water service. c. Electrical distribution and controls. d. Telephone service. g. Maxicom irrigation control. 1.1.2.4 The legal parameters are: Not applicable. 1.1.2.5 The financial parameters are as follows: Amount of Owner's overall budget for the Project, including Consultant's compensation is: Approximately $13,160.000.00, including fees for professional services and expenses unless otherwise amended by Owner. The Fee Schedule relative to this Agreement is as follows: A. Basic Professional Planning and Design Services Site Plan 131,660 Design Development 114,690 Contract Documents Bidding Administration Construction Administration TOTAL B. Other Related Services Topographic Survey (200 acres) Record Drawings Maintenance/Operations Plan 3-D Animation C. Reimbursable Expenses Allowance $ 446,730 $ 22,470 $ 190,680 $ 906,230 54,000 $ 7,200 $ 13,000 25,200 35,000 (actual costs: not to exceed amount) 1.1.2.6 The time parameters are: (Idents, ifappropriate, milestone dates, durations orfast track scheduling) Completion not later than twenty-four (24) months from date of execution of this Agreement 1.1.2.7 The proposed procurement or delivery method for the Project is: (Idents method such as competitive bid, negotiated contract, or construction management.) Professional services will be engaged by negotiated contract. General contractor for construction will be selected by statutorily -allowable delivery method. 1.1.2.8 Other parameters are: (Identify.rpecial characteristics or needs of the Project such as energy, environmental or historic preservation requirements) Not applicable. 1.1.3 PROJECT TEAM 1.13.1 Owner's Designated Representatives are: (List name, address and other information.) Larry Madsen Construction Manager, Public Works Department City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 David BuzzelI Park Development Manager, Parks and Recreation Department City of Round Rock 301 West Bagdad Street. Suite 250 Round Rock, Texas 78864 1.1.3.2 The persons or entities, in addition to Owner's Designated Representatives, who are required to review Consultant's submittals to Owner are: (List name, address and other information) City Manager 221 East Main Street Round Rock, Texas 78664 1.1.3.3 Owner's other consultants and contractors are: (List discipline and, ifknown, identify them by name and address.) Not applicable. 1.1.3.4 Consultant's Designated Representative is: (List name, address and other information) Victor W. Baxter Vice President, Schrickel. Rollins and Associates. Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 1.13.5 The subconsultants retained at Consultant's expense are: (List discipline and, if known, identify them by name and address) BWM Group: Lead Local Firm/CACO Friberg Associates, Inc.: Mechanical/Electrical/Plumbing Don Illingworth and Associates. Inc.: Structural Engineering Baker-Aicklen & Associates. Inc.: Surveying Kleinfelder: Geotechnical Engineering James Pole Irrigation: Irrigation Turf Diagnostics and Design: Turf Manta Kay H)nes: Tournament Play Consultant Foda Studios: Graphics and Signage Sharp Landscapes: Maintenance/Operations 1.1.4 Other important initial information is: Not applicable. 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 eufrent as of the date of this Agreement, er- as fellewsi as modified between Owner and Contractor. 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. Both panies, hev.*-A—, ---- . -e that sueh ingafmation fnery ehange and, in that eyent, Owner- and Consultant shall negetiate apprepr-ieAe adjustments in sehedule, eerApensation and Change in SeMees in aeee:da nee with o,._..g... p It is expressly agreed and understood by all parties that as to services hereunder, the total sum of $1,005,630.00 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 Anv such Supplemental Agreement to this contract must be duly authorized by appropriate action of the City Manager or City Council. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 Owner and Consultant shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. Owner shall furnish to Consultant, within fifteen (15) days after receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce lien rights. 0 1.2.2.2 Ownef shall per-iedieally update the budget for the Pfejeet, ineluding thm poffien alloeated fef the Cost of t 0-114ffleff shall not signifieand), inerease or deerease the oN,er-all budget, the portion of the budget alleeated for the Ges of the WedE, or eontingeneies ifieluded in the over-all budget er a pet4ien of the budget, %ithout the agreement ef Gensultan Owner shall establish and periodically update the budget for the Project 1.2.2.3 Owner's Designated Representatives identified in Paragraph 1. 1.3 shall be authorized to act on Owner's behalf with respect to the Project. Owner or Owner's Designated Representatives shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Consultant's services. 1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize Consultant to furnish them as a Change in Services when such services are requested by Consultant and are reasonably required by the scope of the Project and are approved by Owner. 1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, Owner shall furnish or lav for tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be reasonably necessary at any time for the Project to meet Owner's needs and interests. 1.2.2.7 Owner Eachparty shall provide prompt written notice to the Gexsultant other if Owner either becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in Consultant's Instruments of Service. 1.2.2.8 Owner will furnish building permits without charge Electrical plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will beap id by Owner and are not to be included by Consultant in the specifications for the Project 1.2.2.9 Owner will provide Consultant with miscellaneous items such as the Project Facility Program two (2) copies of the City of Round Rock General and Supplementary Conditions for Building Construction Instructions to Bidders Proposal Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form and such other information and materials as may be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction contract. To the extent practicable, these documents shall be utilized in the preparation of the construction documents 1.2.2.10 Owner will provide the following services to Consultant in the performance of the Project upon r uest A. Provide any existing data City has on file concerning the Project if available B. Provide any as -built plans for existing facilities if available C. Provide any as -built plans for existing water and sanitary sewer mains if available D. Assist Consultant, as necessary, in obtaining any required data and information from local utility corn ap nies E. Provide standard details and specifications in digital format F. Assist Consultant by requiring appropriate utili1y companies to expose underground utilities within rights-of-way or easements, when required. G. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that affects the scope or timing of Consultant's services H. Secure the services of an independent geotechnical engineering company to investigate the engineering properties of the soils and to make recommendations on the design of building foundations paving lightpole foundations shade structures. etc. 1. Secure the services of an independent laboratory for Construction Phase Testing. 1.2.3 CONSULTANT 1.23.1 The services performed by Consultant, Consultant's employees and Consultant's subconsultants shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents in supplemental documents and in related documents 5 1.2.3.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for Owner's approval a schedule for the performance of Consultant's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which sha8 may be adjusted, if necessary and approved by Owner, as the Project proceeds. This schedule shall include allowances for periods of time required for Owner's review, for the performance of Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not, except for reasonable cause, be exceeded by Consultant or Owner. 1.2.33 Consultant's Designated Representative identified in Paragraph 1. 1.3 shall be authorized to act on Consultant's behalf with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by Owner, unless withholding such would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. Consultant shall require of Consultant's subconsultants similar agreements to maintain the confidentiality of information specifically designated as confidential by Owner. 1.23.5 Except with Owner's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.23.6 Consultant shall review laws, codes, and regulations applicable to Consultant's services. Consultant shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.23.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by Owner. Ceesultant Each party shall provide prompt written notice to the O other if Consultant either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 13 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to Owner of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by Owner and equipment designed, specified, selected or specially provided for by Consultant, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a r-easenable allewanee for their- for Contractor's overhead and profit. in addition a reasenable allewanee f s 1.3.1.3 The Cost of the Work does not include the compensation of Consultant and Consultant's subconsultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by Consultant and Consultant's subconsultants are Instruments of Service for use solely with respect to this Project. Consultant an Cefistiltant's eensultants shall be deemed the atither-s and a-Affier-s of theiF r-espeetive 1fistFdments of SeFviee and shall retain Owner acknowledges Consultant's construction documents are instruments of professional service Nevertheless the plans and specifications prepared under this Agreement shall become the property of Owner upon completion of the work and payment in full of all monies due to Consultant, same to be used by Owner at its sole discretion Until completion of construction as to the particular Project for which the plans and specifications are designed Owner may not make any modifications to same without the express written authorization of Consultant. However, at any time after completion of construction Owner may reuse or make any modifications to the plans and specifications without the prior written authorization of Consultant Owner agrees to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any claim liability or cost (including reasonable attorneys' fees) arising out of any unauthorized reuse or modification of the construction documents by Owner or any person or entity that acquires or obtains the plans and specifications from or through Owner without the written authorization of Consultant. rol 1.3.2.2 Upon execution of this Agreement, Consultant grants to Owner a ^^ReMPPI.-Isivi.'iptens permission to reproduce Consultant's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Consultant shall obtain similar nonexelusive licenses permission from Consultant's subconsultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, Owner shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven (7) days of termination all originals and reproductions in Owner's possession or control. If and upon the date Consultant defaults on this Agreement, {wnittirtg Owner is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service selely for the purposes of completing, using and maintaining the Project. 1.3.2.3 Exeept fef the lieenses granted in Subparagraph 1.3.2.2, no other lieense or right shall be deemed granted Of implied under. this Agmement. Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any lieense permission granted herein to another party without the prior written agreement of Consultant. However, Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by heense gr -ant in Subparagraph . Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. not to be eanstfued as publieatien in deregatien of th resefN,ed rights ef Consultant and Consultant's eensultants. Owner shall not use the instfuments of Serviee for future additions er alterations to this Prejeet or other prejeets, mess Ovine, obtains the pr-ief�...�t OfConsultant a Consultant's Any unauthorized use of the Instruments of Service shall be at Owner's sole risk and without liability to Consultant and Consultant's subconsultants. 1.3.2.4 Prior to Consultant providing to Owner any Instruments of Service in electronic form or Owner providing to Consultant any electronic data for incorporation into the Instruments of Service, Owner and Consultant shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations l,eensos not otherwise provided in this Agreement. 1.3.2.5 All plans and drawings will be prepared and submitted by Consultant to Owner for approval on a minimum 24 - inch by 36 -inch or maximum 32 -inch by 42 -inch drafting sheet with all lettering_ processed in ink or pencil and clearly legible when the sheets are reproduced and reduced to half size. 1.3.2.6 Upon completion of the construction of the Project Consultant shall within thirty (30) calendar days following final inspection, deliver to Owner the reproducible Record Drawings and Record Specifications as described supplemental]y herein. In addition. Consultant shall submit oricinals of all documents listed under Section 1.3.2.1 modified to record conditions provided by the contractor. 1.3.2.7 Consultant shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project. Any such change shall be sealed by the consultant making that change and shall be appropriately marked to reflect what was chanced or modified. 1.33 CHANGE IN SERVICES 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, if 1.3.3.2. in the abseftee of mutual agreement in "ting, Consultant shall 11&66, O"er- prier to providing sueh sen,iees. if Owner deems that all er a paFt ef stieh Change in Sen,iees is net required, Ovffler shall give prompt %T-itten netiee to Consultant, and Consultant shall have ne obligation to previde these sen,iees. Exeept for a ehange due to the fault of Consultant, Change in SefN4ees of Censultant shall entitle Consultant te an aElJUStMe11f ifi 6efHpe Paragraph 1.5.2, and to any Reimbur-sable Expenses deseribed in Stibpara"h 1.3.9.2 and Paragfaph 1. It is expressly agreed and understood by all parties that, as to services hereunder, the total sum of $1.005,630.00 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 7 1.3.3.2 If any of the following circumstances affect Consultant's services for the Project, Consultant shall be entitled to an appropriate adjustment in Consultant's schedule and compensation. .1 Change in the instructions or approvals given by Owner that necessitate revisions in Instruments of Service; .2 Enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 Decisions of Owner not rendered in a timely manner; .4 Significant change in the Project including, but not limited to size, quality, complexity, Owner's schedule or budget, or procurement method; .5 Failure of performance on the part of Owner or Owner's consultants or contractors; .6 Preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where Consultant is a party thereto; .7 Change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation . If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or-* arbitfatien. 1.3.4.2 Owner and Consultant shall endeavor to resolve claims, disputes and other matters in question between them by mediation vAieh, unless the pai4ies mutually agfee othef-Aise, shall be in aeeer-danee -Acith the Conswaetion Indus Meth"`'"" Rules of the Afneriean "_w_._. .... sseeiation __nd :.. _ff Request for mediation shall be filed in writing with the other party to this Agreementwith the Afnetiean Ar-bitratien Asseeiatien. The request may be made Y eefieu ._...., with the filing of a demand for ar-bitratieft but, in sueh event, and mediation shall proceed in advance of arbitration a legal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.43 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 Any elaim, dispute or other mat4er in quest -i -en eut ef or related te this Agmement shall be subjeet we afbitration. Prief to arbitration, the pai4ies shall endeaver- to reselve disputes by mediatien in aeeerdanee with Paragraph 134 1.3.5.2 Claims, disputes and other mattefs in question between the pai4ies that af;e not reseked by fflediatien shall be deeided by arbilfatien whieh, unless the paoies mutually agree etheFwise, shall be in aeeer-danee with the Censtmetion industry Arbitre4ien Rules of the Afneriean Arbitration asseeiation euFfently in eff-eet. The defoand for arbitfation shall b filed in vAiting with the ether- part), to this Agfeement and with the Atnefiean Ar-bifmtien Asseeiatien. 1.3.5i A demand for- ar-bitfMien shall be made within a reasonable time after the elaim, dispute or- ethef: matter has arisen. in no event shall the demand for arbitration be fnade after- the da4e when institution of legal er e�ttitable pr-eeeedings based on sueh elaim, dispute or- adier matteF in question would be bamed by the applieable statute o limitations. ether matter in questien not deser-ibed ift the %,iitten eensetif or with a per-son eF entity net Fiamed er- deser-ibed ther-eift. Th fefegeing agreement te arbitrate and other- agfeements te arbitfute with an additional perseft er eatity duly eenseated te by to this Agr-eement shall he speeifieally enfereeable in aeeerdaftee with applieable !a%, ift any eeuFt havi" jufisdietien thereefi 1.3.5.5 The award rendered by the arbitrator- er- afbitfatem shall be final, and judgment may be entered upon it in eeeer-danee 1.3.5.1 Owner and Consultant hereby expressly agree that no claims or disputes between Owner and Consultant arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Consultant and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the law of the te' �r r� pal pl e of businessF , Cunless etheFwiseonsultant; laws of the state of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, as modified between Owner and Contractor. 1.3.7.3 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 statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, Owner and Consultant waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, etiffent as of the date of this Agreement as modified between Owner and Contractor. Owner or Consultant, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Owner or Consultant. 1.3.7.6 Unless otherwise provided in this Agreement, Consultant and Consultant's subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 Consultant shall have the right to include photographic or artistic representations of the design of the Project among Consultant's promotional and professional materials. Consultant shall be given reasonable access to the completed Project to make such representations. However, Consultant's materials shall not include Owner's confidential or proprietary information if Owner has previously advised Consultant in writing of the specific information considered by Owner to be confidential or proprietary. Owner shall provide professional credit for Consultant in Owner's promotional materials for the Project. 0 1.3.7.8 If Owner requests Consultant to execute certificates, the proposed language of such certificates shall be submitted to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 Owner and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Consultant shall assign this Agreement without the written consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If Owner fails to make payments to Consultant in accordance with this Agreement, such failure shah 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 seven 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 due prior to suspension. and expenses ineuffed in the iien and ptio. of !`,..,.,haat'. seniees. 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 $1,005,630.00 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, 1.3.8.2 if the Prejeet is suspended by Oymer for fnere than thirty (30) eenseeutive days, Consultant shall be eentpensate for seniees peff;afined prior to notiee of sueh suspension. When the Projeet is fesumed, Consultant shall be eampensated for- expenses ineurred in the intefmptien and r-esumption of Consultant's seniees. Gonsultant's fees for- the r . and the time sehedules shall he equitably adjusted. 1.3.8.3 If the Project is suspended or Consultant's services are suspended for more than ninety (90) consecutive days, Consultant may terminate this Agreement by giving not less than seven (7) days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven (7) 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. 