R-10-04-22-10B1 - 4/22/2010RESOLUTION NO. R -10-04-22-10B1
WHEREAS, the City of Round Rock desires to retain professional
architectural and interior design services for the remodel of the
City Hall Building located at 221 E. Main Street, and
WHEREAS, KA Hickman Architects & Interior Designers 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 KA Hickman Architects & Interior Designers, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City a Standard Form of Agreement Between Owner and
Architect with KA Hickman Architects & Interior Designers for the
Existing City Hall Remodel Project, a copy of same being attached
hereto as Exhibit "A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 22nd day of April, 2010.
Yln
ALAN MCGRAW, Mayor
ATTEST: City of Round Rock, Texas
41/1/1/t.U0AJE
SARA L. WHITE, City Secretary
O:\wdox\SCC1ntS\0112\1005\MUNICIPAL\00189294.DOC/rmc
City of Round Rock Agreement
for Architectural Services for
Existing City Hall Remodel Project
with KA Hickman Architects & Interior Designers
Based upon AIA Document B141 -1997
1997 Edition - Electronic Format
Standard Form of Agreement between Owner and Architect
EXHIBIT
„A„
AGREEMENT made as of the
( ) day of the month of in the year Two Thousand Tet.
BETWEEN the Architect's client identified as the City or the Owner:
City of Round Rock
221 East Main Street
Round Rock, Williamson and Travis Counties, Texas 78664
and the Architect:
KA I Iickman Architects & Interior Designers
1517 East Palm Valley I3oulevard
Round Rock, Texas 78664
For the following Project:
Professional architectural services and interior design services related to the following: remodel of currently -occupied City Hall
building located at 221 East Main Street in downtown Round Rock, Texas, consisting generally of remodeling the existing three-
story building including GIS Department, Mayor's office space, Councilmembers' work area, City Council Chambers. City
Manager's/administration staff office space, Communications Department, first -floor reception desk area, and bathrooms on all
floors. Additionally, the building roof and HVAC system will be evaluated for possible replacement/reconfiguration,
Professional services for this Project shall include but not be limited to Phase One Services (Architectural Only) consisting of
Programming Services, Schematic Design, and Design Development, and Phase Two Services (Architectural Only) consisting of
Construction Documents. Bid and Negotiation, and Construction Administration.
Owner and Architect agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
Architect shall furnish the delineated services. including but not limited to meeting with Owner representatives and others
designated by Owner to determine needs and requirements: rendering professional consultation and advice: furnishing all
necessary contracted services for the referenced Project: and providing other specialized services.
Architectural services shall include the submittal of plans for Texas Accessibility Standards (TAS) review, which is a
requirement of federal law to comply with the ADA if the construction budget exceeds $50,000.
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
188867/jkg
The Project consists of professional planning, design. and construction administration services related to the remodel of
portions of the interior of the existing City Hall building.
1.1.2.2 The physical parameters are:
The Existing City Hall Remodel Project is located on City property located at 221 East Main Street, Round Rock, Texas.
1.1.2.3 The Owner's Program is:
Architect shall provide the following specific services:
1. GIS Department: Provide permanent space for 7-8 persons.
2. Mayor's office space: Relocate from Library to existing City Hall, preferably on first floor of existing City Hall
building or in designated 800 sf lease space in Business Center.
3. Councilmembers' work area: Provide space for limited numbers of couneilrnembers to have computer access and
periodically perform work (maximum 3-4 persons at any one time).
4. City Council Chambers: Evaluate and design improvements including (a) removing rows of fixed seating at front and
replacing with tables/chairs for staff to better work from materials, (b) improving project area for presentations, (c)
improving lectern used by staff and citizens in addressing Council. and (d) improving communications/audio visual
area at rear of Council Chambers.
5. City Manager's/administration staff office space: Redesign third -floor space for City Manager/staff offices. conference
areas (projection equipment), break-out area, work areas, copier area, evaluate the desirability of a fire -proof storage
vault, and the like. Additionally, review programming from Policy Center and incorporate into existing building.
6. Communications Department: Evaluate and design improvements to areas currently occupied by Will Hampton and
Brooks Bennett, including evaluating the desirability of relocating equipment currently in Bennett's area to second -
floor Data Center.
7. First -floor reception desk area: Evaluate and suggest improvements to the existing space.
8. All bathrooms: Remodel.
9. Building roof: Evaluate for possible replacement.
10. HVAC: Evaluate for possible improvements or reconfigurations, particularly with regard to split systems v. package
units (note completed improvements to Data Center with work stations that will not be moving, and first -floor Water
Billing Department that will not be moving but may benefit from minor improvements to these areas).
11. Walkway to parking garage: Evaluate feasibility and possible construction of covered walkway from second floor of
City Hall to parking garage.
12. Water Billing Department: Evaluate space presently occupied to determine needs.
13. IT. Finance, GIS Departments: Review programming, with IT Data Center to remain on second floor.
14. Break rooms: Provide adequate break rooms for both buildings. to include microwaves and refrigerators.
15. Projections: Determine if Business Center and City Hall buildings, with new programming, will meet city needs for the
ensuing five. ten and twenty years.
16. Miscellaneous: Handle other items as identified within the original programming documents previously completed by
Architect.
The program of development shall include but not be limited to the following elements, The parties agree that elements may
be omitted by Owner in order to meet the Project budget:
Schematic Design
•
•
•
Review with Owner approaches to design and construction of Project.
Based upon the mutually agreed-upon program, schedule, and construction budget requirements, prepare
Schematic Design Documents (including but not limited to drawings and other documents illustrating the
scale and relationship of Project components), and submit same for Owner's approval.
Provide Owner with a preliminary estimate of Probable Construction Cost based on Schematic Design
Documents and current arca, volume, or similar conceptual estimating techniques.
Deliverables include conceptual sketches and illustrations: Schematic Design drawings of buildings and site;
interior layouts; narrative descriptions and/or schematic representations of Architectural. Landscape, Civil,
Structural, AN, Data/Com, Security/Access Control, FFE, MEP systems; statement of Probable Construction
Cost.
Attend Owner review meeting(s) with designated representative.
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Design Development
•
•
•
1
•
Participate with Owner on design review make adjustments to Schematic Design Documents based on
Owner review comments. Note that if there is a significant adjustment of Project scope and/or budget. the
Project fee may also be subject to adjustment.
13ased upon the approved Schematic Design Documents and any adjustments authorized by Owner in the
program. schedule. or construction budget, prepare Design Development Documents (including but not
limited to drawings and other documents) to fix and describe the size and character of the Project as to
disciplines of architectural. structural. MBP systems. materials and such other elements as may be
appropriate, and submit sante for Owner's approval.
Advise Owner of any adjustments to the preliminary estimate of Probable Construction Cost, and provide
statement of Probable Construction Cost based on Design Development Documents.
Deliverables include Design Development Documents for applicable disciplines including drawings. outline
of specifications. and updated statement of Probable Construction Cost,
Attend Owner review meeting(s) with designated representative.
Construction Documents Phase
•
•
•
•
Based on the approved Design Development Documents and any further adjustments in scope or quality of
the Project or in the constniction budget authorized by Owner, prepare Construction Documents (including
but not limited to Drawings and Specifications) setting forth in detail the requirements for construction of the
Project. and submit same for Owner's approval.
Assist Owilcr in preparation of necessary bidding information. bidding forms, Conditions of the Contract
including general. special. and supplementary. the form of agreement between Owner and Contractor, and
related documents.
Deliverables include bidding forms, Conditions of the Contract including general, special, and
supplementary. the form of agreement between Owner and Contractor. and related documents.
Attend Owner review meeting(s) with designated representative.
Bid and Negotiation Phase
.
Following Owner's approval of the Construction Documents and of the latest estimate of Construction Cost,
assist Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for
construction.
Contract Administration Services
• As delineated in Supplemental Agreement No. 1 accompanying this Agreement.
