Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Contract - Jacobs Engineering Group, Inc. - 5/23/2024
Document B1 33 - 2019 Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition 23 AGREEMENT made as of the V day of May in the year 2024 (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Architect's client identified as the Owner: added information needed for its (Name, legal status, address, and other information) completion.The author may also have revised the text of the original City of Round Rock AIA standard form.An Additions and 221 East Main Street Deletions Report that notes added Round Rock,Texas 78664 information as well as revisions to the standard form text is available from the author and should be reviewed.A vertical line in the left and the Architect: margin of this document indicates (Name, legal status, address, and other information) where the author has added necessary information and where Jacobs Engineering Group Inc. the author has added to or deleted 1999 Bryan Street from the original AIA text. Suite 3500 This document has important legal Dallas,Texas 75201 consequences.Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be for the following Project: used in conjunction with AIA (Name, location, and detailed description) Documents A201-2017Tm,General Conditions of the Contract for Bob Bennett Phases 11,111,and IV Construction;A133-2019 rm 3400 Sunrise Road Standard Form of Agreement Round Rock,Texas 78665 Between Owner and Construction The Owner and Architect previously developed a Master Plan of all phases required to Manager as Constructor where the create the Bob Bennett Complex,a single campus that contains multiple City of Round basis of payment is the Cost of the Rock Departments,specifically,Utility and Environmental Services,Transportation,and Work Plus a Fee with a Guaranteed General Services'Fleet Maintenance. The Master Plan envisioned a 20-year growth plan Maximum Price;and Al34-2019"" accompanied in three(3)phases.Phase I of the Master Plan was completed in 2019 and Standard Form of Agreement this Project is for the completion of Phases 11,III,and IV. Between Owner and Construction Manager as Constructor where the The Construction Manager(if known): basis of payment is the Cost of the (Name, legal status, address, and other information) Work Plus a Fee without a Guaranteed Maximum Price.AIA Unknown Document A201^"-2017 is adopted in this document by reference.Do not use with other general conditions unless this document is modified. The Owner and Architect agree as follows. -?-2024- 12(p Init. AIA Document 8133—2019.Copyright @ 2014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (389ADA47) TABLE OF ARTICLES 1 INITIAL 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 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION §1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (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 Master Plan will be reviewed and updated to verify all groups and functions required and accommodated. The Master Plan Update will address the Owner's needs beyond the original 2035 long-term goals,as the City's growth rates have exceed the original Master Plan goals.The planning date will be determined during the Master Plan Update.From the Master Plan Update,Phases II,III,and IV will be designed and built out over the following years to eventually complete the full Bob Bennett Complex and keep the additional phases cohesive with the completed Phase I. §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 of public and private utilities and services; legal description of the site, etc) Owner will provide a geotechnical report and other pertinent information. See Exhibit"C"2021 Master Plan Space Allotments. §1.1.3 The Owner's budget for the Cost of the Work,as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Forty-Six Million Nine Hundred Twenty-Six Thousand Five Hundred and No/100 Dollars($46,926,500.00) Init. AIA Document 8133—2019.Copyright®2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 2 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) ,j r §.1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: See Exhibit"D" Project Schedule .2 Construction commencement date: See Exhibit"D"Project Schedule .3 Substantial Completion date or dates: See Exhibit"D"Project Schedule .4 Other milestone dates: See Exhibit"D"Project Schedule §1.1.5 The Owner intends to retain a Construction Manager pursuant to the following agreement: (Indicate agreement type) [X] 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. [ ] AIA Document Al 34-2019, 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. §1.1.6 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/procurement packages.) N/A §1.1.7 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any.) N/A §1.1.7.1 If the Owner identifies a Sustainable Objective,the Owner and Architect shall complete and incorporate AIA Document E234Tw-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 shall 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 Construction Supervisor 212 Commerce Boulevard Round Rock,Texas 78665 Init. AIA Document 13133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 3 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (389ADA47) §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.) Round Rock Planning Department;Round Rock Transportation Department;Round Rock Utilities and Environmental Services Department;and Round Rock General Services Department. §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 of this Agreement,state the anticipated date of retention.If the Architect is to assist the Owner in selecting the Construction Manager, complete Section 4.1.1.1) The Owner shall reatain a Construction Manager not later than September 12,2024. .2 Land Surveyor: N/A .3 Geotechnical Engineer: Rock Engineering Arnie K.Hammock,P.E. 7 Roundville Lane Round Rock,Texas 78664 .4 Civil Engineer: N/A .5 Other consultants and contractors: (List any other consultants and contractors retained by the Owner.) Preferred Technologies-for security and cameras;Austin Structured Cabling-for IT and AV;HTS- for controls;and Facilities Resources-for furniture. §1.1.11 The Architect identifies the following representative in accordance with Section 2.4: (List name, address, and other contact information.) Kris Kunkel Jacobs Engineering Group Inc. Init. AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 4 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) / M Senior Project Architect 2705 Bee Cave Road Suite 3 Austin,Texas 78746 §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: N/A .2 Mechanical Engineer: N/A .3 Electrical Engineer: N/A §1.1.12.2 Consultants retained under Supplemental Services: N/A §1.1.13 Other Initial Information on which the Agreement is based: N/A §1.2 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 shall 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. §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. Init. AIA Document B133-2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,"'American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 5 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) W §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 E203Tm-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202Tm-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. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES §2.1 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("Standard of Care"). The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project.IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. §2.3 The Architect shall provide its services in conjunction with the services of a Construction Manager as described in the agreement identified in Section 1.1.5.The Architect shall not be responsible for actions taken by the Construction Manager. §2.4 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. §2.5 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. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains,the Owner shall pay the Architect as set forth in Section 11.9. §2.6.1 Commercial General Liability with policy limits of One Million Dollars and Zero Cents($ 1,000,000.00)for each occurrence and Two Million Dollars and Zero Cents($2,000,000.00)in the aggregate for bodily injury and property damage. §2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of One million Dollars and Zero Cents($ 1000000.00)combined single limit 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 insurers. §2.6.4 Workers' Compensation at statutory limits. §2.6.5 Employers' Liability with policy limits of One Million Dollars and Zero Cents($ 1,000,000.00)each accident,One Million Dollars and Zero Cents($ 1,000,000.00)each employee,and One Million Dollars and Zero Cents($ 1,000,000.00)policy limit. Init. AIA Document B133-2019.Copyright®2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 6 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) r §2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of Five Million Dollars and Zero Cents($5,000,000.00)per-claim and Ten Million Dollars and Zero Cents($ 10,000,000.00)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 to the extent caused by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. §2.6.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.6. 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 Preconstruction 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. §3.1.4 The Architect shall submit information to the Construction Manager and participate in developing and revising the Project 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 non-conforming 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. §3.1.8 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 knit AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute of Architects,"'American Institute of Architects,""AIA,"the AIA Logo,and'AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 7 under Order N0.2114529570 which expires on 04/26/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documentse Terms of Service.To report copyright violations,e-mail docinfb@aiacontrects.com. User Notes: (369ADA47) rli Architect.The Architect and Construction Manager shall include the Owner in communications related to substitution requests,clarifications,and interpretations. §3.2 Review of the Construction Manager's Guaranteed Maximum Price Proposal or Control Estimate §3.2.1 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 or Control Estimate.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 inconsistencies or inaccuracies in the information presented,the Architect shall promptly notify the Owner and Construction Manager. §3.2.2 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 or Control Estimate. §3.3 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 terms of the other,to ascertain the requirements of the Project.The Architect shall notify the Owner of(1)any inconsistencies discovered in the information,and(2) other information or consulting services that may be reasonably needed for the Project. §3.3.3 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,in developing a design that is consistent with the Owner's program,schedule and budget for the Cost of the Work.The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1. §3.3.5.2 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. §3.3.6 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 Init. AIA Document 13133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 8 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents°Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) Iti 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. §3.3.8 In 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 be provided by the Construction Manager under 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 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. §3.4.2 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. §3.5 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)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. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 9 under Order N0.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) (%1 §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 A20 I 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 Control Estimate,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. §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,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 accordance with the design intent of the Construction Documents.However,the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.On the basis of Architect's observations during 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)observed deviations from the Contract Documents,(2)known deviations from the most recent 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 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. §3.6.2.4 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. Inst. AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 O under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) I.". §3.6.2.5 Unless the Owner and Construction Manager designate another person to serve as an Initial Decision Maker,as that term is defined in AIA Document A201-2017,the Architect shall render initial decisions on Claims between the Owner and Construction Manager as provided in the Contract Documents. §3.6.3 Certificates 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. §3.6.3.2 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,(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 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. §3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. §3.6.4 Submittals §3.6.4.1 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 submittal 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. §3.6.4.2 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 conformance with information given and the design concept expressed in the Contract Documents.Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions,quantities,and installation or performance of equipment or systems,which are the 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. §3.6.4.3 If the 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 4.2,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. Init. AIA Document 8133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 11 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) N §3.6.4.5 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 §3.6.5.1 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. §3.6.5.2 The Architect shall maintain records relative to changes.in the Work. §3.6.6 Project Completion §3.6.6.1 The Architect shall: .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 .