R-08-01-24-10B1 - 1/24/2008 RESOLUTION NO. R-08-01-24-10B1
WHEREAS, the City of Round Rock desires to retain professional
architectural services for the design and remodel of the City Hall
Building located at 221 East Main Street and the office building
located at 231 East Main Street, and
WHEREAS, KA Hickman Architects & Interior Designers has submitted
a Standard Form of Agreement Between Owner and Architect with Standard
Form of Architect' s Services ( "Agreement" ) , and Supplemental Agreement
No. 1 to provide said services, and
WHEREAS, the City Council desires to enter into said Agreement,
and Supplemental Agreement No. 1 with KA Hickman Architects & Interior
Designers, 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 a Standard Form of Agreement Between Owner and
Architect with Standard Form of Architect' s Services, and Supplemental
Agreement No. 1 with KA Hickman Architects & Interior Designers for the
design and remodel of the City Hall Building located at 221 East Main
Street and the office building located at 231 East Main Street, 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
0:\wdox\RESOLUTI\RB0124B1.WPD/rmc
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
RESOLVED this 24th day of January, 08 .
NY ELL, Mayor
Cit Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
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Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
AIA Document 13141 - 1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of
Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the (_�day of the month of in the year Two Thousand
Eight.
an words,indicate day,month and year.)
BETWEEN the Architect's client identified as the Owner:
(Name,address and other information.)
City of Round Rock
221 East Main Street
Round Rock,Williamson and Travis Counties Texas 78664
AIA DOCUMENT B141-STANDARD FORM AGREEMENT-1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.WARNING: Unlicensed photocopying violates
U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission ofthe AIA and
can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1997
Page#1
00128044/jkg
EXHIBIT
"An
and the Architect:
(Name,address and other information.)
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock Texas 78664
For the following Project:
(Include detailed description of Project.)
Complete master planning and assessment for the following facilities: existing three-story office building located at 221 East
Main Street currently housing the Round Rock City Hall_and existing two-story office building located at 231 East Main Street
recently purchased by the City- and master planning for the following facility existing multi-level parking garage cutreaft
owned by the City. Professional services for this Project shall include Assessment Phase Programming Phase and Construction
Phase
The Owner and Architect agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as'not applicable," "unknown at
time of execution"or"to be determined later by mutual agreement.')
Architect shall be responsible in the Assessment Phase for preparing a technical analysis of the three referenced structures
utilizing KA Hickman Architects&Interior Designers for the Architectural portions PPDS for the Interior Design portions
ESA for the Mechanical. Electrical and Plumbing portions and Austech Roofing Consultants for the Roofrngportions
Specific reouirements are contained in Exhibit"A"incorporated herein by reference
Architect shall be responsible in the Programming Phase for gathering necessary information and conducting appropriate
workshops and development meetings in order to prepare a complete accurately assessed and designed Project,utilizing KA
Hickman Architects&Interior Designers for the Architectural portions PPDS for the Interior Design portions and Elert&
Associates for the Technology Consulting portions Speck requirements are contained in Exhibit"A"
Architect shall be responsible in the Construction Phase for the Scope of Work delineated in Exhibit"A" utilizing KA
Hickman Architects & Interior Designers for the Architectural portions PPDS for the Interior Design and Furniture
portions,ESA for the Mechanical Electrical and Plumbing portions and Elert&Associates for the Technology Consulting
rtions.
Architect shall not be responsible under this Agreement,for the following additional services: geotechnical services for
soils reports,structural services,civil services landscape services,parking garage analysis and site analysis
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe,if appropriate,proposed use or goals.)
To secure the Architect's services related to complete master planning and assessment for the referenced three structures in
order to incorporate the buildings into a cohesive physical center to house a portion of the City of Round Rock's business
and administrative operations.
1.1.2.2 The physical parameters are:
(Identify or describe,if appropriate,size,location,dimensions,or other pertinent information,such as geotechnical reports about the site.)
1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
See Paragraph 1.1.1 herein.
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1.1.2.4 The legal parameters are:
(Identify pertinent legal information,including,if appropriate,land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters areas follows:
1. Amount of the Owner's overall budget for the Project,including the Architect's compensation,is:
Owner's overall budget for the Project is unknown at this time and is to be developed and approved in conjunction with
receipt of information garnered from the performance of this Agreement Architect's total compensation for delineated
services shall not exceed the sum of One Hundred Eighty Thousand and No/100 Dollars($180,000.00).plus Reimbursable
Expenses in an amount not to exceed Eight Thousand Five Hundred and No/100 Dollars ($8.500.00). C ustomm
reimbursable expenses include reproMphic fees shipping and delivery fees supplies associated with the Project final
documents, meals in conjunction with workshops reproduction of existing construction documents ADA review of
construction documents,and other similar expenses
Assessment Phase $32,225.00
Programming Phase $42,775.00
Construction Phase $105.000.00
TOTAL $180,000.00
1.1.2.6 The time parameters are:
(Idents,if appropriate,milestone dates,durations or fast track scheduling.)
Services hereunder shall commence immediately upon receipt by Architect of this executed Agreement Completion shall
be not later than twelve(12)months from date of execution of this Agreement Other time parameters or adjustments to
time parameters may be determined at a later date by mutual agreement of the parties hereto
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 such as architectural planning will be engaged by negotiated contract The general contractor for
construction will be selected by competitive bidding or other statutorily-allowed alternate dehvery method
1.1.2.8 Other parameters are:
(Idents special characteristics or needs of the Project such as energy,environmental or historic preservation requirements.)
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
(List name,address and other information)
Larry Madsen
Liaison Construction Manager
2008 Enterprise
Round Rock.Texas 78664
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the
Architect's submittals to the Owner are:
(List name,address and other information.)
Jim Nuse
City Manager
221 East Main Street
Round Rock Texas 78664
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1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and,if known,identify them by name and address.)
1.1.3.4 The Architect's Designated Representative is:
(List name,address and other information)
Keith A.Hickman
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and,if known,identify them by name and address)
Architectural Services by KA Hickman Architects&Interior Designers
Interior Design Services by PPDS
MEP Engineering by ESA
Roo"Consulting by Austech Roofing Consultants
Technology Consulting by Elert&Associates
Upon execution of this Agreement Architect agrees that it will submit to City within ten (10)days a list of all additional
consultants it intends to utilize not previously identified in Architect's proposal delineating their respective tasks All of
Architect's consultants shall be subject to the approval of City.and City reserves the right to reject M consultant
1.1.4 Other important initial information is:
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 A201eumnt as of the date of this Agreement;OF as follows'.
as modified between Owner and Contractor. Architect's responsibility to provide services for the construction phase under
this Agreement commences with the award of the contract for construction and terminates at the issuance to Owner of the
final certificate for payment. Duties responsibilities and limitations of authority of Architect shall not be restricted.
modified or extended without written agreement of Owner and Architect with consent of Contractor,which consent shall not
be unreasonably withheld. Architect consents to the modifications of AIA Document A201 General Conditions of the
Contract for Construction.between Owner and Contractor.
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation
. Owner agrees to negotiate compensation to Architect as Additional Services
for time Owner directs Architect to spend at the jobsite beyond the contracted construction period
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule compensation and
Change in Services shall be effected only by Supplemental Agreement hereto Any such Supplemental Agreement to this
contract must be duly authorized by Cty Council resolution or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Architect shall fully cooperate with one another to fulfill all of their respective obligations required
under this Agreement. Both parties shall endeavor during the full term hereof 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 the Architect,within 15 days after receipt
of a written request,information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights.
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1.2.2.2 The Owner-shall pefiediea4 update the budget fer-the Prejee�ineluding dial peffien allocated for the Cest of the
Cest of the Wedi;or eefffingeneies ineluded in the evefall budget OF a peFfien of the budgetwithout the agmmeat of the
AreMeet tee .din ..change in the Prejea scope and ..i:ti. '
The Owner shall establish and periodically update the budget for the Project,including that portion allocated for the Cost of
the Work.Owner's other costs,and reasonable contingencies related to all costs
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's
behalf with respect to the Project.The Owner or the Owner's Designated Representative shall render decisions in a timely
manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by the Architect 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,the Owner shall furnish or nay 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 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 The Owne Each party shall provide prompt written notice to the Arehitee other if the Ownef either becomes
aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments
of Service.
1.2.2.8 Owner shall furnish, or direct Architect to obtain at Owner's expense a certified survey of the site giving, as
required grades and lines of streets alleys pavements and adjoining property• rights-of way restrictions easements
encroachments,zoning,deed restrictions boundaries contours and other data pertaining to existingbuildings uildin s or adjacent to
the site,other improvements and trees,and full information as to available service and utility lines both public and private
and test borings,pits,reports and soil bearing values and other necessary operations for determining subsoil conditions
1.2.2.9 Owner will furnish building permits without charge Electrical plumbing and other trade permits will be the
resppnsibihty of the construction contractor. Any cbarges which may be assessed for tap fees will be paid by Owner and are
not to be included by Architect in the spec cations for the Project However Owner agrees to reimburse Architect the
actual costs of review fees associated with Texas Building Accessibility reviews
1.2.2.10 Owner will provide Architect with miscellaneous items such as the Proiect Facility Program two(2)copies of the
City of Round Rock General and Supplementary Conditions for Building Constriction. Instructions to BiddersProposal
Forms. Wage Rates Contract and Bond Forms Bid Advertisement Forin,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
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect,Architect's employees and Architect's consultants 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.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the
Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which
shall may be adjusted,if necessary and approved by Owner,as the Project proceeds.This schedule shall include allowances
for periods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of
submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the
Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner.
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1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's
behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the
Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or
prevent the Architect from establishing a claim or defense in an adjudicatory proceeding.The Architect shall require of the
Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as
confidential by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept arty
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment
with respect to this Project.
1.2.3.6 The Architect shall review laws,codes,and regulations applicable to the Architect's services.The Architect shall
respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the
Project.
1.2.3.7 The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by the Owner. 'r'h-.-.�e n,-ohitt Each party shall provide prompt written notice to the Owner other if the Archifee
either becomes aware of any errors,omissions or inconsistencies in such services or information.
ARTICLE 1.3 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 the
Owner of all elements of the Project designed or specified by the Architect
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by
the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or contractor, a
for Contractor's overhead and profit. in addition;a reasonable allowaRee&r-eentinge
..r n be ineluded for market eemlitions at the tk%e of bidding and for ehanges in the W
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,the costs
of the land,rights-of-way and financing or other costs that are the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings,specifications and other documents, including those in electronic form,prepared by the Architect and
the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Arehiteo and
All Architect's designs and work product under this
Agreement including but not limited to Tracings Drawings Estimates Smifications Investigations. Studies and other
documents, completed or partially completed shall be the property of Owner, to be used as Owner desires without
restriction on future use:by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement.Architect hereby conveys transfers and assigns to Owner all rights under the Federal Copyright Act of 1476(or
any successor copyright statute) as amended all common law copyrights and all other intellectual property rights
acknowledged by law in the Project designs and work product developed under this Agreement Copies may be retained by
Architect. Architect shall be liable to Owner for arty loss or damage to aff such documents while they are in the possession
of or while being worked upon by Architect or arryone connected with Architect including agents employees consultants or
subcontractors All documents so lost or damaged shall be replaced or restored by Architect without cost to Owner.
1.3.2.2 Upon execution of this Agreement,the Architect grants to the Owner nenexelusive keense permission to reproduce
the Architect's Instruments of Service sal*for purposes of constructing,using and maintaining the Project,provided that
the Owner shall comply with all obligations,including prompt payment of all sums when due,under this Agreement. The
Architect shall obtain similar nonexclusive heenses permission from the Architect's consultants consistent with this
Agreement. Amy temAnation of this Agreement pr-ieF to eempletien of the PFojec4 sW1 teffninate this heense. Upon sue
If and upon
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the date the Architect is adjudged in default of this Agreement, the foregoing Wense shall be deemed tefraipated and
the 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 solely for the purposes of completing,using and maintaining the Project.