SCHEDULE
Proposed schedule for the Project is as follows:
Phase or Action
Programming Services
Schematic Design
Design Development
Constniction Documents
Bid & Negotiation
Construction Administration
Total Maximum Duration
02 weeks = 10 days
03 weeks = 15 days
03 weeks = 15 days
06 weeks = 30 days
04 weeks = 20 days
48 weeks = 240 days
66 weeks = 330 days
Architect will maintain project schedule in a format acceptable to City throughout the duration of the Project.
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1.1.2.4 The legal parameters are:
Not applicable,
1.1.2.5 The financial parameters are as follows:
I . The Fee Schedule relative to this Agreement is as follows:
A. Professional Services
City agrees to pay Architect a total sura not to exceed One Hundred Nineteen Thousand Two Hundred Seventy
and No/100 Dollars ($119,270,00). Said sum is a fixed not -to -exceed amount, and shall be paid as delineated in
the attached Exhibit "A" which is incorporated herein by reference for all purposes. Such not -to -exceed sum
includes amounts paid for Architect's services, structural engineer's fees. MEP engineering fees, roofing
consultant's fees. and reimbursable expenses.
B. Reimbursable Expenses
Payment for reimbursable expenses, including administrative charges and out-of-pocket expenses, shall not exceed
the maximum sum of Ten Thousand and No/100 Dollars ($10,000.00), Such reimbursable expenses are Included
within the not -to -exceed total fee recited herein.
Allowable reimbursable expenses within the not -to -exceed amount may include the following:
Reprographic and plotting of documents for other than Architect's own in-house used
Shipping, mailing and delivery expenses for other than Architect's own in-house use
Additional subconsultants, if requested by City:
Other disbursements or agency fees made on behalf of City:
Out-of-town travel. lodging, meals associated with the Project: and
Long distance telephone and teleconference expenses.
Not -to -exceed Total Payment for Professional Services and Reimbursable Expenses Payable Hereunder: Unless
subsequently changed by Supplemental Agreement hereto. Architect's total compensation for services and reimbursables
hereunder shall not exceed $119,270.00. Such amount represents the absolute limit of City's liability to Architect unless
same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -
exceed sums recited herein, Architect's professional fees and reimbursable expenses for work done on behalf of City. No
deductions shall be made for Architect's compensation on account of penalty. liquidated damages or other sums withheld
from payments to Architect. No additions shall be made to Architect's compensation based on Project claims, whether paid
by City or denied.
Additional Services: Additional services are defined as any services not listed as a basic service including revisions to
previously -approved plans that necessitate additional work for Architect, substantive changes in Project scope, or additional
work necessitated by unknown or reasonably unforeseen circumstances. The parties expressly agree that such additional
services, if directed by Owner. would be performed under a supplemental agreement negotiated at a time subsequent to this
Agreement.
Professional renderings or models are not included herein as a basic service, but may be requested as an additional
service.
Submittals with applications to agencies with jurisdiction (i.e. TCEQ, City) are included as a basic service.
1.1.2.6 'l'he time parameters are:
Services hereunder shall commence immediately upon receipt by Architect of this firlly-executed Agreement. Completion
shall be not later than 330 days thereafter. Other time parameters or adjustments to time parameters may be determined at a
later date by mutual agreement of the parties.
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1.1.2.7 The proposed procurement or delivery method for the Project is:
Professional services such as architectural/planning will be engaged by negotiated contract. The general contractor for
construction will he selected by competitive bidding or other statutorily -allowed alternate delivery method,
1.1.2.8 Other parameters are:
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
James R. Nuse, P.E.
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Larry Madsen
Construction Manager. Engineering and Development Services Department
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-5552
Facsimile Number (512) 218-5563
Email Address: larrym@round-rock.tx.us
1.1.3,2 Tlie persons or entities, in addition to the Owner's Designated Representatives, who are required to review the
Architect's submittals to the Owner are:
Not designated at this time.
1.1.3.3 The Owner's consultants and contractors are:
Architects of Record : KA Hickman Architects & Interior Designers: Keith A. Hickman. AIA, CEO and Principal
1.1.3.4 The Architect's Designated Representative is:
Keith A. Hickman, AIA, CEO and Principal
KA Hickman Architects & Interior Designers
1517 East Palm Valley Boulevard
Round Rock, Texas 78664
Telephone Number (5 I2) 917-6620
Facsimile Number (512) 388-1843
Email Address: keith@kaharchitects.com
kaliarchitects.com
1.1.3.5 The consultants retained at the Architect's expense are:
Upon execution of this Agreement, Architect agrees that it will submit to City within ten (10) days a list of all additional
consultants it intends to utilize, not previously identified in Architect's proposal, delineating their respective tasks. All of
Architect's consultants shall be subject to the approval of City, and City reserves the right to reject any consultant.
1.1.4 Other important initial information is:
Not applicable.
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1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the
Contract for Construction shall be the edition of AIA Document A201 as modified between Owner and Contractor. Duties,
responsibilities and limitations of authority of Architect shall not be restricted, modified or extended without written
agreement of Owner and Architect with consent of Contractor, which consent shall not be unreasonably withheld. Architect
consents to the modifications of AIA Document A201, General Conditions of the Contract for Construction. between Owner
and Contractor,
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation.
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this
Agreement must be duly authorized by appropriate City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Architect shall fully cooperate with one another to fulfill all of their respective obligations required
under this Agreement. Both parties shall endeavor during the full term hereof to maintain good working relationships
among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner
regarding requirements for and limitations on the Project. Owner shall furnish to the Architect, within fifteen (15) days after
receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien
rights.
1.2.2. Owner shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, Owner's other costs, and reasonable contingencies related to all costs.
1.2.2.3 Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf
with respect to the Project. Owner or Owner's Designated Representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of Architect's services.
1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by Architect and are reasonably required
by the scope of the Project and are approved by Owner,
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, Owner shall fiurnish or pay for tests,
inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests
for air and water pollution, and tests for hazardous materials.
1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet Owner's needs and interests.
1,2.2.7 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in Architect's Instruments of Service.
1.2.2.8 Owner will furnish building permits without charge. Electrical, plumbing and other trade permits will be the
responsibility' of the construction contractor. Any charges which may be assessed for tap fees will be paid by Owner and are
not to be included by Architect in the specifications for the Project. 1 lowever, Owner agrees to reimburse Architect the
actual costs of review fees associated with Texas Building Accessibility reviews.
1.2.2.9 Owner will provide Architect with miscellaneous items such as the Project Facility Program, two (2) copies Utile
City of Round Rock General and Supplementary Conditions for Building Construction, Instructions to Bidders. Proposal
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Forms. Wage Rates, Contract and Bond Forms. Bid Advertisement Form. and such other information and materials as may
be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction
contract, To the extent practicable. these documents shall be utilized in the preparation of the construction documents.
1.2.2.10 Owner will provide timely review and response to inquiries in order to maintain an orderly progression.
1.2.2.11 Owner will furnish relevant design standards and Owner -furnished equipment specifications.
1,2,2.12 Owner will self -perform the following:
1. Asbestos Abatement
2. Drawings of adjacent properties for use by Architect
3. Security consulting. if required
4. Environmental studies
5. Zoning and variances, if required
6. Government fees for applications. approvals,_and permits
7. Construction Phase materials testing
1.2.3 ARCHITECT
1.2.3.1 The services performed by Architect, Architect's employees and Architect's consultants shall be as enumerated in
Article 1.4 and as enumerated elsewhere herein. in attached and accompanying documents, in supplemental documents. and
in related documents.
1.2.3.2 Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. Architect shall submit for Owner's approval a schedule for the performance of Architect's
services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which may be
adjusted, if necessary and approved by Owner, as the Project proceeds. This schedule shall include allowances for periods of
time required for Owner's review, for the performance of Owner's consultants, and for approval of submissions by
authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not,
except for reasonable cause, be exceeded by Architect or Owner.
