R-2022-347 - 10/27/2022 RESOLUTION NO. R-2022-347
WHEREAS, the City of Round Rock desires to retain professional architectural services and
design services related to the Griffith Building Remodel and Paseo Project, and
WHEREAS, McKinney Architects, Inc. has submitted a Standard Form of Agreement
Between Owner and Architect, Construction Manager as Constructor Edition ("Agreement"), to
provide said services, and
WHEREAS,the City Council desires to enter into said Agreement with McKinney Architects,
Inc.,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City a Standard
Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition, with
McKinney Architects, Inc., 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 27th day of October, 2022.
CRAIGORG Mayor
City of ound ck, Texas
ATTEST:
Qvjowabd at
MEAGAN SPI S, City Clerk
0112 20222',48609501-7242
EXHIBIT
"/t„
fa.,-AIAAIA Document B133- - 2019
Standard Form of Agreement Between Owner and Architect, Construction Manager as
Constructor Edition
AGREEMENT made as of the day of in the year two thousand
twenty-two ADDITIONS AND DELETIONS:
(rn words,indicate day,month and year.) The author of this document has
added Information needed for Its
BETWEEN the Architect's client identified as the Owner: completion.The author may also
(Name,legal statics,address, and other information) have revised the text of Ole original
AIA standard farm.An Additions and
City of Round Rock Deletions Report that notes added
221 East Main Street information as well as revisions to the
Round Rock,Williamson and Travis Counties,Texas 78664 standard form text is ave9able from
the author and should be reviewed.A
and the Architect: verboal line in the left margin of this
(Name,legal status,address,and other information) document Indicates where the author
has added necessary information
McKinney Architects Inc.dba McKinney York Architects and where the author has added to or
1301 East 7ib Street deleted from the original AIA text.
Austin,TX 78702 This document hes important legal
512476-0201 consequences.Comultaton with an
attorney is encouraged with respect
for the following Project: to Its completion or moditkallon.
(Name, location,and detailed description) This document is Intended to be used
In conlunctlon with AIA Documents
Round Rock Griffith Building and Paseo ,,,
216 and 212 E.Main Street the Contract
General coon; rte of
Ne Contract for Construction;
Round Rock,TX 78664 A133-2019ne Standard Foran of
Agreement Between Owner and
The Construction Manager(if known): Construction Manager as
(Name,legal status,address,and other information) Constructor where the basis of
payment Is the Cost of the Work Plus
Unknown as of the date of this Agreement. a Fee with a Guaranteed Maximum
Price;and A134-2019^'Standard
The Owner and Architect agree as follows. Foran of Agreement Between Owner
and Construction Manager as
Constructor where the basis of
payment Is the Coat of the Work Plus
a Fee without a Guaranteed
Maximum Price.AIA Document
A201--2017 is adopted In this
document by reference.Do not use
with other general conditions unless
this document Is modified.
Inst AU Document 6133'-2019.Copyright 02014.and 2019 by The Amedoan Institute of Amltlmuls.All righla reserved The'Amedcan nnsetute�I Architects'
'AWthe AIA Logo and'AIA Contract Documents"are registered lrademarts and may not to used without perm sslon This dootmem wee produced by AIA
sellwere at 18:1120 CT on 10/00/2022 under Osler No.2114238131 which exam on 10I081=2,Is not for resale,Is Iloemed for one rime use only,and mayonly
/ be used in e000rdence with the AIA Conbacl Dowmmitss Terms of 9eMce.To spat copyright vbleibns,e-mei oopydghf@aie org.
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TABLE OF ARTICLES
1 INITULL INFORMATION
2 ARCHITECT'S RESPONSIBILITIES
3 SCOPE OF ARCHITECT'S BASIC SERVICES
4 SUPPLEMENTAL AND ADDITIONAL SERVICES
5 OWNER'S RESPONSIBILITIES
6 COST OF THE WORK
T COPYRIGHTS AND LICENSES
8 CLAIMS AND DISPUTES
9 TERMINATION OR SUSPENSION
10 MISCELLANEOUS PROVISIONS
11 COMPENSATION
12 SPECIAL TERMS AND CONDITIONS
13 SCOPE OF THE AGREEMENT
ARTICLE 1 INITIAL INFORMATION
11.1 This Agreement is based on the Initial Information set forth in this Section I.I.
(For each item in this section, insert the information or a statement such as"not applicable"or"unknown at time of
execution.")
§ 1.1.1 The Owner's program for the Project:
(Insert the Owner's program,identify documentation that establishes the Owner's program,or state the manner in which
the program will be developed.)
The project is generally envisioned as the remodel of the approximately 44,000 square foot Griffith Building on
City-owned property located at 216 E.Main Street.The project also includes a Paseo to be located adjacent to the Griffith
Building on the location where Palm House currently sits.The Palm House will be relocated prior to construction of the
Paseo.Relocation planning for the Palm House beyond that described in the PROGRAMMING SERVICES;SITE
EVALUATION,FACILITY CONDITION ASSESSMENT,AND PRELIMINARY FEASIBILITY SERVICES;and
EXISTING CONDITION DOCUMENTATION Supplemental Services,collectively,Pre-Design Services,is not a pan
of the Project,The Paseo will be the gateway connecting two major downtown family locations,Prete Plaza and the new
Library green space.
§ 1.1.2 The Project's physical characteristics:
(Identify or describe pertinent information about the Project's physical characteristics,such as size;location;
dimensions;geotechnical reports;site boundaries;topographic surveys;traffic and utility studies;availability ofpublic
and private utilities and services;legal description of the site,etc)
The Griffith Building is approximately 44,000 square feet on two levels.The existing site,including 212 and 216 E Main
Street is approximately 58,000 square feet.
§ 1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1:
(Provide total and,ifknown,a line item breakdown)
Init. 'W Document 8133"—2019.Copyright 02014,and 2019 by The Amer wn IrmaWta ofArchltepy.M fight;reserved.The'Amar�an Institute of l nilects'
'AIA,'the AIA Logo and WA Contract Documents'are registered IrademaMs and may not be used mt1bo0 peonlsslon This dominent WBS produced by AIA 2
softwe at 18:1120 Grob 10001/2022 older Order No.211<238131 Which expires on 70,0612022,Is rot forresele,is licensed foronbame use only,and may onty
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Thirteen Million Dollars(S13,000,000)exclusive of the relocation of the Palm House.
§ 1.1.4 The Owner's anticipated design and construction milestone dates:
.1 Design phase milestone dates,if any:
.2 Construction commencement date:
.3 Substantial Completion date or dates:
.4 Other milestone dates:
§ 1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement:
(Indicate agreement type)
[X J AIA Document A133 2019,Standard Form of Agreement Between Owner and Construction Manager
as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed
Maximum Price or a customized version of that agreement coordinated with this Agreement acceptable
to the Architect,which acceptance shall not be reasonably withheld.
Q AIA Document A 134-2019,Standard Form of Agreement Between Owner and Construction Manager
as Constructor where the basis of payment is the Cost of the Work Plus a Fee without a Guaranteed
Maximum Price.
§ 1.1.8 The Owner's requirements for accelerated or fast-track design and construction,or phased construction are set
forth below:
(List number and type of bid tprocltrement packages.)
The Owner anticipates that the Project may proceed in two phases,one for the renovation of the Griffith Building,and a
second Project for the Paseo.It is anticipated however,that the construction documents for each will be developed along
similar schedules and that construction of each could overlap.
§ 1.1.7 The Owner's anticipated Sustainable Objective for the Project:
(Identify and describe the Owner's Sustainable Objectivefor the Project,if any)
Code minimums only.
§ 1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA
Document E234r 2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,into this
Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is
incorporated into this Agreement,the Owner and Architect shalt incorporate the completed E234-2019 into the
agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable
Objective.
§ 1.1.8 The Owner identifies the following representative in accordance with Section 5.4:
(List name,address,and other contact information)
Richard Will
City of Round Rock
Inst. AIA DocumsM 8133'-2019.CopyrghtO2014,and 2019 by The American Insaone of Archllxb.All rights reserved.The-Amanran Institute of Arrl,itects'
'AIA;the AIA Lope and-AIA Contract Dowmenti are registered trademarks aria may not be used without penMssgn This document was produced by AIA 3
software at 16:11:20 CT on IOM42022 under Order No 2114238131 which expires on 10/08121122,is not forreaele,Is licensed for onapme use only,and mayary
t be used In amordarrm with the AIA Contract Dowments•Tema of Service.To report mpydght violations,small oopyripht®ate.ota.
User Notes: (1181365553)
Building Construction Manager
General Services Division
212 Commerce Blvd
Round Rock,Texas 78664
Office:512-341-3311
richudwill@rowdrmktcxas.gov
§ 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Architect's
submittals to the Owner are as follows:
(List name,address, and other contact information.)
None
§ 1.1.10 The Owner shall retain the following consultants and contractors:
(List name,legal status,address, and other contact information.)
.1 Construction Manager:
(The Construction Manager is identified on the cover page.If a Construction Manager has not been
retained as of the date ofthis Agreement,state the anticipated date ofretention.If the Architect is to assist
the Owner in selecting the Construction Manager,complete Section 4.1.1.1)
None selected as of the date of this Agreement.The Owner anticipates retaining a Construction Manager
prior to the end of January 2023.
.2 Land Surveyor:
N/A
.3 Geotechnical Engineer:
None selected.
.4 Civil Engineer:
N/A
.5 Other consultants and contractors:
(List any other consultants and contractors retained by the Owner.)
None identified as of the date of this Agreement.
§ 1.1.11 The Architect identifies the following representative in accordance with Section 2.4:
(List name,address,and other contact information)
Andrew Green,AIA
Associate,McKinney York Auchitects
1301 E.71,Street
Austin,TX 78746
512-852-0268
agreen@mckinneyyork.com
§ 1.1.12 The Architect shall retain the consultants identified in Sections 1.1.12.1 and 1.1.12.2:
(List name, legal status,address,and other contact information)
§ 1.1.12.1 Consultants retained under Basic Services:
.1 Structural Engineer:
Init. AIA Document 8133'-2010.Copyright 02014.and 2019 by The American!neBWte of ArGintedo.All rights reserved.The-American Institute of Architws.'
•AIA,'ths AIA logo.and*AIA Conlrscl Oowments'are registered trademarks and may not be used without permission This dccumentwae produced by AIA 4
softwere at 18:11:20 CT on 10f04/2022 under Order No.2114238131 which expires on 1008/2022,la not for resets,Is licensed foraneama Ina only.and mayonly
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Structures
.2 Mechanical Engineer:
Cleary Zimmerman
.3 Electrical Engineer:
Cleary Zimmerman
§ 1.1.12.2 Consultants retained under Supplemental Services:
Civil Engineer:2P Consultants
Landscape Architect:Lionheart Places
Preservation Consultant:Sharon E.Fleming,AIA
Technology/Acoustics Consultant(Data,Communications,AV,Acoustical,Electronic Security):DataCom Design
Group
Surveying&3D ScanningBuilding Information Modeling:Surveying and Mapping(SAM)
Building Enclosure:Terracon
Cost Estimating:AGICM
§ 1.1.13 Other Initial Information on which the Agreement is based:
It is understood that the budget,scope,or other substantive component of the project may be changed as a result of the
Pre-Design Services efforts.The Owner and the Architect mutually agree to cooperatively negotiate equitable
adjustments to the compensation to fairly reflect such substantive changes to the project.Any adjustments to
compensation shall be performed under a Supplemental Agreement executed by the parties.
11.2 The Owner and Architect may rely on the Initial Information.Both parties,however,recognize that the Initial
Information may materially change and,in that event,the Owner and the Architect shall appropriately adjust the
Architect's services,schedule for the Architect's services,and the Architect's compensation.The Owner may adjust the
Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones,as necessary,to
accommodate material changes in the Initial Information pursuant to a a Supplemental Agreement executed by the
parties..
§ 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other
information or documentation in digital form.The parties will use AIA Document E203T"-2013,Building Information
Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of
digital data.
§ 1.3.1 Any use of,or reliance on,all or a portion of a building information model without agreement to protocols
governing the use of,and reliance on,the information contained in the model and without having those protocols set forth
in AIA Document E203Tsf-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA
Document G202Tx-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's
sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the
building information model,and each of their agents and employees.
tun. AIA Document I3133'-2019.CopYdghtOM4,and 2819 by Tire Amadran lreabae of Archdegs.All rights reserved.The'Amorcan lnselumolAointects'
'AIA,'rhe AIA Logo,and'AIA ConVad Documents'are registered trademarks and may not be used without permission This document wag produced by AIA 5
software at 18.1120 CT an 10xDMO22 under Order No.2114239131 whlM expires on 10/0812022,Is not for resale.Is licensed for oneo-gme use only,and may only
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ARTICLE 2 ARCHITECT'S RESPONSIBILITIES
12.1 The Architect shall provide professional services as set forth in this Agreement.The Architect represents that it is
properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement,or
shall cause such services to be performed by appropriately licensed design professionals.
§ 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by
architects practicing in the same or similar locality under the same or similar circumstances.The Architect shall perform
its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.
§ 2.3 The Architect shall provide its smites in conjunction with the services of a Construction Manager as described in
the agreement identified in Section 1.1.5.The Architect shall cot be responsible for actions taken by the Construction
Manager.
12.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project.
§ 2.8 Except with the Owner's knowledge and consent,the Architect shall not engage in any activity,or accept any
employment,interest or contribution that would reasonably appear to compromise the Architect's professional judgment
with respect to this Project.
§ 2.6 Insurance.The Architect shall maintain the following insurance until termination of this Agreement.
§ 2.6.1 Commercial General Liability with policy limits of not less than two million dollars(S 2,000,000)for each
occurrence and four million dollars(S 4,000,000)in the aggregate for bodily injury and property damage.
§ 2.8.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits
of not less than two million dollars(S 2,000,000)per accident for bodily injury,death of any person,and property damage
arising out of the ownership,maintenance and use of those motor vehicles,along with any other statutorily required
automobile coverage.
§ 2.6.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile
Liability through a combination of primary and excess or umbrella liability insurance,provided such primary and excess
or umbrella liability insurance policies result in the same or greater coverage as the coverages required under
Sections 2.6.1 and 2.6.2,and in no event shall any excess or umbrella liability insurance provide narrower coverage than
the primary policy.The excess policy shall not require the exhaustion of the underlying limits only through the actual
payment by the underlying insums.
§ 2.6.4 Workers'Compensation at statutory limits.
§ 2.6.5 Employers'Liability with policy limits not less than one million dollars(S 1,000.000)each accident,one million
dollars(S 1,000,000)each employee,and one million dollars(S 1,000,000)policy limit.
§ 2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,
with policy limits of not less than two million dollars(S 2,000,000)perclaim and two million dollars(S 2,000,000)in the
aggregate.
§ 2.6.7 Additional Insured Obligations.To the fullest extent permitted by law,the Architect shall cause the primary and
excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an
additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions.The additional
insured coverage shall be primary and noncontributory to any of the Owner's insurance policies and shall apply to both
ongoing and completed operations.
§ 2.8.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements
in this Section 2.6.
Init. AIA Document 13133'-2018.copyright 02014,and 2019 by The Annerlwn Institute of Architects.All tights reserved.The'Areencen fnsutute of Arditects,'
'A'A.'the AlA log n.aM-AIA Contract Documents'are registered trademarks a nd may not bo used wtoul penTesslon ThlsdeWrtMntwasproducedby AIA 6
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ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES
§ 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary
structural,mechanical,and electrical engineering services.Services not set forth in this Article 3 are Supplemental or
Additional Services.
§ 3.1.1 The Architect shall manage the Architect's services,research applicable design criteria,attend Project meetings,
communicate with members of the Project team,and report progress to the Owner.
§ 3.1.2 The Architect shall coordinate its services with those services provided by the Owner,the Construction Manager,
and the Owner's consultants.The Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,
completeness,and timeliness of,services and information furnished by the Owner,the Construction Manager,and the
Owner's consultants.The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of
any error,omission,or inconsistency in such services or information.