1.3.2.3 Ex6ept for the liceBses gFanted in Subparagraph 1.3.2.2, Re other lieeflse or right shall be deefRed gmated o
implied undef this Agfeement. The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any heense
permission granted herein to another party without the prior written agreement of the Architect.However,the 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
. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is Wrmitted. not to be constmed as pubheation
demgatien of the resewed fights of the Arehiteet and the Afebiteet's eenstiltants. The Owner shall fief use the lnsfd�nts_
agree nt of the Ambiteet and the " '' unauthorized use of the Instruments nstnunents of Service shall be at
the Owner's sole risk and without liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing
to the Architect any electronic data for incorporation into the Instruments of Service,the Owner and the Architect 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 of h6onses not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Architect 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. Architect 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_Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual asbuilt
conditions as provided by the General Contractor. Compensation therefor will be at standard hourly rates or re-negotiated as
a fixed amount at that time.
1.3.2.7 Architect shall have no liability for changes made to the drawings by other architects subsequent to the completion
of the Project. Any such change shall be sealed by the architect 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 the Architect, including services required of the Architect's consultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if
Subpafagf-aph 1.3,3.2. in the absefwe of ffmtual egfeement in wFWag,the Afebiteet shall notify the Owmr-prior-fe prep�4di
sueh serWees. If the Owfter deems dvit all OF a pan of sueh Change in SepAees is net requiFed;the Owner-shall give pfemp
wr-itten notiee io the Afeliiteet;and the Afebiteet shah have no obli�oa to pFavide these sewiees. Ex-eept for-a ohm"—
. It
is expressly understood and agreed by and between the parties hereto that am alteration in schedule compensation and
Change in Services shall be effected only by Supplemental Agreement hereto Any such Supplemental Agreement to this
contract must be duly authorized by City Council resolution or City Manager action. It is expressly agreed by the parties
that,as to services hereunder,the total sum of$180.000-00 plus authorized reimbursable expenses not to exceed the total
sum of$8.500.00 shall represent the absolute limit of Owner's liability to Architect unless same shall be changed by
Supplemental Agreement hereto.
.1 eharige in the iftstfustions OF approvals given by the Owner-that awessitate FeN4siens in lastmmepAs of SeFVL-e;
7
.3 deeisions of the Owner-net r-ender-ed in a timely miumer-,
pe&Fffmme on theYa ,
•whefe the AfeWteet is a „:.,thefet
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation If such
matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance
with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation Of*
arb4Fatieit
1.3.4.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by
mediation
Rides of h " n "fbik'tion A.......is fi ntl
Mediation y in_a-` Request for mediation shall be filed in writing
with the other party to this Agreement
mediation shall proceed in advance of athitf 6e$
of legal or equitable proceedings,which shall be stayed pending mediation for a period of 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 arry court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Awf elaim, dispute OF ether-matter in question arising ota of of:felated to this Agfeement sh" be stibject ie-
i.3.4..
1.3.5.2 Chaiins, disputes and other-matters in question between the parti s A&afe not Feseh,ed by me"en shaR be
filed in writing with the O.0 F pany to this Agreement and m4th the Ainerioan Afbibution Asseeitifien.
has aFisen. In no ewal shall the dentand be nwde afteF the date when 4wfimfieft of kto or-equitable pfeeeedings based e
manner-, an additional person or-ea* not a party to this AgfeefnerA; emeept by wfi#m conserA eentaining a speeifie
dispute or-other.matter-in question not deseribed in the writwa eensent er with a pefson of entity not named or-described
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1.3.5.5 The awafd rendered by the afbilffktor-of afbitfateFs s1WI be final, and judgment may be entered upen it i
1.3.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect 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,Architect
consents to be joined in the arbitration proceeding if Architect'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 The Architect and the 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
pr,evided in Pamgfaph 1.4.2 laws of the state of Texas,and venue shall lie in Williamson County,Texas
1.3.7.2 Terms in this Agreement shall have the sante 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 the Architect's services are substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction,the Owner and the Architect 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 as modified between Owner and
Contractor. The Owner or the Architect,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 the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement,the Architect and Architect's consultants 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 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Arcbitecfs materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the speck
information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project.
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such
9
other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this
Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect inaceerdan substantial compliance with this Agreement
such failure shall mgy be considered substantial nonperformance and cause for teFminafioa of, at the AfeWteet's option,
cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,prior to
suspension of services, the Architect shall give sever fifteen(15)days' written notice to the Owner. In the event of a
suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of
such suspension of services. Before resuming services, the Architect shall be paid all non-disputed sums due prior to
suspensionexpenses ma the a fi f the � �' The Architect's f
for ...�....., ..,, ;,. :.,.�_............. r ter fees
the remaining services and the time schedules shall be equitably adjusted.
1.3-8.2 If the PFejeet is suspended by the OwneF fOF HIM than 30 eenseet",e days,the Amhkeet shyAl be compensated
1.3.8.3 If the Pfeject is suspended or the AFehiteWs serviees afe suspended for.more than 90 consecutive days,the
s"m by
1.3.8-.4 This AgFeeffient may be teRninated by either-party upen not Less than seven days'written netiee sheuld the oth
pai4j,fail substaiWally to pe&Fm in aceeFdame with the fefins of this AgFeement thmugh no foult ef the paFty initiating the
termittatien:
1.3.8-.5 This Agfeement may be tefminated by the Owner upon not less than seven days'wFitten:netiee to the Afehitee!
for the Owner's eem,enienee and without eause.
peffenned pFier to tempAnationq tegetker-widt Reinibufsable Expenses then due and all Tennination Expenses as defined i
SHbpaEagfaph 1.3.8.7.-
1.3.8.7
o7
1.3.8.2 In connection with the work outlined in this Agreement.it is agreed and fully understood by Architect that Owner
M caravel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience
of Owner upon fifteen(15)days'written notice to Architect,with the understanding that immediately upon receipt of said
notice all work and labor being performed under this Agreement shall cease Architect 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 All plans field
surveys.maps.cross sections and other data.designs and work related to the Project shall become the propegr y of Owner
upon termination of this Agreement. and shall be pmopW ly delivered to Owner in a reasonably organizgd form without
restriction on future use Should Owner subsequently contract with a new architect for continuation of services on the
Proiect.Architect shall cooperate in providing information.
1.3.&3 Nothing contained in Section 1.3.8.2 imme iately above shall require Owner to Vay 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 Architect when Architect is in default under this
contract,nor shall this section constitute a waiver of any right at law or at equity,which Owner may have if Architect is in
default,including the right to bring legal action for damages or to force speck performance of this Agreement.
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on
10
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 the Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred
by the Architect and Architect'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;
.3 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service;
A expense ef oveftime weFk fequk4ng bighef than regtdar fates if authefized in advanee by the Owner-,
.5 fendefings,medels mW fRock ups feqt+ested by the Owner-,
.6 expense of pfefessiefW liability insufame dedieated exelusively te this Pfejee4 OF the expense ef additional
Rge or lifnits requested by the Owner in emeess of that nofmally eaffied by the AFehiteet and the
.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 services performed on
the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to Owner or Owner's authorized
representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and
similar contributions.
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
the Owner and the Architect 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 Architect.This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA
Document B 141-1997 as herein amended
2 Standard FeFm of Am-hiteot's Sefviees: Design and Gefamet Adniinis&wtien; Ahk Document B141 1997, or-as
€ellewsi
(List other documents, if any,delineating Architect's scope of services)
1.4.1.3 Other documents as follows:
(List other documents,if any,forming part of the Agreement.)
"Supplemental Agreement No. I"supplementing Standard Form of Agreement Between Owner and Architect with Standard
Form of Architect's Services AIA Document B141-1997
1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows:
It is expressly understood and agreed by and between the parties hereto that Architect shall be solely responsible for ensuring
that the Proiect meets all pre-construction construction and post-con tmtion requirements imposed by the American
11
Disability Act which are in force and effect during the preparation of Construction Documents by Architect
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described herein,compensation shall be computed as follows:
Architect's total compensation for services hereunder shall not exceed the sum of $180,000.00 established herein plus
authorized reimbursable expenses in a sum not to exceed$8,500.00,which sum for reimbursable expenses shall include the
actual costs of such items as are delineated in Paragraph 1.3.9.2 herein
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1,the Architect's compensation may
be adjusted Such adjustment shall be calculated as described below or-, if He raethed of adjuAaew is indioated in flii
Ph 1.5.2, aiiequitable..
s r
(Insert basis of compensation,including rates and multiples of Direct Personnel Expense for Principals and employees,and
idents 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 the Architect's consultants,compensation shall be computed as a multiple of one(1.00)
times the amounts billed to the Architect 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
the Architect,and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses,if any,are as follows:
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement
shall be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero and No/100 Dollars($0.00)shall be made upon execution of this Agreement and is the
minimum payment under this Agreement.It shall be credited to the Owner's account at final 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 thirty (,30)days from the date of the Architect's invoice,or not later than the time
period required under the Texas Prompt Payment Act whichever is later. Non-di52uted 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 the Architect.
(Insert rate of interest agreed upon)
One and one-half percent(1 '/2%)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 Architects 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.)
..uas=ar=.=•c�
12
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF ROUND ROCK,TEXAS KA HICKMAN ARCHITECTS&INTERIOR
DESIGNERS
Nyle Maxwell,Mayor K ith A.Hickman AI�Primcii, pal
ATTEST:
Sara L.White,City Secretary
FOR CITY,APPROVED AS TO FORM:
Stephan L.Sheets,City Attorney
13
EXHIBIT"A"
SCOPE OF SERVICES
I. Assessment Phase. Architect shall provide the following Assessment Phase Services:
Preparation of a technical analysis of the currently occupied three-story facility located at 221
East Main Street, the recently purchased adjacent two-story facility located at 231 East Main
Street(to be incorporated into a cohesive physical center to house a portion of the City's business
and administrative operations),and the existing parking garage.
The following consultants and scope requirements are included within the Assessment Phase:
(A) Architectural -KA Hickman Architects&Interior Designers
(1) Act as Owner representative;
(2) Be responsible for coordination of consultants;
(3) Act as Architect of Record;
(4) Conduct all necessary Code research.
(B) Interior Design-PPDS
(1) Field verify Building A and Building B (existing partitions, doors, millwork,
plumbing,lighting,electrical and special architectural details);
(2) Create AutoCAD files;
(3) Agree that area calculations will be provided for each suite and common areas,
and that area building tabulations will be based on BOMA measuring methods.
(C) Mechanical,Electrical and Plumbing-ESA
(1) Agree that a report prepared by McComis Inspections, Inc. for the two-story
facility located at 231 East Main Street has been received and evaluated for
usefulness while preparing the Scope of Work;
(2) Perform heating and cooling load analysis;
(3) Perform electrical load analysis;
(4) Delineate comfort and electrical distribution deficiencies;
(5) Perform primary utility service analysis;
(6) Report on equipment condition;
(7) Assess system suitability for future service;
(8) Prepare mechanical/plumbing ADA issues report;
(9) Perform indoor air quality analysis.
(D) Roofing-Austech Roofing Consultants
(1) Make initial review and roof examination to include:
(a) Review plans and other documents related to roof,as provided by Owner;
(b) Interview Owner personnel regarding roof condition, roof history, and
current leakage;
14
(c) Visit site and examine visible roof components, making written notes and
taking photographs.
(2) Make evaluation and report of findings to include:
(a) General description of condition of roof and flashings'-
(b)
ashings;(b) Listing of visible deficiencies and consultant's comments;
(c) Recommendations,
(d) Estimated probable cost to accomplish repair or replacement;
(e) Photographs;
(3) Agree that the survey does not include wind uplift, fire resistance testing, or
analysis.
(4) Take watertesting or moisture survey.
(E) Exclusions from Assessment Phase
(1) Soils reports;
(2) Structural services;
(3) Civil services;
(4) Landscape services;
(5) Parking garage analysis;
(6) Site analysis.
