Contract - Architexas, Architecture Planning & Historic Preservation, Inc. - 7/13/2017 City of Round Rock Agreement
for Architectural Services for
Relocation/Restoration of Stagecoach Inn with
Architexas, Architecture Planning & Historic Preservation, Inc.
AGREEMENT made as of the Thirteenth (13th) day of the month of July in the year Two Thousand Seventeen
(2017).
BETWEEN the Architect's client identified as the City or the Owner:
City of Round Rock
221 East Main Street
Round Rock,Williamson and Travis Counties,Texas 78664
and the Architect:
Architexas—Architecture,Planning&Historic Preservation,Inc.
2900 South Congress Avenue, Suite 200
Austin,Texas 78704
For the following Project:
Professional architectural services related to the relocation/restoration of the Stagecoach Inn.
The Owner and the Architect agree as follows:
Architect will provide full architectural consulting services as outlined in this Agreement and in conformance with
the general project approach as described in the Round Rock Stagecoach Inn—Relocation Feasibility Study, dated
December 5, 2016, by Architect. In addition, Architect shall perform delineated project management and historic
preservation services as set forth herein and in the attached exhibits, incorporated herein by reference for all
purposes.
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
The Architect shall furnish the delineated services, including but not limited to meeting with the Owner's
representatives and others designated by the Owner to determine needs and requirements; rendering professional
consultation and advice; furnishing all necessary design and contract administration services for the referenced
Project;and providing other specialized services.
Architectural services shall include the submittal of plans for Texas Accessibility Standards(TAS)review, which is
a requirement of federal law to comply with the ADA if the construction budget exceeds$50,000. Owner shall pay
the fees related to the submittal of plans for TAS review.
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
The referenced Project consists of professional planning,design,and construction services related to the following:
Relocation/Rebuilding of the Stagecoach Inn.
00353420/ss2
1.1.2.2 The physical parameters are:
The Stagecoach is currently located on Round Rock Avenue in Round Rock,Texas and will be relocated to Bathing
Beach Park on Chisholm Trail in Round Rock,Texas.
1.1.2.3 The Owner's Program is:
The program of development shall include but not be limited to the following elements: Confirm Project Program
and Space Requirements, Schematic Design Phase, Design Development Phase, Construction Documents Phase,
Bidding Phase and Construction Administration Phase. The tasks performed as a part of each element shall be as
stated in Exhibit "A" attached hereto and incorporated herein for all purposes. The parties agree that elements or
portions thereof, may be omitted by the Owner for reasons including meeting the Project budget and Project
requirements.
Schedule:
Initial proposed schedule for the Project is attached as Exhibit"C." The Architect will maintain a detailed project
schedule in Microsoft Project or in an alternative format approved by the Owner throughout the duration of the
Project which will be attached as Exhibit"D"and incorporated herein for all purposes.
1.1.2.4 The financial parameters are as follows:
1. The Fee Schedule relative to this Agreement is set forth in Exhibit `B," incorporated herein for all
purposes,and is as follows:
A. Professional Services
In consideration for the professional services to be performed by the Architect, the Owner agrees
to pay the Architect a total sum not to exceed Ninety-Eight Thousand Three Hundred and
no/100 Dollars ($98,300.00). Said sum is a fixed not-to-exceed amount, and shall be paid as
delineated in the attached Exhibit`B" which is incorporated herein by reference for all purposes.
Such not-to-exceed sum includes amounts paid for Architect's services; for consultant fees for
MEP engineers, structural engineers, civil engineers, and ADA consultants as needed; and for
reimbursable expenses as set forth in Section B below.
B. Reimbursable Expenses Allowance
Payment for reimbursable expenses, including administrative charges and out-of pocket expenses,
shall not exceed the maximum sum of Two Thousand and no/100 Dollars($2,500.00),and such
amount is included in the not-to-exceed total fee of$98,300.00.
C. Additional Services
Additional services are defined as any services not included as part of the scope of work of the
project including revisions to previously-approved plans that necessitate additional work for the
Architect, substantive changes in Project scope, or additional work necessitated by unknown or
reasonably unforeseen circumstances. Any additional services shall be performed under a
supplemental agreement negotiated at a time subsequent to this Agreement.
1.1.2.5 The time parameters are:
Services hereunder shall commence within ten(10) days upon receipt by the Architect of a Notice to Proceed from
the Owner. Completion date shall be agreed upon by Owner and Architect and shall be incorporated in Exhibit"D."
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Other time parameters or adjustments to time parameters may be determined at a later date by mutual agreement of
the parties.
1.1.2.6 The proposed procurement or delivery method for the Project is: To be determined.
Professional services such as architectural/engineering will be engaged by negotiated contract.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
Laurie Hadley,City Manager
City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Joelle Jordan.AICP
Project Manager
City of Round Rock
301 W.Bagdad Avenue
Round Rock,Texas 78664
Telephone Number:(512)218-5422
Email Address: iiordan(ri>,roundrocktexas.gov
1.1.3.2 The Owner's consultants and contractors are:
Architect of Record/Prime Firm:
Architexas—Architecture, Planning&Historic Preservation,Inc.
Consultants:
To be submitted to Owner and approved by Owner.
1.1.3.3 The Architect's Designated Representative is:
Stanley O.Graves,FAIA
Architexas—Architecture,Planning&Historic Preservation,Inc.
2900 South Congress Avenue, Suite 200
Austin,Texas 78704
1.1.3.4 The consultants retained at the Architect's expense shall be submitted to and approved by Owner.
1.1.4 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or
extended without written agreement of the Owner and the Architect.
1.1.5 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 Agreement must be duly authorized by appropriate City Council or City Manager
action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the 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.
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1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely
manner regarding requirements for and limitations on the Project.
1.2.2.2 The Owner shall establish and periodically update the budget for the Project, including that portion
allocated for the Cost of the Work,the Owner's other costs,and reasonable contingencies related to all costs.
1.2.2.3 The Owner's Designated Representatives identified in Paragraph 1.1.3.1 shall be authorized to act on the
Owner's behalf with respect to the Project. The Owner or Owner's Designated Representatives 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 may furnish the services of consultants other than those designated in Paragraph 1.1.3.2 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 or a change in the scope of the Project. Any service
furnished by the Architect at the Owner's request must be approved by the Owner.