1.3.8.5 This Agreement may be terminated by Owner upon not less than seven (7) days' written notice to Consultant for Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of Consultant, Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. and all Tefmi natio;, Expenses as defined in Subpafagraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which Consultant is not otherwise compensated. plus an amount for Consultant's ied profit on the value of the sa-viees not peFfbi:med by Consultant 1.3.8.8 In connection with the work outlined in this Agreement it is agreed and fully understood by Consultant that Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience of Owner, upon seven (7) days' written notice to Consultant with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease Consultant shall invoice Owner for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits 1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pay for any work which is unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this Agreement. Owner shall not be required to make any payments to Consultant when Consultant is in default under this 10 contract, nor shall this section constitute a waiver of any right, at law or at equity. which Owner may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of Consultant's statement for services. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which Consultant has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses, in an amount not to exceed $35,000.00, are in addition to compensation for Consultant's services and include expenses incurred by Consultant and Consultant's employees and consultants directly related to the Project, as identified in the following Clauses: .1 Transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 Fees paid for seewing approval ef authorities ha,,ingjur-isdietien e-,,er the P j .3 Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 Expense of evet4imewefl( requiring higher than r-egular rates if atither-ized in ad-,enee by Owner-, .5 Renderings, models and fneek ups requested by Owner; .6 Expense of professional liability insur-anee dedieated exelusively to this Projeet or e*pense of additional insur-afie-e .7 Reimbursable expenses as designated in Paragraph 1.5.5.; .8 Other similar direct Project related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of all expenses related to this Project shall be available to Owner or Owner's authorized representative at mutually convenient times. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed below. 1.4.1.1 "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." 1.4.1.2 Other documents as follows: (List other documents, if any, forming part of the Agreement) "Supplemental Agreement No V supplementing "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." 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: The Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) Drovides that it is a violation of the ADA/TAS to design and construct a facility for first occupancy later than January 26 1993 that does not meet the accessibility and usability requirements of the ADA/TAS except where an entity can demonstrate that it is structurally impractical to meet such requirements. Consultant will use its reasonable professional efforts to interpret awlicable ADA/TAS requirements and other federal, state and local laws rules codes ordinances and regulations as they apply to the Proiect. 11 ARTICLE 1.5 COMPENSATION 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 $1.005,630.00, plus authorized reimbursable expenses in an amount not to exceed $35,000.00, which sum shall include such items as travel copies, reproductions, presentations, tel hep one, postal or courier services and other similar expenses 1.5.2 If the services of Consultant are changed as described in Subparagraph 1.3.3.1, Consultant's compensation shall be adjusted. Such adjustment shall be calculated as described below of, :c no ethod of adjustment is indieated in this Paragraph 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classifv employees, ifrequired. Identify specific services to which particular methods of compensation apply) 1.53 For a Change in Services of Consultant's subconsultants, compensation shall be computed as a multiple of one (l. 00) times the amounts billed to Consultant for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.00) times the expenses incurred by Consultant, and Consultant's employees and subconsultants. 1.5.5 Other Reimbursable Expenses, if any, areas follows: 1.5.6 The rates and multiples for sen,iees of Censultant and Consultant's subeensultants as set fet4h in this 6.gfeemen shall be adjusted in oeeordanee with their Hefmal salaf�, review praetiees. 1.5.7 An initial payment of Zero and No/ 100 Dollars ($00.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. . Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thi 30 days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act whichever is later. Non -disputed amounts unpaid six 60 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 Consultant. (Insert rate of interest agreed upon.) One percent (I %)per month (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Consultant's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) This Agreement entered into as of the day and year first written above. OWNER: CITY OF ROUND ROCK, TEXAS By: Nyle Maxwell, Mayor CONSULTANT: SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: Victor W. Baxter, Vice President 12 ATTEST: By: Christine R. Martinez, City Secretary FOR CITY, APPROVED AS TO FORM: By: Stephan L. Sheets, City Attorney 13 SUPPLEMENTAL AGREEMENT NO. 1 THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This document is entitled Supplemental Agreement No. 1, and it supplements "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." for the following Project: Professional planning and design services (including but not limited to base map and surveying, site planning, design development, construction documents, bidding, construction administration, and related services) associated with the development of a portion of Old Settlers Park, said proposed development to include redevelopment of twenty existing ballfields, ten new lighted softball fields, one new tennis pro shop/restroom facility, and related site developments. all as are more specifically identified and described in the accompanying "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.". This Supplemental Agreement No. 1 is made and entered into as of the day of , 2006, and is by and between the same parties, those being the CITY OF ROUND ROCK, a home -rule municipal corporation of Williamson County, Texas (hereinafter referred to as "City" and/or "Owner") and SCHRICKEL, ROLLINS AND ASSOCIATES, INC., with offices located at 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City intends to design and construct the Project described in the accompanying Agreement. Consultant's services are desired under this Supplemental Agreement No. 1 for purposes as recited therein. Total compensation for Consultant's services under this Supplemental Agreement No. 1 is as recited therein. WHEREAS, City desires to contract with Consultant for provision of the therein - described services in connection with the Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or will budget therefor; and WHEREAS, Consultant has agreed to provide such professional services for the compensation delineated therein; 00106793/jkg NOW, THEREFORE, City and Consultant, in consideration of the terms, covenants and conditions contained in the accompanying Agreement that this document supplements, and the terms, covenants, and conditions contained herein, do hereby contract as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.01 Scope. Consultant, as an independent contractor and professional consultant in its relationship with City, shall perform all professional services for the Project as set forth in the referenced documents. 1.02 Compensation. City shall compensate Consultant for the following Scope of Work Services: See Exhibit "B" attached hereto and incorporated herein by reference for all appropriate purposes. City shall compensate Consultant for the recited Scope of Services in accordance with the following Fee Schedule: See Exhibit "D" attached hereto and incorporated herein by reference for all appropriate purposes. 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 $1,005,630.00, plus Reimbursable Expenses up to 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. ARTICLE II CONSULTANT'S SERVICES 2.01 Consultant's Services consist generally of the services described in the referenced and attached Exhibit `B," and include all services as may be necessary to assist City in the design of the Project, within the limits City has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Agreement for all purposes. Consultant agrees that, upon execution of this Agreement, it will submit to City within ten (10) days a list of all additional subconsultants it intends to utilize, not previously identified, delineating their respective tasks. All of Consultant's subconsultants shall be subject to the approval of City, and City reserves the right to reject any consultant. Consultant shall perform all work hereunder in a manner satisfactory and acceptable to City. A Performance Schedule shall be agreed to by Consultant and City, and Consultant agrees to use best professional efforts to complete all services hereunder in accordance with such Performance Schedule. 2.02 Required Phases. Consultant shall provide the following phase services: (A) Base Map and Surveying (B) Site Planning Phase (C) Design Development Phase (D) Construction Documents Phase (E) Bidding Phase (F) Contract Administration Phase (G) Other Related Services (as a part of Basic Services) See Exhibit `B" attached hereto and incorporated herein by reference for all appropriate purposes, such Exhibit "B" delineating the Scope of Services to be performed by Consultant. 2.03 Additional Services. Consultant shall perform Additional Services, only as requested by City, after a not -to -exceed amount has been mutually agreed upon in writing by the Director and Consultant. Where City Council authorization is required, Consultant shall not proceed until the appropriate document for such Additional Services has been adopted. The following services are not covered under Article II, which defines and outlines Consultant's Services and Required Phases. If any of these Additional Services are authorized in writing by City in advance of their performance, they shall be paid for in the manner agreed to at the time of authorization. (1) Preparing Change Orders and supporting data and/or revising previously approved plans when the changes in approved Plans and Specifications are required by City, unforeseen circumstances due to hidden or unknown conditions, or codes/ordinances or other legal requirements which may come into effect during the course of the Project. If changes are required to be made because of error, oversight, clarification, discrepancy, or budget overruns in the work of Consultant, City shall not be liable to compensate Consultant for Additional Services or expenses in such connection. (2) Providing consultation concerning replacement of any Project work damaged by fire or other cause during construction, and furnishing professional services as required in connection with the replacement of such work, unless damage was the result of Consultant's error. (3) Providing other extraordinary professional services over and above the Contract requirements, where required and requested by City, including extraordinary professional services which might result if the City decides to "fast-track" the Project. ARTICLE III CITY'S RESPONSIBILITIES 3.01 Full information. City shall provide full information regarding requirements for the Project. 3.02 Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render 3 decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. 3.03 Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other laboratory tests, reports and inspections as required by law or the Contract Documents. 3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by City and are not to be included by Consultant in the specifications for the Project. 3.05 Miscellaneous items. City will also provide Consultant with such items as the Project Facility Program; two (2) copies of the City of Round Rock General and Supplementary General Conditions for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may be necessary and practicable for the orderly and expeditious process of the work and the awarding of the Construction Contract. To the extent practicable, these documents shall be utilized in the preparation of the Construction Documents. ARTICLE IV PAYMENTS TO CONSULTANT 4.01 Scope of Services. Payments hereunder shall not exceed the following: Scope of Services $ 1,005,630.00 Reimbursables (not to exceed) $_ 35,000.00 Total $ 1,040,630.00 4.02 Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors. 4.03 Additions. No additions shall be made to Consultant's compensation based upon Project construction claims, whether paid by City or denied. 4.04 Abandonment. If any work designed or specified by Consultant during any phase or subphase is abandoned or suspended, in whole or in part, Consultant is to be paid for services performed prior to receipt of written notice from City of such abandonment or suspension. 4.05 Invoices. Consultant's invoices to City shall provide complete information and documentation to substantiate Consultant's charges, and shall be in a form to be specified by City. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should 4 additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. 4.06 Payment of Invoices. 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 the same to meet the requirements of the Agreement. Following approval of invoices, City will endeavor to pay Consultant promptly, but not later than the time period required under the Texas Prompt Payment Act; however, under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. 4.07 Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 4.08 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and Additional Services and include actual expenditures made by Consultant, its employees, or its subconsultants in the interest of the Project for the incidental expenses set forth below. Such expenses must be authorized by City in advance. An allowance for Reimbursable Expenses not to exceed $35,000.00 is established as a condition of this contract. When authorized in advance by City, the following shall be reimbursable: reasonable transportation and expenses of principals and employees when traveling in connection with the Project outside of Williamson County, Texas, essential long distance calls, fees paid for the securing of approval of authorities having jurisdiction over the Project, postage, and reproduction of Drawings and Specifications, excluding copies for Consultant's office use and the required number of sets at each phase of the work for City's review. ARTICLE V CONSULTANT'S ACCOUNTING RECORDS 5.01 Accounting Records. Records of Consultant's expenses pertaining to the Project, and records of accounts between City and Consultant, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. ARTICLE VI TERMINATION AND DEFAULT 6.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon 5 receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. 6.02 Default. Nothing contained in Section 6.01 above shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. ARTICLE VII GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS; CONTRACT ADMINISTRATION 7.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary General Conditions to AIA Document A201, "General Conditions of the Contract for Construction," are to be used by Consultant without modification; however, City may, upon prior consultation, approve of any changes that may be necessary for specific cases or instances. Any special conditions pertaining to the Project that are approved by City will be included under the Special Conditions portion of the Construction Documents. 7.02 Contract Administration. This Agreement shall be administered on behalf of City by its Designated Representatives, and Consultant shall fully comply with any and all instructions from City. Any dispute arising hereunder shall be submitted to City, whose decision in the matter shall be final and binding. ARTICLE VIII RESPONSIBILITY FOR WORK. INDEMNIFICATION AND INSURANCE 8.01 Consultant's Responsibility for Work. Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Consultant, its employees, subcontractors, agents and consultants. 8.02 Indemnification (Damage Claims). Consultant agrees, to the fullest extent permitted by law, to indemnify and hold City, its officers, agents and employees, harmless from any damage, liability or cost (including reasonable attorneys' fees) to the extent caused by Consultant's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its subconsultants or anyone for whom Consultant is legally liable. 0 Owner agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its officers, agents and employees, harmless from any damage, liability or cost (including reasonable attorneys' fees) to the extent caused by Owner's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its contractors, subcontractors or consultants or anyone for whom Owner is legally liable, and arising from the Project the subject of this Agreement. 8.03 Indemnification (Patent and Copyright Claims). Consultant agrees to completely defend and indemnify City, its officers, agents and employees, against a claim that any of the Designs, Plans or Specifications prepared by Consultant, its employees, associates or subconsultants pursuant to this Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily. Consultant shall pay any and all resulting costs, damages and attorney's fees finally awarded, provided that: (1) City promptly notifies Consultant in writing of the claim; and (2) Consultant has sole control of the defense and all related settlement negotiations. (a) If Consultant defends City against such claims, the City Attorney shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Consultant on City's behalf. (b) Consultant's defense and indemnification under this section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Consultant's opinion are likely to become, the subject of such a claim, City will permit Consultant, at Consultant's option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non -infringing; and if neither of the foregoing alternatives is available on terms which are reasonable in Consultant's judgment, City, to the extent City is legally able to do so, will cease using the designs, plans or specifications on written request of Consultant, in which instance City has the sole option to either require Consultant to perform new design work at Consultant's sole expense, or to terminate this Agreement. (c) Consultant has no liability under this section for any claim of infringement based upon the modification or alteration of the designs, plans or specifications prepared under this Agreement subsequent to the Project by City, or by any engineering consultant subsequently employed by City. (d) The foregoing states the entire obligation of Consultant with respect to infringement of patents and copyrights. The indemnification and defense provisions as set forth in this Section 8.03 shall not apply to products or materials which City has required that Consultant include in any of the Designs, 7 Plans and Specifications, or which are substituted by Contractor or any of his subcontractors during the Construction Phase of the Contract. 8.04 Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of Two Million Dollars ($2,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. 8.05 Insurance Policy Endorsements. Each insurance policy under paragraph 8.04 shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of any nature. 8.06 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as attached hereto and entitled "Certificates of Insurance." ARTICLE IX COMPLIANCE WITH LAWS CHARTER AND ORDINANCES ETC. 9.01 Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall 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 all 8 local, State and National boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 9.02 Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE X TERM 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 for twenty- four (24) months from the date of execution hereof. 