TOTAL OF FEES FOR ASSESSMENT PHASE $32,225.00
II. Programming Phase. Architect shall provide the following Programming Phase Services:
(A) Make all necessary inquiries to facilitate the required collection of information to prepare
a complete, accurately assessed and designed Project;
(B) Agree that the Programming Phase is based on a$10 million ultimate build-out(based on
current dollars)over the next ten years;
(C) Take input from workshops and design committee input to develop a prioritized set of
goals and objectives for the future of the City's business offices;
(D) Utilize the vision documented in the Round Rock General Plan 2000 (adopted June 10,
1999)to adhere to the identified Goals and Objectives;
(E) Conduct three (3) planning and design workshops with client-identified participants to
determine specific goals for the Project, with Session 1 to be termed Introductory
Session, Session 2 to be termed Topic-based Workshops, and Session 3 to be termed
Summary Workshops;
(F) Summarize work accomplished and conclusions drawn from the workshops in a
presentation notebook of facility design guidelines to be used as a basis for changes to the
facility for the twenty-year plan.
The following consultants and scope requirements are included within the Programming Phase:
(A) Architectural -KA Hickman Architects&Interior Designers
15
(1) Coordinate workshops;
(2) Compile information form workshops;
(3) Interview City personnel;
(4) Facilitate workshops;
(5) Correspond with Owner;
(6) Prepare Master Plan documents.
(B) Interior Design-PPDS
(1) Attend three programming workshops with Development Team and Round Rock
City Hall Executive Committee to establish primary department needs(including
current and 20-year growth projections), adjacencies, furniture system needs and
cost analysis,special equipment,IT,and audio/visual needs;
(2) Attend follow-up meetings with Development Team to compile information
gathered during workshops;
(3) Collaborate and assist as needed in development of Master Plan documentation
for Executive Committee review.
(C) Technology Consulting-Elert&Associates
(l) Assist Architect with initial meetings with Owner representatives relating to
specific technology needs for the Project;
(2) Make a preliminary site visit with Architect and, if determined and directed by
Architect,assist at a maximum of three all-day workshops;
(3) Review organizational chart provided by Architect and assist in recommending
specific participation by City departments relating to information-gathering for
systems to be included in the program and scope;
(4) Agree that the systems to be programmed may include building security
intrusion/access control/CCTV, VoIP telephone, premise cabling, data
network/data center,and fiber optic connectivity;
(5) Agree that the intent of the initial discovery and programming process is to
determine what technology systems and scope will need to be developed and
included in the completed Project, and to what extent same will be included in
the Project budget;
(6) Establish which systems,if any,City intends to provide or fund elsewhere;
(7) Agree that its deliverable will be an 8.5x11" written document outlining the
technology program requirements, along with preliminary "order of magnitude"
budgets.
TOTAL OF FEES FOR PROGRAMMING PHASE $42,775.00
III. Construction Phase. Architect shall provide the following Construction Phase Services:
(A) Assume the estimated construction cost for the first phase of construction is
approximately $1.5 million;
(B) Assume interior finish-out only, with no exterior work and no work on the existing
parking garage;
16
(C) Assume inclusion of furniture selections and bidding;
(D) Assume exclusion of structural work;
(E) Assume the allowance for technology consulting and design is $25,000.00 included in
Architect's fee herein.
The following consultants and scope requirements are included within the Construction Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Project coordinator;
(2) Architect of record;
(3) Interior design;
(4) Specifications;
(5) Construction documents;
(6) Bidding;
(7) On-site project observation.
(B) Interior Design and Furniture-PPDS
(1) Interior design;
(2) Color selections;
(3) Furniture selections;
(4) Construction documents;
(5) Specifications;
(6) On-site project observation.
(C) Mechanical,electrical,plumbing Engineering-ESA
(1) Mechanical,electrical, and plumbing design;
(2) Construction documents;
(3) Specifications.
(D) Technology Consulting-Elert&Associates
(1) Technology design for data systems;
(2) Allowance only for fee calculations(may vary with scope).
TOTAL OF FEES FOR CONSTRUCTION PHASE $105,000.00
TOTAL OF FEES FOR ALL PHASES $180,000.00
17
SUPPLEMENTAL AGREEMENT NO. 1
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
This document is entitled Supplemental Agreement No. 1, and it supplements Standard Form of
Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA Document
B141-1997,for the following Project:
Complete master planning and assessment for the following facilities: existing three-story
office building located at 221 East Main Street currently housing the Round Rock City
Hall, and existing two-story office building located at 231 East Main Street recently
purchased by the City; and master planning for the following facility: existing multi-level
parking garage currently owned by the City. Professional services for this Project shall
include Assessment Phase,Programming Phase,and Construction Phase,
all as are more specifically identified and described in the accompanying AIA Document
B141-1997.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements, that being the day of 1 2008, and likewise is by
and between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal
corporation of Williamson and Travis Counties,Texas(hereinafter referred to as"City"and/or"Owner")
and KA HICKMAN ARCHITECTS& INTERIOR DESIGNERS,with offices located at 1517 East Palm
Valley Boulevard,Round Rock,Texas,78664(hereinafter referred to as"Architect").
WITNESSETH:
WHEREAS, as is recited in the Agreement this document supplements, City intends to design
and construct the described project(hereinafter called the"Project"). Architect's services are desired for
purposes including but not limited to planning, architectural, design, mechanical/electrical/plumbing
engineering services, document production, and construction services related to the Project. Total
compensation for Architect's services under this Agreement shall not exceed the following: $180,000.00,
plus reimbursable expenses in an amount not to exceed$8,500.00.
WHEREAS, as is recited in the Agreement this document supplements, City desires to contract
with Architect for the delineated professional services in connection with design and construction of the
Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or will
budget therefor;and
WHEREAS, as is stipulated in the Agreement this document supplements, Architect has agreed
to provide such professional services for the compensation delineated previously and herein;
00128108/jkg
I
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions contained in the Agreement this document supplements and herein,hereby agree as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in this Agreement.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as
recited in Paragraph 1.1.2.5 of accompanying AIA Document B141-1997.
Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly
authorized by City Council Resolution or City Manager action, Architect's total compensation hereunder
shall not exceed $180,000.00, plus a not-to-exceed amount of $8,500.00 for approved Reimbursable
Expenses. These amounts represent the absolute limit of City's liability to Architect under this
Agreement, unless same shall be changed by additional Supplemental Agreement hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. Architect's Basic Services consist generally of the phases described below, and
include complete planning, architectural, design, mechanicaUelectricaUplumbing engineering services,
document production, and construction services, and such other services as may be necessary to assist the
City in the design and construction of the Project, within the limits the 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. Architect agrees that upon execution of this Agreement, it will submit to City
within ten (10) days a list of all additional consultants it intends to utilize, not previously identified in
Architect's proposal, delineating their respective tasks. All of Architect's consultants shall be subject to
the approval of the City through its City Manager, and City reserves the right to reject any consultant.
Architect shall perform all work hereunder in a manner satisfactory and acceptable to the City,
represented by its City Manager or his designee, hereinafter referred to as "Director." A Performance
Schedule shall be agreed to by Architect and Director, and Architect agrees to use its best efforts to
complete all services hereunder in accordance with such Performance Schedule. All services shall be
performed to the highest professional standard.
2.02 Assessment Phase. Architect shall provide the following Assessment Phase Services:
Preparation of a technical analysis of the currently occupied three-story facility located at 221
East Main Street, the recently purchased adjacent two-story facility located at 231 East Main
Street(to be incorporated into a cohesive physical center to house a portion of the City's business
and administrative operations),and the existing parking garage.
The following consultants and scope requirements are included within the Assessment Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
2
(1) Act as Owner representative;
(2) Be responsible for coordination of consultants;
(3) Act as Architect of Record;
(4) Conduct all necessary Code research.
(B) Interior Design-PPDS
(1) Field verify Building A and Building B (existing partitions, doors, millwork,
plumbing, lighting,electrical and special architectural details);
(2) Create AutoCAD files;
(3) Agree that area calculations will be provided for each suite and common areas,
and that area building tabulations will be based on BOMA measuring methods.
(C) Mechanical,Electrical and Plumbing-ESA
(1) Agree that a report prepared by McComis Inspections, Inc. for the two-story
facility located at 231 East Main Street has been received and evaluated for
usefulness while preparing the Scope of Work;
(2) Perform heating and cooling load analysis;
(3) Perform electrical load analysis;
(4) Delineate comfort and electrical distribution deficiencies;
(5) Perform primary utility service analysis;
(6) Report on equipment condition;
(7) Assess system suitability for future service,
(8) Prepare mechanical/plumbing ADA issues report;
(9) Perform indoor air quality analysis.
(D) Roofing-Austech Roofing Consultants
(1) Make initial review and roof examination to include:
(a) Review plans and other documents related to roof,as provided by Owner;
(b) Interview Owner personnel regarding roof condition, roof history, and
current leakage;
(c) Visit site and examine visible roof components, making written notes and
taking photographs.
(2) Make evaluation and report of findings to include:
(a) General description of condition of roof and flashings;
(b) Listing of visible deficiencies and consultant's comments;
(c) Recommendations;
(d) Estimated probable cost to accomplish repair or replacement;
(e) Photographs;
(3) Agree that the survey does not include wind uplift, fire resistance testing, or
analysis.
(4) Take watertesting or moisture survey.
(E) Exclusions from Assessment Phase
(1) Soils reports;
(2) Structural services;
3
(3) Civil services;
(4) Landscape services;
(5) Parking garage analysis;
(6) Site analysis.
TOTAL OF FEES FOR ASSESSMENT PHASE $32,225.00
2.03 Programming Phase. Architect shall provide the following Programming Phase Services:
(A) Make all necessary inquiries to facilitate the required collection of information to prepare
a complete,accurately assessed and designed Project;
(B) Agree that the Programming Phase is based on a$10 million ultimate build-out(based on
current dollars)over the next ten years;
(C) Take input from workshops and design committee input to develop a prioritized set of
goals and objectives for the future of the City's business offices;
(D) Utilize the vision documented in the Round Rock General Plan 2000 (adopted June 10,
1999)to adhere to the identified Goals and Objectives;
(E) Conduct three (3) planning and design workshops with client-identified participants to
determine specific goals for the Project, with Session 1 to be termed Introductory
Session, Session 2 to be termed Topic-based Workshops, and Session 3 to be termed
Summary Workshops;
(F) Summarize work accomplished and conclusions drawn from the workshops in a
presentation notebook of facility design guidelines to be used as a basis for changes to the
facility for the twenty-year plan.
The following consultants and scope requirements are included within the Programming Phase:
(A) Architectural -KA Hickman Architects&Interior Designers
(1) Coordinate workshops;
(2) Compile information form workshops;
(3) Interview City personnel;
(4) Facilitate workshops;
(5) Correspond with Owner;
(6) Prepare Master Plan documents.
(B) Interior Design-PPDS
(1) Attend three programming workshops with Development Team and Round Rock
City Hall Executive Committee to establish primary department needs(including
current and 20-year growth projections), adjacencies, furniture system needs and
cost analysis, special equipment,IT,and audio/visual needs;
(2) Attend follow-up meetings with Development Team to compile information
gathered during workshops;
4
(3) Collaborate and assist as needed in development of Master Plan documentation
for Executive Committee review.
(C) Technology Consulting-Elert&Associates
(1) Assist Architect with initial meetings with Owner representatives relating to
specific technology needs for the Project;
(2) Make a preliminary site visit with Architect and, if determined and directed by
Architect, assist at a maximum of three all-day workshops;
(3) Review organizational chart provided by Architect and assist in recommending
specific participation by City departments relating to information-gathering for
systems to be included in the program and scope;
(4) Agree that the systems to be programmed may include building security
intrusion/access control/CCTV, VoIP telephone, premise cabling, data
network/data center,and fiber optic connectivity;
(5) Agree that the intent of the initial discovery and programming process is to
determine what technology systems and scope will need to be developed and
included in the completed Project, and to what extent same will be included in
the Project budget;
(6) Establish which systems, if any,City intends to provide or fund elsewhere;
(7) Agree that its deliverable will be an 8.5x11" written document outlining the
technology program requirements, along with preliminary "order of magnitude"
budgets.