§ 3.1.3 As soon as practicable after the date of this Agreement,the Architect shall submit,for the Construction Manager's
review and the Owner's approval,a schedule for the performance of the Architect's services.The schedule shall include
design phase milestone dates,as well as the anticipated dates for the commencement of construction and for Substantial
Completion of the Work as set forth in the Initial Information.The schedule shall include allowances for periods of time
required for the Owner's review,for the Construction Manager's review,for the performance of the Construction
Manager's Preconstnrction Phase services,for the performance of the Owner's consultants,and for approval of
submissions by authorities having jurisdiction over the Project.Once approved by the Owner,time limits established by
the schedule shall not,except for reasonable cause,be exceeded by the Architect or Owner.With the Owner's approval,
the Architect shall adjust the schedule,if necessary,as the Project proceeds until the commencement of construction.
§ 3.1A The Architect shall submit information to the Construction Manager and participate in developing and revising the
Pmject schedule as it relates to the Architect's services.The Architect shall review and approve,or take other appropriate
action upon,the portion of the Project schedule relating to the performance of the Architect's services.
§3.1.5 The Architect shall not be responsible for an Owner's directive or substitution,or for the Owner's acceptance of
nonconforming work,made or given without the Architect's written approval.
§ 3.1.6 The Architect shall,in coordination with the Construction Manager,contact governmental authorities required to
approve the Construction Documents and entities providing utility services to the Project The Architect shall respond to
applicable design requirements imposed by those authorities and entities.
§ 3.1.7 The Architect shall assist the Owner and Construction Manager in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over the Project.
§ 3.1.9 Prior to the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,or the
Owner's approval of the Construction Manager's Control Estimate,as applicable,the Architect shall consider the
Construction Manager's requests for substitutions and,upon written request of the Construction Manager,provide
clarification or interpretations pertaining to the Drawings,Specifications,and other documents submitted by the
Architect.The Architect and Construction Manager shall include the Owner in all official communications related to
substitution requests,clarifications,and interpretations.
§ 3.1.9 BIM and DocumentTransler:The Architect will develop project drawings utilizing Revit.The level of model
development will be determined by the Architect for the purpose of generating printed construction drawings.Model
development for other purposes will require additional fees.Electronic document transfers will be made in accordance
with Architect's standard protocols for the development,use,transmission,and exchange of digital data.
§3.2Review at the Cont ction Manager's Guaranteed Maximum Price Proposal or Control Estimate
§ 32.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall
prepare,for review by the Owner and Architect,and for the Owner's acceptance or approval,a Guaranteed Maximum
Price proposal.The Architect shall assist the Owner in reviewing the Construction Manager's proposal or estimate.The
Architect's review is not for the purpose of discovering errors,omissions,or inconsistencies;for the assumption of any
responsibility for the Construction Manager's proposed means,methods,sequences,techniques,or procedures;or for the
verification of any estimates of cost or estimated cost proposals.In the event that the Architect discovers any
Inst. AIA Document 9133"-2019.Capy1911102014,and 2019 by The Amedcan Institute of Atldtecte.All dghfs reserved.The'Amodcan nsalute of Architects'
'A A;the AIA logo.and'AIA Contract Documents are registered trademarks and may not be used without permission This document wee produced by AIA 7
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inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and
Construction Manager.
132.2 Upon authorization by the Owner,and subject to Section 4.2.1.14,the Architect shall update the Drawings,
Specifications,and other documents to incorporate the agreed upon assumptions and clarifications contained in the
Guaranteed Maximum Price Amendment.
13.3 Schematic Design Phase Services
§ 3.3.1 The Architect shall review the program,and other information furnished by the Owner and Construction Manager,
and shall review laws,codes,and regulations applicable to the Architect's services.
§ 3.3.2 The Architect shall prepare a preliminary evaluation of the Owner's program,schedule,budget for the Cost of the
Work,Project site,and other Initial Information,each in terns of the other,to ascertain the requirements of the Project.
The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2)other information or
consulting services that may be reasonably needed for the Project.
§ 3.3.3 The Architect shall present its preliminary evaluation to the Owner and Construction Manager and shall discuss
with the Owner and Construction Manager alternative approaches to design and construction of the Project.The Architect
shall reach an understanding with the Owner regarding the requirements of the Project.
§ 3.3.4 Based on the Project requirements agreed upon with the Owner,the Architect shall prepare and present,to the
Owner and Construction Manager,for the Owner's approval,a preliminary design illustrating the scale and relationship of
the Project components.
§ 3.3.5 Based on the Owner's approval of the preliminary design,the Architect shall prepare Schematic Design
Documents for Construction Manager's review and the Owner's approval.The Schematic Design Documents shall
consist of drawings and other documents including a site plan,if appropriate,and preliminary building plans,sections and
elevations;and may include some combination of study models,perspective sketches,or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in
writing.
§ 3.3.5.1 The Architect shall consider sustainable design alternatives,such as material choices and building orientation,
together with other considerations based on program and aesthetics at its sole discretions,in developing a design that is
consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may choose to obtain
more advanced sustainable design services as a Supplemental Service under Section 4.1.
§ 3.3.52 The Architect shall consider with the Owner and the Construction Manager the value of alternative materials,
building systems and equipment,together with other considerations based on program and aesthetics,in developing a
design for the Project that is consistent with the Owner's program,schedule,and budget for the Cost of the Work.
§ 3.3.8 The Architect shall submit the Schematic Design Documents to the Owner and the Construction Manager.The
Architect shall meet with the Construction Manager to review the Schematic Design Documents.
§ 3.3.7 Upon receipt of the Construction Manager's review comments and cost estimate at the conclusion of the
Schematic Design Phase,the Architect shall take action as required under Section 6.4,and request the Owner's approval
of the Schematic Design Documents.If revisions to the Schematic Design Documents are required to comply with the
Owner's budget for the Cost of the Work at the conclusion of the Schematic Design Phase,the Architect shall incorporate
the required revisions in the Design Development Phase.
§ 3.3.81n the further development of the Drawings and Specifications during this and subsequent phases of design,the
Architect shall be entitled to rely on the accuracy of the estimates of the Cost of the Work,which are to as set forth in the
Construction Manager's agreement with the Owner.
§ 3.4 Design Development Phase Services
§ 3.4.1 Based on the Owner's approval of the Schematic Design Documents,and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Design
Development Documents for the Construction Manager's review and the Owner's approval.The Design Development
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Documents shall be based upon information provided,and estimates prepared by,the Construction Manager and shall
illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and
other documents including plans,sections,elevations,typical construction details,and diagrammatic layouts of building
systems to fix and describe the size and character of the Project as to architectural,structural,mechanical and electrical
systems,and other appropriate elements.The Design Development Documents shall also include outline specifications
that identify major materials and systems and establish in general their quality levels.
§ 3A.2 Prior to the conclusion of the Design Development Phase,the Architect shall submit the Design Development
Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to
review the Design Development Documents.
§ 3.4.3 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Design
Development Phase,the Architect shall take action as required under Sections 6.5 and 6.6 and request the Owner's
approval of the Design Development Documents.
13.5 Construction Documents Phase Services
§ 3.5.1 Based on the Owner's approval of the Design Development Documents,and on the Owner's authorization of any
adjustments in the Project requirements and the budget for the Cost of the Work,the Architect shall prepare Construction
Documents for the Construction Manager's review and the Owner's approval.The Construction Documents shall
illustrate and describe the further development of the approved Design Development Documents and shall consist of
Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and
other requirements for the construction of the Work.The Owner and Architect acknowledge that,in order to perform the
Work,the Construction Manager will provide additional information,including Shop Drawings,Product Data,Samples
and other similar submittals,which the Architect shall review in accordance with Section 3.6.4.
§ 3.5.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the
Project into the Construction Documents.
§ 3.5.3 During the development of the Construction Documents,if requested by the Owner,the Architect shall assist the
Owner and Construction Manager in the development and preparation of(1)the Conditions of the Contract for
Construction(General,Supplementary and other Conditions),if required by Owner,and(2)a project manual that includes
the Conditions of the Contract for Construction and Specifications,and may include sample forms.
§ 3.5.4 Prior to the conclusion of the Construction Documents Phase,the Architect shall submit the Construction
Documents to the Owner and the Construction Manager.The Architect shall meet with the Construction Manager to
review the Construction Documents.
§ 3.5.5 Upon receipt of the Construction Manager's information and estimate at the conclusion of the Construction
Documents Phase,the Architect shall take action as required under Section 6.7,and request the Owner's approval of the
Construction Documents.
§ 3.6 Construction Phase Services
§ 3.6.1 General
§ 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Construction Manager as
set forth below and in AIA Document A201 Tm-2017,General Conditions of the Contract for Construction.If the Owner
and Construction Manager modify AIA Document A201-2017,those modifications shall not affect the Architect's
services under this Agreement unless the Owner and the Architect amend this Agreement.The term"Contractor"as used
in A201-2017 shall mean the Construction Manager.
§ 3.6.1.2 Subject to Section 4.2,the Architect's responsibility to provide Construction Phase Services commences upon
the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Owner's approval of
the Construction Manager's Guaranteed Maximum Price,or by a written agreement between the Owner and Construction
Manager which sets forth a description of the Work to be performed by the Construction Manager prior to such
acceptance or approval.Subject to Section 4.2,and except as provided in Section 3.6.6.5,the Architect's responsibility to
provide Construction Phase Services terminates on the date the Architect issues the final Certificate for Payment.
Inl4 AIA Do rnstd 0133.-2019.copyright 02014,and 2019 by The American lns0tute of Aniiltsex.All rights reserved.The'Ammeahins0luteof Architects'
'AA'the AlALogo end'AIA Contract Documents'are registersd trademarks and may hat be used without permsslon This document rma produced by AIA 9
wltwers at 16:11:20 CT on 1=40,22 ends,Order No.2114238131 which espbea on lhnal m,a not for resale,is licensed forom"hus use my.and nay only
r be used In ewordenoe wen the AIA Centred Documents-Tema of aervloe.To report copyright violations,o-mell wpydghl@ala.org.
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§ 3.6.1.3 The Architect shall advise and consult with the Owner and Construction Manager during the Construction Phase
Services.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement.
The Architect shall not have control over,charge of,or responsibility for the construction means,methods,techniques,
sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Architect be
responsible for the Construction Manager's failure to perform the Work in accordance with the requirements of the
Contract Documents.The Architect shall be responsible for the Architect's negligent acts or omissions,but shall not have
control over or charge of,and shall not be responsible for,acts or omissions of the Construction Manager or of any other
persons or entities performing portions of the Work.
§ 3.6.2 Evaluations of the Work
§ 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction pursuant to a schedule agreed
upon by the Owner and the Architect,or as otherwise required in Section 4.2.3,to become generally familiar with the
progress and quality of the portion of the Work completed,and to determine,in general,if the Work observed is being
performed in a manner indicating that the Work,when fully completed,will he in accordance with the Contract
Documents..On the basis of the site visits,the Architect shall keep the Owner reasonably informed about the progress and
quality of the portion of the Work completed,and promptly report to the Owner(1)known deviations from the Contract
Documents,(2)known deviations from the most meet construction schedule submitted by the Construction Manager,
and(3)defects and deficiencies observed in the Work.
§ 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents.Whenever the
Architect considers it necessary or advisable,the Architect shall have the authority after consultation with the Owner to
require inspection or testing of the Work in accordance with the provisions of the Contract Documents,whether or not the
Work is fabricated,installed or completed.However,neither this authority of the Architect nor a decision made in good
faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Construction Manager,Subcontractors,suppliers,their agents or employees,or other persons or entities performing
portions of the Work.
§ 3.6.2.3 The Architect shall interpret and decide matters concerning performance under,and requirements of,the
Contract Documents on written request of either the Owner or Construction Manager.The Architect's response to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
§ 3.62.4 Interpretations and decisions of the Architect shall be consistent with the intent of,and reasonably inferable
from,the Contract Documents and shall be in writing or in the form of drawings.When making such interpretations and
decisions,the Architect shall endeavor to secure faithful performance by both Owner and Construction Manager,shall not
show partiality to either,and shall not be liable for results of interpretations or decisions rendered in good faith.The
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the
Contract Documents.
§ 3.6.2.5 The Architect shall render initial decisions on Claims between the Owner and Construction Manager if provided
in the Contract Documents.
§ 3.6.3 Cerll6calea for Payment to Construction Manager
§ 3.6.3.1 The Architect shall review and certify the amounts due the Construction Manager and shall issue certificates in
such amounts.The Architect's certification for payment shall constitute a representation to the Owner,based on the
Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Construction Manager's
Application for Payment,that,to the best of the Architect's knowledge,information and belief,the Work has progressed
to the point indicated,the quality of the Work is in accordance with the Contract Documents,and that the Construction
Manager is entitled to payment in the amount certified The foregoing representations are subject to(1)an evaluation of
the Work for conformance with the Contract Documents upon Substantial Completion,(2)results of subsequent tests and
inspections,(3)correction of minor deviations from the Contract Documents prior to completion,and(4)specific
qualifications expressed by the Architect.
§ 3.6.32 The issuance of a Certificate for Payment shall not be a representation that the Architect has(1)made exhaustive
or continuous on-site inspections to check the quality or quantity of the Work in excess of on-site inspections agreed upon
by the Owner and the Architect,(2)reviewed construction means,methods,techniques,sequences or procedures,(3)
reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to
Init AIAoocumnk 8133'-2019.Copyright 02014.aad2019 by The Amedran lneaWle of Archlfects.Aarighla reserved.The-Amenran lnSlAule or A Iteas:
-AIA.'rbo AIA logo,and-AIA Contract Documents-are registered(raadmarks and may not be used wlllwul penalselon This dowment"s produced by AIA 16
sonwere at 18:11.20 CT on 101042072 under Order No.2114238131 wNoh esgm on 1010WO 2,6 not for male,to goensed for one-tlme useanly,and may only
1 be used In accordance wllh the AIA Contract DacumeuM Term of SeMos.To report mpydght vlob8ons,o- 11 copyrlght®ala.ag.
Lear Nobs: (11813eam)
substantiate the Construction Manager's right to payment,or(4)ascertained how or for what purpose the Construction
Manager has used money previously paid on account of the Contract Sum.
§ 3.8.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment.
§ 3.8.4 Submittals
§ 3.8.4.1 The Architect shall review the Construction Manager's submittal schedule and shall not unreasonably delay or
withhold approval of the schedule.The Architect's action in reviewing submittals shall be taken in accordance with the
approved submitral schedule or,in the absence of an approved submittal schedule,with reasonable promptness while
allowing sufficient time,in the Architect's professional judgment,to permit adequate review.
13.6.4.2 The Architect shall review and approve,or take other appropriate action upon,the Construction Manager's
submittals such as Shop Drawings,Product Data and Samples,but only for the limited purpose of checking for
confonmance with information given and the design concept expressed in the Contract Documents.Review of such
submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,
quantities,and installation or performance of equipment or systems,which are the Construction Manager's responsibility.
The Architect's review shall not constitute approval of safety precautions or construction means,methods,techniques,
sequences or procedures.The Architect's approval of a specific item shall not indicate approval of an assembly of which
the item is a component
§ 3.BA.3Ifthe Contract Documents specifically require the Construction Manager to provide professional design services
or certifications by a design professional related to systems,materials,or equipment,the Architect shall specify the
appropriate performance and design criteria that such services must satisfy.The Architect shall review and take
appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Construction
Manager's design professional,provided the submittals bear such professional's seal and signature when submitted to the
Architect The Architect's review shall be for the limited purpose of checking for conformance with information given
and the design Concept expressed in the Contract Documents.The Architect shall be entitled to rely upon,and shall not be
responsible for,the adequacy and accuracy of the services,certifications,and approvals performed or provided by such
design professionals.
§ 3.6.4.4 Subject to Section 42,the Architect shall review and respond to requests for information about the Contract
Documents.The Architect shall set forth,in the Contract Documents,the requirements for requests for information.