10.02 Project Performance Schedule. (1) Time of completion of the services referenced herein shall be as follows: Completion of services not later than twenty-four (24) months from date of execution hereof. Nothing recited herein shall be construed to prevent the negotiated renewal and/or extension of this Agreement by express written agreement of the parties. (2) Consultant understands that the Project Performance Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein, so that construction of the Project will be commenced as scheduled. In this regard, Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish services required under this Agreement in a professional manner. ARTICLE XI FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY 11.01 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 for the construction of the Project. 11.02 Confidentiality. Consultant's reports, evaluations, designs, drawings, data, and all other documentation and work developed by Consultant hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of City's Director. ARTICLE XII GENERAL PROVISIONS 12.01 Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within 9 the agreed Project Performance Schedule may constitute a material breach of this Agreement. Consultant shall be responsible for its delays or for failures to use professional 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 waiver of any of City's additional legal rights or remedies. 12.02 Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 12.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Consultant shall not assign, sublet or transfer any interest herein without City's prior written authorization 12.04 Amendments. This Agreement, representing the entire agreement between the parties, may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, 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 the State of Texas. 12.06 Notices. All notices and correspondence to City by Consultant shall be mailed or delivered as follows: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 All notices and correspondence from City to Consultant shall be mailed or delivered to Consultant: Victor W. Baxter, Vice President Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by the person duly authorized to execute the same in its behalf, and Schrickel, Rollins and Associates, Inc., signing by and through its duly authorized representative, 10 thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Agreement. CITY OF ROUND ROCK ATTEST: Nyle Maxwell, Mayor Christine R. Martinez, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney SCHRICKEL, ROLLINS AND ASSOCIATES, INC. Victor W. Baxter, Vice President 11 4W flAW IF bi EXHIBIT 8 SCOPE OF SERVICES TO BE PERFORMED BY CONSULTANT CITY OF ROUND ROCK Old Settlers Park at Palm Valley Sports Complex Improvement Project SUMMARY OF PROJECT A. This project consists of Site Planning, Design Development, Construction Documents, and Construction Administration for the development of a portion of Old Settlers Park. The proposed development will include redevelopment of twenty ballfields, plus ten new lighted softball fields, a new tennis pro shop/restroom facility and related site developments, B. The Consultant shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies. Services include, but are not limited to, professional consultation and advice and furnishing civil, structural, mechanical, and electrical engineering services, surveying; architectural; landscape architectural services; and sports turf design. C. The project budget for the Park Development including Professional Services, to which the [Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Consultant, will not exceed the sum of S13,160,000, including fees for professional services and expenses unless amended by the City. D_ For purposes of this Service Agreement and its Exhibits, the term "Engineer," where appropriate, shall be interchangeable with the terms `Landscape Architect" or "Architect" or "Consultant~' Schrickel, Rollins and Associates, Inc., is d firm composed of practicing Planners, Registered Engineers, Registered Architects, and Registered Landscape Architects. The firm does not represent itself solely as an engineer nor solely as a practitioner of landscape architecture or architecture as defined in theapplicable State of Texas registration laws. The following consumer information is required by the Landscape Architects Registration Law, Article 249c, VTCS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed underthe above named Act: Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107;. Austin, Texas 78758-7589; (512) 458-4126. FART I - ELEMENTS A. The program of development shall include, but not be limited to, the following elements. It is understood that elements may be omitted in order to meet the project budget with approval by the City:. jklajor Improvements a. Girl's lighted softball complex (5 hells) including support facilities, restroom/concession buildings, bleacher areas, shade structures, parking, etc. b. Adult lighted softball complex (5 fields) including support facilities, restroom`concession buildings, bleacher areas, shade structures, parking, etc. Round Rock - Old Settlers mark Exhibit B Schrk W, Rom and Associates, Inc. 14511 Page 1 of 8 C Renovations to four (4) existing Sports Complexes (.20 fields). Existing fields and lighting will remain, public spectator areas will be redesigned. Five existing girl's softball fields will be converted to baseball. d. New restroorryconcession/pro shop for the Tennis Center. A small shade pavilion area will be included. e. Storm drainage,`detention Miscellaneous a. Removal of existing facilities b. Earthwork and grading C Security and pedestrian lighting d. Sports lighting on new fields. Existing fields will remain unchanged except new lamps will be installed by the City. e. Landscape plantings f. Site furnishings: bleachers, drinking fountains, filter receptacles, signage g. Erosion control h. Irrigation system i. Recreational trails j. Storageimaintenance facilities. One central maintenance complex will be located on the site along with small maintenance/storage areas at each complex. k. ADA evaluation of existing buildings and modifications if necessary. 1. Shaded bleacher areas M. Parking lot redesign at existing southwest complex. 3, Utilities a. Server connections b. Water service C. Electrical distribution and controls d. Telephone service e. Maxicom irrigation control PART If - BALE MAP AND SURVEYING A. While existing base information would be sufficient for overall planning, it is not sufficient for detailed design and preparation of construction drawings for improvements on site_ A new topographic survey of the existing areas within the project limits will be required. The survey will identify one foot contours, existing facilities, utilities and trees with 3" or greater caliper, boundary lines, and adjacent public streets and utilities (boundary survey to be supplied by the Owner). PART 111 - SITE PLANNING PHASE A. General. The City has established the program elements and a Master Plan for the entire park. This phase will serve as a continuation of that effort, The City is aware that the program elements may change through the site planning process. However, it is the City's intent that the Consultant have the flexibility and creativity to provide Round Rack - Old Settlers Park E�chittit B 5chrrckef, Rofns and Associates; Inc. 14511 Page 2 of S as many Of the Program elements as possible. The City shall cooperate with the Consultant to achieve a final program based on conceptual design that meets the project budget. Sery . Consultant will provide/perform the following Site Planning Phase Services: Conduct reconnaissance of the site and prepare graphics of findings. 2. Analyze the capabilities and limitations of the site and prepare descriptive graphics in a study of development feasibility. 3. Conduct work sessions with City"s staff to review a Program of Development and existing Master Plan for the site w-hich includes the 'Elements' referenced above. 4, Conduct a one -day tour of similar complexes in the Dallas -Fort Worth area with representatives of the City. 5. Prepare conceptual development plan alternatives in sketch form. 6. Present the most viable plan alternatives in a work session with the Staff for review and further development. The Consultant wilt provide alternatives as requested by the City until solution has been accepted by the City. Prepare a first draft of the site plan for staff review and revisions prior to public presentations, 8. Prepare general opinions of probable cost and recommendations for construction phasing. Increments of development will correspond to park budget plans. 9. Present the final draft Site Plan, opinions of probable cost and Phasing recommendations once to the city. 10. Upon final approval and authorization to proceed, make final revisions to the Site Plan. C. Prod The following products will be provided by the Consultant to the City in completion of the Site plan. 1. A refined line drawing of the final approved plan suitable for public display. A reproducible copy on a 24' x 36' sheet will be furnished to the City. 2. A colored rendering of the 24" x 36'. Site Plan mounted on a foam board. A brief report containing the Program of Development; description Of the Planning process, and other pertinent narrative. A digital file copy of the Site Plan in a format specified by the City. D. g: The Consultant will prepare for and attend up to a total of four (4) meetings with the slakeholders, sports associations, owners, and general Public for the Purpose Of reporting on progress ande One (1) of these meetings will be structured to gather public input oath ri, ng input:. P. Round Rode _,W SeMen; Park SdWiCk*I, ftffift and Amodates, Inc. EAU A 14511 Page 3 of 8 LvrmIWAFN 2. In addition to the above, the Landscape Architect will attend a total of six (6) meetings with staff, including kick-off meeting. (Other staff/Landscape Architect meetings may occur before or after board and commission meetings at no additional charge.) 3. The Consultant will present the Site Plan to the City Council in a workshop meeting. 4. Additional meetings may be scheduled with additional compensation to the Consultant, as mutually agreed to in writing in advance of any such meeting(s). 5, The City will be responsible for advertising all meetings, if needed. PART IV - DESIGN DEVELOPMENT PHASE A. Services. Consultant will provide/perform the following Design Development Phase, Services: Med upon the approved Master Planning Documents and adjustments authorized by the City in the program, schedule, or project design budget, the Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size, and characterof the Project with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shall include, but not be limited to, the following: (a) Plan views in appropriate scale Sections where appropriate (C) Floor plans and elevations where appropriate (d) Typical details (architectural and structural) (e) Preliminary mechanical schematic and design loads M Preliminary electrical schematic with design loads Coordinate with appropriate governmental authorities and provide information requested for compliance with applicable codes, ordinance; and laws. If necessary, make revisions necessary to obtain compliance or approval. 3. Submit five sets of the above plans and opinions of probable cost of construction to the City for review. 4. Meet with the City to discuss plans opinions of probable cost of construction. 5. Distribute the plans to local utility companies., if necessary, to obtain information regarding impacts to their facilities. Consider how impactts may affect the project cost. 6. The Consultant will prepare, for and attend one meeting with the sports associations to review the Design Development Documents. The Consultant will submit the Design Development Documents to the City of Round Rock DRC Committee for preliminary review. Round hock - Ureft-1 , ars Park Exhibit 8 Schrk", Ro" acrd Associates, Inc. U51i Page 4 of 8 lt� �Al . P WWA I d LIM LA—RT V - CONSTRUCTION DOCUMENTS PHASE - A. Services. Consultant will providelperform the following Construction Documents Phase Services: I All drawings and details will be produced in AutoCAD. All specifications will be produced in WordPerfect or Word. 2. Based upon the approved Design Development Documents and further adjustments in the scope of quality of the Project or in the project design budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. Construction Documents Phase deliverables shall include, but not be, limited to these contract documents: (a) Plan sheets MUStratiFIg plans, elevations, sections and details of construction. (b) Technical specifications. (c) Provide graphic products in electronic file format (pdO. (d) All electronic file transmittals shall be in CD -Rom format. 3. Landscape design shall comply with the City of Round Rock Landscape Ordinance. 4, If it is to the Owner's advantage,. Construction Documents will be prepared to allow bidding of two or more separate and distinct bid packages. 5. Review documents will be submitted to the City at 50%, 75% and 90% completion. 6. Construction documents shall be submitted to the City of Round Rock DRC Committee at the 90% completion stage, PART VI - BIDDING EYA.5t A. Services. Consultant will provide/perform, the following Bidding Phase Services. 1. Answer questions from Bidders and prepare addenda as necessary. 2. Review 'or -equal" submittals from contractor, 3. Attend pre-bid meeting, 4. Attend bid opening. 5. Assist the City in pre -qualification of bidders, 6, Assist the City staff in a pre -construction conference. T Plan distribution and printing shall be provided by Document Engine. Consultant shall provide original documents for reproduction. -Services of Document Engine shall be paid by the City. Round Roo - ZW_ Setters ExhibA B Schricke), Rollins and Associates, Inc, 14511 Page 5 of 8 MrAM MLI�PJW =I &MM PART VIII - CONTRACT A-DMINISTRATION PHASE A. Services. Consultant will provide/perform the following Construction Administration Phase Services: Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress. Site observation visits shall be provided for the purpose of ascertaining for the City that the kmork, is in substantial or general conformance with the contract documents and design intent. Generally, site observation visits will be made twice a month. (a) Should nonconforming or defective work be observed, the Consultant will endeavor to immediately inform the City's representative that conforming or remedial action is required. The number of site observation visits to be provided by a representative of the Consultant at times in the judgment of the City's representative appropriate to the works, or as otherwise requested'directed by the City, shall not exceed an aggregate total of 40 visits over the period of the Contractor's construction contract. =ci On-site meetings shall be approximately twice a month. k11) c Site observation visits provided by the Consultant as necessary to correct errors or omissions or to clarify ambiguities in the plans will not accrue against the visits described in Part VI - AAA) above. 2. Review shop drawings and other submittal information for the purpose of ascertaining conformance, with the design intent and construction docurnents. Provide the Owner a binder (two copies) of all product submittals and/or cut sheets used on the project. 3. Provide wrillen responses to request- for information or clarification. 4. Recommend change I -d. ge orders, f require a. Assist the City in conducting the substantial completion and final completion observations. B. Consultant's Status During Construction, Consultant will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto. Consultant will not be responsible for Contractor's failure to perform or furnish the work, in accordance with the construction documents. Consultant Mll not be responsible for any delays in the execution of the work caused by the Contractor. PART VIII - OTHER RELATED SERVICES A. Services. Consultant will provide the following related services/products as a part of basic services. - 1. Storm Water Pollution Prevention Plan (SWPPP), Services shall include preparation of the SWPPP document, Notice of intent, and one initial inspection of the construction site.. Continued monitoring and inspections shall be provided by the City or by others throughout the construction phase of the project. Record Drawings- Consultant will transfer information provided by the Contractor on his mark-ups after construction is complete to AutoCAD file format. Digital files will be provided to the City. Round Rock -Grid Settim Pa* Schrickel, Rollins anal Associates, inc.. ExWbit 8 14511 Page 6 of 8 L.*mf KA 3, Maintenance and Operations Plan. 4. 3-D Animation of the Design Development Phase design. PART IX - EXCLUSION A. The intent of this Scope. of Services, Exhibit 'A" is to include only the services specifically listed herein for this Project. Services specifically excluded from this scope of services include, but are riot necessarily limited to the following: I Preparation of Plats or Boundary Sumey documents. 1 2. Field surveying or production of related maps for purposes of determining off-site utility locations, or construction control and la1youL 3. Design of off-site utility services or drainage facilities to more than a distance of 100 feet from any boundary of the project site. 4. Environmental impact statements or assessments. 5. Traffic engineering reports or studies, 6. Hydraulics and hydrology, flood studies or floodplain reclamation plans. I Full-time or otherwise frequent and detailed inspection of the Contractor's works in progress. 8. Designs for trench safety. 9. Archaeological survey. 10. Quality control and testing services during construction. PART X - REMOU"A LE EXPENSES The City vvillreirnburse the consultant for the actual cost of the follcAving., 1. Printing and reproductions of Construction Documents. 2. Travel expenses. 3- Postageidelivery services. 4. Texas Department of Licensing and Regulation (TDLR) review and/or inspection fees. 5. Other permits. Round Rock - Old Settlers Park ExhM d Schrickel, Rollins and Associates, Inc. 1451i Page 7 of 8 PART XI - ADDITIONAL SERVICES The following services are not included in this Agreement but are available to the City upon written authorized approval and mutual agreement. A. If the budget is increased by more than ten I10%) 10%) or if the scope is increased beyond that listed previously, Professional Services required to include said changes shall be considered Additional Services, and compensation forthe Consultant's services shall be adjusted appropriately according to the magnitude of the change. All changes in service shall be agreed to in writing by both the City and the Consultant prior to any additional services being provided. Assistance by the Consultant to the City in the resolution of construction -contract disputes between the City and its contractor, or contract -related claims against the City, are not a pan of the scope of this proposal. However, such services may be provided as Additional Services, by separate agreement or amendment, as provided for herein, to this Agreement. Services related to easements, permitting, platting or re -platting required by the City or required by other governmental authorities for the construction of the Project, will be provided by the City, or provided by the Consultant by separate agreement or amendment, as provided for herein, to this Agreement.. D. Renderings, models or mock-ups requested by the Owner. E Cost estimating consulting services. AoUWd R** - OW Settlers Park SChrkW. RQUiris and Associates, Inc,, 14511 Page 8 of a EXHIBIT C PROPOSED SCHEDULE CITY OF ROUND ROCK Ofd Settlers Park at Palm Valley Sports Complex Improvement Project Stage rt Sen c_e s Cat days to Complete Authorization from City to Proceed with Project Geotechnical Investigation and Report Topographic Survey Site Planning Phase Design Development. Phase (DD) City Review of DD Construction Documents Phase (CD) 50% Submittal 90% Submittal Final Review Submittal for Building Permit Corrections after Permit Review Bidding Phase Recreation Facilities Package Send documents to Printer Printing Advertisement for Bids .Advertisement for Bids Bid Opening City Council Meeting to Approve Bids Ciq, Approve and Execute Contract 00 60 4, 41 v.'ect;s to Prolecrcd Date complete November 23, 2006 January 22, 2007 B January 22, 2007 6 January 7, 2007 6 February 21, 2€ 07 1 February 23, 21X37 45 6 April 14, 2007 45 6 May 29, 2007 21 3 June 19, 2007 t June 26, 2007 June 27, 2007 3 0.5 June 30, 200: 6 1 July 6, 2007 f 1 July 13, 2007 33 4 August 2, 2007 30 4 September 1, 2007 Round Rock - Old Settlers Park ExhMit, G Schrickel, RoMns and Associates, Inc. 145 t i Page 1 of 1 LINE Pffli WWW 1110M EXHIBIT D FEE SCHEDULE CITY OFROUND ROCK Old Settlers Park atPalm Valley Sports Complex Improvement Project A� Basic Professional Planning and Design Services Site Plan 8 131'660 Design Development 8 114,690 Lontmc1Documeotsq $ 446'730 Bidding Administration $ 32'470 [ons^octiooAdministradmo $ 190'600 Total 906'230 B. Other Related Services i c S Llpvey KecordDmwinps Mainocnnocew"OpembnosPbo 3-D Animation 200 acres $ � S [ &,rnbLjrabb Expenses (Allowance not to exceed) $ 54,000 7,200 13,000 25,200 Round Rock - Old Settlers Park Exhibit D Schrickel, Rollins and Associates, Inc. 1451i Page I of I City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Proposed Schedule - One Construction Contract 1-1511 November 14, 2006 Stage of Services Authorization from City to Proceed with Project Geotechnical Investigation and Report Topographic Survey Site Planning Phase Design Development Phase (DD) City Review of DD Construction Documents Phase (CD) 50% Submittal 90% Submittal Final Review Submittal for Building Permit Corrections after Permit Review Bidding Phase Recreation Facilities Package Send documents to Printer Printing Advertisement for Bids Advertisement for Bids Bid Opening City Council Meeting to Approve Bids City Approve and Execute Contract Gat. days to Weeks to Complete complete Projected Date 3 0.5 November 23, 2006 60 8 January 22. 