TOTAL OF FEES FOR PROGRAMMING PHASE $42,775.00
2.04 Construction Phase. Architect shall provide the following Construction Phase Services:
(A) Assume the estimated construction cost for the first phase of construction is
approximately $1.5 million;
(B) Assume interior finish-out only, with no exterior work and no work on the existing
parking garage;
(C) Assume inclusion of furniture selections and bidding;
(D) Assume exclusion of structural work;
(E) Assume the allowance for technology consulting and design is $25,000.00 included in
Architect's fee herein.
The following consultants and scope requirements are included within the Construction Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Project coordinator;
(2) Architect of record;
(3) Interior design;
(4) Specifications;
5
(5) Construction documents;
(6) Bidding;
(7) On-site project observation.
(B) Interior Design and Furniture-PPDS
(1) Interior design;
(2) Color selections;
(3) Furniture selections;
(4) Construction documents;
(5) Specifications;
(6) On-site project observation.
(C) Mechanical,electrical,plumbing Engineering-ESA
(1) Mechanical, electrical,and plumbing design;
(2) Construction documents;
(3) Specifications.
(D) Technology Consulting-Elert&Associates
(1) Technology design for data systems;
(2) Allowance only for fee calculations(may vary with scope).
TOTAL OF FEES FOR CONSTRUCTION PHASE $105,000.00
TOTAL OF FEES FOR ALL PHASES $180,000.00
2.05 Project Representation Beyond Basic Services. In the event that circumstances should develop
whereby additional representation on the Project is required, the conditions under which such
representation shall be furnished and the Project Representatives selected,employed and directed shall be
governed by an additional written Supplemental Agreement between City and Architect.
2.06 Additional Services. Architect shall perform Additional Services, as requested by City, after a
not-to-exceed amount has been mutually agreed upon in writing by Director and Architect. Where City
Council or City Manager authorization is required, Architect shall not proceed until the appropriate
Resolution or directive for such Additional Services has been delivered. The following services are not
covered under Article II,which defines and outlines Architect's Basic Services. If any of these Additional
Services are authorized in writing by Director 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 the City. If
changes are required to be made because of error, oversight, clarification, discrepancy, or
budget overruns in the work of Architect, City shall not be liable to compensate Architect
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 may be required
6
in connection with the replacement of such work, unless damage was the result of
Architect'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.
Geotechnical services can be provided by Architect for further soils reports to determine exact
conditions of existing soil, including under and around the parking garage, and preliminary pricing has
been researched for reference by City.
Civil services can be provided by Architect to determine existing conditions of exterior paving,
sidewalks and elevations,and preliminary pricing has been researched for reference by City.
Structural services can be provided by Architect for analysis of the parking garage and existing
buildings to determine interior and exterior structural conditions, and preliminary pricing has been
researched for reference by City.
Landscape services can be provided by Architect for site development, and preliminary pricing
has been researched for reference by City.
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 Architect and render decisions pertaining
thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Survey. City shall furnish, or direct Architect to obtain at City's expense,a certified survey of the
site, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights-of-
way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other
data pertaining to existing buildings or adjacent to the site, other improvements and trees; and full
information as to available service and utility lines, both public and private, and test borings, pits, reports
and soil bearing values and other necessary operations for determining subsoil conditions.
3.04 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.
3.05 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 Architect in the Specifications for the
Project.
3.06 Miscellaneous items. City will also provide Architect 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,
7
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
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project has not been fully ascertained as of the date of making of these Contract Documents. Architect, in
consultation with City, shall determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents, and will make reasonable adjustments in the
scope of the Project to bring it within the limits when fixed. With City approval, Architect may also
include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the
lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost for the Project, City shall pay Architect fees for Basic Services in
accordance with this Agreement.
4.02 Procedures if bid(s) exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project, and as a result
thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed limit of total
Budgeted Construction Cost for the Project, City at its option may either (1) give written approval of an
increase in such fixed limit, with no obligation to increase Architect's fee, or (2) authorize rebidding
within a reasonable time, or(3) cooperate in revising the Project scope and quality as required to reduce
the Probable Construction Cost. In the case of(3),Architect,without additional charge, shall immediately
modify the Drawings and Specifications as necessary to bring the Project cost within the budgeted fixed
limit, or within any higher fixed limit subsequently authorized by City. Providing this service shall be the
limit of Architect's responsibility in this regard, and having done so,Architect shall be entitled to his fees
in accordance with this Agreement.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and
Additional Services and include actual expenditures at actual costs made by Architects, their employees,
or their consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized in advance.
5.02 Travel, phone, postage, reproduction, etc. When authorized in advance by City, the following
shall be reimbursable: reasonable transportation and living expenses of principals and employees when
traveling in connection with the Project outside of Williamson County, Texas, essential long distance
calls and telegrams, fees paid for the securing of approval of authorities having jurisdiction over the
Project, postage, and reproduction of Drawings and Specifications,excluding copies for Architect's office
use and the required number of sets at each phase of the work for City's review.
5.03 Overtime. If authorized in advance by City,the expense of extraordinary overtime work, not due
to Architect delays, requiring higher than regular rates, and renderings, slides, photographs or models for
the City's use shall be reimbursable.
8
5.04 Texas Department of Licensing and Regulation fees. Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Commission for Environmental Quality fees. Any fees charged to Architect by the
Texas Commission for Environmental Quality for Water Pollution Abatement Plan and for Sewage
Collection Fee shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design services is
authorized by City, (for example, special lighting and landscape consultants, special soil mechanics
engineers, communications consultants, etc.), fees for other than normally required architectural,
mechanical, electrical engineering services and the Basic Services hereinbefore defined, shall be
reimbursable.
ARTICLE VI
PAYMENTS TO THE ARCHITECT
6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly in
proportion to the degree of completion of each phase, but not to exceed the following percentages of the
respective fees at the completion and approval of each phase of the work:
L FEE APPORTIONMENT BY PHASE
(a) Assessment Phase $ 32,225.00
(b) Programming Phase $ 42,775.00
(b) Construction Phase $105,000.00
TOTAL SERVICES $180,000.00
6.02 Reimbursable Expenses and Additional Services. Payments for authorized Reimbursable
Expenses and Additional Services for Architect, as hereinbefore referred to, shall be made following
presentation, review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions. No deductions shall be made from Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims,whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is
abandoned or suspended, in whole or in part, Architect is to be paid for the services performed on account
of it prior to receipt of written notice from City through its Director of such abandonment or suspension.
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director, Architect shall comply promptly with such request. In this regard, should Director
9
determine it necessary, Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
6.08 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 Architect, 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.
ARTICLE VII
ARCHITECT'S ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining
to the Project, and records of accounts between City and Architect shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually convenient
times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully
understood by Architect that Director 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 Architect,with the understanding that immediately upon receipt of said notice all work and labor
being performed under this Agreement shall cease. Architect 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. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall
become the property of City upon termination of this Agreement, and shall be promptly delivered to City
in a reasonably organized form without restriction on future use. Should City subsequently contract with a
new architect for continuation of services on the Project, Architect shall cooperate in providing
information.
8.02 Default.Nothing contained in Section 8.01 above shall require City to pay for any work which is
unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this
Agreement. City shall not be required to make any payments to Architect when Architect 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 Architect is in default, including the right to bring legal action for damages or to force
specific performance of this Agreement.
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ARTICLE IX
GENERAL,SUPPLEMENTARY AND SPECIAL CONDITIONS;
CONTRACT ADMINISTRATION
9.01 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 Architect 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.
9.02 Contract Administration. This Agreement shall be administered on behalf of City by its City
Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute
arising hereunder shall be submitted to Director,whose decision in the matter shall be final and binding.
ARTICLE X
RESPONSIBILITY FOR WORK INDEMNIFICATION AND INSURANCE
10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a
release of the responsibility and liability of Architect, its employees, subcontractors, agents and
consultants for the accuracy and competency of their 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 Architect,his employees,subcontractors,agents and consultants.
10.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City, its
officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses for personal injury (including death), property damage or other harm for which recovery of
damages is sought, suffered by any person or persons, that may arise out of or be occasioned by
Architect's breach of any of the terms or provisions of this Agreement, or by any negligent act or
omission of Architect, his officers,agents,associates,employees or subconsultants, in the performance of
this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability
resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in
the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if
any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to City under Texas law and without waiving
any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
10.03 Indemnification (Patent and Copyright Claims). Architect 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 Architect, its employees, associates or subconsultants, pursuant to this
Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of whether
or not City is proven to have actively induced or contributed to the infringement. Architect will pay any
and all resulting costs,damages and attorney's fees finally awarded,provided that.-
(1)
hat:(1) City promptly notifies Architect in writing of the claim; and
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(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims, the City Attorney of City shall be
kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect'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
Architect's opinion are likely to become, the subject of such a claim, City will
permit Architect, at Architect'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 Architect'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 Architect, in which instance City has the
sole option to either require Architect to perform new design work at Architect's
sole expense,or to terminate this Agreement.
(c) Architect 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 Architect with respect to
infringement of patents and copyrights.
10.04 Insurance.Architect, at Architect's sole cost, shall purchase and maintain during the term of this
Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars
($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Agreement to maintain
during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 10.04 above, including the required provisions and additional policy
conditions as shown below in Section 10.06, unless specifically waived by the City Manager. As an
alternative, Architect may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Architect's certificate of insurance shall note in such event that the
subconsultants are included as additional insureds and that the Architect agrees to provide Workers'
Compensation coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
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10.06 Insurance Policy Endorsements. Each insurance policy under paragraph 10.04 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
Architect 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 Architect.
(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
whatever nature.
10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Architect shall be borne solely by Architect, with certificates of insurance evidencing such minimum
coverage in force to be filed with the City.
ARTICLE XI
COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES,ETC.
11.01 Compliance with Laws. Architect, 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 local, State and
National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in
the performance of the professional services contracted for herein.
11.02 Taxes. Architect 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 XII
TERM
12.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof,or extended
by mutual agreement approved by City's Director, the term of this Agreement shall be from the date
hereof until final completion of the Project and all architectural/engineering and construction
13
administration services in connection therewith, including the final one(1)year warranty inspection, and
resolution of any outstanding Project-related claims or disputes.
12.02 Project Performance Schedule. Architect 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, Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and
timely accomplish all services required under this Agreement in the highest professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, 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.
13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Architect 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 XIV
GENERAL PROVISIONS
14.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that any
failure of Architect to complete the services for each phase of this Agreement within the agreed Project
Performance Schedule will constitute a material breach of this Agreement. Architect shall be fully
responsible for its delays or for failures to use his best efforts in accordance with the terms of this
Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances,
City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any
of City's additional legal rights or remedies.
14.02 Force Majeure.Neither City nor Architect 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.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Architect shall not assign,sublet
or transfer any interest in this Agreement without prior written authorization of City's Director.
14.04 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.
14.05 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 Contract shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
14
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
and to:
Stephan L. Sheets,City Attorney
309 East Main Street
Round Rock,Texas 78644
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
Keith A. Hickman
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
approved by the City Council on I and KA
Hickman Architects & Interior Designers, signing by and through its duly authorized representative,
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
CITY OF ROUND ROCK,TEXAS
By:
Nyle Maxwell,Mayor
ATTEST:
By:
Sara L. White,City Secretary
FOR CITY,APPROVED AS TO FORM:
By:
Stephan L. Sheets,City Attorney
15
KA HICKMAN ARCHITECTS&INTERIOR DESIGNERS
Y
Keith A. Hickman,AIA,Principal
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS
78711-2337 OR 333 GUADALUPE, SUITE 2-350, AUSTIN, TEXAS 78701-3942, TELEPHONE(512)
305-9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS'
REGISTRATION LAW,TEXAS CIVIL STATUTES,ARTICLE 249a.
