R-2017-4721 - 8/24/2017 RESOLUTION NO. R-2017-4721
WHEREAS, the City of Round Rock desires to retain professional architectural and design
services related to the City-owned Convention Center portion of the Kalahari Resort Project, and
WHEREAS, HKS, Inc. has submitted a Standard Form of Agreement Between Owner and
Architect ("Agreement") to provide said services, and
WHEREAS, the City Council desires to enter into said Agreement with HKS, Inc., Now
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard
Form of Agreement Between Owner and Architect with HKS, Inc. for the City-owned Convention
Center portion of the Kalahari Resort Project, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Goverrunent Code, as amended.
RESOLVED this 24th day of August, 2017.
-/"�
CRAIGRGAV, Texas yor
City oftound Ro
ATTEST:
SARA L. WHITE, City Clerk
0112.1704;00384000
EXHIBIT
„A»
DocumentB101T - 2007
Standard Farre of Agreement Between fawner and Architect
AGREEMENT made as of the 19th day of July.. in the year Two Thousand
Seventeen
(In ii-ordLs, indicate da), nionth and),ear-.)
ADDITIONS AND DELETIONS:
BETWEEN the Architect's client identified as the Omer. The author of this document has
added information needed for its
(prance, address and outer ircfor•rrration,) completion.The author may also
have revised the text of the original
City of Rotted Rock
221 East Mata StreetAIA standard form.An Additions and Round Rock,Williamson and Travis Counties,Texas 78664
Deletions Report that notes addedinformation as well as revisions to
the standard form text is available
from the author and should be
and the Architect: reviewed.A vertical line in the left
(Name, address and other information) margin of this document indicates
where the author has added
HKS, Inc. necessary information and where
350 N. Saint Paul Street the author has added to or deleted
Suite 100 from the original AIA text.
Dallas,Texas 75201-4240 This document has important legat
for the following Project:
consequences.Consultation with an
attorney is encouraged with respect
(;Vance, location and detaileddescrii�tiorc) to its completion or modification.
Kalahari.Resort
Round Rock,Texas
This is one of two agreements which;together,cover the Project. I'his Agreement
covers the portion of the Project described on Exhibit A as "200,000 sq. ft.convention
center.
The Owner and Architect agree as follows.
Init. AIA Document 13101 2007(formerly B151 T"`-1997),Copyright rD 1974, 1978,1987,1997 and 2007 by The American Institute of Architects.Ali rights
reserved :s £
f r:.This document was produced by AEA software at 10,42:59 on 07/19 2017 sunder order No.4687548098 1 which expires an 0 110 1 2018,and is
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TABLE OF ARTICLES
I INITIAL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
7 COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
EXHIBIT A INITIAL INFORMATION
ARTICLE 1 INITIAL INFORMATION
§ 1.1 This Agreement is based on the Initial Infori-nation set forth in this Article I and in optional Exhibit A, Initial
Information:
(Complete Exhibit A,Initial Inforniation, and incoipoi-ate it into the Agreentent at Section 13.2, ol-state below
Initial Ii?fbimation such as details of the Project's site and pi-ogi-ani, Owner s contractors and collsidtants,
Architect's consultants, Owner's budgetJbi,the Cost of the Work, aiithorized)-epi-eseiitatii,e.T, unticipated
procumnient inethod, and other hijbi-mation relevant to the Project.)
§ 1.2 The Owner's anticipated dates foo-commencement of construction,milestone dates and Substantial
Completion of the Work are set forth below:
.1 Commencement of construction date:
Earthwork and site utilities to begin by November 1,2017,with vertical construction to begin by
May 1,2018
2 Milestone Dates: See Exhibit G.
.3 Substantial Completion date:
May 1,2020
§ 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however,recognize that such
information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
schedule,the Architect's services and the Architect's compensation.
Init. AIA Document B101'—2007(formerly 13151"m-1997),Copyright 1974,1978,1987,1997 and 2007 by The American Institute of Architects.Ali rights
reserved. AR Ili` R-w,ffek'
2
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1.4 Architect hereby represents,and certifies to Owner that Architect is financially solvent and possesses
sufficient experience, licenses,authority, personnel and working capital to complete the services required hereunder;
that Architect has visited the site for the Project and thoroughly familiarized itself with the local conditions under
which the services required hereunder are to be performed;and that Architect correlated its observations of same
with all of the requirements of this Agreement and shall correlate its observations of same with the Construction
Contract Documents. Nothing in this section obligates the Architect to evaluate or formulate any conclusions
regarding any unobservable characteristics of the site,including,but not limited to,subsurface conditions or the
possible presence of concealed hazardous waste. The foregoing notwithstanding,THE ARCHITECT MAKES NO
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE, REGARDING THE ARCHITECT'S SERVICES,WHICH WARRANTIES ARE
EXPRESSLY DISCLAIMED. The Architect shall act as an independent contractor at all times during the
performance of its services, and no term of this Agreement, either expressed or implied,shall create an agency or
fiduciary relationship.
ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
§ 2.1 The Architect shall provide the professional services as set forth in this Agreement.
§ 2.2 Tlie Architect has special expertise with projects similar to the Project. The Architect shall perforin its
services consistent with die professional skill and care provided by architects experienced with projects similar to
the Project under the same or similar circumstances.The Architect shall perform its services as expeditiously as is
consistent with such professional skill and care and the orderly progress of the Project. Any designs,drawings or
specifications prepared or furnished by the Architect that contain errors,conflicts or omissions will be promptly
corrected by the Architect at no additional cost to the Owner,provided,however,the foregoing shall not excuse such
Architect failures. The Owner's approval,acceptance, use of or payment for all or any part of the Architect's
services shall in no way alter the Architect's obligations or the Owner's rights hereunder.
§ 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the
Project. Architect shall provide the following key personnel,who shall not be replaced without the Owner's
consent,which consent shall not be unreasonably withheld:
Principal—Richard Johnston
Project Designers -.Daren Andrus and Mary Alice Palmer
Project Architects TBD,resumes will be presented to Owner prior to appointment.
Project]Manager- Steve Valenta
§ 2.4 Except with the Owner's knowledge and 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.
§ 2.5 The Architect shall procure,at no expense to Owner,the insurance coverage set forth on Exhibit B and shall
maintain such coverages in frill force and effect.
(Identify types and hinits of insurance coverage, and other insurance requirements applicable to the.gr-eenient, if
any.)
.1 General Liability
.2 Automobile Liability
.3 Workers'Compensation
.4 Professional Liability
.4.1 Umbrella(Occurrence Policy Form)
.4.2 Contractor's Pollution Legal Liability
Init. AIA Document 13101114—2007(formerly 81511-m -1997).Copyright Q 1974;1978 1987,1997 and 2007 by The American Institute of Architects.Ali rights
?; d io..fix 3 .ah,.lFE� 03
s
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.5 The Architect agrees to require the Architect's consultants to comply with the insurance provisions
required of the-Architect pursuant to this Agreement unless the Architect and the Owner mutually
agree to modify these requirements for the Architect's consultants whose work is of relatively small
scope and complexity, The Architect agrees that it will contractually obligate its consultants to
advise the Architect promptly of any changes or lapses of the requisite insurance coverages and the
Architect agrees to promptly advise the Owner of any such notices the Architect receives from its
consultants. The Architect agrees that it will contractually obligate its consultants to indemnify and
hold harmless the Owner to the same extent that the Architect is required to do so as provided in this
Agreement. The Architect assumes all responsibility for monitoring the Architect's consultant
contracts and insurance certificates for compliance with the insurance and other provisions of this
Agreement until final completion of the Project. Annually,Architect shall provide a copy of all
Consultants' certificates of insurance to Owner.
.6 The Architect shall deliver to the Owner promptly after the execution of this Agreement a certificate
of insurance evidencing the coverages required in this Section 2.5. In no event shall any failure of
the Owner to receive or demand evidence Of Such coverages prior to the Architect commencing the
services required herein be construed as a waiver by the Owner of the Architect's obligations
I
hereunder. If the Owner has other insurance which is applicable to a loss arising out of the
operations performed by the Architect,then such other insurance shall be on an excess or contingent
basis. The insurance provisions of this Agreement shall not be construed as a limitation on the
Architect's responsibilities and liabilities pursuant to the terms and conditions of this Agreement.
§ 2.6 The Architect hereby agrees to indemnify and hold Owner,its partners,members,owners,,affiliates,Tim
Downey,and employees(together,the"Indemnitees")harniless from and against any and all losses, liabilities,
expenses, fines and penalties,costs and expenses,including,but not limited to reasonable attorneys' fees and court
costs,relating to the services performed by the Architect hereunder or by any subconsultant,by anyone directly or
indirectly employed by any of thern or by anyone for whose acts any of them may be liable. The Architect hereby
agrees and acknowledges that the foregoing indemnification obligation shall extend to any and all losses, liabilities,
expenses,fines and penalties,costs and expenses,including,but not limited to,reasonable attorneys' fees and court
costs,relating to claims of infringement of patent rights,copyrights or other intellectual property rights,except with
respect to designs,processes or products of a particular manufacturer expressly required by the Owner in writing.
Notwithstanding the foregoing, if the Architect has knowledge that the design,process or product of a particular
manuFacturer required by the Owner is an infringement of a patent right,copyright or other intellectual property
tight,the Architect shall be responsible for Such loss unless such information is promptly fiii-nished to the Owner in
,writing. Compliance by the Architect with the insurance requirements set forth in Section 2.5 shall not relieve the
Architect of liability under this indemnity or any other provision sct forth in this Agreement.
ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in Article 3,Section 4.1 and Exhibits A,C and D and
include usual and customary project master planning, interior design,civil,FF&E,landscaping,lighting design and
acoustical engineering,traffic design layout,structural,mechanical,and electrical engineering services.
0
§ 3.1.1 The Architect shall manage the Architect's services,consult with the Owner,research applicable design
criteria,attend Project meetings,communicate with members of the Project team and report progress to the Owner.
§ 3,1,2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's
consultants, includinc,the Neuman Group. A Waterpark Design Responsibility Matrix showing the responsibilities
of Owner,Architect and the'Neuman Group is attached as Exhibit C.The Architect shall be responsible for
coordinating its drawings with the drawings prepared by the Neuman Group.The Neuman Group and the Architect
shall prepare 3 dimensional digital models of their respective scopes using the latest version of Autodesk Revit and
shall reference them together using a common insertion point. As part of the coordination process,the Neuman
Group and the Architect shall visually inspect the model for conflicting geometry and correct the conflicts. The
Architect shall be entitled to rely on (lie accuracy and completeness of services and information furnished by the
ONN,ner and the Owner's consultants to the extent that architects exercising reasonable care in similar circumstances
would rely on such information.The Architect shall provide prompt written notice to the Owner if the Architect
becomes aware of any error,omission or inconsistency in such services or information;however, the Architect shall
Init. AIA Document 610Is11—2007(formerly 8151 T"—1997).Copyright-Q 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
reserved.