1.2.3.3 Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on Architect's behalf
with respect to the Project.
1.2.3.4 Architect shall maintain the confidentiality of information specifically designated as confidential by Owner, unless
withholding such information would violate the law, create the risk of significant harm to the public or prevent Architect
from establishing a claim or defense in an adjudicatory proceeding. Architect shall require of Architect's consultants similar
agreements to maintain the confidentiality of information specifically designated as confidential by Owner.
1.2.3.5 Except with Owner's knowledge and consent, Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Architect's professional judgment with
respect to this Project.
1.2.3.6 Architect shall review laws, codes, and regulations applicable to Architect's services. Architect shall respond in the
design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by Owner. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
Owner of all elements of the Project designed by Architect.
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1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by
Owner and equipment designed, specified, selected or specially provided for by Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or contractor, for
Contractor's overhead and profit.
1.3.1.3 The Cost of the Work does not include the compensation of Architect and Architect's consultants, the costs of the
land, rights-of-way and financing or other costs that are the responsibility of Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by Architect's and
Architect's consultants are Instruments of Service for use solely with respect to this Project. All Architect's designs and
work product under this Agreement. including but not limited to Tracings, Drawings. Estimates, Specifications,
Investigations. Studies and other documents, shall be the property of Owner, to be used as Owner desires: by execution of
this Agreement and in confirmation of the fee for services to be paid corder this Agreement, Architect hereby conveys,
transfers and assigns to Owner alt rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as
amended. all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs
and work product developed under this Agreement, Copies may be retained by Architect. Architect shall be liable to Owner
for any loss or damage to any such documents while they are in the possession of or while being worked upon by Architect
or anyone connected with Architect, including agents, employees. consultants or subcontractors. All documents so lost or
damaged shall be replaced or restored by Architect without cost to Owner.
1.3.2.2 Upon execution of this Agreement, Architect grants to Owner permission to reproduce the Architect's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that Owner shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. Architect shall obtain similar
permission from Architect's consultants consistent with this Agreement. If and upon the date Architect is adjudged in
default of this Agreement, Owner is permitted to authorize other similarly credentialed design professionals to reproduce
and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing, using and maintaining the Project.
1.3.2.3 Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another
party without the prior written agreement of Architect. However, Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments
of Service appropriate to and for use in their execution of the fork. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized
use of the Instruments of Service shall be at Owner's sole risk and without liability to Architect and Architect's consultants.
1.3.2.4 Prior to Architect providing to Owner any Instruments of Service in electronic form or Owner providing to
Architect any electronic data for incorporation into the Instruments of Service, Owner and Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Architect to Owner for approval on a minimum 24 -inch
by 36 -inch or maximum 32 -inch by 42 -inch drafting sheet, with all lettering processed in ink or pencil and clearly legible
when the sheets are reproduced and reduced to half size.
1.3.2.6 Upon completion of the construction of the Project, Architect shall, within thirty (30) calendar days following
final inspection, deliver to Owner the reproducible Record Drawings and Record Specifications as described supplementally
herein. In addition, Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual as -built
conditions as provided by the General Contractor.
1,3.2.7 Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by the
architect making that change and shall be appropriately marked to reflect what was changed or mortified. To the extent
permitted by law, Owner agrees to indemnify, defend and hold harmless Architect for any claims, damages, suits and loss of
every kind and nature for the unauthorized re -use of Architect's Instruments of Service.
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1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Architect, including services required of Architect's consultants, may be accomplished after
execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly understood
and agreed by and between the parties hereto that any alteration in schedule. compensation and Change in Services shall be
effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly
authorized by appropriate City Council or City Manager action. It is expressly agreed by the parties that. as to services
hereunder. the total sum of $119,270.00 including authorized reimbursable expenses shall represent the absolute limit of
Owner's liability to Architect unless same shall be changed by Supplemental Agreement hereto.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of Architect's services, Architect may proceed in
accordance with applicable law to comply with lien notice or fling deadlines prior to resolution of the matter by rnediation.
1.3.4.2 Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation. Request for mediation shall be fled in writing with the other party to this Agreement, and mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from
the date of filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect arising out
of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state
arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Architect
consents to be joined in the arbitration proceeding if Architect's presence is required or requested by Owner for complete
relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Architect and Owner waive consequential damages for claims, disputes or other rnatters in question arising out of
or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination in accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas. and venue shall lie in Williamson County,
Texas.
1.3.7.2 Tcrnis in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General
Conditions of the Contract for Construction, as modified between Owner and Contractor.
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall continence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate
for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations
commence to run any later than the date when the Architect's services are substantially completed.
1.3.7.4 '1'o the extent damages are covered by property insurance during construction, 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
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as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of
the Contract for Construction, as modified between Owner and Contractor, Owner or Architect, as appropriate, shall require
of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated
herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a
third party against either Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, Architect and Architect's consultants shall have no responsibility for
the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances
in any form at the Project site.
1.3.7.7 Architect shall have the right to include photographic or artistic representations of the design of the Project among
Architect's promotional and professional materials. Architect shall be given reasonable access to the completed Project to
make such representations. However, Architect's materials shall not include Owner's confidential or proprietary information
if Owner has previously advised Architect in writing of the specific information considered by Owner to be confidential or
proprietary. Owner shall provide professional credit for Architect in Owner's promotional materials for the Project.
1.3.7.8 If Owner requests Architect to execute certificates, the proposed language of such certificates shall be submitted to
Architect for review at least fourteen (14) days prior to the requested dates of execution. Architect shall not be required to
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written
consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for the
Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Architect shall execute
all consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If Owner fails to make payments to Architect in substantial compliance with this Agreement, such failure may be
considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If
Architect elects to suspend services, prior to suspension of services, Architect shall give fifteen (15) days' written notice to
Owner. In the event of a suspension of services, Architect shall have no liability to Owner for delay or damage caused
Owner because of such suspension of services. Before resuming services, Architect shall be paid all non -disputed sums
due prior to suspension. Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by Architect that Owner
may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience
of Owner, upon fifteen (15) days' written notice to Architect, with the understanding that immediately upon receipt of said
notice all work and labor being performed under this Agreement shall cease. Architect shall invoice Owner for all work
satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work
accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys. maps. cross sections and other data, designs and work related to the Project shall become the property of Owner
upon termination of this Agreement, and shall be promptly delivered to Owner in a reasonably organized form without
restriction on future use, Should Owner subsequently contract with a new architect for continuation of services on the
Project, Architect shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pay for any work which is
unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this
Agreement. Owner shall not be required to make any payments to Architect when Architect is in default under this
contract, nor shall this section constitute a waiver of any right, at law or at equity. which Owner may have if Architect is in
default, including the right to bring legal action for damages or to force specific performance of this Agreement.
10
1.3.9 PAYMENTS TO ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of Architect's statement of services. No deductions shall be made from Architect's compensation on account
of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in
the Work other than those for which Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses. in an amount not to exceed $10,000.00, are Included in the not -to -exceed sum for
compensation for Architect's services and include expenses incurred by Architect and Architect's employees and
consultants directly related to the Project, as identified in the following clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service;
.4 renderings, models and mock ups requested by Owner;
.5 reimbursable expenses as designated in Paragraph 1.5.5.;
.6 other similar direct Project -related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on
the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to Owner or Owner's authorized
representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of Architect's personnel engaged on the Project and the
portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes
and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar
contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between
Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the
documents listed below.
1.4.1,1 Standard Form of Agreement between Owner and Architect with Standard Form of Architect's Services, AIA
Document B141-1997. as herein amended.
1.4.1.2 Other documents as follows:
"Supplemental Agreement No. I" supplementing Standard Form of Agreement between Owner and Architect with Standard
Form of Architect's Services, AIA Document 13141-1997.