16
DATE: January 17, 2008
SUBJECT: City Council Meeting - January 24, 2008
ITEM: 1OB1. Consider a resolution authorizing the Mayor to execute a Standard
Form of Agreement between Owner and Architect and Supplemental
Agreement No. 1 with KA Hickman Architects & Interior Designers for
the design and remodel of the existing three story City Hall Building at
221 East Main Street and the two story building being purchased at
231 East Main Street.
Department: Engineering and Development Services
Staff Person: Tom Word, Chief of P.W. Operations
Larry Madsen, Construction Manager
Justification:
This agreement provides for professional services for assessment phase of existing
buildings, programming phase, and design and construction phase of building at 221 and
231 East Main Street.
Funding:
Cost: $188,500.00
Source of funds: GO Bonds & General Self Finance
Outside Resources: N/A
Background Information:
Anticipated fees: Design: $188,500
Construction: $2,311,500
Total: $2,500,000
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
SUPPLEMENTAL AGREEMENT NO. 1
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF TRAVIS §
COUNTY OF WILLIAMSON §
This document is entitled Supplemental Agreement No. 1, and it supplements Standard Form of
Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA Document
B141-1997,for the following Project:
Complete master planning and assessment for the following facilities: existing three-story
office building located at 221 East Main Street currently housing the Round Rock City
Hall, and existing two-story office building located at 231 East Main Street recently
purchased by the City; and master planning for the following facility: existing multi-level
parking garage currently owned by the City. Professional services for this Project shall
include Assessment Phase,Programming Phase,and Construction Phase,
all as are more specifically identified and described in the accompanying AIA Document
B141-1997.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements, that being the '240 day of& 2008, and likewise is by
and between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal
corporation of Williamson and Travis Counties,Texas(hereinafter referred to as"City"and/or"Owner")
and KA HICKMAN ARCHITECTS&INTERIOR DESIGNERS,with offices located at 1517 East Palm
Valley Boulevard,Round Rock,Texas,78664(hereinafter referred to as"Architect").
WITNESSETH:
WHEREAS, as is recited in the Agreement this document supplements, City intends to design
and construct the described project(hereinafter called the"Project"). Architect's services are desired for
purposes including but not limited to planning, architectural, design, mechanical/electrical/plumbing
engineering services, document production, and construction services related to the Project. Total
compensation for Architect's services under this Agreement shall not exceed the following: $180,000.00,
plus reimbursable expenses in an amount not to exceed$8,500.00.
WHEREAS, as is recited in the Agreement this document supplements, City desires to contract
with Architect for the delineated professional services in connection with design and construction of the
Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or will
budget therefor;and
WHEREAS, as is stipulated in the Agreement this document supplements, Architect has agreed
to provide such professional services for the compensation delineated previously and herein;
00128108/jkg
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions contained in the Agreement this document supplements and herein,hereby agree as follows.-
ARTICLE
ollows:ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in this Agreement.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as
recited in Paragraph 1.1.2.5 of accompanying AIA Document B141-1997.
Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly
authorized by City Council Resolution or City Manager action, Architect's total compensation hereunder
shall not exceed $180,000.00, plus a not-to-exceed amount of $8,500.00 for approved Reimbursable
Expenses. These amounts represent the absolute limit of City's liability to Architect under this
Agreement,unless same shall be changed by additional Supplemental Agreement hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. Architect's Basic Services consist generally of the phases described below, and
include complete planning, architectural, design, mechanical/electrical/plumbing engineering services,
document production, and construction services,and such other services as may be necessary to assist the
City in the design and construction of the Project, within the limits the 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. Architect agrees that upon execution of this Agreement, it will submit to City
within ten (10) days a list of all additional consultants it intends to utilize, not previously identified in
Architect's proposal, delineating their respective tasks. All of Architect's consultants shall be subject to
the approval of the City through its City Manager, and City reserves the right to reject any consultant.
Architect shall perform all work hereunder in a manner satisfactory and acceptable to the City,
represented by its City Manager or his designee, hereinafter referred to as "Director." A Performance
Schedule shall be agreed to by Architect and Director, and Architect agrees to use its best efforts to
complete all services hereunder in accordance with such Performance Schedule. All services shall be
performed to the highest professional standard.
2.02 Assessment Phase. Architect shall provide the following Assessment Phase Services:
Preparation of a technical analysis of the currently occupied three-story facility located at 221
East Main Street, the recently purchased adjacent two-story facility located at 231 East Main
Street(to be incorporated into a cohesive physical center to house a portion of the City's business
and administrative operations),and the existing parking garage.
The following consultants and scope requirements are included within the Assessment Phase.-
(A)
hase:(A) Architectural-KA Hickman Architects&Interior Designers
2
(1) Act as Owner representative;
(2) Be responsible for coordination of consultants;
(3) Act as Architect of Record,
(4) Conduct all necessary Code research.
(B) Interior Design-PPDS
(1) Field verify Building A and Building B (existing partitions, doors, millwork,
plumbing,lighting,electrical and special architectural details);
(2) Create AutoCAD files;
(3) Agree that area calculations will be provided for each suite and common areas,
and that area building tabulations will be based on BOMA measuring methods.
(C) Mechanical,Electrical and Plumbing-ESA
(1) Agree that a report prepared by McComis Inspections, Inc. for the two-story
facility located at 231 East Main Street has been received and evaluated for
usefulness while preparing the Scope of Work;
(2) Perform heating and cooling load analysis;
(3) Perform electrical load analysis;
(4) Delineate comfort and electrical distribution deficiencies;
(5) Perform primary utility service analysis;
(6) Report on equipment condition;
(7) Assess system suitability for future service;
(8) Prepare mechanical/plumbing ADA issues report;
(9) Perform indoor air quality analysis.
(D) Roofing-Austech Roofing Consultants
(1) Make initial review and roof examination to include:
(a) Review plans and other documents related to roof,as provided by Owner;
(b) Interview Owner personnel regarding roof condition, roof history, and
current leakage;
(c) Visit site and examine visible roof components, making written notes and
taking photographs.
(2) Make evaluation and report of findings to include:
(a) General description of condition of roof and flashings;
(b) Listing of visible deficiencies and consultant's comments;
(c) Recommendations,
(d) Estimated probable cost to accomplish repair or replacement;
(e) Photographs;
(3) Agree that the survey does not include wind uplift, fire resistance testing, or
analysis.
(4) Take watertesting or moisture survey.
(E) Exclusions from Assessment Phase
(1) Soils reports;
(2) Structural services;
3
(3) Civil services;
(4) Landscape services;
(5) Parking garage analysis;
(6) Site analysis.
TOTAL OF FEES FOR ASSESSMENT PHASE $32,225.00
2.03 Programming Phase. Architect shall provide the following Programming Phase Services:
(A) Make all necessary inquiries to facilitate the required collection of information to prepare
a complete,accurately assessed and designed Project;
(B) Agree that the Programming Phase is based on a$10 million ultimate build-out(based on
current dollars)over the next ten years;
(C) Take input from workshops and design committee input to develop a prioritized set of
goals and objectives for the future of the City's business offices;
(D) Utilize the vision documented in the Round Rock General Plan 2000 (adopted June 10,
1999)to adhere to the identified Goals and Objectives,
(E) Conduct three (3) planning and design workshops with client-identified participants to
determine specific goals for the Project, with Session 1 to be termed Introductory
Session, Session 2 to be termed Topic-based Workshops, and Session 3 to be termed
Summary Workshops;
(F) Summarize work accomplished and conclusions drawn from the workshops in a
presentation notebook of facility design guidelines to be used as a basis for changes to the
facility for the twenty-year plan.
The following consultants and scope requirements are included within the Programming Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Coordinate workshops;
(2) Compile information form workshops;
(3) Interview City personnel,
(4) Facilitate workshops;
(5) Correspond with Owner;
(6) Prepare Master Plan documents.
(B) Interior Design-PPDS
(1) Attend three programming workshops with Development Team and Round Rock
City Hall Executive Committee to establish primary department needs(including
current and 20-year growth projections), adjacencies, furniture system needs and
cost analysis,special equipment,IT,and audio/visual needs;
(2) Attend follow-up meetings with Development Team to compile information
gathered during workshops;
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(3) Collaborate and assist as needed in development of Master Plan documentation
for Executive Committee review.
(C) Technology Consulting-Elert&Associates
(1) Assist Architect with initial meetings with Owner representatives relating to
specific technology needs for the Project;
(2) Make a preliminary site visit with Architect and, if determined and directed by
Architect,assist at a maximum of three all-day workshops;
(3) Review organizational chart provided by Architect and assist in recommending
specific participation by City departments relating to information-gathering for
systems to be included in the program and scope;
(4) Agree that the systems to be programmed may include building security
intrusion/access control/CCTV, VoIP telephone, premise cabling, data
network/data center,and fiber optic connectivity;
(5) Agree that the intent of the initial discovery and programming process is to
determine what technology systems and scope will need to be developed and
included in the completed Project, and to what extent same will be included in
the Project budget;
(6) Establish which systems,if any,City intends to provide or fund elsewhere;
(7) Agree that its deliverable will be an 8.5x11" written document outlining the
technology program requirements, along with preliminary "order of magnitude"
budgets.
TOTAL OF FEES FOR PROGRAMMING PHASE $42,775.00
2.04 Construction Phase. Architect shall provide the following Construction Phase Services:
(A) Assume the estimated construction cost for the first phase of construction is
approximately $1.5 million;
(B) Assume interior finish-out only, with no exterior work and no work on the existing
parking garage;
(C) Assume inclusion of furniture selections and bidding;
(D) Assume exclusion of structural work;
(E) Assume the allowance for technology consulting and design is $25,000.00 included in
Architect's fee herein.
The following consultants and scope requirements are included within the Construction Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Project coordinator;
(2) Architect of record;
(3) Interior design;
(4) Specifications;
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(5) Construction documents;
(6) Bidding;
(7) On-site project observation.
(B) Interior Design and Furniture-PPDS
(1) Interior design;
(2) Color selections;
(3) Furniture selections;
(4) Construction documents;
(5) Specifications;
(6) On-site project observation.
(C) Mechanical,electrical,plumbing Engineering-ESA
(1) Mechanical,electrical,and plumbing design;
(2) Construction documents;
(3) Specifications.
(D) Technology Consulting-Elert&Associates
(1) Technology design for data systems;
(2) Allowance only for fee calculations(may vary with scope).
TOTAL OF FEES FOR CONSTRUCTION PHASE $105,000.00
TOTAL OF FEES FOR ALL PHASES $180,000.00
2.05 Project Representation Beyond Basic Services. In the event that circumstances should develop
whereby additional representation on the Project is required, the conditions under which such
representation shall be furnished and the Project Representatives selected, employed and directed shall be
governed by an additional written Supplemental Agreement between City and Architect.
2.06 Additional Services. Architect shall perform Additional Services, as requested by City, after a
not-to-exceed amount has been mutually agreed upon in writing by Director and Architect. Where City
Council or City Manager authorization is required, Architect shall not proceed until the appropriate
Resolution or directive for such Additional Services has been delivered. The following services are not
covered under Article II,which defines and outlines Architect's Basic Services. If any of these Additional
Services are authorized in writing by Director 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 the City. If
changes are required to be made because of error, oversight, clarification, discrepancy, or
budget overruns in the work of Architect,City shall not be liable to compensate Architect
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 may be required
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in connection with the replacement of such work, unless damage was the result of
Architect'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.
Geotechnical services can be provided by Architect for further soils reports to determine exact
conditions of existing soil, including under and around the parking garage, and preliminary pricing has
been researched for reference by City.
Civil services can be provided by Architect to determine existing conditions of exterior paving,
sidewalks and elevations,and preliminary pricing has been researched for reference by City.
Structural services can be provided by Architect for analysis of the parking garage and existing
buildings to determine interior and exterior structural conditions, and preliminary pricing has been
researched for reference by City.
Landscape services can be provided by Architect for site development, and preliminary pricing
has been researched for reference by City.
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 Architect and render decisions pertaining
thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Survey.City shall furnish,or direct Architect to obtain at City's expense,a certified survey of the
site, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights-of-
way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other
data pertaining to existing buildings or adjacent to the site, other improvements and trees; and full
information as to available service and utility lines,both public and private, and test borings, pits, reports
and soil bearing values and other necessary operations for determining subsoil conditions.