2007 60 8 January 22, 2007 45 6 January7, 2007 45 6 February 21, 2007 7 1 February 28, 2007 45 6 April 14, 2007 45 6 May 29, 2007 21 3 June 19, 2007 7 1 June 26, 2007 June 27, 2007 3 0.5 June 30, 2007 6 1 July 6, 2007 7 1 July 13, 2007 33 4 August 2, 2007 August 23, 2006 30 4 September 1, 2007 City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Summary of Professional Services 15511 November 14, 2006 Basic Services Site Planning S 131,660 Design Development S 114,690 Construction Documents $ 446,730 Bidding $ 22,470 Construction Administration $ 190,680 Subtotal S 906,230 Other Related Services Topographic Survey / Base Map S 54,000 3-D Animation S 25,200 Maintenance and Operations Plan S 13,000 Record Drawings S 7.200 Subtotal S 99,400 Total $ 1,005,630 3of17 11/15/2006 1:18 PM Schrickel Rollins and Associates, Inc. Round Rock Old Settlers Park Second Submittal.xls Summary C, C m 0 c iu v r an a `� � � c � •. .tea. z .s .s o y ,,, '_ c � �" y � � � R .$ � r � � �o'.� n a � •�.� � ,a � r � � p s N" a:� v =, s d � -a U C% Gi a XC c=•'�cz $az O_C0m�CD 2 tNi w c m A O - n ar.A rs G 0 Via, n c'. R A 4i ea G '�• j m fQn 3. =n mo m M s 3 u o �• n c c D a �ti a K XH q _c Q {; :7C Ci +� 5t�y:A to �':'O,. V.-�o rn C ca io a l C c co _ CL h n D X ] _ U - Jr- �, y fW :J W � � N A¢ W to O r H n M tf1 VY C!1 4'i H N H f!9 M H H H_ (p il# H H,. mry D _ H N A H r N N h` A 0Im O C G N a c o o = 0, 0, _ _.. .. _.. _. ..._.._..... yy 03 00 A W Co. w O ri N m G O m p v rnN m r- AmW z CA � H m V a C 0 > ¢ N H � Hm 3 d �QT;j Py 0 G .'9 co C; N:L7 O_G:f:N C�: ...'D O� .^.�:.h w tD O C. 0 A _+ a m A p z) Z A i*i x_ D,�. LY z Z Z A ? -j '9 m r mT c is 0 r - O n Sj Z r= v 5� al u •�-'_ x D.-�i D yy 1 z ti T C n L L7 L� -i D m 'i G O O m O 2 r Z< fu Qp~ tz k L� C n C 0 O GZ j Z z Z 2 D ` , O fi i} to < O .. D Z z Z >-` x a 3ti.. z I A'.} z 11 s N N N F:. z a o v nY r xppR 8 O O> n +mn-p ry.0 s. o D T pi fSs- rn. al � > O D > > N (TiGSa C COF 7 A n > �� UIQ R+ T GR a C:a 'JI f� O O p ;f• rp m C N N N F:. ti L NiSl .L yi n: F ti F Cu o D pi fSs- rn. al � o N (TiGSa C COF 7 A n UIQ R+ T GR a C:a 'JI O O m r Ll. vi � '� fs = 'a• -1 YY Sr w < N �: � , j a y � � � � t. � a a k` � C C a m �y m m -t I' �, m � _ T N -4 a < pC' S Qc � b � :F x= -� m C3 O �_ o h h �. � � � n Y -�- � 7 � 3 a � � r v � ✓ -; .. W = v c: � y G y 3 fi n mN y3y rr ILI O cc, rni v: b 2 c � a O �'d} y9 EAEA M... b ii7 V RaN.fJ7 f!/ H1 t!Y df thVi � OI h V O C' O ` o'c P o: ppp iT O'ic O G Gl o O cocoO D.0 D O C O.D-O G O O ZA' W N- o w 47 n R G i CO N.G N N GT'. hJ N N 4J w cc .G p .^.. O G X73 n 0 c o z G � O C Z N N: e' a A m; rn N O p:0 O O tfi 6J jy G Ln 0 Sri �+ N D. D O Q V; C3.0 Ndt�iOC Or.fjjN - V ftt La C7 W: D➢ N G7) \ TJ N O N N !:7 V. WtJ W W N W hY T,i Principal P.M. Senior LA LA II Architect Civil CAdd Clerx Description!Task Title Total pw{ls BIDDING PHASE EnNs. Tech Typist Man-hour 1'f.psre Notice to Gi(lders 1 Aashwl Hl Pip-rJuBk'riL`it CI Cf 1 1� r'le-Gid Cn.daranrs N 8 8 it pn^t>«mr nt+rrr8 $ 40 ovact;xs 2 16 12 12 l o nneno D d Opening 8 12 78 Evaluate,Gids e 6 a 0 8 4 d 24 Total Msn•heurs 8 14-7 Billing Rate 31 60 24 16 32 16 0 20 294 $130 $110 $85 $70 $85 $as $s5 _. Total Estinwted Lsbor Coats $d,330 $8,800 - $55 $2,040 $1,120 $2,720 $1,520 $0 $1,100 519,130 OTHER DIRECT COSTS(ODCs) Notes bv Subconsultants Grt 'Cost $ 2.790 Total SubcansultaSnts $ 2 790 Material Expenses Reprod:iciion PontagelDeiivery $ i QU Supplies Telephones.FAX $ Subtotal Material Expenses $ 100 Miscellaneous Expenses Travel Summary Hotel $ I Total Hours 147 Automobile $ _. 150 2.Total Labor Dollars ..5_ 19,13030 meals $ 200 3!Subconsuttants S 2.780 %scelleneoui; $ 100 4.Material Dollars § Subtotal Miscellaneous Expenses $ 5Miscellaneous Dollars 100 $ 100 $ 4$0 6 TOTAL BIDDING PHASE SERVICES S 22,470 Schrickel, Wilms Lind Associate.,, Inc. 6 of 17 111'1rr20,;f 1,18Ph1 Rawnd Rt,rk Old Settlers Park Second Submittal,X15 Basic Services lfZE#f±«I$7§■may!/!!&3{=) { &o 7I°2�^•&}«f\!07Za Em ` { \/% zz# x _ ! : &Q»_e__&� \jto to f/\ k ƒ/////ooco' f z 3 3\/)00 22222 \Ef7EE --/}\ ._` E3a>\g•. - \ $ 1Q" TABLE 1A City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Hourly Breakdown of Proposed Basic Services - BWM Group .s� Ncrvc-mber14.2006 Subconsultants Principal P.M. Senior LA Total Description / T"ask Title lilan-hour; SITE PLANNING PHASE c. lr n eeary 4 4 8 Race r.ssa-x of 9oe s le z"z} e n*d bditieS art£ir;��2^?!sss `� 16 _... 28 Te eolhore & FAx . S 16 Subtotal Material Expenses $ cevesoprnent -':all alternatm s _. 40.... 48.. 48 ... _ �. Srssitn4,Sl£e'i l; _8.. .. Iii i -!r,! & ,i �:te wart 2 24 8 34 Automi,*Ae _ $300 q..... ..... �.. 10 7p ni, r ble cos "'ai W_. 8l S 8 .Ih reYe1`:ti( 16. _16 S 32 :C'r U d e —d tau', Iate. UP tL 4 rlgl.ung 4 16 $ 20 --Wkonoa.dw maClirg5 f4} �. 16 16 12 v;her r:u-r.tt ,gs w+tn Stan {37 12 12 24 preparawxz ut tligRar ptesuix.rC4xi d prap, cs u' r-ffientalltxrs 36 8 t; 36 i'ub t kleeanr- prese wfon to cry c,unut - 8 8 _ _.. 16 Subtotal Man-hours 190 214 56 444 Biding Rata $150 $135$120 Subtotal Labor costs $28,500 $28,890 E6,720 $64.110 Subconsultants :Jost To Subconsultants 'Material Expenses - t2eixtrrlut:aor. - g _ Supplies __..... . Te eolhore & FAx . S Subtotal Material Expenses $ Miscellaneous Expenses _ _ Summary Travel 1. Total Hours 44-1 Noted $ 2. Total Labor Dollars - S 64,111) Automi,*Ae _ $300 3.S ub consultants ..... �.. "Heats ..._. W_. 4. Material Dollars. .. _.... S _ r t+sea ar eous $ 5. Miscellaneous Dollars S 300 Subtotal Miscellaneous Expenses E 300 1 6 TOTAL SITE PLANNING SERVICES $ 64,410 OTHER DIRECT COSTS (ODCs) Principal Notes P.M. Senior LA Total Subconsultants Cost Man-hours BIDDING PHASE Man-hours CONSTRUCTION DOCUMENTS PHASE Total Subconsultants S PLANTING FLAN AND DETAILS _ _. _ _ Material Expenses 8 24 38 _..... S'7E DUAILs Reprodurim.- 8.32 0.... 40 2 _. posiajC70ellVe 3 y. 24. 28 Supplies VY 614 4 LA_ Te.3phone 8 FAX ;..... _.tib.; REVEvv _.... ... 1 Subtotal Material Expenses `8 $2,790 zUAL ITY CONTROL _. _ Miscellaneous Expenses 16 Summary Ci do at=,,.wIhptx-ne. Travel y 1. Total Hours ......_ 28 t:.y t''tr'i S 2. Total Labor Dollars 24 19.050 ".utcmaaiie _ S 200 - 3. Subconsultants 5 - .Meals S - 4. Material Dollars S - '.': scenanet us S 5. Miscellaneous DollarsS Subtotal Man-hou s 201). Subtotal Miscellaneous Expenses $ 200 6 TOTAL DESIGN DEVELOPMENT SERVICES $ 19 250 Principal Principal P.M. Senior LA Total Description! Task Title Man-hours BIDDING PHASE Man-hours CONSTRUCTION DOCUMENTS PHASE D Assa;st . Pre-OuaKit ntxxt of &Oders 1Eaaiva% PLANTING FLAN AND DETAILS _ _. _ _ b 8 24 38 _..... S'7E DUAILs 8.32 0.... 40 2 _. sit,R!�wP:a.. _...... y. 24. 28 12 VY 614 4 LA_ 28 $150 -. .. _.tib.; REVEvv _.... ... 1 ., _... 24 `8 $2,790 zUAL ITY CONTROL _. _ 8 16 24 Ci do at=,,.wIhptx-ne. 4._ _.. 24_ ......_ 28 Srw do alions 24 24 OGnl.xr of PtaDable Cost Compare a"e, CG!4trAEt _ _ 16 .. .. 6 RL.,c.N Fneoti-as Mvih CaY 8 24 32 Subtotal Man-hou s _ d6 216 24 286 Billing Rate _... , -. __ 51SD _ _._,___ ._ $135 $120 Subtotal Labor Costs $6,900 $29,160 $2,880 S3$.940 OTHER DIRECT COSTS (ODCs) Nates Subconsultants :cs: S S S - S 'S - S Total Subconsultants S Material Expenses Repnxiuc+.ion S _ Postage"Dein'" Supplies , S_. _. Summary Te:e;phone & FAX Subtotal Material Expenses j Miscellaneous Expenses Traver 1. Total Hours 286 ie� 5 2. Total Labor Dollars !. wtttabile 3. Subconsultants S Meals S 4. Material Dollars 4tisceltaneous_ S _........ 5. Miscellaneous Dollars .._. $ Subtotal Miscellaneous Expenses $ 6 TOTAL CONTRACT DOCUMENTS SERVICES $ 38,940 Principal P.M. Total Description I Task Title Man-hours BIDDING PHASE P,wmre Notate to Bidifefs _..... D Assa;st . Pre-OuaKit ntxxt of &Oders 1Eaaiva% _._ _... Pre.iFw Canterence _ .. _..... 4 - 4 _.... _..... Rospond to acmrnonts (.ant Can!ractors _..... 0.... A;1-18,e:yen,r.4 .._. 2 _. Z Skis 8 12 Total Man-hours. _. 614 2d aii6ng Rate $150 -. .. $135 -.. _.... Total Estimated Labor Costa $900 $1,890 $2,790 OTHER DIRECT COSTS (ODCs) Subtonsultants BWM Total Subconsultants Cost S $ Notes Material Expenses Subeansuitants Cost . Site Planning S 64,4 10 Prrstagi *Jelnery $ _ S Design Development supphes $ _ S Telephone 8 FAX S Subtotal Material Expenses $ 2,7 Miscellaneous Expenses _ _ S Summary S 125.390 Traver Total Subconsultants 1. Total Hours _ . 12 Holet 2. Total Labor Dollars S 2,790 Autornotdle S - 3. ,Subconsuitants - .....� Mews $ 4. Material Dollars g '�tisceitaneous $ - S. Miscellaneous Dollars Subtotal Miscellaneous Expenses S 6 TOTAL BIDDING PHASE SERVICES $ 2.790 BASIC SERVICES SUMMARY OTHERIRECT COSTS (ODCs) Notes Subeansuitants Cost . Site Planning S 64,4 10 S Design Development S 19.250 S Contract Documents S 08,940 5 Bidding 2,7 _ S Twat S 125.390 Total Subconsultants $ Material Expenses ReprDduction PDsta fe1t3C'iPJGtY � _... Supplies _ $ Tc-feohone & FAx ...._. _. S Subtotal Material Expenses us Expenses Summary --- 1, Tota! Hours 8R3 S - - 2 Total Labor Dollars R, ; LA.u-.orroob.!e S 500 a. Subconsuttants S 4. Material Dollars 5. Miscellaneous Dollars S 500 cellaneous Expenses $ 500 6 TOTAL BASIC SERVICES S 125,390 -T-1 0 3 � �- ;- v - 0 -4 � S-92-1 9 2 --1 w tq Ooo cc c M 3o1 m 0 rz !LS , w Z3 FJ�c m .5, �n c > R Q c) cr m m a 0 41ft 0 x 0 m CL C A 0 114, 0 z 0 -T-1 0 3 � �- ;- v - 0 ;- � S-92-1 9 2 --1 w Ooo cc c M 3o1 C :L V) 0 FJ�c m 0 C a, — f < :2 0 C: CL R Q c) I c 0 z 0 41ft 0 CL 0 0 z 0 m lu 0 m -T-1 0 3 � �- ;- v - 0 ;- � S-92-1 9 2 --1 w 0 > M 3 C :L V) 0 FJ�c m 0 C a, — f < :2 0 C: CL R Q c) 0 z cr CL 0 lu eo cn o CL 0 0 41 CIL w M 0 4 .1 CD 1.2 IA to f4 to Q. U, CO Ch TABLE 2A City of Round Rock Old Settlers Park at Palm Valley Sports Complex improvement Project Hourly Breakdown of Proposed Construction Administration Services - BWM Group 1351, November 1a, 2046 Description{ Task Title _ _. Prig. P.M 4-A WI Total Man-hours CONSTRUCTION ADMINISTRATION $ _... tl(S;d3F-S . (assumes 18 rnonths construction time) _... .. $ .Subtotal Material Expenses 0 Pre-Ccn S'n1GtiOn LO`7terQn✓;e 4 4 8 Site Jisits (8ve,<a it, twU FG; nlDnih. 40 tn2alI 5 - 16,0 169 !dandling RFI's: contractor s_rbm-Wals, etc. $ - 2;9 219 Project Close-vul i2 sste v:sitsi 8 24 32 on-call site visits, meetings, and responses to c: 16 21, 0 226 Total Man-hours 28 608 636 Billing Rate $150 $135 Total Estimated labor Costs $4,200 $82,080 $86.280 HER DIRECT COSTS (ODCs) SubconsultantsCost S S S Total Subconsultants $ Material Expenses $- Renrc;tluc.'Ncn 5 .. aIfrelh[ $ _... tl(S;d3F-S . Talepha.:e & F:Ji _... .. $ .Subtotal Material Expenses $ - trave; $- _..-Total Hours Hu,ei $ _... 2. Total labor Dollars $ 86.289 Au4;rrv_±i»Ie $ 3. Subconsultants .. _ _ S Meas $ d. Mater€al Dollars M1szilaneays _ 5 - 5. M€scellaneous Dollars g Subtotal Miscellaneous .Expenses $ - 6_ TOTAECQNSTRUCTIQN ADMINISTRATION SERVICES $ 86,280 TABLE 3 City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Hourly Breakdown of Proposed Related Services 14',I i November 14,2006 Principal P.M. Sanity LA LA 111 Surve NscripUan 1 Tank Titie y Cart Cadd Clerk total BASE MAP AND TOPOGRAPHIC SURVEY Cnord Enpr Tech Typist Man-hou" Kit A r.meetouy Y to WN<F 1 ;WR 2 2 with surv�y,,i S Irrestig:,tiun of exsam uHfita - 4 4 Dalli,;q mse rnsp attar wce,vmc survey 8 - 8 4 20 12 12 Subtotal MA'Alours 2 2 Billing Rete 2 0 14 8 16 0 44 $130 8110 585 370 $85 595 $85 $5S JSubtotal Labar Costs $260 5220 $170 $o $1,190 5780 $1,040 $0 $3,840 OTHER DIRECT COSTS(ODCs) Subconsultants Notes Baker-Aiklen Cost Total Subconsultants $ 49.850 Material Expenses $ 49,850 Reprtxiuction Post¢^ge/DeUvary $ _ 250 Suppies $ Teleptlone 8 FAX $ Subtotal Material Expenses Miscellaneous Expensas 3 250 Travel Summary Hotel $ 260 1 Total Hours 44- AutomoWe 5 2 Total Labor Dollars 3,640 meals $ - 3 Subconsultants $ 4 Material Dollars $ 49.850 Miscellaneous - $ 254 Subtotal Miscellaneous Expenses $ 5(Miscellaneous Dollars 1 S 260260 Cr:TOTAL BASE MAP AND SURVEY SERVICES $ 54,000 Scllru:kel,Rollins and:Associates. Ille, 15 of 17 l Round Rock Old Settlers Park Second SUbrngtal,XiS Other Re tfxf Serjic s ,rr i ll7 7 +«4 R > - 0»�66® & »ERS\ +! . / (¥ 6� ,2 / 2 ,- ��.��-\. . rA z . c , 2: +«4 R > 0»�66® & »ERS\ 6� ,2 / 2 ,- ��.��-\. . City of hound Dock Old Settlers Park at Palm Vallev The note of BWM Croup B\VM Group will senxe vital toles on this project as the local point of contact, as a designer, and as an on-site representative during construction administration. Site Planning BXVN1 will facilitate all of the stakeholder rrreexings, and will gather public input. They wi!1 be the initial point of contact with the local public. They will coordinate with all of the city departments to ensure that all developmental requirements are incorporated inti the project. Their kno�vledge of the site and of the city will aid in development oi- concepts that are sensitive to local issues and needs. The will aid in preparation for digital and graphic presentations. Design Development BWNI will contribute to the design of the style ofthe park to ensure a genuine "Hill Country" look rind feel. They will contribute to the development of the planting palette and plan. They will continue to act as a liaison with local stakeholders. Construction Documents BWM will continue to assist in development of the planting design and details of amenities that reflect the style and linage of the facility. BWM will act as a coordinator with the City departments and assist in the review process. They will verify local construction costs for the opinion of probable cosh. kidding BL INI will attend the Pre -Bid Conference and the Bid Opening. They will assist in the evaluation of the bids. Construction Administration During the construction phase of the project, BWM will be the initial point of contact between the designs team and the, contractor. All conimunicati.ons and correspondence: will be routed through BWM. Two meetings per month will be held with the contractor. One will be attended by both SIVA and BIM to review status, pay requests, and designs issues. One will be attended by 1=3WM only to review progress. 11're-installation meetings wilI be held on-site with several critical trades and subcontractors. Both SRA and BWMI will attend these meetings along with other related subconsultants. «hen issues arise that demand immediate attention on-site, BWNI will respond as soon as possible_ 04 9 Lo, M rize EXHIBIT E CERTIFICATE OF LIABILITY INSURANCE CITY OF ROUND ROCK Old Settlers Park at Palm Valley Sports Complex Improvement Project Round Finck - Old Settlers Perk ExhibA E Schnckei, Rollins and Associates, Inc, 1451i Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER McLaughlin Brunson Insurance Agency, LL111 9535 Forest Lane, #118, Dallas, Texas 7-5243 IDSL RED SCIIRICKEL,ROLLISFS & ASSOCIATES, Ii -C. 1161 CORPORATE DRIVE W, #200 ARLINGTON, TX 76006 10/ 1712606 COMPANIES AFFORDING COVERAGE A XI, Specialty Insurance Company (A+ XV) Ut C LE THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance arid in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policle's, are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE A PRCIJFESSIOKU, LL-UHUT-1- DPR9416344 12/22,12005 12/22/2006 LIMITS S1,000.000 Per Claim/ 52,000,000 Aggregate DESCRIY110.11Z OF SPFCIAL 1-lE1\4,S!E,'XC1,J"F1ONS The claims made professional liability coverage is the total aggregate limit for all claims presented xvithin the policy period and is subject to a deductible, I Should any of the above described policies be cancelled or changed be&ire I tic expiation date thereof, the issuing, cornp,arly rn, i thirty (30) dais written notice, to the cert 1cale 'tied belo if holder de na CERTIFICATE HOLDER: Cm, of Rotaid Rock 221 1 _. Main Street Rotme RtxkJe\as 78664 athi: Chn-sune Martmez- City Secretary SIGIN ATURE OF AUTHORIZED REPRESENTATI VE TYF--j -\Narre'. LQE- A, BRYAN -r AGENT Rev',d 21,0103 - DATE: November 14, 2006 SUBJECT: City Council Meeting - November 21, 2006 ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute an agreement with Schrickel, Rollins and Associates, Inc. for Professional Planning and Design Services for the Old Settlers Park Sports Complex Improvement Project. Department: Parks and Recreation Department Staff Person: Rick Atkins, Parks and Recreation Director Justification: Design of the high priority items in the project: Sports Capital of Texas plan to create a top notch recreational and tourism facility for the City of Round Rock. The design will include a new 10 field softball complex, renovation of the existing 20 field baseball complex, and a new restroom / pro shop facility at the tennis complex. Funding: Cost: Source of funds Outside Resources: Background Information: Not to exceed $1,160,000 2006 Capital Spending Plan Schrickel, Rollins and Associates, Inc. Sports Capital of Texas Plan was developed in 2004 to plan for the necessary upgrades to our existing sports complexes, at Old Settlers Park at Palm Valley, to make them top notch recreational and tourism facilities. Public Comment: Numerous meetings and presentations with the Round Rock Athletic Commission and Youth Sports Associations have been held. EXECUTED DOCUMENT FOLLOWS 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. Based upon AIA Document B141 - 1997 1997 Edition - Electronic Format AGREEMENT made as of the JWP -4+ l 4 (aL) day of the month of /Y() �er in the year Two Thousand Six. (In words. indicate day, month and year) BETWEEN Consultant's client identified as Owner: (Name, address and other information) City of Round Rock 221 East Main Street Round Rock Williamson and Travis Counties, Texas, 78664 and Consultant: (Name, address and other information) Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 For the following Project: (Include detailed description of Project) Professional planning and design services (including but not limited to base map and surveying, site planning, design development construction documents bidding, construction administration, and related services) associated with the development of a portion of Old Settlers Park said proposed development to include redevelopment of twenty existing ballfields ten new lighted softball fields, one new tennis pro shop/restroom facility, and related site developments. Owner and Consultant agree as follows. ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions: Consultant shall furnish the aforementioned services, including but not limited to rendering professional consultation and advice and furnishing civil, structural, mechanical, and electrical engineering services: surveying services: Consultantural services, landscape Consultantural services: and sports turf design. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: This Project consists of planning and design services related to the development of a portion of Old Settlers Park, said proposed development to include redevelopment of twenty existing ballfields, ten new lighted softball fields, one new tennis pro shop/restroom facility, and related site developments. 1.1.2.2 The physical parameters are: The physical location of this Project is at Old Settlers Park, Round Rock, Texas. 00106749/jkg R-Dlo- II -ZI- IbEI 1.1.2.3 Owner's Program is: The program of development shall include but not be limited to the following elements. The parties agree that elements may be omitted by Owner in order to meet the Project budget. 1. Major Improvements a. Girls lighted softball complex (5 fields) including support facilities restroom/concession buildings bleacher areas, shade structures, parking, etc. b. Adult lighted softball complex (5 fields) including support facilities restroom/concession buildings, bleacher areas, shade structures, parking, etc. c. Renovations to four (4) existing Sports Complexes (20 fields). Existing fields and lighting will remain: public spectator areas will be redesigned Five (5) existing girls softball fields will be converted to baseball. d. New restroom/concession/pro shop for the Tennis Center including a small shade pavilion area. e. Storm drainage/detention. 