4
This document was produced by AIA software at 10:42:59 on 07/1912017 Linder Order No 46875480981 which expires on 0110112018,and is
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not be responsible for the accuracy,completeness,or timeliness of completion of such services or information. The
Owner shall require its consultants to cooperate and coordinate their services with those services provided by the
Architect.The Architect shall notify the Owner in writing if additional infortxiation or services are required from the
Owner or the Owner's consultants.
§ 3.1,3 As soon as practicable after the date of this Agreement,the Architect shall submit for the Owner's approval a
schedule for the performance of the Architect's services.The schedule initially shall include anticipated dates for the
commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information.
The 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. Once
approved by the Owner,time limits established by the schedule shalt not,except for reasonable cause,be exceeded
by the Architect. With the Owner's approval,the Architect shall adjust the schedule, if necessary as the Project
proceeds as a result of an event or events not the fault of the Architect,until the commencement of construction. In
the event actions of the Architect cause the time limits established by the schedule to be exceeded,the Architect
shall promptly deliver to the Owner a plan for bringing the Project back into schedule,provided,however,the
foregoing shall not excuse Architect's failure.
§ 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's
approval.
§ 3.1.5 The Architect shall,at appropriate times,contact the governmental authorities required to approve the
Construction Documents and the entities providing utility services to the Project. In designing the Project,the
Architect shall respond to applicable design requirements imposed by such governmental authorities and by such
entities providing utility services.
§ 3.1.6 The Architect shall prepare documents for filing as required for the approval of governmental authorities
having jurisdiction over the Project. Tile Owner shall bear all governmental fees associated with such filings.
§ 3.1.7 The Architect shall be fully responsible for coordinating all the Architect's Basic and Additional Services
required under this Agreement regardless of whether performed by its own employees or by consultants hired by the
Architect to perform a portion of its services. The Architect shall be responsible to the Owner for the services
furnished to the Architect by the Architect's consultants to the same extent as if the Architect had furnished the
service itself. 'Me Architect also agrees to coordinate,and resolve any inconsistencies between its work and the
work of its consultants. All of the Architect's contracts with its consultants shall be in writing,signed by both
parties,and shall include:(i)the following provision: "The Owner is intended to be a third party beneficiary of this
agreement."; (ii)an indemnification by the consultant for the benefit of Owner consistent with the indemnification
herein,and(iii)insurance requirements consistent with the insurance requirements for Architect hereunder.
§ 3.9.8 The Architect's Basic Services shall also include the fallowing:
.1 Preparing digital data for transmission to the Owner's consultants and contractors,or to other Owner
authorized recipients;
.2 Preparing design and documentation for alternate bid or proposal requests proposed by the Oumer;
.3 Preparation for,and attendance at,public presentations,meetings and hearings,including all
necessary presentations and appearances before public authorities associated with the initial land use
and building permit approval process;
.4 Evaluating the qualifications of bidders or persons providing proposals;
.5 Revisions of Instruments of Service in connection with Requests for Information("RFIs");
.6 Preparing Addenda and Construction Change Directives, including evaluation of Contractor's
proposals and supporting,data;
,7 Preparing revisions of Instruments of Service to correct for errors or omissions caused by the
Architect or its consultants;and
.8 Evaluating changes or substitutions proposed by the Owner or Contractor not required as the result of
an error or omission by the Architect or the Architect's consultants and making subsequent revisions
to Instruments of Service resulting therefrom that individually do not require more than two hours of
labor.
AIA Document 810111—2007(formerly B151�—1997).Copyright Q 1974,1978.1987,1997 and 2007 by The American Institute of Architects.All rights
Init. reserved
This document was produced by AlA software at 10:4259 on 07119 2017 under Order No.4687548098 1 which expires on 01101,'2018,and is
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111140SRA071
§ 3.1.9 Architect shall include an on-site representative for at least 18 of the most critical months of construction,
which months shall be mutually agreed upon by Architect and Owner. In addition,Architect shall have a minimum
average of 1.5 people assigned to the Project during construction. During construction, it is anticipated that there
,,rill be periods that Architect will have 3 or 4 individuals assigned to the Project,excluding the on-site
representative. The number of people assigned to the Project by Architect will be determined by requirements and
intensity of the Project. In addition to the above,Architect shall have interior design staff involved in the FF&.E
and finishes related to interior design services. For months that there is not an on-site representative,Architect will
be on-site weekly and on intervals appropriate to meet the needs of the Project. In addition,Architect shall(a)
review each Shop Drawing,Product Data item,sample and similar submittal required of the Contractor,(b)provide
inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in
accordance with the requirements of the Contract Documents and(c)provide required inspections for any portion of
the Work to determine final completion. All services referred to in this Section shall be Basic Services.
§ 3.1.10 Architect shall utilize a cloud-based software program or setup a website for the Project for the purposes of
sharing electronic information on a real-time basis.The Owner,and other parties as approved by the Owner,will
have full access to this prograirdwebsite. In addition to facilitating the sharing of construction documents and other
pertinent Project information,this software and/or website must also be used to facilitate the submittal and bidding
process throughout the life of the Project so that the Owner may have access to all submittals and bids on a real-time
basis. Promptly ager a written request by Owner, Architect shall provide Owner with written or electronic copies(at
Owner's election)of its contracts with consultants related to this Agreement. Within 4 weeks after final completion
of the Work, Architect shall provide Owner with five(5)electronic copies of final "as designed" record Drawings
(both in pdf and CAD format),on CD- ROM or another electronic medium chosen by Owner. Architect shall
provide the Basic Services in accordance with Exhibit D(as applicable).
3.1.11 Architect shall receive and promptly document,answer and log RFIs. Architect shall manage all paperwork
that moves from the architect to and from the Contractor and consultants,keeping an up to date log of RFIs and all
documentation that has transpired through the duration of the Project. Architect shall consult with Oumer when
RFIs may add additional cost to the Project before issuing a response.
§ 3.2 SCHEMATIC DESIGN PHASE SERVICES
§ 3.2.1 The Architect shall review the program and other information furnished by the Owner,and shall review
laws,codes, and regulations applicable to the Architect's services.
§ 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost
of the Work,Project site,and the proposed procurement or delivery method and other Initial Information, each in
terms of the other,to ascertain the requirements of the Project. The Architect shall notify=the Owner of(1)any
inconsistencies discovered in the information,and(2)other information or consulting services that may be
reasonably needed for the Project.
§ 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner
alternative approaches to design and construction of the Project,including the feasibility of incorporating
environmentally responsible design approaches.The Architect shall reach an understanding with the Owner
regarding the requirements of the Project.
§ 3.2.4 fused on the Project's requirements agreed upon with the Owner,the Architect shall prepare and present for
the Owner's approval a preliminary design illustrating the scale and relationship of the Project components.
§ 3.2.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design
Documents for the Owner's approval.'rhe Schematic Design Documents shall consist of drawings and other
documents including a site plan and preliminary building plans,sections and elevations;and study models,
perspective sketches, and digital modeling. Preliminary selections of major building systems and construction
materials shall be noted on the drawings or described in writing. The Okvner's approval of any of the Architect's
Work tinder this Agreement shall not provide a basis for the Architect to claim the Owner permitted the Architect to
deviate-from the applicable,standard of care.
§ 3.2.5.1 The Architect shall consider environmentally responsible design alternatives,such as material choices and
building orientation,together with other considerations based on program and aesthetics,in developing a design that
Init. AIA Document B101 TM—2007(formerly 8951,m—9997).Copyright®1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
reserved
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is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain other
environmentally responsible design services under Article 4.
§ 3.242 The Architect shall consider the value of alternative materials,building systems and equipment,together
with other considerations based on program and aesthetics, in developing a design for the Project that is consistent
with the Owner's prograrn,schedule and budget for the Cost of the Work.
§ 3.2.6 The Owner shall obtain a preliminary estimate of the Cost of Work from a third party to be selected by
Owner("Contractor")based on the then current area,volume or similar conceptual estimating techniques. Architect
shall be entitled to assume the accuracy of Contractor's estimate of the Cost of Work. If the Contractor's estimate
of the Cost of Work exceeds the Owner's budget,then Architect shall work with Owner and Contractor to snake
changes to the Project so that Contractor's estimate of the Cost of Work at the conclusion of the Schematic Design
Phase is not more than Owner's budget. Any changes to the Schematic Design Drawings made in order to meet
Owner's budget shall require the approval of Owner.
§ 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner,and request the Owner's
approval.
§ 3.3 DESIGN DEVELOPMENT PHASE SERVICES
§ 3.3.9 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare
Design Development Documents for the Owner's approval.The Design Development Documents shall illustrate and
describe the development of the approved Schematic Design Documents and shall consist of drawings and other
documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural,structural, interior design,
mechanical and electrical systems,and such other elements as may be appropriate.The Design Development
Documents shall also include outline specifications that identify major materials and systems and establish in
general their quality levels.
§ 3.3.2 The Owner shall obtain a preliminary estimate of the Cost of Work from Contractor based on the then
current area, volume or similar conceptual estimating techniques. Architect shall be entitled to assume the accuracy
of Contractor's estimate of the Cost of Work. if the Contractor's estimate of the Cost of Work exceeds the Owner's
budget,then Architect shall work with Owner and Contractor to make changes to the Project so that Contractor's
estimate of the Cost of Work at the conclusion of the Design Development Phase is not more than Owner's budget.
Any changes to the Design Development Documents made in order to meet Owner's budget shall require the
approval of Owner.
§ 3.3.3 The Architect shall submit the.Design Development Documents to the Owner,advise the Owner of any
adjustments to the estimate of the Cost of the Work,and request the Owner's approval.
§ 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES
§ 3.4.9 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of
any adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shalt prepare
Construction Documents for tiie Owner's approval.The Construction Documents shall illustrate and describe the
further development of the approved Design Development Documents and shall consist of Drawings and
Specifications setting forth in detail the quality levels of materials and systems and other requirements for the
construction of the Work.The Owner and Architect acknowledge:that in order to constrict the Work the Contractor
Will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals,
which the Architect shall review in accordance with Section 3.6.4.The Construction Documents shall be broken
down into individual buildings as agreed by Owner and Architect. Subject to the standard of care set forth in
Section 2.2,the Construction Documents shall be prepared in accordance with all applicable covenants and
restrictions of record and all applicable laws,statutes,ordinances,codrws,rules,and regulations and 11wful orders of
public authorities. . By submitting the Construction Documents to the Owner,the Architect shall be deemed to
have certified,subject to the standard of care set forth in Section 2.2 that the Construction Documents are in
compliance with all applicable covenants and restrictions of record and all applicable laws,statutes,ordinances,
codes, rules,and regulations and lawful orders of public authorities .
Init. AIA Document 8101 T"—2007(formerly 6151'""_1997).Copyright^'1974; 1978 1967,1997 and 2007 by The American tnst!U la of Architects.All rights
reserved.
1'
Th's document was produced by AIA software at 1 C1 42:59 on 67119 2017 under Order No 4687548096,.,1 wh 4 h ex
an o t O i'2o1 i�,and is
not for resale
User Notes:
11114MARn7l
§ 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental
authorities having jurisdiction over the Project.