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, the Owner shall furnish or pay
for tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests,tests for air and water pollution,and tests for hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, which
may be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 Each party shall provide prompt written notice to the other if 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 The 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
the Owner and are not to be included by the Architect in the specifications for the Project.
1.2.2.9 Owner agrees to pay the actual costs of review fees associated with Texas Building Accessibility reviews,
reviews by other authorities having jurisdiction,and any other required filing fees.
1.2.2.10 The Owner will provide the Architect with miscellaneous items such as the Project Facility Program, one
digital copy of the City of Round Rock General and Supplementary Conditions for Building Construction, Wage
Rates, Contract and Bond Forms, and such other information and materials as may be necessary and practicable for
the orderly and expeditious progress of the work and the awarding of the construction contract. To the extent
practicable,these documents shall be utilized in the preparation of the construction documents.
1.2.2.11 The Owner will provide timely review and response to inquiries in order to maintain an orderly progression.
1.2.2.12 Any information related to design standards and Owner-furnished equipment specifications not provided
pursuant to Section 1.2.2.10 above and desired by the Architect from the Owner must be requested by the Architect
in writing during the initial Phase of the Project.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect,the Architect's employees and the 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 detailed schedule in
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Microsoft Project or an approved alternative format for the performance of the Architect's services which initially
shall be consistent with the time periods established in Exhibit "C" and which may be adjusted, if necessary and
approved by the 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 the Owner.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3.3 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 written consent,the Architect shall not engage in any activity,or
accept any employment, interest or contribution that would reasonably appear to compromise the Architect's
professional judgment with respect to this Project or compromise the performance of the approved schedule for 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. Each party shall provide prompt written notice to the other if 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 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,for the Contractor's overhead and profit.
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 by the Owner. All of the
Architect's designs and work product under this Agreement, including but not limited to Tracings, Drawings,
Estimates, Specifications, Investigations, Studies and other documents, shall be the property of the Owner, to be
used as the Owner desires; by execution of this Agreement and in confirmation of the fee for services to be paid
under this Agreement,the Architect hereby conveys,transfers and assigns to the Owner all rights under the Federal
Copyright Act of 1976 (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 the Architect. The Architect shall be liable to the Owner for any loss or
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damage to any such documents while they are in the possession of or while being worked upon by the Architect or
anyone connected with the Architect, including agents,employees,consultants or subcontractors. All documents so
lost or damaged shall be replaced or restored by the Architect without cost to the Owner.
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner permission to reproduce the
Architect's Instruments of Service 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 permission from the Architect's consultants consistent with this Agreement.
Upon termination of the Agreement, 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 for the purposes of completing,using and maintaining the Project or additional projects.
1.3.2.3 The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any 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.
Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes
in connection with the Project is permitted. 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 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 not otherwise provided in this
Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted digitally by the Architect to the Owner for approval
on a minimum 24-inch by 36-inch format, 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, the Architect shall, within thirty (30) calendar days
from receipt of final-as-built mark-ups from the contractor, deliver to the Owner the reproducible Record Drawings
and Record Specifications as described supplementally herein. In addition,the 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.
1.3.2.7 The Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by
the architect making that change and shall be appropriately marked to reflect what was changed or modified. To the
extent permitted by law, the Owner agrees to indemnify, defend and hold harmless the Architect for any claims,
damages, suits and loss of every kind and nature for the unauthorized re-use of the Architect's Instruments of
Service.
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.
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 appropriate City Council or City Manager
action.
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 lien notice or filing deadlines prior to resolution of
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the matter by mediation.
1.3.4.2 The Owner and the 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,
and mediation shall proceed in advance 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 The Owner and the Architect hereby expressly agree that no claims or disputes between the Owner and the
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 the Owner is subject to an arbitration
proceeding related to the Project, the Architect consents to be joined in the arbitration proceeding if the Architect's
presence is required or requested by the 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 Section 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson
County,Texas.
1.3.7.2 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.
1.3.7.3 To the extent damages are covered by property insurance during construction,the Owner and the Architect
waive all rights against each other. The Owner, 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.
1.3.7.4 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 the Architect.
1.3.7.5 Unless otherwise provided in this Agreement, the Architect and the 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.
1.3.7.6 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.
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1.3.7.7 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 seven (7) 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.
1.3.7.8 The Owner and the 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 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.
1.3.7.9 All Exhibits to the Contract are incorporated herein as a part of the Contract. Any inconsistencies or
conflicts in Contract and Exhibits shall be resolved by giving preference to pages one(1)through nine(9)of the
Contract.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in substantial compliance with this Agreement, such
failure may 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
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 In connection with the work outlined in this Agreement, it is agreed and fully understood by the Architect
that the Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause
or for the convenience of the Owner, upon fifteen(15)days' written notice to the Architect,with the understanding
that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease.
The Architect shall invoice the 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 property of the Owner upon termination of this Agreement, and shall be
promptly delivered to the Owner in a reasonably organized form without restriction on future use. Should the
Owner subsequently contract with a new architect for continuation of services on the Project, the Architect shall
cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require the Owner to pay for any work which
is unsatisfactory as determined by the Owner's representative or which is not submitted in compliance with the
terms of this Agreement. The Owner shall not be required to make any payments to the Architect when the
Architect is in default under this contract, nor shall this section constitute a waiver of any right, at law or at equity,
which the Owner may have if the 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 ARCHITECT
1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of the Architect's
statement of services.
1.3.9.2 Reimbursable Expenses, in an amount not to exceed $2,500.00, are inclrtded in the not-to-exceed sum for
compensation for the Architect's services and include expenses incurred by the Architect and the Architect's
employees and consultants directly related to the Project,as described in 1.1.2.4.B.
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 promptly provided to the
Owner or the Owner's authorized representatives.
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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 the Owner and the
Architect.This Agreement comprises the documents listed below.
1.4.1.1 Architectural Services Agreement between Owner and Architect.
1.4.1.2 Other documents as follows:
Exhibit"A"Scope of Service.