2. Miscellaneous a. Removal of existing facilities. b. Earthwork and ,grading. c. Securily and pedestrian lighting_ d. Sports lighting on new fields Existing fields will remain unchanged except new lamps will be installed by Owner. e. Landscape plantings. f Site furnishings,• bleachers drinking fountains, litter receptacles, signage. g. Erosion control. h. Irrigation system. i. Recreational trails. j. Storage/maintenance facilities. One central maintenance complex will be located on the site along with small maintenance/storage areas at each complex. k. ADA evaluation of existing buildings and modifications if necessary. 1. Shaded bleacher areas. M-- Parking lot redesign at existing southwest complex. 3. Utilities a. Sewer connections. b. Water service. c. Electrical distribution and controls d. Telephone service. L. Maxicom irrigation control. 1.1.2.4 The legal parameters are: Not applicable. 1.1.2.5 The financial parameters are as follows: Amount of Owner's overall budget for the Project, including Consultant's compensation is: Approximately $13.160,000.00, including fees for professional services and d_expenses, unless otherwise amended by Owner. The Fee Schedule relative to this Agreement is as follows: A. Basic Professional Planning and Design Services Site Plan $ 131,660 Design Development $ 114,690 Contract Documents Bidding Administration Construction Administration TOTAL B. Other Related Services Topographic Survey (200 acres) Record Drawings Maintenance/Operations Plan 3-D Animation C. Reimbursable Expenses Allowance 446,730 22,470 $ 190,680 $ 906,230 54,000 $ 7,200 $ 13,000 $ 25,200 $ 35,000 (actual costs: not to exceed amount) 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling) Completion not later than twenty-four (24) months from date of execution of this Agreement. 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Professional services will be engaged by negotiated contract. General contractor for construction will be selected by statutorily -allowable delivery method. 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements) Not applicable. 1.13 PROJECT TEAM 1.13.1 Owner's Designated Representatives are: (List name, address and other information.) Larry Madsen Construction Manager, Public Works Department City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 David Buzzell Park Development Manager, Parks and Recreation Department City of Round Rock 301 West Bagdad Street, Suite 250 Round Rock, Texas 78864 1.13.2 The persons or entities, in addition to Owner's Designated Representatives, who are required to review Consultant's submittals to Owner are: (List name, address and other information) City Manager 221 East Main Street Round Rock, Texas 78664 1.13.3 Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) Not applicable. 1.1.3.4 Consultant's Designated Representative is: (List name, address and other information) Victor W. Baxter Vice President, Schrickel, Rollins and Associates, Inc. 1161 CoU2orate Drive West, Suite 200 Arlington, Texas 76006 1.1.3.5 The subconsultants retained at Consultant's expense are: (List discipline and, if known, identify them by name and address) BWM Group: Lead Local Firm/CACO Friberg Associates, Inc.: Mechanical/Electrical/Plumbing Don Illingworth and Associates, Inc.: Structural Engineering Baker-Aicklen & Associates, Inc.: Surveying Kleinfelder: Geotechnical Engineering James Pole Irrigation: Irrigation Turf Diagnostics and Design: Turf Marita Kay Hynes: Tournament Play Consultant Foda Studios: Graphics and Signage Sharp Landscapes: Maintenance/Operations 1.1.4 Other important initial information is Not annlicable. 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 eument as of the date of this ^ ^^~•^~' s f ll as modified between Owner and Contractor. 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. Beth pai4ies,h^�e that . eh in f .-,, alien ,. hang^ and in that event, Owner and Consultant shafl negetiate apprepfiate adjus"ents i� seahed-ule, eempensation and Change in Se-Vi-ses- in aeeer,danee with Pafagr-aph 1.3.3.. It is expressly agreed and understood by all parties that, as to services hereunder, the total sum of $1,005,630.00 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. Anv such Supplemental Agreement to this contract must be duly authorized by appropriate action of the City Manager or City Council. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 Owner and Consultant shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. Owner shall furnish to Consultant, within fifteen (15) days after receipt of a written request, information necessary and relevant for Consultant to evaluate, give notice of or enforce lien rights. II lu 1.2.2.2 Owner shall periedieally update the budget for- the Prejeet, Work. Oymer shall net b J Owner shall establish and periodically update the budget for the Proiect. 1.2.2.3 Owner's Designated Representatives identified in Paragraph 1.1.3 shall be authorized to act on Owner's behalf with respect to the Project. Owner or Owner's Designated Representatives shall render decisions in a timely manner pertaining to documents submitted by Consultant in order to avoid unreasonable delay in the orderly and sequential progress of Consultant's services. 1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize Consultant to furnish them as a Change in Services when such services are requested by Consultant and are reasonably required by the scope of the Project and are approved by Owner. 1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing. Owner shall furnish or pay for tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. 1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be reasonably necessary at any time for the Project to meet Owner's needs and interests. 1.2.2.7 Own Each party shall provide prompt written notice to the Consultant other if Owner either becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in Consultant's Instruments of Service. 1.2.2.8 Owner will furnish building permits without charge. Electrical plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by Owner and are not to be included by Consultant in the specifications for the Project. 1.2.2.9 Owner will provide Consultant with miscellaneous items such as the Project Facility Program, two (2) copies of the City of Round Rock General and Supplementary Conditions for Building Construction, Instructions to Bidders, Proposal Forms Wage Rates Contract and Bond Forms Bid Advertisement Form, and such other information and materials as may be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction contract To the extent practicable these documents shall be utilized in the preparation of the construction documents. 1.2.2.10 Owner will provide the following services to Consultant in the performance of the Project, upon request: A. Provide any existing data City has on file concerning the Project, if available. B. Provide any as -built plans for existing facilities, if available. C. Provide any as -built plans for existing water and sanitary sewer mains, if available. D. Assist Consultant as necessary, in obtaining any required data and information from local utility companies. E. Provide standard details and specifications in digital format. F. Assist Consultant by requiringappropriate utility companies to expose underground utilities within rights-of-way or easements, when required. G. Give prompt written notice to Consultant whenever City observes or otherwise becomes aware of any development that affects the scope or timing of Consultant's services. H. Secure the services of an independent geotechnical engineering company to investigate the engineering properties of the soils and to make recommendations on the design of building foundations, paving light pole foundations, shade structures, etc. I. Secure the services of an independent laboratory for Construction Phase Testing. 1.23 CONSULTANT 1.2.3.1 The services performed by Consultant, Consultant's employees and Consultant's subconsultants shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in supplemental documents, and in related documents. 1.23.2 Consultant's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. Consultant shall submit for Owner's approval a schedule for the performance of Consultant's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shell may be adjusted, if necessary and approved by Owner, as the Project proceeds. This schedule shall include allowances for periods of time required for Owner's review, for the performance of Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not, except for reasonable cause, be exceeded by Consultant or Owner. 1.233 Consultant's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on Consultant's behalf with respect to the Project. 1.2.3.4 Consultant shall maintain the confidentiality of information specifically designated as confidential by Owner, unless withholding such would violate the law, create the risk of significant harm to the public or prevent Consultant from establishing a claim or defense in an adjudicatory proceeding. Consultant shall require of Consultant's subconsultants similar agreements to maintain the confidentiality of information specifically designated as confidential by Owner. 1.23.5 Except with Owner's knowledge and consent, Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise Consultant's professional judgment with respect to this Project. 1.23.6 Consultant shall review laws, codes, and regulations applicable to Consultant's services. Consultant shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.23.7 Consultant shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by Owner. Oensultan Each party shall provide prompt written notice to the Oym other if Cell either becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 13 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to Owner of all elements of the Project designed or specified by Consultant. 1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by Owner and equipment designed, specified, selected or specially provided for by Consultant, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus e reasonable alle ' e for- a.e:« for Contractor's overhead and profit. la ..,1,,:.:,... a reasonable alle ....nee for eentinge..,.:o.. shall b ineluded fer- fnar-ket eendifiefts at the tifne f Midi d F ehanges in the 117,.«t. 1.3.13 The Cost of the Work does not include the compensation of Consultant and Consultant's subconsultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by Consultant and Consultant's subconsultants are Instruments of Service for use solely with respect to this Project. Consultant .d Consultant's eeftsultants shall be deeffied the authors and owners of their respeetive lastFuments of Se-RViete and- --AF-111 Fetai n eemmeft law, statutory and other reseyed rights inel .ding .........- ght Owner acknowledges Consultant's construction documents are instruments of professional service. Nevertheless the plans and specifications prepared under this Agreement shall become the property of Owner upon completion of the work and payment in full of all monies due to Consultant same to be used by Owner at its sole discretion. Until completion of construction, as to the particular Project for which the plans and specifications are designed Owner may not make any modifications to same without the express written authorization of Consultant However at any time after completion of construction, Owner may reuse or make any modifications to the plans and specifications without the prior written authorization of Consultant. Owner agrees, to the fullest extent permitted by law, to indemnify and hold Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees) arising out of any unauthorized reuse or modification of the construction documents by Owner or any person or entity that acquires or obtains the plans and specifications from or through Owner without the written authorization of Consultant. 1.3.2.2 Upon execution of this Agreement, Consultant grants to Owner a nen&(e'••^^"' keens permission to reproduce Consultant's Instruments of Service selely for purposes of constructing, using and maintaining the Project, provided that Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Consultant shall obtain similar nenexelusive lieenses permission from Consultant's subconsultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, Owner shall refrain from making further reproductions of Instruments of Service and shall return to Consultant within seven (7) days of termination all originals and reproductions in Owner's possession or control. If and upon the date Consultant defaults on this Agreement, peffniaing Owner is permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service selely for the purposes of completing, using and maintaining the Project. 1.3.2.3 Exeept for- the lieenses granted in Subparagr-aph 1.3.2.2, no ether- lieense ef fight shall be deemed granted of implied undef this Agfeement. Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any lieense permission granted herein to another party without the prior written agreement of Consultant. However, Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by lieensegrant in Subparagraph 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. not to be eenstfued as publieatien in derogation ef th reserved fights of C-ensultant and Consultant's eeftsultants. Owner shall fiet use the 1fistfuments of Sefyiee fef future additions alterationsthis D.... eet of etheF pfejeets, unless Owner ebtamins the prior "tten agfeement of Consultant Consultant's ,.,.. sultant.. Any unauthorized use of the Instruments of Service shall be at Owner's sole risk and without liability to Consultant and Consultant's subconsultants. 1.3.2.4 Prior to Consultant providing to Owner any Instruments of Service in electronic form or Owner providing to Consultant any electronic data for incorporation into the Instruments of Service, Owner and Consultant shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or l;eenses not otherwise provided in this Agreement. 1.3.2.5 All plans and drawings will be prepared and submitted by Consultant to Owner for approval on a minimum 24 - inch by 36 -inch or maximum 32 -inch by 42 -inch drafting sheet, with all lettering_ processed in ink or pencil and clearly legible when the sheets are reproduced and reduced to half size. 1.3.2.6 Upon completion of the construction of the Project, Consultant shall, within thirty (30) calendar days following final inspection deliver to Owner the reproducible Record Drawings and Record Specifications as described supplementally herein In addition Consultant shall submit originals of all documents listed under Section 1.3.2.1 modified to record conditions provided by the contractor. 1.3.2.7 Consultant shall have no liability for changes made to the drawings by other consultants subsequent to the completion of the Project Any such chafe shall be sealed by the consultant making that change and shall be appropriately marked to reflect what was changed or modified. 1.3.3 CHANGE IN SERVICES 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, if 1.3.3.2. in the absenee of mutual agfeement in %qifing, Gensultant shall netify OAiier prior- to pfeyiding s pehh sep.,iees. if Ovmer deems that all or a paA of sueh Change in SeFviees is not required, Owner shall gi,.,e prempt AT-itten netiee to Consultant, and Gensultant shall have no obligation to pfevide these sen,iees. E3ieept for- a ehange due to the fault of Consultant, Change in Serviees of Consultant shall entitle Consultant to an aElJustment i pursuant te Par-agWh 1.5.2, and to any Reimbur-sable Expenses desefibed in SHbpaFagfaph 1.3.9.2 and P It is expressly agreed and understood by all parties that, as to services hereunder, the total sum of $1,005,630.00 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 AgCi !y to this contract must be duly authorized by appropriate action of the City Manager or ty Council. 1.3.3.2 If any of the following circumstances affect Consultant's services for the Project, Consultant shall be entitled to an appropriate adjustment in Consultant's schedule and compensation. .1 Change in the instructions or approvals given by Owner that necessitate revisions in Instruments of Service; .2 Enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 Decisions of Owner not rendered in a timely manner; .4 Significant change in the Project including, but not limited to size, quality, complexity, Owner's schedule or budget, or procurement method; .5 Failure of performance on the part of Owner or Owner's consultants or contractors; .6 Preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where Consultant is a party thereto; .7 Change in the information contained in Article 1.1. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation . If such matter relates to or is the subject of a lien arising out of Consultant's services, Consultant may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation of -by er-bitfatiefr. 1.3.4.2 Owner and Consultant shall endeavor to resolve claims, disputes and other matters in question between them by mediation unless the paAies inuttially agree othei=wise, shall be ift ftee-AMFIAOe with the Censtmetion lndusti�, Mediation t• Rul„ fthe A A�bitr • A :..tion ently in eff Request for mediation shall be filed in writing rra-�c�sivFi--iccncsvrcrrvziixrci-rcairzavr�. at;vrc � cSSBo......... �.....,.. with the other party to this Agreement and with the Ameffean rb;•tfat an The request may be mad event,eonetiffently with the filing of a demand for- afbitmtien but, ifi sueh and mediation shall proceed in advance of arbitfmien-elegal or equitable proceedings, which shall be stayed pending mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 A.... ..L,:.., dispute o bitration. Prior- to afbitfetien ' A 1.3.5.2 Claims, disputes and ei filed in "fing with the other p has aiisen. in no event shall pr-eeeedings based on sueh el limitations. 1.3.5.4 T.lear-N. manner-, an additional per -sen refefenee to this Agreement and ether matter- in questien fiet desefibed in the wFitten eensent er with a pefsen of entity fiat named or deser-ibed therein. Th foregoing agreement to arbitfate and other agreements to arbitfate with an additiefial person ef efitity duly eensented te b) pai4ies to this Agreement shall be speeifietilly enfefeeable in aeeerdanee -Arith applieable 1 t having 1.3.5.5 The award fendefed by the afbiwatef or- aFbitra4ef s shall be final, and judgment may be entered upon it in aeeor-danee with applieable la-w ift an), eetift having jufisdietien thereof 1.3.5.1 Owner and Consultant hereby expressly agree that no claims or disputes between Owner and Consultant arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Consultant consents to be joined in the arbitration proceeding if Consultant's presence is required or requested by Owner for complete relief to be accorded in the arbitration proceeding. 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 Consultant and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Paragraph 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the !aw of the ___ __ al place of business of the Gensultant, unlesst."erwis provided in Pai-7agFaph 1 laws of the state of Texas, and exclusive jurisdiction and venue shall lie in Williamson County, Texas. 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, ,.,,,_ent as ef the a^te of this Agreemen as modified between Owner and Contractor. 1.3.7,3 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 statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when Consultant's services are substantially completed. 1.3.7.4 To the extent damages are covered by property insurance during construction, Owner and Consultant waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, eurrent as of the date of this Agreement as modified between Owner and Contractor. Owner or Consultant, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either Owner or Consultant. 