§ 3.4.3 During the development of the Construction Documents,the Architect shall develop and prepare bidding and
procurement information that describes the time,place and conditions of bidding,including bidding or proposal
forms;and if requested by Owner,assist the Owner in the preparation of(1)the form of agreement between the
Owner and Contractor;and(2)the Conditions of the Contract for Construction(General,Supplementary and other
Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for
Construction and Specifications and may include bidding requirements and sample forms.
§ 3.4.4 Owner shall obtain a preliminary estimate of the Cost of Work from Contractor based on the then current
area,volume or similar conceptual estimating techniques.Architect shall be entitled to assume the accuracy of
Contractor's estimate of the Cost of Work. If the Contractor's estimate of the Cost of Work exceeds the Owner's
budget,then subject to Section 6.7 the Architect shall work with Owner and Contractor to make changes to the
Project so that Contractor's final estimate of the Cost of Work is not more than Owner's budget. Any changes to
the Construction Documents made in order to meet Owner's budget shall require the approval of Owner.
§ 3.4.5 The Architect shall submit the Construction Documents to the Owner,advise the Owner of any adjustments
to the estimate of the Cost of the Work.take any action required under Section 6.5,and request the Owner's
approval. Upon Owner's written direction or with Owner's written approval,Construction Documents may be
prepared in multiple permitting packages and released in stages to permit the commencement of construction of
portions of the Work prior to final completion of all Construction Documents.
§ 3.5 BIDDING OR NEGOTIATION PHASE SERVICES
§ 3.5.4 GENERAL
The Architect shall assist the Owner in establishing a list of prospective contractors. Architect shall create multiple
bid packages for the Project,as agreed by Owner and Architect. Following the Owner's approval of the Construction
Documents,the Architect shall assist the Owner in(1)obtaining either competitive bids or negotiated proposals;(2)
confirming responsiveness of bids or proposals;(3)detennining the successful bid or proposal, if any;and, (4)
awarding and preparing contracts for construction.
§ 3.5.2 COMPETITIVE BIDDING
§ 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents.
§ 3.5.2.2 The Architect shall assist the Owiier in bidding the Project by
.4 posting of an electronic version of Bidding Documents for distribution to prospective bidders using
the prograln"'website referred to in Section 3.1.10;
.2 distributing the Bidding Documents to prospective bidders using the program website referred to in
Section 3.1.10 and maintaining a log of distribution;
.3 organizing and conducting a pre-bid conference for prospective bidders;
.4 preparing responses to questions from prospective bidders and providing clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda;and
.5 organizing and conducting the opening of the bids,and subsequently documenting and distributing
the bidding results,as directed by the Owner.
§ 3.5.2.3 The Architect shall consider requests for substitutions,if the Bidding Documents permit substitutions,and
shall prepare and distribute addenda identifying approved substitutions to all prospective bidders.
§ 3.5.3 NEGOTIATED PROPOSALS
§ 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents.
1
§ 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by.1 procuring the electronic reproduction of Proposal Documents for distribution to prospective
contractors,and requesting their return upon completion of the negotiation process;
.2 organizing and participating in selection interviews with prospective contractors;and
Init. AJADocument 6101 TM--2007(formerly 8151 T'"—1997).Copyright V 1974,1978.1987,1997 and 2007 by The American Ir1st tute of Architects.Ail rights
reserved iGfZ i4 b f
t }5 f
J This document was produced by AlA software at 10'42.59 on 07119;2017 under Order No 4687548099_1 wh f h expires on 01/01,,2018,and is .>
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.3 participating in negotiations with prospective contractors,and subsequently preparing a summary
report of the negotiation results, as directed by the Owner,
3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions,and
shall prepare and distribute addenda identifying approved substitutions to all prospective contractors.
§ 3.6 CONSTRUCTION PHASE SERVICES
§ 3.6.1 GENERAL
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in the City of Round Rock's agreement with Contractor,which may take the form of a modified
version of AIA Document A.201VII.-.2007,General Conditions of the Contract for Construction or the City's
Standard Form of Agreement between Owner and Contractor and General Conditions. In either case,the City of
Round Rock will promptly provide the Architect with a copy of such agreement.
§ 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services.The
Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement,The
Architect shall not have control over,charge of,or responsibility for the construction means, methods,techniques,
sequences or procedures, or for safety precautions and programs in connection with the Work,nor shall the
Architect be responsible for the Contractor's failure to perform the Work M accordance with the requirements of the
Contract Documents. The Architect shall be responsible for the Architect's negligent acts or ornissions,but shall not
have control over or charge of,and shall not be responsible for,acts or omissions of the Contractor or of any other
persons or entities performing portions of the Work.
§ 3.6.1.3 Subject to Section 4.3,the Architect's responsibility to provide Construction Phase Services commences
with the award of the Contract for Construction and terminates sixty(60)days after the date the Architect issues the
final Certificate for Payment;provided,however,that the Architect's responsibility to provide Basic Services shall
not terminate prior to the Contractor's completion of all punch list items.
§ 3.6.2 EVALUATIONS OF THE WORK
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise
required in Section 3.1.9,to become generally familiar with the progress and quality of the portion of the Work
completed, to detennine,in general, if the Work observed is being performed in a manner indicating that the Work,
when fully completed,will be in accordance with the Contract Documents. However,the Architect shall not be
required to make exhaustive or continuous oil-site inspections to check the quality or quantity of the Work.
Notwithstanding the foregoing,the Architect shall review the quality and quantity of the Work with the frequency of
site visits as provided at Section 3,1.9 included as part of the Basic Services required herein and shall send written
reports of such reviews to the Owner.On the basis of the site visits,the Architect shall keep the Owner reasonably
informed about the progress and quality of the portion of the Work completed,and report to the Owner(1)known
deviations from the Contract Documents and from the most recent construction schedule submitted by the
Contractor,and(2)defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever
the Architect considers it necessary or advisable,the Architect shall have the 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 the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor,Subcontractors,material and equiptnent suppliers,their agents or employees or other persons or entities
performing portions of the Work.
§ 3.6.2.3'rhe Architect shall interpret and make recommendation on matters concerning performance under,and
requirements of,the Contract Documents on written request of either the Owner or Contractor.The Architect's
response to such requCsts shall be made in writing within any time limits agreed upon or otherwise with reasonable
promptness.
§ 3.6.2.4 Interpretations and recommendations of the Architect shall be consistent with the intent of and reasonably
inferable from the Contract Documents and sliall be in writing or in the form of drawings. When making such
interpretations and recommendations,the Architect shall endeavor to secure faithful performance by both Owner
AIA Document B101 Im—2007(formerly 13151 T11—19971.Copyright 0 1974,1978,1987,1997 and 2007 by The American Institute of Architects.All rights
reservedINIARNINGTh ,-
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and Contractor,shall not show partiality to either,and shall not be liable for results of interpretations or
recommendations rendered in good faith.
§ 3.6.2.5 Intentionally omitted.
3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR
§ 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such
amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's
Application for Payment,that,to the best of the Architect's knowledge, information and belief,the Work has
progressed to the point indicated and that the quality of the Fork is in accordance with the Contract Documents.
The foregoing representations are subject(1)to an evaluation of the Work for conformance with the Contract
,Documents upon Substantial Completion, (2)to results of subsequent tests and inspections, (3)to correction of
minor deviations from the Contract Documents prior to completion,and(4)to specific qualifications expressed by
the Architect.
§ 3.6.3.2 Tile issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made
continuous on-site inspections to check the quality and quantity of the Work,(2)reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the
Contractor's right to payment,and(3)ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum.
§ 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payrnlent.
§ 3.6.4 SUBMITTALS
§ 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or
withhold approval.The Architect's action in reviewing submittals shall be taken in accordance with the approved
submittal schedule or,in the absence of all approved submittal schedule,with reasonable promptness so as to cause
no delay in the Work or in the activities of the Owner,the Contractor or separate contractors while allowing
sufficient time in the Architect's professional judgment to pe€unit adequate review.
§ 3.6.4.2 In accordance with the Architect-approved submittal schedule,the Axchitect shall review and approve or
take other appropriate action upon the 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, Review of such submittals is not for the purpose of determining the accuracy
and completeness of other information such as dimensions,quantities,and installation or performance of equipment
or systems,which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety
precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,
techniques, sequences or procedures.The Architect's approval of specific item shall not indicate approval of an
assembly of which the item is a component.
§ 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or
certifications by a design professional related to systems, materials or equipment,the.Architect shall specify the
appropriate performance and design criteria that such services must satisfy. The Architect shall review shop
drawings and other submittals related to the Fork designed or certified by the design professional retained by the
Contractor that bear such professional's seal and signature when submitted to the Architect.The Architect shall be
entitled to rely upon the adequacy,accuracy and completeness of the services,certifications and approvals
performed or provided by such design professionals.
§ 3.6.4.4 Subject to the provisions of Section 4.3,the Architect shall review and respond to requests for information
about the Contract Documents.The Architect shall set forth in the Conti-act Documents the requirements for requests
for information.Requests for information shall include,at a minimurn,a detailed written statement that indicates the
specific Drawings or Specifications in need of clarification and the nature of the clarification requested.The
Architect's response to such requests shall be made in wTiting within any time limits agreed upon,or otherwise with
reasonable promptness so as to cause no delay in the Work or in the activities of the Owner,the Contractor or
separate contractors. Under non-nal circu€nstances such review time may take up to five(5)days. 1f appropriate,the
Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information.
]nit. AIA Document 8101 —2007(.formerly 8151 II--1997).Copyright O 9974,1978 1987,1997 and 2007 by The American institute of Architects.All rights
reserved
10
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§ 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
§ 3.6.5 CHANGES IN THE WORK
§ 3,6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to
the provisions of Section 4.3,the Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance:with the Contract Documents.
§ 3.6,5,2 The Architect shall maintain records relative to changes in the Work.
§ 3.6.6 PROJECT COMPLETION
§ 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion of portions of the Work as designated by Owner; issue Certificates of Substantial
Completion;receive from the Contractor and forward to the Owner,for the Owner's review and records, written
warranties and related documents required by the Contract Documents and assembled by the Contractor;and issue a
final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of
the Contract Documents.
§ 3.6.6.2 The Architect's inspections shall be conducted with the Owner 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.Architect shall s review the punch list log created by the
Contractor in accordance Nvith Section 9.8.4 of the AIA Document A201 T.111-2007,General Conditions of the
Contract for Construction as amended and modified by Owner and Contractor or the City's Standard Form
Agreement between Owner and Contractor and General Conditions. The Architect shall inspect the Project for the
purpose of reviewing the punch list prepared by the Contractor and reviewing the as constructed condition of the
Project with the Contractor,while creating the Architect's own punch list log documenting deficiencies clearly
noting each area or item requiring remedy. As the Contractor works to complete each such area or item, Architect
shall continue to review the Work until it is completely fixed or repaired.
§ 3,6.6.3 When the'Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor,including the amount to be retained from the
Contract Sum,if any, for final completion or correction of tile Work.
§ 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1)
consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)
affidavits,receipts,releases and waivers of liens or bonds indemnifying the Owner against liens;and(3)any other
documentation required of the Contractor under the Contract Documents.