Exhibit"B"Compensation and Hourly Rate Schedule
Exhibit"C"Project Schedule
Exhibit"D"Project Schedule(to be attached subsequent to execution)
"Supplemental Agreement No. 1"supplementing Architectural Services Agreement between Owner and Architect.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provide that it is a violation of
ADA/TAS to design and construct a facility for first occupancy later than January 26, 1993 that does not meet the
accessibility and usability requirements of the ADA/TAS except where an entity can demonstrate that it is
structurally impractical to meet such requirements. The Architect will use its best professional efforts to interpret
and meet applicable ADA/TAS requirements and other federal, state and local laws, rules, codes, ordinances and
regulations as they apply to the Project.
ARTICLE 1.5 COMPENSATION
1.5.1 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 and in format requested by the Owner.
1.5.2 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-disputed amounts unpaid sixty
(60)days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
Payments hereunder shall be made in accordance with the Prompt Payment Act.
This Agreement entered into as of the day and year first written above.
[Signatures on the following page]
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OWNER ARCHITECT
CITY OF ROUND ROCK,TEXAS ARCHITEXAS,INC.
By: & NBy:
Mayor,Craig *organ
Date: Y Date: ✓lam! Zol -7
ATTEST:
By: t •
Sara L.White,City Clerk
FOR CIT PPROVED A TO FORM:
By:
Stephan L.S eets,City Attorney
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SUPPLEMENTAL AGREEMENT NO. 1
CITY OF ROUND ROCK §
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This document is entitled Supplemental Agreement No. 1, and it supplements "City of Round
Rock Agreement for Architectural Services for Relocation/Restoration of Stagecoach Inn with Architexas
—Architecture Planning& Historic Preservation,Inc."for the following Project:
Professional architectural services and design services related to the following:
Relocating and rebuilding of the Stagecoach Inn in Round Rock, Texas. The project
(hereinafter the"Project")will consist of three(3)construction phases.
Professional services for this Project shall include, but not be limited to, Schematic
Design, Design Development, Construction Documents, Bidding, and Construction
Observation. In addition, Architect shall perform delineated project management and
historic preservation consulting services. Architect shall be the Architect of Record, and
shall be in charge of coordination of consultants.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements,that being the 13th day of July, 2017, 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 ARCHITEXAS, INC.,
with offices located at 2900 South Congress Avenue, Suite 200,Austin,Texas 78704(hereinafter referred
to as"Architect").
WITNESSETH :
WHEREAS, as is recited in the Agreement this document supplements, City intends to provide
services for the design, construction, and project management of the Project. Architect's services are
desired for purposes including but not limited to being architect of record, coordinating consultants,
planning, civil, architectural, design, structural, mechanical/electrical/plumbing engineering services,
confirming project program and space requirements, document production, bidding-related services, and
construction observation services related to the Project; and
WHEREAS, total compensation for Architect's services under this Agreement shall not exceed
the following: $98,300.00, including reimbursable expenses in an amount not to exceed$2,500.00; and
WHEREAS, City may, at its sole discretion, request consulting services related to historic
preservation in an amount not to exceed 100 hours, which amount is included in the not-to-exceed total
compensation of$98,300.00; and
WHEREAS,City shall only be billed for the number of hours requested for historic preservation
consulting services;and
0038008 Uss2
WHEREAS, as is recited in the Agreement this document supplements, City desires to contract
with Architect for the delineated professional services, and for the administration of the Construction
Contract during 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;
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 the Agreement this
document supplements and herein.
1.02 Compensation. City shall compensate Architect in accordance with the terns and conditions as
recited in the Agreement this document supplements and herein.
Architect's total compensation hereunder shall not exceed Ninety-Eight Thousand Three
Hundred and no/100 Dollars ($98,300.00), including a not-to-exceed amount of Two Thousand Five
Hundred and no/100 ($2,500.00) 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, civil, architectural, design, structural, mechanical/electrical/plumbing
engineering services, project program and space requirements, document production, bidding-related
services, and construction observation 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 in Microsoft Project or an alternative program approved by the City, shall be agreed upon by
Architect and the City, 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 acceptable and
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professional standard.
2.01.1 Specialty Historic Preservation Services. This Project is unique in that it will preserve a
historical building. Certain donations may be received by the City in the form of labor and/or materials
for this Project. Architect agrees to work with all donors of appropriate trades and materials for this
Project. City shall inform Architect of any donations received so that said donations can be incorporated
into the Project in a timely manner. This work will be performed at the Architect's hourly rate.
2.02 Schematic Design Phase. Architect shall provide the following Schematic Design Phase
Services: as delineated in the Agreement this document supplements.
2.03 Design Documents Phase. Architect shall provide the following Design Documents Phase
Services: as delineated in the Agreement this document supplements and herein,and as follows:
(1) Architect shall prepare Design Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work, said Design Documents to
include adequate specifications for elements of the Project for consideration and approval
by the City. One (1) digital copy each of said documents shall be submitted to City, each
consisting of drawings and other documents to fix and describe the size, cross sections
and character of the Project as to architectural, structural, mechanical and electrical
systems, materials, and such other essentials as may be necessary and appropriate. Said
documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means
of plans, sections and elevations, typical construction details, and equipment layouts.
Said documents shall include outline specifications that identify major materials and
systems and establish in general their quality levels.The Design Document Phase shall be
completed within the agreed Performance Schedule.
2.04 Construction Documents Phase. Architect shall provide the following Construction
Documents Phase Services: as delineated in the Agreement this document supplements and herein,and as
follows:
(1) Architect shall prepare from the approved Design Development Documents and updated
budget for the Cost of the Work, for consideration of and approval by the City,
Construction Documents, which documents shall set forth in detail the requirements of
the entire Project, including the necessary bidding information prepared in such a way to
allow City, if it so desires, to advertise for the award of one or more contracts for the
construction and completion of the entire Project, or any phase thereof, and Architect
shall assist City in preparation of the Bidding Forms, shall utilize without modification
City's standard General and Supplementary General Conditions, and shall draft all
Special Conditions of the Contract. City's standard form of Contract between City and
the Contractor shall also be utilized, along with City's form of Bid Bond, Performance
Bond and Payment Bond. Architect shall also compile the Project Manual that includes
the Conditions of the Contract for Construction and Specifications and may include
bidding requirements and sample forms.
(2) Architect shall provide the City a digital copy of a complete set of proposed Construction
Documents for review and official approval prior to the advertisement of bids for the
construction of the Project, and within the agreed Performance Schedule following
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approval of the Design Documents.
