R-12-01-12-10F5 - 1/12/2012 RESOLUTION NO. R-12-01-12-10F5
WHEREAS, the City of Round Rock desires to retain professional architectural and design
services related to the Rabb House Redevelopment Project, and
WHEREAS, KA Hickman Architects & Interior Designers has submitted a Standard Form of
Agreement Between Owner and Architect ("Agreement") and Supplemental Agreement No. 1 to
provide said services, and
WHEREAS, the City Council desires to enter into said Agreement and Supplemental
Agreement No. 1 with KA Hickman Architects & Interior Designers,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Architectural Services for the Rabb House Redevelopment Project with KA Hickman
Architects & Interior Designers and Supplemental Agreement No. 1, 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 12th day of January, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
0.\wdox\SCC1nts\0112\1204\MUNICIPAL\00240609.DOCrmc
EXHIBIT
„A„
z
City of Round Rock Agreement for Architectural Services for
Rabb House Redevelopment Project
with KA Hickman Architects & Interior Desioners
Based upon AIA Document B141-1997
1997 Edition-Electronic Format
Standard Form of Agreement between Owner and Architect
AGREEMENT made as of the LJ day of the month of in the year Two Thousand Eleven.
BETWEEN the Architect's client identified as the City or the Owner:
City of Round Rock
221 Past Main Strect
Round Rock.Williamson and Travis Counties.Texas 78664
and the Architect:
KA Hickman Architects&Interior Designers
1517 East Palm Valky Boulevard
Round Rock.Texas 78664
For the following Project:
Professional architectural services and interior design services related to the redevelopment design of the Rabb House. a
community rental/event facility located in Rabb park.containing anjpproximately 3-000-4.000 rAuare foot event room to hold a
variety of community events:said Proiect to also include integration of the building into the site,dcdW of outdoor event apma
d associated civilutilities
Professional services for this Protect shall include,but not be limited to.Data Collection mW Programming.Schematic Design,
Design Development, Construction Documents. Bidding,and Construction Observation. Architect shall be the Architect gf
Record.and shall be in charge of coordination of other consultants.
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 ronresentatives and others
desiguAW by Owner to determine needs and requirements:rendering gMiessional consultation aW advice: furnishing all
necessary contracted services for the referenced Project:and providing other agcdolized services.
Architectural services shall include the submittal of plans for Texas Accessibility Standards {TASI 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:
The Project consists of professional plannin design,and construction administration services related to the rcdevelgpM=
design of the Rabb House,a community rental/event fwjli y located in Rabb Park.containingan=proximately 3.000-4.000
square foot event room to hold a variety of community events:said Project to also include integration of the building into
the site,design of outdoor event spaces,and associated civil KW landscape architectural improvements such as utilities and
sidewalks.
238597/jkg
L I 1 !I% 1'' • I �' Lh vl • _ • •h�_ r: 1 r t .G. r I rlr 1, -1 ll
i i ,!1 I :• YJ • SI_ r 1._1!11 - • r•��r: .• 7 I.Y 411 r r 1 I
]21 411, 1 • jf 1 1! I 1 .1 4=1 _I 7 1�.. r •1
.lir Li '• .117• '41 �a I 111.71 Ilr, .1L71
• 71. •L� ;)t !i_i1 171 • 4rcr I1-1 t. til
_7 •1 I!111 1 1/ �•
I 1 .1 .
_ (I: .1. I 11 r 1 by � •1.11.-1 •ii 1.1'. I
1 '=1. , Il_i:7f'. k_I i 1r,l ' •r�r •1 t.Y •L r 7
• ll. �. � I I' ! r I' �_ } 1 1x111 • • r
i
:�! 1 1 I r • ht 1^ '_1 _I' 1' '!1 41 �i.L. 11.41. r �. 1 �� 1 ••� r !l �.. \ 1
1 1 1 1 r I 1 t.Y. LI rl 1 '1 .Id 1.1:r r IJ !v r : �, 1 i 11l �_ LY.fl .I f .• 1'
r I I 11 r 1 1M1•A :Il! •„: :S.'! 1 LII 1 l 7_i ! 1! - 1. • �41_'i_I Y •I
-1.,1 711 11 Il 114 :,1rp
1a f1 r r 11.:1L h. I 1 IlUY-IL 1 I, r 11 h1 I T r 1 4ll.71 I 1 _I1i.71.. h4!Y4r l IiY I. r
1 1 r I.. 1L I. ' 4 I ' t •I 17 1L. Iv •r{ r - •r 11 71 I. h•!1.r :I o.L! ,- '
7t YPUM F-77 1. 1'. i111 .MA!:.•J. .1. _i' •7.. !' - 17- 1111 _1 Y L 1 1I ht Y
I I r,_ ems• •,:.� I..
!RM, - Cr 1 •, • rr;r -•1 • r r Ir /1 f r 1 • 1/�. 11 .1
Al.
IJ 1!7 1 LC.r,.t: I I • ! ::•••.'+.r, r r I 1' 1 1.1 ll.� •1 r I I, 1' •111 .L1 I I! I J, 41.iL!:
877r
L I 1 1 4f.. !.h %Lr Y.1 r, .1l I J_�l _L / '13 • 7. 11 7f r- -1 1 1.7 :J. • ae. I I I
l er I•a ��
I r 1!,' t' 4111 I hr 41.' WITMAK-17AMITIMI.,
YJ4r x'111 • !'.1. 1!71 Lti LK_1 1 .11.: E.!r I f f.•Y 1 �_1 I I by 11 1
1 1 1 • V i. ik_.1.'+ :1 SI !M '1J.L :' 7 1
•fll. % __4 hs !.1 r. 1 4i..r -4'4 J r I'!1 •,I 1�r, _. i71 -'t1 • � I
� 1
r 1 /{ 1 1 :.r1r r • I I I'!l. !•I I I�..H,71 :{r L, .il ILi I /1.� -i._r 1 rt,.
:., � 1: Ir.i.11 1' r 1- • I • 1 x11.Ltc`_i_ ' 1 1 ! f. 7. '1.1:y•f I
1! 1'. 1._l�' 141J .1.' L1 t�R. I Z.7 IF 1 1.
Y, :.1 d LII ':1 •L.' r Y•!l 11 1 _ !' _f. I mil 1'. I,}
r i ill'. :.� ! I 1. r I L'Fl 7 ! t�U ! ' .I. •J I.,� 1,, ; I h! / �r 1 r 1 1
1-0 01 11:1
Mwq 1'57 -r .1..71_ 11_ - - li. LLY.t.Y . I C ==M-
'41 - 1 I 11.
r {1
'V r Yri1:1. 41 i!11 1_' Y.. I 1 r ! K/1. R.Y •1 h•1. t�
•Ipl r 11_ :� Ilvl l i 1 • T 1'.�! •i 1 I i1! '_ 'll.! •.1
1 f
I.; 7 I I [c Ir
' 1y/ 'r ht / }- I i / 1 11 r : 1 / / 1' •1 �Y Il�i 1
1.1.2.7 The proposed procurement or delivery method for the Project is:
Professional services such as areltitectuW4planning will be cneagc by negotiated contract The general contractor for
construction will be selected by competitive bidding or other slatutorilMllogymd 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:
CM Mana¢er
QX of Round Rock
221 East Main Street
Round Rock,Texas 78664
David Buzw L RLA.ASLA
Park Develonmemt Manager.Parks and Recreation rtment
City of Round Rock
301 West Beaded
Round Rock Toxas 78664
Telohono Number(512)341-3345
Facsimile Number fS 12)218-5548
Email Address: dbuzzell tri,rourrd-rock,Mus
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representatives,who are required 10 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
Tal one Number(S 12)917-6620
Facsimile Number(512)388-1843
Email Address: keith@kaharcbitects com
1.1.3.3 The consultants retained at the Architect's expense are:
MEP Engineers: Hendrix Consulting Engineers(E=-
Structural Engineers: Winter En 'ngr eerina
Civil Engineers: Hagood Eng:accipg Associates.Inc.
Landscape Architect: Studio 16:19
Note that ADA Consultant Is to be determined.but will not be retained at Architect's expense.
Upon execution of this Agreement. Architect agrees that it will submit to Citx within ter (IQ)days a list of all additional
consultants it intends to utilize,not p vre iously identified in Architect's proposal.delineating their EaMlve tasks. All of
AEghitect's consultants shall be subject to the approval of City.and City reserves the right to reject any consultant.
5
f
Forms.Wage Rates.Contract and Bond Forms.Bid Advertisement Form and such Mher information and meArials to may
bg necessary and i theorderlya -
a of the construction
cont rad To the extent practicable.these documents shall be utilized in the maration of the construction documents
1.2.2.10 Owner will lLiquirics in maintain o
1.2.2.11 Owner will furnish relevant design standards and Owner-furnished Quip=tspeoifications
1.2.2.12 Owner will self-perform the following;
1. Asbestos Abatement
2. Imving adiacent properties for use by Architect
3. Security consulting,if required
4. Environmental studies
S. Zoning and variances.if required
6. Government fees for applications.ARprovals.and p=its
7. Construction Phase materials testing
g. Information Technology design services.If required
9. •Iood�stu
10. ADA compliance reviews
If applicable note that costs for TDLR filing Planner.and Inspection Fees are to be bome kyJw
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 hereirL in attached And accomR@aying 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 Owmer'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 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.
1.23.6 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
furnislied by Owner. Each shall provide prompt written notice to the o l if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
i
f
f
1.3.2.7 Architect shall have no Uability for changes made to the drawings. Aux such chaos shall be sealed by the
architect making that change and shall be armroorjWX marked to reflect what was changed or modified To the extent
M mitted by law.Owner agrees to indemnify,rkfend and hold harmless Architect for anyclaims.damages.suits and loss of
cyaX kind and nature for the unauthorized re-use of Architect's Instruments of Service.
1.3.3 CHANCE 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 panties hereto that any alteration in schedule.compensation and Change in Services shall be
effected only bybpplemental Agreement hereto: Any stich Sunntemental Agreement to this contract must be duly
authorized byDoWdate City Council Q1 CityManager action. It is expressly agreed by the osmics that as to services
hereunder the total sum of S".500.00,which includes authorized reimbursable expenses shall represent the absolute limit
of Owner's liability to Architect unless same shall be chang derby 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 filing deadlines prior to resolution of the matter by mediation.
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 tiled in writing with the other to this Agreement, and mediation shall
W B I►�Y 8 b
proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation fora period of 60 days from
the date of riling,unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediatoes 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 j
enforceable as settlement agreements in any court having jurisdiction thereof. I
1.3.5 ARBITRATION
1.3.5.1 Owncr 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'_exas. 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.
1.3.73 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 atter Substantial Completion.In no event shall such statutes of limitations
commence to run any later than the date when the Architect's services arc substantially completed.
9
1.3.9 PAYMENTS TO ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses pensee 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 becai adjudged to be liable.
1.3.9.2 Reimbursable Expenses, in an amount not to exceed $3.500.00. 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 subsisteuee,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;
A renderings,models and mock ups requested by Owner,
.S 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 B 141-1997,as-herein amended.