1.3.7.6 Unless otherwise provided in this Agreement, Consultant and Consultant's subconsultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.7 Consultant shall have the right to include photographic or artistic representations of the design of the Project among Consultant's promotional and professional materials. Consultant shall be given reasonable access to the completed Project to make such representations. However, Consultant's materials shall not include Owner's confidential or proprietary information if Owner has previously advised Consultant in writing of the specific information considered by Owner to be confidential or proprietary. Owner shall provide professional credit for Consultant in Owner's promotional materials for the Project. E 1.3.7.8 If Owner requests Consultant to execute certificates, the proposed language of such certificates shall be submitted to Consultant for review at least fourteen (14) days prior to the requested dates of execution. Consultant shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.9 Owner and Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Consultant shall assign this Agreement without the written consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Consultant shall execute all consents reasonably required to facilitate such assignment. 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If Owner fails to make payments to Consultant in accordance with this Agreement, such failure s13all may be considered substantial nonperformance and eause f _ t, ttmi«..ti,.« o- at '', nsult.,«t option, cause for suspension of performance of services under this Agreement. If Consultant elects to suspend services, prior to suspension of services, Consultant shall give seven 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 due 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 $1,005,630.00 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 Ci Manager or City Council. 1.3.8.2 if the Pfejeet is suspended by Owner for mere than thifty (30) eefiseetitive days, Consultant shall be eempensated f;ar expenses ineuf:Fed in the intewdptien and fesumptien ef Consultant's sem,iees. Consultant's fees for- the r . 9 and the time sehedules shall be equitably adjusted, 1.3.8.3 If the Project is suspended or Consultant's services are suspended for more than ninety (90) consecutive days, Consultant may terminate this Agreement by giving not less than seven (7) days' written notice. 1.3.8.4 This Agreement may be terminated by either party upon not less than seven (7) 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. 1.3.8.5 This Agreement may be terminated by Owner upon not less than seven (7) days' written notice to Consultant for Owner's convenience and without cause. 1.3.8.6 In the event of termination not the fault of Consultant, Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. and all Tefminatien Expenses as defifted in Subpamgraph 1.3.8.7. 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which Consultant is not otherwise compensated. plus an afaeunt fer Consultant's andeipated prefit on the value of the sen,iees not peffeimed by Consultant. 1.3.8.8 In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience of Owner, upon seven (7) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice Owner for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. 1.3.83 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pay for any work which is unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this Agreement. Owner shall not be required to make any payments to Consultant when Consultant is in default under this 10 contract nor shall this section constitute a waiver of any right at law or at equity, which Owner may have if Consultant is in default including the right to bring legal action for damages or to force specific performance of this Agreement 1.3.9 PAYMENTS TO CONSULTANT 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of Consultant's statement for services. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the work other than those for which Consultant has been adjudged to be liable. 1.3.9.2 Reimbursable Expenses, in an amount not to exceed $35,000.00, are in addition to compensation for Consultant's services and include expenses incurred by Consultant and Consultant's employees and consultants directly related to the Project, as identified in the following Clauses: .1 Transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; .2 Fees paid fe a! of authorities havingjurisdietien ever- the Pr-ejeev, .3 Reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 Expense of eveftifne wedE requiring highef than r-egulaf fates if authorized in aEkranee by Ownef-, .5 Rendefings, models and meek ups fequested by Owner; .6 Expense ef pfefessional liability insufanee dedieated exelusively to this Pr-ejeet of expense of additional insuranee eoverage er limits requested by Owner in exeess of that nofmally eafried by Censultant and Censultant's eensultants-, .7 Reimbursable expenses as designated in Paragraph 1.5.5.; .8 Other similar direct Project related expenditures. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of all expenses related to this Project shall be available to Owner or Owner's authorized representative at mutually convenient times. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between Owner and Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Consultant. This Agreement comprises the documents listed below. 1.4.1.1 "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." 1.4.1.2 Other documents as follows: (Gist other documents, if any, forming part of the Agreement) "Supplemental Agreement No V supplementing "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." 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: The Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provides that it is a violation of the ADA/TAS to design and construct a facility for first occupancy later than January 26, 1993, that does not meet the accessibility and usability requirements of the ADA/TAS except where an entity can demonstrate that it is structurally impractical to meet such requirements. Consultant will use its reasonable professional efforts to interpret applicable ADA/TAS requirements and other federal state and local laws rules, codes, ordinances and regulations as thgyappl ty o the Project. 11 ARTICLE 1.5 COMPENSATION 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 $1,005,630.00, plus authorized reimbursable expenses in an amount not to exceed $35,000.00, which sum shall include such items as travel, copies, rEVroductions presentations telephone postal or courier services and other similar expenses. 1.5.2 If the services of Consultant are changed as described in Subparagraph 1.3.3.1, Consultant's compensation shall be adjusted. Such adjustment shall be calculated as described below , if no ,.thed of adjustment is indi ated in Pm:agraph 1.5.2, in an equitable Fflanner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classes employees, if required. Identify specific services to which particular methods of compensation apply) 1.5.3 For a Change in Services of Consultant's subconsultants, compensation shall be computed as a multiple of one (1. 00) times the amounts billed to Consultant for such services. 1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one (1.00) times the expenses incurred by Consultant, and Consultant's employees and subconsultants. 1.5.5 Other Reimbursable Expenses, if any, are as follows: 1.5.6 The fates and nitiltiples for sen,iees of Consultant and Consultant's subeensultants as set forth in this Agreemen shall be adjusted in aeeefdafiee with theif nefffial salary review p 1.5.7 An initial payment of Zero and No/100 Dollars ($00.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. it shall be efed:`,,,, `e Owner's "^^^"^` at F"a' payment Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. 1.5.8 Payments are due and payable thi 30 days from the date of Consultant's invoice, or not later than the time period required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60 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 Consultant. (Insert rate of interest agreed upon.) One percent 0 %)per month (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Consultant's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers) This Agreement entered into as of the day and year first written above. OWNER: CITY OF ROUND ROCK, TEXAS i� ia�x Mayor CONSULTANT: SCHRICKEL, ROLLINS AND ASSOCIATES, INC. By: or W. Baxter, Vice Pr si 12 ATTEST: By: au±n�) el t Christine R. Martinez, City Secretary FO4CIT, PROVED AS TO FORM: By:eets, City Attorney 13 SUPPLEMENTAL AGREEMENT NO. 1 THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This document is entitled Supplemental Agreement No. 1, and it supplements "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." for the following Project: Professional planning and design services (including but not limited to base map and surveying, site planning, design development, construction documents, bidding, construction administration, and related services) associated with the development of a portion of Old Settlers Park, said proposed development to include redevelopment of twenty existing ballfields, ten new lighted softball fields, one new tennis pro shop/restroom facility, and related site developments. all as are more specifically identified and described in the accompanying "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.". This Supplemental Agreement No. 1 is made and entered into as of the �_ day of NovQM bSR., , 2006, and is by and between the same parties, those being the CITY OF ROUND ROCK, a home -rule municipal corporation of Williamson County, Texas (hereinafter referred to as "City" and/or "Owner") and SCHRICKEL, ROLLINS AND ASSOCIATES, INC., with offices located at 1161 Corporate Drive West, Suite 200, Arlington, Texas 76006 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City intends to design and construct the Project described in the accompanying Agreement. Consultant's services are desired under this Supplemental Agreement No. 1 for purposes as recited therein. Total compensation for Consultant's services under this Supplemental Agreement No. 1 is as recited therein. WHEREAS, City desires to contract with Consultant for provision of the therein - described services in connection with the Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or will budget therefor; and WHEREAS, Consultant has agreed to provide such professional services for the compensation delineated therein; 00106793/jkg �Q-Dlo-ll•a!- lDE I NOW, THEREFORE, City and Consultant, in consideration of the terms, covenants and conditions contained in the accompanying Agreement that this document supplements, and the terms, covenants, and conditions contained herein, do hereby contract as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.01 Scope. Consultant, as an independent contractor and professional consultant in its relationship with City, shall perform all professional services for the Project as set forth in the referenced documents. 1.02 Compensation. City shall compensate Consultant for the following Scope of Work Services: See Exhibit "B" attached hereto and incorporated herein by reference for all appropriate purposes. City shall compensate Consultant for the recited Scope of Services in accordance with the following Fee Schedule: See Exhibit "D" attached hereto and incorporated herein by reference for all appropriate purposes. 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 $1,005,630.00, plus Reimbursable Expenses up to 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. ARTICLE II CONSULTANT'S SERVICES 2.01 Consultant's Services consist generally of the services described in the referenced and attached Exhibit "B," and include all services as may be necessary to assist City in the design of the Project, within the limits City has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Agreement for all purposes. Consultant agrees that, upon execution of this Agreement, it will submit to City within ten (10) days a list of all additional subconsultants it intends to utilize, not previously identified, delineating their respective tasks. All of Consultant's subconsultants shall be subject to the approval of City, and City reserves the right to reject any consultant. Consultant shall perform all work hereunder in a manner satisfactory and acceptable to City. A Performance Schedule shall be agreed to by Consultant and City, and Consultant agrees to use best professional efforts to complete all services hereunder in accordance with such Performance Schedule. 2.02 Required Phases. Consultant shall provide the following phase services: (A) Base Map and Surveying (B) Site Planning Phase (C) Design Development Phase (D) Construction Documents Phase (E) Bidding Phase (F) Contract Administration Phase (G) Other Related Services (as a part of Basic Services) See Exhibit "B" attached hereto and incorporated herein by reference for all appropriate purposes, such Exhibit "B" delineating the Scope of Services to be performed by Consultant. 2.03 Additional Services. Consultant shall perform Additional Services, only as requested by City, after a not -to -exceed amount has been mutually agreed upon in writing by the Director and Consultant. Where City Council authorization is required, Consultant shall not proceed until the appropriate document for such Additional Services has been adopted. The following services are not covered under Article II, which defines and outlines Consultant's Services and Required Phases. If any of these Additional Services are authorized in writing by City in advance of their performance, they shall be paid for in the manner agreed to at the time of authorization. (1) Preparing Change Orders and supporting data and/or revising previously approved plans when the changes in approved Plans and Specifications are required by City, unforeseen circumstances due to hidden or unknown conditions, or codes/ordinances or other legal requirements which may come into effect during the course of the Project. If changes are required to be made because of error, oversight, clarification, discrepancy, or budget overruns in the work of Consultant, City shall not be liable to compensate Consultant for Additional Services or expenses in such connection. (2) Providing consultation concerning replacement of any Project work damaged by fire or other cause during construction, and furnishing professional services as required in connection with the replacement of such work, unless damage was the result of Consultant's error. (3) Providing other extraordinary professional services over and above the Contract requirements, where required and requested by City, including extraordinary professional services which might result if the City decides to "fast-track" the Project. ARTICLE III CITY'S RESPONSIBILITIES 3.01 Full information. City shall provide full information regarding requirements for the Project. 3.02 Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Consultant and render 3 decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Consultant's work. 3.03 Tests and inspections. City shall furnish or pay for structural, mechanical, chemical, soil mechanics, and other laboratory tests, reports and inspections as required by law or the Contract Documents. 3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by City and are not to be included by Consultant in the specifications for the Project. 3.05 Miscellaneous items. City will also provide Consultant with such items as the Project Facility Program; two (2) copies of the City of Round Rock General and Supplementary General Conditions for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may be necessary and practicable for the orderly and expeditious process of the work and the awarding of the Construction Contract. To the extent practicable, these documents shall be utilized in the preparation of the Construction Documents. ARTICLE IV PAYMENTS TO CONSULTANT 4.01 Scope of Services. Payments hereunder shall not exceed the following: Scope of Services $ 1,005,630.00 Reimbursables (not to exceed) $ 35,000.00 Total $ 1,040,630.00 4.02 Deductions. No deductions shall be made from Consultant's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors. 4.03 Additions. No additions shall be made to Consultant's compensation based upon Project construction claims, whether paid by City or denied. 4.04 Abandonment. If any work designed or specified by Consultant during any phase or subphase is abandoned or suspended, in whole or in part, Consultant is to be paid for services performed prior to receipt of written notice from City of such abandonment or suspension. 4.05 Invoices. Consultant's invoices to City shall provide complete information and documentation to substantiate Consultant's charges, and shall be in a form to be specified by City. All payments to Consultant shall be made on the basis of the invoices submitted by Consultant and approved by City. Such invoices shall conform to the schedule of services and costs in connection therewith. All Reimbursable Expenses shall be clearly shown. Should 4 additional backup material be requested by City, Consultant shall comply promptly with such request. In this regard, should City determine it necessary, Consultant shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. 4.06 Payment of Invoices. 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 the same to meet the requirements of the Agreement. Following approval of invoices, City will endeavor to pay Consultant promptly, but not later than the time period required under the Texas Prompt Payment Act; however, under no circumstances shall Consultant be entitled to receive interest on payments which are late because of a good faith dispute between Consultant and City or because of amounts which City has a right to withhold under this Agreement or state law. 4.07 Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Consultant, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. 4.08 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and Additional Services and include actual expenditures made by Consultant, its employees, or its subconsultants in the interest of the Project for the incidental expenses set forth below. Such expenses must be authorized by City in advance. An allowance for Reimbursable Expenses not to exceed $35,000.00 is established as a condition of this contract. When authorized in advance by City, the following shall be reimbursable: reasonable transportation and expenses of principals and employees when traveling in connection with the Project outside of Williamson County, Texas, essential long distance calls, fees paid for the securing of approval of authorities having jurisdiction over the Project, postage, and reproduction of Drawings and Specifications, excluding copies for Consultant's office use and the required number of sets at each phase of the work for City's review. ARTICLE V CONSULTANT'S ACCOUNTING RECORDS 5.01 Accounting Records. Records of Consultant's expenses pertaining to the Project, and records of accounts between City and Consultant, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. ARTICLE VI TERMINATION AND DEFAULT 6.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Consultant, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. 6.02 Default. Nothing contained in Section 6.01 above shall require City to pay for any work which is unsatisfactory as determined by City or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Consultant when Consultant is in default under this Agreement, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Consultant is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. ARTICLE VII GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS; CONTRACT ADMINISTRATION 7.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary General Conditions to AIA Document A201, "General Conditions of the Contract for Construction," are to be used by Consultant without modification; however, City may, upon prior consultation, approve of any changes that may be necessary for specific cases or instances. Any special conditions pertaining to the Project that are approved by City will be included under the Special Conditions portion of the Construction Documents. 7.02 Contract Administration. This Agreement shall be administered on behalf of City by its Designated Representatives, and Consultant shall fully comply with any and all instructions from City. Any dispute arising hereunder shall be submitted to City, whose decision in the matter shall be final and binding. ARTICLE VIII RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE 8.01 Consultant's Responsibility for Work. Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant, its employees, subcontractors, agents and consultants for the accuracy and competency of Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Consultant, its employees, subcontractors, agents and consultants. 8.02 Indemnification (Damage Claims). Consultant agrees, to the fullest extent permitted by law, to indemnify and hold City, its officers, agents and employees, harmless from any damage, liability or cost (including reasonable attorneys' fees) to the extent caused by Consultant's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its subconsultants or anyone for whom Consultant is legally liable. 