(3) Architect shall be solely responsible for obtaining the prior approval of the Texas
Department of Licensing and Regulation prior to submittal of all Construction
Documents to City for approval. Any fees charged by the Department for this approval
shall be paid by the City.
2.05 Bidding and/or Negotiation Phase. Architect shall provide the following Bidding/Negotiation
Services: as delineated in the Agreement this document supplements and herein,and as follows:
Following City's approval of the Construction Documents and of the latest Statement of Probable
Construction Cost, Architect shall assist the City in awarding a construction contract following legal
public bid requirements. Architect shall arrange for procuring the reproduction of Bidding Documents,
distributing same to prospective bidders, and maintaining records. Bidders shall be responsible for
payment for the costs of reproduction of such documents. During the bid process, Architect shall assist
City as follows:
(1) Conducting pre-bid conferences, including on-site visits as required, to endeavor to
assure that bidders understand the Construction Documents, the various on-site
conditions,and the coordination and scheduling requirements.
(2) Preparing bid documents and responses to questions from prospective bidders, and
providing clarifications and interpretations of the Bidding Documents to all prospective
bidders in the required form of addenda to Contract Documents.
(3) Assisting in the opening of bids, conducting tabulation and evaluation of bids received,
and advising on award of the contract.
(4) Conducting pre-award conferences where necessary.
Architect's assistance to City shall include submitting written reviews and recommendations for
awards based upon the acceptability of bids; and, if required by City, more detailed analyses of specific
bids. Reviews shall also consider the responsiveness of bids and their conformity with Bid Documents.
In addition to the tasks set forth in 2.05,Architect shall be responsible for all bid and proposal services set
forth in Exhibit"A"of the Architectural Services Agreement.
2.06 Construction Observation Phase. Architect shall provide the following Construction
Observation Phase Services: as delineated in the Agreement this document supplements and herein, and
as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one-year warranty inspection of the completed Project, correction of all
defects in Project materials and workmanship, and resolution of all Project-related claims and disputes.
During the Construction Phase,Architect shall provide the following services:
(1) Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially modified
without Architect's written consent.
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(2) Architect shall review properly prepared,timely requests by the Contractor for additional
information about the Contract Documents. A properly prepared request for additional
information about the Contract Documents will be in a form prepared or approved by
Architect and will include a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification
requested.
(3) If deemed appropriate by Architect, Architect will on Owner's behalf prepare, reproduce
and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and initial decisions, Architect will
endeavor to secure faithful performance by both Owner and the Contractor, will not show
partiality to either, and will not be liable for the results of interpretations or decisions so
rendered in good faith.
(5) Architect shall render initial decisions on claims, disputes or other matters in question
between Owner and the Contractor as provided in the Contract Documents. However,
Architect's decisions on matters relating to aesthetic effect will be final only if consistent
with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all known and substantial deviations from the Contract
Documents and most recent construction schedule submitted by the Contractor.
However, Architect will not be responsible for the Contractor's failure to perform work
in accordance with requirements of the Contract Documents. Architect will be
responsible for Architect's negligent acts or omissions, but will not have control over or
charge of and will not be responsible for acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or any other persons or entities performing
portions of the work.
(7) Architect will at all times have access to the work wherever it is in preparation or in
progress.
(8) Owner will endeavor to communicate with the Contractor through Architect about
matters arising out of or relating to the Contract Documents. Communications by and
with Architect's subconsultants will be through Architect.
(9) Architect,as a representative of City, shall advise and consult with Director and will keep
City informed in writing through him of the progress of the Project, including percent
complete on a monthly basis, during the Construction Phase; and after issuance of the
"work order"to proceed with the work,all of City's instructions to its Contractors will be
issued through Architect. Architect will have authority to act on behalf of Owner only to
the extent provided in this Agreement unless otherwise properly modified by written
amendment.
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(10) Architect shall provide, during construction, adequate and competent on-site construction
observation, periodically visiting the site to the extent necessary to personally familiarize
itself with the progress and quality of the work, and to determine if the work is
proceeding in substantial accordance with the Contract Documents. Architect's site
observations may be conducted with Owner's designated representative to check
conformance of the work with the requirements of the Contract Documents and to verify
the accuracy and completeness of the list submitted by the Contractor of work to be
completed or corrected. Field Reports of each visit shall be prepared by Architect and
submitted to City. Architect shall employ reasonable measures to safeguard City against
defects and deficiencies in the work of the Contractor. Architect shall not be responsible
for the construction means, methods, techniques, sequences of procedures, nor for the
safety precautions and programs employed in connection with the work. However,
Architect will immediately inform Director whenever defects and deficiencies in the
work are observed, or when any observed actions or omissions are undertaken by the
Contractor which are not in the best interests of City and the Project.
(11) Based on such observations at the site and on the Contractor's Application and Certificate
for Payment, Architect shall determine,monthly,the amount owing to the Contractor and
shall certify and forward the Contractor's Application and Certificate for Payment to
Director for approval and payment. These certifications shall constitute a representation
by Architect to City, based on observations at the site and other data comprising the
application for payment, that the work has progressed to the point indicated; that to the
best of Architect's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents (subject to an evaluation of the work as a
functioning whole upon substantial completion, to the results of any subsequent tests
required by the Contract Documents, to minor deviations from the Contract Documents
correctable prior to Project completion, and to any specific qualifications stated in the
Certificate);and that the Contractor is entitled to payment in the amount certified.
(12) Architect shall have authority to reject work which does not conform to the Contract
Documents. Whenever Architect considers it necessary or advisable, Architect will have
authority to require inspection or testing of the work in accordance with the provisions of
the Contract Documents, whether or not such work is fabricated, installed or completed.
However, neither this authority of Architect nor a decision made in good faith either to
exercise or not exercise such authority shall give rise to a duty or responsibility of
Architect to the Contractor, Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing portions of the work.
(13) Architect shall make recommendations on all claims and disputes of City or the
Contractor relating to the execution and progress of the work or the interpretation of the
Contract Documents, based upon such review and analysis by Architect as may
reasonably be required. In the event of litigation, where Architect is named as an
additional party with the City, such assistance will include the availability of
knowledgeable witnesses in the employ of Architect for expert testimony.