1A.1.2 Other documents as follows:
"_`Supplemental Agreement No. 1"supplementing Standard Form of Agreement between Owner and Architect with SLandard
Foran of Architect's Services.AIA Document B141-1997.
1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as follows:
Americans with Disabilities Act(ADA)and Texas Accessibility Standards(TAS)provide that it is a violatton of ADAffAS '
to i n and construct a facilitys' il' i
usability requirements of the ADAITAS except where m entity can demonstrate that it is structuraft impractical to meet
such requirements. Architect will use its best professional efforts to interpret and meet applicable ADAI AS mQuirmcnis
and other federal.state and local laws rules.codes ordinances and regulations as they Wly to the Project
11
• 1
November 7 12011
KAHickman Architects and Interior Designers is pleased to offer the following Proposal for the City
of Round Rock. This Proposal is based on information provided by the Owner at our last meeting.
This Proposal will provide for services for the Programming,Schematic Design,and Design
Development,Construction Documents,Bidding and Construction Observation for the following
facility:
Rabb House f
Pr Redevelopment Project.
p o
Approximate Square Footage:
Unknown,but approximately 3,000-4,000 sf of Event Room will be included in the facility.
City Departments to be relocated to this facility:
Public Use
Services provided by KAHickman Architects and Interior Designers will include the following:
Programming
Schematic Design
Design Development
Construction Documents
Bidding
Construction Observation
Description of Project Services:
Project will include the programming,schematic design,design development,
construction documents,bidding and construction observation of a community
rental/event facility located in Rabb Park. The exact facility size is not known at this time,
but it will contain an approximate 3,000-4,000 square foot event room to hold a variety of
community events. The project will also include integration of the building into the site,
design of outdoor event space(s),and associated civil and landscape architectural
improvements (i.e:utilities,sidewalks,etc.).
Data Collection and Programming
KAHickman Architects and Interior Designers (KAH)will collect and/or analyze
information related to the existing conditions,topographic survey,utilities and floodplain.
KAH will utilize this information to identify any potential design constraints or opportunities
of the site. KAH will hold programming meetings with City staff and potentially affected
interests to develop a building and site program that will address the variety of events
and uses of the facility.
EXHIBIT
ARMEMS "All
o�ct�s i
I
1
November 7 2011
After discussions with the City Staff,we have broken down the services into the following
categories:
I Redevelopment of Rabb House Rental Facility:
A. Scope of Work:
1. Programming
2. Schematic Design
3. Design Development
4. Construction Documents
5. Bidding
6. Construction Observation
7. Architecture
8. Civil Engineering.
9. Landscape Architecture
B. Following are the consultants that are to be a part of this Phase
1. Architectural-KAHickman Architects and Interior Designers
(a). Project Coordinator
(b). Architect of Record
(c). Programming
(d). Schematic Design
(e). Design Development
(f). Construction Documents
(g). Bidding
(h). Construction Observation
2. Landscape Architect-Studio 16:19)
(a). Landscape Design
(b). Programming
(c). Schematic Design
(d). Design Development
(e). Construction Documents
(f). Bidding
(g). Construction Observation
3. Civil Engineer-Hagood Engineering Associates,Inc.
(a). Civil Engineering Design
(b). Programming
(c). Schematic Design
(d). Design Development
(e). Construction Documents
(f). Bidding
(g). Construction Observation
AHKU ri
ARCHUM
"WPM= Page 13
DESMEFs
Y
Fee Schedule
Project Name: Rabb House Redevelopment
Total Total Other TOTALS
Task Labor Hours Loaded Labor Cost Direct Costs Subconsuitants
Task 1: (e.g.surveying) 0 $0.00 $0.00 $0.00 $0.00
Task 2: (e.g. public outreach and concept design development) 20 $3,360.00 $1,000.00 $5,040.00 $9,400.00
Task 3: (e.g. preliminary design/30%plans) 40 $6,720.00 $1,000.00 $13,140.00 $20,860.00
Task 4: (e.g.final design/60°x, 90%, 100%plans) 81 $13,440.00 $1,500.00 $27,650.00 $42,590.00
Task 5: (e.g.bid phase services) 10 $1,680.00 $0.00 $2,595.00 $4,275.00
Task 6:(e.g.construction phase services) 50 $8,400.00 $0.00 $13,975.00 $22,375.00
Task 7:(e. . project management) 0 $0.00 1 $0.00 1 $0.00 $0.00
GRAND TOTAL: 202 $33,600.00 $3,500.00 $62,400.00 $99,500.00
SUPPLEMENTAL AGREEMENT NO.1
CITY OF ROUND ROCK §
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This document is entitled Supplemental Agreement No. 1, and it supplements "City of Round
Rock Agreement for Architectural Services for Rabb House Redevelopment Project with KA Hickman
Architects&Interior Designers"for the following Project:
Professional architectural services and interior design services related to the
redevelopment design of the Rabb House, a community rental/event facility located in
Rabb Park, containing an approximately 3,000-4,000 square foot event room to hold a
variety of community events;said Project to also include integration of the building into
the site,design of outdoor event spaces, and associated civil and landscape architectural
improvements such as utilities and sidewalks.
Professional services for this Project shall include,but not be limited to, Data Collection
and Programming, Schematic Design, Design Development, Construction Documents,
Bidding, and Construction Observation. Architect shall be the Architect of Record, and
shall be in charge of coordination of other consultants.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements,that being the day of ,2011,and likewise is by
and between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal
corporation of Williamson and Travis Counties,Texas(hereinafter referred to as"City"and/or"Owner')
and KA HICKMAN ARCHITECTS&INTERIOR DESIGNERS,with offices located at 1517 East Palm
Valley Boulevard,Round Rock,Texas 78864(hereinafter referred to as"Architect").
WITNESSETH•
WHEREAS,as is recited in the Agreement this document supplements,City intends to provide
design and remodeling services for the described project(hereinafter called the"Project'j. Architect's
services are desired for purposes including but not limited to being architect of record, coordinating
consultants, planning, civil, architectural, design, structural, mechanical/electrical/plumbing engineering
services, document production, bidding-related services,and construction observation services related to
the Project. Total compensation for Architect's services under this Agreement shall not exceed the
following:$99,500.00,including reimbursable expenses in an amount not to exceed$3,500.00.
WHEREAS,as is recited in the Agreement this document supplements,City desires to contract
with Architect for the delineated professional services, and for the administration of the Construction
Contract during construction of the Project, all as previously and hereinafter stipulated and within the
limits the City has budgeted or will budget therefor;and
238628/jkg
l
(1) Architect shall prepare Design Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work, said Design Documents to
include adequate specifications for elements of the Project for consideration and approval
by Director. Five (5) copies each of said documents will be submitted to City, each
consisting of drawings and other documents to fix and describe the size, cross sections
and character of the Project as to architectural, structural, mechanical and electrical
systems, materials, and such other essentials as may be necessary and appropriate. Said
documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means
of plans, sections and elevations, typical construction details, and equipment layouts.
Said documents shall include outline specifications that identify major materials and
systems and establish in general their quality levels.The Design Document Phase shall be
completed within the agreed Performance Schedule.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in a
form acceptable to Director. Any variance in the estimated construction costs that will
adversely affect the established Project Budget will be submitted to Director with
appropriate comments and recommendations prior to beginning the Construction
Documents Phase.
2.04 Construction Documents Phase. Architect shall provide the following Construction
Documents Phase Services: as delineated in the Agreement this document supplements and herein,and as
follows:
(1) Architect shall prepare from the approved Design Development Documents and updated
budget for the Cost of the Work, for consideration of and approval by Director,
Construction Documents, which documents shall set forth in detail the requirements of
the entire Project, including the necessary bidding information prepared in such a way to
allow City, if it so desires, to advertise for the award of one or more contracts for the
construction and completion of the entire Project, or any phase thereof, and Architect
shall assist City in preparation of the Bidding Forms, shall utilize without modification
City's standard General and Supplementary General Conditions, and shall draft all
Special Conditions of the Contract. City's standard form of Contract between City and
the Contractor shall also be utilized, along with City's form of Bid Bond, Performance
Bond and Payment Bond. Architect shall also compile the Project Manual that includes
the Conditions of the Contract for Construction and Specifications and may include
bidding requirements and sample forms. City shall provide all standard documents for
Architect to include in the Project Manual.
(2) Architect shall furnish City in writing a revised Statement of Probable Construction Cost,
indicating cost changes resulting from changes in Project requirements or general market
conditions,in a form acceptable to Director.
(3) Architect shall file five (5) complete sets of proposed Construction Documents with
Director for review and official approval prior to the advertisement of bids for the
construction of the Project, and within the agreed Performance Schedule following
approval of the Design Documents. Following approval,Architect shall prepare and have
on hand additional sets as needed for bidding purposes. Should additional sets be
3
2.06 Construction Observation Phase. Architect shall provide the following Construction
Observation Phase Services: as delineated in the Agreement this document supplements and herein, and
as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one-year warranty inspection of the completed Project, correction of all
defects in Project materials and workmanship, and resolution of all Project-related claims and disputes.
During the Construction Phase,Architect shall provide the following services:
(1) Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially modified
without Architect's written consent.
(2) Architect shall review properly prepared,timely requests by the Contractor for additional
information about the Contract Documents. A properly prepared request for additional
information about the Contract Documents will be in a form prepared or approved by
Architect and will include a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification
requested.
(3) If deemed appropriate by Architect,Architect will on Owner's behalf prepare, reproduce
and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and initial decisions, Architect will
endeavor to secure faithful performance by both Owner and the Contractor,will not show
partiality to either,and will not be liable for the results of interpretations or decisions so
rendered in good faith.
(5) Architect shall render initial decisions on claims, disputes or other matters in question
between Owner and the Contractor as provided in the Contract Documents. However,
Architect's decisions on matters relating to aesthetic effect will be final only if consistent
with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all deviations from the Contract Documents and most
recent construction schedule submitted by the Contractor. However,Architect will not be
responsible for the Contractor's failure to perform work in accordance with requirements
of the Contract Documents. Architect will be responsible for Architect's acts or
omissions,but will not have control over or charge of and will not be responsible for acts
or omissions of the Contractor,Subcontractors,or their agents or employees,or any other
persons or entities performing portions of the work.
(7) Architect will at all times have access to the work wherever it is in preparation or in
progress.
5
(13) Architect shall make recommendations on all claims and disputes of City or the
Contractor relating to the execution and progress of the work or the interpretation of the
Contract Documents, based upon such review and analysis by Architect as may
reasonably be required. In the event of litigation, where Architect is named as an
additional patty with the City, such assistance will include the availability of
knowledgeable witnesses in the employ of Architect for expert testimony.
(14) Architect shall use its best efforts to promptly review and approve or reject shop
drawings, product data and samples and other submissions of the Contractor for
conformance only with the design concept of the Project and with the information given
in the Contract Documents. Architect shall establish and implement precise procedures,
to be approved by City's Director, for expediting the processing and approval of these
submissions without delay. Prompt review by Architect of submissions is of prime
importance to City and an absolute necessity under the time constraints of the Project.