1.4.2 Special Terns and Conditions. Special terms and conditions that modify this Agreement are as follows:
Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provide that it is a violation of ADA/TAS
to design and construct a facility for first occupancy later than January 26, 1993 that does not meet the accessibility and
usability requirements of the ADA/FAS except where an entity can demonstrate that it is structurally impractical to meet
such requirements. Architect will use its best professional efforts to interpret and meet applicable ADA/TAS requirements
and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
11
ARTICLE 1.5 COMPENSATION
1.5.1 For Architect's services as described herein, compensation shall be computed as follows:
Architect's total compensation for services hereunder shall not exceed the sum of $119.270.00 established herein, including
authorized reimbursable expenses, which sum for reimbursable expenses.
1.5.2 If the services of Architect are changed as described in Subparagraph L3.3.1, Architect's compensation may be
adjusted.
1.5.3 For a Change in Services of Architect's consultants, compensation shall be computed as a multiple of one (1.00)
times the amounts billed to Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5
as Reimbursable Expenses, the compensation shall be computed as a multiple of one ( 1.00) times the expenses incurred by
Architect, and Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as follows: None
1.5.6 The rates and multiples for services of Architect and Architect's consultants as set forth in this Agreement shall be
adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero and No/100 Dollars ($ 0.00) shall be made upon execution of this Agreement and is the
minimum payment under this Agreement. It shall be credited to Owner's account at final payment. Subsequent payments for
services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in
this Agreement.
1.5.8 Payments are due and payable thirty (30) days from the date of Architect's invoice, or not later than the time period
required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to
time at the principal place of business of Architect.
In accordance with the Prompt Payment Act.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
City of Round Rock, Texas KA Hickman Architects & Interior Designers
By: By:
Alan McGraw, Mayor Keith A. Hickman, AIA, CEO and Principal
ATTEST:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
12
PROFESSIONAL SERVICES
CITY OF ROUND ROCK CITY HALL CENTER - 3 STORY BUILDING
ESTIMATION OF ARCHITECTURAL LABOR REQUIREMENTS PER PHASE
(BASED ON $ 1 .5 M CONSTRUCTION VALUE)
KAHIOKMAN ARCHITECTS & INTERIOR DESIGNERS
PROJECT NUMBER: KAH- 1 006 24 MARCH, 2010
PHASE ONE SERVICES - ARCHITECTURAL ONLY
PROGRAMMING SERVICES
STAFF/ROLE HRB/WK # or WKB.
HOURS
Cawr
PRINCIPAL IN CHARGE
2 2
4 $
400.00
DESIGN PRINCIPAL
3
2
PROJECT MANAGER
20
2
_INTERIOR DESIGNER
INTERN ARCHITECT
6 $
40 $
240.00
1,400.00
20 2 40 $ 1,400.00
O
2 0 $
CAD TECHNICIAN D 2 0 $
45 12 90 $ 3,440.00
SCHEMATIC DESIGN
STAFF/ROLE
HRS/WK # or WKS. HouRa COST
PRINCIPAL IN CHARGE
DESIGN PRINCIPAL
PROJECT MANAGER
INTERIOR DESIGNER
INTERN ARCHITECT
2 3 6 $ 600.00
10 3 30 $ 1,200.00
20 3 60 $ 2,100.00
20 3 60 $ 2,100.00
O
CAD TECHNICIAN
3 0 $
50 3 150 $
2,260.00
102 18
DESIGN DEVELOPMENT
306 $ 8,250.00
STAFF/ROLE
HRSAYK # DF WKS* HOURS COST
PRINCIPAL IN CHARGE
DESIGN PRINCIPAL
PROJECT MANAGER
INTERIOR DESIGNER
2 3 6 $ 600.00
10 3 30 $ 1,200.00
25 3 75 $ 2,625.00
INTERN ARCHITECT
25 3 75 $ 2,625.00
O
CAD TECHNICIAN
3 O $
25 3 75 $ 1,125.00
87 18 261 $ 8,175.00
5UE-TOTAL PHASE 1 SERVICES
1 0% PROFIT
1 0% OVERHEAD
TOTAL PHASE 1 ARCHITECTURAL
657 $ 19,865.00
$ 1,986.50
$ 1,986.50
$ 23,838.00
PHASE TWO SERVICES - ARCHITECTURAL ONLY
CONSTRUCTION DOCUMENTS
STAFF/ROLE
HRB/WK # OF WKS.
HOURS
PRINCIPAL IN CHARGE
1 6
DESIGN PRINCIPAL
4
6
PROJECT MANAGER
INTERIOR DESIGNER
6 $
24 $
20 6 120 $
20
INTERN ARCHITECT
50
CAD TECHNICIAN
50
6 120 $
6 300 $
6 300 $
COST
600.00
960.00
4,200.00
4,200.00
6,750.00
4,500.00
145
BID AND NEGOTIATION
36
870 $
21,210.00
STAFF/ROLE
Hies/WK # OF WKS.
HOURS
PRINCIPAL IN CHARGE
4
PROJECT MANAGER
5
4
4
20
COST
400.00
INTERIOR DESIGNER
10 4
40 $
700.00
1,400.00
16
CONSTRUCTION ADMINISTRATION
12
64 $
2,500.00
STAFF/ROLE HRS/WK # OF WKS.
HOURS
PRINCIPAL IN CHARGE
1 48
PROJECT MANAGER
1.5
48
INTERIOR DESIGNER
1.5 48
INTERN ARCHITECT
1.5 48
CAD TECHNICIAN
2 48
48 $
72 $
72 $
72 $
96 $
0087
4,800.00
2,520.00
2,520.00
1,620.00
1,440.00
7.5 240
360 $
1 2,900.00
SUB -TOTAL. PHASE II SERVICES
1 0% PROFIT
10% OVERHEAD
TOTAL PHASE ONE ARCHITECTURAL FEES
TOTAL PHASE TWO ARCHITECTURAL FEES
STRUCTURAL ENGINEER FEES
MECH/ELEC/PLUMB ENGINEERING FEES
ROOFING CONSULTANT FEES
REIMBURBEABLES
TOTAL PROFESSIONAL FEES
1294
$ 36,61E1.00
$
3,661.00
$
3,661.00
43,932.00
$ 23,838.00
$ 43,932.00
9,000.00
$ 17,500.00
$ 15,000.00
10,000.00
$ 119,270.00
HOURLY RATES - RAW COSTS (INCLUDES BENEIFITS)
PRINCIPAL IN CHARGE
DEEION PRINCIPAL.
PROJECT MANAGER
INTERIOR DEBII3NER
INTERN ARCHITECT
CAD TECHNICIAN
PROFIT Sc OVERHEAD
PROFIT
OVERHEAD
$ 100.00 PER HOUR
• 40.00 PER HOUR
• 35.00 PER HOUR
• 35.00 PER HOUR
• 22.50 PER HOUR
• 1 5.00 PER HOUR
10%
1 0%
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 1061.
Ci Council A: enda Summary Sheet
Agenda Caption:
Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement
with KA Hickman Architects & Interior Design for the remodel of the City Hall Building
located at 221 E. Main Street.
Meeting Date: April 22, 2010
Department: Engineering and Development Services
Staff Person making presentation:
Item Summary:
This agreement provides for professional services for assessment phase of existing three story City Hall Building
located at 221 East Main Street.
Strategic Plan Relevance:
20.0 Build and maintain the facilities needed to make the City attractive to businesses.
Cost: $119,270.00
Source of Funds: GO Bonds & General Self Finance
Date of Public Hearing (if required): N/A
Recommended Action: Staff recommends approval
EXECUTED
DOCUMENT
FOLLOWS
City of Round Rock Agreement
for Architectural Services for
Existing City Hall Remodel Project
with KA Hickman Architects & Interior Designers
Based upon AIA Document B141 -1997
1997 Edition - Electronic Format
Standard Form of Agreement between Owner and Architect
AGREEMENT made as of thentn (R ) day of the month of Apr. 1 in the year Two Thousand Tet.