(14) Architect shall use its best efforts to promptly review and approve, reject, or take other
appropriate action with shop drawings, product data and samples and other submissions
of the Contractor for conformance only with the design concept of the Project and with
the information given in the Contract Documents.Architect shall establish and implement
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precise procedures, to be approved by City's Director, for expediting the processing and
approval of these submissions without delay. Prompt review by Architect of submissions
is of prime importance to City and an absolute necessity under the time constraints of the
Proj ect.
(15) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in six (6) copies, after review and approval by City. Each Change
Order shall be specific and final as to prices and extensions of time, with no reservations
or other provisions allowing for future additional money or time as a result of the
particular changes identified and fully compensated in the Change Order.
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director for City's approval and payment. In
addition,Architect shall make inspection of the Project at least thirty(30) days before the
expiration of the one(1)year warranty contained in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor
and major Subcontractors. Minutes of same shall be prepared by Architect with copies
submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work, consistent
with the Contract Documents, and not involving an adjustment in the Contractor's bid
price or an extension of the Project Schedule. Such changes shall be accomplished by
Field Order. In addition, Architect may issue written Field Orders which interpret the
Plans and Specifications,with copies submitted to City's Director.
(19) Architect shall assemble and deliver to City a set of reproducible Record Construction
Drawings showing significant changes in the work during the construction process and
final location of mechanical and electrical service lines and outlets, based upon marked-
up prints of drawings and other data furnished by the Contractor to Architect. Architect
shall provide Record Construction Specifications which will identify the changes in the
specifications on a sheet, which sheet will be inserted at the beginning of each section to
which they pertain.
(20) Architect shall obtain from the Contractor and forward to Owner the following: (1)
consent of surety or sureties, if any, of reduction in or partial release of retainage or the
making of final payment; and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying Owner against liens.
2.07 Warranty Phase. Architect shall assist Owner in scheduling corrections to be made by the
Contractor during the warranty period. During the eleventh month following completion of the prime
general contract, Architect will arrange for a warranty inspection tour of the entire Project by authorized
representatives of City, the Subconsultants and of each prime contractor engaged on the Project.
Architect shall then prepare a list of work which needs to be done by each prime contractor to satisfy that
prime contractor's warranty obligations to City. For any non-warranty involvement of Architect,
payments shall be made based upon the Hourly Rate Schedule contained in this Agreement.
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2.08 Project Representation Beyond Basic Services. In the event that circumstances should develop
whereby continuous, full-time representation at the Project site 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.
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 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor.Any charges which may be assessed
for tap fees will be paid by City and are not to be included by Architect in the Specifications for the
Proj ect.
3.05 Fees. City shall pay for fees required for Architect's submittal and approval of documents as set
forth in the Agreement this document supplements.
3.06 Miscellaneous items. City will also provide Architect with City of Round Rock General and
Supplementary General Conditions for Building Construction, Wage Rates, Contract and Bond Forms,
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 is still
less then 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, City at its option
may either (1) give written approval of an increase in such fixed limit, with no obligation to increase
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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), if the
lowest responsible bid exceeds the Budgeted Construction Cost by more than ten (10%), 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. If the
lowest responsible bid is within ten percent(10%)of the Budgeted Construction Cost,the Architect shall,
upon the City's request and as an Additional Service, make revisions to Drawings and Specifications to
reduce the Probable Construction Cost. However, when the excess is due to changes initiated by
Architect in scope, basic systems or the kinds and quality of materials, finishes or equipment, Architect
shall make revisions at no additional cost to City.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are included in the total not-to-exceed fee
delineated in the Agreement this document supplements and herein, and include the actual expenditures
and actual costs set forth in the Agreement this document supplements.
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, as delineated in the Agreement this document
supplements and herein.
As to the Construction Observation Phase fee apportionment, Architect shall invoice for equal
monthly payments based upon the contractually-stipulated Construction Period.
6.02 Reimbursable Expenses. Payments for authorized Reimbursable Expenses for Architect, as
hereinbefore referred to and in an amount not to exceed $2,500.00, 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
9
requested by Director, Architect shall comply promptly with such request. In this regard, should Director
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" and "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 indemnify and hold City, its officers,
and employees, harmless against 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,to the extent that may arise out of or be occasioned by Architect's negligent 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
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 indemnify and
hold harmless City, its officers, 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. Architect will pay resulting costs,
damages and reasonable attorney's fees finally awarded, but only to the extent cause by its negligence,
and provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has control of settlement negotiations.
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(a) 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 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. Failure to maintain the minimum insurance coverage during the term of this Agreement shall be
considered a material breach of this Agreement.
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.
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.
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, or non-
renewal, a notice thereof shall be given to City by certified mail to:
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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,or non-renewal 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 in effect at the time of this Agreement. 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
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
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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 perforin 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.
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
14
City Manager,City of Round Rock Stephan L. Sheets, City Attorney
221 East Main Street and to: 309 East Main Street
Round Rock,Texas 78664 Round Rock,Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
Architexas, Inc.
2900 South Congress Avenue
Suite 200
Austin,Texas 78704
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name b its Mayor, duly authorized to execute the same in its behalf by Resolution No.
—�('"—; approved by the City Council on July 13,2017, and Architexas Inc. 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 ARCHITEXAS,INC.
4 By: By:
Craig rgan,M or
Date:
Date: li 20/7
ATTEST:
By: -
Sara L. White,City Clerk
FOR C*Stephan
ED AS O FORM:
By:
ts, City Attorney
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.
15
Architexas
EXHIBIT A
CITY OF ROUND ROCK
STAGECOACH INN RELOCATION
The City of Round Rock(CoRR)commissioned a Round Rock Stagecoach Inn Relocation Feasibility Study
that was completed by ARCHITEXAS in December of 2016. Relocation of the historic portion of the
Stagecoach Inn to the"Park"site was proposed to be accomplished in four phases. The first three phases
of that Feasibility Study is the basis for this proposal and scope. The estimated cost of Phases 1-3 of the
Stagecoach Inn relocation is$505,327.
Assumptions:
1. CoRR will make available any relevant reports, tests, surveys or documents related to the "Park"
site and the Architect will be able to rely upon the accuracy of the material.