(1 S) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in six(6)copies,after review and approval by City. Each Change
Order shall be specific and final as to prices and extensions of time, with no reservations
or other provisions allowing for future additional money or time as a result of the
particular changes identified and fully compensated in the Change Order. Architect's
compensation for preparation of Change Orders, if any, shall be determined by Section
2.09(1)below.
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director for City's approval and payment. In
addition,Architect shall make inspection of the Project at least thirty(30)days before the
expiration of the one(1)year warranty contained in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor
and major Subcontractors. Minutes of same shall be prepared by Architect with copies
submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work,consistent
with the Contract Documents, and not involving an adjustment in the Contractor's bid
price or an extension of the Project Schedule. Such changes shall be accomplished by
Field Order. In addition, Architect may issue written Field Orders which interpret the
Plans and Specifications,with copies submitted to City's Director.
(19) Architect shall assemble and deliver to City a set of reproducible Record Construction
Drawings showing significant changes in the work during the construction process and
final location of mechanical and electrical service lines and outlets,based upon marked-
up prints of drawings and other data furnished by the Contractor to Architect. Architect
shall provide Record Construction Specifications which will identify the changes in the
specifications on a sheet,which sheet will be inserted at the beginning of each section to
which they pertain.
7
3.03 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor.Any charges which may be assessed
for tap fees will be paid by City and are not to be included by Architect in the Specifications for the
Project.
3.05 Miscellaneous items. City will also provide Architect with such items as the Project Facility
Program; two(2)copies of the City of Round Rock General and Supplementary General Conditions for
Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms,
Bid Advertisement Form,and such other information and materials as may be necessary and practicable
for the orderly and expeditious process of the work and the awarding of the Construction Contract.To the '
extent practicable,these documents shall be utilized in the preparation of the Construction Documents.
ARTICLE 1V
FIXED LUVIIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project may not have been fully ascertained as of the date of making of these Contract Documents.
Architect, in consultation with City, shall determine what materials, equipment, component systems and
types of construction are to be included in the Contract Documents,and will make reasonable adjustments
in the scope of the Project to bring it within the limits when fixed.With City approval,Architect may also
include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the
lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost for the Project, City shall pay Architect fees for Basic Services in
accordance with this Agreement.
4.02 Procedures if Bids) Exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project,and as a result
thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed limit of total
Budgeted Construction Cost for the Project, City at its option may either(1) give written approval of an
increase in such fixed limit, with no obligation to increase Architect's fee, or (2) authorize rebidding
within a reasonable time,or(3)cooperate in revising the Project scope and quality as required to reduce
the Probable Construction Cost.In the case of(3),Architect,without additional charge,shall immediately
modify the Drawings and Specifications as necessary to bring the Project cost within the budgeted fixed
limit,or within any higher fixed limit subsequently authorized by City. Providing this service shall be the
limit of Architect's responsibility in this regard,and having done so,Architect shall be entitled to his fees
in accordance with this Agreement.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are included in the total not-to-exceed fee
delineated in the Agreement this document supplements and herein, and include actual expenditures at
actual costs made by Architects,their employees,or their consultants in the interest of the Project.
9
c
6.06 Invoices. Architect's invoices to City shall provide complete infonnation and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director,Architect shall comply promptly with such request.In this regard, should Director
determine it necessary,Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices.City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
6.08 Offsets.City may,at its option,offset any amounts due and payable under this Agreement against
any debt (including taxes) lawfidly due to City from Architect, regardless of whether the amount due
arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due
to City has been reduced to judgment by a court.
ARTICLE VII
RRCAIT_TIS ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining
to the Project,and records of accounts between City and Architect shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually convenient
times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully
understood by Architect that Director may cancel or indefinitely suspend further work hereunder or
terminate this Agreement either for cause or for the convenience of City, upon fifteen(15)days' written
notice to Architect,with the understanding that immediately upon receipt of said notice all work and labor
being performed under this Agreement shall cease.Architect shall invoice City for all work satisfactorily
completed and shall be compensated in accordance with the terms of this Agreement for all work
accomplished prior to the receipt of said notice.No amount shall be due for lost or anticipated profits.All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall
become the property of City upon termination of this Agreement,and shall be promptly delivered to City
in a reasonably organized form without restriction on future use. Should City subsequently contract with a
new architect for continuation of services on the Project, Architect shall cooperate in providing
information.
8.02 Default.Nothing contained in Section 8.01 above shall require City to pay for any work which is
unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this
11
Agreement infringe a U.S,patent or copyright directly, indirectly or contributorily,regardless of whether
or not City is proven to have actively induced or contributed to the infringement. Architect will pay any
and all resulting costs,damages and attorney's fees finally awarded,provided that:
(1) City promptly notifies Architect in writing of the claim;and
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) if Architect defends City against such claims, the City Attorney of City shall be
kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect's defense and indemnification under this section is conditioned on
City's agreement that if any of the designs,plans or specifications,become,or in
Architect's opinion are likely to become, the subject of such a claim, City will
permit Architect,at Architect's option and expense,either to procure the right for
City to continue using the designs,plans or specifications or to replace or modify
the same so that they become non-infringing; and if neither of the foregoing
alternatives is available on terms which are reasonable in Architect's judgment,
City,to the extent City is legally able to do so,will cease using the designs,plans
or specifications on written request of Architect, in which instance City has the
sole option to either require Architect to perform new design work at Architect's
sole expense,or to terminate this Agreement.
(c) Architect has no liability under this section for any claim of infringement based
upon the modification or alteration of the designs, plans or specifications
prepared under this Agreement subsequent to the Project by City, or by any
engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
10.04 Insurance.Architect,at Architect's sole cost,shall purchase and maintain during the term of this
Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars
($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Agreement to maintain
during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 10.04 above, including the required provisions and additional policy
conditions as shown below in Section 10.06, unless specifically waived by the City Manager. As an
alternative, Architect may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Architect's certificate of insurance shall note in such event that the
subconsultants are included as additional insureds and that the Architect agrees to provide Workers'
Compensation coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
13
ARTICLE XII
TERM
12.01 Term.Unless sooner terminated in accordance with the applicable provisions hereof,or extended
by mutual agreement approved by City's Director, the term of this Agreement shall be from the date
hereof until final completion of the Project and all architectural/engineering and construction
administration services in connection therewith, including the final one(1)year warranty inspection,and
resolution of any outstanding Project-related claims or disputes.
12.02 Project Performance Schedule. Architect understands that the Project Performance Schedule is
of critical importance, and agrees to undertake all necessary efforts to expedite the performance of
services required herein, so that construction of the Project will be commenced as scheduled. In this
regard, Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and
timely accomplish all services required under this Agreement in the highest professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers,
employees,agents,consultants and subcontractors will have no financial interest,direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Architect hereunder shall be kept confidential, and shall not be
disclosed to any third patties without the prior written consent and approval of City's Director.
ARTICLE XIV
GENERAL PROVISIONS
14.01 Time is of the Essence.Architect understands and agrees that time is of the essence and that any
failure of Architect to complete the services for each phase of this Agreement within the agreed Project
Performance Schedule will constitute a material breach of this Agreement. Architect shall be fully
responsible for its delays or for failures to use his best efforts in accordance with the terms of this
Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances,
City may withhold,to the extent of such damage, Architect's payments hereunder without waiver of any
of City's additional legal rights or remedies.
14.02 Force Majeure.Neither City nor Architect shall be deemed in violation of this Agreement if it is
prevented from performing any of its obligations hereunder by reasons for which it is not responsible or
circumstances beyond its control. However,notice of such impediment or delay in performance must be
timely given,and all reasonable efforts undertaken to mitigate its effects.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement.Architect shall not assign,sublet
or transfer any interest in this Agreement without prior written authorization of City's Director.
14.04 Amendments.This Agreement, representing the entire agreement between the parties,may only
be amended or supplemented by mutual agreement of the parties hereto in writing.
15
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS
78711-2337 OR 333 GUADALUPE, SUITE 2-350,AUSTIN,TEXAS 78701-3942,TELEPHONE(512)
305-9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS'
REGISTRATION LAW,TEXAS CIVIL STATUTES,ARTICLE 249a.
17
ROUN7RWMXAS City Council Agenda Summary Sheet.
PURPOSEK PttUS &M
Agenda Item No. 10F5.
Consider a resolution authorizing the Mayor to execute an architectural services
agreement with KA Hickman Architects and Interior Designers for the Rabb House
Agenda Caption: Redevelopment Project.
Meeting Date: January 12, 2012
Department: Parks and Recreation
Staff Person making presentation: Rick Atkins
Parks and Recreation Director
Item Summary:
The Rabb House Redevelopment Project will include the redesign of the existing structure that was built in the late-
1970's. The structure sustained substantial flood damage during the September 2010 flood. The new facility will be
designed to accommodate parties, weddings, receptions, meetings and other similar community events. In general,
the facility will be elevated out of the floodplain and contain an approximate 3,000-4,000 square foot event room,
restrooms,and associated support spaces.
City Council authorized $100,000 in mid-2011 to redesign the Rabb House facility. Staff issued a Request for
Qualifications(RFQ) to five architectural firms in September 2011 and received four(4) responses to the request. A
team of staff members reviewed the Statement of Qualifications submitted by the four firms and based on the
scoring criteria, interviewed the top two firms. Based on the qualifications and interviews, KA Hickman Architects&
Interior Designers was selected as the firm for the project.
After negotiations between staff and KA Hickman Architects, a fee and scope of services was developed for the
project. The negotiated fee of $99,500.00 comprises approximately 9.95% of the projected total building budget
($1,000,000). Staff thinks this is in line with the scope and complexity of the Rabb House Redevelopment Project.