Requests for information shall include,at a minimum,a detailed written statement that indicates the specific Drawings or
Specifications in need of clarification and the nature of the clarification requested.The Architect's response to such
requests shall be made in writing within any time limits agreed upon,or otherwise with reasonable promptness.If
appropriate,the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests
for information.
§ 3.8.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Construction
Manager in accordance with the requirements of the Contract Documents.
§ 3.6.5 Changes In the Work
§ 3.8.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract
Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time.Subject to Section
4.2,the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and
execution in accordance with the Contract Documents.
13.6.5.2 The Architect shall maintain records relative to changes in the Work.
§ 3.8.6 Projed Completion
13.6.6.1 The Architect shall:
.1 conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion;
.2 issue Certificates of Substantial Completion;
.3 forward to the Owner,for the Owner's review and records,written warranties and related documents
required by the Contract Documents and received from the Construction Manager;and
init. AIA Document B/32'-2019.Copyright 02014,and 2019 by TheAmerlcan lnsdlute of ArMetle.All dghbretervse.The'Amedcan lnshMe of AmInItecin'
'AIA'me AIA Logo,and*AIA Contmcl Cowmenls'are re9islereii Imdemebs and may rot be used wthoul pe,missbn This document was produced by AIA 11
software at 16:11:20 CT on 70(0412022 under cater No.2114238131 which expires on 10106!2022,Is not for male,is licensed for on"ma use onty,and rimy ony
I be used In accordance with On AIA Coneect Docuhoentas Terme of aerAce To hoped copyright%ldlations.o•mal oopydght®ala.org.
User Notes: (1101365553)
.4 issue a final Certificate for Payment based upon a final inspection indicating that,to the best of the
Architect's knowledge,information,and belief,the Work complies with the requirements of the Contract
Documents.
§ 3.5.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the
requirements of the Contract Documents and(2)verify the accuracy and completeness of the list submitted by the
Construction Manager of Work to be completed or corrected.
13.6.0.3 When Substantial Completion has been achieved,the Architect shall inform the Owner about the balance of the
Contract Sum remaining to be paid the Construction Manager,including the amount to be retained from the Contract Sum,
if any,for final completion or correction of the Work.
§ 3.6.6.4 The Architect shall forward to the(Tuner the following information received from the Construction Manager:(1)
consent of surety or sureties,if any,to reduction in or partial release of retainage or the making of final payment;(2)
affidavits,receipts,releases and waivers of liens,or bonds indemnifying the Owner against liens;and(3)any other
documentation required of the Construction Manager under the Contract Documents.
§ 3.6.6.5 Upon request of the Owner,and prior to the expiration of one year from the date of Substantial Completion,the
Architect shall,without additional compensation,conduct a meeting with the Owner to review the facility operations and
performance.
ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES
14.1 Supplemental Services
§ 4.1.1 The services listed below are not included in Basic Services but may be required for the Project.The Architect
shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's
responsibility,and the Owner shall compensate the Architect as provided in Section 11.2.Unless otherwise specifically
addressed in this Agreement,if neither the Owner nor the Architect is designated,the parties agree that the listed
Supplemental Service is not being provided for the Project.
(Designate the Architect's Supplemental Services and the Owner's Supplemental Services required jos the Project by
indicating whether the Architect or Ownershall be responsible for providing the identified Supplemental Service.Insert a
description of the Supplemental Services in Section 4.1.2 below or attach the description ofservices as an exhibit to this
Agreement.)
Supplemental Services ResponslbllBy
Architect,Owner,or notprovidad)
§ 4.1.1.1 Assistance with Selection of Construction Manager Not Provided
4.1.1.2 Programming Architect
4.1.1.3 Multiple Preliminary Designs Not Provided
4.1.1.4 Existing Conditions Documentation Architect
Mow defeted
§ 4.1.1.5 Not Used r Not Used
ow deleted
14.1.1.6 Site evaluation,Facility Condition Assessment,and Architect
Preliminary Feasibilty
(Row deleted)
Inst. AIA Occurnsond 0133'—2019.GopylWk 0 2014,and 2019 by The American Institute of Ancintsals.Alt dghLe nevarvea.The'Amenctut Institute of Archnsess
'AIA'the AIA Logo and'AIA Contract Documanis'are reg slaved trademarks and may not be used wlliout peimisaion This document seas produced by ALA 12
software at 16:11:20 CT on 10/[142022 under Order Nu.2114238131 wNch ex0ree on IWM022,Is not for reaab,Is licensed far one-time use only,and Troy only
t be used In aceordance with the AIA Contract Doamentd Tema of Service.To report oapyrtght violation aar all apyripht®ale.e9,
User Netea: (1161365553)
4.1.1.7 Building Information Model management responsibilities Not Provided
§ 4.1.1.8 Development of Building Information Models for post Not Provided
construction use
4.1.1.9 Civil engineering Architect
4.1.1.10 Landscape design Architect
I 4.1.1.11 Architectural interior design Not Provided
I 4.1.1.12 Value analysis Not Provided
§ 4.1.1.13 Cost estimating beyond those included in Pre-Design Not Provided
Services
4.1.1.14 On-site tyroject representation Not Provided
I 4.1.1.15 Conformed documents for construction Architect
I 4.1.1.16 As-designed record drawings Architect
4.1.1.17 As-constructed record drawings Not Provided
I 4.1.1,18 Post-occupancy evaluation Not Provided
I § 4.1.1.19 Facility support services Not Provided
I § 4.1.1.20 Tenant-related services Not Provided
I6 4.1.1.21 Architect's coordination of the Owners consultants Not Provided
4.1.1.22 Telmommunications/data/AV/Acoustics design Architect
4.1.1.23 Security evaluation and planning Architect
I § 4.1.1.24 Commissiontn Architect
i §4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 Not Provided
§ 4.1.1.26 Historic preservation beyond those included in Pre-Design Not Provided
Services
4.1,1.27 Furniture furnishings,and equipment design Not Provided
I § 4.1.1.28 Other services provided by specialty Consultants Not Provided
4.1.1.29 Other Supplemental Services Not Provided
4.1.1.30 Project Visualization Architect
§ 4.1.2 Description of Supplemental Services
§ 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is
provided below.
(Describe in detail the Architects Supplemental Services identified in Section 4.1.1 or, ifset forth in an exhibit,identify
the exhibit. ne AIA publishes a number of Standard Form of Architect's Services documents that can be included as an
exhibit to describe the Architect's Supplemental Services.)
Pre-design Phase Supplemental Services:As described in Exhibits B and C.
Design and Construction Phase Supplemental Services:As described in Exhibit D.
§ 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided
below.
(Describe in detail the Owner's Supplemental Services identified in Section 4.1.1 or,if set forth in an exhibit,identify the
exhibit.)
Not applicable.
§ 4.1.3 Not used.
§ 4.2 Architect's Additional Services
The Architect may provide Additional Services not set forth in the Supplemental Services listed in Section 4.1,after
execution of this Agreement without invalidating the Agreement.Except for services required due to the fault of the
Architect,any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to
compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule.
tnit. AIA nocum"rn 13/33"-2019.Copyd9htO 2014.and 2079 by The American lrotlbaee/Amhltecls.Aariphtanserved.The'Aanencanlnsututeof Ar&nsus'
'A'A;the AIA Logo.and-AIA Contract Documents'are registered trademarks and may not be used without pendssion Thls documnnIms produced by AIA 13
soawaro at 16:11:20 CT on IW/2022 under Order No.211423e131 which ex:res w 1010812022,Is not for resale,Is licensed for one4me,use onty,and my only
y be used in acoordance with the AIA Contract Document"Terms of SeMce.To report eopydght vldatons,small mpyn9hl®ala.orq
Us"r Nob": (1181365553)
§ 42.1 Upon recognizing the need to perform the following Additional Services,the Architect shall notify the Owner with
reasonable promptness and explain the facts and circumstances giving rise to the need.The Architect shall not proceed to
provide the following Additional Services until the Architect receives the Owner's written authorization:
.1 Services necessitated by a change in the Initial Information,previous instructions or recommendations
given by the Construction Manager or the Owner,approvals given by the Owner,or a material change in
the Project including size,quality,complexity,the Owner's schedule or budget for Cost of the Work,or bid
packages in addition to those listed in Section 1.1.6;
2 Making revisions in Drawings,Specifications,or other documents(as required pursuant to Section 6.7),
when such revisions are required because the Construction Manager's estimate of the Cost of the Work,
Guaranteed Maximum Price proposal,or Control Estimate exceeds the Owner's budget,except where such
excess is due to changes initiated by the Architect in scope,capacities of basic systems,or the kinds and
quality of materials,finishes,or equipment;
.3 Services necessitated by the enactment or revision of codes,laws,or regulations,including changing or
editing previously prepared Instrwnents of Service;
.4 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of
applicable codes,laws or regulations that are either(a)contrary to specific interpretations by the applicable
authorities having jurisdiction made prior to the issuance of the building permit,or(b)contrary to
requirements of the Instruments of Service when those Instruments of Service were prepared in accordance
with the applicable standard of care;
.5 Services necessitated by decisions of the Owner or Construction Manager not rendered in a timely manner
or any other failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 Preparing digital models or other design documentation for transmission to the Owner's consultants and
contractors,or to other Owner.authorized recipients;
.7 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner or
Construction Manager,
.8 Preparation for,and attendance at,a public presentation,meeting or hearing;
.9 Preparation for,and attendance st,a dispute resolution proceeding or legal proceeding,except where the
Architect is party thereto;
.10 Consultation concerning replacement of Work resulting from fire or other cause during construction;or
.11 Assistance to the Initial Decision Maker,if other than the Architect;
.12 Services necessitated by replacement of the Construction Manager or conversion of the Construction
Manager a t constructor project delivery method to an alternative project delivery method;
.13 Services necessitated by the Owner's delay in engaging the Construction Manager,
.14 Making revisions to the Drawings,Specifications,and other documents resulting from agreed-upon
assumptions and clarifications included in the Guaranteed Maximum Price Amendment or Control
Estimate;and
.15 Making revisions to the Drawings,Specifications,and other documents resulting from substitutions
included in the Guaranteed Maximum Price Amendment or Control Estimate.
.16 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by
the Architect;
.17 Responding to the Construction Manager's requests for information that are not prepared in accordance
with the Contract Documents or where such information is available to the Construction Manager from a
careful study and comparison of the Contract Documents,field conditions,other Owner-provided
information,Construction Manager-prepared coordination drawings,or prior Project correspondence or
documentation;
.18 Preparing Change Orders,and Construction Change Directives that require evaluation of the Construction
Manager's proposals and supporting data,or the preparation or revision of Instruments of Service;
.19 Evaluating an extensive number of Claims as the Initial Decision Maker;or
.20 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent
revisions to Instruments of Service resulting therefrom.
§ 42.2
(Paragraphs deleted)
Not Used.
Init. AIA Documud11133'-2019.Copyright*2014.and 2019 by The American Institute of AndraKb All mghp resened.The'Amedcsn Institute of Architects'
'AIA'the AIA I ogo and-AIA Contract Documents'are registered hadsmarsa and may nol be used Mahout pormisalon This document was produrpd by AIA U
software at 19:11:20 CT on 7 010 4120 2 2 under Order No 2114239131 which eapaea on 10/092922,is not for resole,Is Ilcon"d for ontrUme use only,and may arty
1 be used In accordance with the AIA Connect Dorumemee Temp of 9eMce.To repos copyright Nolovane,wmau oopynght®ele.orp.
User Nolan: (1191395553)
§ 4.2.2 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional
Services.When the limits below are reached,the Architect shall notify the Owner:
.1 One(1 )review of each Shop Drawing,Product Data item,sample and similar submittals of the
Construction Manager
.2 Thirty-six(36)visits to the site by the Architect during construction
.3 One(1 )inspection for any portion of the Work to determine whether such portion of the Work is
substantially complete in accordance with the requirements of the Contract Documents
.4 One( I )inspections for any portion of the Work to determine final completion
.5 One(I)walkthrough at the completion of the project with the project's Registered Accessibilty Specialist
.6 One(1)walk0uough approximately I I months after substantial completion to make note of warranty items
§ 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in
Section 4.2.3,Construction Phase Services provided more than 60 days after(1)the date of Substantial Completion of the
Work or(2)the initial date of Substantial Completion identified in the agreement between the Owner and Contractor,
whichever is earlier,shall be compensated as Additional Services to the extent the Architect incurs additional cost in
providing those Construction Phase Services.
§ 4.2.5 If the services covered by this Agreement have not been completed within forty-four(44)months of the date of
this Agreement,through no fault of the Architect,extension of the Architect's services beyond that time shall be
compensated as Additional Services.
ARTICLE 5 OWNER'S RESPONSIBILITIES
§ 6.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely maoner
regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's
objectives;schedule;constraints and criteria,including space requirements and relationships;flexibility;expandability;
special equipment;systems;and site requirements.
16.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the
agreement selected in Section 1.1.5.
15.3 The Owner shall establish the Owner's budget for the Project,including(I)the budget for the Cost of the Work as
defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs.The
Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final
completion.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner
shall notify the Architect and Construction Manager.The Owner and the Architect,in consultation with the Construction
Manager,shall thereafter agree to a corresponding change in the Project's scope and quality.
§ 5.3.1 The Owner acknowledges that accelerated,phased or fast-track scheduling provides a benefit,but also carries with
it associated risks.Such risks include the Owner incurring costs for the Architect to coordinate and redesign portions of
the Project affected by procuring or installing elements of the Project prior to the completion of all relevant Construction
Documents,and costs for the Construction Manager to remove and replace previously installed Work.If the Owner
selects accelerated,phased or fast-track scheduling,the Owner agrees to include in the budget for the Project reasonable
contingencies to cover such costs.
15.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project.The
Owner shall tender decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
§ 5.5 Not Used.
§ 5.6 The(Tuner shall lomish services of geotechnical engineers,which may include test borings,test pits,determinations
of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground corrosion tests and
resistivity tests,including necessary operations for anticipating subsoil conditions,with written reports and appropriate
recommendations.
§ 6.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1.
tnit. AIA Deacument 8133'-2019.Copyright 02014,and 2019 by The AmMcen instlsas of Architects.Ad rights reserved.The'Ameriwn Institute of ArChiteus,'—
'AIA'the A A Loan and'AIA Contract Documenu'are reg stared trademarks and may not be used without perrnisslon Tho docureentwae produced by AIA 15
eoawre e119:11:20 CT on tON42022 under Order No.21/4238131 which espkee be 10!08/2022,is not for made.Is roamed for one-tlme use onty,and may only
I be used in accordance with Ore AIA CordreU Doarnentse Terms of SeMuce.To report copyriW Nolatione.smell oopyslgM@ale.ag.
user Notes: (I 181365W)
J 5.8 Not used.
§ 5.9 The Owner shall coordinate the services of its own consultants with those services provided by the Architect.Upon
the Architect's request,the Owner shall famish copies of the scope of services in the contracts between the(Tuner and the
Owner's consultants.The Owner shall furnish the services of consultants other than those designated as the responsibility
of the Architect in this Agreement,or authorize the Architect to furnish them as an Additional Service,when the Architect
requests such services and demonstrates that they are reasonably requited by the scope of the Project.The Owner shall
require that its consultants and contractors maintain insurance,including professional liability insurance,as appropriate to
the services or work provided
15.10 The Owner shall furnish tests,inspections and reports required by law or the Contract Documents,such as
structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials.
§ 5.11 The Owner shall furnish all legal,insurance and accounting services,including auditing services,that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
§ 5.12 The Owner shall provide prompt written notice to the Architect and Construction Manager if the Owner becomes
aware of any fault or defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of
Service.
§ 5.13 The Owner shall include the Architect in all communications with the Construction Manager that relate to or affect
the Architect's services or professional responsibilities.The Owner shall promptly notify the Architect of the substance of
any direct communications between the Owner and the Construction Manager otherwise relating to the Project.
Communications by and with the Architect's consultants shall be through the Architect.