BETWEEN the Architect's client identified as the City or the Owner:
City of Round Rock
221 East Main Street
Round Rock, Williamson and Travis Counties, Texas 78664
and the Architect:
KA l lickntan Architects & Interior Designers
1517 East Palm Valley 13oulevard
Round Rock, Texas 78664
For the following Project:
Professional architectural services and interior design services related to the following: remodel of currently -occupied City Hall
building located at 221 East Main Street in downtown Round Rock, Texas, consisting generally of remodeling the existing three-
story building including GIS Department. Mayor's office space, Councilmembers' work area, City Council Chambers. City
Manager's/administration staff office space, Communications Department, first -floor reception desk arca, and bathrooms on all
floors. Additionally, the building roof and HVAC system will be evaluated for possible replacement/reconfiguration.
Professional services for this Project shall include but not be limited to Phase One Services (Architectural Only) consisting of
Programming Services, Schematic Design, and Design Development, and Phase Two Services (Architectural Only) consisting of
Construction Documents, Bid and Negotiation. and Construction Administration.
Owner and Architect agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
L1.1 This Agreement is based on the following information and assumptions.
Architect shall furnish the delineated services, including but not limited to meeting with Owner representatives and others
designated by Ownerto determine needs and requirements; rendering professional consultation and advice; furnishing all
necessary contracted services for the referenced Project; and providing other specialized services.
Architectural services shall include the submittal of Plans for Texas Accessibility Standards (TAS) review, which is a
requirement of federal law to comply with the ADA if the construction budget exceeds $50,000.
1.1.2 PROJECT PARAIIIETERS
1.1.2.1 The objective or use is:
188867/j kg
f2.40-04---2.--
Avg
The Project consists of professional planning, design, and construction administration services related to the remodel of
portions of the interior of the existing City Hall building.
1.1.2.2 The physical parameters are:
The Existin C
Hall Remodel Pro t is located on Cit = )rosert located at 221 East Main Street Round Rock Texas.
1.1.2.3 The Owner's Program is:
Architect shall provide the following specific services:
1. GIS Department: Provide permanent space for 7-8 persons.
2. Mayor's office space: Relocate from Library to existing City Hall,_preferably on first floor of existing City hall
building or in designated 800 sf lease space in Business Center.
3. Councilmembers' work area: Provide space for limited numbers of councilnembers to have computer access and
periodically perform work (maximum 3-4 persons at any one time).
4. City Council Chambers: Evaluate and design improvements including (a) removing rows of fixed seating at front and
replacing with tables/chairs for staff to better work from materials, (b) improving project area for presentations (c)
improving lectern used by staff and citizens in addressing Council. and (d) improving communications/audio visual
area at rear of Council Chambers,
5. Cit Mana' cr.'s/administration staff office s s ace: Redesi n third -floor s.ace for Cit ' Mana er/staff , fli - , nference
areas (projection equipment),_ break-out area, work areas, copier area, evaluate the desirability of a fire -proof storage
vault, and the like. Additionally, review programming from Policy Center and incorporate into existing building.
6. Communications Department: Evaluate and design improvements to areas currently occupied by Will Hampton and
Brooks Bennett. including evaluating the desirability of relocating equipment currently in Bennett's area to second -
floor Data Center.
7. First -floor reception desk area: Evaluate and suggest improvements to the existing space.
8. All bathrooms: Remodel.
9. Building roof: Evaluate for possible replacement.
10. HVAC: Evaluate for possible improvements or reconfigurations, particularly with regard to split systems v. package
units (note completed improvements to Data Center with work stations that will not be moving, and first -floor Water
Billing Department that will not be moving but may benefit from minor improvements to these areas).
11. Walkway to parking garage: Evaluate feasibility and possible construction of covered walkway from second floor of
City Hall to parkinggarage.
12. Water Billing Department: Evaluate space presently occupied to determine needs.
13. IT, Finance, GIS Departments: Review programming, with IT Data Center to remain on second floor.
14. Break rooms: Provide adequate break rooms for both buildings, to include microwaves and refrigerators.
15. Projections: Determine if Business Center and City Hall buildings, with new programming will meet city needs for the
ensuing five, ten and twenty years_
16. Miscellaneous: Handle other items as identified within the original programming documents previously completed by
Architect.
The program of development shall include but not be limited to the following element The parties agree that elements may
be omitted by Owner in order to meet the Project budget:
Schematic Design
•
•
•
•
•
Review with Owner approaches to design and construction of Project,
Based upon the mutually agreed-upon program, schedule, and construction budget requirements, prepare
Schematic Design Documents (including but not limited to drawings and other documents illustrating the
scale and relationship of Project components). and submit sante for Owner's approval.
Provide Owner with a preliminary estimate of Probable Construction Cost based on Schematic Design
Documents and current arca, volume, or similar conceptual estimating techniques,
Deliverables include conceptual sketches and illustrations; Schematic Design drawings of buildings and site;
interior layouts: narrative descriptions and/or schematic representations of Architectural, Landscape, Civil•
Structural, AN, Data/Com, Security/Access Control, FFE, MEP systems: statement of Probable Construction
Cost.
Attend Owner review meeting(s) with designated representative.
2
Design Development
•
•
•
•
Participate with Owner on design review, make adjustments to Schematic Design Documents based on
Owner review comments. Note that if there is a significant adjustment of Project scope and/or budget, the
Project fee may also be subject to adjustment.
Dosed upon the approved Schematic Design Documents and any adjustments authorized by Owner in the
program. schedule, or construction budget, prepare Design Development Documents (including but not
limited to drawings and other documents) to fix and describe the size and character of the Project as to
disciplines of architectural, structural, MEP systems. materials and such other elements as may be
appropriate, and submit sane for Owner's approval.
Advise Owner of any adjustments to the preliminary estimate of Probable Construction Cost. and provide
statement of Probable Construction Cost based on Design Development Documents.
Der verab -s include De i ° n D • vel. n - i D. n - n far r iii s 1. I chlin - in 1 I in Iraw'I • , i i
of specifications, and updated statement of Probable Construction Cost,
Attend Owner review meeting(s) with designated representative.
Construction Doeuments Phase
•
•
•
•
Based on the approved Design Development Documents and any further adjustments in scope or quality of
the Project or in the construction budget authorized by Owners prepare Construction Documents (including
but not Limited to Drawings and Specifications) setting forth in detail the regyiretnents for construction of the
Project, and submit same for Owner's approval.
Assist Owner in preparation of necessary bidding information, bidding forms, Conditions of the Contract
including general,special, and supplementary, the form of agreement between Owner and Contractor, and
related documents.
Deliverables include bidding forms, Conditions of the Contract including general, special, and
supplementary, the form of agreement between Owner and Contractor. and related documents,
Attend Owner review meeting(s) with designated representative.
Bid and Negotiation Phase
•
Following Owner's approval of the Construction Documents and of the latest estimate of Construction Cost,
assist Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing contracts for
construction.
Contract Administration Services
• As delineated in Supplemental Agreement No. 1 accompanying this Agreement.
SCHEDULE
Proposed schedule for the Project is as follows;
Phase or Action
Programming Services
Schematic Design
Design Development
Construction Documents
Bid & Negotiation
Construction Administration
02 weeks = 10 days
03 weeks = 15 days
03 weeks = 15 days
06 weeks = 30 days
04 weeks = 20 days
48 weeks = 240 days
Total Maximum Duration 66 weeks = 330 days
Architect will maintain project schedule in a format acceptable to City throughout the duration of the Project.
3
1.1,2.4 The legal parameters are:
Not applicable.