Cost: $99,500.00
Source of Funds: General Self-Finance Construction
Date of Public Hearing(if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENTS
FOLLOW
I
City of Round Rock Agreement for Architectural Services for
Rabb House Redevelopment Project
with KA Hickman Architects & Interior Designers f
Based upon AIA Document B141-1997 I
1997 Edition-Electronic Format
Standard Form of Agreement between Owner and Architect
AGREEMENT made as of the 2 da of the month of in the
y year Taro Thousand
BETWEEN the Architect's client identified as the City or the Owner:
Cily of Round Rock
221 East Maki Street
Round Rock.Williamson and Travis Counties,Texas 78664
and the Architect:
KA HicknLana Architects&Interior Designs
1517 Fast Palm Val1M+Boulevard
Round Rock.Texas 78664
For the following Project:
Professional architectural services and interior design scrvices related to the redevelopment design of the Rabb House a
community rentallevent facillty located in Rabb Park.containing an tiroximately 3.000-d�square foot yvent room to hold a
variely of community events:said Project to also include integration of the building into the site design of outdoor event spaces.
and associated civil and landscape architectural improvements such as utilities and sidewalks,
i
Professional services for this Project shall.include,but not be limited to.Data Collection and programming,Schematic nesian
Design Development. Construction Documents. Bidding_ and Construction Observation. Architect shalt be the Architect of
Record.and shall be in charge of coordination of other consultants
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 U=iremcnts• rendering pMfesstonal_consultation mW advice: furnishing all
necessary contracted services for the M&Nneed Project:and pro wn_g other attecialized services
Architectural services Mall include the submittal of plans for Texas Accessibility Standards (TAS► review which is a
acquirement 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:
The Proiect consists of yrofessional planning.desig%and construction administration services related to the redpvelopmt
design of the Rabb House.a community rental/event facility located in Rabb Park,containing an gllproximately 3.000-4.000
gquare foot event room to hold a variety of community events:said Pmjcct to also include Integration of the building into
the site,design of outdoor event spaces.and associated civil aW landscape architectural improvements such as utilities and
238597/jkg
�-12-DtrlZr 1c��5
M r j It+ M4 W1 MATPI
AVII3,7011
L � + + + 7 f. 1 + + +. 1 + 7_1! +1 L+Y•".y+ 1�l 1 + 1 1
+, �•_ + '; ++Il..lis WOW_+' oll to I ill aws0 -.rR DI 1. _+
+ UM+;
77MM577M fOL 1+ + 1' !l{ +:L. !.!i:1S_+! 7.
++++
MITI
- Ii a: 1 :I+F. I ! ► l a -+ 1 1 �. I r r 1 1
1
-
1
; I 1 oil-
1111MI1 y11.. -
!
1+ + �!I:. • 1l_
Ii.7 ' r 1 u 1 + 1• s r
+ 1 11'f 1 1! 1
+111 � - i S+ 'v 7.. % + _L 4% i! ._1•!�y J. .1'11,7 I 1 •+► + r
1 1 .
!.:rxmm
+.! 1 +
1 ryl + al
r r ! •'.1' l '•1 Y.i-'. ! ,+ t 1�! ..i+. % y K _Y', r 1: yr :_ r 1 !
fm 1.-: •_! . ITTI I y! b !1+ 1 1
11 1 1 1St, {•w : 1 1 1/ yi / q11 1MY11.' q11 r ' r
�l 1 • 11 :,Ill II
j_1 • 1 1 _ :.1 _ L 1 I / IL_l.'J 7 1Li. rown.11;1 �I
l.Y IeJ 1" i 1 1 11 1
461.1 1 ._1_K_1 f
Ia rl 11 1
=(
1111. 1 " Iall 11. I1 :11 w:r I II 1• 1 1 S
1 - 1 1 '1 . _! LL'. ^./t ri 11 !J 1 ' l'.tL 1 •1 lyj 1 'II 1':1 1f t.Y 11 .1�
1 YL1! 1 1 Y%
ROT=11174M7=11 _l 1
1 !11_ • . 1 t I!.5. 17 �! 1 '.LS Y! la!l I 1
1
WI-11A L"LIL 1 ' — 1 IL-1174-M1471 i
v 1 1 !1 t1 1
' 1 / Ill 7 t.lY Ief 1 1 { _ .1/ A;� 1 •J I L ! : Il Ili 11S I�I.Y.{I .J iI_t
1 l 1 Il _ I �1[Y 'h i1! !,: :S 1 L �y _t.' 4t I 1 7 ••� 121 [ Jl. 1 1 YI L'1_ 1 S 1 J
11 .1.1 . 1 kl / • j !1, 1 __
1 "l_l.� L1 46 1 I:.1 1 ; 1 1 7 [ 1. 17 X71 1= 1 7#7 t7tTKM 1111 771
Y: -Mil 1 y
I •j!_1 1, 1 !,I1 1:1 1 L_
1,
1. 1 1' _ Y ��. _ i L1 /4 l l .511 _ /.Ill 1 - I ;;1 1� -1 • I I 1 _[%. 1 i l
Ii .[•.1.k� .1, /� I 11 l'. Ii ll!.' 1 1.1 4!. 1 .41 G.Y 1 1 1' yf G. L. 1
Y.1.1 ll^ 1' II 1 •'hyil yl 4. ! 1 .11- ;.1 1 41 ti.Y1 .f.l 1 1 L7 1177,
1_ • L L 11 Yy_1'+ :..1 �i! 17 '._!:_:I y!1T,.-11 .'•
1 1
!t.
LSII t: 11 U1:11i0tv ; 1 ; 'J
1 hi 1 •1 11
1 111 ► YT -!! 1 1. ! .1 ..!1. f 1 1 j,l ,1 1 1
11 I
MIUMM, 11 1 Lyl
'11 1, r11�:t_ 41 11 ll. 1 ti. 1 1 YI 1.Y!1 i1 YI 1 G.
'la 1 1 1. • ( /I 1 y; !� 1 v.,I 1 ill 1 1 1
1 1
!1/tl T tkl! I_ ! :. .11 I:" 11 J< 1 •1 1 I� 1 1
l _ 1
1.l � 1 11' 1 •. 1 1 I 1 11 �1 1 1 1 1 1 ..[t 1 1 1 j
i
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 Atm anent is as follows:
Professional Services
City agrees to ICY Architect a total sum not to exceed Ninety-nine Thousand Five Hundred and No/100 Dollars
fS99.500.00). Said sum is a fixed not-to-exceed amount and shall be pad as delineated in the allache d Exhibit B
which is incorporated herein by reference for all Ruos s. Sudi not-to-exceed sum includes amountssire d for
Architect's services:and the task fees delineated specifically include consultant fees for MEP engineers,structural
engineers.civil engineers and ADA consultants:and for reimbursable exnen_.ars.as follow
In accordance with Exhibit B attached hereto and incorporated herein bX„reference for all purposes.
B Reimbursable Expenses
PUment for reimbursable exposes.including administrative charges and out-of RggW c=nses gall not exceed
the maximum sum of Three Thousand FIve Hundred and No/100 Dollars (53.500.001. Such reimbursable
oxonses are Induded within the not-to-exceed total fee recited herein_
Allowable reimbursable expenses witlin the not-to-exceed amount may include the following•
i epmgmphic and plotting of docunumts for other than Architect's own in house use:
SShipping,mailing and delivery exports for other dtan Architect's own in-house use:
Additional subcomltants,if regi sted by it)G
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 wW Reimbursable Expenses PMble Hereunder• Unless
subsequently changed by Supplemental Agreement hereto,Architect's total comp==on for services and reimbursables
hereunder shall not exceed 599 50000 Such amount rettresents the absolute limit of C1ty's liabilily to Architect unless
sage shall be changed by additional Supplemental Agreement and City shall M strictly within the confines of the not-to-
sums
or tosums recited herein.Architect's professional fees and reimbursable nxxnses for-work done on behalf of Citv No
deductions shall be made for Architect's co cation on ac coup liquidated pena_..Ity,�jq damages or other suers withheld
from payments to Architect. No additions shall be made to Architect's comoctsarion based on projcet claims whether Raid
bye or denied.
Additional Services: Additional services are defined as any,services not listed as a basic service including revisions to
Myioushu-approved plans that necessitate additional work for Arc its.substantive changes in p_roiect scope,or additionl
work necessitated by unknown or reasonably unforeseen circumstances, Th parties cxpmssly-nurse that such.additional
services.if directed by Owner,would be performed under altuRlemental agreement negotiated at a time subwg e
Agreement Professionalerings or models are not included herein as a basic service but mIM be reuuested as an
additional service. Submittals with applications to amc.les with jurisdiction (i.e.TCEO CIW are included as a basic
service.
1.1.2.6 The time parameters are:
Seivices hereunder sbaI commm immediately Architect Completion
shall be not later than December 1.2012. Other time parameters or md.justments to time imrameters may be determined at a
later date by mutual agreement of theap rties.
4
e
1.1.2.7 The proposed procurement or delivery method for the Project is:
Professional services such as architectumWlarmb will be enggagcd by negotiated contract The general contractor for
construction will be selected by competitive bidding or other statutorily-allowed alternate delivery method.
1.1.2.8 Other parameters are:
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
Q1 Manaeer
City of Round Rock
221 East Main Street
Round Rock.Texas 78664
David Buzzcll.RLA,ASLA
Park Develotmtertt Mangger.Parks and Recreation DM=ent
City of Round Rock
301 West Baadad
Round Rock.Texas 78664
Telephone Number(5 12)341-3345
Facsimile Number(512)218-5548
Email Address: dbu zell@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:
kith A.Hickman.AIA.CEO and Principal
KA Hickman Architects&Interior Designers
1517 East Palm Valley Boulevard
Round Rock Texas 78664
Tojohone Number(512)917.6620
Facsimile Number(512)388-1843
Email Address: keith@blarchitects.com
1.1.3.5 The consultants retained at the Architect's expense are:
MEP Engineers: Hendrix Consulting Engineers(HCEI
Structural Engineers: Winter Engineering
CivilEngineers: H pod Engineering Associates.Inc,
Landria Architect: Studio 16:19
Note that ADA Consultant Is to be determined but will not be retained at Architect's expose
Upon execution of this Agreement. Architect garees that it will submit to City within ten (10)dW a list of all additional
consultants It intends to utilim not previously identified in Architect's proposal.delineating their respective tasks All of
ter hitect's consultants shall be subject to the apRroval of City and City reserves the right to refect any consultant
5
1.1,4 Other important initial information is: Not applicable.
LIZ 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
a mment of Owner and Architect with consent of Contractor.which consent shall not be unmasonabLy withheld Architect
conssnt9 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 Msly understood and agreed by and between the lmrties hereto that any alteration in schedule comWnsation and
Change in Services shall be effected only by Supplemental Agmcnient hercto. Agyus ch Supplemental Agreement to this
Agreement must be duly authorized by approodatc COIX Council or City humor 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 Rall 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 per 'cirod iLllyy ate the budget for the Prolcct including that portion a looted for the
Cott of the Work.Owner's other costs_and reason contiU cies related to all costs
1.2.2.3 Owner's Designated Representative identified in Paragraph 1.13 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.
1.2.2A Owner shall fumish 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 pgy for tests.
inspections and reports required by law or the Contract Documents,such as structural,mechanical,and chemical tests,tests
for air and water pollution,and tests for hazardous materials.
1.2.2.6 Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be
reasonably necessary at any time for the Project to meet Owner's needs and Interests.
1.2,2.7 Each Ma shall provide prompt written notice to the Ran if either becomes aware of any fault or defect in the
Project,including any errors,omissions or inconsistencies in Architect's Instruments of Service.