2. CoRR will provide any required Environmental Assessment or Cultural Resource Investigation of
the"Park" site. CoRR does not anticipate there will be a required Assessment or Investigation.
3. Due to the limited time frame and scope of this project: The Architect will submit only 50% and
95% review sets of Construction Documents for CoRR review.
4. All utilities required for the project are available at the"Park"site and no design will be provided for
any and all offsite utility infrastructure, roads, streets, drives, drainage and amenities. These are
specifically excluded from this proposal.
5. Bidding Phase services will be limited to preparing bid documents, leading a Pre-bid meeting,
responding to RFIs and preparing Addendums as needed.
6. The General Contractor selected to construct the improvements will be responsible for obtaining a
Building Permit and for bringing plans through the permit process.
7. The"Park"site is considered to be the footprint of the relocated historic Stagecoach Inn and 20'-0"
out in all directions.
SCOPE OF SERVICES
ARCHITEXAS proposes the following Scope of Services:
1. PRE-DESIGN SERVICES/DESIGN SERVICES
1.1 Kickoff and Orientation Meeting
The Consultant will conduct an orientation/kick-off meeting for all of the key stakeholders
to explain the process and how each entity can participate most effectively. The objects of
this meeting are to:
• Identify Key decision makers and lines of Authority
• Confirm the calendar for the project identifying milestones, key dates and
requirements for attending public meetings
• Confirm the Project Program
• Confirm the Project Schedule
• Confirm the Project Budget
Dallas I Austin 1907 Marilla St. 2900 S.Congress Ave.
www.architexas.com Second Floor Suite 200
Dallas,Texas 75201 Austin,Texas 78704
p 214.748.4561 p 512.444.4220
Architexas
1.2 Tour Site and Obtain Reports, Documents and Data Pertaining to Round Rock Stagecoach
Inn (RRSI)
The Consultant will tour existing and new RRSI site to become familiar with sites and to
gain understanding of issues to be addressed in the relocation.
The Consultant will obtain the following Documents, Reports and Data related to the RRSI
project:
• Topographic and Boundary Survey of the proposed project site
• Geotechnical/Subsurface Engineering Report with Recommendations
• Permits for Water Quality, Environmental Assessment and Cultural Resources
indicating the site is approved for the proposed future development
1.3 Schematic/Design Development Combined (50% Submittal)7 Weeks
A. Schematic Design Drawings
The Consultant will prepare drawings to illustrate the design concepts required for
the relocation of the RRSI from its existing site to its new site, including foundation
plans and electrical plans.
B. Estimate of Probable Cost
The Consultant will prepare an estimate of probable cost based on the Schematic/
Design Development drawings. The estimate will be delivered to the CoRR Project
Manager two (2)weeks after the completion of the 50% Schematic/Design
Development submittal.
1.4 Contract Documents (95% Submittal) 6 Weeks)
A. Based upon approved 50% drawings of Schematic/Design Development and
incorporating any changes from CoRR Project Manager, the Consultant will
prepare complete Contract Documents. The intent of the Contract Documents is
to include necessary items for a Design/Bid/Build project delivery method.
B. Estimate of Probable Cost
The Consultant will prepare a cost estimate based on the completed 95%
Construction Documents. The estimate will be delivered to the CoRR Project
Manager two (2) weeks after completion of the 95% Construction Document
submittal.
Deliverables.-
95%
eliverables:95% Contract Construction Documents
• 95% Technical Specifications
• Division l Technical Specifications (prepared by Consultant and CoRR Project
Manager)
• Division 2— 16 Technical Specifications
• Estimate of Probable Construction Cost
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A.rchitexas
1.5 Invitation for Bid Documents(100% Submittal) 2 Weeks
A. Based upon 95% Construction Documents which have been reviewed and
accepted by the CoRR and the incorporation of any changes or adjustments
directed by the CoRR Project Manager, the Consultant will prepare Invitation for
Bid (IFB) Documents in compliance with CoRR standards and subject to CoRR
approval. The intent of the IFB Documents is to include all items and final changes
necessary for the proper execution and completion of the construction work based
on a Design/Bid/Build project delivery method.
1.6 Bid Document Distribution
A. The Consultant will be responsible for printing the Bid Documents or distributing
them to bidders and proposers and CoRR designated plan rooms in accordance
with instructions and approval from the CoRR Project Manager. Cost for printing
documents will be the responsibility of the bidders and proposers.
2. BID AND PROPOSAL EVALUATION—Five (5)Weeks
2.1 Interpretation of Bid Documents
A. During the bid period, bidders may request, in writing, clarification or interpretation
of any apparent inconsistencies between different provisions of the contract
documents or any other point in the bid documents. The Consultant will issue all
interpretations as addenda in a timely manner in consultation with CoRR and will
distribute such addenda to prospective bidders or proposers, plan holders and
code agencies in accordance with instructions and approval from the CoRR Project
Manager.
2.2 Pre-Bid/Proposal Meeting and Site Visits
A. The Consultant will be represented at pre-bid,pre-proposal meetings and site visits
to respond to inquiries and requests for interpretations by prospective bidders and
proposers unless directed otherwise by CoRR. The Consultant will also prepare
written responses to questions and will forward these responses to CoRR for
review and acceptance.Answers to questions that do not change the Contractor's
scope of work will not be issued as addenda.
2.3 Bid Opening
A. If requested by CoRR, the Consultant will be present at Bid opening, otherwise,
the CoRR will transmit to Consultant one digital copy of each proposal for
Consultant review of Bids and recommendation of the Apparent Low Bidder. The
Consultant will not duplicate in any form the Bid documents, and will return the Bid
documents to CoRR on completion of the Consultant review.
2.4 Bid and Proposal Evaluation
A. The Consultant will assist CoRR in reviewing, checking, and evaluating bids and
proposals, preparing bid tabulations and making written recommendations to the
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Archirexas
CoRR Project Manager for the award of contract during the five (5)calendar days
following a bid or proposal opening.
2.5 Conformed Documents (Incorporation of Addenda)
A. As directed and approved by the CoRR Project Manager, the Consultant will
incorporate all Addenda in the Contract Documents. Only changes made in
formally issued addenda may be incorporated into the documents.