3.04 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.
3.05 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 Architect in the Specifications for the
Project.
3.06 Miscellaneous items. City will also provide Architect 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,
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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
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project has not been fully ascertained as of the date of making of these Contract Documents. Architect, in
consultation with City, shall determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents, and will make reasonable adjustments in the
scope of the Project to bring it within the limits when fixed. With City approval, Architect may also
include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the
lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost for the Project, City shall pay Architect fees for Basic Services in
accordance with this Agreement.
4.02 Procedures if bid(s) exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project, and as a result
thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed limit of total
Budgeted Construction Cost for the Project, City at its option may either (1) give written approval of an
increase in such fixed limit, with no obligation to increase Architect's fee, or (2) authorize rebidding
within a reasonable time, or(3)cooperate in revising the Project scope and quality as required to reduce
the Probable Construction Cost. In the case of(3),Architect,without additional charge, shall immediately
modify the Drawings and Specifications as necessary to bring the Project cost within the budgeted fixed
limit, or within any higher fixed limit subsequently authorized by City. Providing this service shall be the
limit of Architect's responsibility in this regard, and having done so,Architect shall be entitled to his fees
in accordance with this Agreement.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and
Additional Services and include actual expenditures at actual costs made by Architects, their employees,
or their consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized in advance.
5.02 Travel, phone, postage, reproduction, etc. When authorized in advance by City, the following
shall be reimbursable: reasonable transportation and living expenses of principals and employees when
traveling in connection with the Project outside of Williamson County, Texas, essential long distance
calls and telegrams, fees paid for the securing of approval of authorities having jurisdiction over the
Project, postage,and reproduction of Drawings and Specifications, excluding copies for Architect's office
use and the required number of sets at each phase of the work for City's review.
5.03 Overtime.If authorized in advance by City,the expense of extraordinary overtime work,not due
to Architect delays, requiring higher than regular rates, and renderings, slides, photographs or models for
the City's use shall be reimbursable.
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M
5.04 Texas Department of Licensing and Regulation fees. Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Commission for Environmental Quality fees. Any fees charged to Architect by the
Texas Commission for Environmental Quality for Water Pollution Abatement Plan and for Sewage
Collection Fee shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design services is
authorized by City, (for example, special lighting and landscape consultants, special soil mechanics
engineers, communications consultants, etc.), fees for other than normally required architectural,
mechanical, electrical engineering services and the Basic Services hereinbefore defined, shall be
reimbursable.
ARTICLE VI
PAYMENTS TO THE ARCHITECT
6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly in
proportion to the degree of completion of each phase, but not to exceed the following percentages of the
respective fees at the completion and approval of each phase of the work:
I. FEE APPORTIONMENT BY PHASE
(a) Assessment Phase $ 32,225.00
(b) Programming Phase $ 42,775.00
(b) Construction Phase $105,000.00
TOTAL SERVICES $180,000.00
6.02 Reimbursable Expenses and Additional Services. Payments for authorized Reimbursable
Expenses and Additional Services for Architect, as hereinbefore referred to, shall be made following
presentation,review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions. No deductions shall be made from Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims,whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is
abandoned or suspended, in whole or in part,Architect is to be paid for the services performed on account
of it prior to receipt of written notice from City through its Director of such abandonment or suspension.
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director, Architect shall comply promptly with such request. In this regard, should Director
9
determine it necessary, Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
6.08 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 Architect, 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.
ARTICLE VII
ARCHITECT'S ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining
to the Project, and records of accounts between City and Architect shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually convenient
times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully
understood by Architect that Director 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 Architect,with the understanding that immediately upon receipt of said notice all work and labor
being performed under this Agreement shall cease. Architect 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. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall
become the property of City upon termination of this Agreement, and shall be promptly delivered to City
in a reasonably organized form without restriction on future use. Should City subsequently contract with a
new architect for continuation of services on the Project, Architect shall cooperate in providing
information.
8.02 Default.Nothing contained in Section 8.01 above shall require City to pay for any work which is
unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this
Agreement. City shall not be required to make any payments to Architect when Architect 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 Architect is in default, including the right to bring legal action for damages or to force
specific performance of this Agreement.
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ARTICLE IX
GENERAL,SUPPLEMENTARY AND SPECIAL CONDITIONS;
CONTRACT ADMINISTRATION
9.01 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 Architect 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.
9.02 Contract Administration. This Agreement shall be administered on behalf of City by its City
Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute
arising hereunder shall be submitted to Director,whose decision in the matter shall be final and binding.
ARTICLE X
RESPONSIBILITY FOR WORK,INDEMNIFICATION AND INSURANCE
10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a
release of the responsibility and liability of Architect, its employees, subcontractors, agents and
consultants for the accuracy and competency of their 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 Architect,his employees,subcontractors,agents and consultants.
10.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City, its
officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses for personal injury (including death), property damage or other harm for which recovery of
damages is sought, suffered by any person or persons, that may arise out of or be occasioned by
Architect's breach of any of the terms or provisions of this Agreement, or by any negligent act or
omission of Architect,his officers,agents,associates, employees or subconsultants, in the performance of
this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability
resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in
the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if
any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to City under Texas law and without waiving
any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
10.03 Indemnification (Patent and Copyright Claims). Architect 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 Architect, its employees, associates or subconsultants, pursuant to this
Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of whether
or not City is proven to have actively induced or contributed to the infringement. Architect will pay any
and all resulting costs,damages and attorney's fees finally awarded,provided that:
(1) City promptly notifies Architect in writing of the claim;and
11
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims, the City Attorney of City shall be
kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect'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
Architect's opinion are likely to become, the subject of such a claim, City will
permit Architect, at Architect'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 Architect'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 Architect, in which instance City has the
sole option to either require Architect to perform new design work at Architect's
sole expense,or to terminate this Agreement.
(c) Architect 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 Architect with respect to
infringement of patents and copyrights.
10.04 Insurance.Architect, at Architect's sole cost, shall purchase and maintain during the term of this
Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars
($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Agreement to maintain
during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 10.04 above, including the required provisions and additional policy
conditions as shown below in Section 10.06, unless specifically waived by the City Manager. As an
alternative, Architect may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Architect's certificate of insurance shall note in such event that the
subconsultants are included as additional insureds and that the Architect agrees to provide Workers'
Compensation coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
12
� 3
10.06 Insurance Policy Endorsements. Each insurance policy under paragraph 10.04 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
Architect 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 Architect.
(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
whatever nature.
10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Architect shall be borne solely by Architect, with certificates of insurance evidencing such minimum
coverage in force to be filed with the City.
ARTICLE XI
COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES,ETC.
11.01 Compliance with Laws. Architect, 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 local, State and
National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in
the performance of the professional services contracted for herein.
11.02 Taxes. Architect 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 XII
TERM
12.01 Term.Unless sooner terminated in accordance with the applicable provisions hereof,or extended
by mutual agreement approved by City's Director, the term of this Agreement shall be from the date
hereof until final completion of the Project and all architectural/engineering and construction
13
administration services in connection therewith, including the final one(1)year warranty inspection, and
resolution of any outstanding Project-related claims or disputes.
12.02 Project Performance Schedule. Architect 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, Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and
timely accomplish all services required under this Agreement in the highest professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, 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.
13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Architect 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 XIV
GENERAL PROVISIONS
14.01 Time is of the Essence.Architect understands and agrees that time is of the essence and that any
failure of Architect to complete the services for each phase of this Agreement within the agreed Project
Performance Schedule will constitute a material breach of this Agreement. Architect shall be fully
responsible for its delays or for failures to use his best efforts in accordance with the terms of this
Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances,
City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any
of City's additional legal rights or remedies.
14.02 Force Majeure.Neither City nor Architect 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.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Architect shall not assign, sublet
or transfer any interest in this Agreement without prior written authorization of City's Director.
14.04 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.
14.05 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 Contract shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
14
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
and to:
Stephan L. Sheets,City Attorney
309 East Main Street
Round Rock,Texas 78644
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
Keith A. Hickman
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
approved by the City Council onhO , and KA
Hickman Architects & Interior Designers, signing by and through its duly authorized representative,
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
CITY OF ROUNIQLR AS
By:
ell,Mayor
ATTEST:
By:
Sara L.White,City Secretary
FOR CIT PROVED101tf
O FORM: >b
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By: 1XI
tep4hd00
4heet , Attorney
15
KA HICKMAN ARCHITECTS&INTERIOR DESIGNERS
By:Z
Keith A. Hickman,AIA,Principal
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS
78711-2337 OR 333 GUADALUPE, SUITE 2-350, AUSTIN, TEXAS 78701-3942,TELEPHONE(512)
305-9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS'
REGISTRATION LAW,TEXAS CIVIL STATUTES,ARTICLE 249a.
16
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
AIA Document 13141 - 1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.
AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of
Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the
copyright laws of the United States and will subject the violator to legal prosecution.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the day of the month of (I"w in the year Two Thousand
Ei ht.
(In words,indicate day,month and year.)
BETWEEN the Architect's client identified as the Owner:
(Name,address and other information.)
City of Round Rock
221 East Main Street
Round Rock,Williamson and Travis Counties,Texas 78664
AIA DOCUMENT B141-STANDARD FORM AGREEMENT-1997 EDITION-AIA-COPYRIGHT 1997-THE AMERICAN INSTITUTE
OF ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C. 20006-5292.WARNING: Unlicensed photocopying violates
U.S.copyright laws and will subject the violator to legal prosecution.This document was electronically produced with permission of the AIA and
can be reproduced without violation until the date of expiration as noted below.
Electronic Format B 141-1997
Page#1
00128044/jkg
0(-ZA-- (v g(
and the Architect:
(Name,address and other information.)
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
For the following Project:
(Include detailed description of Project)
Complete master planning and assessment for the following facilities: existing three-story office building located at 221 East
Main Street currently housing the Round Rock City Hall and existing two-story office building located at 231 East Main Street
recently purchased by the City• and master planning for the following facility: existing multi-level parking garage currently
owned by the City. Professional services for this Project shall include Assessment Phase Programming Phase and Construction
Phase,
The Owner and Architect agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as"not applicable,""unknown at
time of execution"or"to be determined later by mutual agreement.')
Architect shall be responsible in the Assessment Phase for preparing a technical anal sis of the three referenced structures
utilizing KA Hickman Architects&Interior Designers for the Architectural portions PPDS for the Interior Design portions,
ESA for the Mechanical Electrical and Plumbing portions and Austech Roofing Consultants for the Roofing_portions
Specific requirements are contained in Exhibit"A"incorporated herein by reference
Architect shall be responsible in the Programming Phase for gathering necessary information and conducting appropriate
workshops and development meetings in order to prepare a complete accurately assessed and designed Project,utilizing KA
Hickman Architects&Interior Designers for the Architectural portions PPDS for the Interior Designportions and Elert&
Associates for the Technology Consulting portions Specific requirements are contained in Exhibit"A"
Architect shall be responsible in the Construction Phase for the Scope of Work delineated in Exhibit"A" utilizing KA
Hickman Architects & Interior Designers for the Architectural portions PPDS for the Interior Design and Furniture
portions ESA for the Mechanical Electrical and Plumbing portions and Elert&Associates for the Technology Consultipg
portions.
Architect shall not be responsible,under this Agreement for the following additional services•geotechnical services for
soils reports,structural services civil services landscape services patingRaLrage analis and site analysis
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe,if appropriate,proposed use or goals.)
To secure the Architect's services related to complete master planning and assessment for the referenced three structures in
order to incorporate the buildings into a cohesive physical center to house a portion of the City of Round Rock's business
and administrative operations.
1.1.2.2 The physical parameters are:
(Idents or describe,if appropriate,size,location,dimensions,or other pertinent information,such as geotechnical reports about the site.)
1.1.2.3 The Owner's Program is:
(Idents documentation or state the manner in which the program will be developed.)
See Paragraph 1.1.1 herein.
2
}
1.1.2.4 The legal parameters are:
(Identify pertinent legal information,including,if appropriate,land surveys and legal descriptions and restrictions of the site.)