12," Owmer will furnish building permits without charge Electrical plumbing and other trade permits will be the
responsibility of the construction contractor, Anychnes 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 EMect However. Omer agrees to reimburse Architect the
actual costs of review fees associated with Texas Building Accessibility reviews
1,2.29 Owner will provide Architect with missal a eous items such as the Prgject FacilitX)sq n, two(2)copies of the
CiLy 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 pfggm of the-work and the awaWh of the construction
contract. To the extant 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 ItEW essionl
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. Imyingaofla jacent properties for use by Architect
3. madly consultin rg f renuired
4. Environmental studies
S. Zoning and variances,if required
6. Government fees for MWOcations.ppprovals.and permits
7. Construction Phase materials testing
S. Information Technology design services.if required
9. Flood sludv
10. ADA compliance reviews
If applicable.note that costs for TDLR filing Planner.and InspWion Fees are to be borne bX QM
1.2.3 ARCHITECT
1.2.3.1 The services performed by Architect,Architect's employees and Architect's consultants shall be as amumemted in
Article 1.4 and as enumerated elsewhere hereim in attached and acoompgnydng documents in supplemental dor..mente and
in related documents.
1.23.2 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 ma 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. 11= 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.
1.2.3A Architect shalt 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.
1.23.5 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.
1.23.6 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
fumislwd by Owner. Each pg y shall provide prompt written notice to the oft if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
i
7
I
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE NVORK
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.
1.3.1.2 The Cost of the Work shall include the cost at mjvDAle 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,)
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[lie
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 dusigus and
work product under this Agreement including but not limited to Tracings Drawings. Estimates. Specifications
Investigations.Studies and other documents.shall be the paMWy of Owner,to be used as Owner desires:by execution of
this Agreement and in confirmation of the fee for services to be paid under this Agreement.Architect herebyconveys
transfers and assigng to Owner all rights under the Federal CoMdeht Act of 1976 for any successor ganight statute).as
amended.all common law_copyXjghts and all other intellectual pwperty Sights acknowledged by law in the Project designs
and work product developed under this Agreement. Conies maybe retained by Architect. Architect shall be liable to Owner
for any loss or damage to any such documents while they are in the pQssesslon of or while being wro(kmd upon by Architect
or anyone connected with Architect.including agents.emploM 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 mid 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
pemission 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 Work. Submission or distribution of Instruments of Service to
meet official regulatory requirements or for similar purposes in connection with the Project is pmnitted 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.
.13.2.5 All plans and drawings will be,Mpared and submitted by Architect to Owner for appEml on a minimum 24-incl,
by 36-inch or maximum 32-inch by 42-inch drafting sheet.with all lettering processed in ink or VgWI and clearly legible
when the sheets arc reproduced and reduced to half size.
1.3.2.6 Upon completion of the construction of the Project.Architect shall,within thirty(30)calendar dW following final
y�pection. deliver to Owner the reproducible Record Drawings and Record S ifica ioN U described soWemental_ly
herein. In addition.Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual as-built
conditions asprovided by the General Contractor.
8
(f
1.3.2.7 Architect shall have no liability for changes made to the drawings; Any such Chang "I be staled bye
architect making that changt and shall be @Mnriatcly marked to reflect what was changed or modified. To the extent
g mtitted by law.Owner agrees to indemnify,defend and hold luumless Architect for any claims damapea suits and loss of
cy=kind and nature for JU unauthorized re-use of Architect's Instruments of Smicew
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 exRzssly understood
and agreed by and between the parties hereto that any alteration in schedule,compensation and Change in Services shall bt
effected only by Supplemental Agreement hereto: Any Mich %Wemental Agreement to this contract must be duly
authorized by appropriate City Council or Cily Manager action. It is exoressly�d y the"dies that as to services
hereunder the total sum of$99 50000 which includes authorized reimbursable expenses shall mpmmt_the absolute limit
of Owner's liability to Architect unless same shall be chs sed by Sapplemental Agreement hereto
1.3.4 141EDIATION
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 filing deadlines prior to resolution of the matter by mediation.
1.3A.2 Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation. Request for mediation shall be filed in writing with the other party to this Agreement,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.
1.3A.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
13.5.1 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.G. 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 lad 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.
1.3.73 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.
9
1
f
1.3.7.4 To 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
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 patties 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 cenfldential 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,(heir 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 parry 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 assignmem.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If Owner fails to make payments to Architect in substantial comWiance with this Agreement,such failure rM 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 Ad=LW 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 suras
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 fitlh,understood by,Architect that Owner
ma cancel or indelinitelysuspend further work hercundt or terminate this contract either for cause or for the convenience
of Owner,upon fifteen f 151 dgys'written notice to Architect wilthe understanding that Inamediatelysyon receipt on f said
notice all work and labor being performed under this Agreement shall cease hitect shall invoice Owner for all work
satisfactorily completed and shall be composated in accordance with the terms of this Attreement for all work
accomplished prior to the receipt of said notice No amount shall be clue for lost or anticip&d profits. All plans_ field
surveys.maps.cross sections and other data.designs and work related to the Project shall become the party of Owner
upon termination of this Agreement,and shall Qg,pmmpgy delivered to Owner in a masonabjy ortrani_zed form without
restriction on future use Should Owner subseouentiy contract v►�th a new architect for continuation of services on the
Mect.Architect shall cooperate in ung information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require Owner to pU for any work which is
unsatisfactory as determined by Owmer's representative or which is not submitted in compliance with the terms of this
Agreement. Owner shall not be required to snake any rtayments to Architect when Architect is in default under this
contraa nor shall this section constitute a waiver of X ziQht.at law or at cg9ity which Owner may have if Architect is in
default.Including the r16 to bring legal action for damages or to force spoific performance of this Agreement
t
10
i
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 Expenses6 in an amount not to exceed 53.500.00. 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. i
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, i
1.4.1.2 Other documents as follows: ,
"Supplemental Agmnent No. 1"supplementing Standard Form of Agreement between Owner and Architect with Standard
Form of Architect's Services.AIA Document B141-1997,
1.4.2 Special Terms and Conditions.Special terms and conditions that modify this Agreement are as T0116":
Americans with Disabilities Act(ADA)and Texas Accessibility Standards(TAS)provide that it is a violation Af ADArfAS
to design-ad construct a facilily for first occuRM later than Jam=26, 1993 that dots n #L-—A-3sibilfty and
usubiliLy requirements of the ADAITAS excot where N entity can demongM that It is stalphnIly
such mquirements. Architect will er
and other federal-state d localordinances and MlationiAft&
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 S99-500.00 established herein cum
includes authorized reimbursable mMses.
1.5.2 If the services of Architect arc 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 computcd as a multiple of one(l.001
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 per(I&Q)times the expenses incurred by
Architect,and Architect's employees and consultants.
1.5.5 Other Reimbursable Expenses,if any,are as follows: one
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 NoI100 Dollars(S 0.001 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
mq�d u ,der the Texas Prompt Payment Act.whichever is late Non-disputed amounts unpaid sixty(6Q1 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 Promptt 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:
�-e-
Alan McGraw,Mayor Kelth A.Hickman,AIA,CEO mid Principal
Date Signed: ! -t2'l Z" Date Signed:
FOR CITY,ATTEST:
•
Sara I: bite,city S J,
FOIL 7' APPROVED AS FORM:
AL
StephanSheets,Crty Attorney
12 i
1
i
November 7 12011
KAHickman Architects and Interior Designers is pleased to offer the following Proposal for the City
of Round Rock. This Proposal is based on information provided by the Owner at our last meeting.
This Proposal will provide for services for the Programming,Schematic Design,and Design
Development,Construction Documents,Bidding and Construction Observation for the following
facility:
Rabb House Redevelopment Project.
Approximate Square Footage:
Unknown,but approximately 3,000-4,000 sf of Event Room will be Included in the facility.
City Departments to be relocated to this facility:
Public Use
Services provided by KAHickman Architects and Interior Designers will include the following:
Programming
Schematic Design
Design Development
Construction Documents
Bidding
Construction Observation
Description of Project Services:
Project will include the programming,schematic design,design development,
construction documents,bidding and construction observation of a community
rental/event facility located in Rabb Park. The exact facility size is not known at this time,
but it will contain an approximate 3,000-4,000 square foot event room to hold a variety of
community events. The project will also include integration of the building into the site,
design of outdoor event space(s),and associated civil and landscape architectural
improvements (I.e:utilifies,sidewalks,etc.).
Data Collection and Programming
Wickman Architects and Interior Designers (KAH)will collect and/or analyze
information related to the existing conditions,topographic survey,utilities and floodplaln.
KAH will utilize this information to identify any potential design constraints or opportunities
of the site. KAH will hold programming meetings with City staff and potentially affected
interests to develop a building and site program that will address the variety of events
and uses of the facility.
EXHIBIT
A
ARCWTI rs "All
AND INTMM
a�
November 7
12011
Schematic Design
KAHickman Architects and Interior Designers will develop a maximum of three (3)
schematic design concepts for the facility and outdoor spaces. These concepts will be
developed thru a one (1)day design charrette/open house and will contain plan,
elevation and prospective sketches to communicate the conceptual design Ideas to the
City staff,public and potentially affected Interests. An opinion of probable construction
cost will developed for each of the selected schematic design concepts. KAH may
then be required to present the selected schematic design concepts to the City Council
prior to moving into design development.
Design Development
KAHickman Architects will develop design development drawings based on the selected
schematic design concept,staff/public input and developed budgetary constraints.
Design development will include approximately 50%completed architectural,civil
engineering and landscape architectural drawings that will communicate a defined
facility and outdoor space design. Additionally,KAH will define general electrical,
mechanical,plumbing and HVAC requirements and systems for the facility. KAH will
prepare a detailed opinion of probable construction cost at the completion of the
design development phase. KAH will prepare a Design Development Manual that will
Include the design development drawings,3-13 perspectives of the building/site,general
material selections,design narratives and opinion of probable construction cost to
communicate the overall design of the facility and site.
Construction Documents
KAHickman Architects will develop construction documents based on the selected
design development documents,concept,staff/public input and developed budgetary
constraints. Construction Documents will be the completed architectural,mep,
structural,civil engineering and landscape architectural drawings that will communicate
a defined facility and outdoor space design. KAH will prepare a detailed opinion of
probable construction cost at the completion of the construction document phase.
Bidding
KAHickman Architects will assist in the securing of bids from qualified general contractors.
Additionally,KAH will answer and clarify any questions or comments during the bidding
phase. After receipt of the bids,KAH will assist in ranking the bidders based on criteria
established by the Owner
Construction Administration .
To ensure construction is completed expeditiously and fully reflects the developed
design, KAHickman Architects and Interior Designers will provide construction
administration of the construction contract.Post-construction,we assist the owner in any
construction issues needing resolution and give a complete evaluation of the facility.
Wickman Architects and Interior Designers are committed to ensuring a smooth
transition of the new facility for Its users and the City.