§ 3.6.6.5 Prior to the expiration of one year from the date of Substantial Completion,the Architect shall,without
additional compensation,schedule and conduct a meeting with the Owner to review the facility operations and
performance, Failure to schedule such a meeting shall not relieve the Architect of the obligation to conduct the
meeting.
ARTICLE 4 ADDITIONAL SERVICES
§ 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. In
addition,where indicated,the items below are Basic Services,notwithstanding their inclusion in this Article. The
Architect shall provide the listed Additional Services only if specifically designated in the table below as the
Architect's responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.
(Designate the Additional Sei-vices the Architect shall pi-ovtde in the second colaunn of the table below In the third
column indicate whether the service descrilation is located in Section 4.2 oi-in an attached erhih t.ff in an exhibit,
idents,the exhibit.)
Init. AlA Document 81011*'—2007(formerly B1517I"--19x97).Copyright.7 1974, 1978,1987,1997 and 2007 by The American Institute of Architects.Ali rights
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Additional Services Responsibility Location of Service Description
Architect, Owner (Section 4.2 Beloit,or in an exhibit
or attached to this docianent and
Not fi-o1sided2 identi ied below)
4.1.1 Programming Architect Basic Service
4.1.2 Multiple preliminary designs Architect Basic Service
§ 4.1.3 Measured drawings Not Provided
§ 4.1.4 Existing facilities surveys Not Provided
§ 4.1.5 Site Evaluation and Planning(B203TI11---2007) Architect Basic Service
§ 4.1.6 Building Information Modeling Architect Basic Service
(E202TNI 2008)
§ 4.1.7 Civil engineering Architect and To be included in a ftiture
Owner consultant agreement. See Exhibit
E.
4.1.8 Landscape desi2 Architect Basic Service
4.1.9 Architectural Interior Desi p(B252Tr*1--2007) Architect Basic Service
§ 4.1.10 Value Analnis(B204T111 2007) Architect Basic Service
§ 4.1.11 Detailed cost estimating Owner To be performed by a third party
selected by Owner
§ 4.1.12 On-site Project Re2resentation(13207-111 7008) Architect Basic Service
§ 4.1.13 Conformed construction documents Architect Additional Service
§ 4.1.14 As-Designed Record drawings Architect Basic Service
§ 4.1.15 As-Constructed Record drawings Not Provided If requested by Owner,Additional
-Service
§ 4.1.16 Post occupancy evaluation Architect Basic Service
§ 4.1.17 Facility Support Services(1321 OT111-2007) Not Provided If requested by Owner,Additional
Service
§ 4.1.18 Tenant-related services Not Provided If requested by Owner,Additional
-Service
§ 4.1.19 Coordination with Owner's consultants Architect and Basic Service
Owner
§ 4.1.20 Telecommunications./data design Owner If requested by Owner,Additional
Service
§ 4.1,21 Security Evaluation and Planning Owner If requested by Owner,Additional
(B206TI11-2007) Service
§ 4.1.22 Commissioning(B21 1 TNI 2007) Not Provided If requested by Owner,Additional
Service
§ 4.1.23 Extensive environmentally responsible design Not Provided
§ 4.1.24 LEEDI Certification(13214TNI-2012) Not Provided
§ 4.1.25 Fast-track design services Architect Basic Service
§ 4.1.26 Historic Preservation(B205TM-2{107) Not Provided
§ 4.1.27 Furniture, Furnishings,and Equipment Design Architect Basic Service
B253TM--2007)
§ 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not
farther described in an exhibit attached to this document.
init. AIA Document B101 2007(fora-nerly 8151 1997).Copyright 0 1974,1978,'1987,1997 and 2007 by The American Institute of Architects.All rights
reserved.
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§ 4.3 Additional Services may be provided after execution of this Agreement,without invalidating the Agreement.
Except for services required due to the fault of the Architect,any Additional Services provided in accordance with
this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in
the Architect's schedule,provided,however, except as specifically provided at Section 4.3.2,the Architect small not
perform or be compensated for any Additional Services unless the Owner expressly authorizes the same in writing
prior to the Architect commencing such Additional Services.
§ 4.3.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the
Owner in vomiting with reasonable promptness and explain the facts and circumstances giving rise to the need.The
Architect shall not proceed to provide the following services until the Architect receives the Owner's written
authorization:
.1 Services necessitated by a material change in the Initial Information,previous instructions or
approvals given by the Owner,or a material change in the Project including, but not limited to,size,
quality, complexity,the Owner's schedule or budget-tier Cost of the Work, or procurement or delivery
method(however, services by the Architect associated with typical and cttstotnary value engineering
or otherwise revise the design to bring the Cost of the Fork within the Owner's budget are not
Additional Services unless accompanied by a significant change in scope;
.2 Services necessitated by the Owxier's request for extensive environmentally responsible design
alternatives,such as unique system designs, in-depth material research,energy modeling,or L. ED"
certification;
.3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or
revision of codes, laws or regulations or official interpretations,or required by building code,fire,
safety and ether inspectors of the authority having jurisdiction after the authority has issued a
building permit or otherwise approved Instruments of Service as conforming with legal requirements,
unless such enactment or revision was known by Architect prior to the issuance of the building permit
or other approval of the Instruments of Service ,
.4 Services necessitated by decisions of the Owner not rendered in a timely manner(as required in this
Agreement)or any other material failure of performance on the part of the Owner or the Owner's
consultants or contractors;
.5 Preparing Addenda and Construction Change Directives, including evaluation of Contractor's
proposals and supporting data,that require preparation or revision of Instruments of Service for
changes that individually require more than two hours of labor;
.6 Evaluating changes or substitutions proposed by the Owner or Contractor not required as the result of
an error or omission by the Architect or the Architect's consultants and making subsequent revisions
to Instruments of Service resulting therefrom that individually require more than two hours of labor;
.7 Intentionally omitted;
.8 Preparation for,and attendance at a dispute resolution proceeding or legal proceeding,except where
the Architect is party thereto;
.9 Intentionally omitted;
.10 Consultation concerning replacement of Mork resulting from fire or other cause during construction;
or
.11 Evaluating an extensive number of Claims as the Initial Decision Maker.
§ 4.3.2
(Paragraphs deleted)
Intentionally omitted
§ 4.3.3
(Paragrrol3hs deleted)
Intentionally omitted. See Section 3.1.9 above.
§ 4.3.4 If the services covered by this Agreement have not been completed within forty-eight(48)months of the date
of this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be
compensated as Additional Services as provided in Section 11.3 below.
Init. A#A Document€101'"_2007(formerly B151 --1997).Copyright @ 1974;1978.19?37.'1997 and 2007 by The Arnencan Institute of Architects.Ail rights
reserved
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ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 5.1 The Owner, in consultation with the.Architect, shall provide information in a timely manner regarding
requirements for and limitations oil the Project, including a written program which shall set forth the Owner's
objectives, schedule,constraints and criteria,including space requirements and relationships, flexibility,
expandability, special equipment, systems and site requirements.Within 15 days after receipt of a written request
from the Architect,the Owner shall furnish the requested information as necessary and relevant for the Architect to
evacuate,give notice of or enforce lien rights.
§ 5.2 The Owner sliall establish and periodically update the Owner's budget for the Project,including(1)the budget
for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs; and,(3)reasonable contingencies
related to all of these costs. if the Owner significantly increases or decreases the Owner's budget for the Cost of the
Work,the Owner shall notify the Architect.The Owner and the Architect shall thereafter agree to a corresponding
change in the Project's scope and quality.
§ 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.
The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid
unreasonable delay in the orderly and sequential progress of the Architect's services.
§ 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for
the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as
applicable, grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands;
adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and
contours of the site;locations,dimensions and necessary data with respect to existing buildings,other improvements
and trees; and information concerning available utility services and lines,both public and private,above and below
grade, including inverts and depths,All the information on the survey shall be referenced to a Project benchmark.
§ 5.5 The Owner shall fumish services of geotechnical engineers,which tray include but are not limited to test
borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic
evaluation,ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil
conditions,with written reports and appropriate;recommendations.
§ 5.6 The Owner,with the assistance of the Architect,shall coordinate the services of its own consultants with those
services provided by the Architect.Upon the Architect's request,the Owner shall furnish copies of the scope of
services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of
consultants other than those designated in this Agreement,or authorize the Architect to furnish them as an
Additional Service,when the Architect requests such services and demonstrates that they are reasonably required by
the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as
appropriate to the services provided.
§ 5.7 Tile Owner shall furnish 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.
§ 5.8 The Owner shall furnish all legal,insurance and accounting services, including auditing services,that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests,
§ 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including errors,omissions or inconsistencies in the Architect's Instruments of Service.
§ 5.16 Except as otherwise provided in this Agreement,or when direct communications have been specially
authorized,the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through
the Architect about matters arising out of or relating to the Contract Documents.Notwithstanding the foregoing,the
Owner may communicate with,or issue instructions to,the Contractor directly, holvever the Owner shall promptly
notify the Architect of any direct communications that may affect the Architect's services.
§ 5.11 Before executing the Contract for Construction,tile Owner°,hall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the A.rrchitect"s services set forth in this Agreement.
Init. AIA Document 8101 2007(Formerly B151 1997).Copyright 0 1974, 1578,1987,1997 and 2007 by The American Institute of Architects.All rights
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!111 ct(l,'iRfttl7l
The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,
including the General Conditions of the Contract for Construction.
§ 5,12 The Owner shall provide the Architect access to t11e Project site prior to commencement of the Work and
shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.13 The Owner is required to review and sign-of on final Drawings and Specifications before such documents
are used for bidding or construction purposes. The Owner agrees to complete the review and sign-off in a timely
planner so as not to delay critical path work on the Project,and in all circumstances Architect shall timely deliver to
Owner such documents such that Owner shall have no less than f fteen(15)working days after receipt of documents
to review and sign-off Notwithstanding anything to the contrary contained in this Agreement,the Owner's review
and approval of any and all documents or other matters required herein shall be for the purpose of providing tele
Architect with information as to the 0,"mer's objectives and goals with respect to the Project and not for the purpose
of determining the accuracy and completeness of such documents,and in no way should any such review and
approval alter the Architect's responsibilities hereunder and with respect to such documents.
ARTICLE 6 COST OF THE WORK
§ 6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all
elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs,
overhead and profit, to the extent previously approved by Owner.The Cost of the Work does not include the
compensation of the Architect,the casts of the land,rights-of-way, financing,contingencies for changes in the Work
or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information,and nlay be adjusted
throughout the Project as required under Sections 5.2,6.4 and 6.5. Evaluations of the Owner's budget for the Cost of
the Work,by the Architect,represent the Architect's judgment as a design professional having expertise with
projects of a size,quality and type comparable to the Project. It is recognized,however,that neither the Architect
nor the Owner has control over the cost of labor,materials or equipment;the Contractor's methods of determining
bid prices;or competitive bidding,market or negotiating conditions. Accordingly,the Architect cannot and does not
warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or
from any evaluation prepared or agreed to by the Architect.
§ 6.3 Intentionally deleted.
§ 6.4 If the Bidding or Negotiation Please has not commenced within 90 days after the Architect submits the
Construction Documents to the Owner,through no fault of the Architect,the Owner's budget for the Cost of the
Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.