2.6 Pre-Construction Meeting
A. Consultant will attend a Pre-Construction Meeting before mobilization at the site.
3. CONSTRUCTION SUPPORT SERVICES —Six to Eight (6-8) Months (or as needed to complete
the Project)
The Consultant will provide Construction Support Services in support of CoRR Project Manager.
The Construction Phase begins with the Issue of Notice to Proceed (NTP) to the Contractor. The
Consultant will provide the following services during Construction Administration:
• Attend construction meetings every other week or as needed
• Chair the Construction Progress Meetings, prepare and distribute meeting agenda, minutes
and updates to schedule and budget
• Visit project site at appropriate intervals; complete observation reports
• Review and process submittals; adhere to standard procedures established by the CoRR
Project Manager regarding stamping and filing submittals.
• Interpret contract documents
• Review and evaluate contract documents
• A&E will prepare and submit to GC a calendar, outlining milestone dates for Key Submittalsg
GC will comment on schedule and A&E shall revise and A&E, CoRR, and GC shall formally
accept calendar during negotiation with GC
• A&E will receive, review and respond to all GC RFIs and Submittals and will report the status
to CoRR
• A&E will prepare and negotiate Change Requests/Change Orders for authorization by CoRR
Project Manager
• Assist CoRR Project Manager in final acceptance review
3.1 Construction Meetings
A. The Consultant will attend and conduct the pre-construction conference for general
review with the Contractor of all the Contract requirements. The meeting Agenda
and Schedule will be set by the A&E with input from the CoRR Project Manager.
3.2 Bi-Weekly Meetings
A. The Consultant will attend bi-weekly construction meetings and such other
construction meetings,which the CoRR Project Manager notifies the Consultant is
needed to maintain construction schedules and quality.
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3.3 Review of Submittals
A. Based on the list of required submittals and approved submittal schedule as
required by the Contract Documents, the Consultant will review and accept
Contractor submittals for conformance with the design concept of the project and
the Contract Documents. Returned submittals will include the Consultant's
comments and any corrections or revisions, which are required to obtain its
acceptance. Submittals shall be processed within fourteen (14)days or as quickly
as feasible.
3.4 Requests for Information (RFI)
A. The Contractor will submit any Requests for Information (RFI) or clarification of
drawings and specifications to the A&E for review, response and approval. The
Consultant will communicate status to CoRR. RFIs shall be responded to within
three(3) days of receipt or as quickly as feasible.
3.5 Changes in the Work
A. The Consultant, when requested by the CoRR Project Manager, will assist the
CoRR Project Manager in a timely manner to review, evaluate, prepare and
process all Construction contract changes (Change Notices, Change Directives
and Change Orders). When directed by the CoRR Project Manager, the
Consultant will prepare a Change Request including but not limited to the following:
• Cost Estimate consistent with Standard Cost Estimate format
• Evaluation of Schedule impact stated in days of duration and specifying Contractor
activities impacted
• Document Preparation. The Consultant will prepare specifications and
construction drawings to depict the change proposed. Prepare appropriate
revisions to the contract drawings and specifications for the project required by the
change and provide the number of copies of these documents as required in the
Consultant's"Issue for Construction" submittal requirements
3.6 Contractor Substitutions
A. The Consultant will in a timely manner review, evaluate and make
recommendations on all contractor requests for the use of "or equals" and
substitutions. If the Consultant does not recommend acceptance of a substitution
or an"or equal", it will provide specific and detailed reasons for its denial in writing.
3.7 Construction Observation
A. Site Visits
The Consultant will conduct the site visits with the CoRR Project Manager or its
designated representative and, prior to leaving the site, will verbally discuss with
the CoRR Project Manager or his authorized representative any observed defects,
deficiencies and other problems and possible solutions to those problems.
Consultant will not be required to make exhaustive or continuous site visits to
check quality or progress of the work and will follow-up with a written report.
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Archizexas
During the visits to the site, the Consultant will review the GC's Field Set
Documents to ensure the GC and subcontractors are providing notations in red ink
or by overlay detail, describing any variation between the "as drawn" and "as
constructed" conditions, and observe work to monitor compliance with Contract
Documents.
B. Observation Reports
If Consultant is called upon to observe the work of the Contractor(s) for the
detection of defects or deficiencies in such work, Consultant will not bear any
responsibility or liability for such defects or deficiencies or for the failure to so
detect. Consultant shall not make inspections or reviews of the safety programs
or procedures of the construction contractor(s), and shall not review their work for
the purpose of ensuring their compliance with safety standards. If Consultant is
called upon to review submittals from construction contractors, Consultant shall
review and approve or take other appropriate action upon construction
contractor(s)' submittals such as shop drawings, product data and samples, but
only for the limited purpose of checking for conformance with information given
and the design concept expressed in the contract documents. The Consultants'
action shall be taken with such reasonable promptness as to cause no delay in the
work while allowing sufficient time in the Consultants' professional judgment to
permit adequate review. Review of such submittals will not be conducted for the
purpose of determining the accuracy and completeness of other details such as
dimensions and quantities. Consultant shall not assume any responsibility or
liability for performance of the construction services or for the safety of persons
and property during construction or for compliance with federal, state and local
statutes, rules, regulations and codes applicable to the conduct of the construction
services. Consultant shall have no influence over the construction means,
methods, techniques, sequences or procedures. Construction safety shall remain
the sole responsibility of the construction contractor(s).
C. Punch Lists
Upon receipt of Notice of Substantial Completion from the GC, the Consultant will
arrange to visually review the facility for purposes of preparing a Punch List,
outlining items to be corrected, touched up, replaced or finished before the project
is ready for occupancy. The Consultant will lead a final walk-through of the facility
to verify that the contractor has completed the work identified on the punch list in
an acceptable manner and that the facility is ready to be turned over to the CoRR.
3.8 Project Close-Out
A. The Consultant will participate with the CoRR Project Manager in the preparation
of any final inspection certificates and documents required to close out affected
contracts and to facilitate final payment by the CoRR Project Manager.