KAMMAN
AK rt
ANDMMOR Page ( 2
oEs�cNEra
A
November 7 12011
After discussions with the City Staff,we have broken down the services Into the following
categories:
I Redevelopment of Rabb House Rental Facility:
A. Scope of Work:
1. Programming
2. Schematic Design
3. Design Development
4. Construction Documents
5. Bidding
6. Construction Observation
7. Architecture
8. Civil Engineering.
9. Landscape Architecture
B. Following are the consultants that are to be a part of this Phase
1. Architectural-KAHIckman Architects and Interior Designers
(a). Project Coordinator
(b). Architect of Record
(c). Programming
(d). Schematic Design
(e). Design Development
(f). Construction Documents
(g). Bidding
(h). Construction Observation
2. Landscape Architect-Studio 16:19)
(a). Landscape Design
(b). Programming
(c). Schematic Design
(d). Design Development
(e). Construction Documents
(f). Bidding
(g). Construction Observation
3. Civil Engineer-Hagood Engineering Associates,Inc.
(a). Civil Engineering Design
(b). Programming
(c). Schematic Design
(d). Design Development
(e). Construction Documents
(f). Bidding
(g). Construction Observation
wu.aoYAN
ARCHn rs
"rUXM Page 13
November? 12011
4. Mechanical,Electrical 8,Plumbing Engineer-HCE Engineers
(a). MEP Engineering Design
(b). Construction Documents
(c). Bidding
(d). Construction Observation
S. Structural Engineer-Winter Engineering'
(a). Structural Engineering Design
(b). Construction Documents
(c). Bidding
(d). Construction Observation
Fees for the Redevelopment of Rabb House Rental Facility of the Project:
S96,000.00
Not to Exceed Reimbursables $3,500.00•
• Not Included in total figure above.
If you would like more detail about any one item,we can easily provide you with full backup.
Should the Owner decide that there are any areas that they do not desire as part of this
proposal,we can make modifications accordingly.
The TOTAL FEE is 09 500,00
The Team would like to thank you for retaining our services for this very important Project.
Sincerely:
Keith A.Hickman,AIA,LEED AP,RID
KAHickman Architects and Interior Designers
w�maWM
AICH r K
AWWWOR Page ( 4
Dew=
Fee Schedule
Project Name: Rabb House Redevelopment
Total Total Other TOTALS
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants
Task 1: (e.g.surveying) 0 $0.00 $0.00 $0.00 $0.00
Task 2: (e.g. public outreach and concept design development) 20 $3,360.00 $1,000.00 $5,040.00 $9,400.00
Task 3: (e.g. preliminary design/30°x6 plans) 40 $6,720.00 $1,000.00 $13,140.00 $20,860.00
Task 4: (e.g.final design/60°x, 90%, 100°x6 pians) 81 $13,440.00 $1,500.00 $27,650.00 $42,590.00
Task 5: (e.g.bid phase services) 10 $1,680.00 $0.00 $2,595.00 $4,275.00
Task 6: (e.g.construction phase services) 50 $8,400.00 $0.00 $13,975.00 $22,375.00
Task 7:(e. . project management) 0 $0.00 1 $0.00 1 $0.00 $0.00
GRAND TOTAL: 202 $33,600.00 $3,500.00 $62,400.00 $99,500.00
i
��
EXECUTED
DOCUMENT
FOLLOWS
-���.----.--".... 1
SUPPLEMENTAL AGREEMENT NO.1
CITY OF ROUND ROCK §
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
This document is entitled Supplemental Agreement No. 1, and it supplements "City of Round
Rock Agreement for Architectural Services for Rabb House Redevelopment Project with KA Hickman
Architects&Interior Designers"for the following Project:
Professional architectural services and interior design services related to the
redevelopment design of the Rabb House, a community rentaVevent facility located in
Rabb Panic, containing an approximately 3,000-4,000 square foot event room to hold a
variety of community events; said Project to also include integration of the building into
the site,design of outdoor event spaces, and associated civil and landscape architectural
improvements such as utilities and sidewalks.
Professional services for this Project shall include, but not be limited to, Data Collection
and Programming, Schematic Design, Design Development, Construction Documents,
Bidding, and Construction Observation. Architect shall be the Architect of Record, and
shall be in charge of coordination of other consultants.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements,that being the day of 201$and likewise is by
and between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal
corporation of Williamson and Travis Counties,Texas(hereinafter referred to as"City"and/or"Owner')
and KA HICKMAN ARCHITECTS&INTERIOR DESIGNERS,with offices located at 1517 Last Palm
Valley Boulevard,Round Rock,Texas 78864(hereinafter referred to as"Architect").
WITNESSETH:
WHEREAS,as is recited in the Agreement this document supplements,City intends to provide
design and remodeling services for the described project(hereinafter called the"Project'). Architect's
services are desired for purposes including but not limited to being architect of record, coordinating
consultants, planning, civil, architectural, design, structural, mechanical/electricallplumbing engineering
services, document production, bidding-related services,and construction observation services related to
the Project. Total compensation for Architect's services under this Agreement shall not exceed the
following:$99,500.00,including reimbursable expenses in an amount not to exceed$3,500.00.
WHEREAS,as is recited in the Agreement this document supplements,City desires to contract
with Architect for the delineated professional services, and for the administration of the Construction
Contract during construction of the Project, all as previously and hereinafter stipulated and within the
limits the City has budgeted or will budget therefor;and
238628/jkg
i
WHEREAS,as is stipulated in the Agreement this document supplements,Architect has agreed
to provide such professional services for the compensation delineated previously and herein;
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions contained in the Agreement this document supplements and herein, hereby agree as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in the Agreement this
document supplements and herein.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as
recited in the Agreement this document supplements and herein.
Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly
authorized by City Council Resolution or City Manager action,Architect's total compensation hereunder
shall not exceed $99,500.00, including a not-to-exceed amount of$3,500.00 for approved Reimbursable
Expenses. These amounts represent the absolute limit of City's liability to Architect under this
Agreement,unless same shall be changed by additional Supplemental Agreement hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
ARTICLE ll
ARCHITECT-S SERVICES
2.01 Basic Services.Architect's Basic Services consist generally of the phases described below, and
include complete planning, civil, architectural, design, structural, mechanicallelectrical/plumbing
engineering services, document production, bidding-related services, and construction observation
services, and such other services as may be necessary to assist the City in the design and construction of
the Project, within the limits the City has budgeted or will budget therefor, and in compliance with the
Project Facility Program,which is hereby made a part of this Agreement for all purposes.Architect agrees
that upon execution of this Agreement, it will submit to City within ten(10)days a list of all additional
consultants it intends to utilize, not previously identified in Architect's proposal, delineating their
respective tasks.All of Architect's consultants shall be subject to the approval of the City through its City
Manager, and City reserves the right to reject any consultant.Architect shall perform all work hereunder
in a manner satisfactory and acceptable to the City, represented by its City Manager or his designee,
hereinafter referred to as "Director." A Performance Schedule shall be agreed to by Architect and
Director,and Architect agrees to use its best efforts to complete all services hereunder in accordance with
such Performance Schedule.All services shall be performed to the highest professional standard.
2.02 Schematic Design Phase. Architect shall provide the following Schematic Design Phase
Services: as delineated in the Agreement this document supplements and herein.
2.03 Design Documents Phase. Architect shall provide the following Design Documents Phase 1
Services: as delineated in the Agreement this document supplements and herein,and as follows:
2
(1) Architect shall prepare Design Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work, said Design Documents to
include adequate specifications for elements of the Project for consideration and approval
by Director. Five (S) copies each of said documents will be submitted to City, each
consisting of drawings and other documents to fix and describe the size, cross sections
and character of the Project as to architectural, structural, mechanical and electrical
systems, materials, and such other essentials as may be necessary and appropriate. Said
documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means
of plans, sections and elevations, typical construction details, and equipment layouts.
Said documents shall include outline specifications that identify major materials and
systems and establish in general their quality levels.The Design Document Phase shall be
completed within the agreed Performance Schedule.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in a
form acceptable to Director. Any variance in the estimated construction costs that will
adversely affect the established Project Budget will be submitted to Director with
appropriate comments and recommendations prior to beginning the Construction
Documents Phase.
2.04 Construction Documents Phase. Architect shall provide the following Construction
Documents Phase Services: as delineated in the Agreement this document supplements and herein,and as
follows:
(1) Architect shall prepare from the approved Design Development Documents and updated
budget for the Cost of the Work, for consideration of and approval by Director,
Construction Documents, which documents shall set forth in detail the requirements of
the entire Project, including the necessary bidding information prepared in such a way to
allow City, if it so desires, to advertise for the award of one or more contracts for the
construction and completion of the entire Project, or any phase thereof, and Architect
shall assist City in preparation of the Bidding Forms, shall utilize without modification
City's standard General and Supplementary General Conditions, and shall draft all
Special Conditions of the Contract. City's standard form of Contract between City and
the Contractor shall also be utilized, along with City's form of Bid Bond, Performance
Bond and Payment Bond. Architect shall also compile the Project Manual that includes
the Conditions of the Contract for Construction acid Specifications and may include
bidding requirements and sample forms. City shall provide all standard documents for
Architect to include in the Project Manual.
(2) Architect shall furnish City in writing a revised Statement of Probable Construction Cost,
indicating cost changes resulting from changes in Project requirements or general market
conditions,in a form acceptable to Director.
(3) Architect shall file five (5) complete sets of proposed Construction Documents with
Director for review and official approval prior to the advertisement of bids for the
construction of the Project, and within the agreed Performance Schedule following
approval of the Design Documents.Following approval,Architect shall prepare and have
on hand additional sets as needed for bidding purposes. Should additional sets be
3
required,Architect will be reimbursed for same as an eligible reimbursable expense,upon
approval in advance by City. Architect shall also file with Director at said time, the
following items:
(a) Tracing of the Project Title Sheet, signed by Architect, with seal affixed. (This
tracing shall be returned to Architect to print contract documents when the
signatures of City officials have been properly affixed).
(b) Two(2)copies of detailed cost estimates in a form acceptable to City.
(c) Four (4) unbound copies of the approved Project Construction Manual for
subsequent binding with signed construction contracts. The Project Construction
Manual shall include General and Supplementary General Conditions;
Specifications and Special Provisions; Advertisement, Instructions to Bidders
and Bid Proposal Form; City's Bid Bond, Contract, Performance and Payment
Bond Forms; approved Wage Rates; Federal regulations if applicable to the
Project;and other required documents for construction of the Project.
(4) Architect shall be solely responsible for obtaining the prior approval of the Texas
Department of Licensing and Regulation prior to submittal of all Construction
Documents to City for approval. Any fees charged by the Department for this approval
shall be paid by Architect as a reimbursable expense.
2.05 Bidding and/or Negotiation Phase. Architect shall provide the following Bidding/Negotiation
Services: as delineated in the Agreement this document supplements and herein,and as follows:
Following City's approval of the Construction Documents and of the latest Statement of Probable
Construction Cost, Architect shall assist City in awarding a construction contract following legal public
bid requirements. Architect shall arrange for procuring the reproduction of Bidding Documents,
distributing same to prospective bidders, and maintaining records. Owner shall be responsible for
payment for the costs of reproduction of such documents, either directly or through reimbursement to
Architect.During the bid process,Architect shall assist City as follows:
(1) Jointly conducting pre-bid conferences, including on-site visits as required, to endeavor
to assure that bidders understand the Construction Documents, the various on-site
conditions,and the coordination and scheduling requirements.
(2) Preparing responses to questions from prospective bidders, and providing clarifications
and interpretations of the Bidding Documents to all prospective bidders in the required
form of addenda to Contract Documents.