1.1.2.5 The financial parameters are as follows:
1. The Fee Schedule relative to this Agreement is as follows:
A Professional Services
City agrees to pay Architect a total sum not to exceed One Hundred Nineteen Thousand Two Hundred Seventy
and No/100 Dollars ($119,270.00). Said sum is a fixed not -to -exceed amount, and shall be paid as delineated in
the attached Exhibit "A" which is incorporated herein by reference for all purposes. Such not -to -exceed sum
includes amounts paid for Architect's services, structural engineer's fees, MEP engineering fees roofing
consultant's fees, and reimbursable expenses.
B. Reimbursable Expenses
Payment for reimbursable expenses, including administrative charges and out-of-pocket expenses, shall not exceed
the maximum stun of Ten Thousand and No/100 Dollars ($10,000.00). Such reimbursable expenses are included
within the not -to -exceed total fee recited herein.
Allowable reimbursable expenses within the not -to -exceed amount may include the following:
Reprographic and plotting of documents for other than Architect's own in-house use;
Shipping, mailing and delivery expenses for other than Architect's own in-house use;
Additional subconsultants, if requested by City;
Other disbursements or agency fees made on behalf of City;
Out-of-town travel, lodging, meals associated with the Project; and
Long distance telephone and teleconference expenses.
Not -to -exceed Total Payment for Professional Services and Reimbursable Expenses Payable Hereunder: Unless
subsequently changed by Supplemental Agreement hereto, Architect's total compensation for services and reimbursables
hereunder shall not exceed $119,270.00. Such amount represents the absolute limit of City's liability to Architect unless
same shall be changed by additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -
exceed sums recited herein, Architect's professional fees and reimbursable expenses for work done on behalf of City. No
deductions shall be made for Architect's compensation on account of penalty, liquidated damages or other sums withheld
from payments to Architect. No additions shall be made to Architect's compensation based on Project claims, whether paid
by City or denied,
Additional Services: Additional services are defined as any services not listed as a basic service including revisions to
previously -approved plans that necessitate additional work for Architect, substantive changes in Project scope, or additional
work necessitated by unknown or reasonably unforeseen circumstances. The parties expressly agree that such additional
services, if directed by Owner, would be perforated under a supplemental agreement negotiated at a time subsequent to this
Agreement.
Professional renderings or models are not included herein as a basic service, but may be requested as an additional
service.
Submittals with applications to agencies with jurisdiction (i.e. TCEO, City) are included as a basic service.
1.1.2.6 The time parameters are:
Services hereunder shall commence immediately upon receipt by Architect of this fully -executed Agreement. Completion
shall be not later than 330 days thereafter. Other time p trameters or adjustments to time parameters may be determined at a
later date by mutual agreement of the parties.
4
1.1.2,7 The proposed procurement or delivery method for the Project is:
Professional services such as architectural/planning will be engaged by negotiated contract. Ttic general contractor for
construction will be selected by competitive bidding or other statutorily -allowed alternate delivery method.
1.1.2.8 Other parameters are:
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
James R. Nuse P.C.
City Manager
City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Larry Madsen
Construction Manager, Engineering and Development Services Department
City of Round Rock
2008 Enterprise Drive
Round Rock, Texas 78664
Telephone Number (512) 218-5552
Facsimile Number (512) 218-5563
Email Address: larrym@round-rock.tx.us
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representatives, who are required to review the
Architect's submittals to the Owner are:
Not designated at this time.
1.1.3.3 The Owner's consultants and contractors are:
Architects of Record : KA Hickman Architects & Interior Designers: Keith A. Hickman, AIA. CEO and Principal
1.1.3.4 The Architect's Designated Representative is:
Keith A. Hickman AIA, CEO and Principal
KA Hickman Architects & Interior Designers
1517 East Palm Valley Boulevard
Round Rock, Texas 78664
Telephone Number (5 12) 917-6620
Facsimile Number (512) 388-1843
Email Address: keith@kaharchitects.com
kaharcbitects.cont
1.1.3.5 The consultants retained at the Architect's expense are:
Upon execution of this Agreement, Architect agrees that it will submit to City within ten (10) days a list of all additional
consultants it intends to utilize, not _previously identified in Architect's proposal delineating their respective tasks. All of
Architect's consultants shall be subject to the approval of City, and City reserves the right to reject any consultant.
1.1.4 Other important initial information is:
Not applicable.
5
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the
Contract for Constriction shall be the edition of AIA Document A20I as modified between Owner and Contractor. Duties,
responsibilities and limitations of authority of Architect shall not be restricted, modified or extended without written
agreement of Owner and Architect with consent of Contractor, which consent shall not be unreasonably withheld. Architect
consents to the modifications of AiA Document A201, General Conditions of the Contract for Construction, between Owner
and Contractor.
1.1.6 The information contained in this Article I.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation.
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and
Chanin Servi s shall be effected onl ' b Su +lemcntal A'reernent hereto. An ' such Su lemental A'reernent to this
Agreement must be duly authorized by appropriate City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 Owner and Architect shall fully cooperate with one another to fulfill all of their respective obligations required
under this Agreement. Both parties shall endeavor during the full term hereof to maintain good working relationships
among all members of the Project team.
1,2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, Owner shall provide full information in a timely manner
regarding requirements for and limitations on the Project. Owner shall furnish to the Architect, within fifteen (15) days after
receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien
rights.
1.2.2. Owner shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work, Owner's other costs, and reasonable contingencies related to all costs.
1.2.2.3 Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf
with respect to the Project. Owner or Owner's Designated Representative shall render decisions in a timely manner
pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential
progress of Architect's services.
1.2.2.4 Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by Architect and are reasonably required
by the scope of the Project and are approved by Owner.
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing,, Owner shall furnish or pay for tests,
inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests
for air and water pollution, and tests for hazardous materials.
1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be
reasonably necessary at any time for the Project to meet Owner's needs and interests.
1,2.2.7 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in Architect's Instruments of Service.
1,2.2.8 Owner will furnish building permits without charge. Electrical, plumbing and oilier trade permits will be the
responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by Owner and are
not to be included by Architect in the specifications for the Project. however, Owner agrees to reimburse Architect the
actual costs of review fees associated with Texas Building Accessibility reviews.
1.2.2.9 Owner will provide Architect with miscellaneous items such as the Project Facility Program, two (2) copies of the
City of Round Rock General and Supplementary Conditions for Building Construction, instructions to Bidders, Proposal
6
Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may
be necessary and practicable for the orderly and expeditious progress of' the work and the awarding of the construction
contract. To the extent practicable, these documents shall be utilized in the preparation of the construction documents.
1.2.2.10 Owner will provide timely review and response to inquiries in order to maintain an orderly progression.
1.2.2.11 Owner will furnish relevant design standards and Owner -furnished equipment specifications.
1.2.2.12 Owner will self -perform the followic
1. Asbestos Abatement
2. Drawings of adjacent properties for use by Architect
3. Security consulting. if required
4. Environmental studies
5. Zoning and variances. if required
6. Government fees for applications. approvals. and permits
7. Construction Phase materials testing
1.2,3 ARCHITECT
1.2.3.1 Tlie services performed by Architect, Architect's employees and Architect's consultants shall be as enumerated in
Article 1.4 and as enumerated elsewhere herein, in attached and accompanying docuntentsjn supplemental documents, and
in related documents.
1.2.3.2 Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. Architect shall submit for Owner's approval a schedule for the performance of Architect's
services which initially shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which may be
adjusted, if necessary and approved by Owner, as the Project proceeds. This schedule shall include allowances for periods of •
time required for Owner's review, for the performance of Owner's consultants, and for approval of submissions by
authorities having jurisdiction over the Project. Time limits established by this schedule approved by Owner shall not,
except for reasonable cause, be exceeded by Architect or Owner.
1.2.3.3 Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on Architect's behalf
with respect to the Project.
1,2.3.4 Architect shall maintain the confidentiality of information specifically designated as confidential by Owner, unless
withholding such information would violate the law, create the risk of significant harm to the public or prevent Architect
from establishing a claim or defense in an adjudicatory proceeding. Architect shall require of Architect's consultants similar
agreements to maintain the confidentiality of information specifically designated as confidential by Owner.