3.9 Warranties
A. Review and determine the acceptability of any written warranties and guaranties
required by the Contract Documents for the project, which the contractor submits
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Archirexas
to the CoRR Project Manager prior to the CoRR Project Manager acceptance of
final payment
Construction Phase Services—Clarification. If the Consultant is called upon to
observe the work of construction contractor(s)for the detection of defects or
deficiencies in such work,the Consultant will not bear any responsibility or liability
for such defects or deficiencies or for the failure to so detect. The Consultant shall
not make inspections or reviews of the safety programs or procedures of the
construction contractor(s), and shall not review their work for the purpose of
ensuring their compliance with safety standards. The Consultant shall have no
influence over construction means, methods, techniques, sequences or
procedures. No fault or negligence shall be attributed to the Consultant based
upon the acts or omissions of any construction contractors. Construction safety
shall remain the sole responsibility of the construction contractor(s).
Construction Support Deliverables:
• Construction Observation Reports
• Meeting Minutes
• Punch Lists
• Submittal Reviews
• RF/Responses
• Final Inspection and Certifications
4. AS-BUILT DOCUMENTS
As part of the Project Close-out and after the Certificate of Occupancy has been issued,
the General Contractor shall compile all superintendent and subcontractor redlines to the
Field Set of Construction Documents and edit the electronic files to reflect the redlines,
and transmit the"As-Built" documents, un-stamped to the A&E for review and comment
as needed. The consultant will meet with representatives of the CoRR to review and
comment on the content and intent of the Contractor's"As-Built Documents". The
consultant will not be responsible for making changes to the IFC drawings. This is a
coordinated effort between GC and A&E with A&E overseeing the process.When
finalized, the documents will be issued to the CoRR in BIM (or CAD is acceptable to the
CoRR Project Manager) and PDF format. The A&E will also ensure the GC completes
the Close-out documentation as required by CoRR.
5. HISTORIC PRESERVATION SPECIALTY CONSULTATION (TBD)
This proposal includes up to 100 hours of additional consultation related to the unique
nature and requirements of this historic preservation project. This time will be directed at
the CoRR's request but could include public meetings, interactions with local non-profit
historic preservation organizations, interaction with City staff performing project work or
other consultations. These hours shall be used at the sole request of CoRR and CoRR
shall only be charged for the number of hours requested.
Page 7 of 7
Architexas
EXHIBIT B
COMPENSATION and HOURLY RATE SCHEDULE
PROFESSIONAL SERVICES
In consideration for the professional services to be performed by the Architect, the City of Round Rock
agrees to pay the Architect a total sum of NINETY EIGHT THOUSAND THREE HUNDRED DOLLARS
($98,300). The said sum is a fixed not-to-exceed amount, and shall be paid as delineated as follows and
includes amounts paid for Architects, Engineers and Planners.
BASIC SCOPE
Pre-Design/Schematic Design $ 11,370
Design Development $ 15,160
Construction Documents $26,530
Bidding $ 3,790
Construction Phase Services $ 18,950
FEE BASIC A&E SCOPE with Record Drawings $75,800
SPECIALTY HISTORIC
PRESERVATION SERVICES(as needed) $22,500
REIMBURSABLE EXPENSES
Payment for reimbursable expenses, including administrative charges and out-of-pocket expense, shall not
exceed TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) and are included in the not-to-exceed
total fee recited herein.
HISTORIC PRESERVATION SPECIALTY CONSULTATION
Based upon CoRR request, Consultant has included up to 100 hours of additional consultation related to
the unique nature of this historic preservation project. This time may be utilized at the discretion of the
CoRR to meet with city workers for self-performance activities, attend public meetings, presentations, etc.
ADDITIONAL SERVICES
Additional Services are defined as any service not listed as a basic service including revisions to previously
approved plans that necessitate additional work for the Architect,substantive changes in the Project Scope,
or additional work necessitated by unknown or reasonably unforeseen circumstances. The parties
expressly agree that such additional services would be performed under a supplemental agreement
negotiated at a time subsequent to this proposal. Compensation for approved Additional Services shall be
computed based on the following Schedule of Hourly Rates:
Senior Principal $ 200.00/hr
Principal $ 165.00/hr
Architect/Designer/Project Manager $ 120.00/hr
Architectural Intern/CAD Technician $ 85.00/hr
Historic Preservation Specialist $ 85.00/hr
Administrative/Clerical $ 65.00/hr
Dallas I Austin 1907 Marilla St. 2900 S.Congress Ave.
www.architexas.com Second Floor Suite 200
Dallas,Texas 75201 Austin,Texas 78704
p 214.748.4561 p 512.444.4220
Archizexas
EXHIBIT C
PROJECT SCHEDULE
Pre-Design Services 2 Weeks
Schematic/Design Development 7 Weeks
Cost Estimate (SD, DD) 2 Weeks
Contract Documents 6 Weeks
Cost Estimate(CD) 2 Weeks
Invitation for Bid 2 Weeks
Bid and Proposal Evaluation 5 Weeks
Construction Support 6-8 Months(or as needed)
As-Built Documents 3 Weeks
Note: Schedule is an estimate of time required for the various phases of project delivery. Adequate Owner
supplied documentation and Owner review times may impact the overall schedule.
Dallas I Austin 1907 Marilla St. 2900 S.Congress Ave.
www.architexas.com Second Floor Suite 200
Dallas,Texas 75201 Austin,Texas 78704
p 214.748.4561 p 512.444.4220
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
101`1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos,1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-231961
Architexas
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/05/2017
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
Architectural Design Services for relocation of the Stagecoach Inn
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Irsik,Larry Austin,TX United States X
Graves,Stanley Austin,TX United States X
Melde,Craig Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under p nalty of perjury t the above disclosure is true and correct.
ALUM DER LOPEZ
*� NoTtwy Ptlttllc,State of Texas
......0, s 03102M21 Signa re of authorized agent of contracting business entity
r-J11 I.D.#13102707
AFFIX NOTARY STAMP/SEAL ABOV
Swor to and subscribed before me,by the said _ 51,1f4 tf!j 66ASI-rl- this the 57 t day of(1/t
20 ,to certify which,witness my hand and seal of office.
Signature of officer i ' ng oath Printed name of dicer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-231961
Architexas
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/05/2017
being filed.
City of Round Rock Date Acknowledged:
07/11/2017
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
000000
Architectural Design Services for relocation of the Stagecoach Inn
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Irsik, Larry Austin,TX United States X
Graves, Stanley Austin,TX United States X
Melde, Craig Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me,by the said this the day of
20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883