(3) Assisting in the opening of bids,tabulation and evaluation of bids received,and advising
on award of the contract.
(4) Jointly conducting pre-award conferences where necessary.
Architect's assistance to City shall include submitting written reviews and recommendations for
awards based upon the acceptability of bids; and, if required by City, more detailed analyses of specific
bids.Reviews shall also consider the responsiveness of bids and their conformity with Bid Documents.
4
2.06 Construction Observation Phase. Architect shall provide the following Construction
Observation Phase Services: as delineated in the Agreement this document supplements and herein, and
as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one-year warranty inspection of the completed Project, correction of all
defects in Project materials and workmanship, and resolution of all Project-related claims and disputes.
During the Construction Phase,Architect shall provide the following services:
(1) Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially modified
without Architect's written consent.
(2) Architect shall review properly prepared,timely requests by the Contractor for additional
information about the Contract Documents. A properly prepared request for additional
information about the Contract Documents will be in a form prepared or approved by
Architect and will include a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification
requested.
(3) If deemed appropriate by Architect,Architect will on Owner's behalf prepare,reproduce
and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and initial decisions, Architect will
endeavor to secure faithful performance by both Owner and the Contractor,will not show
partiality to either,and will not be liable for the results of interpretations or decisions so
rendered in good faith.
(5) Architect shall render initial decisions on claims, disputes or other matters in question
between Owner and the Contractor as provided in the Contract Documents. However,
Architect's decisions on matters relating to aesthetic effect will be final only if consistent
with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all deviations from the Contract Documents and most
recent construction schedule submitted by the Contractor. However,Architect will not be
responsible for the Contractor's failure to perform work in accordance with requirements
of the Contract Documents. Architect will be responsible for Architect's acts or
omissions,but will not have control over or charge of and will not be responsible for acts
or omissions of the Contractor Subcontractors or their agents or employees,or an other
> gY
persons or entities performing portions of the work.
(7) Architect will at all times have access to the work wherever it is in preparation or in
progress.
5
I
(8) Owner will endeavor to communicate with the Contractor through Architect about
matters arising out of or relating to the Contract Documents. Communications by and
with Architect's subconsultants will be through Architect.
(9) Architect,as a representative of City,shall advise and consult with Director and will keep
City informed in writing through him of the progress of the Project, including percent
complete on a monthly basis, during the Constriction Phase, and after issuance of the
"work order"to proceed with the work,all of City's instructions to its Contractors will be
issued through Architect. Architect will have authority to act on behalf of Owner only to
the extent provided in this Agreement unless otherwise properly modified by written
amendment.
i
(10) Architect shall provide,during construction,adequate and competent on-site construction
observation,periodically visiting the site to the extent necessary to personally familiarize
itself with the progress and quality of the work, and to determine if the work is
proceeding in accordance with the Contract Documents. Architect's site observations
may be conducted with Owner's designated representative to check conformance of the
work with the requirements of the Contract Documents and to verify the accuracy and
completeness of the list submitted by the Contractor of work to be completed or
corrected. Field Reports of each visit shall be prepared by Architect and submitted to
City. Architect shall employ all reasonable measures to safeguard City against defects
and deficiencies in the work of the Contractor. Architect shall not be responsible for the
construction means, methods, techniques, sequences of procedures, nor for the safety
precautions and programs employed in connection with the work. However, Architect
will immediately inform Director whenever defects and deficiencies in the work are
observed, or when any observed actions or omissions are undertaken by the Contractor
which are not in the best interests of City and the Project.
(11) Based on such observations at the site and on the Contractor's Application and Certificate
for Payment,Architect shall determine,monthly,the amount owing to the Contractor and
shall certify and forward the Contractor's Application and Certificate for Payment to
Director for approval and payment. These certifications shall constitute a representation
by Architect to City, based on observations at the site and other data comprising the
application for payment,that the work has progressed to the point indicated; that to the
best of Architect's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents (subject to an evaluation of the work as a
functioning whole upon substantial completion, to the results of any subsequent tests
required by the Contract Documents, to minor deviations from the Contract Documents
correctable prior to Project completion, and to any specific qualifications stated in the
Certificate);and that the Contractor is entitled to payment in the amount certified.
(12) Architect shall have authority to reject work which does not conform to the Contract
Documents. Whenever Architect considers it necessary or advisable, Architect will have
authority to require inspection or testing of the work in accordance with the provisions of
the Contract Documents,whether or not such work is fabricated, installed or completed.
However, neither this authority of Architect nor a decision made in good faith either to
exercise or not exercise such authority shall give rise to a duty or responsibility of
Architect to the Contractor, Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing portions of the work.
6
(13) Architect shall make recommendations on all claims and disputes of City or the
Contractor relating to the execution and progress of the work or the interpretation of the
Contract Documents, based upon such review and analysis by Architect as may
reasonably be required. In the event of litigation, where Architect is named as an
additional party with the City, such assistance will include the availability of
knowledgeable witnesses in the employ of Architect for expert testimony.
(14) Architect shall use its best efforts to promptly review and approve or reject shop
drawings, product data and samples and other submissions of the Contractor for
conformance only with the design concept of the Project and with the information given
in the Contract Documents. Architect shall establish and implement precise procedures,
to be approved by City's Director, for expediting the processing and approval of these
submissions without delay. Prompt review by Architect of submissions is of prime
importance to City and an absolute necessity under the time constraints of the Project.
(1 S) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in six(6)copies,after review and approval by City. Each Change
Order shall be specific and final as to prices and extensions of time,with no reservations
or other provisions allowing for future additional money or time as a result of the
particular changes identified and fully compensated in the Change Order. Architect's
compensation for preparation of Change Orders, if any, shall be determined by Section
2.09(1)below.
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director City's a for Ci royal and payment. In
Pp
addition,Architect shall make inspection of the Project at least thirty(30)days before the
expiration of the one(1)year warranty contained in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor
and major Subcontractors. Minutes of same shall be prepared by Architect with copies
I
submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work,consistent
with the Contract Documents, and not involving an adjustment in the Contractor's bid
price or an extension of the Project Schedule. Such changes shall be accomplished by
Field Order. In addition, Architect may issue written Field Orders which interpret the
Plans and Specifications,with copies submitted to City's Director.
(19) Architect shall assemble and deliver to City a set of reproducible Record Construction
Drawings showing significant changes in the work during the construction process and
final location of mechanical and electrical service lines and outlets, based upon marked-
up prints of drawings and other data furnished by the Contractor to Architect. Architect
shall provide Record Construction Specifications which will identify the changes in the
specifications on a sheet,which sheet will be inserted at the beginning of each section to
which they pertain.
7
i
20 Architect shall obtain from the Contractor and forward to Owner the following: 1
consent of surety or sureties, if any, of reduction in or partial release of retainage or the
making of final payment; and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying Owner against liens.
2.07 Warranty Phase. Architect shall assist Owner in scheduling corrections to be made by the
Contractor during the warranty period. During the eleventh month following completion of the prime
general contract,Architect will arrange for a warranty inspection tour of the entire Project by authorized
representatives of City, the Subconsultants and of each prime contractor engaged on the Project.
Architect shall then prepare a list of work which needs to be done by each prime contractor to satisfy that
prime contractor's warranty obligations to City. For any non-warranty involvement of Architect,
payments shall be made based upon the Hourly Rate Schedule contained in this Agreement.
2.08 Project Representation Beyond Basic Services.In the event that circumstances should develop
whereby continuous, full-time representation at the Project site is required, the conditions under which
such representation shall be furnished and the Project Representatives selected, employed and directed
shall be governed by an additional written Supplemental Agreement between City and Architect.
2.09 Additional Services. Architect shall perform Additional Services, as requested by City, after a
not-to-exceed amount has been mutually agreed upon in writing by Director and Architect. Where City
Council or City Manager authorization is required, Architect shall not proceed until the appropriate
Resolution or directive for such Additional Services has been delivered. The following services are not
covered under Article II,which defines and outlines Architect's Basic Services.If any of these Additional
Services are authorized in writing by Director in advance of their performance, they shall be paid for in
the manner agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved plans
when the changes in approved Plans and Specifications are required by the City. If
changes are required to be made because of error,oversight,clarification,discrepancy,or
budget overruns in the work of Architect,City shall not be liable to compensate Architect
for Additional Services or expenses in such connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire or
other cause during construction,and furnishing professional services as may be required
in connection with the replacement of such work, unless damage was the result of
Architect's error.
(3) Providing other extraordinary professional services over and above the contract
requirements,where required and requested by City,including extraordinary professional
services which might result if the City decides to"fast-track"the Project. j
ARTICLE III
CITY'S REff9& IBILITIES
3.01 Full information.City shall provide full information regarding requirements for the Project.
3.02 Designate representatives. City shall designate, when necessary, representatives authorized to
act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining
thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
8
3.03 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor.Any charges which may be assessed
for tap fees will be paid by City and are not to be included by Architect in the Specifications for the
Project.
3.05 Miscellaneous items. City will also provide Architect with such items as the Project Facility
Program; two(2)copies of the City of Round Rock General and Supplementary General Conditions for
Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms,
Bid Advertisement Form, and such other information and materials as may be necessary and practicable
for the orderly and expeditious process of the work and the awarding of the Construction Contract.To the '
extent practicable,these documents shall be utilized in the preparation of the Construction Documents.
ARTICLE 1V
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project may not have been fully ascertained as of the date of making of these Contract Documents.
Architect, in consultation with City, shall determine what materials, equipment,component systems and
types of construction are to be included in the Contract Documents,and will make reasonable adjustments
in the scope of the Project to bring it within the limits when fixed.With City approval,Architect may also
include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the
lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost for the Project, City shall pay Architect fees for Basic Services in
accordance with this Agreement.
4.02 Procedures if Bid(s) Exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project,and as a result
thereof, or otherwise,the latest estimate of Probable Construction Cost exceeds such fixed limit of total
Budgeted Construction Cost for the Project, City at its option may either(1)give written approval of an
increase in such fixed limit, with no obligation to increase Architect's fee, or (2) authorize rebidding
within a reasonable time,or(3)cooperate in revising the Project scope and quality as required to reduce
the Probable Construction Cost. In the case of(3),Architect,without additional charge,shall immediately
modify the Drawings and Specifications as necessary to bring the Project cost within the budgeted fixed
limit,or within any higher fixed limit subsequently authorized by City. Providing this service shall be the
limit of Architect's responsibility in this regard,and having done so,Architect shall be entitled to his fees
in accordance with this Agreement.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses, Reimbursable Expenses are included in the total not-to-exceed fee
delineated in the Agreement this document supplements and herein, and include actual expenditures at
actual costs made by Architects,their employees,or their consultants in the interest of the Project.
9
5.02 Travel, phone, postage, reproduction, etc. The following shall be reimbursable: reasonable
transportation and living expenses of principals and employees when traveling in connection with the
Project outside of Round Rock, Texas, essential long distance calls and telegrams, fees paid for the
securing of approval of authorities having jurisdiction over the Project, postage, and reproduction of
Drawings and Specifications,excluding copies for Architect's office use and the required number of sets
at each phase of the work for City's review.