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. §3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the design intent and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. §3.6.6.3 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 Owner 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 §4.1 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 for the Project by indicating whether the Architect or Owner shall 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 of services as an exhibit to this Agreement) Supplemental Services Responsibility Architect, Owner, or notprovided) §4.1.1.1 Assistance with Selection of Construction Manager Architect §4.1.1.2 Programming Architect §4.1.1.3 Multiple Preliminary Designs Architect Init. AIA Document 13133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 12 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA47) §4.1.1.4 Measured drawings Architect §4.1.1.5 Existing facilities surveys: Architect §4.1.1.6 Site evaluation and planning Architect §4.1.1.7 Building Information Model management responsibilities Architect §4.1.1.8 Development of Building Information Models for post Architect construction use f §4.1.1.9 Civil engineering Architect §4.1.1.10 Landscape design Architect §4.1.1.11 Architectural interior design Architect §4.1.1.12 Value analysis Owner §4.1.1.13 Cost estimating Owner §4.1.1.14 On-site project representation Architect §4.1.1.15 Conformed documents for construction Architect §4.1.1.16 As-designed record drawings N/A §4.1.1.17 As-constructed record drawings Architect §4.1.1.18 Post-occupancy evaluation Owner §4.1.1.19 Facility support services Owner §4.1.1.20 Tenant-related services Owner §4.1.1.21 Architect's coordination of the Owner's consultants Architect §4.1.1.22 Telecommunications/data design Architect §4.1.1.23 Security evaluation and planning Architect §4.1.1.24 Commissioning Architect §4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 N/A §4.1.1.26 Historic preservation N/A §4.1.1.27 Furniture,furnishings,and equipment design Architect §4.1.1.28 Other services provided by specialty Consultants Owner §4.1.1.29 Other Supplemental Services N/A §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 Architect's Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, idents the exhibit. The 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) See Exhibit"A" Scope of Services §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) N/A §4.1.3 If the Owner identified a Sustainable Objective in Article 1,the Architect shall provide,as a Supplemental Service,the Sustainability Services required in AIA Document E234Tm 2019,Sustainable Projects Exhibit, Construction Manager as Constructor Edition,attached to this Agreement.The Owner shall compensate the Architect as provided in Section 11.2. Init. AIA Document B133—2019.Copyright®2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 13 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) N §4.2 Architect's Additional Services The Architect may provide Additional Services 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. §4.2.1 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 Instruments 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 at,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 as 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. §4.2.2 To avoid delay in the Construction Phase,the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness,and explain the facts and circumstances giving rise to the need.If, upon receipt of the Architect's notice,the Owner determines that all or parts of the services are not required,the Owner shall give prompt written notice to the Architect of the Owner's determination.The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice: .1 Reviewing a Construction Manager's submittal out of sequence from the submittal schedule approved by the Architect; .2 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- �� AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute of Architects,"'American Institute of Architects,"'AIA,"the AIA Logo,and'AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 14 under Order No.21 M29570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA47) provided information,Construction Manager-prepared coordination drawings,or prior Project correspondence or documentation; .3 Preparing Change Orders,and Construction Change Directives.that require evaluation of the Construction Manager's proposals and supporting data,or the preparation of revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker;or .5 Evaluating substitutions proposed by the Owner or Construction Manager and making subsequent revisions to Instruments of Service resulting therefrom. §4.2.3 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 (NaN)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 (NaN)visits to the site by the Architect during construction .3 (NaN)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 (NaN)inspections for any portion of the Work to determine final completion §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-one(41.00)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 §5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner 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. §5.2 The Owner shall retain a Construction Manager to provide services,duties,and responsibilities as described in the agreement selected in Section 1.1.5. §5.3 The Owner shall establish the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Section 6.1;(2)the Owner's other costs;and,(3)reasonable contingencies related to all of these costs. 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 sufficient contingencies to cover such costs. §5.4 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. §5.5 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as Init. AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved.'The American Institute of Architects,"'American Institute of Architects;"AIA;the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 15 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) of., applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands; adjacent drainage;rights-of-way,restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site;locations,dimensions,and other necessary data with respect to existing buildings,other improvements and trees;and information concerting available utility services and lines,both public and private,. above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. §5.6 The Owner shall furnish 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. §5.7 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. §5.8 If the Owner identified a Sustainable Objective in Article 1,the Owner shall fulfill its responsibilities as required in AIA Document E234T"L2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. §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 furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants.The Owner shall furnish the services of consultants other than those designated 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 required 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. §5.10 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 Services,including errors,omissions or inconsistencies in the Architect's Instruments of Service.Upon receipt of such written notice during the Term of this Agreement and for twelve(12)months thereafter,Architect shall,at no cost to Owner,re-perform the Services as necessary to eliminate the nonconformity as soon as reasonably possible after receipt of such report from Owner.Provided that Architect satisfactorily re-performs the Services in a reasonable amount of time for deficiencies or nonconformities in the Services,Owner shall be restricted to the remedies expressly set forth in this Article,whether asserted on the basis of contract,warranty,tort(including negligence),strict liability or otherwise. Architect's obligation to re- perform deficient services shall not apply to any defect which results from:ordinary wear and tear,mis-operation, corrosion or erosion,noise levels,operating conditions more severe than thos contemplated in the original design,or a defect in the process or mechanical design or equipment famished or specified by Owner or others.Architect shall have no liability for costs related to the repair,replacement,addition or deletion of materials,equipment or facilities as a result of such deficiencies,which costs shall be deemed costs of the Project,whether incurred during performance of the Services or after completion of the Services. §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. §5.14 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. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 16 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) �v §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 §6.1 For purposes of this Agreement,the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include 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.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 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. §6.3.1 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. §6.4 If,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 cooperate with the Architect in making such adjustments. §6.5 If 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 as an Additional Service, 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 as 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. §6.7 After incorporation of modifications under Section 6.6,the Architect shall,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 Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 17 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) N 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 Instruments of Service,or any other information,the transmitting party is the copyrightowner of such information or has permission from the copyright owner to transmit such information for its use on the Project. §7.2 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 Architect's consultants. §7.3 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 rightfully 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 consultant(s)from all claims and causes of action arising from such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold 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 person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1.The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. §7.4 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 §8.1.1 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,tort,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,but in any case not more than 10 years after the date of Substantial Completion of the Work.The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. §8.1.2 To the extent damages are covered by property insurance,the Owner and Architect waive all rights against each other and against the contractors,consultants,agents and employees of the other for damages,except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017,General Conditions of the Contract for Construction.The Owner or the Architect,as appropriate,shall require of the Construction Manager,contractors,consultants,agents and employees of any of them,similar waivers in favor of the other parties enumerated herein. Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects;"AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 18 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) §8.1.3 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 amount of the insurance limits required by this Agreement. §8.1.4 The Architect and Owner waive contingent,consequential or other indirect damages including without limitation,damages for loss or use,revenue or profit(direct or indirect);operating costs and facility downtime or other similar business interruption losses,however they be caused,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. §8.2 Mediation §8.2.1 Any claim,dispute,or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution.If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. §8.2.2 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. §8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2,the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X] 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. §8.3 Reserved (Paragraphs Deleted) §8.4 The provisions of this Article 8 shall survive the termination of this Agreement. Init. AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 19 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA f Contract Documents Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA47) tJ ARTICLE 9 TERMINATION OR SUSPENSION §9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Architect's option,cause for suspension of performance of services under this Agreement.If the Architect elects to suspend services,the Architect shall give seven days' written notice to the Owner 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. §9.2 If the Owner suspends the Project,the Architect shall be compensated for services performed prior to notice of such suspension.When the Project is resumed,the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services.The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. §9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect,the Architect may terminate this Agreement by giving not less than seven days' written notice. §9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination,provided however that the non-performing party shall be afforded reasonable time to cure such failure in performance. §9.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Architect for the Owner's convenience and without cause. §9.6 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,Reimbursable Expenses incurred,and costs attributable to termination,including the costs attributable to the Architect's termination of consultant agreements. §9.7 In addition to any amounts paid under Section 9.6,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 pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) .1 Termination Fee: N/A .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: N/A §9.8 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 and Section 9.7. 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 8.3. Mit. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 20 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terns of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA47) N §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. §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 be 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 any 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. §10.9 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 Sum (Insert amount) Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 21 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) VJ Five Million Two Hundred Ninety-Three Thousand Five Hundred and No/100 Dollars ($5,293,500.00) .2 Percentage Basis (Insert percentage value) (NaN)%of the_Owner's budget for,the Cost of the Work,as-calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) N/A §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 as follows: (Insert amount of, or basis for, compensation.If necessary, list specific services to which particular methods of compensation apply.) N/A-included in 11.1 §11.3 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) Four Hundred Thousand and No/100 Dollars($400,000.00) §11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent(NaN%),or as follows: (Insert amount of, or basis for computing,Architect's consultants'compensation for Supplemental or Additional Services.) N/A §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 and as set forth in Exhibit"E": Schematic Design Phase $710,000.00 percent ( N/A %) Design Development Phase $1,055,000.00 percent ( N/A %) Construction Documents Phase $1,237,500.00 percent ( N/A %) Construction Phase $1,032,500.00 percent ( N/A %) Pre-Design Services;Issue for $1,258,500.00 Bid,Bid Review, Commissioning;and Record Drawings Total Basic Compensation $5,293,500.00 percent ( 100 %) The Owner acknowledges that with an accelerated Project delivery,multiple bid package process,or Construction Manager as 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. §11.6 When compensation identified in Section 11.1 is on a percentage basis,progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work.Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. Init. AIA Document B133-2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 22 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3139ADA47) IV §11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions.The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. §11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below.The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below) See Exhibit"F"Hourly Rate Schedule Employee or Category Rate($0.00) §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; .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 form 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 percent(NaN%)of the expenses incurred. § 11.9 Architect's 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 2.6, and for which the Owner shall reimburse the Architect.) N/A §11.10 Payments to the Architect §11.10.1 Initial Payments §11.10.1.1 An initial payment of Zero Dollars and Zero Cents($0.00)shall be made 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 If a Sustainability Certification is part of the Sustainable Objective,an initial payment to the Architect of Zero Dollars and Zero Cents($0.00)shall be made upon execution of this Agreement for registration fees and other Init. AIA Document 8133—2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 23 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) {a,/ fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification.The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. §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 Thirty(30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon) In Accordance with the Texas Prompt Payment Act%monthly §11.10.2.2 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. §11.10.2.3 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 In accordance with Chapter 2271,Texas Government Code,a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract.The signatory executing this Agreement on behalf of Architect verifies Architect does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2271,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten(10)full-time employees for a value of at least$100,000.00 unless the contract has a provision verifying that it: (1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association.The signatory executing this Agreement on behalf of Architect verifies Architect does not have a practice,policy,guidance or directive that discriminates against a firearm entity or firearm trade association,and it will not discriminate during the term of this Agreement against a firearm entity or firearm trade association. In accordance with Chapter 2274,Texas Government Code,a governmental entity may not enter into a contract with at least ten(10)full-time employees for a value of at least$100,000.00 unless the contract has a provision verifying that it: (1)does not boycott energy companies; and(2)will not boycott energy companies during the term of the contract.The signatory executing this Agreement on behalf of Architect verifies Architect does not boycott energy companies and it will not boycott energy companies during the term of this Agreement. 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: .1 AIA Document B133TM-2019, Standard Form Agreement Between Owner and Architect,Construction Manager as Constructor Edition .2 AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,dated as indicated below,if completed,or the following: (Insert the date of the E203-2013 incorporated into this agreement) Init. AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 24 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA / Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) e N/A .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E234Tm -2019, Sustainable Projects.Exhibit,Construction Manager as Constructor Edition dated as indicated below. (Insert the date of the E234-2019 incorporated into this agreement) N/A [X] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) Exhibit"A" Scope of Services Exhibit'B"Team Organization Exhibit"C"2021 Master Plan Space Allotment Exhibit"D" Project Schedule Exhibit"E"Compensation Schedule Exhibit"F"Architect Hourly Billing Exhibit"G"Certification of Insurance .4 Other documents: (List other documents, if any,forming part of the Agreement.) N/A This Agr ent en r d in as of the day and year first written above OWNER(S ature) ARCHITECT(Signature) an CraigMor Ma r Sindhu Avalokita,Director of Operations (Printed name and 'tle) (Printed name, title, and license number, if required) Init. AIA Document B133-2019.Copyright®2014,and 2019.All rights reserved."The American Institute of Architects,`"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 25 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA t Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) N Additions and Deletions Report for AIA"' Document 8133— 2019 This Additions and Deletions Report,as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:04:57 ET on 05/02/2024. PAGE 1 AGREEMENT made as of the day of May in the year 2024 City of Round Rock 221 East Main Street Round Rock,Texas 78664 Jacobs Engineering Group Inc. 1999 Bryan Street Suite 3500 Dallas,Texas 75201 Bob Bennett Phases II,III,and IV 3400 Sunrise Road Round Rock,Texas 78665 The Owner and Architect previously developed a Master Plan of all phases required to create the Bob Bennett Comp lex,a single campus that contains multiple City of Round Rock Departments,specificallUtility, and Environmenta 1 Services, Transportation,and General Services' Fleet Maintenance. The Master Plan envisioned a 20- yearrg owth plan accompanied in three(3)phases. Phase I of the Master Plan was completed in 2019 and this Projec t is for the completion of Phases II, III,and IV. Unknown PAGE 2 The Master Plan will be reviewed and updated to verify all groups and functions required and accommodated. The Master Plan Update will address the Owner's needs beyond the original 2035 long- Additions and Deletions Report for AIA Document B133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 1 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) / �V' term goals as the City's growth rates have exceed the original Master Plan goals. The planning date will be determin ed during the Master Plan Update.From the Master Plan Update,Phases II,III,and IV will be designed and built out over the following years to eventually complete the full Bob Bennett Complex and keep the additional phases cohes ive with the completed Phase I. Owner will provide a geotechnical report and other pertinent information.See Exhibit"C"2021 Master Plan Space Allotments. Forty-Six Million Nine Hundred Twenty-Six Thousand Five Hundred and No/100 Dollars($46,926,500.00) PAGE 3 See Exhibit"D"Project Schedule See Exhibit"D"Project Schedule See Exhibit"D"Project Schedule See Exhibit"D"Project Schedule [X] 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. N/A N/A Richard Will City of Round Rock Construction Supervisor 212 Commerce Boulevard Round Rock,Texas 78665 Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 2 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) PAGE 4 Round Rock Planning Department;Round Rock Transportation Department;Round Rock Utilities and Environment al Services Department;and Round Rock General Services Department. The Owner shall reatain a Construction Manager not later than September 12,2024. N/A Rock Engineering Arnie K.Hammock,P.E. 7 Roundville Lane Round Rock,Texas 78664 N/A Preferred Technologies-for security and cameras;Austin Structured Cabling-for IT and AV;HTS for controls;and Facilities Resources-for furniture. Kris Kunkel Jacobs Engineering Gromp Inc. Senior Project Architect 2705 Bee Cave Road Suite 3 Austin,Texas 78746 PAGE 5 N/A Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 3 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail doanfo@aiacontracts.com. User Notes: (3B9ADA47) N/A N/A N/A N/A PAGE 6 §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 similarcircumstances ("Standard of Care"). The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. §2.6.1 Commercial General Liability with policy limits of ne Million Dollars and Zero Cents($ 1,000,000.00)for each occurrence and Two Million Dollars and Zero Cents($2,000,000.00)in the aggregate for bodily injury and property damage. §2.6.2 Automobile Liability covering vehicles owned,and non-owned vehicles used,by the Architect with policy limits of not less than ($ `One million Dollars and Zero Cents($ 1000000.00)combined single limit 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. §2.6.5 Employers' Liability with policy limits not less`haft 'Q `eaeh..,,,idem, 'e of One Million Dollars and Zero Cents($ 1,000,000.00)each accident,One Million Dollars and Zero Cents($ 1,000,000.00)each employee,and One Million Dollars and Zero Cents($ 1,000,000.00)policy limit. PAGE 7 §2.6.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than (e Five Million Dollars and Zero Cents($5,000,000.00)per claim and Ten Million Dollars and Zero Cents($ 10,000,000.00)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 to the extent caused by the Architect's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. Additions and Deletions Report for AIA Document B133-2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 4 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail doclnfo@aiacwntracts.com. User Notes: (3139ADA47) PAGE 10 §3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction,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 afnafmeF indieating that the Work,when fully eempleted,will be in aeeeFdanee with the Gentmet . cordance with the design intent of the Construction Documents.However,the Architect shall not be required to make exhaustive or continuous on- site inspections to check.the quality or quantity of the Work. On the basis of Architect's observations during 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 observed deviations from the Contract Documents, (2)known deviations from the most recent construction schedule submitted by the Construction Manager,and(3) defects and deficiencies observed in the Work. PAGE 12 §3.6.6.2 The Architect's inspections shall be conducted with the Owner to(1)check conformance of the Work with the esign intent and(2)verify the accuracy and completeness of the list submitted by the Construction Manager of Work to be completed or corrected. PAGE 13 §4.1.1.1 Assistance with Selection of Construction Manager Architect §4.1.1.2 Programming Architect §4.1.1.3 Multiple Preliminary Designs Architect §4.1.1.4 Measured drawings Architect §4.1.1.5 Existing facilities surveys Architect §4.1.1.6 Site evaluation and planning Architect §4.1.1.7 Building Information Model management responsibilities Architect §4.1.1.8 Development of Building Information Models for post Architect construction use §4.1.1.9 Civil engineering Architect §4.1.1.10 Landscape design Architect §4.1.1.11 Architectural interior design Architect §4.1.1.12 Value analysis Owner §4.1.1.13 Cost estimating Owner §4.1.1.14 On-site project representation Architect §4.1.1.15 Conformed documents for construction Architect §4.1.1.16 As-designed record drawings N/A §4.1.1.17 As-constructed record drawings Architect §4.1.1.18 Post-occupancy evaluation Owner §4.1.1.19 Facility support services Owner §4.1.1.20 Tenant-related services Owner §4.1.1.21 Architect's coordination of the Owner's consultants Architect §4.1.1.22 Telecommunications/data design Architect §4.1.1.23 Security evaluation and planning Architect §4.1.1.24 Commissioning Architect §4.1.1.25 Sustainable Project Services pursuant to Section 4.1.3 N/A §4.1.1.26 Historic preservation N/A §4.1.1.27 Furniture, furnishings,and equipment design Architect Additions and Deletions Report for AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 5 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) §4.1.1.28 Other services provided by specialty Consultants Owner 4.1.1.29 Other Supplemental Services N/A See Exhibit"A" Scope of Services N/A PAGE 15 1 (NaN)reviews of each Shop Drawing,Product Data item,sample and similar submittals of the Construction Manager .2 (NaN)visits to the site by the Architect during construction .3 (NaN)inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 (NaN)inspections for any portion of the Work to determine final completion §4.2.5 If the services covered by this Agreement have not been completed within Fo -one(41.00)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. §5.1 Unless otherwise provided for under this Agreement,the Owner shall provide information in a timely manner 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. PAGE 16 §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 Prejeet,Services,including errors,omissions or inconsistencies in the Architect's Instruments of Service.Upon receipt of such written notice during the Term of this Agreement and for twelve(12)months thereafter,Architect shall,at no cost to Owner,re-perform the Services as necessary to eliminate the nonconformity as soon as reasonably possible after receipt of such report from Owner.Provided that Architect satisfactorilre-performs the Services in a reasonable amount of time for deficiencies or nonconformities in the Services Owner shall be restricted to the remedies expressly set forth in this Article,whether asserted on the basis of contract,warranty,tort(including negligence),strict liability or otherwise. Architect's obligation to re- perform deficient services shall not apply to any defect which results from: ordinary wear and tear,mis-operation, corrosion or erosion noise levels,operating conditions more severe than thos contemplated in the original design,or a defect in the process or mechanical design or equipment furnished or specified by Owner or others.Architect shall have no liability for costs related to the repair,replacement,addition or deletion of materials,equipment or facilities as a result of such deficiencies,which costs shall be deemed costs of the Proiect,whether incurred during performance of the Services or after completion of the Services. Additions and Deletions Report for AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 6 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) PAGE 17 §6.6 If the Owner chooses to proceed under Section 6.5.3,the ,Architect as an Additional Service,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 as 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. PAGE 19 §8.1.3 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 amount of the insurance limits required by this Agreement. §8.1.4 The Architect and Owner waive contingent,consequential or other indirect damages including without limitation,damages for loss or use,revenue or profit(direct or indirect),operating costs and facility downtime or other similar business interruption losses,however they be caused,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. [X] Litigation in a court of competent jurisdiction §8.3 ArhitratianReserved 8.3.1 if the pafties have seleated Fwhiti--stion as the methed for-binding dispute r-eseliation in this Agr-eement,any Rules in off-eet en the date efthis AgFeement. A defHand fOF ar-bitfatien shall be Fnade in wFiting,deliver-ed to the other-paf:ty to this AgFeemefit,and filed With thO POFSEM or-entity administefing the ar-bitrati An §9.3.1.1 A de-mamd-kar- shall be made fie ear-lief:t4an eefietiffently with the filing efa feque 6f legal Of eEJH40b10 administef4ag the afbitFatiea shall eenstitute the institution eflegal of equitable pr-eeeedings based on the AlRim, Additions and Deletions Report for AIA Document B133-2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 7 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) final,§8.3.2 The for-egoing agf eeffient to af:bitrate,and other-a9feements to afbitfate with an additional per duly eansented to by paFties to this Agr-eemefit, shall be speeifieally efifereeable in aeear-danee with applieable law in an),eouf4 having juFisjietian thereof. 