§ 5.11 The Owner shall coordinate the Architect's duties and responsibilities set forth in the Agreement between the
Owner and the Construction Manager with the Architect's services set forth in this Agreement The Owner shall provide
the Architect a copy of the executed agreement between the Owner and Construction Manager,including the General
Conditions of the Contract for Construction.
§ 5.15 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall
obligate the Construction Manager to provide the Architect access to the Work wherever it is in preparation or progress.
§ 5.16 Within 15 days after receipt of a written request from the Architect,the Owner shall furnish the requested
information as necessary and relevant for the Architect to evaluate,give notice of,or enforce lien rights.
ARTICLE 6 COST OF THE WORK
16.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to Construct all elements of
the Project designed or specified by the Architect and shall include the Construction Manager's general conditions costs,
overhead,and profit.The Cost of the Work also includes the reasonable value of labor,materials,and equipment,donated
to,or otherwise furnished by,the Owner.The Cost of the Work does not include the compensation of the Architect;the
compensation of the Construction Manager for Preconstruction Phase services;the costs of the land,rights-of-way,
financing,or contingencies for changes in the Work;or other costs that are the responsibility of the Owner.
§ 6.2 The Owner's budget for the Cost of the Work is provided in the Initial Information,and shall be adjusted throughout
the Project as required under Sections 5.3 and 6.4.Evaluations of the Owner's budget for the Cost of the Work represent
the Architect's judgment as a design professional.
§ 6.3 The Owner shall require the Construction Manager to include appropriate contingencies for design,bidding or
negotiating,price escalation,and market conditions in estimates of the Cost of the Work.The Architect shall be entitled to
rely on the accuracy and completeness of estimates of the Cost of the Work the Construction Manager prepares as the
Architect progresses with its Basic Services.Upon agreement between the Owner and the Architect,the Architect shall
prepare,as an Additional Service,revisions to the Drawings,Specifications or other documents required due to the
Construction Manager's inaccuracies or incompleteness in preparing cost estimates,or due to market conditions the
Architect could not reasonably anticipate.The Architect may review the Construction Manager's estimates solely for the
Init. A1ADocumern 9133'-2019.Copyright C2014,and 2019 by The AmricanlnabWb of AndlRecl,.All right,reserved.The'Ameriun lnsatute or Arch lads;
'AIA,-Ire AIA Logo and WA Contract Documents'are registered trademarks and may not be used without permission This doctini we,produced by AIA 16
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Architect's guidance in completion of its services,however,the Architect shall report to the Owner any material
inaccuracies and inconsistencies noted during any such review.
§ 8.3.1 If the Architect is providing cost estimating services as a Supplemental Service,and a discrepancy exists between
the Construction Manager's cost estimates and the Architect's cost estimates,the Architect and the Construction Manager
shall work together to reconcile the cost estimates.
§ 6.41f,prior to the conclusion of the Design Development Phase,the Construction Manager's estimate of the Cost of the
Work exceeds the Owner's budget for the Cost of the Work,the Architect,in Consultation with the Construction Manager,
shall make appropriate recommendations to the Owner to adjust the Project's size,quality or budget for the Cost of the
Work,and the Owner shall make such adjustments at its sole discretion.
§ 6.51f the Construction Manager's estimate of the Cost of the Work at the conclusion of the Design Development Phase
exceeds the Owner's budget for the Cost of the Work,the Owner shall
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 terminate in accordance with Section 9.5;
.3 in Consultation with the Architect and Construction Manager,revise the Project program,scope,or quality
as required to reduce the Cost of the Work;or
.4 implement any other mutually acceptable alternative.
§ 6.6 If the Owner chooses to proceed under Section 6.5.3,the Architect,without additional compensation,shall
incorporate the revisions in the Construction Documents Phase as necessary to comply with the Owner's budget for the
Cost of the Work at the conclusion of the Design Development Phase Services,or the budget m adjusted under Section
6.5.1.The Architect's revisions in the Construction Documents Phase shall be the limit of the Architect's responsibility
under this Article 6.
§ 8.7 After incorporation of modifications under Section 6.6,the Architect shall upon agreement with the Owner,as an
Additional Service,make any required revisions to the Drawings,Specifications or other documents necessitated by the
Construction Manager's subsequent cost estimates,the Guaranteed Maximum Price proposal,or Control Estimate that
exceed the Owner's budget for the Cost of the Work,except when the excess is due to changes initiated by the Architect in
scope,basic systems,or the kinds and quality of materials,finishes or equipment.
ARTICLE 7 COPYRIGHTS AND LICENSES
§ 7.1 The Architect and the Owner warrant that in transmitting htstruments of Service,or any other information,the
transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such
information for its use on the Project
§ 72 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments
of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved
rights,including copyrights.Submission or distribution of instruments of Service to meet official regulatory requirements
or for similar purposes in Connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Arehitect's consultants.
§ 1.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and
exclusively for purposes of constructing,using,maintaining,altering and adding to the Project,provided that the Owner
substantially performs its obligations under this Agreement,including prompt payment of all sums due,pursuant to
Article 9 and Article 11.The Architect shall obtain similar nonexclusive licenses from the Architect's consultants
consistent with this Agreement.The license granted under this section permits the Owner to authorize the Construction
Manager,Subcontractors,Sub-subcontractors,and suppliers,as well as the Owner's consultants and separate contractors,
to reproduce applicable portions of the Instruments of Service,subject to any protocols established pursuant to Section
1.3,solely and exclusively for use in performing services or construction for the Project.If the Architect lawfully
terminates this Agreement for cause as provided in Section 9.4,the license granted in this Section 7.3 shall terminate.
§ 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service,
the Owner releases the Architect and Architect's consultants)from all claims and causes of action arising from such uses.
The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Architect and its consultants
from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third
hill. AtADocumaa9133--2019.Copyright 02014,end 2019 by The American Institute of Archllacto.All rights reserved.The'American Institute of Architects'
'AIA'the AIA Logo and'AIA Contract Documents'gra registered trademarks and may not be used without permission ThiodoNmentw9e produced by AIA 17
software at 19:11:20 CT on 10,002022 under Order No 2114238131 which expires on/0/0512022.Is not for resale,le yaraw for onetime use only,and my only
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person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this
Section 7.3.1.The terms of Oils Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause
under Section 9.4.
§ 7.4 Except for the licenses granted in this Article 7,no other license or right shall be deemed granted or implied under
this Agreement.The Owner shall not assign,delegate,sublicense,pledge or otherwise transfer any license granted herein
to another party without the prior written agreement of the Architect.Any unauthorized use of the Instruments of Service
shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
§ 7.5 Except as otherwise stated in Section 7.3,the provisions of this Article 7 shall survive the termination of this
Agreement.
ARTICLE 8 CLAIMS AND DISPUTES
§ 8.1 General
§ 6.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or
related to this Agreement,whether in contract,ton,or otherwise,in accordance with the requirements of the binding
dispute resolution method selected in this Agreement and within the period specified by applicable law.
§ 6.11 Not used.
§ 6.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and
against damages,losses and judgments arising from claims by third parties,including reasonable attorneys'fees and
expenses recoverable under applicable law,but only to the extent they are caused by the negligent acts or omissions of the
Architect,its employees and its consultants in the performance of professional services under this Agreement.The
Architect's obligation to indemnify and hold the Owner and the Owner's officers and employees harmless does not
include a duty to defend.The Architect's duty to indemnify the Owner under this Section 8.1.3 shall be limited to the
available proceeds of the insurance coverage required by this Agreement.
§ 6.1.4 The 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 of this Agreement,except as specifically provided in Section 9.7.
§ 61 Mediation
§ 6.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to binding dispute resolution..
§ 8.21 The Owner and Architect shall endeavor to resolve claims,disputes and other matters in question between them by
mediation,which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration
Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement.A
request for mediation shall be made in writing,delivered to the other party to this Agreement,and filed with the person or
entity administering the mediation.The request may be made concurrently with the filing of a complaint or other
appropriate demand for binding dispute resolution but,in such event,mediation shall proceed in advance of binding
dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,
unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant
to this section,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later
proceedings.
§ 8.2.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof.
§ 8.2A If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute
resolution shall be the following:
(Check the appropriate boa.)
( ] Arbitration pursuant to Section 8.3 of this Agreement
Intl AU Document B133'-2019.Copydght02014.and 2019 by The Anledben hretlhde ofArthneft Nirightere6erved.The'Amedrmn nsdluleof Arehileets.
'AIA;the AIA toga.and AIA Contract Documents'are registered tredemaFks and may not be used willwul permission This documentwee produced by ALA 18
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[X j Litigation in a court of competent jurisdiction
[ ] Other: (Specify)
If the Owner and Architect do not select a method of binding dispute resolution,or do not subsequently agree in writing to
a binding dispute resolution method other than litigation,the dispute will be resolved in a court of competent jurisdiction.
(Paragraphs deleted)
ARTICLE 9 TERMINATION OR SUSPENSION
19.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be
considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of
performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven
days'written notice to the Owner before suspending services.In the event of a suspension of services,the Architect shall
have no liability to the Owner for delay or damage caused the Owner because of such suspension of services.Before
resuming services,the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the
interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time
schedules shall be equitably adjusted.
19.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such
suspension.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted,
§ 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,
the Architect may terminate this Agreement by giving not less than seven days'written notice.
§ 9A Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the
termination.
19.5 The Owner may terminate this Agreement upon not less than thirty days'written notice to the Architect for the
Owner's convenience and without cause.
19.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5,or the Architect terminates this
Agreement pursuant to Section 9.3,the Owner shall compensate the Architect for services performed prior to termination
and Reimbursable Expenses incurred.
§ 9.7
(Paragraphs deleted)
Not Used.
§ 9.6 Except as otherwise expressly provided herein,this Agreement shall terminate one year from the date of Substantial
Completion.
§ 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are
set forth in Article 7.
ARTICLE 10 MISCELLANEOUS PROVISIONS
§ 10.1 This Agreement shall be governed by the law of the place where the Project is located,excluding that jurisdiction's
choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution,the Federal
Arbitration Act shall govern Section 6.3.
§ 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017,General Conditions
of the Contract for Construction,except as modified in this Agreement.The term"Contractor'as used in A201-2017 shall
mean the Construction Manager.
[nit AIA ooeumant6133--2019.Copyrlght02014.and 2019 by The Amedeen Institute of Achlteds All rights reserved.The'Amedcan Insutule of Archltecu.,
'AA."the AIALogo.end-AIA Conlrad Documents'are rag stared eadem *58rd may mol ba used wia,eul permissbn This doWment was pmduoed by AIA 19
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§ 10.3 The Owner and Architect,respectively,bind themselves,their agents,successors,assigns,and legal representatives
to this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the
other,except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees
to assume the Owner's rights and obligations under this Agreement,including any payments due to the Architect by the
Owner prior to the assignment.
§ 10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be
submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the
Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such
consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at
least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require
knowledge,services,or responsibilities beyond the scope of this Agreement.
§ 10.5 Nothing contained in this Agreement shall create a contractual relationship with,or a cause of action in favor of,a
third party against either the Owner or Architect.
§ 10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery,presence,
handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the
Project site.
§ 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project
among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the
completed Project to make such representations.However,the Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to he confidential or proprietary.The Owner shall provide professional credit for the
Architect in the Owner's promotional materials for the Project.This Section 10.7 shall survive the termination of this
Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4.
§ 10.8 If the Architect or Owner receives information specifically designated as"confidential"or"business proprietary,"
the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as
set forth in Section 10.8.1.This Section 10.8 shall survive the termination of this Agreement.
§ 10.8.1 The receiving party may disclose"confidential"or"business proprietary"information after 7 days'notice to the
other party,when required by law,arbitrator's order,or court order,including a subpoena or other form of compulsory
legal process issued by a court or governmental entity,or to the extent such information is reasonably necessary for the
receiving party to defend itself in my dispute.The receiving party may also disclose such information to its employees,
consultants,or contractors in order to perform services or work solely and exclusively for the Project,provided those
employees,consultants and contractors are subject to the restrictions on the disclosure and use of such information as set
forth in this Section 10.8.
110.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions.If
it is determined that any provision of the Agreement violates any law,or is otherwise invalid or unenforceable,then that
provision shall be revised to the extent necessary to make that provision legal and enforceable.In such case the Agreement
shall be construed,to the fullest extent permitted by law,to give effect to the parties'intentions and purposes in executing
the Agreement.
ARTICLE 11 COMPENSATION
§ 11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows:
.1 Stipulated Not-to-Exceed(NTE)Sum
(Insert amount)
(Paragraphs deleted)
One million fifty-five thousand five hundred dollars($1,055,500)
Init. Auk Document 8133"-2019.Copyright 02014,and 2019 by The Arredcen lnedeAeof Ardatects Ardght ressived.The'Amonranlnsthdsof Airhiaas.'
'AIA'the A'A Logc.and*ASA Contact Documents'are registered uademad(s and may not be used without penmssion TAIs document was produced byM 20
software at 18:11:20 CT on 100412022 under Order No.2114238131 which expires on 10062022,Is not for nessle,Is Roamed for onetime use only,and myonty
t be used in soundanoe whh the AIA Contreet Do xena s Terve of sondes.To report copyright violations,e-meg eopyrlghtllNa.org,
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§ 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required
pursuant to Section 4.1.3,the Owner shall compensate the Architect w follows:
(Insert amount of, or basis for,compensation.Ifnecessary,list specific services to which particular methods of
compensation apply)
Predesign Phase Supplemental Services
§4.1.1.2 Programming:A stipulated sum of eighty-eight thousand four hundred dollars($88,400).
§4.1.1.4 Existing Conditions Documentation:A stipulated sum of sixty-two thousand two hundred dollars($62,200).
§4.1.1.6 Site evaluation,Facility Condition Assessment,and Preliminary Feasibility:A stipulated sum of one-hundred
thirty thousand dollars(S 130,000).
Design and Construction Phase Supplemental Services
§4.1.1.9 Civil engineering
§4.1.1.10 Landscape design
§4.1.1.15 Conformed documents for construction
§4.1.1.16 As-designed record drawings
§4.1.1.22 Telecommunications/data/AV/Acoustics design
§4.1.1.23 Security evaluation and planning
§4.1.1.24 Commissioning
§4.1.130 Project Visualization
Fee Design and Construction Phase Supplemental Services:
Stipulated NTE sum of Two hundred seventy-three thousand dollars($223,900).
§ 11.E For Additional Services that may arise during the course of the Project,including those under Section 4.2,the
Owner shall compensate the Architect as follows:
(Insert amount of,or basis for,compensation)
Hourly at the Architect's and the Architect's current hourly rates or a mutually agreed stipulated sum.The Owner will not
require,and the Architect will not perform Additional Services exceeding one hundred thousand dollars($100,000)in
value.
111.4 Not Used§ 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis,the
proportion of compensation for each phase of services shall be as follows:
Schematic Design Phase fifteen percent ( 15 %)
Design Development Phase twenty percent ( 20 %)
Construction Documents Phase thirty-five percent ( 35 p/o)
Construction Phase twenty-three percent ( 23 %)
Warranty Period two percent ( 2 %)
Total Basic Compensation one hundred percent ( 100 %)
The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction
Manager m constructor project delivery method,the Architect may be providing its services in multiple Phases
simultaneously.Therefore,the Architect shall be permitted to invoice monthly in proportion to services performed in each
Phase of Services,as appropriate.
(Paragraph deleted)
(Table deleted)
(Paragraph deleted)
§ 11.6 Not used.
§ 11.6.1 Not used.
§ 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates
shall be adjusted in accordance with the Architect's and Architect's consultants'normal review practices.
(Ifapplicable, attach an exhibit of hourly billing rates or insert them below.)
Inn AIA Document 8133'-2019.Copydgme2014,and 2019 by The American lnaaWta of Architects.al Nhis re.tined.Tha'anedran m:uwre of achdeCts,
'AIA;the AIA Logo.and'AIA Contract Documents'are registenod trademarks and may not be used without penis This document was produced by AIA 21
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I be used In accordance with the A'A contract Oocumentss Term of Sarvke.To report copyright violations,e-mell copydght®ala.org.