§ 6.5 If at any time the estimate of the Cost ofthe Work exceeds the Owlier's budget for the Cast of the Work,the
Architect shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for
the Cost of the Work,and the Owner shall cooperate with the Architect in making such adjustments.
§ 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase
Services is exceeded by the lowest bona-fide bid or negotiated proposal,the:Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work:
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Section 9.5;
,4 in consultation with the Architect,revise the Project program, scope,or quality as required to reduce
the Cost of the Work;or
.5 implement any other mutually acceptable alternative.
§ 6.7 If the Owner chooses to proceed tinder Section 6.6.4,the Architect,without additional compensation,shall
modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the
conclusion of the Construction DocttMents Please Services,or the budget as adjusted tinder Section 6.6.1.Tile
foregoing notwithstanding,in the event the estimate of the Cost of the Work exceeds the O%;"ier's budget due to(i)
errors in pricing or estimating provided by or through the Contractor,Construction Manager,or Owner upon which
the Architect relied during file preparation of the Construction Documents, or,(ii)changes in inarket conditions
AIA Document 810111-2047(formerly 8151"m-1997).Copyright @ 1974,1978,1987,1997 and 2007 by The American Institute of Architects,Al rights
Init. reserved 15
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r1114nssa071
affecting costs of labor or materials,the Architect will modify the Construction Documents to comply with the
Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase as an Additional
Service,and compensation paid for such services as provided in Section 11.3. The Architect's modification of the
Construction Documents shall be the limit of the Architect's responsibility under this Article 6.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service,or any other information;the
transmitting party is the copyright owner of such information or has permission from the copyright owner to
transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of
Service or any other information or documentation in digital form,they shall endeavor to establish necessary
protocols governing such transmissions.
§ 7.2 The Architect and the Architect's consultants shall be deemed the authors of their respective Instruments of
Service, including the Drawings and Specifications, but the Owner shall be the owner of the Instruments of Service
after payment in full for services provided through completion of the applicable Phase of design work and shall
retain all common law,statutory and other reserved rights,including copyrights and the copyright of the design as
embodied in the completed Project.Submission or distribution of Instruments of Service to meet official regulatory
requirements or for similar purposes in connection with the Project is not to be construed as publication in
derogation of the reserved rights of the Owner.
§ 7.3 The Owner may authorize the Contractor,Subcontractors,Sub-subcontractors,and material or equipment
suppliers,as well as the Owner's consultants and separate contractors,to reproduce applicable portions of the
Instruments of Service solely and exclusively for use in performing services or construction for the Project.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of
Service, the Owner releases the Architect and Architect's consultant(s)from all claims and causes of action arising
from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold hanriless the
.Architect and its consultants from all costs and expenses,including the cost of defense,related to claims and causes
of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of
the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner
rightfully terminates this Agreement for cause under Section 9.4.
§ 7.4 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.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 GENERAL
§ 8.1.1 The Omer and Architect shall commence all claims and causes of action,whether in contract,tort,or
otherwise,against the other arising out of or related to this Agreement in accordance with the requirements of the
method of binding dispute resolution selected in this Agreement within the period specified by applicable law.The
Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1.
§ 8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against
each other and against the contractors,consultants,agents and employees of the other for damages, except such
rights as they may have to the proceeds of such insurance as set forth in AIA Document A201 2€107,General
Conditions of the Contract for Construction as amended and modified by Owner and Contractor or the City of
Round Rock's Standard Form of Agreement and General Conditions.The Owner or the Architect,as appropriate,
shall require of the contractors,consultants,agents and employees of any of them similar waivers in favor of the
other-parties enumerated herein.
§ 8.1.3 Intentionally omitted.
§ 8.2 MEDIATION
§ 8.2.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution only if mutually agreed upon by Owner and
Architect. If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may
AIA Document 8101'"—2007(formerly 8151 TM—1997).Copyright Q 1974 1978 1987,1997 and 2007 by The American institute of Architects.All rights
reserved. 16
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proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the
matter by mediation,if applicable, or by binding dispute resolution.
§ 8.2.2 If the Owner and Architect mutually agree,Owner and Architect shall endeavor to resolve claims,disputes
and other matters in question between them by mediation which,unless the parties mutually agree otherwise,shall
be administered by the American Arbitration Association in accordance with its Construction Industry Mediation
Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing,delivered to the
other party to the Agreement,and filed with the person or entity administering the mediation.The request may be
made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but,in
such event,mediation, if agreed to by Owner and Architect,shall proceed in advance of binding dispute resolution
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. If an arbitration proceeding is stayed pursuant to this
section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later
proceedings.
§ 8.2.3 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.
§ 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding
dispute resolution shall be the following:
(Check the appropriate box.If the Owner and Architect der not select a method of binding dispute resolution helot►,
or(16 not subsequently agree in writing,to a lidding dispute resolution method other than litigation, the dispute will
be resolved in a court of competent jurisdiction.)
[ ] Arbitration pursuant to Section 8.3 of this Agreement
[X] Litigation in a court of competent jurisdiction
[ ] Other(Specify)
§ 8.2.5 ATTORNEYS'FEES
If either Owner or Architect retains an attorney to enforce the terms of or obtain a declaration of rights under this
Agreement or to collect any payment or other sum of money due under this Agreement,the prevailing party shall be
entitled to recover from the other party its attorney's fees and costs(including the allocated cost of in-house legal
services, calculated at market rates).
§ 8.3 ARBITRATION
§ 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement,any
claim,dispute or other matter in question arising out of or related to this Agreement subject to,but not resolved by,
mediation shall be subject to arbitration which,unless the parties mutually agree otherwise, shall be administered by
the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the
date of this Agreement. A demand for arbitration shall be made in wvriting,delivered to the other party to this
Agreement,and filed with the person or entity administering the arbitration.
§ 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for
mediation,but in no event shall it be made after the date when the institution of legal or equitable proceedings based
on the claim,dispute or other platter in question would be barred by the applicable statute of limitations. For statute
of limitations purposes,receipt of a written demand for arbitration by the person or entity administering the
arbitration shall constitute the institution of legal or equitable proceedings based on the claim,dispute or other
matter in question.
§ 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity
duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in
any court having jurisdiction thereof.
AIA Document 13101 1"'�' 2807(formerly 8151""-1997).Copyright tp 1974, 1978:1987,1997 and 21-107 by The Arnerican institute of Architects.AJI rights
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§ 8.3.3 The award rendered by the arbitrator(s)shall be final,and judgment may be entered upon it in accordance
with applicable law in any court having jurisdiction thereof.
§ 8.3.4 CONSOLIDATION OR JOINDER
§ 8.3.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted tinder this Agreement with any
other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration
permits consolidation; (2)the arbitrations to be consolidated substantially involve common questions of law or fact;
and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s).
§ 8.3.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a
common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,
provided that the party sought to be joined consents in writing to such joinder.Consent to arbitration involving an
additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question
not described in the written consent.
§ 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this
Section 8.3,whether by joinder or consolidation,the same rights
II-) sof joinder and consolidation as the Owner and
Architect under this Agreement.
ARTICLE 9 TERMINATION OR SUSPENSION
§ 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be
considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension
of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give
seven days' written notice to the Owner be-fore suspending services. In the event of a suspension of set-vices,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 sums due prior to suspension and any expenses
incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
§ 9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of
such suspension. Mien the Project is resumed,the Architect shall be compensated for expenses incurred in the
interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the
Architect,the Architect may terminate this Agreement by giving not less than seven days' written notice.
§ 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party
fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating
the termination. This is one of two agreements which,together,cover the Project. If either party has a right to
terminate this Agreement,then it shall also have the right to terminate the other agreement regarding the Project. In
the event this Agreement is terminated due to the fault of the Architect,the Architect shall only be compensated for
services satisfactorily performed prior to termination together with Reimbursable Expenses then due;provided,
however,the Owner shall have the right to offset against amounts due the Architect all damages incurred by the
Owner as a result of the Architect's default under this Agreement. If the Owner terminates this Agreement for
cause,and the termination is later found or agreed to have been improper then the termination will be construed as a
termination for convenience pursuant to Section 9.5.
§ 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
§ 9.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services
performed prior to termination,together with Reimbursable Expenses then d1le.
§ 9.7 Intentionally omitted,
AIA Document 8101711-2007(formerly 8151 1997).Copyriqht 1974.!978.1987,1997 and 2007 by The American institute of Architects.AN rights
Init. fi
reserved.
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§ 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this
Agreement are set forth in Article 7 and Section 11.9,
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shalt be governed by the law of the place where the Project is located,except that if the
parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern
Section 8.3.
§ 10.2 Capitalized definitional terms in this Agreement shall have the same meaning as those in AIA Document
A201 2007,General Conditions of the Contract for Construction as amended and modified by Owner and
Contractor or the City of Round Rock's Standard Form of Agreement and General Conditions.
§ 10.3 Tile Owner and Architect,respectively,bind themselves,their agents,successors, assigns and legal
representatives to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the
written consent of the other,except that the Owner may assign this Agreement to a lender providing financing for
the Project if the lender agrees to assume the,Owner's rights and obligations under this Agreement and except
further that Owner may assign this Agreement to one or more of its affiliates.
§ 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests
the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute
all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the
Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or
consents that would require knowledge,services or responsibilities beyond the scope ofthis Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or Architect.
§ 10.8 Unless otherwise required in this Agreement,the Architect 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 tele Project site.
§ 10.7 Subject to the Owner's prior review and written approval,which approval will not be unreasonably withheld,
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.The Owner may, in its sole discretion,provide professional credit for the
Architect in the Owner's promotional materials,if any,for the Project,
§ 10.8 If the Architect receives information from the O�Nmer that is"confidential"or"business proprietary,"the
Architect shall keep such information strictly confidential and shall not disclose it to any other person except to(1)
its employees,(2)those who need to know the content of such information in order to perform services or
construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include
similar restrictions on the use of confidential information. All information sent by for on behalf of)Owner to
Architect shall be presumed to be confidential.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as
follows:
(Insert amount of, or'basis fibi-, compensation.)
See Exhibits E and F
§
11.2 For Additional Services designated in Section X1.1,the Owner shall compensate the Architect as follows:
(Insert a niount of, of basis for, compensation, If necevsar y, list specific services to i•vlrrch particular methods oaf
compensation apply,)
AIA Document BI 01 T""--2007(formerly 13'151 TM—1997).Copyright Q 1974,1978,1987,1997 and 2007 by The American institute:of Architects.All rights
Init. rese•rved. . . 19
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As agreed upon by Owner and Architect.
§ 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3,the
Owner shall compensate the Architect as follows:
(Insert anrount qf, or•basis,for, compensation)
As agreed upon by Owner and Architect.
§ 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or
11.3,shall be the amount invoiced to the Architect
§ 11.5 See Exhibits E and F.
(Table deleteq)
§ 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are
deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent
services are performed on those portions,in accordance with the schedule set forth in Section 11.5 based on(1)the
lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is received, the most recent estimate of
the Cost of the Work for such portions of the Project.The Architect shall be entitled to compensation in accordance:
with this Agreement for all services performed whether or not the Construction Phase is commenced.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants,if any,are set forth
below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants'normal review
practices.