1.2.3.5 Except with Owner's knowledge and consent, Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise Architect's professional judgment with
respect to this Project.
1.2.3.6 Architect shall review laws, codes, and regulations applicable to Architect's services. Architect shall respond in the
design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by Owner. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to
Owner of all elements of the Project designed by Architect.
7
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by
Owner and equipment designed, specified, selected or specially provided for by Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or contractor, for
Contractor's overhead and profit.
1.3.1.3 The Cost of the Work does not include the compensation of Architect and Architect's consultants, the costs of the
land, rights-of-way and financing or other costs that arc the responsibility of Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by Architect's and
Architect's consultants arc Instruments of Service for use solely with respect to this Project. All Architect's designs and
work product under this Agreement, including but not limited to Tracings, Drawings, Estimates, Specifications,
Invest' ations. Studies and other documents shall be the ro . ert of Owner to be used as Owner desires. b ' execution of
this Agreement and in confirmation of the fee for services to be paid under this Agreement, Architect hereby conveys,
transfers and assigns to Owner all rights under the Federal Copyright Act of 1976 for any successor copyright statute), as
amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs
and work product developed under this Agreement. Copies may be retained by Architect. Architect shall be liable to Owner
for any loss or damage to any such documents while they are in the possession of or while being worked upon by Architect
or anyone connected with Architect, including agents, employees, consultants or subcontractors. All documents so lost or
damaged shall be replaced or restored by Architect without cost to Owner.
1.3.2.2 Upon execution of this Agreement, Architect grants to Owner permission to reproduce the Architect's Instruments
of Service for purposes of constructing, using and maintaining the Project, provided that Owner shall comply with all
obligations, including prompt payment of all suns when due, under this Agreement. Architect shall obtain similar
permission from Architect's consultants consistent with this Agreement. If and upon the date Architect is adjudged in
default of this Agreement, Owner is permitted to authorize other similarly credentialed design professionals to reproduce
and, where permitted by law, to make changes, corrections or additions to the Instruments of Service for the purposes of
completing, using and maintaining the Project.
1.3.2.3 Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another
party without the prior written agreement of Architect. However, Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instnnnents
of Service appropriate to and for use in their execution of the Work. Submission or distribution of instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized
use of the instruments of Service shall be at Owner's sole risk and without liability to Architect and Architect's consultants.
1.3.2.4 Prior to Architect providing to Owner any Instruments of Service in electronic form or Owner providing to
Architect any electronic data for incorporation into the Instruments of Service, Owner and Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Architect to Owner for approval on a minimum 24 -inch
by 36 -inch or maximum 32 -inch by 42 -inch drafting sheet, with all lettering processed in ink or pencil and clearly legible
when the sheets are reproduced and reduced to half size,
1.3.2.6 Upon completion of the construction of the Project, Architect shall, within thirty X30) calendar days following
final inspection. deliver to Owner the reproducible Record Drawings and Record Specifications as described supplementaliy
herein. In addition, Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual as -built
conditions as provided by the General Contractor.
1.3.2.7 Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by the
architect making that change and shall be appropriately marked to reflect what was changed or modified, To the extent
permitted by law, Owner agrees to indemnil\',_defend and hold harmless Architect for any claims, damages, suits and loss of
every kind and nature for the unauthorized re -use of Architect's Instruments of Service.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of Architect, including services required of Architect's consultants, may be accomplished after
execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly understood
and agreed by and between the parties hereto that any alteration in schedules compensation and Change in Services shall be
effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly
authorized by appropriate City Council or City Manager action. It is expressly agreed by the parties that, as to services
hereunder, the total sum of $119,270.00 including authorized reimbursable expenses shall represent the absolute limit of
Owner's liability to Architect unless same shall be changed by Supplemental Agreement hereto.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other natter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of Architect's services, Architect may proceed in
accordance with applicable law to comply with lien notice or filing deadlines prior to resolution of the natter by mediation.
1.3.4.2 Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between then by
mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall
proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from
the date of filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place
where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having, jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect arising out
of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state
arbitration statute, except that in the event that Owner is subject to an arbitration proceeding related to the Project, Architect
consents to be joined in the arbitration proceeding if Architect's presence is required or requested by Owner for complete
relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of
or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination in accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,
Texas.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AiA Document A201, General
Conditions of the Contract for Construction, as modified between Owner and Contractor.
1.3.7,3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial
Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate
for Payment for acts or failures to act occurring after Substantial Completion. in no event shall such statutes of limitations
commence to run any later than the date when the Architect's services are substantially completed.
1.3.7.4 '10 the extent damages are covered by property insurance during construction, 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
9
as they may have to the proceeds of such insurance as set forth in the edition of A1A Document A201, General Conditions of
the Contract for Construction, as modified between Owner and Contractor. Owner or Architect, as appropriate, shall require
of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated
herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a
third party against either Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, Architect and Architect's consultants shall have no responsibility for
the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances
in any form at the Project site.
1.3.7.7 Architect shall have the right to include photographic or artistic representations of the design of the Project among
Architect's promotional and professional materials. Architect shall be given reasonable access to the completed Project to
make such representations. However, Architect's materials shall not include Owner's confidential or proprietary information
if Owner has previously advised Architect in writing of the specific information considered by Owner to be confidential or
proprietary. Owner shall provide professional credit for Architect in Owner's promotional materials for the Project.
1,3,7.8 If Owner requests Architect to execute certificates, the proposed language of such certificates shall be submitted to
Architect for review at least fourteen (14) days prior to the requested dates of execution. Architect shall not be required to
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to
the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with
respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written
consent of the other, except that Owner may assign this Agreement to an institutional lender providing financing for the
Project. In such event, the lender shall assume Owner's rights and obligations under this Agreement. Architect shall execute
all consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 if Owner fails to make payments to Architect in substantial compliance with this Agreement, such failure may be
considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If
Architect elects to suspend services, prior to suspension of services, Architect shall give fifteen (15) days' written notice to
Owner. In the event of a suspension of services, Architect shall have no liability to Owner for delay or damage caused
Owner because of such suspension of services. Before resuming services, Architect shall be paid all non -disputed sums
due prior to suspension. Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 In connection witli the work outlined in this Agreement, it is agreed and fully understood by Architect that Owner
may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience
of Owner, upon fifteen (15) days' written notice to Architect, with the understanding that immediately upon receipt of said
notice all work and labor being performed under this Agreement shall cease. Architect shall invoice Owner for all work
satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work
accompjished jrior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys, maps, cross sections and other data, designs. and work related to the Project shall become the property of Owner
upon termination of this Agreement, and shall bep o, per delivered to Owner in a reasonably organized form without
restriction on future use. Should Owner subsequently contract with a new architect for continuation of services on the
Project. Architect shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pay for any work which is
unsatisfactory as determined by Owner's representative or which is not submitted in compliance with the terms of this
Agreement. Owner shall not be required to make any payments to Architect when Architect is in default under this
contract, nor shall this section constitute a waiver of any right, at law or at equity. which Owner niay have if Architect is in
default, including the right to bring legal action for damages or to force specific performance of this Agreement.
10
1.3.9 PAYMENTS TO ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon
presentation of Architect's statement of services. No deductions shall be made from Architect's compensation on account
of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in
the Work other than those for which Architect has been adjudged to be liable.
1.3.9.2 Reimbursable Expenses. in an amount not to exceed $10,000.00, are included in the not -to -exceed sum for
compensation for Architect's services and include expenses incurred by Architect and Architect's employees and
consultants directly related to the Project, as identified in the following clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic
communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service;
.4 renderings, models and mock ups requested by Owner;
.5 reimbursable expenses as designated in Paragraph 1.5.5.;
.6 other similar direct Project -related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on
the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to Owner or Owner's authorized
representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of Architect's personnel engaged on the Project and the
portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes
and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar
contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between
Owner and Architect and supersedes alt prior negotiations, representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by both Owner and Architect, This Agreement comprises the
documents listed below.