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As described in Exhibit A
(Table deleted)
§ 11.8 Compensation for Reimbursable Expenses
§ 11.8.1 Reimbursable Expenses are in addition to compensation for Basic,Supplemental,and Additional Services and
include expenses incurred by the Architect and the Architect's consultants directly related to the Project,as follows:
.1 Transportation and authorized out-of-town travel and subsistence in accordance with 11.8.3,11.8.4, 11.8.5,
and 11.8.6;
.2 Long distance services,dedicated data and communication services,teleconferences,Project web sites,
and extranets;
.3 Permitting and other fees required by authorities having jurisdiction over the Project;
.4 Printing,reproductions,plots,and standard forth documents;
.5 Postage,handling,and delivery;
.6 Expense of overtime work requiring higher than regular rates,if authorized in advance by the Owner;
.7 Renderings,physical models,mock-ups,professional photography,and presentation materials requested
by the Owner or required for the Project;
.8 If required by the Owner,and with the Owner's prior written approval,the Architect's consultants'
expenses of professional liability insurance dedicated exclusively to this Project,or the expense of
additional insurance coverage or limits in excess of that normally maintained by the Architect's
consultants;
.9 All taxes levied on professional services and on reimbursable expenses;
.10 Site office expenses;
.11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to
achieve the Sustainable Objective;and
.12 Other similar Project-related expenditures.
§ 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's
consultants plus zero percent(0.0%)of the expenses incurred.
§ 11,8.3 Travel reimbursements may be made for meals,travel,lodging as follows:
.1 all travel shall be in coach and not in business class;
.2 toll road charges if provided with documentation of the date and time the toll charges were incurred;
.3 lodging shall be in a standard mom in a hotel located within Round Rock's City limits;and
.4 meals shall be reimbursed at an amount not-to-exceed$50.00 per day. This amount includes tips.
§ 11.8.4 Travel reimbursements shall only apply to travel in excess of forty(40)miles. Architect is responsible for
providing all receipts to Owner for the reimbursement of items set forth above. Receipts shall be provided to the Owner
within thirty(30)days of the expenditure to qualify for reimbursement and shall provide enough detail for the(Tuner to
determine the requested reimbursements meet the criteria set forth herein. It shall be in the sole discretion of the Owner to
determine if expenses submitted by Architect are reasonable and qualify for reimbursement pursuant to the terms of the
Agreement.
§ 11.8.5 Cost of personal entertainment,amusements,alcoholic beverages,traffic citations,personal items or illegal
activities will not be reimbursed.Expenses due to vacations or personal trips in conjunction with travel are not
reimbursable. Adequate travel time is allowed,but travel expenses aro not paid for absences not required by Owner
business.
i
§ 11.8.6 Payment for reimbursable expenses set forth in Section 11.8.1,shall not exceed the maximum sum of ten
thousand dollars(510,000),and such amount is not Included in the Basic Services and Supplemental Services,and
i Additional Services fees in 11.1, 11.2,and 11.3,but is included in the total not-to exceed amount of ONE MILLION SIX
HUNDRED SEVENTY THOUSAND DOLLARS($1,670,000).
111.9 ArchlteePs Insurance.If the types and limits of coverage required in Section 2.6 are in addition to the types and
limits the Architect normally maintains,the Owner shall pay the Architect for the additional costs incurred by the
Architect for the additional coverages as set forth below:
(Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section
1.6,and for which the Owner shall reimburse the Architect)
Inst. AIA nocunsrhte133--20111.Cogelah110201e,and 2019 by The Aradoen Institute or MOMtade.AN Vto re"had.The'Amedcan lnsaNle or Arch leas:
'AIA,,the AIA logo,and'AIA Contract Documents'are registered trademarks and may not ba used without permission Thlsdocumentwee produced by AIA 22
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N/A
§ 11.10 Payments to the Architect
§ 11.10.1 Initial Payments
§ 11.10.1.1 An initial payment of zero (S0.00)shall bemade upon execution of this Agreement and is the minimum
payment under this Agreement It shall be credited to the Owner's account in the final invoice.
§ 11.10.1.2 Not used.
§ 11.10.2 Progress Payments
§ 11.10.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed.
Payments are due and payable upon presentation of the Architect's invoice.Amounts unpaid beyond the date required by
the Texas Prompt Payment Act shall bear interest at the rate allowed therein;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.
§ 11.102.1.1 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 reasonably requested by Director,Architect shall comply promptly with such request.In
this regard,in response to a reasonable request from Director,Architect shall make all retards and books relating to this
Agreement available to City for inspection and auditing purposes.
§ 11.102.12 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.
111.10.2.13 Offsets.City may,at its option,offset any amounts due and payable under this Agreement against any debt
(including taxes)lawfully due to City from Architect,regardless of whether the amount due arises pursuant to the terms of
this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court
111.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated
damages on the Architect,or to offset sums requested by or paid to contractors for the cost of changes in the Work,unless
the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding.
§ 11.102.3 Records of Reimbursable Expenses,expenses pertaining to Supplemental and Additional Services,and
services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times.
ARTICLE 12 SPECIAL TERMS AND CONDITIONS
Special terms and conditions that modify this Agreement are as follows:
(Include other terms and conditions applicable to this Agreement.)
§ 12.1 Project Interruptions:Because of substantial cost incurred by the Architect to stop and restart a project once it is
underway,should the Project's progress be halted at any time for 60 or more days by the Owner,for any reason,a project
restart fee of 5%of the total fee earned to date,shall be due and payable immediately.
§ 12.2 Statement of Jurisdiction: The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,
Texas 78701,telephone 512-305-9000,hasjurisdiction over complaints regarding the professional practice of persons
registered as architects in Texas.
§123 The Architect shall have the right to photograph the Project and to use the photos in the promotion of the
professional practice through print,presentation and online advertising,public relations,brochures or other marketing
materials.Should additional photos be needed in the future,the Owner agrees to provide reasonable access to the facility.
The Owner also agrees to cite the Architect as the designer in all publicity,presentations,and public relations activities
which mention the name of or depict the facility.
Brit AIA Dovunrr4111133--2010.Copyright 02019,and 2019 by The Amedcen lns8bde of Architeda.All dghteraarved.The'ovna nn lnmwia of cheteds'
'AIA,'me AIA Logo.and-AIA Contract Documents'we registered vademarks and may not be used efthout permission This dacurrantwaa produced by AIA 23
wawars at 18:11:20 CT on 101D 2022 under Order No 2110238131 which exp1e9 on 1010BM22,is not for resale,is licensed for o tftna use only,and may onty
! ba used In ecom anm wllh the AIA Centred DoOanemea Terms of aerAw.To mpon mpydght vWaoona,e-mail mpydghteala.arg.
near Not": (1181385353)
§12.6 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.
§12.7 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.
§12.8 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.
§12.9 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 terns 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.
§12.10 Notices.All notices and correspondence to City by Architect shall be mailed or delivered as follows:
City Manager,City of Round Rock
221 Fast Main Street
Round Rock,Texas 78664
And to
Stephanie L.Sandre,City Attorney
309 East Main Sucet
Round Rock,Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the Architect as follows:
McKinney York Architect
Atm:Charles York,FAIA
1301 East 7'"Street
Austin,TX 78702
§12.11 Financial Interest Prohibited.Architect covenants and represents that Architect,its officers,employees,
agents,consultants,and subcontractors wW 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
§12.12 Confidentiality.Except as otherwise provided in the Agreement,Architect's reports,evaluations,designs,
drawings,data,and all other documentation and work developed by Architect hereunder shall be kept
confidential and shall not be disclosed to any third parties without the prior written consent and approval of City's
Director,except as necessary to perform the services required by the Agreement.This provision shall not apply if
the work product Is order to be disclosed by court or other legal authority,or Is already in the public domain.
§12.13 Registered Accessibility Consultant.The Owner will engage a Registered Accessibility Specialist(RAS)to
perform a review of the Design Development submittals for compliance with the Texas Accessibility Standards
and provide comments to the Architect.The Owner will engage the same RAS to register the Project and provide
the state mandated reviews and Inspections.
ARTICLE 13 SCOPE OF THE AGREEMENT
§ 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and
supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended
only by written instrument signed by both the Owner and Architect.
§ 13.2 This Agreement is comprised of the following documents identified below:
Intl Aut Document B133'-2919.00pydgh102014,and 201aby The Arrwrken lrladldeof Arrhaxts Ag rl"reserved.The'American Institute of Architects.'
'AIA,'the AIA Logo.and-AIA C ondt Cowmants'are registered badamarl s and may not be used wonout penNnIon Thla document Wes produced by AIA 24
software at 10:11:20 CT on 10042022 order Order No.2114239131 Whrh expires on 10106!2022,Is not for reale,ts gcansed for onr6me use only.end may only
1 be used In acoodanoe with the AIA Garbed Doolmenlea Tema of Somas.To report copyright violation.trmaB wpydgtMale.org.
u"'NGlaa: (I 1813655M)
.1 AIA Document B1337"L2019,Standard Form Agreement Between Owner and Architect,Construction
Manager as Constructor Edition
.2 Not Used.
(Paragraphs deleted)
.3 Exhibits:
(Check the appropriate box for any exhibits incorporated into this Agreement.)
(Paragraphs deleted)
[X] Other Exhibits incorporated into this Agreement:
(Clearly identify any other exhibits incorporated into this Agreement, including any exhibits
and scopes ofservices identified as exhibits in Section 4.1.1)
Exhibit A:Architect's and Architect's Consultant's 2022 hourly rate schedule
Exhibit B:Pre-design Phase Supplemental Services Description
Exhibit C:SAM Scope of Work
Exhibit D:Design and Construction Phase Supplemental Services Description
Exhibit E:Total Cost Proposal
.4 Other documents:
(List other documents,if any,forming part of the Agreement)
None
This Agreement entered into as of the day and year fust written above,
OWNER(Signature) ARCMTECT(Signature
Charles A.York,FAIA
Principal
(Printed name and title) (Printed name,title,and license number,ifrequired)
Init. AIADecorated 8133'—2019.Copyright 02014,and 2019 by The American lnetitum ofArChaeW.Mt Nhte reserved.The-Amedran lnsmute of Architects,'
'AIA'the AIA Logo,and'AIA Contract Documents'ate registered trademarks and may not be used without permission This document con produced by AIA 25
soawata at Wt 1:20 CT on 10!042022 under Order No.2114236131 which expires on 1010612022,Is not for needle,Is Ilcermed for one-Wtm use only.and mayonly
t be used In accordance with the AIA Contract Docemenme Tamm of aenrce.To report oopydght violations.e-me0 oupydghteale.otg.
User Notes: (11(11365553)
EXHIBIT A
202, _-ne Schedule M/
Clerical 1 $1 DO/hour
Clerical II $130/hour
Clerical III $150/hour
Intern $100/hour
Designer $110/hour
Designer II $120/hour
Architect III/Designer III $130/hour
Architect IV/Designer IV S140/hour
Architect V $150/hour
Architect VI $170/hour
Architect VII S190/hour
Architect VIII $210/hour
Architect IX $230/hour
Partner S240/hour
Founding Principal $240/hour
Principal $260/hour
Note This fee schedule is effective through December 31, 2022. Rates will be adjusted each January to
reflect changes In employee costs
2022 Reimbursable Expenses Rate Schedule M/
In addition to the fee,the following will be invoiced as reimbursable expenses with applicable multiplier
In-house printing and plots
Black and White Copies $0.70 each
Color Copies $0.20 each
TransbondPlots/Copies $S.00each
Outsourced printing and plots
Mileage-current IRS Standard Mileage Rates for travel outside of Travis and Williamson County
Postage,handling,and delivery charges
Furniture and fixture purchases
Attorneys fees&Architect's time for review and negotiation of agreements with third parties or lenders
- Other direct project expenses
Note:This rate schedule is effective through December 31,2022. Rates will be adjusted each January to
reflect changes in costs.
4.1,:`iurn:q'reel,'icho,as
I J 0 1 F T''31 Aus1,h.T 78'(1,
STRUCTURESPE,LLP
PROFESSIONAL SERVICES AGREEMENT
GRIFFITH BUILDING AND PASEO PRE-DESIGN SERVICES
Reimbursable Expenses
Reimbursable Expenses include expenses incurred by Structures in the interest of the project and will be
billed in addition to the proposed fee.
BILLINGIPAYMIENTS
Hourly Rates
Hourly rates are subject to change on an annual basis.
Principal................................................................................................... ..... .........$2001hr
Associate Principal...................................... .......... .................................................$?85/hr
Sr.Project Manager....................................... ............................... ..................S 1851hr
ProjectManager.......................................................................................................S155lhr
ProjectEngineer.... ............................. ................... ... ............................................S 145/hr
Graduate Engineer... ......................... ........................................................ ...........S 130/hr
Designer................... .............................................. .._......... ...................................$120/hr
Drafter..................................................................... ................................................S 1 001h
Invoices
On the second week of each month we will invoice towards fees based upon the completion of services.
If you agree with this proposal,sign,and return Part II,Terms and Conditions,at your earliest convenience.
This proposal is valid until De"mber 31, 2022. We look forward to the opportunity to work with you. If
you have any questions regarding our proposal,please contact us.
Sincerely,::
Dante Angelini. Principal
22.135 Page 3 of 3
Firm No:F-3323 4408 Burnet Rd,Austin,TX 78756 T:512.499.0919 www.strucluresix.com
CLEARY
ZIMMERMANN Proposal for Engineering Services Page 5 of 6
Exhibit A— 2022 Hourly Rate Schedule
Division Rate
Design Principal $250
Electrical Engineer $195
Technology Design Consultant $190
Mechanical Engineer $190
Mechanical Designer $150
Electrical Designer $160
Plumbing Designer $145
Construction Inspector $145
Modeling Technician $130
Commissioning Principal $250
Project Manager $175
Mechanical Engineer $190
Electrical Engineer $195
Field Technician $145
SCADA SCADA Engineer $225
Administration Clerical $105
Accounting $150
Expenses Cost plus 10%unless otherwise noted
'Rates are subject to annual review.
203 E.Main Street,Ste.204
rLP Round Rock,Texas 78664
512-344-9664
TBPE FIRM #F-19351
STANDARD RATE SCHEDULE
Labor Rates
The following rates are recommended for work performed on an hourly-charge basis. Rates
include company overhead and profit for services accomplished during regular working
hours.
DIRECT LABOR
OFFICE PERSONNEL SERVICES
Classification
Operations Manager ........................................................................$185 per hour
Sr. Project Manager .........................................................................$160 per hour
Project Manager..............................................................................$150 per hour
Engineer(P.E.).......................................................................................$130 per hour
Engineering Designer............................................................................$1 10 per hour
Graduate EIT...........................................................................$100 per hour
Engineering CAD Technician.....................................................$ 80 per hour
Administrative Assistant....................................................$ 70 per hour
DIRECT EXPENSES
Transportation:
By Firm's Passenger Vehicles Charged at current IRS allowable rate
Reproduction& Printing by Finn, Expense Cost Plus 15%
Civil Engineering
y
LIONHEART
EXHIBIT A
Employee Classification Hourly Billing Rates
PROFESSIONAL WITNESS $400
PRINCIPAL $200 to$300
PLANNER/LANDSCAPE DESIGNER $75 to$200
INTERN $55 to$85
PROJECT ASSISTANT $65 to$110
Note:Other Project Specialists will be billed at their applicable billing rates not to exceed$175
Wracon
TERRACON CONSULTANTS, INC.