(If applicable, attach an exhibit of hour•Iv billing rates or insert them below)
Employee or Category Rate
§ 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and are limited
to the following reasonable expenses incurred by the Architect and the Architect's consultants directly related to the
Project,as follows:
.1 Out-of-town transportation and subsistence in connection with the Project when authorized in
advance in writing by the Owner;
.2 Intentionally omitted;
.3 Fees paid for securing approval of authorities having jurisdiction over dze Project;
.4 Printing,and reproductions;
.5 Postage,handling and.delivery;
.6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner;
.7 Renderings,models,mock-ups, professional photography,and presentation materials requested by
the Owner;
.8 Intentionally omitted;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses; and
.11 Other similar Project-related expenditures approved in advance in writing by Owner.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the actual expenses incurred by the Architect and the
Architect's consultants directly related to the Project.
§ 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
(Paragral)h deleted)
Intentionally omitted.
Al Document 8109 "'--2007(forrnarly B151 --1997).Copyright rr)1974 1978 1987,1997 and 2007 by The Arne€can Institute of Arc hitect�; All rights
Init. reserved
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(111405AWI
§ 11.10 PAYMENTS TO THE ARCHITECT
§ "19.10.'1 Intentionally omitted.
§ 91.10.2 Payments hereunder shall be trade in accordance with Chapter 2251 of the Texas Government Code
("Prompt Payment Act"). Unless otherwise agreed,payments for services shall be made monthly in proportion to
services performed in the preceding month. Invoices must be submitted to Owner no later than the 51' day of the
month for work completed in the previous month. If properly submitted invoice is received as stated above,the
Owner shall make payment within thirty(30)days from the date of the Architect's invoice, or not later than the tinge
period required under the Texas Prompt Payment Act,whichever is later,subject to Section 11.10.2.1. Invoices
received alter the 5'"day of a month will not be processed until the following month. The Architect shall present to
the Owner each month a statement of Reimbursable Expenses incurred for the preceding month. Prior to receiving
payment for services rendered hereunder,the Architect shall deliver to the Owner lien waivers from the Architect
and the Architect's consultants that completely release the Project from all liens relating to the services for which
payment is requested,which lien waivers shall be in such form as reasonably requested by the Owner.Non-disputed
amounts unpaid sixty(60)days after the invoice date shall bear interest at the"rate in effect of September 1 of the
fiscal year in which the payment becomes overdue,"in accordance with Chapter 2251 of the Texas Government
Code.
§ 19.10.2.1 Promptly upon receipt,the Owner shall review the Architect's invoice. If the Owner disputes in good
faith all or any portion of any invoice, the Ow,1er shall notify the Architect within ten(10)business days of receipt
of the disputed invoice. Such notification sliall clearly indicate that portion of the invoice which the Owner
disputes or for which the Owner claims a setoff shall include a reasonably detailed explanation of the reasons for
disputing such portion or for the setoff respectively. If requested by either the Owner or Architect,decision makers
for each party shall meet and confer within seven (7)days of notice to attempt to resolve the dispute or reasons for
setoff. Any invoice or portion of an invoice not disputed by the Owner in the manner and within the time period set
forth above shall be paid as provided under Section 11.10.1 above;provided,that such payment shall not act as the
Owner's waiver of any claims that may be asserted against the Architect for the performance of defective or
deficient services. The Owner shall not be required to make payment to the Architect on account of any amount
disputed in good faith by the Owner in the manner and within the time period set forth above until the matter in
dispute has been resolved by the parties. If the resolution of the matter indicates that the Architect is entitled to be
paid all or any portion of such disputed amount,then such amount to be paid to the Architect shall be due and
payable within ten(10)days after resolution of the matter.
§ 9'1."10.3 The Owner shall not withhold arnounts from the Architect's compensation to impose a penalty or
liquidated damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in
the 'Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution
proceeding.
§ 91.10.4 Records of Reimbursable Expenses,expenses pertaining to Additional Services, and services performed on
the basis of hourly rates shall be available to the Owner at mutually convenient times.The Architect shall preserve
these records for a period of three(3)years after final payment. All hourly rates shall be deemed to include all
direct personnel expenses related thereto.
§ 11.10.5 The Architect shall protect,defend,indemnify,and hold harmless the Owner from and against any claims,
actions,liabilities,losses,damages,costs and expenses(including reasonable attorneys' fees) in the event that a
claim or mechanic's or construction lien is asserted by one of the Architect's consultants for non-payment by the
Architect to that consultant alter the Owner has made payment to the Architect on account of that consultant's work.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special tends and conditions that modify this Agreement areas follows:
§ 12.1.The Architect warrants and represents to the Owner that:
(a) The Architect is authorized to do business in the State where the Project is located and is properly
licensed by all necessary governmental and quasi-governmental authorities having jurisdiction over the Architect,
the Work or the Project;
AIA Document B1 o1 T"—2007(formerly 8151""—1997).Copyright C'1974,1978,1987,1097 and 2007 by The American Inst!tute of Arr::h>tects.All rights
Init, reserved t
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(b) The Architect's execution of this Agreement and performance of the Architect's Basic Services
and all Additional Services are within the Architect's duly authorized powers; and
(c) The Architect possesses a high level of experience and expertise in projects of the size,complexity
and nature of the Project.
§ 12.1.2 The invalidity or unenforceability of any provision of this Agreement shall not render invalid or
unenforceable any other provision of this Agreement.
§ 12.1.3 Any and all amounts due the Owner from the Architect that are not paid within thirty(30)days after such
amounts are due shall bear interest at the rate set forth in Section 1 1.10.2 above.
§ 12.1.4 This Agreement has been negotiated by Architect and.Owner and,notwithstanding that this Agreement
may have been drafted by the Architect or Owner,this Agreement shall not be construed against the party that
drafted it.
§ 12.1.5 The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,"I"exas 78701-3942,
Phone: 512-305-90£10,has jurisdiction over complaints regarding the professional practices of persons registered as
architects in Texas.
12.1.5 The Owner and Architect acknowledge, and agree,that having a good working relationship with each other,
and the Contractor,is an important,and essential,element of the Project and its success. In order to facilitate the
maintenance of those relationships,the Owner and Architect agree to convene a meeting of principals,defined as the
most senior project executive,at scheduled intervals,not to exceed six(6)weeks,for the duration of the
Project. The purpose of the meetings will be to discuss Project status,review current and outstanding;unresolved
issues and decisions, meet with the Contractor's project executive if available,and generally address any issues that
will contribute to the successful completion of the Project.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be
amended only by written instrument signed by both Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents listed below:
I .1 AIA Document B10 V1'"1--2007, Standard Form Agreement.Between Owner and Architect,as
amended and modified by Owner and Architect
.2 AIA Document E20ITM_2007, Digital Data Protocol Exhibit, if completed,or the following:
.3 Other documents:
(List other documents, if cnq, including Exhibit,4,Initial Information, and additional scopes of
service, if any,forming part of the<4grcement)
Exhibit A- Initial Information
Exhibit B- Insurance Requirements
Exhibit C- 4 (Not used)
Exhibit D Construction Contract Administration
Exhibit E-Compensation
Exhibit F-Draw Requirements
Exhibit G Milestone Dates
AIA Document 13101"m—2007(formerly 51511"'—1997).Copyright Q 1974,1978,1987,1'997 and 2007 by The American Institute of Architects.All rights
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This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
City of Round Rock,Texas HKS,INC.
By 4 By:Al -A
(Signalm-e) (Signature)
V Richard D. Johnston, AIA- Principal
(Printed name and title) (Printed name and title)
Init.
AIA Document 8101111-2007(formerly 13151191—'1997).Copyright 1974, 1978,1987,'1997 and 2007 by The American Institute of Architects.A]I rights
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23
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Exhibit A
Initial Information —Convention Center
The Project is a new Convention Center to be located on a portion of 350 acres at the corner of Kenney
Fort Blvd. and US HWY 79 (also known as Palm Valley Boulevard) in Round Rock Texas.
The scope of this agreement is for design and construction documents for Phase I construction of a
Kalahari Convention Center. Design shall include items such as roads, infrastructure and utilities. The
preliminary specifications for the Kalahari Convention Center includes approximately 200,000 Sq. Ft.with
major space breakdown as follows:
• Grand Ballroom with approximately 42,000 Sq. Ft.
• Junior Ballroom with approximately 26,0000 Sq. Ft.
• Meeting Rooms and Boardrooms comprising approximately 24,000 Sq. Ft.
• Pre-function, Restrooms, Registration areas and other front-of-house circulation and
support spaces.
• Receiving, loading, prep kitchen, storage and other back-of-house circulation and
support spaces.
• Approximately 1,000 parking spaces.
1
Exhibit B
Insurance Requirements
All policies above must be provided through insurers with an A. M. Best rating of no less than A- and a
financial size of VII or more. If other contract documents require more stringent financial security criteria,
the more stringent requirements shall control.
Architects and Engineers shall procure and maintain at its expense policies of insurance of the types
and in the minimum amounts as follows:
Commercial General Liability written on an ISO occurrence form CG 00 01(or a substitute form providing
equivalent coverage)
Each Occurrence $1,000,000
Personal Injury $1,000,000
General Aggregate $2,000,000
Products/Completed Operations Aggregate $2,000,000
Architects and Engineers must agree to provide completed operations coverage under this policy
during the construction phase and for the duration of the applicable statute of limitations and statute
of repose after substantial completion of the project.
Policy must provide:
• Coverage for; premises and operations; products and completed operations; contractual
liability of a type that provides coverage for the indemnification clause in this contract;
personal and advertising injury liability; employees as insureds; independent contractors;
explosion &collapse hazard; underground hazard.
• Policy General Aggregates must apply on a "per project" basis.
• If you are involved in rigging, Rigger's Liability must be included for policy limits.
• Additional Insured status using forms CG 20 10 (07 04) for ongoing operations and CG 20 37
(07 04) for completed operations or their equivalent to apply for: City of Round Rock; KR
Acquisitions, LLC and; KR CC, Inc.; Kalahari Management Co. LLC; and their respective
subsidiaries, parents,affiliates,and the directors,officers,employees,successors and assigns
of these entities, and their lender(s). Additional Insured status shall be provided during
construction and forthe duration of any applicable statute of limitations and statute of repose
after substantial completion of the project. Coverage to apply on a primary and non-
contributory basis.
• Waiver of Subrogation to the fullest extent allowable by law in favor of City of Round Rock;
KR Acquisitions, LLC and; KR CC, Inc.; Kalahari Management Co. LLC; and their respective
subsidiaries, parents,affiliates, and the directors,officers, employees, successors and
assigns of these entities, and their lender(s).
Automobile Liability
Combined Single Limit $110009000
Including bodily injury/property damage arising out of the use of owned,non-owned
and hired vehicles
2
Policy must provide:
• Additional Insured status for: City of Round Rock; KR Acquisitions, LLC and; KR CC, Inc.;
Kalahari Management Co. LLC; and their respective subsidiaries, parents, affiliates, and the
directors,officers, employees, successors and assigns of these entities,and their lender(s).