1.1.2.5 The financial parameters are as follows:
1. Amount of the Owner's overall budget for the Project,including the Architect's compensation,is:
Owner's overall budget for the Project is unknown at this time and is to be developed and approved in conjunction with
receipt of information garnered from the performance of this Agreement Architect's total compensation for delineated
services shall not exceed the sum of One Hundred Eighty Thousand and No/100 Dollars($180.000.00).plus Reimbursable
Expenses in an amount not to exceed Eight Thousand Five Hundred and No/100 Dollars ($8.500.00). Cuttomm
reimbursable expenses include reprographic fees shipping and delivery fees supplies associated with the Project, final
documents, meals in conjunction with workshops, reproduction of existing construction documents ADA review of
construction documents,and other similar expenses.
Assessment Phase $32,225.00
Programming Phase $42,775.00
Construction Phase $105,000.00
TOTAL $180,000.00
1.1.2.6 The time parameters are:
(Identify,if appropriate,milestone dates,durations or fast track scheduling.)
Services hereunder shall commence immediately pon receipt by Architect of this executed Agreement Completion shall
be not later than twelve(12)months from date of execution of this Agreement Other time parameters or adjustments to
time parameters may be determined at a later date by mutual agreement of the parties hereto
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 such as architectural planning will be engaged by negotiated contract The general contractor for
construction will be selected by competitive bidding or other statutorily-allowed alternate 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)
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
(List name,address and other information.)
Lam Madsen
Liaison Construction Manager
2008 Enterprise
Round Rock,Texas 78664
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the
Architect's submittals to the Owner are:
(List name,address and other information.)
Jim Nuse
City Manager
221 East Main Street
Round Rock,Texas 78664
3
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and,if known,idents them by name and address)
1.1.3.4 The Architect's Designated Representative is:
(List name,address and other information)
Keith A.Hickman
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and,if known,idents them by name and address)
Architectural Services by KA Hickman Architects&Interior Designers
Interior Design Services by PPDS
MEP En ig neering_by ESA
Roofing Consulting by Austech Roofmg Consultants
Technology Consulting by Elert&Associates
Upon execution of this Agreement, Architect agrees that it will submit to City within ten (10)days a list of all additional
consultants it intends to utilize not previously identified in Architect's proposal,delineating their respective tasks All of
Architect's consultants shall be subject to the approval of City,and City reserves the right to resect a1W consultant
1.1.4 Other important initial information is:
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 A201surr m as of the date of this ^ reei e es fellewsi
as modified between Owner and Contractor. Architect's responsibility to provide services for the construction phase under
this Agreement commences with the award of the contract for construction and terminates at the issuance to Owner of the
final certificate for payment. Duties, responsibilities and limitations of authority of Architect shall not be restricted
modified or extended without written agreement of Owner and Architect with consent of Contractor.which consent shall not
be unreasonably withheld. Architect consents to the modifications of AIA Document A201 General Conditions of the
Contract for Construction.between Owner and Contractor.
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation.
Serviees i efdm e with Pafa,.faph 1.3.3. Owner agrees to negotiate compensation to Architect as Additional Services
uva�ivva uc uvv
for time Owner directs Architect to spend at the jobsite beyond the contracted construction period
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule compensation and
Change in Services shall be effected only by Supplemental Agreement hereto Am such Supplemental Agreement to this
contract must be duly authorized by City Council resolution or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Architect shall fully cooperate with one another to fulfill all of their respective obligations required
under this Agreement. Both parties shall endeavor during the full term hereof 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 the Architect,within 15 days after receipt
of a written request,information necessary and relevant for the Architect to evaluate,give notice of or enforce lien rights.
4
1.2.2.2 The Owner-shW1 per-iodieafly update the budget feF the Prqjee�ineluding that pef6on ageeaWd fef the Cost of i
Cost ef dw Wedi;or-eentingeneies ineluded in the oveffdl budget OF a peFfien of the budget,without the agFeement of
The Owner shall establish and periodically update the budget for the Project,including that portion allocated for the Cost of
the Work,Owner's other costs,and reasonable contingencies related to all costs
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's
behalf with respect to the Project.The Owner or the Owner's Designated Representative shall render decisions in a timely
manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and
sequential progress of the Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by the Architect 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,the Owner shall furnish orpay 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 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 The-Owner Each party shall provide prompt written notice to the AfeWlee other if the either becomes
aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments
of Service.
1.2.2.8 Owner shall furnish,or direct Architect to obtain at Owner's expense a certified survey of the site giving as
required grades and lines of streets alleys pavements and adjoining_property• rights-of-way, restrictions easements
encroachments,zoning,deed restrictions,boundaries contours and other data pertaining to existingbuildings uildin s or adjacent to
the site,other improvements and trees,and full information as to available service and utility lines both public and private
and test borings pits reports and soil bearing values and other necessary operations for determining subsoil conditions
1.2.2.9 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 Architect in the specifications for the Project However Owner agrees to reimburse Architect the
actual costs of review fees associated with Texas Building Accessibility reviews.
1.2.2.10 Owner will provide Architect 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 Proop_sal
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
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect,Architect's employees and Architect's consultants 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.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the
Architect's services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which
shag m_ya be adjusted,if necessary and approved by Owner,as the Project proceeds.This schedule shall include allowances
for periods of time required for the Owner's review,for the performance of the Owner's consultants,and for approval of
submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the
Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner.
5
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's
behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the
Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or
prevent the Architect from establishing a claim or defense in an adjudicatory proceeding.The Architect shall require of the
Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as
confidential by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity,or accept arty
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment
with respect to this Project.
1.2.3.6 The Architect shall review laws,codes,and regulations applicable to the Architect's services.The Architect shall
respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the
Project.
1.2.3.7 The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by the Owner. The ^feWteet Each party shall provide prompt written notice to the Owner other if the zAfeWtczc
either becomes aware of any errors,omissions or inconsistencies in such services or information.
ARTICLE 1.3 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 the
Owner of all elements of the Project designed or specified by the Architect.
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by
the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or contractor, a
for Contractor's overhead and profit.
sMi be ineladed for-fnafket eowlitions at the time of bidding and foF changes in the Wefk.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,the costs
of the land,rights-of-way and financing or other costs that are the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings,specifications and other documents,including those in electronic form,prepared by the Architect and
the Architect's consultants are Instruments of Service for use solely with respect to this Project. 'T'i'e AFeWteet and the
AFehiteet's eensultaf4s shall be deemed the autheFs and owners of their-fespeefive instpdmnts of Sefviee awl shall Fetain all
. All Architect's designs and work product under this
Agreement including, but not limited to, Tracings Drawings Estimates Specifications Investigations Studies and other
documents completed or partially completed, shall be the property of Owner, to be used as Owner desires without
restriction on future use,by execution of this Agreement and in confirmation of the fee for services to be paid under this
Agreement,Architect hereby conveys transfers and assigns to Owner all rights under the Federal Copyright Act of 1976(or
am successor copyright statute), as amended, all common law copyrights and all other intellectual property rights
acknowledged by law in the Project designs and work product developgdd under this Agreement Copies may be retained by
Architect. Architect shall be liable to Owner for any loss or damage to arty such documents while they are in the possession
of or while beinE worked upon by Architect or anyone connected with Architect including agents employees consultants or
subcontractors. All documents so lost or damaged shall be replaced or restored by Architect without cost to Owner.
1.3.2.2 Upon execution of this Agreement,the Architect grants to the Owner neftexelosive lieense permission to reproduce
the Architect's Instruments of Service solely for purposes of constructing,using and maintaining the Project,provided that
the Owner shall comply with all obligations, including prompt payment of all sums when due,under this Agreement. The
Architect shall obtain similar nonexelasirc heennses- permission from the Architect's consultants consistent with this
Agreement.
' . If and upon
6
the date the Architect is adjudged in default of this Agreement, the fafegoing license sMl be deemed teffninated
the 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 soler for the purposes of completing,using and maintaining the Project.
1.3.2.3 , fie other-license oF right shall be deemed gfawed o
implied wadef-this Agfeemew. The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any lieense
permission granted herein to another party without the prior written agreement of the Architect.However,the 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
. Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is permitted. not te be eewAmed as pubheafien in
of SeMee fer-fiAum additions of altemfiens to&s Pfojeet oF CaF other-pfejeels,upAess the Owner-obtains the pfier-written
agfeement of the AfeWteet and the ' . Any unauthorized use of the Instruments of Service shall be at
the Owner's sole risk and without liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner arty Instruments of Service in electronic form or the Owner providing
to the Architect any electronic data for incorporation into the Instruments of Service,the Owner and the Architect 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 er-heenses not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Architect to Owner for approval on a minimum 24-inch
by 36-inch or maximum 32-inch by 42-inch draftin sheet,heet,with all letteringprocessed 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, Architect shall within thirty (30)calendar days following
final inspection,deliver to Owner the reproducible Record Drawings and Record Specifications as described Mplementally
herein. In addition.Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual as-built
conditions as provided by the General Contractor. Compensation therefor will be at standard hourly rates or re-negotiated as
a fixed amount at that time.
1.3.2.7 Architect shall have no liability for changes made to the drawings by other architects subsequent to the completion
of the Project. Any such change shall be sealed by the architect 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 the Architect, including services required of the Architect's consultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if
sueh seFviees. If the Owner-deems that all of a pwt of seeh Change in SepAees is not Fequifed,the Gm,ner-sMA_* ' ..
wfWea notice to the AfuMwet,and the Afeh4eet shall have no obliga6ea to pfei,ide those seMees. Exeept fOF ff 6hange doe
. It
is expressly understood and a reg ed by and between the parties hereto that any alteration in schedule compensation and
Chane in Services shall be effected only by Supplemental Agreement hereto Any such Supplemental Agreement to this
contract must be duly authorized by City Council resolution or City Manager action. It is expressly agreed by the parties
that as to services hereunder,the total sum of$180,000.00 plus authorized reimbursable expenses not to exceed the total
sum of$8,500.00 shall represent the absolute limit of Owner's liability to Architect unless same shall be changed by
Supplemental Agreement hereto.
. . .
2 If any ef the folio-wing eimumstames aMet the Afohiteet's seMees for-the Projeo,the AfeMteet skall be entitled.1 ehange in the instme4ions or-approvals given by the Owner-that
neeessitate reN,isions in lastmments of SeMee;
7
,
> > size,qtWhy,eemplexity,
the Owner's schediale o
budget,or- „t ffieth,.a.5 failme of peffomwwe on the paFt of the OwmF of the.
Owner's
>
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 the Architect's services,the Architect 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*
a
1.3.4.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by
mediation
>
Request for mediation shall be filed in writing
with the other party to this Agreement
mediation shall proceed in advance of aibitm ien
of legal or equitable proceedings,which shall be stayed pending mediation for a period of 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 Any elaim,
13.E
1.3.5.2 CWffis,
disputes and other-matter-s in question between the pafties d*t afe not feselved by fnediation shall
filed iff Wfififig With the OtheF paft),to this Agfeement and with the Amefic-an Afbitfafien Assoeiation.
. .5.
has arisen. in ne event sW1 dw demmd be ffwde afteF""when 4witafien of leo of equitable pfeeeedings based e
sueh > .
. . .
mfereftee to this AgFeefftef4 and signed by dw
> .
dispute of other-mattef in quesfion fiet desefibed in the wM*n eensent of with a pefsen oF efftity not named or-describe
8
and judgment may be entefed upen it i
. . . ,
1.3.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect 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,Architect
consents to be joined in the arbitration proceeding if Architect'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 The Architect and the 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 he t:�::yi, race-of business of the " hitcct,uca .
other-wise
provided in Pan*""'' ' ^.'laws of the state of Texas,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 nun any later than the date when the Architect's services are substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction,the Owner and the Architect 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, ewmw as of the de&e of this AgFeefoe as modified between Owner and
Contractor. The Owner or the Architect,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 the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement,the Architect and Architect's consultants 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 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the
completed Project to make such representations. However, the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the speck
information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project.