5.03 Overtime. If authorized in advance by City,the expense of extraordinary overtime work,not due
to Architect delays,requiring higher than regular rates,and renderings,slides,photographs or models for
the City's use shall be reimbursable.
5.04 Texas Department of Licensing and Regulation fees. Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Natural Resource Conservation Commission fees.Any related fees charged to Architect
by the Texas Commission on Environmental Quality shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design services is
authorized by City, (for example, special lighting and landscape consultants, special soil mechanics
engineers, communications consultants, etc.), fees for other than normally required architectural,
structural, mechanical, electrical and civil engineering services and the Basic Services hereinbefore
defined,shall be reimbursable.
ARTICLE V1
PAYMENTS TO THE ARCHITECT
6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly in j
proportion to the degree of completion of each phase, as delineated in the Agreement this document
supplements and herein.
As to the Construction Observation Phase fee apportionment, Architect shall invoice for equal
monthly payments based upon the contractually-stipulated Construction Period.
6.02 Reimbursable Expenses. Payments for authorized Reimbursable Expenses for Architect, as
hereinbefore referred to and in an amount not to exceed$3,500.00,shall be made following presentation,
review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions.No deductions shall be made from Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims,whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is
abandoned or suspended,in whole or in part,Architect is to be paid for the services performed on account
of it prior to receipt of written notice from City through its Director of such abandonment or suspension.
10
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director,Architect shall comply promptly with such request.In this regard, should Director
determine it necessary,Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
6.08 Offsets.City may,at its option,offset any amounts due and payable under this Agreement against
any debt (including taxes) lawfidly due to City from Architect, regardless of whether the amount due
arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due
to City has been reduced to judgment by a court.
ARTICLE VII
ARCHITECT'S ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining
to the Project,and records of accounts between City and Architect shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually convenient
times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully
understood by Architect that Director may cancel or indefinitely suspend further work hereunder or
terminate this Agreement either for cause or for the convenience of City,upon fifteen(15)days' written
notice to Architect,with the understanding that immediately upon receipt of said notice all work and labor
being performed under this Agreement shall cease.Architect shall invoice City for ail work satisfactorily
completed and shall be compensated in accordance with the terms of this Agreement for all work
accomplished prior to the receipt of said notice.No amount shall be due for lost or anticipated profits.All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall
become the property of City upon termination of this Agreement,and shall be promptly delivered to City
in a reasonably organized form without restriction on future use. Should City subsequently contract with a
new architect for continuation of services on the Project, Architect shall cooperate in providing
information.
8.02 Default.Nothing contained in Section 8.01 above shall require City to pay for any work which is
unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this
11
Agreement. City shall not be required to make any payments to Architect when Architect is in default
under this Agreement, nor shall this Article constitute a waiver of any right, at law and at equity,which
City may have if Architect is in default, including the right to bring legal action for damages or to force
specific performance of this Agreement.
ARTICLE IX
GENERAL,SUPPLEMENTARY AND SPECIAL CONDITIONS:
CONTRACT ADBIONTRATION
9.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary
General Conditions to AIA Document A201, "General Conditions of the Contract for Construction",are
to be used by Architect without modification;however,City may, upon prior consultation,approve of any
changes that may be necessary for specific cases or instances. Any special conditions pertaining to the
Project that are approved by City will be included under the Special Conditions portion of the
Construction Documents.
9.02 Contract Administration. This Agreement shall be administered on behalf of City by its City
Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute
arising hereunder shall be submitted to Director,whose decision in the matter shall be final and binding.
ARTICLE X
RESPONSIBILITY FOR WORK,INDEMNIFICATION AND INSURANCE
10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a
release of the responsibility and liability of Architect, its employees, subcontractors, agents and
consultants for the accuracy and competency of their Designs,Working Drawings, Specifications or other
documents and work; nor shall such approval be deemed to be an assumption of such responsibility by
City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other
documents prepared by Architect,his employees,subcontractors,agents and consultants.
10.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City, its
officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and
expenses for personal injury (including death), property damage or other harm for which recovery of
damages is sought, suffered by any person or persons, that may arise out of or be occasioned by
Architect's breach of any of the terms or provisions of this Agreement, or by any negligent act or
omission of Architect,his officers,agents,associates,employees or subconsultants, in the performance of
this Agreement, except that the indemnity provided for in this paragraph shall not apply to any liability
resulting from the sole negligence of City, its officers,agents, employees or separate contractors, and in
the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if
any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without,
however, waiving any governmental immunity available to City under Texas law and without waiving
any defenses of the parties under Texas law.The provisions of this paragraph are solely for the benefit of
the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
10.03 Indemnification (Patent and Copyright Claims). Architect agrees to completely defend and
indemnify City, its officers, agents and employees, against a claim that any of the Designs, Plans or
Specifications prepared by Architect, its employees, associates or subconsultants, pursuant to this
12
Agreement infringe a U.S.patent or copyright directly, indirectly or contributorily,regardless of whether
or not City is proven to have actively induced or contributed to the infringement. Architect will pay any
and all resulting costs,damages and attorney's fees finally awarded,provided that:
(1) City promptly notifies Architect in writing of the claim;and
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims, the City Attorney of City shall be
kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect's defense and indemnification under this section is conditioned on
City's agreement that if any of the designs,plans or specifications,become,or in
Architect's opinion are likely to become, the subject of such a claim, City will
permit Architect,at Architect's option and expense,either to procure the right for
City to continue using the designs,plans or specifications or to replace or modify
the some so that they become non-infringing; and if neither of the foregoing
alternatives is available on terms which are reasonable in Architect's judgment,
City,to the extent City is legally able to do so,will cease using the designs,plans
or specifications on written request of Architect, in which instance City has the
sole option to either require Architect to perform new design work at Architect's
sole expense,or to terminate this Agreement.
(c) Architect has no liability under this section for any claim of infringement based
upon the modification or alteration of the designs, plans or specifications
prepared under this Agreement subsequent to the Project by City, or by any
engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
10.04 Insurance.Architect,at Architect's sole cost,shall purchase and maintain during the term of this
Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars
($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable
to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Agreement to maintain
during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 10.04 above, including the required provisions and additional policy
conditions as shown below in Section 10.06, unless specifically waived by the City Manager. As an
alternative, Architect may include its subconsultants as additional insureds on its own coverages as
prescribed under these requirements. Architect's certificate of insurance shall note in such event that the
subconsultants are included as additional insureds and that the Architect agrees to provide Workers'
Compensation coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
13
I
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance I
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
10.06 Insurance Policy Endorsements.Each insurance policy under paragraph 10.04 shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non-
renewal or any material change in coverage, a notice thereof shall be given to City by
certified mail to:
City Manager,City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Architect shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation,non-renewal,or material change in coverage it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Architect.
(3) The Tenn "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions,Departments,and officers of City and the individual members,employees
and agents thereof in their official capacities,and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause"Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self-Insured Retentions of
whatever nature.
10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Architect shall be borne solely by Architect, with certificates of insurance evidencing such minimum
coverage in force to be filed with the City.
ARTICLE XI
COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES,ETC.
11.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall
comply with all applicable Federal and State Laws, the Chatter and Ordinances of the City of Round
Rock, as amended, and with all applicable rules and regulations promulgated by all local, State and
National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in
the performance of the professional services contracted for herein.
11.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder.City is qualified for exemption pursuant to the provisions of Section 151.309 of the
Texas Limited Sales,Excise,and Use Tax Act.
14
ARTICLE XII
TERM
12.01 Term.Unless sooner terminated in accordance with the applicable provisions hereof,or extended
by mutual agreement approved by City's Director, the term of this Agreement shall be from the date
hereof until final completion of the Project acid all architectural/engineering and construction
administration services in connection therewith, including the final one(1)year warranty inspection,and
resolution of any outstanding Project-related claims or disputes.
12.02 Project Performance Schedule. Architect understands that the Project Performance Schedule is
of critical importance, and agrees to undertake all necessary efforts to expedite the performance of
services required herein, so that construction of the Project will be commenced as scheduled. In this
regard,Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and
timely accomplish all services required under this Agreement in the highest professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers,
employees,agents,consultants and subcontractors will have no financial interest,direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
13.02 Coufidgntia),W. ARrchi*ct's reports, evaluations, designs, drawings„ data,'.end 814Other
documentation 'and work developed by Architect hereunder shall be kept confidential, and shall not be
disclosed to any third parties without the prior written consent and approval of City's Director.
ARTICLE XIV
GENERAL PROVISIONS
14.01 Time is of the Essence.Architect understands and agrees that time is of the essence and that any
failure of Architect to complete the services for each phase of this Agreement within the agreed Project
Performance Schedule will constitute a material breach of this-Agreements.Arobitectt shall be fully
responsible for its delays or for failures to use his best efforts in accordance Witt'tlid-terms of this
Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances,
City may withhold,to the extent of such damage, Architect's payments hereunder-*Who�t waiver of any
of City's additional legal rights or remedies.
14.02 Force Majeure.Neither City nor Architect shall be deemed in violation of this Agreement if it is
prevented from performing any of its obligations hereunder hyyeaeons for which it is not,responsible or
circumstances beyond its control. However, notice of such impediment or delay.iN ordnance must be
timely given,and all reasonable efforts undertaken to mit 44te its effects.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement.Architect shall not assign,sublet
or transfer any interest in this Agreement without prior written authorization ofCity's..Director.
14.04 Amendments.This Agreement, representing the entire agreement between the parties, may only
be amended or supplemented by mutual agreement of the parties hereto in writing.
15
14.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
City Manager,City of Round Rock Stephan L.Sheets,City Attorney
221 East Main Street and to: 309 East Main Street
Round Rock,Texas 78664 Round Rock,Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
KA Hickman Architects&Interior Designers
Keith A.Hickman,ATA,CEO and Principal
1517 East Palm Valley Boulevard
Round Rock,Texas 78664
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
P-4-12"44-0-AD F V approved by the City Council on Z. _, and KA
Hickman Architects & Interior Designers, signing by and through its d U-1yVauthorked representative,
thereby binding the patties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
CITY OF ROUND ROCK,TEXAS KA HICKMAN ARCHITECTS
&INTERIOR DESIGNERS
fm C_
By: gy. -
Alan McGraw,Mayor Keith A.Hickman,ATA,CEO and Principal
Date: Date:
FOR CITY,ATTEST:
By:
Sara L. kite,City'��fi1�L''
FOR CITY,APPROVED AST FORM:
By: ji
StephanV.Sheets,City Attorney
16
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS
78711-2337 OR 333 GUADALUPE, SUITE 2-350,AUSTIN,TEXAS 78701-3942,TELEPHONE(5 12)
305-9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS,
REGISTRATION LAW,TEXAS CIVIL STATUTES,ARTICLE 249x.
17
No Text