8.3.3 The awar-d Fendef:ed by the ar-bitf atff(S)shall be with plieable lawin any uFt having risElietion theFeef, §8.3.4 Consolidation OF jaiRdef §9.3.4.1 Eithef pafvy, at its sele diseretien,may eanselidate aft arbitration eendtieted under-this Agr-eefnent with afly and(3)the afbitfations emplay mater-ially similar-pr-eeedural rules and Metheds, far-selecting arbitrate-(-) 8.3.4.2 hitheF pat4y, at its sole diser-etieft,may inelude by j oinder-per-sons or-entities substantiaNy iwi,elved in provided that the pany saught to be joined eensents in Aw4ing to sueh joinder. Censent tE)ar-bitfation invelving an additional p shall fiet eanstitute eensent te ar-bitFatien of afty claim, dispete eF ether-Fnatter in Eluestteft .,t,1,..-,-.-:bed in the .. 4en caiisent. 8.3.4.3 The Owner-and A+ehiteet gfant to any person of efitity made a paFty to an arbitration eendueted under-this the same rights efjoinder and cefiselidatien as the Owne A ehiteet under-this A g nt ' and PAGE 20 §9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the iefm inrtermination,provided however that the non-performing party shall be afforded reasonable time to cure such failure in performance. N/A N/A PAGE 22 Additions and Deletions Report for AIA Document 13133—2019.Copyright @ 2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 8 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) Five Million Two Hundred Ninety- Three Thousand Five Hundred and No/100 Dollars($5,293,500.00) (NaN)%of the Owner's budget for the Cost of the Work,as calculated in accordance with Section 11.6. N/A N/A-included in 11.1 Four Hundred Thousand and No/100 Dollars($400,000.00) §11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Sections 11.2 or 11.3,shall be the amount invoiced to the Architect plus percent(NaN%),or as follows: N/A §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:follows and as set forth in Exhibit"E": Schematic Design Phase $710,000.00 percent ( N/A %) Design Development Phase $1,055,000.00 percent ( N/A %) Construction Documents Phase $1,237,500.00 percent ( N/A %) Construction Phase $1,032,500.00 percent ( N/A %) Pre-Design Services;Issue for $1,258,500.00 Bid,Bid Review, Commissioning;and Record Drawings Total Basic Compensation one percent ( 100 %) h ed-j . 3,500.00 PAGE 23 See Exhibit"F"Hourly Rate Schedule §11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus percent(NaN%)of the expenses incurred. Additions and Deletions Report for AIA Document 8133—2019.Copyright 02014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was 9 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) N/A §11.10.1.1 An initial payment of Zero Dollars and Zero Cents($0.00)shall be made 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. PAGE 24 §11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective,an initial payment to the Architect of Zero Dollars and Zero Cents($0.00)shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. §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 DLiLty(30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. In Accordance with the Texas Prompt Payment Act%monthly 12.1 In accordance with Chapter 2271,Texas Government Code,a governmental enti1y may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it:(1) does not boycott Israel;and(2)will not boycott Israel during the term of the contract.The si ng atory executingthis his A greement on behalf of Architect verifies Architect does not boycott Israel and will not boycott Israel during the term of this Agreement. In accordance with Chapter 2271,Texas Government Code,a governmental entity may not enter into a contract with a company with at least ten(10)full- time employees for a value of at least$100,000.00 unless the contract has a provision verifying that it: (1)does not h ave a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;a nd(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association.The s ignatory executingthis his Agreement on behalf of Architect verifies Architect does not have a practice,policy, guidanc e or directive that discriminates against a firearm entity or firearm trade association,and it will not discriminate duri ng the term of this Agreement against a firearm entity or firearm trade association. In accordance with Chapter 2274,Texas Government Code,a governmental entity may not enter into a contract with at least ten(10)full- time employees for a value of at least$100,000.00 unless the contract has a provision verifying that it: (I)does not b oycott energy companies;and(2)will not boycott energy coWanies during the term of the contract.The si ng atorye xecuting this Agreement on behalf of Architect verifies Architect does not boycott energy companies and it will not boycott energy companies during the term of this Agreement. PAGE 25 N/A Additions and Deletions Report for AIA Document B133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 10 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA47) N/A [X] Other Exhibits incorporated into this Agreement: Exhibit"A" Scope of Services Exhibit"B"Team Organization Exhibit"C"2021 Master Plan Space Allotment Exhibit"D"Project Schedule Exhibit"E"Compensation Schedule Exhibit T"Architect Hourly Billing Exhibit"G"Certification of Insurance N/A Craig Morgan,Mayor Sindhu Avalokita,Director of Operations Additions and Deletions Report for AIA Document 8133—2019.Copyright©2014,and 2019.All rights reserved."The American Institute of Architects," "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was 11 produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (369ADA47) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I,Stephanie L. Sandre,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:04:57 ET on 05/02/2024 under Order No.2114529570 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document B 133T-2019, Standard Form of Agreement Between Owner and Architect,Construction Manager as Constructor Edition,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401—2003.Copyright©1992 and 2003.All rights reserved."The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 16:04:57 ET on 05/02/2024 under Order No.2114529570 which expires on 04/28/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (3I39ADA47) City of Round Rock 01 Bob Bennett Complex Jacobs March 28, 2024 EXHIBIT A SCOPE OF SERVICE CITY OF ROUND ROCK—BOB BENNETT FACILITY IMPLEMENTATION OF MASTER PLAN PHASE'S II, III, IV The City of Round Rock(herein referred to as CoRR or the Owner)along with Jacobs Engineering Group Inc. (herein referred to as either Jacobs or the Architect)developed a Master Plan of all phases to create the Bob Bennett Complex (BBC)a single campus that contains Administrative Office and Departmental Shop functions for Utility and Environmental Engineering (EU), Transportation (T), and General Services Fleet Maintenance(GS)departments.The Master Plan envisioned a 20-year growth plan accomplished in three phases. Phase I of the Master Plan was completed in 2019 and included all functions for the Utility and Environmental group and the engineering services for transportation. This scope of services will review and update the masterplan to verify all groups and functions are accommodated. The Master Plan will address City needs beyond the original 2035 long term goals as the cities growth rates have exceeded the original master plan goals. This planning date will be determined during the masterplan update. From this Master Plan phases 11, II and IV will be designed and built over the following years to eventually complete the full Bob Bennett Complex (BBC). The look and feel of all phases of the design will be consistent with the Phase 1 facility. If a completely new look is required additional time and fee will be needed. Refer to the Phase 2 and Phase 3 preliminary reports dated October 2021 for project expectations, preliminary space requirements and initial anticipated costs. Based on all three phases of this program, the 2021 estimated budget will be approximately Forty-Nine Million Two Hundred Thousand Dollars ($49,200,000)excluding market escalation. At the time of this SOW due to 16.84% inflation it is estimated this program construction cost will be$57,500,000. The construction method for at least Phase II of this program will be CMAR. The contractor will validate construction costs and set a GMP (Guaranteed Maximum Price)for the Phase. ASSUMPTIONS This proposal has been prepared based on the following assumptions: 1. The Master Plan accurately depicts the CoRR's intentions for development of the future phases of the property and minimum updates will be required to the Master Plan. 2. CoRR has obtained full access and control of the Bob Bennett Complex (BBC)property. The SPJST Lodge#187 land and building will not be included in the Master planning as the property will not be acquired in the near future. 3. The design team will provide an updated boundary and topological survey of the Phase II, III, IV sites. 4. CoRR will provide the required Geotechnical analysis of the Phase 11, III, IV sites. 5. An updated Facility Program of Need will need to be prepared for the proposed phases II, III, IV of the new facilities and will be part of the Architect's Scope of Service. 6. CoRR will make a room available for use by the Pre-design and Conceptual Design Team to use during the charrette phase to facilitate access to the project leadership team. 7. CoRR will aid the Architect to tour existing facilities as part of the Programming and Conceptual Design Phases of the project. 8. CoRR will make available any reports, tests, past surveys, or documents related to the Bob Bennett Site and Facilities and the Architect will be able to rely upon the accuracy of the material in the performance of tasks related to Phases ll, III, IV of the projects. 9. CoRR has initiated a Phase II, III, IV Environmental Assessment and Cultural Resources Investigation of the target property and currently anticipating a report confirming the property is ready for development without exception. 10. CoRR along with the Architect will catalogue all FF&E to be relocated from existing facilities to the new construction upon completion. The Architect's scope will use the list in the planning, design, and occupancy of the new facilities. 11. CoRR has not updated Room Data Sheets, Equipment Lists, and planning criteria and has requested the Architect to provide scope to updated and compile this information in the Master Plan as part of the Pre-design Phase Charrettes. 12. The Architect understands that as part of the building design activities, CoRR's Development Services Office requires project reviews at 35%, 65% and 95%of the CD/IFB Phase. 13. All utilities are adjacent to the target site and are of sufficient capacity to accomplish the proposed project. The planning and design to upgrade any and all offsite utility infrastructure, roads, streets, drives, drainage and amenities are specifically excluded from this proposal. 14. Bidding Phase services will be limited to preparing bid documents, leading a Pre-bid meeting, responding to RFI, and preparing Addenda. The CoRR will utilize the electronic Public Bidding Process for this project. 15. The Construction Manager selected to construct the improvements will be responsible for obtaining the Building Permit. 16. Design submittal CoRR reviews shall take 2 weeks each unless the design team is notified in writing that more time is required. 17. Pending the outcome of the pre-design needs assessment,additional fees might be required if the project increases in size, or scope. 18. Fueling Facility will be included in Phase II in the work truck parking lot behind the main Bob Bennett building. 19. Wash Facility will be included in Phase III, the location of the wash facility will be determined in predesign. 20. No special equipment will be required in Phase IV. Standard shelving and FF&E included in Fee. Page 1 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs SCOPE OF SERVICES 1. PRE-DESIGN SERVICES—ALL PROJECT PHASES II, III, IV—(Approx. 10 WEEKS) 1.1 Kickoff and Orientation Meeting The Architect will conduct an orientation/kick-off meeting for all the key stakeholders to explain the process and how each entity can participate most effectively. The objects of this meeting are to: • Identify Key decision makers and lines of Authority for Phases ll, III, IV • Confirm the calendar for the project identifying milestones, key dates for presentations, expectations for public engagements, and requirements for attending public meetings. • Confirm and update the Master Plan Project Program • Confirm the Project Schedule • Confirm the Project Budget • Clarify to whom Information Questionnaires are to be distributed and define what types of information is sought and when it should be returned to the Architect. 1.2 Tour Facilities and Obtain Reports, Documents and Data pertaining to the BBC (Bob Bennett Complex): The Architect will tour existing offices and facilities to be relocated to the new BBC site to become familiar with space, organization, expectations, areas of specific importance to each department and to gain understanding of issues to be addressed in the design of the new facility. The Architect will obtain the following Documents, Reports, and Data related to the BBC project: • Geotechnical/Subsurface Engineering Report with Recommendations (Provided by CoRR). • Floor Plans of all existing buildings and spaces to be affected by the development of new facilities at the BBCC. • Updated facility program prepared as part of the Master Plan • Permits for Water Quality, Environmental Assessment, and Cultural Resources indicating the site is approved for the proposed future development. 