• Waiver of Subrogation to the fullest extent allowable by law in favor of City of Round Rock;
KR Acquisitions, LLC and; KR CC, Inc.; Kalahari Management Co. LLC; and their respective
subsidiaries, parents, affiliates,and the directors,officers,employees,successors and assigns
of these entities, and their lender(s).
• Where transportation of any hazardous materials or pollutants may be required, the
automobile liability insurance required by this Section shall include or be endorsed to include
an MCS 90 endorsement.
Workers Compensation/Employer Liability/Stop Gap
Each Accident $1,0009000
Disease Policy Limit $1,000,000
Disease—Each Employee $190005000
Limits can be achieved via a combination of primary and excess policies.
Policy must provide:
• Waiver of Subrogation to the fullest extent allowable by law in favor of City of Round Rock;
KR Acquisitions, LLC and; KR CC, Inc.; Kalahari Management Co. LLC; and their respective
subsidiaries, parents, affiliates, and the directors, officers, employees, successors and
assigns of these entities, and their lender(s).
• All States Endorsement
• Stop Gap Liability—where applicable
Umbrella (Occurrence Policy Form)-Minimum limits of liability
Each Occurrence $1590009000
Aggregate $15,000,000
Umbrella policy to schedule the following coverage:
General Liability,
Auto Liability,
Employer's Liability,
Stop Gap policies-where applicable.
Policy must provide:
• Additional Insured status must follow those Additional Insureds in the underlying General
Liability and Automobile policy.Coverage to apply on a primary and non-contributory
basis.
• Waiver of Subrogation must apply to the fullest extent allowable by law in favor of those
identified in the underlying General Liability,Auto and Workers'Compensation policies.
• You must agree to provide completed operations coverage under this policy during the
construction phase and for the duration of any applicable statute of limitations and statute of
repose after substantial completion of the project.
3
Professional Liability- Required for anyone providing Professional Services- If the Architect or Engineer
either directly or through a Sub will provide design or consulting services under the Contract,
Professional Liability coverage is required.
Minimum limits of liability are:
Each Occurrence $10,0005000
Annual Aggregate $10,0005000
Policy must:
• Be maintained while actual work is being performed and for the duration of the applicable
statute of limitations and statute of repose after substantial completion of the project.
• Insure all professional services(including those of your subs) performed on behalf of
project owner.
• As respects any retroactive date or prior acts exclusion to which such coverage is subject,
pre-date both the date upon which any services hereunder are commenced and the date
of this Agreement.
• Waiver of Subrogation to the fullest extent allowable by law in favor of City of Round
Rock; KR Acquisitions, LLC and; KR CC, Inc.; Kalahari Management Co. LLC; and their
respective subsidiaries, parents, affiliates, and the directors,officers,employees,
successors and assigns of these entities, and their lender(s).
Contractor's Pollution Legal Liability(If Applicable)
Required for anyone performing environmental testing, drilling or excavating
Each Accident $5,000,000
Policy must provide:
• Additional Insured status must apply for City of Round Rock and; KR Acquisitions, LLC and;
KR CC, Inc.; Kalahari Management Co. LLC; and their respective subsidiaries, parents,
affiliates, and the directors, officers,employees,successors and assigns of these entities,
and their lender(s). Coverage to apply on a primary and non-contributory basis.
• Be maintained while actual work is being performed and for the duration of the applicable
statute of limitations and statute of repose after substantial completion of the project.
Policies where Additional Insured Status is required as a part of this Agreement shall extend the full limits
of liability maintained by the Architect, Engineer or their subs, even if those limits of liability are in excess
of those required by this Agreement.
All Subs shall obtain and maintain the same coverage as shown in this exhibit and, have the same or
higher limits,with the exception of Professional Liability and Umbrella/Excess Liability Limits which are
shown in the exhibit below titled: HKS' Consultant Insurance Requirements Exhibit. It is the
responsibility of HKS to make certain their subs are aware of and in compliance with these requirements.
4
HKS' CONSULTANT INSURANCE REQUIREMENTS EXHIBIT
PROFESSIONAL UMBRELLA/EXCESS
LIABILITY LIMITS LIABILITY LIMITS
Annual
Consultant/Discipline Per Claim Aggregate Per Occurrence Aggregate
Associate Architect $ 5,000,000 $ 7,000,000 $ 5,000,000 $ 5,000,000
Associate Architect (skin) $ 10,000,000 $ 10,000,000 $ 5,000,000 $ 5,000,000
Accessibility $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Acoustical $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Atrium Smoke Control $ 2,000,000 $ 21000,000 $ 5,000,000 $ 5,000,000
Audio Visual $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Civil Engineering $ 5,000,000 $ 5,000,000 $ 5,000,000 $ 5,000,000
Code $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Elevator/Vertical Transportation $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Exterior Building Maintenance $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Exterior Enclosing Wall $ 4,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Food Service $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Graphics $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Hardware $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Interior Design $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Landscape Design $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Laundry $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Lighting Design $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Materials Management $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Mechanical/Electrical/Plumbing $ 10,000,000 $ 10,000,000 $ 5,000,000 $ 5,000,000
Parking $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Planning Consultant $ 1,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Pool/Spa $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Roofing/Waterproofing $ 4,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Security $ 2,000,000 $ 2,000,000 $ 5,000,000 $ 5,000,000
Structural Engineering $ 10,000,000 $ 10,000,000 $ 5,000,000 $ 5,000,000
Sustainability $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
Telecommunications/IT $ 2,000,000 $ 4,000,000 $ 5,000,000 $ 5,000,000
CERTIFICATES OF INSURANCE
You are required to submit to Owner a Certificate of Insurance prior to start of project work. The
Certificate must show detail of coverage required above (i.e., waivers, additional insureds, primary /
non-contributory and,forms when specified,etc.). Policies must include and,the Certificate must show
a 30-day cancellation/non-renewal notice provision,except ten days for non-payment.
Architects and Engineers shall be responsible for securing Certificates of Insurance from all Subs. The
Certificate must show detail of coverage required above (i.e., waivers, additional insureds, primary/
non-contributory and,forms when specified, etc.). Policies must include and,the Certificate must show
a 30-day cancellation/non-renewal notice provision,except ten days for non-payment.HKS shall deliver
to the Owner a copy of such Certificates of Insurance for their subs prior to commencing the work. It is
only with the Project Owner's written permission that policy limits may be lower than stated.
5
The insurance requirements set forth in this Section are not intended and shall not be construed to
modify, limit or reduce any of the Contractor's duties of indemnity under the Contract. If you or your sub
fail to obtain or maintain the required insurance, Owner shall have the right to treat such a failure as a
breach of the Contract and to exercise all appropriate rights and remedies,including contract termination.
BUILDER'S RISK COVERAGE
Owner shall provide:
Owner shall purchase and maintain, property insurance written on a builder's risk"all-risk"or equivalent
policy form in the amount of at least the initial Contract Sum, plus value of subsequent contract
modifications and cost of materials supplied or installed by others, plus the value of the contents of the
Project during construction for the entire Project at the site on a replacement cost basis, including costs
to cover professional fees, without deductibles greater than $50,000 per occurrence. Such property
insurance shall be maintained,unless otherwise provided in the Contract Documents or otherwise agreed
in writing by all persons and entities who are beneficiaries of such insurance,until the project has reached
substantial completion or until no person or entity other than the Owner has an insurable interest in the
property,whichever is later. This insurance shall include interests,if applicable,of the Owner,the General
Contractor, Subcontractors and Sub-subcontractors in the Project. The Contractor, Subcontractors and
sub-subcontractors shall be Additional Insureds under such policies.
The Owner shall pay any deductibles under the policy.
This property insurance shall cover portions of the Work stored off the site and also portions of the Work
in Transit.
Partial occupancy or use shall not commence until the insurance company or companies providing
property insurance have consented to such partial occupancy or use by endorsement or otherwise.
Loss of Use Insurance-The Owner, at the Owner's option, may purchase and maintain such insurance as
will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however
caused.
NOTE: It is not the responsibility of the Owner to insure machinery,tools,and any equipment that
will not become a permanent part of the project. Such items are not insured under the
Builder's Risk Policy.
6
Exhibit C
Waterpark Design Responsibility Matrix
[not used}
7
Exhibit D
Construction Contract Administration
Communication, documentation and critical procedures are all managed by our project team from day
one through the project's ultimate conclusion. With our on-site, day-to-day construction contract
administration process we proactively address issues as they arise, in an efficient and effective manner.
Construction contract administration is a vital part of our design services. We employ a cadre of skilled
construction contract administration professionals to review work conformance and report work
progress. During a project's construction phase, our teams are responsible for managing and
coordinating HKS' services with the owner, construction manager and general contractor.
Project Start-Up
The key to effective management is planning and coordination. Construction phase activities and
procedures are established at the preconstruction conference.The primary management tool for HKS
construction contract administration is the HKS Project Procedures Manual.This document,tailored
specifically for each project, addresses communication, document routing and processing, construction
phase procedures and close-out requirements.
Project Construction
Scheduled meetings with action-item guided management, reporting and task execution are part of our
construction phase services. Each issue is given a priority and assigned to a team member with a
targeted completion date.
Our action-item based management system is an effective tool for controlling and achieving project
goals and objectives. Unique issue identification, directed actions and specific completion dates allow
for the systematic administration of tasks from project start-up through final completion.Aided by
Newforma, a web base project information management software, our process effectively anticipates
and manages communications, decisions and activities required for successful project delivery.
Site visits are conducted at specific intervals during construction. Each design discipline issues an
observation report with every site visit.The reports, which include site photographs, address work
conformance and progress. Issues that arise during observations are addressed in scheduled team
meetings.
Pre-installation conferences are required for subcontractors and vendors in anticipation of installing
appropriate building elements and systems.These contractor-supervised meetings are used to
coordinate trades with adjacent work through drawing and detail reviews and to exchange information
necessary for effective coordination.
Project Substantial Completion
Substantial completion is a key milestone in the construction process. It documents the contractual
success of project completion for the contractor and the owner.To support this, HKS performs the
substantial completion inspection and helps the owner coordinate governmental agency reviews
8
required to obtain a certificate of occupancy. Certificates of substantial completion with appropriate
punch lists are issued for each designated portion of the project.
Project Close-Out
Project close-out is initiated well in advance of completion through the preparation and distribution of
the HKS project close out checklist.The checklist includes all specified close-out items and activities
required by the contract for project completion.
Follow-Up Review
if requested by the owner, HKS will visit the project prior to the end of the contractor's one-year
warranty to assist the owner in documenting warranty issues.
Project Management Tools
In addition to the standard methods of communication (e-mail,telephone,electronic drawing transfers
and regularly scheduled meetings), we use the following project management tools:
Design/Modeling Software
We have access to the latest versions of 15 design and modeling software applications titles, including:
Autodesk Revit,3DS Max and Navisworks,SketchUp,AutoCAD,ARCHengine, Inventor,Sketchbook Pro
and Rhinoceros+Grasshopper.