1,4.1.1 Standard Form of Agreement between Owner and Architect with Standard Form of Architect's Services, AIA
Document B141-1997, as herein amended.
1.4.1.2 Other documents as follows:
"Supplemental Agreement No. 1" supplementing Standard Form of Agreement between Owner and Architect with Standard
Form of Architect's Services, AIA Document 13141-1997.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provide that it is a violation of ADA/TAS
to design and construct a facility for first occupancy later than January 26, 1993 that does not meet the accessibility and
usability requirements of the ADAffAS except where an entity can demonstrate that it is structurally impractical to meet
such requirements. Architect will use its best professional efforts to interpret and meet applicable ADA/TAS requirements
and other federal state and local laws, rules, codes, ordinances and regulations as they apply to the Project.
11
ARTICLE 1.5 COMPENSATION
1.5.1 For Architect's services as described herein, compensation shall be computed as follows:
Architect's total compensation for services hereunder shall not exceed the sum of $119,270.00 established herein, including
authorized reimbursable expenses, which sum for reimbursable expenses.
1.5.2 If the services of Architect are changed as described in Subparagraph 1.3.3.1, Architect's compensation may be
adjusted.
1.5.3 For a Change in Services of Architect's consultants, compensation shall be computed as a multiple of one (1. 00)
times the amounts billed to Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5
as Reimbursable Expenses, the compensation shall be computed as a multiple of one ( 1.00 ) tunes the expenses incurred by
Architect, and Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses, if any, are as tallows: None
1.5.6 The rates and multiples for services of Architect and Architect's consultants as set forth in this Agreement shall be
adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero and No/100 Dollars ($ 0.00) shall be made upon execution of this Agreement and is the
minimum payment under this Agreement. It shall be credited to Owner's account at final payment. Subsequent payments for
services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in
this Agreement.
1.5.8 Payments are due and payable thirty (30) days from the date of Architect's invoice, or not later than the time period
required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty (60) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to
time at the principal place of business of Architect.
In accordance with the Prompt Payment Act.
This Agreement entered into as of the day and year first written above.
OWNER
City of Round Rock, Texas
By:
Alan McGraw, Mayor
ATTEST:
•
Sara L. White, City Secretary
FOR Y, APPRO ED AS TO FORI'.,i
Stephar
L. Sheets, City Attorney
ARCHITECT
KA Hickman Architects & Interior Designers
12
Keith A. Hickman, AIA, CEO and Principal
PROFESSIONAL SERVICES
CITY OF ROUND ROCK CITY HALL CENTER - 3 STORY BUILDING
ESTIMATION OF ARCHITECTURAL LABOR REQUIREMENTS PER PHASE
KAHICKMAN ARCHITECTS & INTERIOR DESIGNERS
PROJECT NUMBER: KAH- 1 ❑06 24 MARCH, 2010
(BASED ON $1.5 M CONSTRUCTION VALUE)
PHASE EINE SERVICES - ARCHITECTURAL ONLY
PROGRAMMING SERVICES
STAFF/ROLE HRB/WK # OF WKS.
HouRU
PRINCIPAL IN CHARGE
2 2
DESIGN PRINCIPAL
3
2
PROJECT MANAGE=R
20
_INTERIOR DESIGNER
20
INTERN ARCHITECT
0
SCHEMATIC DESIGN
4 $
6 $
2 40 $
COST
400.00
240.00
1,400.00
2 40 $ 1,400.00
2 0 $
CAD TECHNICIAN 0 2 0 $
45 12 90 $ 3,440.00
STAFF/ROLE
PRINCIPAL IN CHARGE
HRSIWK # OF WKIi. HOURS COST
DESIGN PRINCIPAL
PROJECT MANAGER
INTERIOR DESIGNER
INTERN ARCHITECT
2 3 6 $ 600.00
10 3 30 $ 1,200.00
20 3 60 $ 2,100.00
20 3 60 $ 2,100.00
O
3 0 $
GAD TECHNIcrAN 50 3 1 S❑ $ 2,250.00
102 18
DESIGN DEVELOPMENT
306 $ 8,25❑.❑❑
8TAFF/ROLE HR8/WK # DF WKS.
Houma
PRINCIPAL 1N CHARGE
2
DESII3N PRINCIPAL
10
PROJECT MANAGER
25
INTERIOR DESIGNER
25
INTERN ARCHITECT
O
CAD TECHNICIAN 25
3 6 $
3 30 $
3 75 $
3 75 $
3 0 $
a
COST
600.0❑
1,200.00
2,625.00
2,625.00
75 $ 1,125.❑❑
87 18 261 $ 8,175.00
SUE -TOTAL PHASE 1 SERVICES
10% PROFIT
1O% OVERHEAD
TOTAL PHASE 1 ARCHITECTURAL
657 $ 19,865.00
$ 1,986.50
$ 1,986.50
$ 23,938.00
PHASE TWO SERVICES - ARCHITECTURAL ONLY
CONSTRUCTION DOCUMENTS
STAFF/ROLE HRB/WK # OF WKS.
H D LI R H
PRINCIPAL IN CHARGE 1
6
DESIGN PRINCIPAL 4
6
PROJECT MANAGER 20
6
INTERIOR DESIGNER 20
INTERN ARCHITECT 50
CAD TECHNICIAN 50
BID AND NEGOTIATION
6 $
24 $
120 $
6 120 $
6 300 $
6 300 $
145 36
870 $
[DST
600.00
960.00
4,200.00
4,200.00
6,750.130
4,500.00
21,210.00
STAFF/RDLE HRS/WK # or WK6.
HOURS
PRINCIPAL IN CHARGE 1
4
PROJECT MANAGER 5
4
INTERIOR DESIGNER 10
4
16 12
CONSTRUCTION ADMINISTRATION
4 $
20 $
40 $
64 $
COST
400.00
700.00
1,400.00
2,500.00
STAFF/ROLE HR8/WIC # DF WK8.
HOURS
PRINCIPAL IN CHARGE
1 48
PROJECT MANAGER
INTERIOR DESIGNER
1.5 48
1.5 48
INTERN ARCHITECT
1.5 48
CAD TECHNICIAN
2 48
7.5 240
48 $
72 $
COST
4,000.00
2,520.00
72 $
72 $
96 $
360 $
2,520.0[7
1,620.00
1,440.00
1 2,900.00
SUB -TOTAL PHASE 11 SERVICES
1 U% PROFIT
10% OVERHEAD
TOTAL PHASE ONE ARCHITECTURAL FEES
TOTAL PHASE TWO ARCHITECTURAL FEES
STRUCTURAL ENGINEER FEES
MECH/ELEC/PLUMB ENGINEERING FEES
ROOFING CONSULTANT FEES
REIM9UR9EA6LES
TOTAL PROFESSIONAL FEES
1294
36,61 0.00
3,661.00
3,661.00
43,932.0D
• 23,838.00
• 43,932.00
9,000.00
$ 17,500.00
$ 15,000.00
• 10,000.00
$
119,270.00 I
HOURLY RATES - RAW COSTS (INCLUDES SENEIFITS)
PRINCIPAL IN CHARGE
DESIGN PRINCIPAL
PROJECT MANAGER
INTERIOR DESIGNER
INTERN ARCHITECT
CAD TECHNICIAN
PROFIT Sc OVERHEAD
$ I 00.00 PER HOUR
$ 40.00 PER HOUR
$ 35.00 PER HOUR
$ 35.00 PER HOUR
$ 22.50 PER HOUR
$ 15.00 PER HOUR
PROFIT
OVERHEAD
1 0%
10%
COR,OCALS-, Temp \ MIX,