1.3 Space Needs Assessment Questionnaire Based on the Original Jacobs Master Plan,Architect will develop as needed Questionnaires to be distributed to Key Individuals seeking information and data to be utilized in preparing for the Charrette Workshops. The information sought will be instrumental in determining functional criteria, equipment preferences, and space requirements. The Architect will utilize case study facilities to determine best practices and efficiencies of operation in an effort to identify opportunities to reduce capital and operations costs. Some of the possible elements to be considered and discussed include: • Number of Employees (Current and Ultimate City buildout Anticipated needs) • Interior vs. exterior facilities • Administration functions • Maintenance bay/pit requirements • Fueling and Vehicle washing Bays and proposed location • Utility connections • Off-site maintenance functions • Vehicle storage • Future expansion 2. PLANNING AND DESIGN CHARRETTES/WORKSHOPS—ALL PROJECT PHASES II, III, IV 2.1. Operational Procedures and Philosophies Workshop Page 2 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs A. Interview CoRR Utility and Environment Engineering(EU), Transportation(T), and General Services (GS) Directors and Department Heads. 1) Determine Operations Procedures and Philosophies - Based upon the kick-off meeting and staff interviews, the Architect will develop operations procedures for the facility. Items to be addressed will include frequency of preventative maintenance, work tasks performed by BBC staff(as applicable)or outside vendors, and materials handling procedures. 2) Review and Validate Jacobs Master Plan on Data on Vehicles/Equipment Report - Operations and maintenance data on all vehicles or equipment to be maintained will be assembled or updated from the 2016 Masterplan. Data to be included in the Vehicle/Equipment inventory are make, model, dimensions,fuel options, weights, quantities, and operating characteristics. 3) Review,Validate and update Master Plan Space Program Based upon the information learned through case studies, interviews, and operations analysis, the Architect will update the space needs program. Included in this program will be initial facility functions and areas as well as projected areas to meet future expansions. The project will be programmed for interior spaces (administrative offices, shops, maintenance, warehouse, building support, etc.)covered spaces (canopy covered storage for materials and vehicles)and exterior spaces(employee parking, revenue and non-revenue vehicle parking/storage, visitor parking, material storage), as well as total site area requirements including open space and screening. The space program will be submitted in preliminary form for review by BBC and the City of Round Rock. The space program will include operational and space recommendations for the following areas: • Repair, inspection and special-use bays • Shop/equipment repair areas • Body repair activities and requirements • Vehicle cleaning interior and exterior • Building administration and security • Deliveries, loading dock. • Overhead Crane requirements • Staff support space needs including shower and locker areas, break rooms, etc. • Maintenance Vehicle Dispatch and Control Room requirements • Projected Staffing for administration, operations, and maintenance. • Determine parking and access requirements for non-revenue vehicles,employee vehicles, visitor vehicles and delivery vehicles • Exterior equipment storage • Maintenance of Way(vehicles&equipment)Storage Requirements B. Prepare Final Facility Program Upon completion and review of all work included above, the Architect will prepare a Final Facility Program Document. This document will include a narrative description of all functional areas and operations, staff and vehicle projections and the quantitative space program. The Final Facility Program Report will document the programming process and outline the key planning and design issues. The report will be distributed to the Design Team and key staff for review.The report includes the following narratives: • Project Overview- Describes the background and gives an overview of the project and the entities involved. • Basis for Design - Provides a summary of the more qualitative planning issues that were noted during interview sessions.The summary includes a description of each group's responsibilities, hours of operation, staff counts, vehicle parking,vehicles maintained, and a list of key planning issues. All of this is compiled for consideration during future planning and design efforts. • Space Needs Program -Presents a detailed listing of space requirements for all the stakeholders on the site. The intent of the program is to identify program spaces to fulfill the current and future facility needs. Programmed spaces are further defined by their quantity, area, and any remarks significant to design. Page 3 of 25 TityCof Round Rock 7 Bob Bennett Complex Jacobs Deliverables: • Preliminary Space Program • Final Facility Program Document including: • Project Overview • Basis for Design • Space Needs Program 2.2. Develop Design Criteria Charrette/Workshop The Architect will verify and amend the CoRR design criteria document to be used for planning and designing the new BBC facilities. The design criteria will identify preliminary functional requirements for building systems including architectural, civil, structural, equipment, mechanical, electrical, and plumbing such as: • Site and zoning requirements • Understanding of the owner's project objectives stated in terms of function,form, quantity,quality,economy, and time. • Materials, finishes, and clearance requirements throughout the project. • General site grading, paving, and drainage issues. • Functional spacing and placement of structural systems. • Ventilation requirements for each functional area including repair bays, maintenance shops, welding, battery, wash areas, and lower-level work areas. • Minimum design temperatures for heating and cooling for each functional area. • Lighting levels and type of lighting for all exterior areas including employee and visitor parking, repair staging, vehicle circulation areas, and outside secure storage. • Lighting levels and type of lighting for each functional area within the facility. • Functional areas and equipment to be included on emergency power generating system. • Fire protection and service fluids piping and storage systems. • Vehicle washing/cleaning. • Vehicle fueling • Environmental health, safety, OSHA and any other regulatory requirement Deliverable: Updated Design Criteria Report/Basis of Design (BOD) 2.3 Validate and Finalize Equipment List Charrette/Workshop The Planning Team will interview Department Heads and Directors to identify and compile a list of all shop equipment required to support maintenance activities by functional area. The Equipment List will also identify all requirements for power, compressed air,water, etc.,for each piece of equipment. Functional areas will include, but not be limited to administration, battery room (if needed for electric vehicles), brake room, maintenance administration, materials handling, mechanic facilities, repair bays, service and cleaning, tire shop, tool crib, fueling, body and paint shop, component overhaul,test area, and welding shop. All quantities will be identified. The Equipment List will also indicate the estimated retail cost of all equipment. Deliverable: Maintenance Facilities Room Data Sheets and Listing of Shop/ Maintenance Equipment 2.4 Preliminary Engineering for Site Development Charrette/Workshop • Identify potential alternatives to meet the requirements established in the previous task. • Participate in an on-site design charrette working directly with the Design Team and CoRR to develop up to three alternatives for site configuration and general building design. During this on-site process, alternatives will be reviewed by CoRR staff. Based on review comments, selected alternatives will be refined and presented for review. A final review meeting will result in an updated Master Plan and Conceptual Design. • Site Grading and Drainage Grading Options • Site issues addressed will include: - Circulation patterns for vehicles, materials and personnel that will provide the most efficient, cost effective, and safest maintenance operation. Page 4 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs Ingress and egress routes, which maximize safety and security and minimize vehicular and pedestrian conflict on and off the site. Site area relationships including administration, operations, and maintenance facilities and employee, delivery, and visitor parking. 2.5 Conceptual Facility Layout Charrette A conceptual facility layout will be developed for all phases ll, III, IV and long-term expansion of the facility. The layout will be limited to block diagrams illustrating basic functional groupings with horizontal and vertical circulation to confirm fundamental program requirements and design concepts. The conceptual layout will include: • Site plans: Indicate orientation, site use, structures placement, facilities development, circulation and parking, utility systems also showing with existing utilities, landscape and hardscape concepts and forms. • Block diagrams (floor plans): One for each proposed level; group repetitive levels. • Sections:At least two sections, perpendicular to each other at the same scale as the block diagrams to establish vertical control. • Exterior elevations: Block outs to illustrate massing and context. • Image sketches of the site and its overall development. 2.1 Conceptual Masterplan Design Update Charrette • Identify potential alternatives to meet the requirements established during the Phase II, III, IV Site Master Plan Charrette. • Participate in an on-site design charrette working directly with the Preliminary Engineering Design Team and representatives of CoRR's General Services, Utility and Environmental Services and Transportation Departments, to develop specific conceptual building floor plans. During this on-site process, alternatives will be reviewed by CoRR staff. Based on review comments, selected alternatives will be refined and presented for review. A final review meeting will result in selected Conceptual Building Floor Plans. • Facility issues addressed will include: Developing circulation patterns for equipment, materials, and personnel within the buildings and their relation to site circulation patterns. Establishing functional area relationships both between departments and between workstations within department. Primary considerations to be industrial workflow, supervision, and safety. Reviewing architectural design for functional response to program and adherence to approved maintenance concept. 2.2 Conceptual Cost Estimate/Budget Reconciliation Upon completing the above tasks, the Architect will prepare a conceptual/order-of-magnitude capital cost estimate for the entire facility. Considerations will be made with respect to capital costs, life cycle costs and value engineering to reduce Near Term and Long-Term costs. Once feedback is received, the Architect will then finalize a prioritized concept and program in tabular form. Deliverables: • Conceptual Cost Estimate • Updated BOD FINAL DESIGN SERVICES: A. TRANSPORATION ENGINEERING AND MAINTENANCE - PHASE II—Thirty(30)Weeks not including bidding phase Based upon information and program established during pre-design and approved project concepts and budget the Architect will initiate Final Design services. B. GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—Thirty-six (36)Weeks not including bidding phase Page 5 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs When Phase II of the BBC reaches the milestone of 95%design documents the design team will commence development of the Phase III plans. All document phases for this scope will be identical to the Phase II design. The Phase III design will be based upon information and program established during pre-design and approved project concepts and budget the Architect will initiate Final Design services. If market conditions are favorable Phase IV could be incorporated into the Phase III design upon receipt of written direction from the City of Round Rock. C. GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—Thirty(26)Weeks not including bidding phase When Phase III of the BBC reaches the milestone of 95% design documents the design team will commence development of the Phase IV plans. All document phases for this scope will be identical to the Phases II and III design. The Phase IV design will be based upon information and program established during pre-design and approved project concepts and budget the Architect will initiate Final Design services. Phase IV might include the Fire Logistics Facility depending on the preprogramming analysis. If the Fire Logistics Facility is included additional services and time will be required to add to Phase IV. 1.0 Schematic Design (30%submittal) 1.1 TRANSPORATION ENGINEERING AND MAINTENANCE -PHASE II—Six(6)Weeks 1.2 GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—Eight(8)Weeks 1.3 GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—Five (5)Weeks a. Schematic Design Drawings The Architect will prepare drawings, which are in sufficient detail to illustrate design concepts, systems concepts, interfaces, scale, and relationships. The drawings will identify all project components, systems, circulation, and access, including, site plans, parking plans, exterior elevations, sections, schematic space plans that include maintenance and administration functions, preliminary equipment layouts.A Preliminary Table of Content(TOC)for the expected program specifications will be provided for review. Mechanical, electrical, plumbing design concepts,fire protection, and building systems will be addressed by narrative in the updated design report. These narratives once approved will be incorporated into 65%design documents. The schematic design documents will define the following: • Site layout including vehicle access/storage, circulation, service access and parking. • Utility locations (coordination with CoRR) • Preliminary drainage and grading plans/including revision to storm retention basis at west end of Luther Peterson Place • Preliminary landscape/screening • Organization's functional relationships that affect facility planning • Coordination yard layout with equipment • Coordination of preliminary plan and profile for vehicle yard • Maintenance Facility shop layout • Preliminary Fueling Location • Preliminary Wash Facility • Preliminary equipment layouts • Facility Floor Plans • Facility massing and scale. • Exterior elevations • Proposed Building Materials and Color Boards • Preliminary structural systems • Narrative of building mechanical and electrical and security systems • Equipment list • Specification TOC • Conceptual appearance(3D Sketchup Models and Renderings (2), Illustrative Site Plan) Page 6 of 25 TV City of Round Rock ON Bob Bennett Complex Jacobs b. Design Report The Schematic Design submittal will include a Basis of Design Report summarizing the project program, site and building systems requirements. The report will describe the following: • Documentation of applicable zoning regulations and building codes • Record of major design decisions; a brief description of the project scope and purpose, data sources,and contents • Environmental requirements • Geotechnical requirements. • Summary of space and functional program requirements (including a reconciliation of programmed and designed spaces at an appendix), schedule requirements • Narrative of major site, architectural, structural, mechanical, plumbing,fire protection, and electrical systems with proposed primary construction products and materials • Project budget and Schematic Design cost