AUSTIN FACILITIES SERVICES
2022 FEE SCHEDULE FOR PROFESSIONAL SERVICES{Rate 1)
Professional Staff Hourly Rate
Senior Principal...............................................................................................$285.00 per hour
Principal..........................................................................................................$265.00 per hour
Senior Consulting Professional.......................................................................$235.00 per hour
Senior Engineer..............................................................................................$215.00 per hour
Senior Architect...............................................................................................$215.00 per hour
Senior Facilities Professional..........................................................................$215.00 per hour
Project Engineer............................................................................................. $ 195.00 per hour
Project Architect..............................................................................................$ 195.00 per hour
Project Facilities Professional.........................................................................$ 195.00 per hour
Senior Staff Engineer......................................................................................$ 170.00 per hour
Senior Staff Architect......................................................................................$ 170.00 per hour
Senior Staff Facilities Professional..................................................................$ 170.00 per hour
Staff Engineer.................................................................................................$ 140.00 per hour
Staff Architect.................................................................................................$ 140.00 per hour
Staff Facilities Professional............................................................................$ 140.00 per hour
Field Engineer.................................................................................................$ 120.00 per hour
Field Facilities Professional.............................................................................$ 110.00 per hour
Engineering Assistant.....................................................................................$ 85.00 per hour
Technician II ...................................................................................................$ 90.00 per hour
TechnicianI ....................................................................................................$ 80.00 per hour
CADManager.................................................................................................$ 130.00 per hour
Senior CAD Operator......................................................................................$ 125.00 per hour
CADOperator.................................................................................................$ 110.00 per hour
CADDesigner.................................................................................................$ 110.00 per hour
Project Coordinator.........................................................................................$ 100.00 per hour
Administrative Manager..................................................................................$ 100.00 per hour
Senior Administrative Staff..............................................................................$ 100.00 per hour
Administrative Staff Il......................................................................................$100.00 per hour
Administrative Staff III.....................................................................................$ 100.00 per hour
Expenses
Subcontractors, Equipment Rental, Supplies and Reimbursable Expenses including Travel will
be billed at cost plus 15%.
Personal and company vehicle mileage will be billed at the IRS reimbursement rate plus 15%.
Rates effective through December 31, 2021.
Reliable . Responsive. Resourceful
• M . E S I G N G R •
Technology Solutions Building for the Future
Personnel Titles and Hourly Rates -2022
TITLE BILLABLE HOURLY RATE
Principal 198.00
Associate Principal 186.00
Senior Project Manager 179.00
Senior Technology Consultant 160.00
Technology Consultant 138.00
Contract Administration 98.00
Technology Support(CAD/BIM) 67.00
Administrative/Accounting 58.00
Austin Houslon San Antonio Dallas
512.478.6001 713.589.9797 210.698.6455 214.221.5443
Constant Springs Preservation Consulting
1206 Constant Springs Drive
Austin,Texas 78746
512.468-1454
July 25,2022
McKinney York Architects
Atten:Andrew Green
1302 East 711 Street
Austin,Texas 78746
Re:Griffith Building and Paseo,City of Round Rock,Pre-Design Services
Andrew,
Please see the attached proposal for services to McKinney York Architects for Pre-Design Services for
this project.
REDACTED
This fee proposal has a total cost of_based on time to perform the Scope of Services at an hourly
rate of$150/hr. Project scope changes or revisions which cause unanticipated changes or increases to
the anticipated time commitment will be considered cause to seek additional compensation beyond
those stated herein.Reimbursable expenses will be charged at their actual cost and submitted with
receipts for payment.
Thank you for the opportunity to prepare this professional services proposal for this exciting project.
Please don't hesitate to contact me if you have any questions.
Sincerely,
Sharon Fleming,AIA
Constant Springs Preservation Consulting
AGICM
REDACTED
HOURLY RATES:
AG{CM proposes to complete the requested scope of services for the Not-To-Exceed(NTE)value(s)
shown above based on the proposed positions&hourly bill rate.A cumulative timesheet log will be
provided with invoices indicating prior¤t billed amounts/hours along with a remaining
amount/hours relevant to the NTE value(s)shown above.
Position Titles Duties/Discipline Bill Rate
VP of Preconstruction Quality Assurance/Quality Control $170.00
Lead/Chief Estimator General Conditions/Requirements $155.00
Senior Estimator Facility Services $135.00
Senior Estimator Facility Construction $125.00
Estimator Facility Construction $80.00
A fully-loaded Hourly Bill Rate is defined as an employee's base hourly rate plus a multiplier to include
labor overhead(including fringe benefits),general and administrative(indirect)expenses and profit.
REDACTED
Austin I Corpus Christi I Dallas ( Houston I San Antonio
EXHIBIT B
Predesign Supplemental Services Descriptions
Deliverables for Pre-Design Services:
1) Site evaluation,facility condition assessment and preliminary feasibility report.
2) Final program document.
3) Site Survey.
4) Existing Building Revit Model,point cloud,and 3-d photography record.
ARTICLE 1 PROGRAMMING SERVICES
§1.1 Identification of Project Values,Goals,and Objectives
§1.1.1 Subject to the limits below,the Architect shall facilitate a visioning session with the
programming participants to identify,discuss,and prioritize values and goals for the Project,such as
institutional purposes and growth,culture,technology,aesthetics,symbols,economics,environment,
social,safety,sustainability,aspirations,relocation options for the Palm House,and other relevant
criteria. Visioning session shall also establish an initial project budget model with target allocations by
discipline.
One(1)session to determine values and goals.
§1.1.2 Following the visioning session,the Architect shall prepare and provide to the Owner a written
evaluation of the prioritized values and goals for the Owner's review,confirmation,and approval.
§1.1.3 Following approval of the prioritized values and goals,the Architect,in conjunction with the
Owner,shall identify and confirm the Owner's objectives for the Project.
0.2 Information Gathering
0.2.1 The Architect shall compile and review Project-related information,including the following:
.1 Available data on existing facilities,land surveys,record documents,and other Owner
documents,including existing program material and design and facility standards;
.2 Relevant documents from authorities having jurisdiction over the Project,such as applicable
codes,regulations,and ordinances;
.3 Applicable non-governmental building and planning standards;and
.4 Relevant historical documents and archival materials.
§1.2.2 The Architect shall identify the constraints and opportunities that may impact the Project,such
as location,access,visibility,and site and building services.
§1.2.3 Subject to the limits below,the Architect shall conduct interviews.In preparation for the
interviews,the Architect shall:
.1 assist the Owner in identifying individuals to be interviewed;
.2 establish a work plan and schedule for the interviews;
.3 determine the types of data that could impact the design of the Project;and
.4 determine how interviews will relate to other information-gathering techniques,such as
observations and surveys.
Up to six(6)1-fir interviews for the purpose of gathering data.
§1.2.4 If applicable,the Architect shall conduct a walkthrough of the Owner's existing facilities with the
appropriate personnel,such as the Owner,property manager,or facility manager,and
.1 prepare,if appropriate,a space inventory;
.2 Identify traffic and circulation patterns,use levels,and general adequacy of spaces to
accommodate the users;and
.3 prepare a written description,a graphic illustration,or both,that includes relevant criteria,such
as space utilization data;area allowances;adjacencies;communication,technology,and security
systems;and operating procedures.
§1.2.5 Subject to the limits below,the Architect shall facilitate meetings,as applicable,with
programming participants to(1)review data obtained from information gathering activities;(2)consider
and discuss design and planning issues,such as future growth and expansion projections;and(3)
endeavor to achieve consensus as to how the values,goals,objectives,and information should influence
the design of the Project.
Up to two(2)interviews for the purpose of gathering data.
§1.3 Public Meetings and Hearings.
§1.3.1 Subject to the limits below,the Architect shall attend public hearings and citizen information
meeting orchestrated by the Owner. Architect shall assist Owner in preparation of presentation
materials as necessary for such public meetings and hearings.
Up to two(2)public meetings and hearings.
§1.4 Data Analysis
0.4.1 Based on the identified values,goals,objectives,and information gathered,the Architect shall
develop performance and design criteria for the Project.
§1.4.2 The Architect shall make a preliminary determination of space requirements,space
relationships,and circulation,and consider special requirements,such as aesthetics;ergonomics;
flexibility,furniture,furnishings,and equipment(FF&E);lighting;sustainability;acoustics;surrounding
environment;safety;security;and site information,as appropriate.
§1.4.3 The Architect shall identify unresolved programming issues,discuss them with the Owner,and
recommend solutions for the Owner's approval prior to preparing the Architect's initial program
document.
0.5 Initial Program Document and Presentation
§1.5.1 The Architect shall compile the results of its findings and analyses concerning(1)the values,
goals,and objectives for the Project;(2)information gathering;and(3)data analysis in an initial
program document for the Owner.
§1.5.2 Subject to the limits set forth below,the Architect shall present its initial program document to
the programming participants,In a format approved by the Owner,and request the Owner's approval.
Subject to the limits set forth below,the Architect shall make special presentations to individuals or
groups not included as programming participants.
Up to six(6)1-hr presentations to programming participants.
One(1)adjustment to the initial program document.
§1.6 Development of Final Program of Project Requirements
0.6.1 Based on the Owner's approval of the initial program document,including the Owner's
authorization of any adjustments,the Architect shall prepare the final program document for the
Owner's approval.
0.6.2 The Architect shall incorporate the Owner's design and facility standards and recommend
Project standards,such as area allowances;space allocation;adjacencies;communication,technology,
and security requirements;FF&E requirements;lighting;acoustics;and aesthetics.
§1.6.3 The Architect shall determine specific space requirements for the Project by
.1 identifying required spaces;
.2 establishing sizes and relationships;
.3 establishing efficiency factors;and
.4 documenting special requirements,such as structural,mechanical,electrical,lighting,acoustical,
FF&E,technology,security,or site development.
§1.6.4 The Architect shall prepare a final program document(deliverable)detailing all items identified
the above in the"Development of Final Program Requirements"above,incorporating written and
graphic materials that may include
.1 an executive summary;
.2 documentation of the methodology used to develop the program;
.3 value and goal statements;
.4 relevant facts upon which the program was based;
.5 photo documentation of relevant existing site and building features;
.6 aspirational images;
.7 conclusions derived from data analysis;
.8 relationship diagrams;
.9 flow diagrams;
.10 matrices identifying space allocations and relationships;
.11 space listings by function and size;and
.12 space diagrams,as needed,to convey program information.
§1.6.5 The Architect shall make special presentations to individuals or groups not included as
programming participants and Programming Services exceeding the limits indicated as an Additional
Services.
§1.7 Programming Services Not Provided
§1.7.1 During the Information Gathering efforts,the Architect shall identify,in consultation with the
Owner,similar facilities and operations for the programming participants to visit and observe for
evaluation and comparison to the Project.Subject to the limits set forth below,the Architect shall visit
the identified facilities and operations.
Zero(0)facility visits
ARTICLE 2 SITE EVALUATION,FACILITY CONDITION ASSESSMENT,AND PRELIMINARY FEASIBILITY
SERVICES
§2.1 Site Evaluation and Condition Assessment
§2.1.1 Site Evaluation.Evaluate the site by,as applicable:(1)performing on-site observations;(2)
assessing the physical characteristics of the site;(3)assessing land development codes,ordinances,and
regulations that impact the Owner's Project Objectives;(4)assessing utilities available to the site;and
(5)assessing the access,circulation,and parking for the site.The Architect shall make recommendations
to the Owner based on its site evaluation.
§2.1.2 Site Features Assessment.The Architect shall provide the Owner with a written assessment,
based on visual observation,of the site conditions of the Facility,including hardscaping,paving and
parking,flatwork,storm water drainage,and landscaping.The assessment shall identify existing site
features;describe their current conditions;estimate their remaining useful life;identify observed
deficiencies;and provide recommendations regarding repairs,replacements,and further investigation.
§2.2 Facility Condition Assessment
§2.2.1 Building Code Review.The Architect shall review the requirements of Building and Accessibility
codes,and regulations that pertain to the Project.The Architect shall provide the Owner with a written
assessment and recommendations regarding the Facility's compliance with such laws,codes,and
regulations.
§2.2.2 Exterior Components.The Architect shall provide the Owner with a written assessment,based
on visual observation of the exterior conditions of the Griffith Building and Palm House,including roofs,
walls,areaways,windows,and doors.The assessment shall identify existing exterior components;
describe their current conditions;estimate their remaining useful life;identify observed deficiencies;
and provide recommendations regarding repairs,replacements,and further investigation.If applicable,
the Architect shall identify the next safety inspection date for exterior components.
§2.2.3 Interior Components.The Architect shall provide the Owner with a written assessment,based
on visual observation,of the interior conditions of the Facility,including ceilings,wails,floors,finishes,
stairways,and doors.The assessment shall identify existing interior components;describe their current
conditions;estimate their remaining useful life;identify observed deficiencies;and provide
recommendations regarding repairs,replacements,and further investigation.
§2.2.4 Structural Systems.The Architect shall provide the Owner with a written assessment,based on
visual observation,of the structural systems of the Facility.The assessment shall identify the existing
structural system(s);describe their current conditions;identify observed deficiencies;and provide
recommendations regarding repairs,replacements,and further investigation.
§2.2.5 Mechanical,Electrical,and Plumbing Systems.The Architect shall provide the Owner with a
written assessment,based on visual observation,of the mechanical,electrical,and plumbing systems of
the Facility,including equipment,distribution systems,devices,fixtures,and controls.The assessment
shall identify existing mechanical,electrical,and plumbing systems;describe their current conditions;
estimate their remaining useful life;identify observed deficiencies;and provide recommendations
regarding repairs,replacements,and further investigation.
§2.2.6 Conveying Equipment.The Architect shall provide the Owner with a written assessment,based
on visual observation,of the conveying equipment of the Facility,including elevators,escalators,and
moving walks.The assessment shall identify existing conveying equipment;describe their current
conditions;estimate their remaining useful life;identify observed deficiencies;and provide
recommendations regarding repairs,replacements,and further investigation.
§2.2.7 life Safety and Fire Protection Systems.The Architect shall provide the Owner with a written
assessment,based on visual observation,of the life safety and fire protection systems of the Facility,
including fire alarm systems,sprinklers and standpipes,smoke detection and control systems,
emergency lighting,fire extinguishers,signage,and medical devices.The assessment shall identify
existing life safety and fire protection systems;describe their current conditions;estimate their
remaining useful life;identify observed deficiencies;and provide recommendations regarding repairs,
replacements,and further investigation.
62.2.8 Data and Communication Systems.The Architect shall provide the Owner with a written
assessment,based on visual observation,of the data and communication systems of the Facility,
including equipment,equipment rooms and closets,and distribution systems.The assessment shall
identify existing data and communications systems;describe their current conditions;estimate their
remaining useful life;identify observed deficiencies;and provide recommendations regarding repairs,
replacements,and further investigation.
§2.3 Preliminary Feasibility Services
§2.3.1 Preliminary Assessment of Owner's Project Objectives.Provide a preliminary assessment of the
Owner's Project Objectives and identify constraints and opportunities that will impact them.
§2.3.2 Historic Resource Services for the Feasibility of the Palm House Relocation.Evaluate the
feasibility of the Palm House relocation by,as applicable:(1)performing on-site observations of the
historic structure and intended relocation site;(2)assessing the condition of the Historic Palm House
and identifying the scope of services and further investigations necessary to prepare documents needed
to secure the services of a building mover to relocate the structure;(3)assessing the physical and
historical characteristics of the intended relocation site;(4)assessing preservation laws,standards,and
regulations that impact the relocation;(5)assessing available routes between the current location and
the intended relocations site;(6)assessing the availability of building movers qualified to relocate the
historic structure;(7)assessing land development codes,ordinances,and regulations that impact the
relocation on the intended relocation site;(8)assessing utilities available to the intended relocation site;
and(9)assessing the access,circulation,and parking for the intended relocation site;(10)consult with
the City on their notification responsibilities and assist the City in developing notifications required,
including attending a meeting with the City and up to two meetings with preservation authorities having
jurisdiction.The Architect shall make recommendations to the Owner based on its evaluation.
§2.3.3 Conceptual Drawings.Prepare conceptual development drawings based on the Owner's Project
Objectives.The drawings may show,as the Architect deems appropriate,locations for the four primary
intended building users,access and circulation of vehicles and pedestrians,parking,utilities,site
drainage,landscaping,and development phasing.