31 Owner agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its officers, agents and employees, harmless from any damage, liability or cost (including reasonable attorneys' fees) to the extent caused by Owner's negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its contractors, subcontractors or consultants or anyone for whom Owner is legally liable, and arising from the Project the subject of this Agreement. 8.03 Indemnification (Patent and Copyright Claims). Consultant agrees to completely defend and indemnify City, its officers, agents and employees, against a claim that any of the Designs, Plans or Specifications prepared by Consultant, its employees, associates or subconsultants pursuant to this Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily. Consultant shall pay any and all resulting costs, damages and attorney's fees finally awarded, provided that: (1) City promptly notifies Consultant in writing of the claim; and (2) Consultant has sole control of the defense and all related settlement negotiations. (a) If Consultant defends City against such claims, the City Attorney shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Consultant on City's behalf. (b) Consultant's defense and indemnification under this section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Consultant's opinion are likely to become, the subject of such a claim, City will permit Consultant, at Consultant's option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non -infringing; and if neither of the foregoing alternatives is available on terms which are reasonable in Consultant's judgment, City, to the extent City is legally able to do so, will cease using the designs, plans or specifications on written request of Consultant, in which instance City has the sole option to either require Consultant to perform new design work at Consultant's sole expense, or to terminate this Agreement. (c) Consultant has no liability under this section for any claim of infringement based upon the modification or alteration of the designs, plans or specifications prepared under this Agreement subsequent to the Project by City, or by any engineering consultant subsequently employed by City. (d) The foregoing states the entire obligation of Consultant with respect to infringement of patents and copyrights. The indemnification and defense provisions as set forth in this Section 8.03 shall not apply to products or materials which City has required that Consultant include in any of the Designs, 7 Plans and Specifications, or which are substituted by Contractor or any of his subcontractors during the Construction Phase of the Contract. 8.04 Insurance. Consultant, at Consultant's sole cost, shall purchase and maintain during the term of this Agreement professional liability insurance coverage in the minimum amount of Two Million Dollars ($2,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. 8.05 Insurance Policy Endorsements. Each insurance policy under paragraph 8.04 shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Consultant shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Consultant. (3) The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of any nature. 8.06 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Consultant shall be borne solely by Consultant, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. Such Certificates of Insurance are evidenced as attached hereto and entitled "Certificates of Insurance." ARTICLE IX COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC. 9.01 Compliance with Laws. Consultant, its consultants, agents, employees and subcontractors shall 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 all 8 local, State and National boards, bureaus and agencies. Consultant shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 9.02 Taxes. Consultant will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE X TERM 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 for twenty- four (24) months from the date of execution hereof. 10.02 Project Performance Schedule. (1) Time of completion of the services referenced herein shall be as follows: Completion of services not later than twenty-four (24) months from date of execution hereof. Nothing recited herein shall be construed to prevent the negotiated renewal and/or extension of this Agreement by express written agreement of the parties. (2) Consultant understands that the Project Performance Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein, so that construction of the Project will be commenced as scheduled. In this regard, Consultant shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish services required under this Agreement in a professional manner. ARTICLE XI FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY 11.01 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 for the construction of the Project. 11.02 Confidentiality. Consultant's reports, evaluations, designs, drawings, data, and all other documentation and work developed by Consultant hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of City's Director. ARTICLE XII GENERAL PROVISIONS 12.01 Time is of the Essence. Consultant understands and agrees that time is of the essence and that any failure of Consultant to complete the services for each phase of this Agreement within 9 the agreed Project Performance Schedule may constitute a material breach of this Agreement. Consultant shall be responsible for its delays or for failures to use professional 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 waiver of any of City's additional legal rights or remedies. 12.02 Force Majeure. Neither City nor Consultant shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 12.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Consultant shall not assign, sublet or transfer any interest herein without City's prior written authorization 12.04 Amendments. This Agreement, representing the entire agreement between the parties, may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, 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 the State of Texas. 12.06 Notices. All notices and correspondence to City by Consultant shall be mailed or delivered as follows: City Manager City of Round Rock 221 East Main Street Round Rock, Texas 78664 All notices and correspondence from City to Consultant shall be mailed or delivered to Consultant: Victor W. Baxter, Vice President Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in its corporate name by the person duly authorized to execute the same in its behalf, and Schrickel, Rollins and Associates, Inc., signing by and through its duly authorized representative, 10 thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Agreement. CITY OF ROUND ROCK By: a , Mayor FO*TY, PPROVED AS TO FORM: B Sheets, City Attorney SCHRICKEL, ictor W. Baxter, ATTEST: Christine R. Martinez, City Secretary AND ASSOCIATES, INC. 11 L*i_!#AiW EXHIBIT B SCOPE OF SERVICES TO BE PERFORMED BY CONSULTANT CITY Of ROUND ROCK Old Settlers Park at Palm Valley Sports Complex Improvement Project SUMMARY OF PROTECT A. This project consists of Site Planning, Design Development Construction Documents, and Construction Administration for the development of a portion of Old Se tiers Park. The proposed development will include redevelopment of twenty baftfields, plus ten new lighted softball fields, a new tennis pro shop/restroom facility and related site developments. B. The Consultant shall perform for the City the Basic Professional Services and Special Services for the phases of the Project to which this agreement applies. Services include, but are not limited to, professional consultation and advice and furnishing civil, structural, mechanical, and electrical engineering services; surveying; architectural; landscape architectural services; and sports turf design. C. I he project budget for the Park Development including Professional Services, to which the Design Development Phase Services and Construction Documents Phase Services will be coordinated by the Consultant, will not exceed the sum of S13 160,000, including fees for professional services and expenses unless amended by the City. D. For purposes of this Service Agreement and its Exhibits, the term 'Engineer," where appropriate, shall be interchangeable with the terms -Landscape Architect' or "Architect' or 'Consultaa" Schrickel, Rollins and Associates, Inc., is a firm composed of practicing Planners, Registered Engineers, Registered Architects, and Registered Landscape Architects. The firm does not represent itself solely as an engineer nor solely as a practitioner of landscape architecture or architecture as defined in the applicable State of Texas registration laws. The following consumer information is required by the Landscape Architects Registration Law, Article 249c, NfICS: The Texas Board of Architectural Examiners has jurisdiction over individuals licensed under the above named Act Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107; Austin, Texas 78758-7589; (512) 458-4126. PART I - ELEMENTS A. The program of development shall include, but not be limited to, the following elements. It is understood that elements may be omitted in order to meet the project budget with approval by the City. Major Improvements a. Girl's lighted softhallcomplex (5 fields) including support facilities, reAroorn/concession buildings, bleacher areas, shade structures, parking, etc. b. Adult lighted softball complex (5 fields) including support facilities, restroorn/concession buildings, bleacher areas, shade structures, parking, etc. Round Rock - Old Settlers Park ExhW 8 Schrickel, Rollins and Associates, Inc. 14511 Page 1 of 8 BIEL C Renovations to four (4) existing Sports Complexes (20 fields). Existing fields and lighting will remain, public spectator areas will be redesigned. Five existing girl's softball fields will be converted to baseball. d. New restroonVconcessiontpro shop for the Tennis Center- A small shade pavilion area will be included. C. Storm drainage/detention Miscellaneous a. Removal of existing facilities b. Earthwork and grading C Security and pedestrian lighting d. Sports lighting on new fields. Existing fields will remain unchanged except new lamps will be installed by the City. e. Landscape plantings f. Site furnishings: bleachers, drinking fountains, litter receptacles, signage & Erosion control h. Irrigation system i. Recreational trails j. Storage/maintenance facilities. One central maintenance complex will be located on the site along with small maintenance/storage areas at each complex. k. ADA evaluation of existing buildings and modifications if necessary. 1. Shaded bleacher areas M. Parking lot redesign at existing southwest complex. Utilities a. Sewer connections 6. Water service C. Electrical distribution and controls d. Telephone service e. Maxicorn irrigation control PART If - BASE MAP AND SURVEYING A. While existing base information would be sufficient for overall planning, it is not sufficient for detailed design and preparation of construction drawings for improvements on site. A new topographic survey of the existing areas within the project limits will be required. The survey will identify one foot contours, existing facilities, utilities and trees with 3" or greater caliper, boundary lines, and adjacent public streets and utilities (boundary survey to be. - supplied by the Owner). PART III - SITE PLANNING PHASE A. General. The City has established the program elements and a Master Plan for the entire park. This phase will serve as a continuation of that effort The City is aware that the program elements may change through the site planning process. However, it is the City's intent that the Consultant have the flexibility and creativity to provide Round Rock - Old Sefflem Park Exhibli 8 Schrickel, Roffins and Associates, Inc. 14511 Page 2 of 8 as many of the program elements as possible. The City shall cooperate with the Consultant to achieve a final program based on conceptual design that meets the project budget. B, Services. Consultant will provide/perform the following Site Planning Phase Services: 1. Conduct reconnaissance of the site and prepare graphics of findings. 2. Analyze the capabilities and limitations of the site and prepare descriptive graphics in a study of development feasibility. 3. Conduct work sessions with City's staff to review a Program of Development and existing, Master Plan for the site which includes the 'Elements" referenced above, 4. Conduct a one -day tout of similar complexes in the Dallas -Fort Worth area with representatives of the City. 5. Prepare conceptual development plan alternatives in sketch form, 6. Present the most viable plan alternatives in a work session with the Staff for review and further development. The Consultant will provide alternatives as requested by the City until a solution has been accepted by the City. Prepare a first draft of the site plan (or staff review and revisions prior to public presentations. 8. Prepare general opinions of probable cost and recommendations for construction phasing. Increments of development will correspond to park, budget plans, 9. Presentthe final draft Site Plan, opinions of probable costand phasing recommendations once to the City. 10. Upon final approval and authorization to proceed, make final revisions to the Site Plan. C. Products. The following products will be provided by the Consultant to the City in completion of the Site Plan. 1 A refined line drawing of the final approved plan suitable for public display. A reproducible copy on a 24" x 36' sheet will be furnished to the City. A colored rendering of the 24'x 36' Site Plan mounted on a foam board. 3. A brief report containing the Program of Development, description of the planning process, and other pertinent narrative. 4. A digital file copy of the Site Plan in a format specified by the City. D. Meeting: 1. The Consultantwill prepare for and attend up to a total of four (4) meetings with the stakeholders, sports associations, owners, and general public for the purpose of reporting on progress and gathering input. One (1) of these meetings will be structured to gather public input Round Rock - Old Seftien; Park Exhilift a Schrickel, Rollins and Associates. Inc. 4451i Page 3 of 8 ICA 2. In addition to the above; the Landscape Architect will attend a total of six (6) meetings with staff, including kick-off meeting. (other staff/Landscape Architect meetings may occur before or after board and commission meetings at no additional charge.) 3. The Consultant. will present the Site Plan to the City Council in a workshop meeting. 4. Additional meetings may be scheduled with additional compensation to the Consultant, as mutually agreed to in writing in advance of any such meetings). 5. The City will be responsible for advertising all meetings, if needed. PART IV - DESiGN DEVELOPMENT PHASE A. Services. Consultant will provide/perform the following Design Development Phase Services: i. Based upon the approved Master Planning Documents and adjustments authorized by the City in tide program, schedule, or project design budget, the Consultant shall prepare, for approval by the City, Design Development Documents consisting of drawings and other documents to fix and describe the size and characterof the Project with regard to site, architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. Design Development Phase deliverables shalt include, but not be limited to, the following: (a) Plan views in appropriate scale (b) Sections where appropriate (c) Floor plans and elevations where appropriate (d) Typical details (architectural and structural) (e) Preliminary mechanical schematic and design loads (f, Preliminary electrical schematic with design loads 2. Coordinate with appropriate governmental authorities and provide inforrnation requested for compliance with applicable codes, ordinances, and laws. if necessary, make revisions necessary to obtain compliance or approval. I Submit five sets of the above plans and opinions of probable cost of construction to the City for review. 4. Meet with the City to discuss plans opinions of probable cost of construction. 5. Distribute the plans to local utility companies, if necessary, to obtain information regarding impacts to their facilities. Consider how impact may affect the project cost. 6. The Consultant will prepare for and attend one meeting with the sporty associations to review the Design Development Documents. '. The Consultant will submit the Design Development Documents to the City of Round Rock DRC Committee for preliminary review. Round Rock - Old Settlers Park Exhibit B 5chrickei, Rollins wd Associates, Inc. 1451i Page 4.of 8 WLIV L!J1WFA11 PART V - CONSTRUC110N DOCUMENTS PHASE - X Services, Consultant will pro-videlperform the following Construction Documents Phase Services: I All drawings and details will be produced in AutoCAD. All specifications will IV produced in Wordpeffea or Word. 2. Based upon the approved Design Development Documents and further adjustments in the scope or quality of the Project or in the project design budget authorized by the City, the Consultant shall prepare, for approval by the City, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for construction of the Project. Construction Documents Phase deliverables shall include,, but not be limited to these contract documents: (a) Plan sheets illustrating plans, elevations, sections and details of construction. (b) Technical specifications. (c) Provide graphic products in electronic file format (pdf)_ (d) All electronic file transmittals shall be in CD -Rom format. 3. Landscape design shall comply with the City of Round Rock Landscape Ordinance. 1 4. If it is to the Owner's advantage, Construction Documents will be prepared to allow bidding of two or more separate and distinct bid packages. 5. Review documents will be submitted to the City at 50%, 75% and 90%, completion. 6. Construction documents shall be submitted to the City of Round Rock DRC Committee at the. 90% completion stage. PART VI - BIDDING PHASE A. Services. Consultant will provide/perform the following Bidding Phase Services. 1. Answer questions from Bidders and prepare, addenda as necessary. 2. Review 'or -equal' submittals from contractor. 3- Attend pre-bid meeting. 4. Attend bid opening. 3. Assist the City in pre -qualification of bidders. 6. Assist the City staff in a pre -construction conference. 7. Plan distribution and printing shall be provided by Document Engine. Consultant shall provide original documents for reproduction. Services of Document Engine shall be paid by the City. Round Rock - Old Settlers Park Exhibit B Schrickel. Roffins and Associates, Inc, 14511 Page 5 of 8 Loim LPJWFAin PART VIll - CONTRACT ADMINISTRATION PHASE A. Services, Consultant will provide/perforfn the following Construction Administration Phase Services: Provide site observation visits appropriate to the stage and quality of the Contractor's works in progress. Site observation visits shall be. provided for the purpose of ascertaining for the City that the work is in substantial or general conformance with the contract documents and design intent- Generally, site observation visits will be made twice a month. 'a) Should nonconforming or defective work be observed, the Consultant will endeavor to immediately inform the City's representative that conforming or remedial action is required. (b) The number of site observation visits to be provided by a representative of the Consultant at times in the judgment of the City's representative appropriate to the work',, or as otherwise requested./directed by the City, shall not exceed an aggregate total of 40 visits over the period of the Contractor's construction contract. M On-site meetings shall be approximately twice a month, id) Site observation visits provided by the Consultant as necessary to correct errors or omissions or to ciarify ambiguities in the plans will not accrue against the visits described in Part VI - A,Ub) above. 2. Review shop drawings and other submittal information for the purpose of ascertaining conformance with the design intent and construction documents. Provide the Owner a binder two copies) of all product submittals and/or cut sheets used on the project. 3. Provide written responses to requests for information or clarification. 4. Recommend change orders, if required. 