estimate c. 3D Study Models and Perspectives The Architect will prepare 3D SketchUp massing models and perspective renderings of the building exterior to illustrate the relationship of site and building components and overall massing. d. Estimate of Probable Costs to be developed by CMAR The Architect will review the cost estimate based on the completed Schematic Design Documents. Comments will be provided to CORR and the CMAR Contractor 2 weeks after receipt of official estimate. e. Preliminary Equipment List Identify, by functional area, preliminary requirements for maintenance and service equipment needed to support maintenance activities. Maintenance equipment includes storage equipment, shop equipment, wash equipment,vehicle exhaust systems, lifts, and cranes. Service equipment includes compressed air system components (i.e.,compressor, dryer, hose reels, filter/regulator/lubricator)and lubrication system components (i.e., pumps, tanks, hose reels). Identify quantities required, dimensions, and impact on other design team disciplines. Develop Preliminary Equipment List. All equipment to be listed by functional area within each department, alphabetically by description and numerically by equipment identifier. Equipment list includes information regarding description, quantity, price, dimensions, and procurement strategies, including possible long lead items, specification responsibility, and discipline coordination matrix. No Specialized equipment is required for Phase IV. The General Services warehouse will utilize standard shelving for storage and distribution of materials. Schematic Design Deliverables • Schematic Design Drawings • Basis of Design Report • 2 Preliminary Exterior Rendered Perspectives • Review of Estimate of Probable Costs Preliminary Equipment List 2.0 Design Development(65%Submittal) 2.1 TRANSPORATION ENGINEERING AND MAINTENANCE -PHASE II—Ten (10)Weeks 2.2 GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—Twelve (12)Weeks 2.3 GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—Seven (7)Weeks Page 7 of 25 P0 tyCiof Round Rock 7 Bob Bennett Complex Jacobs Based upon approved Schematic Design Documents, the Architect will prepare Design Development Documents which establish and describe the size, scope, character, material composition, systems, sequence of operation/control and other features by means of plans, sections and elevations, typical construction details, three dimensional sketches, study models, equipment layouts, specifications that identify major materials and systems and establish in general their quality levels. These Documents will include Design Development Design Analysis Report and Outline Technical Specifications. Early construction packages will be considered pending coordination with the Construction Manager. Design Development drawings will be developed to a 65% level of detail and include the following: a. Civil and Infrastructure Grading, drainage, paving, fencing, and erosion control plans including existing contours, final contours, mathematized horizontal and vertical geometry, horizontal and vertical clearances, storm sewer and water lines, drainage structures and details of special structures. Civil drawings will include: • Site development plan (horizontal control) • Site grading plan (vertical control) • Pavements, parking, and roadways plan • Site utilities plan, including above and below-ground utilities, points of connection to off-site services, buildings, and facilities. • Retaining wall, screen wall or other site structures • Storm Water Pollution Prevention Permit b. Structural Structural drawings will include foundations plans, caissons plans, nominal sizes, types and cross-sections of structural members and systems; critical structural clearances and details necessary to define the structural system. Structural drawings will include: • General notes • Floor plans showing structural foundation systems and sub-slab construction. • Horizontal and vertical framing systems showing slab(or equivalent)edges, suspended slab openings, depressed slab locations, maintenance pits, lateral load cross bracing, and typical construction details. • Final structural design criteria;foundation design criteria; preliminary sizing of major structural components; critical coordination clearances; outline specifications or materials list c. Architectural and Interiors Architectural building plans including site plan, overall plans, and partial plans, building sections, enlarged wall sections, exterior and interior details, reflected ceiling plans, elevations, 3D study perspectives and study models showing all building spaces and relationships. The Drawings will fully illustrate all constructed areas, space planning and component sizes, scope, systems, interfaces, spaces, functions, general materials, and finishes. Architectural drawings will include: • Architectural site plan • Building plans and enlarged plans for all disciplines. • Life Safety plans with exit load calculations • Fire-resistive assemblies and their locations • Building elevations and enlarged partial plans. • Building sections • Enlarged wall sections. • Exterior and interior details • Equipment and maintenance pit layout • Preliminary door,window,fixture, and room finish schedules • Update of Materials and Color Boards Page 8 of 25 0 City of Round Rock 7 Bob Bennett Complex Jacobs Interior design plans will include conceptual furniture plans,finish plans, lighting coordination and Interior details. The Drawings will fully illustrate all constructed areas, space planning and component sizes, scope, systems, interfaces, spaces, functions, general materials, and finishes. Interior drawings will include: • Conceptual Furniture plans and with coordinated data/power • Review proposed floor plan to determine that the furniture placement can be accommodated. • Interior finish plans and material legends • Furniture Selections to coordinate with preferred suppliers. • Develop key interior elements. • Select finish palette to coordinate with the existing finishes. • Review lighting is in alignment with function and furniture placement. • Specifying and new furniture, equipment as required. • Develop interior signage plan and specification. • Develop Interior elevations. • Develop key interior renderings. The Architect will prepare one(1)set of presentation drawings included rendered site plan, building plans and material/color sample finish boards of all interior and exterior materials. The sample boards will, as closely as possible, illustrate the material in similar ratios, as they would appear to each other. d. MEP Systems Systems drawings which define mechanical and electrical systems, including, but not limited to, HVAC, plumbing, fire protection, fire alarm, life safety, security, power, fiber optics, communications, gate facilities distribution, lighting, automated materials handling, grounding, lightning protection systems and other special systems appropriate for the project. Mechanical Systems drawings will include: • Site plans showing connection points for water,fire service, sanitary sewer and storm sewer. • Floor plans showing major equipment sizes and locations, heating and refrigerant supplies and returns, domestic hot and cold-water supplies and returns, air-handling equipment locations and air-handling distribution, air-handling supply systems and discharge locations and sizes, air-handling exhaust systems and intake locations and sizes, shafts and chases, plumbing fixture locations with fixtures keyed to plumbing fixture schedule and plumbing risers. • Fire suppression water shut-offs, controls, risers, and zones for horizontal distribution. • Detailed plumbing risers, HVAC, other plumbing, and mechanical systems Electrical Systems drawings will include: • Floor plans showing major plant equipment locations and sizes; electrical power systems, including transformers, switch gear, UPS equipment, emergency generators, and primary distribution, including panel boards and cable TV, security, communications,fire alarm and control, and sound systems, including equipment locations and sizes. • Detailed electrical power, lighting, communication, fire alarm and security CCTV • Vertical and horizontal distribution schematics (including all riser or chase locations) • Operational procedures and installation details for a complete security system. e. Maintenance Equipment Drawings and Schedules: Equipment Programming * Participate in equipment discussion meetings with Client to identify, by functional area, maintenance and service equipment needed to support maintenance activities. Maintenance equipment includes storage equipment, shop equipment, wash equipment, vehicle exhaust systems, lifts, and cranes. Service equipment includes compressed air system components (i.e., compressor, dryer, hose reels,filter/regulator/lubricator)and lubrication system components (i.e., pumps, tanks, hose reels). Identify quantities required, dimensions, and impact on other design team disciplines. o Update Equipment List to be consistent with equipment layout drawings and facility design. Equipment to be listed by functional area within each department, alphabetically by description and numerically by equipment Page 9 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs identifier. Equipment list includes information regarding description, quantity, price, dimensions, procurement strategies, specification responsibility, and discipline coordination matrix. o Assemble Maintenance Equipment Manual that includes Equipment Data Sheets and Equipment Cut sheets on maintenance and service equipment. o No maintenance equipment or service equipment as defined above will be included in Phase IV. Equipment Layout Drawings o Develop initial maintenance equipment layout drawings which provide an efficient, cost-effective industrial workflow through the facility. Include workstation layouts and materials handling storeroom layouts. Facilities/Equipment Coordination • Coordinate operational and equipment related functional requirements for building systems and components including architectural, structural, mechanical, electrical, plumbing, and human engineering. o Review architectural/engineering design for functional response to program equipment and code requirements. f. Landscape and Irrigation Landscape plans including overall and enlarged planting/xeriscape plans, hardscape plans, and irrigation plans to fully cover proposed planting as defined by CoRR Guidelines. • Planting plans • Soil Amendment plans • Hardscape plans • Irrigation plans • Fencing and screening wall sections and elevations g. Signage and Graphics Plans, sections, schedules, elevations, and detail drawings of building public signage and graphics. Signage and Graphics drawings will include floor plans and elevations of signage and graphics, showing their size,fastenings,and atypical and typical mounting details; illumination/electrical power requirements, etc. h. Preliminary Technical Specifications The Architect will prepare a complete set of Technical Specifications for the project in a format accepted by the CoRR.An outline of Division I guide specifications (General Requirements)will be furnished by the CoRR Project Manager and will be reviewed and commented on by the Architect. Comments will be submitted to CoRR in written form. i. Estimate of Probable Costs to be developed by CMAR The Architect will review the cost estimate based on the completed Design Documents. Comments will be provided to CORR and the CMAR Contractor 2 weeks after receipt of official estimate. Design Development Deliverables • Design Development Drawings • Outline Technical Specifications • Equipment Schedules • Update of Basis of Design Report • Update of Illustrative Drawings (2 Renderings and Illustrative Site Plan) • Review of Estimate of Probable Construction Costs • Equipment Manual Equipment List Update 1 Equipment Data Sheets Equipment Cut sheets. • Equipment Layout Drawings Page 10 of 25 72ity of Round Rock ON b Bennett Complex Jacobs 3.0 Contract Documents(95%submittal) 3.1 TRANSPORATION ENGINEERING AND MAINTENANCE -PHASE II—Twelve (12)Weeks 3.2 GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—Fourteen (14)Weeks 3.3 GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—Twelve (12)Weeks Based upon approved Design Development Documents and the incorporation of any changes or adjustments directed by the CoRR Project Manager, the Architect will prepare complete Construction Documents. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the construction work based on a Design/Bid/Build project delivery method. Phase II of the project will be CMAR delivery method in which a GMP(Guaranteed Maximum Price)will be established, and early design packages will be expected. Future phases III and IV project delivery method may differ from phase II. Design, Bid, Build and Construction Manager at Risk methods are covered within this scope and fee. Other method not defined at this time will be evaluated with possible additional services required. Construction Documents which establish and describe the complete size, scope,character, material composition, systems, sequence of operation/control and other features by means of plans, sections and elevations, typical construction details,three dimensional sketches, study models and equipment layouts, including specifications that identify major materials and systems and establish in general their quality levels. These Documents will include a final Design Analysis Report and complete Technical Specifications. Construction Document drawings and specifications will be developed to a 95% level of detail and will be inclusive off all deliverables defined in the Design Development phase above. Estimate of Probable Costs to be developed by CMAR The Architect will review the cost estimate based on the completed Design Documents. Comments will be provided to CORR and the CMAR Contractor 2 weeks after receipt of official estimate. Construction Document Deliverables: • 95% Contract Documents • 95%Technical Specifications • Division 1 Technical Specifications (Prepared by CoRR Office and Architect) • Technical Specifications (Prepared by Architect) Schedules(Prepared by Architect) • Update of Design Report Final Illustrative Drawings(2 renderings) • Review of Estimate of Probable Construction Costs 4.0 Invitation for Bid or Issue for Construction Documents (100%submittal) 4.1 TRANSPORATION ENGINEERING AND MAINTENANCE -PHASE II—Two(2)Weeks 4.2 GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—Two (2)Weeks 4.3 GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—Two(2)Weeks Based upon 95% Construction Documents which have been reviewed and accepted by the CoRR and stakeholders and the incorporation of any changes or adjustments directed by the CoRR Project Manager, the Architect will prepare Issue for Construction Documents for Phase II and Invitation for Bid (IFB) Documents pending the delivery method.The intent of the IFC/IFB Documents is to include all items final changes necessary for the proper execution and completion of the construction work based on a Design/Bid/Build project delivery method and all Agency and Utilities Applications and Permits. Pagel 1 of 25 0 City of Round Rock 7 Bob Bennett Complex Jacobs a.Bid Document Distribution The Architect will be responsible for printing the Bid Documents or distributing them to bidders and proposers and CoRR- designated plan rooms in accordance with instructions from the CoRR Project Manager. Cost for printing documents will be reimbursed by CoRR. 5.0 BID AND PROPOSAL EVALUATION -PHASE III, PHASE IV—Estimated Four to Six(4-6)Weeks Phase II of the program will be CMAR so no bidding process will be required. The delivery method of Future Phases is pending, items 5.1 thru 5.6 may not be applicable but will be left in the SOW as a placeholder if needed. 