§2.3.4 Estimate of the Cost of the Work.Based on the Conceptual Drawings and other services
provided,prepare an estimate of the cost of the work for the development of the site,relocation of the
Historic Palm House,and renovations to the Griffith Building.
§2.4 The Architect shall prepare a site evaluation,facility condition assessment and preliminary
feasibility report(deliverable)that may incorporate written or graphic materials,and shall include:
.1 an executive summary,
.2 documentation of the methodology used to conduct the Architect's services,
.3 the Owner's Development Objectives,
.4 relevant facts upon which the report is based,
.S conclusions and recommendations
§2.5 Site Evaluation,Facility Condition Assessment,and Preliminary Feasibility Services Not
Provided
§2.5.1 Identification of Environmental Requirements.Identify environmental requirements that may
apply to the Owner's Project Objectives,such as the need for environmental impact statements,
assessments,documentation,testing,or monitoring.
§2.5.2 Context Description.Describe the physical characteristics and context of areas immediately
surrounding the site,including existing land uses,proposed development,and public transportation.The
Architect shall also describe land use patterns,trends,or potential uses of areas immediately
surrounding the site and assess the impact of the Owner's Development Objectives on the surrounding
sites and community.
§2.5.3 Cultural Factor Assessment.Research the history of the site,which may include historic land
uses,existing structures on or adjacent to the site,archaeological significance,and other cultural
factors.The Architect shall also assess the impact of the Owner's Project Objectives on the cultural
significance of the site,surrounding sites,and community.
§2.S.4 Historic Resource Inventory.Prepare an inventory of buildings and other features on the site
that have been identified by local,state,or federal authorities as historic,or that may have historic
significance.
§2.5.5 Hazardous and Toxic Materials:identify potentially hazardous materials or toxic substances in
the buildings.If necessary,the Architect shall recommend further investigation of any of the above.
ARTICLE 3 EXISTING CONDITION DOCUMENTATION
§3.1 Existing Conditions Documentation:Full scope of the Existing Conditions Documentation is
described in the SCOPE OF SERVICES AND ESTIMATED FEE GRIFFITH BUILDING AND PASEO—ROUND
ROCK SITE SURVEY AND BUILDING DOCUMENTATION section of the proposal letter from SAM to
McKinney York Architects as revised and dated August 02,2022,including the`Exhibit A'to that letter.
That letter is attached as Exhibit C.
SAII Exhibit C
SCOPE OF SERVICES.
GRIFFITH BUILDING AND PASEO—ROUND ROCK
SITE SURVEY AND BUILDING DOCUMENTATION
PROJECT OVERVIEW
Surveying And Mapping, LLC(SAM)proposes to provide a Site Survey and Building Documentation to McKinney
York Architects(Client).The survey will be of the property shown on the Williamson County Appraisal District map
as PID R071300.The survey will be of lots 1 through 5,east half of Lot 6,and Lots 12 through 15,Block 21,City of
Round Rock,Williamson County,Texas,according to the map or plat thereof recorded in Cabinet A,Slide 190,Plat
Records of Williamson County,Texas.The property is approximately 0.9629 acres.As shown on Exhibit A below.
SITE SURVEY ASSUMPTIONS
The following assumptions were made for the preparation of this Scope of Services.If these assumptions do not
prove correct,a modification to the scope and budget for this project may be required.
• Client will provide Right of Entry and access to any private properties as required to perform the services
described herein,and if necessary gain permission of adjoining properties.
• SAM assumes that no significant discrepancies will be found between the proposed survey and Lots 1
through 5,east half of Lot 6,and Lots 12 through 15,Block 21,City of Round Rock,Williamson County,
Texas,according to the map or plat thereof recorded in Cabinet A,Slide 190,Plat Records of Williamson
County,Texas.Supplemental work to rectify or validate the prior survey is not within this scope.
• Only property corners for Lots 1 through 5,east half of Lot 6,and Lots 12 through 15, Block 21, City of
Round Rock,Williamson County,Texas,according to the map or plat thereof recorded in Cabinet A,Slide
190,Plat Records of Williamson County,Texas;will be verified.
• Survey Feature Codes will be shown as per SAM current Feature Library and Line Styles.
• SAM will not be working in any hazardous or contaminated areas.
• All work will be performed during daytime hours.
• The Client will be the liaison for the SAM field crews to access the Project Work Area.
• SAM will be notified, prior to mobilizing to the Project, of any special requirements for access and the
performance of the work.
• SAM personnel will have unrestricted access to the work areas on a ten(10)hour per day basis for each
day approved to perform work.
• The client will provide a current Title Commitment with copies of all deeds referenced therein.
• The accuracy of subsurface data can be influenced by factors beyond our control such as conductivity of
materials and their surroundings,soil moisture content,proximity of other underground utilities or
structures,depth of utility,etc.Therefore,only the accuracy of data obtained by actual physical
verification(through vacuum excavation or otherwise)can be certified to applicable engineering and/or
surveying standards.
• Paint markings placed on the ground by SAM are to be used for design purposes only and not for
construction purposes.Providing QL-B information does not relieve any contractor or the Client from
the duty to comply with applicable utility damage prevention laws and regulations,including,but not
limited to,giving notification to utility owners or One-Call centers before excavation.SAM will not be
responsible for any omission of utility information that is not obtainable via normal QL-B methods.
• Non-metallic piping, inactive electric, and/or communication lines may or may not be found by normal
4SAIlt
QL-B practices.SAM does not represent that all existing utilities will be found.
• Client will provide SAM with available record information and profile drawings of all the utilities within
the project site,if available.
• Traffic control and permitting will not be required for this project.
• These services described herein are intended for design purposes only and do not include those services
which may be required during construction of future improvements.
SURVEY SCOPE OF SERVICES
SITE SURVEY:
Establish horizontal and vertical control for this project to be used for all survey work.Horizontal control will be
based upon Texas Coordinate System,Central Zone,NAD83 and vertical control will be based upon NAVD 1988
datum,Geiod 18.Research the current ownership deeds and/or plats of the subject lot and adjoining properties,
locate existing boundary monumentation and analyze the found boundary monumentation to determine the
location of the boundary lines.The boundary lines,monuments found or set based upon the current description
of the property as shown in current deed and/or plat of record will be shown.Easements shown on the current
plat and/or deed of record for this property will be shown on the survey.If a Title Commitment is provided by
the Client,the easements listed within the Title Commitment will be reviewed and if they affect the subject lot,
be plotted on the survey.No additional research for easements will be performed.
Locate all physical improvements within the project limits including:buildings,walls,fences,walks,driveways,
curblines,edge of pavement,and observable surface evidence of utilities.Locate above ground evidence of
utilities including:utility poles,guy wires,light poles,CATV pedestals,electric transformers,junction boxes,hand
holes,meters,water meters,water valves,fire hydrants,gas meters,gas valves,clean outs,steam manholes,
petroleum witness posts,telephone manholes,pedestals,hand holes,traffic control signals,manholes and
cabinets.An 811/Texas One Call request will be submitted.Any markings of underground utilities made
subsequent to that request will be located and shown on the survey.Sanitary and storm sewers on or adjacent
to the site will be located with top of structure elevation,invert elevation and pipe sizes noted,including one
structure upstream and downstream.Connections,pipe sizes and direction as best can be determined will be
shown.
Elevations of the site including spot elevations at 20 foot intervals on the Paseo Site and SO foot intervals on
remainder of survey area,and at major grade breaks will be obtained.A 3D DTM surface will be produced and
the site topography will be shown at 6-inch contours on Paseo Site and one-foot contours on remainder of
survey area.Locate existing trees on site that are 8 inches in diameter or larger(at breast height),tag tree with
point number assigned during survey,note trunk diameter,species or common name.Trees will be represented
on the plans by a concentric circle centered on the trunk location,with a diameter equal in feet to twice the
number of inches of the tree's trunk diameter.(i.e.tree with 15"trunk diameter would be represented at plan
scale by a 30 foot diameter circle)A table listing the trees by tree tag number with size and common name will
be placed on the survey.
Two(2)benchmarks will be set on or near the property and will be shown on the survey.Any primary horizontal
and vertical control points set for the project will be shown on the survey.The survey will include:a vicinity map,
flood zone designation,legal description,street address, and a surveyor's certificate.The survey will be
*SAII
prepared and meet the requirements set forth in the TSPS Manual of Practice for land Surveying in Texas,
Category 1B Condition I1.
SAM will provide all the following Subsurface Utility Engineering(SUE)services to the normal standard of care
applicable in the Subsurface Utility Engineering(SUE)profession.The services meet the standard guidelines of
ASCE C-I 38-02 circular for"Standard Guideline for the Collection and Depiction of Existing Subsurface Utility
Data."
Quality Service Level D(QL-D)—Collect existing utility records information(as-builts)from utility providers,
municipalities,counties,and other agency suppliers within the area of investigation.These utilities could include
electrical,telephone,cable TV,fiber optic,gas,petroleum,water,wastewater,steam,and storm drain systems.
These services will be provided for the red and orange areas outlined in Exhibit W.
SAM will attempt to contact utility providers,counties and other agency suppliers identified by utility easement
Information,Texas One-Call systems,and by field reconnaissance and inventory of utility marker posts along
adjacent roadways.The sole purpose of this activity is to collect existing record information of utility systems
that may have an impact on this project.Any utility that is found in the field,by use of utility designating
equipment and is not evident on any collected record information,will be shown in the QL-B utility file as an
"unknown"utility as required by ASCE Cl 38-02.
Quality Service Level C(QL-C)—SAM survey crew will provide this service consisting of field surveying to obtain
accurate horizontal position of readily visible utility surface features associated with the underground utility
systems located within the project limits.These services will be possibly be provided for the red and green areas
outlined in Exhibit'A'but is dependent on which option the client selects.
Quality Level 6(Ql:B)Designating Service(Horizontal location of Utilities)—Designating is to indicate,by
marking with paint the presence and approximate horizontal location of subsurface utilities using geophysical
prospecting techniques including,without limitations,electromagnetic,sonic,and acoustical techniques.SAM
will provide the following designating services to aid the Client in the design of site,ROW,construction plans,or
project development plans,or for other purposes as agreed to by the parties.SAM will:
• Provide QL-B services for the green area outlined in Exhibit"A'.
• Provide all equipment,personnel,and supplies required for performing toning services.SAM shall
determine which equipment,personnel,and supplies are required to perform these toning services.
• Designate the existing underground utilities,which may consist of water,wastewater,gas,petroleum
pipelines,telephone,fiber optics,cable TV,and electrical utilities within the project area previously
described.
• Conduct appropriate investigation of site conditions.
• Mark the utilities on the ground so that their location can be surveyed.
• Analyze and correlate the field-collected information with the collected record information for ensuring
continuity of the information collected.Resolve conflicts with Level D,C,and B information,if any are
identified.
SAA
SITE SURVEY DELIVERABLES
• PDF and AutoCAD file of the Site Survey.
• PDF and/or hardcopy of a written legal description of the site.
• A digital CAD file depicting the results of the QL-B locations for utilities investigated within the project
area will be prepared for this project.The file will clearly identify all utilities discovered from QL-D and QL-
C Investigation and could not be collected in the field as QL-B information.These utilities lines will have a
unique line style and symbology in the QL-B plan deliverables.The type of utility,color-coded to American
Public Works Association standards, will reference the utility company or agency name, address,
telephone number and contact person.
EXCLUSIONS
The following items are excluded from this proposal:
• Survey work outside of the project limits.
• Survey of the relocation site for the Palm House.
• Easement descriptions and platting for new proposed easements.
• Land Title Surveys.
• Wetland delineation.
• Zoning interpretation.
SURVEY SCOPE OF SERVICES
BUILDING DOCUMENTATION:
To perform a base existing site and building survey,SAM
proposes to utilize a combination of sound survey
methodology and advanced 3D laser scanning technology as
the primary means for obtaining as-built measurements of t
the existing floor building structure and MEP utilities. All SAM
scanners are Leica Class 1,eye safe instruments.The laser
scanner works on line of sight. Therefore,from any single
scanner location there will be scan"shadows"(i.e.data that
will not be collected on objects which are hidden from the
laser). In order to minimize these shadows,multiple scanner locations will be utilized. It is expected,however,
that even with"best effort",there will be areas where some amount of data is unattainable. If specific locations
are critical to the project, hand measurements will be taken to supplement the scan data. Laser scanning will
also be supplemented with terrestrial total station survey instruments to assist in traversing and establishing
control throughout the project area for proper registration of all scan data.This is Important when laser
scanning multiple large floor areas.
SAM will develop a 3D Revit 2019 model from the point cloud data acquired. The 3D Revit model will include
the elements described in the Assumptions Section. The modeled objects will be developed to a LOD 200 as
defined by BIMForum's LOD guide.
SAA
This proposal references the Level of Development Specification
(Version:2019)published by the BIMForum. This specification is
freely available through a link on this page https://bimforum.org/lod/.
The Level of Development(LOO)Specification is an industry standard
reference that defines and illustrates characteristics of model
elements of different building systems at different Levels of
Development. Where the acronym'LOD'is used within the body of
this proposal,reference is hereby made to that document.
As part of SAM deliverables,we will provide a software viewing
package called TruView for your use. The 3D laser scanning operation
and data collection will capture full 360 information from each instrument location. It has been our experience
that a vast wealth of valuable information will be collected during the scanning operations. In particular,all
exposed FP and MEP elements and exposed structural details that may not be captured in the LOD 200
specification.
BUILDING DOCUMENTATION ASSUMPTIONS
The following assumptions were made during the preparation of this scope of services and fee development. If
these assumptions do not prove correct,a modification to the scope and budget for this project may be
required.
1. The limits of the area to be included for the 3D Documentation and Modeling/Drafting Services will
include the approx.44,000 sqft of Interior areas and the exterior perimeter of the building. All sidewalks
will be included on the exterior of the building scanning. The interior scanning will include the above
ceiling areas and it is assumed that drop ceilings will be removed prior to the scanning effort
2. SAM field crews will be provided free and clear(uninterrupted)access to the entire project site area
from lam to bpm on business days. Any delays in access will be billed to the client and may require a
Change Order should the need arise.
3. Any delays not caused by SAM will be charged by the hour.
4. SAM personnel will meet or exceed Client's safety protocols and standards.
S. SAM will conduct a daily"tail gate safety moment"safety briefing to outline the anticipated field
hazards that are expected to be encountered for the day.
6. SAM crews will not be expected to enter any confined spaces.
7. SAM field crews will not move any stockpiled material or debris to accomplish the survey.
8. SAM field crews will not be working in any hazardous or contaminated areas.
9. Client will supply the following:
a. Copies of all existing records and plans,Including but not limited to floor plans,CAD/BIM
Drawings forthe existing Area of Interest(AOI).
b. Contact and coordinate with the facility owners/managers,ahead of SAM's mobilization,for
approval to access the various areas on their property within the project site.
c. Notify SAM,prior to coming to the Project,of any special requirements for access and the
performance of the work.
10. For field effort,we have assumed the following for the basis of a fee calculation:
a. Access to the Project Site will be permitted on Monday through Friday between the hours of
7:OOam—6:OOpm for the as built documentation,and for a minimum of eleven(11)consecutive
hours per day. Any modifications of less than eleven(11)hours per day,will modify the fee.
AIIo ,
b. Permanent Survey Control can be set within the building and AOI. Texas State Plane Coordinate
System and NAVD 88 Vertical datum will be utilized. Scans will be in true color.
c. The building is assumed to have an existing HVAC system to keep the internal temperatures
above 50'F and below 95'F,which is the optimal temperature range for the 3DLS equipment.
d. It is not anticipated that an escort or security procedures are required for the 3DLS effort.
e. It is assumed that the Project Site is safe for occupation and habitable,with no specific OSHA
training or safety certifications. Personal Protective Equipment(PPE)required will be work
boots and safety vest. SAM's field personnel comply with all CDC Guidelines pertaining to
COVID-19.
f. Existing AC power outlets will be provided for the charging of equipment within the AOI.
g. Adequate building lighting is or will be provided for the AOI during the project.
h. It is anticipated that free parking will be provided on-site. If free parking is not provided,the
expense for parking will be submitted as a reimbursable expense.