5. Assist the City in conducting the substantial completion and final completion observations. B. Consultant's Status During Construction, Consultant will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident hereto. Consultant will not be responsible for Contractor's failure to perform or furnish the work in accordance with the construction documents. Consultant will not be responsible for any delays in the execution of the work caused by the Contractor. PART Vill - OTHER RELATED SERVICES A. Services. Consultant will provide the following related services/products as a part of basic services: Storm Water Pollution Prevention Plan (SWPPP). Services shall include preparation of the SWPPP document, Notice of intent, and one initial inspection of the construction site Continued monitoring and inspections shall be provided by the City or by others throughout the construction phase of the project, Record Drawings. Consultant will transfer information provided by the Contractor on his mark-ups after construction is complete to AutoCAD file format Digital files will be provided to the City. Round Rock - Old Settlers Park Exhib4t R Schrickel, Rollins and Associates, Inc. 1451i Page 6 of 8 3, Maintenance and Operations Plan. 4. 3-D Animation of the Design Development Phase design. PART IX - EXCLUSIONS K The intent of this Scope of Services, Exhibit 'A" is to include only the services specific -illy listed herein for this Project. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: 1. Preparation of Plats or Boundary Survey documents. 2. Field surveying or production of related maps for purposes of determining off-site utility locations, or construction control and layout. 3. Design of off-site utility services or drainage facilities to more than a distance of 100 feet from any boundary of the project site, 4. Environmental impact statements or assessments. i. Traffic engineering reports or studies. 6. Hydraulics and hydrology, flood studies or floodplain reclamation plans. 7. Full-time or otherwise frequent and detailed inspection of the Contractor's works in progress. 8. Designs for trench safety. 9. Archaeological survey. 10. Quality control and testing services during construction. PART X - REIMBURSABLE EXPENSE The City will reimburse the consultant for the actual cost of the following: 1, Printing and reproductions of Construction Documents. 2. Travel expenses. 3- Postage/deti,.ery services. 4, Texas Department of Licensing and Regulation (TDLR) review and/or inspection fees. 5. Other permits. Round Rock - Old Settlers Park Exhibit B Schrickel, Rollins and Associates, Inc. 1451i Page 7 of 8 PART X1 - ADDITIObLAL SERVICE The following services are not included in this Agreement but are available to the City upon written authorized approval and mutual agreement. A. If the budget is increased by more than ten (10%) or if the scope is increased beyond that listed previously, Professional Services required to include said changes shall be considered Additional Services, and compensation for the Consultant's services shall be adjusted appropriatelyaccordingto the magnitude of the change. All changes in service shall be agreed to in writing by both the City and the Consultant prior to any additional services being provided. B- Assistance by the Consultant to the City in the resolution of construction -contract disputes between the City and its contractor, or c9ntract-related claims against the City, are not a part of the scope of this proposal. However, such services may be provided as Additional Services by separate agreement or amendment, as provided for herein, to this Agreement. C. Services related to easements, permitting, platting or re -platting required by the City or required by other governmental authorities for the construction of the Project, will be provided by the City, or provided by the Consultant by separate agreement or amendment, as provided for herein, to this Agreement.. D. Renderings, models or mock-ups requested by the Owner. E Cost estimating consulting services - Round Rock - Old Settlers Park Exhibit 8 Schrickel, Rollins and Associates. fric. 14511 Page 8 of 8 L04 WWUW rs EXHIBIT PROPOSED SCHEDULE CITY OF ROUND ROCK Old Settlers Park at Palm Valley Sports Complex improvement Project stage at sem;tces Cal days to, Complete 1uthori7ation from City to Proceed with Project Geotechnical Investigation and Report Topographic Survey Site Planning Phase Design Development. Phase (DD) City Review of DD Construction Documents Phase (CD) 50% Submittal 90% Submittal Final Review Submittal for Building Permit Corrections after Permit Review Bidding Phase Recreation Facilities Package Send documents to Printer Printing Advertisement for Bids Advertisement for Bids Bid Opening City Council Meeting to Approve Bids City Approve and Execute Contract W'eeks to Projeced Date Complete 3 0,5 November 23, 2006 8 January 22, 2007 8 January 22, 210(J7 6 January' 2007 6 February 21, 2007 1 February 23, -)(X)-I 45 6 April 14, 2007 45 6 May 29, 2007 21 3 June 19,2007 June 26, 2007 Round Rock - Old Settlers Park Exhibit C Schrickel, Rollins and Associates, Inc. 14516 Page 1 of 1 June 27, 2007 3 0,5 lune 30, 2007 6 1 July 6, 2007 I July 13, 2007 33 4 August 2, 2007 30 4 September 1, 2007 Round Rock - Old Settlers Park Exhibit C Schrickel, Rollins and Associates, Inc. 14516 Page 1 of 1 01 plivi OWN WWM EXHIBIT D FEE SCHEDULE CITY OF ROUND ROCK Old Settlers Park at Palm Valley Sports Complex Improvement Project A. Basic Professional Planning and Design Service.; Site Plan $ 131,660 Design Development $ 114,690 Contract DoCUrnents, $ 446,730 Bidding Administration S 22,470 Construction Administration S 190,680 Total $ 906,230 B. Other Related Services Topographic Survey Record Drawings Mai ntenance/Operations Plan 3-D Animation 200 acres $ 54,000 $ 7,200 5 13,000 $ 25,200 C. Reimbursable Expenses (Allowance - not to exceed) $ 35,000 Round Rock - Old Settlers Park Exhibit D Schrickel, Rollins and Associates, Inc. 1451 i Page 1 of 'I City of Round Rock Old Settlers Park at Palm Valley Sports Complex improvement Project Proposed Schedule - One Construction Contract 14511 November 14, 2006 Stage of Services Authorization from City to Proceed with Project Geotechnical Investigation and Report Topographic Survey Site Planning Phase Design Development Phase (DD) City Review of DD Construction Documents Phase (CD) 50% Submittal 90% Submittal Final Review Submittal for Building Permit Corrections after Permit Review Bidding Phase Recreation Facilities Package Send documents to Printer Printing Advertisement for Bids Advertisement for Bids Bid Opening City Council Meeting to Approve Bids City Approve and Execute Contract Cal, days to Weeks to Complete complete Projected Date 3 0.5 November 23, 2006 60 8 January 22, 2007 60 8 January 22, 2007 45 6 January 7, 2007 45 6 February 21, 2007 7 1 February 28, 2007 45 6 April 14, 2007 45 6 May 29, 2007 21 3 June 19, 2007 7 1 June 26, 2007 June 27, 2407 3 0.5 June 30, 2007 6 1 July 6, 2007 7 1 July 13, 2007 33 4 August 2, 2007 August 23, 2006 30 4 September 1, 2007 City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Summary of Professional Services ,451; November 14, 2006 Basic Services Site Planning $ 131,660 Design Development $ 114,690 Construction Documents $ 446,730 Bidding $ 22,470 Construction Administration $ 190,680 Subtotal $ 906,230 Other Related Services Topographic Survey / Base Map S 54,000 3-D Animation $ 25,200 Maintenance and Operations Plan S 13,000 Record Drawings S 7,200 Subtotal $ 99,400 Total $ 1,005,630 3 of 17 Schricket Rollins and Associates 11/15/2006 1:18PM I , Inc. 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W( 0 m -4 0= m X (a C 0 Ri ;jj 0 Z 0 x LJ a Z7 O 10 0 0 0 w 0 r 0 0 0 m Ln m m 6. OS �NlP 4i ww T c Mog? C m 6v�, Ri ;jj Z 0 rn ;7j NPJ O *A W m OIC �) �. .L h5 A N N n) -N N W A 'j, cc -4 8 M 0 tA U, M " w " w N — W W N) w N N� I m C; . m c T ? m , > 5 � Q) 0 41 tA 2 x c M to 0 0 O 49 fA (n fft 6A N 1f 61 N, to <11, 4A 4A r In" Smo rx LD 0 Wo X z r- C, p S7 a 2 O 30. m X m cn LA 0 tai w -t- 0 0 a C> -4 I m C; . m c T ? m , > 5 � O 4A 4A `m" m ec. a❑ n= p- a to 'J p' yti y Cm5 A wm Er m-. x as =_~''' = '� z �_ 0c) x v p_ l9 O x' N a...(N fq Hi fA Ffl N Vi by (iqfA N 4A dy f✓1 Eli 4if Ff 4tf fR �'�' �� .h _ N Vn fJi A N W LIt U+ 'p wcD'4N , , V v. W i.11 ` 00e00 cA� e7 .0.00 pqp 0 0Q Ob 00000 Ur 2 c o m lawns-• o �� c Ort a m d 4f rJ H p m Q:C cin no—a n.,,� to w Asa en v, v 0 -Y W o 0 Ccoo o O N VASA VY Ui �w cn as w ur a a+ o'oo a' TABLE 1A City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Hourly Breakdown of Proposed Basic Services - BWM Group November 14, 2006 OTHER DIRECT COSTS (OOCs) Subconsultants Total Subconsultants Priacipai P.M. Seni—l-A Total Man-hours Description / Task Title SITE PLANNING PHASE _.... 5 40 35 Landscape Plan K,,i,'Clt i!SP.Y.tir' 4 4 _ 8 Reconna:ssa-ce of the S:ta 8 8 Supplies 16.... :,,afi, e c.+; a.Ni,ties ard 1_,,twions _ 16 4 28 US - t F. ,,qew, ar,d Re, :aw v tN 0Kx tit 8 8 16 _.... Twur ar 01-1v Co! veaus 14 14 Meeting with Stakeholders 28 Jin ptcai dereiapment pia. aiternal. es 40 4040 120 vreri<.session wdhstafl 8 8 S 16 Fust d a,t ;Ir site plan2 24 8 34 Y 8 64.110 10 Op Pr b,,te Cast... _ 3L!i7 8 4 $. cr,e-s..tt with tr`i nier 16 X16.. _ 32 r-r;lkia a .d factilate up to 4 r vz .nr,g __._.. _ 4 16 _ 20.. Siakoho:d+.'?� l .&o(,rgs 0)16 _... ........ .. 300 1 b $ 32 ,,;her nl,tfings .1.1Staff (ry)..... '12. 12 ... 24. orepw,atiof, of digital Fueson at,�rnn & pro it s 36 8 8 36 t'ubl_ Meeting - r ese'Aa.= to city =urcit 8 8 16 Subtotal Man-hours 190 214 56 444 Billing Rate $150 $135 $120 sobtatatLabor Costs $28,500 $28,890 $6,720 $64,110 OTHER DIRECT COSTS (OOCs) Subconsultants Total Subconsultants Cost $ Total Man-hours Notes DESIGN DEVELOPMENT PHASE Material Expenses _.... 5 40 35 Landscape Plan 4 24 28 Plsta�e%)elirery. _ 8 Adult Softball Complex Plan 8 8 Supplies S— 8 Typical Bleacher Shade Structures (each t c0n,ii3tfix varies) 4 4 Teephone 8 FAX 2 8 10 Opinion of Probabe Cost - compare and contras: 8 8 Subtotal Material Expenses $ 12 Meeting with Stakeholders 4 4 8 Miscellaneous Expenses 19 120 139 Summary $150 $135 Travel S $19,050 1. Total Hours 444 Hotel S 2, Total Labor Dollars S 64.110 Autontiatlite $ 3L!i7 3. Subconsultants 4 - Meais $ - 4. Material Dollars S - Mfisca€iareous S S. Miscellaneous Dollars S 300 Subtotal Miscellaneous Expenses $ 300 6 TOTAL SITE PLANNING SERVICES $ 64,410 Principal P,M, Total Man-hours Description t Task Title DESIGN DEVELOPMENT PHASE Site Plan 5 40 35 Landscape Plan 4 24 28 Girl's Softball Comp ex Pian 8 8 Adult Softball Complex Plan 8 8 Typical Bleacher Area Plan 6 8 Typical Bleacher Shade Structures (each t c0n,ii3tfix varies) 4 4 Code Compliance 2 8 10 Opinion of Probabe Cost - compare and contras: 8 8 Review DD Pians with City 4 8 12 Meeting with Stakeholders 4 4 8 Subtotal Agan -hours 19 120 139 Billing Rate $150 $135 Subtotal Labor Costs $2,850 $16,200 1 $19,050 OTHER DIRECT COSTS (ODCs) Subconsultants Total Subconsultants Cost 5 $ p.M. Notes Total Description r Task. Title Material Expenses Reproduction $ - CONSTRUCTION DOCUMENTS PHASE P,&Bikl Confersnse P0s1,a 0;0*,livory Respond to comnwnts from Contracture ........ P I.ANTING PLAN AND DETAILS6 6 24 Supplies j - _ 32 8i3ung Rata _. _..... 40 Telephone 8 FAX 4... 24_. ........ 28 7 :, E IiEYV _ Subtotal Material Expenses $ S 28 4 Miscellaneous Expenses $ - 28 Summary 8 16 Travel S Cocrd,nauon vnth p,me 1, Total Hours 2428 139 Howl `s -. 2. Total Labor Dollars $ 19.050 Autornobilr„ $ ..2017 3. Subconsultants.. 5 - Meals 5 - 4. Material Dollars $ 5 .>sce!lanecvs a 286 S. Miscellaneous Dollars S 200 Subtotal Miscellaneous Expenses $ 200 1 6 TOTAL DESIGN DEVELOPMENT SERVICES 5 19,250 OTHER DIRECT COSTS (ODCs)Notes Principal p.M. Senior LA Total Description r Task. Title BIDDING PHASE Prepwe Notre to 9idders Msn-hours CONSTRUCTION DOCUMENTS PHASE P,&Bikl Confersnse S - Respond to comnwnts from Contracture ........ P I.ANTING PLAN AND DETAILS6 6 24 38 5"E DETAILS 8. _ 32 8i3ung Rata _. _..... 40 5,1%REY'F.YJ_ _. 4... 24_. ........ 28 7 :, E IiEYV _ 4 24 S 28 4 24 $ - 28 OUALITV CONTROL 8 16 24 Cocrd,nauon vnth p,me 4 2428 Te'ephone & FAX $ trx Spera'Ic^s 24 $ 24 Op n— of Proaa le Cost coMpare and contrast Miscellaneous Expenses 16. 16 Re"f w MOON$ with C.ay 8 24 2, Total Labor Dollars 32 Subtotal Man-hoivs46 5 216 24 286 Billing Rata _....._ ........ ........_ _.__._ .._-$150 _... $135. .......$120. S Subtotal Labor Costs $6,900 529,160 $2,880 $38.940 OTHER DIRECT COSTS (ODCs)Notes Principal P.M. Total Description / Task Title Subconsultants ioS, BIDDING PHASE Prepwe Notre to 9idders S 1,sssst in Pr¢-C?uatliu+t an of Neders P,&Bikl Confersnse S - Respond to comnwnts from Contracture ........ 0 A;WI U gid 0pW111,V 5 }SIdS. 8 12 Total Man-hours6 14 24 8i3ung Rata _. _..... $150... -.. $135... Total Estimated tabor Costs 1 $900 $1,890 $2,790 Total Subconsultants S Material Expenses Reproduction $ - Postag6'Delwery$ _ _ - Summary supplies $ Te'ephone & FAX $ Subtotal Material Expenses $ Miscellaneous Expenses TravelS 1. Total Hours 286 se.el _ S 2, Total Labor Dollars $ 38.E?40 wt,r; ob,ie 5 3. Subconsultants trreals ' S 4- Material Dollars$ s1is=lanes S 5- Miscellaneous Dollars - $ Subtotal Miscellaneous Expenses $ 6 TOTAL CONTRACT DOCUMENTS SERVICES $ 38,940 Principal P.M. Total Description / Task Title Man-hours— BIDDING PHASE Prepwe Notre to 9idders tl 1,sssst in Pr¢-C?uatliu+t an of Neders P,&Bikl Confersnse 4 4 $ Respond to comnwnts from Contracture ........ 0 A;WI U gid 0pW111,V 2 22 4 }SIdS. 8 12 Total Man-hours6 14 24 8i3ung Rata _. _..... $150... -.. $135... Total Estimated tabor Costs 1 $900 $1,890 $2,790 OTHER DIRECT COSTS (ODCS) Subconsultants ewls Total Subconsultants Cost $ Notes Notes Material Expenses Subconsultants Cost PostageiDolirery $ SoppilNS S Design Development $ 19,250 Telephone & FAX $ S Subtotal Material Expenses S - Miscellaneous Expenses Summary 2,79 Travel $ 1. Total Hours 12 hotel$ S 125,390 2. Total Labor Dollars S 2.790 Automob,le.. _.._ _._.$. 3. Subconsultants $ - tvleais $. -_.... 4. Material Dollars. $ Miscellaneous $ 5. Miscellaneous Dollars $_ Subtotal Miscellaneous Expenses $ 6 TOTAL BIDDING PHASE SERVICES 5 2.790 BASIC SERVICES SUMMARY OTHER DIRECT COSTS (ODCs) Notes Subconsultants Cost Site Planning S 64,410 Design Development $ 19,250 S Contract Documents S 38,940 $ Bidding 2,79 $ Total S 125,390 Total Subconsultants $ Material Expenses Reproduction $ Postage/Delivery $ Supplies_. _. _... .. _ $ - Te!ephone & FAX . S Subtotal Material Expenses __. _.. . $ ...:.... Miscellaneous Expenses Summary Travel $ 1. Total Hours 881 Hole' $ 2. Total Labor Dollars S 1 4,890 Auto mnb e 5 800 3, Subconsultants $ Meals_$ 4. Material Dollars S Mjscellaneous $ S. Miscellaneous Dollars $ 500 Subtotal Miscellaneous Expenses ; 5001 6 TOTAL BASIC SERVICES $ 125.390 LD --I Po 2 E a -i T �r -p -E� 0 F ; 7; . o zz fj) ED 0 -�)c < z1 cr o m S 0 0 c 17) o 5 Lo CL 0 > X cr frl tO ta m x w cr o c o c 0 a m x Cm L n 0 0 CA 0 cs c ;o > 0 0 :3 Z C, -4 -0 m 40.,U, 0 �P- A UT w co O 11, 2 cn 0 c 0 0 (A 4A g 3; Sag 61 0 -4 C ;o , 0 ; g C a — 0 0 rap cn 0 z Im Z 41 03 0 C> z CA m to <D 00 0 LD --I Po 2 E a -i T �r -p -E� 0 F ; 7; . o 0 :z U) 0 a5w -�)c < z1 m tC o .1 .- S 0 0 c 17) o 0 CL 0 m ta 0 3 < w cr > 0 Zo o 0 0 0 cs c ;o > 0 0 :3 Z 40.,U, 0 �P- A ar w co O 11, cn (A 4A 61 rap cn Im 41 03 0 C> 0 z z 0 0 --q 0 2L > ,'D 3 0 :z U) 0 i 0* to m G'D = ;o M Q1 m 0 S 0 0 Al X 17) CL 3 0 0 0 m 0 3 < M 0 Zo o 0 ear0 :3 ar 0 cn TABLE 2A City of Round Rock Old Settlers Park at Palm Valley Sports Complex Improvement Project Hourly Breakdown of Proposed Construction Administration Services - BWM Group 1451, November 11, 2006 Oascriptiord Task Title Frin. P.M.tLA hl Total Rate stimated labor Costs 582.080 S86 280 OTHER DIRECT COSTS (ODCs) Subconsuitants Total Subconsultants Cost S - 5 S - 5 4 Man-hours CONSTRUCTION ADMINISTRATION Material Expenses Reprrduilbr (assumes 18 months construction time) 0 Pre-Ccrstruction Conference 4 46 rVi ite siLs (average hi-, month. onth. Ott totat3 16 - 11 160 Handling Rrl's. contractor sobr.=ittais, etc. 210 210 Project Close -cul t2 site v s4si 8 24 32 On-call sate visits, maetings, and responses to Cs 16 210 226 Rate stimated labor Costs 582.080 S86 280 OTHER DIRECT COSTS (ODCs) Subconsuitants Total Subconsultants Cost S - 5 S - 5 4 Notes Material Expenses Reprrduilbr Postage;Fre,ghi $ - SuprAies . $. Telephone & FAX $ Subtotal Material Expenses $ Miscellaneous Expenses Summary Traver ' Total Hours 636 Hotel _... S _.._ 2. Total tabor Dollars S 86,250 AutrmoNle S -.. 3. Subconsultants _. _....... 5 . hteais S - 4..Material Dollars S - n! srsjanenus 3 5, Miscellaneous Dollars S Subtotal Miscellaneous Expenses 5 6. TOTAL CONSTRUCTION ADMINISTRATION SERVICES $ 86,280 3: >= K - I Ep x 3 ED (A 0 -4 u�iC: e) m am xm AA tj - 34 0 C* N o th be fA 111 iA 4f1 Flt b/ IfA 10 dY, (A N10� 4A to 01 0 US Z O CD (A im C g co -1 --4 0 a o q > A t,7 Smo at m w 0 'MA *0 ooc ;z 0, co > OR 0 m T (A m ;u S 0 tom *A I<A EA t11� 4 Z m >Z -0 x C X 0 4A 00 AA tj - 00 I C* N o th 4A to ca (A im co U. p V) 0 m;. 0 m > n m o ;o z to > A v m x 13 cn K E ;o c cr 0 m 7 0 z 91, 0 z a ml m 0 c m eo :1 v 0 0 z r Z fA fA (A tO (P 40 (A VA (0 6n <A CA jiA (A Zp A 0 r > z 0 ID to V t9 C> U, 8 O�cao >1 on (—D gr 0 = 3: w i7 , 0 0 G <1 c 3 cr c 0 tr 0 o 0 0 O a c 17 C, fn w rn 0 o 0 rn 4A V) (A (A 4A N Ell 0 C, t4 , n fn "I cr 0 O 0 0 10 r v, U, CA 0 0 m > 7.x z to > V a 7 0 z 91, 0 ml m 0 c m eo v C. 'A fA fA (A tO (P 40 (A 8 O�cao >1 on (—D gr 0 = 3: w i7 , 0 0 G 3 cr c 0 O fn w rn iv 4A V) (A (A 4A N t4 , n fn "I 0 O 0 0 10 IJ 0'r0 -7 ;o 0 X = I ;OD 13 X ro- L4 r 6. eq e46� O 00 rn U, V- w to in 4 '00 M o 107 cc cv fA rncs G7 cF� to iL Tlj City of Round Rock Old Settlers Park at Palm Valley The Role of BWNI Group 13WM Group will serve vital roles on this project as the local point of contact, as a designer, and as an on-site representative during construction administration. Site Planning BWN4 will facilitate all of the stakeholder meetings, and will gather public input. They will be the initial point of'contact with the local public. They will coordinate with all of' the city departments to ensure that all developmental requirements are incorporated into the project. Their knowledge of the site and of the city Nvill aid in development of concepts that are sensitive to local issues and needs. The will aid in preparation for digital and graphic presentations, Design Development BWM will contribute to the desiun of the style of the park to ensure a genuine "Hill L, g Country" look and feel. They will contribute to the development of the planting palette and plan. They will continue to act as a liaison with local stakeholders. Construction Documents BWM will continue to assist in development of the planting design and details of' amenities that reflect the style and image of the facility. BWM will act as a coordinator with the City departments and assist in the review process. They will vcrify local construction costs for the opinion of probable costs. Bidding BWN,I will attend the Pre -Bid Conference and the Bid Opening. They will assist in the evaluation of the bids. Construction Administration During the construction phase of the project, BWM will be the initial point of contact between the design team and the contractor. All communications and correspondence will be routed through BWM. Two meetings per month will be held with the contractor. One will be attended by both SRA and BWM to review status, pay requests, and design issues. One will be attended by BWM only to review progress. Pre -installation meetings ,,vIII be held on-site with several critical trades and subcontractors. Both SIZA and BWM will attend these meetings along with other related subconsultants. When issues arise that demand immediate attention on-sitc, BWM will respond as soon as possible. L04 tj LA mom EXHIBIT E CERTIFICATE OF LIABILITY INSURANCE CITY OF ROUND ROCK Old Settlers Park at Palm Valley Sports Complex Improvement Project Round Rock - Old Settlers Park Exhibit E Schnckel. Rollins and Associates, Inc. 1459i Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER McLaughlin Brunson Insurance Agency, LLP 9535 Forest Lane, #1 IS, Dallas, Texas 75243 INSURED SCIIRICKEL, ROLLINS & ASSOCIATES, INC 1161 CORPORATE DRINTE W, 4200 ARLINGTON, TX 76006 1011712006 Dale: COINIPANIES AFFORDING COVERAGE A XL Specialty Insurance, Company (A+ XV) ril re- rc THIS IS TO CERTIFY JJIAT the Insured named above is insured by the Companies listed above tvith respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE A PROMSSIONV, UABILI'11- DPR9416344 12/22/2005 11122/2006 LIMITS 51,000,000 Per Claim/ 52,000,000 Aggregate DESCRII-1910N OF SPFCIAL r11MS/1--'XCEly!'l0NNS The claims made professional liability coverage is the total aggregate limit for all claims presented within the Policy period and is subject to a deductible. Should any of the above described policies be cancelled or cNinged before the expiration date thereof, the issuing, cornpirty, will snail dart(ata) da lis written notice to the certificate holder named beloxs. y CERTIFICATE HOLDER: Cit.v of Round Rock 2211- MainStreet Rotind RcxK, Tems 78664 ann: Chistme Martinez- City Secretaii SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed il,-'ame: JQF A. BRYPONT Title: AGENT Rev'd 2l0f03-Prof