5.1 Interpretation of Bid Documents During the bid period, bidders may request, in writing, clarification or interpretation of any apparent inconsistencies between different provisions of the contract documents or any other point in the bid documents, The Architect will issue all interpretations as addenda in a timely manner in consultation with CoRR and will distribute such addenda to prospective bidders or proposers, plan holders and code agencies in accordance with instructions from the CoRR Project Manager. 5.2. Pre-Bid/ Proposal Meeting and Site Visits The Architect will be represented at pre-bid, pre-proposal meetings and site visits to respond to inquiries and requests for interpretations by prospective bidders and proposers unless directed otherwise by CoRR. The Architect will also prepare written responses to questions and will forward these responses to CoRR for review and acceptance. Answers to questions that do not change the Contractor's scope of work will not be issued as addenda. 5.3 Bid Opening If requested by CoRR, the Architect will be present at Bid opening, otherwise, the CoRR will transmit to the Architect one copy of each proposal for Architect review of Bids and recommendation of the Apparent Low Bidder. The Architect will not duplicate in any form the Bid documents and will return the Bid documents to CoRR on completion of the Architect review. 5.4 Bid and Proposal Evaluation The Architect will assist CoRR in reviewing, checking, and evaluating bids and proposals, preparing bid tabulations, reviewing systems performance capability to meet design criteria, and making written recommendations to the CoRR Project Manager for the award of contract during the five (5)calendar days following a bid or proposal opening. 5.5 Conformed Documents (Incorporation of Addenda): As directed by the CoRR Project Manager, the Architect will incorporate all Addenda in the Contract Documents the addenda. Only changes made in formally issued addenda may be incorporated into the documents. 5.6 Pre-Construction Meeting CoRR's Development Services Offices requires representatives from the Architect, Construction Manager, Subsurface Engineering Testing firm, and General Services to attend a Pre-Construction Meeting before mobilization at the site. 6.0 CONSTRUCTION SUPPORT SERVICES: 6.1 TRANSPORATION ENGINEERING AND MAINTENANCE-PHASE II—CONSTRUCTION PHASE Duration: 12 Months 6.2 GENERAL SERVICES MAINTENANCE BUILIDNG -PHASE III—CONSTRUCTION PHASE Duration: 24 Months 6.3 GENERAL SERVICES ADMINISTRATION BUILDING -PHASE IV—CONSTRUCTION PHASE Duration: 12 Months The Architect will provide Construction Support Services in support of CoRR Construction Manager. The Construction Phase begins with the Issue of Notice to Proceed (NTP)to the Contractor. Fees will be provided for all construction administration Page 12 of 25 �� City of Round Rock ON Bob Bennett Complex Jacobs services, but it is understood that Phase IV may be built at a later time and these fees might not be needed. The Architect will provide the following services during Construction Administration: • Attend construction meetings every other week for a total of twenty(26)meetings on Phases II and IV and (52)meetings on Phase III. • Visit project site at appropriate intervals not greater than every other week for a total of twenty (26)visits per year, complete observation reports for all disciplines. • Review and process submittals; adhere to standard procedures established by the Division 1 Specifications and the CoRR Project Manager regarding stamping and filing submittals. • Interpret contract documents. • Review and evaluate contract documents. • A&E will receive, review, and respond to all GC RFIs and Submittals and will report the status to CoRR. • A&E will prepare Change Requests/Change Orders • Assist CoRR Project Manager in testing observation and final acceptance reviews. 6.1 Biweekly Meetings The Architect will attend biweekly construction and procurement meetings and such other construction meetings, which the CoRR Project Manager notifies the Architect is needed to maintain construction schedules and quality. 6.2 Review of Submittals Based on the list of required submittals and approved submittal schedule as required by the Contract Documents, the Architect will review and accept Contractor submittals for conformance with the design concept of the project and the Contract Documents. Returned submittals will include the Architect's comments and any corrections or revisions, which are required to obtain its acceptance. 6.3 Requests for Information (RFI) The Contractor will submit any Requests for Information (RFI)or clarification of drawings and specifications to the A&E for review, response, and approval. The Architect will communicate status to CoRR. 6.4 Changes in the Work The Architect when requested by the CoRR Project Manager will assist the CoRR Project Manager in a timely manner to review, evaluate, prepare, and process all Construction contract changes(Change Notices, Change Directives and Change Orders). When directed by the CoRR Project Manager, the Architect will prepare a Change Request including but not limited to the following: • Cost Estimate consistent with Standard Cost Estimate format. • Evaluation of Schedule impact stated in days of duration and specifying Contractor activities impacted. • Document Preparation. The Architect will prepare specifications and construction drawings to depict the change proposed. Prepare appropriate revisions to the contract drawings and specifications for the project required by the change and provide the number of copies of these documents as required in the Architect's"Issue for Construction"submittal requirements. 6.5 Contractor Substitutions The Architect will in a timely manner review, evaluate and make recommendations on all contractor requests for the use of"or equals"and substitutions. If the Architect does not recommend acceptance of a substitution or an "or equal," it will provide specific and detailed reasons for its denial in writing. 6.6 Construction Observation a. Site Visits The Architect will conduct the site visits with the CoRR Project Manager or its designated representative and, prior to leaving the site,will verbally discuss with the CoRR Project Manager or his authorized representative any observed defects, deficiencies and other problems and possible solutions to those problems. The Architect proposes two (2)site visits per month in conjunction with Page 13 of 25 City of Round Rock 01 Bob Bennett Complex Jacobs Contractor Progress Meetings,for a total of twenty-six (26)site meetings per year.Architect will not be required to make exhaustive or continuous site visits to check quality or progress of the work. Such activities will be conducted in accordance with any additional instructions from the CoRR Project Manager to observe activities associated with the construction of the Project. During these visits the Architect will review the quality of the work, answer questions regarding the project design and investigate the circumstances surrounding any defects or deficiencies in the work including any other failure of the work to comply with the Contract Documents observed and/or reported by the Architect's personnel or the construction inspectors retained by the CoRR Project Manager. During the visits to the site, the Architect will review the GC's Field Set Documents to determine whether the GC and subcontractors are providing notations in red ink or by overlay detail, describing any variation between the "as drawn"and "as constructed"conditions. Architect shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Architect/Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its work. The Architect will not bear any responsibility or liability for such defects or deficiencies of the contractor or for the failure to so detect deficiencies in the work of the contractor. b. Observation Reports If the Architect is called upon to observe the work of construction contractor(s)for the detection of defects or deficiencies in such work,the Architect will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. The Architect shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s)and shall not review their work for the purpose of ensuring their compliance with safety standards. If Architect is called upon to review submittals from construction contractors, Architect shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Architects' action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the Architects' professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. Architect shall not assume any responsibility or liability for performance of the construction services or for the safety of persons and property during construction or for compliance with federal,state, and local statutes, rules, regulations, and codes applicable to the conduct of the construction services. Architect shall have no influence over the construction means, methods, techniques, sequences, or procedures. No fault or negligence shall be attributed to the Architect based upon the acts or omissions of any construction contractors. Construction safety shall remain the sole responsibility of the construction contractor(s). c. Punch lists Upon receipt of Notice of Substantial Completion from the GC, the Architect will arrange to visually review the facility for purposes of preparing a Punch List, outlining items to be corrected, touched up, replaced, or finishes before the project is ready for occupancy. The Architect will lead a final walk-through of the facility to verify that the contractor has completed the work identified on the punch list in an acceptable manner and that the facility is ready to be turned over to the CoRR. 6.7 Project Close-out The Architect will participate with the CoRR Project Manager in the preparation of any final inspection certificates and documents required to close out affected contracts and to facilitate final payment by the CoRR Project Manager. The Architect will coordinate with all government agencies including but not limited to the CoRR Project Manager Building Inspection Division and Fire Department and provide the needed information to these departments to assure the issuance of all permits and certificates of occupancy. 6.8 Warranties Page 14 of 25 �.-- City of Round Rock 7 Bob Bennett Complex Jacobs Review and determine the acceptability of any written warranties and guaranties required by the Contract Documents for the project, which the contractor submits to the CoRR Project Manager prior to the CoRR Project Manager acceptance of final payment. Construction Support Deliverables • Construction Observation Reports • Meeting Minutes • Punch Lists • Submittal Reviews • RFI Responses • Final Inspection and Certifications 7.0 OPERATIONS TESTING/COMMISSIONING The Commissioning process will be led by the Jacobs. As a separate dedicated team apart from the design team, Jacobs will lead the commissioning activities with a singular focus on supporting the project team to meet the goals and needs identified in the Owner's Project Requirements and assisting in the smooth transition of the facilities to operational control. As commissioning authority, the Jacobs team of commissioning specialists are advocates for your maintenance staff and focus on the long-term maintainability and operability of these buildings. The commissioning process will follow the guidance of ASHRAE Standard 202 "Commissioning Process for Buildings and Systems". The commissioning (Cx)scope of work begins in the design phase and continues through turnover to operations. The scope of work activities will include the following: Design Phase • Review the developed Campus Level Owners Project Requirement(OPR)documentation. • Review the OPR document against the design team's Basis of Design (BoD)documentation for concurrence. • Develop a Phase-specific commissioning plan, outlining the project's roadmap for the commissioning process. The commissioning plan will include information on commissioning scheduling, sequence, documentation requirements, verification procedures and staff requirements. The commissioning plan is expected to be utilized for all phases of the project and will be updated at Construction Documents phase for each Phase of the program. • Provide commissioning specifications for inclusion in the project manual and coordinate with the design team to incorporate appropriate references to the commissioning process in technical specifications and project general conditions. • Perform commissioning-focused design reviews for each facility at Design Development(65%)and Construction Documents (95%)with a backcheck of comments at the Bid Documents (100%). • Participate in design review meetings to review commissioning design review comments and design updates. • Track and document resolution of commissioning design review comments through a commissioning issues log. Construction Phase • Conduct a kick-off meeting with the selected Construction Manager and their subcontractors for each phase. • Regular commissioning meetings will occur throughout construction, starting bi-monthly and increasing in frequency as construction nears completion. Minutes will be distributed after the meetings. Meetings will coincide with other project meetings or site visits whenever possible. Meetings are anticipated to be virtual unless occurring with other scheduled onsite activities. • Review all submittals related to the systems and equipment within the commissioning scope concurrent with the design team. Comments will be provided to the design team for their consideration. • Work with the Construction Manager to incorporate the commissioning activities and milestones into their overall project schedule for each phase. • Perform site observation visits to review installation of the systems and equipment within the commissioning scope as construction progresses. An observation report will be provided with each visit, documenting progress, what was reviewed and highlighting any issues or concerns. The amount of site visits planned by project are shown in table below. • Utilize a commissioning issue log to track all commissioning related issues through resolution. This comprehensive log will show the history of all issues discovered by the Jacobs Cx team and the steps performed to resolve them. • Develop pre-functional checklists for the systems and equipment within the commissioning scope, to verify installation and startup/energization in accordance with the project requirements and industry standards, as applicable. Page 15 of 25 PCity of Round Rock 7 Bob Bennett Complex Jacobs • Review the Building Automation System submittal and provide comments. Our team will coordinate one (1)control coordination meeting per phase to confirm the design intent is being fully captured by the controls contractor and that it is clearly documented. • Develop functional