11. The following assumptions have been made regarding the Deliverables:
a. Exports of Point Cloud:
L A registered,georeferenced to Texas State Plane Coordinate System and NAVD 88
Vertical Datum,and full color.PTX file with noise removed from scans.
ii. Delivery will occur via the SAM FTP site.
b. Point Cloud Viewer(TruViews):
i. The point cloud viewer will show the cloud in true color mode.
ii. The viewer installation files,Leica TruView,will be provided free of charge.
iii. Delivery will occur via the SAM FTP site
c. 3D Model:
i. A 3D Model prepared in Revit in the Architects Revit Version
ii. Elements 1"and greater to be modeled.Racks consisting of 4x or greater volume of
conduits will be modeled(if the conduits are 1"or greater). Due note objects of this size
are difficult to fully capture in the scan data(when other MEP is present). Simplified
representations of the conduits may be used when necessary.
iii. Model elements set to existing phase.
iv. Model elements will be drawn orthogonally whenever the design intent was an
orthogonal layout.
V. Different floor types will be separate elements(i.e.concrete slab vs.grating over a
trench).
vi. Level of Development 200
a. The 3D model of the AOI will include:Architectural,Sitework,exposed MEP&FP
components.
b. The architectural components will include:Walls,Doors,Windows,Stairs and Ramps;
Columns,Beams,Structural Ceilings/Slabs;Drop Ceilings,Floors and&Floor finishes;
Casework;Cabinets;Sitework—Sidewalks,Curbs,Landscaping
c. The FP and MEP components will include all piping and conduits 1"and greater in
diameter. Ducts,MEP Equipment;MEP above the drop ceilings.
d. Fixtures:Lights,Sinks,Toilets,Cabinets,Outlets,Computers;Diffusers,Smoke Detectors,
FA Strobes and Sirens,Security Cameras,Intercom,Exit signs.
e. No other items will be modeled.
f. Depicted for overall size,shape and orientation based upon the 3DLS data.
SA#
g. Non-geometric intelligence will not be included.
vii. Delivery will occur via the SAM FTP site
d. Virtual Tour:
I. A color high definition spherical photographic interface.
ii. Up to 200 inspection photos hyperlinked inside the virtual tour.
iii. Delivery will occur via the SAM FTP site
Additional Services
In addition to the services outlined above,SAM can provide additional services as requested by the client on a
TIME and MATERIALS basis,based upon our attached Contract Rate Schedule. If requested,a scope of work and
estimated fee will be provided In writing prior to SAM proceeding with any additional service. These additional
services include but are not limited to the following:
• Additional surveying or scanning due to changes in scope made by the Client after survey tasks have
been performed.
• Additional work due to changes in alignment made by the Client after initial acquisition has been
performed.
• BIM Modeling
BUILDING DOCUMENTATION DELIVERABLES
Point Cloud Viewer
SAM will supply Leica TruView software for use by the client,so the point cloud data can be easily viewed and
measured. The point cloud information will be generated by Cyclone PUBLISHERT"which publishes as built point
clouds in a user friendly,panoramic viewing format. TruView provides intuitive viewing,measuring and mark-up
via web or via local file. Published point cloud data can be posted to the web for immediate viewing,measuring
and mark-up anywhere for use by the Team. Published point cloud data can also be saved on local files,on CDs
or FTP sites.
Point Cloud Data
In discussions with the Project Team,it is understood that the Point Cloud Data is required to be a deliverable(in
PTX format). This format will allow the project team to view the point cloud in a variety of CAD software.
3D Model
A 3D Model in the architects version of Revit will be prepared from the acquired point cloud data. The model
will include the elements described in the Assumptions Section. The modeled objects will be developed to a
LOD 200 as defined by BIMForum's 2019 LOD guide. The purpose of the as built model is to establish an
accurate as built condition of the AOI architectural,Sitework and MEPFP equipment for coordination and
planning purposes.
Virtual Tour
SAM will supply a Virtual Tour for the project site as described above. The Virtual Tour consists of high
resolution color imagery in a spherical format. This easy to use,self-contained viewing file will allow the user to
rotate left and right;look up and down;and zoom in and out from the position of the camera.
4 '
PROJECT SCHEDULE
Upon approval of a Professional Services contract,a project schedule and timelines will be established and
coordinated. For the purposes of this proposal,we are assuming notice to proceed will occur between August
and September of 2022.
SITE SURVEY:Survey field crews will mobilize to the site within five(5)to ten(10)business days from receipt of
an executed agreement and right of entry to the site.Delivery of the Site Survey will be provided within twenty
(20)business days from receipt of an executed agreement and right of entry to the site.
BUILDING DOCUMENTATION:It is anticipated that we will be onsite within seven(7)to twelve(12)business
days after an executed agreement and that the field work will occur for up to 4 days. Work will be performed
between the hours of 7:00 am and 6:00 pm. Delivery of the Virtual Tour will occur within 5 business days after
completion of fieldwork.Delivery of the registered point cloud exports in PTX format and TruView will occur
within seven(7)to ten(10)business days after the completion of the field effort. Delivery of the 31)Revit model
will occur within four(4)weeks after the completion of the field effort. Any additional effort requested will
have a separate schedule negotiated.
SMA
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EXHIBIT D
Design and Construction Phase Supplemental Services Descriptions
ARTICLE 1 CIVIL ENGINEERING
§1.1 Site planning,design,documentation,permitting,procurement phase services,and construction
phase services for non-landscape sitework including parking,drives,streets,walks,boardwalks,
bulkheads,utilities,drainage and stormwater management,construction site activities requiring
approvals of authorities having jurisdiction including those related to traffic control&safety,and water
quality and coordination of those designs and services with the services of the Architect and the other
consultants of the Owner and the Architect.
§1.1.1 Coordinate the Site Permitting process and provide the designs and drawings necessary for
permitting,incorporating the information provided by the Architect and the Architect's consultants for
the Site Development permitting process.Address site development reviewer comments including
revising documents as necessary.
ARTICLE 2 LANDSCAPE DESIGN
§2.1 Landscape design will include landscape planning,design,site permitting,documentation,
procurement phase services,and construction phase services including coordination with the other
members of the design team.
§2.1.1 Landscape sitework includes:
.1 Planting design for the extents of the property,including parking lots,green stormwater
infrastructure,and streetscapes;
.2 Site furnishings design&documentation for the extents of the site;
.3 ADA compliant pedestrian connections&pathways,in conjunction with the civil engineer;
.4 Irrigation;and
.S Lead the design of the Paseo;
§2.1.2 Site Permitting:Provide the landscape and irrigation plans necessary for the Site Permitting
process and coordinating the plans with those of other remembers of the design team.Address site
development reviewer landscape and irrigation design comments including revising documents as
necessary.
§2.1.3 Schematic Design:Establish the Project landscape concept and illustrate the scale and
relationship of the Project landscape components.Deliverables are limited to narrative specifications
and the following drawings at a scale sufficient to explain the design intent:
.1 Rendered illustrative plans;
.2 Precedent imagery;
.3 Planting&materials palettes,with imagery;
.4 Cross sections and enlarged plans as necessary to explain the design character and materials;
§2.1.4 Design Development:Refine the Project landscape concept and establish the scope,
relationships,forms,size,and appearance of the Project based on the Owners approval of the Schematic
Design.Deliverables are limited to the following:
.1 Layout and materials plan,with enlargements as needed;
.2 Paseo grading&drainage plan(subsurface drainage,drain sizing,and drainage area calculations
by civil engineer);
.3 Review of overall site grading&drainage,documented by civil engineer;
.4 Planting and irrigation plan and schedule;
.S Elevations,details and sections at the appropriate scales necessary to convey the sizes,
appearances,finishes,and colors of the defined program;
.6 Paseo lighting fixture selection;
.7 Site furnishings selection;
.8 Preliminary specifications(CSI format).
§2.1.5 Construction Documents:Set forth in detail the requirements for construction of the Project
landscape through drawings and specifications that establish in detail the quality and materials required
for the Project based on the Owners approval of the Design Development documents.Deliverables are
limited to the following:
.1 Layout and materials plan,annotated and dimensioned;
.2 Paseo fine grading&drainage plan(subsurface drainage,drain sizing,and drainage area
calculations by civil engineer);
.3 Annotated planting plan&schedule;
.4 Elevations,details and sections at the appropriate scales necessary to convey the sizes,
appearances,finishes,and colors of the defined program.
.5 Paseo lighting plan and schedule;
.6 Site furnishings plan and schedule;
.7 Complete technical specifications.(CSI format).
§2.1.6 Procurement Phase:To the extent applicable to landscape architect's Construction Documents
the following:
.1 Preparation of any addenda to the Contract Documents as may be required during the bidding
or negotiating process;
.2 Evaluation and assessment of bids or negotiated proposals.
.3 Propose and/or evaluate value engineering and substitutions with respect to cost implications
and effect on quality and/or scope of the work.
112.1.7 Construction Phase:To the extent applicable to landscape architect's Construction Documents
the following:
.1 Attend one pre-construction meeting and assist the Architect in conducting this meeting;
.2 Review shop drawings and contractor submittals as they relate to the overall site development
and general conformance of the design as set forth by the contract documents;
.3 Assist in the review of substitutions,change orders,contractor schedule reports and pay
requests;
.4 Visit the site to observe and report on the progress and quality of work and to determine,in
general,if the work is proceeding in accordance with the contract documents.The landscape
architect shall not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work.Site visits shall be limited to six visits,including one punch
list visit;
.5 Provide a written report of each site visit,including a summary of any corrective work to be
performed;
.b Assist the contractor in the preparation of a list of items requiring corrective action prior to the
contractor's final pay request and Owner's acceptance;
.7 Determine and certify substantial completion.
$2.1.8 Landscape Services not included:These services may be added with a mutually agreeable
contract amendment.
.1 On-structure drainage,detailing,and irrigation(if the design includes a roof deck).
.2 Marketing renderings.
ARTICLE 3 CONFORMED DOCUMENTS FOR CONSTRUCTION
0.1 Architect shall collect,and record design changes issued subsequent to the completion of
construction documents and prior to the start of construction into a stamped,conformed architectural
drawing set and the Architect shall incorporate conformed drawing sheets prepared and provided by
Owner's other consultants to compile an as-designed record drawing set.
ARTICLE 4 AS-DESIGNED RECORD DRAWINGS
0.1 Architect shall collect,and record design changes issued subsequent to the completion of
construction documents into an unstamped,as-designed architectural record drawing set and shall
incorporate as-designed drawing sheets prepared and provided by Owner's other consultants to compile
an as-designed record drawing set.
ARTICLE 5 TELECOMMUNICATIONS/DATA/AV/ACOUSTICS/DESIGN
§5.1 Information transport systems infrastructure to include:
§5.1.1 UTP cabling to support voice/data and network connectivity to support IP solutions for
electronic surveillance.
§5.1.2 Infrastructure design to support wireless access connectivity in specific building areas.
§5.1.3 Telecom Rooms(TR's)design,layout and connectivity including detailed plan views,rack
elevations,and wall sections.
0.1.4 Coordination of the information technology system design and requirements with the A/E
design team.
§5.1.5 Assist the Owner with bid evaluations and recommendations.
§5.1.6 Construction Administration including(2)periodic site observation visits with supporting job
field reports,submittal review/comment,RFI review/comment.
§5.2 Building communications connectivity,including both cabling and conduit pathway,to the
nearest available Telecommunications service point.
§5.2.1 Coordination of communication system pathways with the A/E design team.
§5.2.2 Assist the Owner with bid evaluations and recommendations.
§5.2.3 Construction Administration including periodic site observation visits with supporting job field
reports,submittal review/comment,RFI review/comment.
§S.3 Consultation and design services for Audio/Visual and Acoustics.
§5.4 Deliverables to include:
§S.4.1 Schematic Design narratives
§5.4.2 Design Development design narratives,conceptual drawings,and CSI format specifications
§5.4.3 Construction Documents,including detailed designs,active equipment schematics and CSI
format specifications.
§5.5 The following are excluded from this Supplemental Service:
§S.S.1 General
.1 Commissioning and testing of the technology systems.
.2 Attendance at construction progress meetings.
.3 Consultation and design services for cable televistion.
§S.S.2 Information Technology
.1 Clocks,paging,radio,PBX,building automation,satellite systems,voice and data active
equipment(LAN's/WAN's).
.2 Distributed Antenna Systems(DAS)consultation and design.
§5.5.3 Electronic Security
.1 Remote Central Dispatch Center
.2 Fire Alarm system intercom,including Areas of Refuge Threat Vulnerability consultation and
reporting.
§S.S.4 Outside Plant
.1 Conduit connectivity,including both conduit pathway and cabling,other than to the nearest
available Telecommunications service point.
.2 Service Provider contract negotiations.
ARTICLE 6 SECURITY EVALUATION AND PLANNING
§6.1 Electronic security systems design to include:access control,intrusion detection,electronic
surveillance,and emergency notification and duress.
§6.1.1 Coordination of electronic security systems with A/E design team.
§6.1.2 Assist the Owner with bid evaluations and recommendations.
§6.1.3 Construction Administration including(2)periodic site observation visits with supporting job
field reports,submittal review/comment,RFI review/comment.
§6.2 The following are excluded from this Supplemental Service:
§6.2.1 Electronic Security
.1 Remote Central Dispatch Center
.2 Fire Alarm system intercom,including Areas of Refuge
.3 Threat Vulnerability consultation and reporting.
ARTICLE 7 COMMISSIONING
§7.1 The Architect shall provide commissioning services to include all tasks and deliverables required
to meet the requirements the 2015 international Energy Conservation Code,Section 408,including the
following:
0.1.1 Pre-construction:
.1 Develop a preliminary commissioning plan to be shared with construction team.
.2 Provide a commissioning specification for inclusion in the project manual.
§7.1.2 Construction Administration:
.1 Develop the final commissioning plan.
.2 Develop and review Prefunctional Tests.
.3 Conduct commissioning kick-off meeting and subsequent commissioning meetings as required.
.4 Perform site visits to review equipment installation.
.S Perform one(1)return visit to the project once the deficiencies have been addressed to verify,
they are completed.
.6 Conduct functional performance testing of commissioned systems.
.6.a Mechanical system equipment:Chilled water system;Air distribution system;HVAC controls
system;HVAC controls system;and Economizers
.6.bElectrical lighting control system equipment:Occupancy sensors;Time-switch controls;Daylight
responsive controls
.6.c Plumbing:Domestic water heating controls;Water heating system controls
§7.1.3 Documentation deliverables:
.1 Commissioning Plan
.2 Pre-Functional Checklist forms
.3 Functional Performance Test Forms
.4 Deficiency report and resolution record
.S Final Commissioning Record Report
§7.1.4 General Requirements:
.1 Any additional visits required will be provided as an Additional Service.
.2 The Architect will require the assistance of the building controls contractor to facilitate the
functional testing.
ARTICLE 8 PROJECT VISUALIZATION
§8.1 Rendering:The Architect will provide two(2)interior and two(2)exterior print-quality
renderings depicting the exterior of the building developed from Architect's Revit model with
materiality,entourage,and lighting generated from Architect's rendering software with artistic
touchups generated using Photoshop for project marketing and promotion purposes.
Exhibit E
Total Cost Proposal
Round Rock Griffith Building and Paseo
McKinney York Architects
Cost of the Work Budget $13,000,000.00
Predesign Phase Supplemental Services* $280,600.00
Programming $88,400.00
Existing Conditions Documentation $62,200.00
Site Evaluation,Facility Conditions Assessment and Preliminary Feasibility $130,000.01)
Bask Services* $1,055,500.00
Design and Construction Phase Supplemental Services* $223,900.00
Additional Services $100,000.00
Reimbursable Expenses $10,01)0.00
'TOTAL NOT TO EXCEED FEE
' Sum of these services calculated at 12%of Cost of the Work