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution.The Architect shall not be
required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this
Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners,successors,assigns and legal representatives of such
9
other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement
without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this
Agreement.The Architect shall execute all consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in aeeefdanee substantial compliance with this Agreement,
such failure shall in, be considered substantial nonperformance and '
cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services,prior to
suspension of services, the Architect shall give seven fifteen(15)days' written notice to the Owner. In the event of a
suspension of services,the Architect shall have no liability to the Owner for delay or damage caused the Owner because of
such suspension of services. Before resuming services, the Architect shall be paid all non-disputed sums due prior to
suspension . The Architect's fees
for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 If the Pfejea is suspended by the Ownef fOF fliefe don 30 eenseeolive days,
the Afebiteet shall be eempensated
- Rd the fifne seh doles shall be equitably adjusted.
. . .
3 if the Pfejeet is suspended or-the >
days'Afehitee!may tefmi"e fli4s Agfeemew by giving not Less dm seven days'%,Fiaen nefiee.
1.3.8-.4 TWs Agreement may be tenpinated by eitheF party upoft fiet less than seven
paFty fail subsim6afly te peffefm in aeeerdawe with Cho tefms of this Agreement tiffeugh no fault of the paFty inifiafing the
teffnina4ien.
1.3.8.5 TWs A-gfeement nmty be lefrainated by the OwneF upon not less dvm seven days'wfiRen nefiee to the Afehkeet
for-the.......:.. v eefwepienee and without
1.3.8.6 in the event of teffniftafien fief the &HR of the AfeWteet, the Afebiteef shall be eempensated fOF sewiees
pe&ffned pf:ior-to teffnipafieft;togethef with Reiffibufsable Expenses then dide and all Teffnipafieft Expenses as defified i
Subpafagfaph1.3.8.7.
afffieipated profit on the value of the sefviees not pe&
1.3.8.2 In connection with the work outlined in this Agreement it is agreed and fully understood by Architect that Owner
may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience
of Owner,upon fifteen(15)days'written notice to Architect with the understanding that immediately upon receipt of said
notice all work and labor being performed under this Agreement shall cease Architect 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 All plans field
surveys maps cross sections and other dat,%designs and work related to the Project shall become the property of Owner
upon termination of this Agreement and shall be promptly delivered to Owner in a reasonably organized form without
restriction on future use. Should Owner subsequently contract with a new architect for continuation of services on the
Project Architect shall cooperate in providing information
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 Architect when Architect is in default under this
contract,nor shall this section constitute a waiver of any right at law or at equity,which Owner may have if Architect 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 THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on
10
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 the Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred
by the Architect and Architect'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-seeuFiag approval efau"Mies 1wvingjuFis&efi9n eveF the Pfe eet;
.3 reproductions,plots,standard form documents,postage,handling and delivery of Instruments of Service;
• ,
.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 services performed on
the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to Owner or Owner's authorized
representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and
the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment
taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and
similar contributions.
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
the Owner and the Architect 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 Architect.This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services AIA
Document B141-1997,as herein amended.
. . .
2 Stan&fd Foan of Architeet's SeFviees. Design and Centme4 Adaii�stmfien; AIA Document B141 1997, or as
fellows:
(List other documents, if any,delineating Architect's scope of services)
1.4.1.3 Other documents as follows:
(List other documents,if any,forming part of the Agreement.)
"Supplemental Agreement No. 1"supplementing Standard Form of Agreement Between Owner and Architect with Standard
Form of Architect's Services AIA Document B 141-1997
1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows:
It is expressly understood and agreed by and between the parties hereto that Architect shall be solely responsible for ensuring
that the Project meets all pre-constructiom construction, and post-construction requirements imposed by the American
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Disability Act which are in force and effect during the�repajation of Construction Documents by Architect
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described herein,compensation shall be computed as follows:
Architect's total compensation for services hereunder shall not exceed the sum of $180,000.00 established herein, plus
authorized reimbursable expenses in a sum not to exceed$8,500.00,which sum for reimbursable expenses shall include the
actual costs of such items as are delineated in Paragraph 1.3.9.2 herein
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1,the Architect's compensation may
be adjusted Such adjustment shall be calculated as described below , if no method of AwAment is i"eated in this
Pafagfaph 1.5.2,in an equitable ffwmer-.
(Insert basis of compensation,including rates and multiples of Direct Personnel Expense for Principals and employees,and
identify Principals and classify employees, if required. Identify specific services to whichp articular methods of
compensation apply)
1.5.3 For a Change in Services of the Architect's consultants,compensation shall be computed as a multiple of one(1.00)
times the amounts billed to the Architect 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
the Architect,and the Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses,if any,are as follows:
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement
shall be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero and No/100 Dollars($0.00)shall be made upon execution of this Agreement and is the
minimum payment under this Agreement.It shall be credited to the Owner's account at final 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 thir1y(30)days from the date of the Architect's invoice,or not later than the time
period required under the Texas Prompt Payment Act whichever is later. Non-disputed amounts unpaid si 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 the Architect.
(Insert rate of interest agreed upon)
One and one-half percent(1 '/2%)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 Architect'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)
. .
9 if the seMees eEwefed by tPAs Agreement hwe not been eempleted widiin mendis of the date heFeef-,thmeo M
Pamgmph-1.5 4
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This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF ROUND ROCK,TE KA HICKMAN ARCHITECTS&INTERIOR
DESIGNERS
11,Mayor Keith A.Hickman,AIA,Principal
A
L
Sara L.White,City Secretary
FO C ,APPROVE AS TO FORM:
�b
�J
k,L A-
tephan .Sheets,City Attorney
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EXHIBIT"A"
SCOPE OF SERVICES
I. Assessment Phase. Architect shall provide the following Assessment Phase Services:
Preparation of a technical analysis of the currently occupied three-story facility located at 221
East Main Street, the recently purchased adjacent two-story facility located at 231 East Main
Street(to be incorporated into a cohesive physical center to house a portion of the City's business
and administrative operations),and the existing parking garage.
The following consultants and scope requirements are included within the Assessment Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Act as Owner representative;
(2) Be responsible for coordination of consultants;
(3) Act as Architect of Record;
(4) Conduct all necessary Code research.
(B) Interior Design-PPDS
(1) Field verify Building A and Building B (existing partitions, doors, millwork,
plumbing,lighting,electrical and special architectural details);
(2) Create AutoCAD files;
(3) Agree that area calculations will be provided for each suite and common areas,
and that area building tabulations will be based on BOMA measuring methods.
(C) Mechanical,Electrical and Plumbing-ESA
(1) Agree that a report prepared by McComis Inspections, Inc. for the two-story
facility located at 231 East Main Street has been received and evaluated for
usefulness while preparing the Scope of Work;
(2) Perform heating and cooling load analysis;
(3) Perform electrical load analysis,
(4) Delineate comfort and electrical distribution deficiencies;
(5) Perform primary utility service analysis,
(6) Report on equipment condition;
(7) Assess system suitability for future service;
(8) Prepare mechanical/plumbing ADA issues report;
(9) Perform indoor air quality analysis.
(D) Roofing-Austech Roofing Consultants
(1) Make initial review and roof examination to include:
(a) Review plans and other documents related to roof,as provided by Owner;
(b) Interview Owner personnel regarding roof condition, roof history, and
current leakage;
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(c) Visit site and examine visible roof components, making written notes and
taking photographs.
(2) Make evaluation and report of findings to include:
(a) General description of condition of roof and flashings;
(b) Listing of visible deficiencies and consultant's comments;
(c) Recommendations;
(d) Estimated probable cost to accomplish repair or replacement;
(e) Photographs;
(3) Agree that the survey does not include wind uplift, fire resistance testing, or
analysis.
(4) Take watertesting or moisture survey.
(E) Exclusions from Assessment Phase
(1) Soils reports;
(2) Structural services;
(3) Civil services;
(4) Landscape services;
(5) Parking garage analysis;
(6) Site analysis.
TOTAL OF FEES FOR ASSESSMENT PHASE $32,225.00
II. Programming Phase. Architect shall provide the following Programming Phase Services:
(A) Make all necessary inquiries to facilitate the required collection of information to prepare
a complete,accurately assessed and designed Project;
(B) Agree that the Programming Phase is based on a$10 million ultimate build-out(based on
current dollars)over the next ten years;
(C) Take input from workshops and design committee input to develop a prioritized set of
goals and objectives for the future of the City's business offices;
(D) Utilize the vision documented in the Round Rock General Plan 2000 (adopted June 10,
1999)to adhere to the identified Goals and Objectives,-
(E)
bjectives;(E) Conduct three (3) planning and design workshops with client-identified participants to
determine specific goals for the Project, with Session 1 to be termed Introductory
Session, Session 2 to be termed Topic-based Workshops, and Session 3 to be termed
Summary Workshops;
(F) Summarize work accomplished and conclusions drawn from the workshops in a
presentation notebook of facility design guidelines to be used as a basis for changes to the
facility for the twenty-year plan.
The following consultants and scope requirements are included within the Programming Phase:
(A) Architectural -KA Hickman Architects&Interior Designers
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(1) Coordinate workshops;
(2) Compile information form workshops;
(3) Interview City personnel;
(4) Facilitate workshops;
(5) Correspond with Owner;
(6) Prepare Master Plan documents.
(B) Interior Design-PPDS
(1) Attend three programming workshops with Development Team and Round Rock
City Hall Executive Committee to establish primary department needs(including
current and 20-year growth projections), adjacencies, furniture system needs and
cost analysis,special equipment,IT,and audio/visual needs;
(2) Attend follow-up meetings with Development Team to compile information
gathered during workshops;
(3) Collaborate and assist as needed in development of Master Plan documentation
for Executive Committee review.
(C) Technology Consulting-Elert&Associates
(1) Assist Architect with initial meetings with Owner representatives relating to
specific technology needs for the Project;
(2) Make a preliminary site visit with Architect and, if determined and directed by
Architect,assist at a maximum of three all-day workshops;
(3) Review organizational chart provided by Architect and assist in recommending
specific participation by City departments relating to information-gathering for
systems to be included in the program and scope;
(4) Agree that the systems to be programmed may include building security
intrusion/access control/CCTV, VoIP telephone, premise cabling, data
network/data center,and fiber optic connectivity;
(5) Agree that the intent of the initial discovery and programming process is to
determine what technology systems and scope will need to be developed and
included in the completed Project, and to what extent same will be included in
the Project budget;
(6) Establish which systems, if any,City intends to provide or fund elsewhere;
(7) Agree that its deliverable will be an 8.5x11" written document outlining the
technology program requirements, along with preliminary "order of magnitude"
budgets.
TOTAL OF FEES FOR PROGRAMMING PHASE $42,775.00
III. Construction Phase. Architect shall provide the following Construction Phase Services:
(A) Assume the estimated construction cost for the first phase of construction is
approximately $1.5 million;
(B) Assume interior finish-out only, with no exterior work and no work on the existing
parking garage;
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(C) Assume inclusion of furniture selections and bidding;
(D) Assume exclusion of structural work;
(E) Assume the allowance for technology consulting and design is $25,000.00 included in
Architect's fee herein.
The following consultants and scope requirements are included within the Construction Phase:
(A) Architectural-KA Hickman Architects&Interior Designers
(1) Project coordinator;
(2) Architect of record;
(3) Interior design;
(4) Specifications;
(5) Construction documents;
(6) Bidding;
(7) On-site project observation.
(B) Interior Design and Furniture-PPDS
(1) Interior design;
(2) Color selections;
(3) Furniture selections;
(4) Construction documents;
(5) Specifications;
(6) On-site project observation.
(C) Mechanical,electrical,plumbing Engineering-ESA
(1) Mechanical,electrical,and plumbing design;
(2) Construction documents;
(3) Specifications.
(D) Technology Consulting-Elert&Associates
(1) Technology design for data systems;
(2) Allowance only for fee calculations(may vary with scope).
TOTAL OF FEES FOR CONSTRUCTION PHASE $105,000.00
TOTAL OF FEES FOR ALL PHASES $180,000.00
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