Web-based Sharing
As a firm, we are linked by a dedicated high-speed T1 Wide Area Network (WAN).The internet,email,
extranets and a secure file transfer site called Thru allows for the timely coordination and transfer of
project information.
Project Information Management
HKS' web-based project information management software, Newforma, is used to track RFIs, electronic
transmittals,change orders and submittals. Newforma also manages meeting minutes, action item logs,
images,drawings, photography and other key project documentation.
We also are familiar with many other CAFM tools that our clients request, including eBuilder and
ConstructWare.
Utilizing Skype for Business and Blue Jeans applications, our teams are able to connect from virtually
anywhere.These programs provide individuals the ability to conference call,video chat, instant message
and share screens with team members both inside and outside the HKS offices.
Report/Documentation Tools
•Tracking Logs
•Agenda Sheets
• Meeting Reports
•Action Items
•Space Diagrams
9
• Room Data Sheets
• Budget Allocation
•Sheets
•Schedule Metrics
•A-3 Analysis Summary
• Request for Change Logs
•Sketch Logs
•Submittal Logs
• Request for Information Logs
• Punch Lists
10
Exhibit E
Compensation
AMOUNT OF COMPENSATION
LandscapeArchitecture InteriorDesign MEP Structural TOTAL
Master Planning $27:750 $4,700 $7,200 $6:200 $5,000 $50,850
Schernatic
Design $254,750 $42,600 $64,850 $56,000 $28,100 $446,300
Design '7 8
Development $352,800 $159,200 $90,100 $71,�O0 $33,400 $613,300
Construction
Documents $49',900 $82:900 $126,100 $108,900 $55;700 $867,500
C'onstructior1
Coministratlon $290,000 $47,400 $72,000 $62,200 $26,800 $498,400
TOTAL $1,419,200 1 $236,800 1 $360,250 $311,100 $149,000 $2,476,350
TIMING OF COMPENSATION
See Exhibit F
DESIGN REIMBURSABLE EXPENSES FOR CORE/SHELL/SITE
Not to exceed$ 156,000
SECONDARY CONSULTANT ALLOWANCES
Civil Engineering $200,000
Food Service/Laundry N/A-by Owner
Vertical Transportation $ 20,000
A/V, Tele/Data &Security $40,000
Acoustical $40,000
Hardware $ 15,000
Life-Safety/Accessibility $30,000
Lighting $ 55,000
Architect shall receive no additional or add-on fees for secondary consultants. For all potential
secondary consultants,Architect shall prepare RFPs and receive Owner approval of such RFPs before
they are sent to potential secondary consultants. In addition, Owner shall review and approve proposals
received from all proposed secondary consultants before they are engaged by Architect.
11
i
EXHIBIT F
PROJECTEb DRAIN$CHEDULE`. CONVENTION CENTER ONLY tCALAFIARJ RESORT-ROUND ROCK
HKS Project No.2903.06
INTERIOR MECH ELEC PLU STRUCTURAL
ARCH. DESIGN MBING ENGINEERING LANDSCAPE TOTAL j
FIRM JHKS jHKS IBLUM 1131313 ISWA
$1,419,2001 $236,8001 $360,2501 $311,100 $149,000 $2,476,350
Concept Apr $20,000 $0 $0 $0 $0 $20,001
Concept May $7,750 $4,700 $7,200 $6,200 $5,000 $30,850
SDI Jun $84,900 $14,200 $21,600 $18,600 $9,350 $148,650
SD2 Jul $84,900 $14,200 $21,600 $18,600 $9,350 $148,650
p SD3 Aug $84,950 $14,200 $21,650 $18,800 $9,400 $149,000
DDI Sept $88,200 $14,800
$22,525 $19,450 $8,350 $153,325
DD2 Oct $88,200 $14,800 $22,525 $19,450 $8,350 $153,325
DD3 Nov $88,200 $22,525 $19,450 $8,350 $153,325
$14,800 �
DD4 Dec $88,200 $14,800 $22,525 $19,450 $8,350 $153,325
CD1 Jan $70,500 $11,800 $18,000 $15,550 $7,950 $123,800
CD2 Feb $70,500 $11,800 $18,000 $15,550 $7,950 $123,800
Gp CD3 Mar $70,500 $11,800 $18,000 $15,550 $7,950 $123,800 '
Q CD4 Apr $70,500 $11,800 $18,000 $15,550 $7,950 $123,800
r4 CD5 May $70,500 $11,800 $18,000 $15,550 $7,950 $123,800
CD6 Jun $70,500 $11,800 $18,000 $15,550 $7,950 $123,800
CD7 Jul $70,900 $12,100 $18,100 $15,600 $8,000 $124,700
A/E Design Fee $1,129,200 $189,400 $288,250 $248,9001 $122,200 $1,977,950
INTERIOR MECH ELEC PLU 15TRUCTURAL Month Total
ARCH. DESIGN MBING JENGINEERING LANDSCAPE Including CD
FIRM --> JHKS HKS IBLUM 8DD ISWA
i
B/N Jan $10,0001 $2,000 $4,000 $4,000 $2,000 $22,000 $145,800
CAI Feb $9,300 $0 $2,250 $1,940 $0 $13,490 $137,290
CA2 Mar $9,300 $0 $2,250 $1,940 $0 $13,490 $137,290 j
CA3 Apr $9,300 $0 $2,250 $1,940 $0 $13,490 $137,290
CA4 May $9,300 $0 $2,250 $1,940 $0 $13,490 $137,2Go
90
CAS Jun $9,300 $0 $2,250 $1,940 $0 $13,490 $137,290
H CAfi Jul $9,300 $0 $2,250 $1,940 $0 $13,490 $138,190
CA7 Aug $9,300 $0 $2,250 $1,940 $0 $13,490
CAS Sep $9,300 $0 $2,250 $1,940 $0 $13,490
CA9 Oct $9,300 $0 $2,250 $1,940 $0 $13,490
CAIO Nov $9,300 $0 $2,250 $1,940 $0 $13,490
CA11 Dec $9,300 $0 $2,250 $1,940 $0 $13,490
CA12 Jan $9,300 $0 $2,250 $1,940 $0 $13,490
CA13 Feb $9,300 $0 $2,250 $1,940 $0 $13,490
CA14 Mar $9,300 $1,000 $2,250 1 $1,940 $2,000 $16,490
CAIS Apr $9,300 $1,000 $2,250 $1,940 $0 $14,490
CA16 May $9,300 $1,000 $2,250 $1,940 $D $14,490
S ,
�. CA17 Jun $9,300 $2,000 $2,250 $1,940 $0 $15,490
i CA18 Jul $9,300 $2,000 $2,250 $1,940 $0 $15,490
CA19 Aug $9,300 $2,000 $2,250 $1,940 $1,000 $16,490
CA20 Sep $9,300 $2,000 $2,250 $1,940 $1,000 $16,490
CAU Oct $9,300 1 $3,000 $2,250 $1,940 $2,000 $18,490
CA22 Nov $9,300 $3,000 $2,250 $1,940 $2,000 $18,490
CA23 Dec $9,300 $3,000 $2,250 $1,940 $2,000 $18,490
CA24 Jan $9,300 $3,000 $2,250 $1,940 $2,000 $18,490
CA25 Feb $9,300 $31000 $2,250 $1,940 $2,000 $18,490
CA26 Mar $9,300 $3,000 $2,250 $1,940 $2,000 $18,490
CA27 Apr $9,300 $3,000 $2,250 $1,940 $2,000 $18,490
CA28 May $9,30D $4,000 $2,250 $1,940 $2,000 $19,490
CA29 Jun $9,300 $4,000 $2,250 $1,940 $2,400 $19,890
CA30 Jul $10,300 1 $5,400 1 $2,750 $1,940 $2,400 $22,790
A/E Construction Admin.Fee $2-90,o0ol $47,400 $72,000 $62,200 $26,800 $498,400
Total _
$1419,200: $236,860,1 $360,250 $$11,100' $149,000 $2,47F,350
1
2
i
RJ/H KJ
5/18/2017
Exhibit G
Kalahari Round Round Rock
Project Schedule-Fast Track Option
Revised March 24 2017
ID Task Name Start Finish
2017 2018 :2019 2020
... ... ._._........._..... ._.............:........._ Nwy'Pec Jan Feb.Mx,Apr Mn J,un._lul.Au9.'-Sep.Oct,Noy.:Dec. Fe .4 Tutt�._lul..A. 'S Ocl_:_ryoY�.P4S..la[L'.Feb_ttitar
a }un'1 u Se Oc[ Nov: ec 1 nFeb ar A
,t t r t t t t t i t i i i r t r- t r t t .. .r......tq%..�M_X.t. t..41..�.A 9, ..P...i..... ..........t..Pj?c.....8._.t.F._._�.JAw.,.APr..,M&Yj..
:
2 Concept Design Mon 12/5/16 Tue 4/11/17
3 i
j
4 Schematic Design Wed 4/12/17 Fri 7/7/17
5
6 50%SD Package Fri 5/26/17 Fri 5/26/17
7 Pricing Mon 5/29/17 Fri 6/23/17 s
8 Final SD Package
Fri 7/7/17 Fri 7/7/17
9 i r
10 Design Development Mon 7/10/17 Fri 10/13/17
12 50%DD Package Fri 8/25/17 Fri 8/25/17 ; r
13 Pricing Mon 8/28/17 Fri 9/15/17E
14 Final DD Package Fri 10/13/17 Fri 10/13/17 +
15
16 Construction Documents Mon 10/16/17 Fri 5/25/18
17
18 DD Pricing Mon 10/16/17 Fri 11/17/17
19 Site Grading and Utilities Package Fri 10/20/17 Fri 10/20/17
20 30%CD Package+Structure/Foundations/BG MEP Fri 12/8/17 Fri 12/8/17
21 60%CD Package Fri 2/9/18 Fri 2/9/18
22 60%CD Pricing Mon 2/12/18 Fri 3/9/18 ;
23 90%CD Package Fri 4/13/18 Fri 4/13/18 i
24 Owner Review of 90%CD's Mon 4/16/18 Fri 5/4/18
25 Final CD Package Fri 5/25/18 Fri 5/25/18
26
27 Bidding/Negotiation Mon 10/23/17 Mon 8/20/18
28
29 Site Grading and Utilities Package Mon 10/23/17 Fri 11/3/17
30 Award Site Development/Break Ground Fri 11/3/17 Fri 11/3/17
31 Structure/Foundations Package Mon 12/11/17 Fri 12/22/17
32 Award Structure/Foundations Fri 12/22/17 Fri 12/22/17
33 Core and Shell Package Mon 5/28/18 Fri 6/29/18
34 Interior Finishes/FF&E Mon 7/2/18 Fri 8/31/18
35
i,
36Construction Fri 11/3/17 Fri 5/1/20
37
38 Site Grading and Utilities Fri 11/3/17 Fri 2/23/18
39 Structure/Foundations Tue 12/26/17 Fri 6/29/18
40 Core and Shell Mon 6/25/18 Fri 2/28/20
41 Interior Finishes/FF&E Mon 3/4/19 Fri 2/28/20
:
42 Turnover and Commissioning Mon 3/2/20 Fri 5/1/20
Page 1