performance test procedures for each system within the commissioning scope, verifying their operation in accordance with the design intent. • Review equipment startup documentation, as needed, for systems and equipment within the commissioning scope. • Review the contractor executed electrical power testing results, such as NETA testing and coordination study, and provide comments as required. • Perform a TAB verification with the contractor to confirm accuracy and repeatability of provided report. This verification will coincide with functional performance testing of the HVAC systems. • Witness contractor execution of the commissioning functional performance test procedures. The results will be documented, and any issues will be added to our commissioning issues log. • Review of the project's O&M Manuals of the systems and equipment within the commissioning scope. As a part of the commissioning process, we will encourage the contractors to provide the O&M Manuals to the CoRR staff prior to training. • Review contractor-developed schedule, agenda, and documentation for owner training for each phase with a focus on verifying that the provided training meets the project requirements and CoRR's expectations. • Review trend data after functional testing to verify stable operation of the commissioned systems. • Provide a Final Commissioning Report which will include the results of the commissioning process, all reviews, developed and completed documentation and the final status of the commissioning issues log. • Return to the site at approximately 10 months after substantial completion to perform a near warranty end review. This meeting will document any issues that have arisen during warranty phase and confirm they get resolved prior to the end of the warranty period. Systems to be commissioned: • All HVAC Systems and their associated controls • All power distribution systems such as Switchboards, Transformers and Panelboards • All emergency power systems such as Generators and Automated Transfer Switches • Lighting Control Systems • Domestic(Hot and Cold)Water Systems • Building envelope systems including roofing,walls, windows, vapor barrier • Renewable Power Systems (solar PV) Assumptions for the commissioning process: • Jacobs Cx will utilize our paperless cloud-based commissioning software, JCx powered by Facility Grid,to manage the commissioning process including monitoring and completing all Cx documentation. All project members will be given an account and training on the software. • All meetings will be conducted via teleconference, unless already onsite for a site visit. • Retesting of any deficient component, or system, is not included in the fee. Any additional testing will be coordinated through CoRR as a change order to the contract value. • The construction team will provide adequate support and equipment to execute the commissioning testing. An electrician, mechanical systems technician, TAB contractor, and DDC controls representative will be available to demonstrate system/element functionality as required to perform functional testing of the MEP systems to be commissioned. Building envelope contractors will be available to perform tests and demonstrate conformance to project standards including providing access via lift if required. • Contracting and managing the building envelope testing agency is not included in this scope of work. • The construction team will provide a dedicated commissioning coordinator for the project. • Functional testing of commissioning systems will occur in blocks to minimize travel related expenses. The commissioning team will work with the construction team to coordinate this effort. • Commissioning schedule will be integrated into the construction schedule. • The Construction Manager will respond to, and correct deficiencies found by the Commissioning Authority in all respects, unless Owner accepts the work"as-is". Cx Site Visits and Meetin s Project Design Phase Meetings Construction Phase Site Visits Functional Testing Site Meetings Visits Phase II 10 14 4 4 Phase III 9 15 3 3 Phase IV 8 11 3 3 Page 16 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs 8.0 AS-BUILT DOCUMENTS As part of Project Close-out and after the Certificate of Occupancy has been issued, the Construction Manager shall compile all superintendent and subcontractor redlines to the Field Set of Construction Documents and transmit the "As Built' documents, unstamped to the City of Round Rock. The Architect will meet with representatives of CoRR to review and comment on the content and intent of the Contractors "As Built Documents". Upon City approval of the "As-Built'documents the Architect will edit the electronic files to reflect the redlines, provide an "As-Built' Stamp, and provide both electronic and a full-size hard copy to the City of Round Rock. As part of Project Close-out and after the Certificate of Occupancy has been issued, the Construction Manager shall compile all superintendent and subcontractor redlines to the Field Set of Construction Documents and transmit the "As Built' documents, unstamped to the City of Round Rock. The Architect will meet with representatives of CoRR to review and comment on the content and intent of the Contractors"As Built Documents". Upon City approval of the "As-Built'documents the Architect will edit the electronic files to reflect the redlines, provide an "As-Built' Stamp, and provide both electronic and a full-size hard copy to the City of Round Rock. Page 17 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs EXHIBIT B TEAM ORGANIZATION ROUND ROCK TEXAS City of Round Rock Project Manager Richard Will Program g• Director Jennifer Richardsons Kris Kunkel,AIA+ Robert Manley,AIA+ Civil Engineering I Architecture Mechanical/Electrical/ Underground Utilities Plumbing Don Pool,PE 2 Jeff Casinger,PE 3 Rachel Monteleone,AIA+ Kent DeWolf,PE+ Survey Geotechnical Design ArchitectElectrical To be provided by the To be Provided by the Jerry Perry AIA Nick Rei PE City of Round Rock City of Round Rock Interior Architect Mechanical Signy Akins Seth Edwards,PE Plumbing Keith Greenwade.PE Fire Protection Barrett Boone.PE Telecommunications Landscape E(luipment Cost Estimating Commissioning Robbie Grubbs,PE� Chad St.John' Thomas Rek� r s John MdWon 7, Chris Smith,PE+ --------------------------------------------------------------------------------------------------------- Legend 1-Jacobs(Prime) 3—Ensight Haynes Whaley 5-HDR 2-21P Consultants 4-Vermeulens Page 18 of 25 O �= City of Round Rock 7 Bob Bennett Complex Jacobs EXHIBIT C 2021 Master Plan Space Allotments The below programing will require updates to determine current and future needs of the Bob Bennett Complex. This task will be accomplished in the predesign phase of this scope. PHASE II PROGRAM SUMMARY(2021) Space Needs Program UTILITIES & ENVIRONMENTAL SERVICES PHASE 2 Total Office and-Support Areas 0 Total Utility Shop Area/Heated Storage 7,764 Total Se c u re Storage/Wa rehou se 9,600 Total Exte ri or Storage Covered(Solan 8,800 Subtotal Building Areas/Costs 26,164 Tota IExterior Area-YardStorage andMaterialBins(plus25%circuIationfa 48,500 Subtotal Site Areas Cost 48,500 Space Needs Program TRANSPORTATION PHASE 2 Total Office and Support Areas 13,549 Total Shop Areas 3,963 Total Secure Storageo"Warehouse 4,400 Total Enclosed Heated Vehicle Storage Total Exterior Storage Covered 5 Total Exterior Storage Covered(Solar) r Subtotal Building Areas 39,759 Total Exterior Area-Fleet Parking Material Storage(plus 25%circulation fad 173,710 Subtotal Other Areas 173,710 Page 19 of 25 �,.� City of Round Rock 11 Bob Bennett Complex ;acobs PHASE II FUELING STATION PROGRAM SUMMARY(2021) Space Program FUELING ISLAND PHASE ZA Concrete Fueling Island (10" Concrete) 125 Bcllards (Equipment Protection) 30 Miscellaneous (SW3P, Excavation, Pavement Marking, etc.) 1 10K Gallon Tank / Fueling Equipment(on-site) Unleaded 1 10K Gallon Tank/ Fueling Equipment(on-site) Diesel 1 4K Gallon Tank/ Fueling Equipment(on-site) DEF 1 Fueling Monitoring Equipment Unleaded 1 Fueling Monitoring Equipment Diesel 1 Electical Connection (Panel Circuit, Ground, Shutoff Switch Connection; 1 250' Trench, Conduits, Conductors 1 Grounding System 1 50' x 60' Fueling Island Canopywith lights and gutters 3,000 Total Exterior Area - Drive Circulation, Pavement Markings if not in Phase 2 12,500 Subtotal Site Areas Cost Page 20 of 25 City of Round Rock Bob Bennett Complex ;acobs PHASE III AND phase IV PROGRAM SUMMARY(2021) GENERAL SEFIV#CES - FACILITY AIDMIN & BLDG SERVICES .4 W.I I Taial D"Ice avd 3uptwt Araar6 L.330 T:Ad Sleglp a-*s S.uppLwl Arra. n 1 UI rd StKII*r}14rair-tb zlTr -,,iC 0 T7flal I:cn►efm Areas It 5 .b1.0talSuading Ars-,M 4,930 1 nird 1 rr•rrcr Arrm• Ynrr: %kcrryr I Irwt Pn•krntr.IPI n .Lo5;rfmil+t r.-r+ivrt:r•' Z5,1372 5ubioia Citner 'SpacefProgramSoutheast 11Luther Peterson CiFNEF[AL SEF1VlICIF5 FACILITY MAIINTENIANCE EAST T:rld Nlk-r ri1 ulnr:+I �irewa T;.rtzA "tip a-.c Support Arras Taal 5ecwe StorsEa1NVa,•ehc--sr T:Asd Lcwwrw! AraiY Sudbtotel VLcling Tntai Ex:erbr Area Parc 5+uxagv Fico Farling IPiIX,5C%ElrtUtas On iattD•} 5ubtcail Oihor Areas �7,5P2 Space N&edi Program Summazy - Facility f4orihwrmt oi Winer Pvtcr%,---.n Pij.-C GENERAL 'SER ICES -)VEHICLE MAINTENANCE fatal Office and SLppart Areas S,3 10 Total 5tiop Arty X1.568 Tart,)l 5<<iUre 51orajL'/War1'1'o. jsi' Q rtAal Evoered 5tor<vgfe 9.450 SkAl-it1*1 Sw ogling A<ie� %.308 That DrerW Aneb. Yarc 5tr_rage F7e--+Palang Ipl•r, -Ai EIrcul!il 4r+11W *;- 173.514 5 u bft atil Otth e r Arena 173.514 Page 21 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs EXHIBIT D PROJECT SCHEDULE The Schedule presented here is a recommendation to be as efficient with time and budget. The total duration as shown can be completed within 4 years but can be extended as required. The construction is spaced so that a best value might be achieved with the on-site contractor possibly reducing mobilization and startup cost. ROUND ROCK TEXAS BOB BENNETT COMPLEX - PHASE II Jacobs Project Timeline 2024 2025 2026 J F M A J J A is ❑ 117—ID IJ I I IA M J J A S O N D J F M A M J PRE-DESIGN +" V - Programming/Concept Design/ ROM Cost Estimate NFL F1 10 weck..2 week review 10 WEEKS i 4&NTP/ Kick-Off FINAL DESIGN PHASE II .stakeholder Review(2 Wk process) 30%Drawings and BOD for Review 6 weeks.2 week renew-De.-Plaru 65%Design Development 10 weeks.2 week review-De gn Plans I Sp—h—a s Bid/Set GMP/GMP Review/Acceptance e. 9weeks lnamng E. 1 week CM draft GMP 12 week• e, l week GMP iavlew and finalize d. eweeks agreements and award' 95%Design Development tt weeks.2 week review-Design Ran.l Specificeti°rn 100%Issue For construction Schedule does not account 2—k.-Se Md Pim..Speohcdion. for early construction 30 WEEKS CONSIRUCIION CMAR Construction Coordination/Support T2-.h.or 52 weeks ROUND ROCK TEXAS BOB BENNETT COMPLEX-PHASE III iacobs Project Timeline 2025 2620 27 20 F A J J A 5 N J M A M J • 5 N 0 1 O D F FINAL DESIGN PHASF III 30%Drawings and BOD for Review 41L NTP/ Kick Off E.eda.Jeerek re.wew-IkwmfilnalHMl l:oalfa�mele 'Stakeholder Review(7 Wk process) 65%Design Development Q wwka }week�e.+ew 0.wy�R�r I�twolicer�m.l f1W Cow C aimreMM Bid/Set GMP/GMP ReA/Acceptance 1 we<Is�,ln��a wake ;weal GM era— — weak clip ra manna � I2 d_ eweeu�reementa ens ewrd, 95%Design DevekJ rnenl R wwk. ]eeek�..�.•. 0...y.fires I Sr>Aficekma l f10M Gr E a4mM 100%Issue For coostri-oon ? Schedule does not account 2 weds-SedM fires.Specaarima 1 fYJMI Coq E mmab (of early construction 36 WEEKS CONSTRICTION Construe tkrn coo'dinali.ut/Support 2l rtierava W weds Page 22 of 25 '02ob ty of Round Rock Bennett Complex ;acobs ROUND ROCK TEXAS BOB BENNETT COMPLEX - PHASE IV .'iaCObS Project Timeline 12027 J F M A M J J IS 10 it 1 1111111 11 1 1 ij iA it I iN D FINAL DESIGN PHASE IV IF 30%Drawings and BOD for Review 4JL NTP/ Kick-Off 5 week—2 week review Design Plans I ROM Cost Estimate Stakeholder Review(2 Wk process) 65%Design Development II. 7 weeks.2 week review,-Design Plans I Specifications I ROM Cost Estimate Bid/Set GMP/GMP Review/Acceptance a. 3weeksb,dd,ng b. 1 week CM draft GMP Qs c. t week GMP review and hna bie d. Sweeks agreements and award 95%Design Development 12 weeks.2 week review-Design Plans I Specifications I ROM Cost Estimate Schedule does not account 100%Issue For Construction for early construction2 weeks- Sealed Plans,Specifications I ROM Cost Estimate 26 WEEKS CONSTRUCTION Construction Coordination/Support 12 months a 52 week 4 t Assumptions -Refer to Scope of Work fa all Assumphons -SchedJe is approxen imate d does not acco nt for holidays -A more detailed schedJe will be deveolped once contract is received Page 23 of 25 City of Round Rock 7 Bob Bennett Complex Jacobs EXHIBIT E COMPENSATION SCHEDULE PROFESSIONAL SERVICES In consideration for the professional services to be performed by the Architect, the City of Round Rock agrees to pay the Architect a total sum of Five Million Two Hundred Ninety-Three Thousand Five Hundred Dollars ($5,293,500.00). The said sum is a fixed not— to—exceed amount and shall be paid as delineated as follows and includes amounts paid for Architects, Engineers, and Planners, as well as specialists for landscape, life safety and fire protection, and ADA. PRE-DESIGN SERVICES $ 196,000.00 BASIC SCOPE PHASE II: 30%Schematic Design $ 257,000.00 65%Design Development $ 388,000.00 95%Construction Documents $ 460,500.00 100% Issue for Bid $ 155,000.00 CMAR Bid Review $ 41,000.00 Construction Phase Services $ 361,000.00 Commissioning $ 116,000.00 Record Drawings $ 46,000.00 FEE BASIC A&E SCOPE with Record Drawings and Commissioning $1,824,500.00 Estimated Cost of Construction for Phase II with Fueling Island=$18 to$21 Million BASIC SCOPE PHASE III: 30%Schematic Design $ 296,500.00 65%Design Development $ 470,000.00 95%Construction Documents $ 547,000.00 100%Issue for Bid $ 214,500.00 Bid Review $ 82,500.00 Construction Phase Services $ 468,000.00 Commissioning $ 115,000.00 Record Drawings $ 56,500.00 FEE BASIC A&E SCOPE with Record Drawings and Commissioning $2,250,000.00 Estimated Cost of Construction for Phase III with Wash Bays=$23 to$27 Million BASIC SCOPE PHASE IV: 30%Schematic Design $ 156,500.00 65%Design Development $ 197,000.00 95%Construction Documents $ 230,000.00 100%Issue for Bid $ 91,000.00 Bid Review $ 31,000.00 Construction Phase Services $ 203,500.00 Commissioning $ 90,000.00 Record Drawings $ 24,000.00 FEE BASIC A&E SCOPE with Record Drawings and Commissioning $ 1,023,000.00 Estimated Cost of Construction for Phase III with Wash Bays=$7 to$8 Million REIMBURSABLE EXPENSES Reimbursable expenses are included in the above cost by program phase. ADDITIONAL SERVICES Additional Services are defined as any service not listed as a basic service including revisions to previously approved plans that necessitate additional work for the Architect, substantive changes in the Project Scope, or additional work necessitated by unknown or reasonably unforeseen circumstances. The parties expressly agree that such additional services would be performed under a supplemental agreement negotiated at a time subsequent to this proposal. Compensation for approved Additional Services shall be computed based team members yearly salary rates. Page 24 of 25 City of Round Rock 01 Bob Bennett Complex Jacobs EXHIBIT F ARCHITECT HOURLY BILLING Bob Bennett Design Team Hourly Billing Rates(2024) Principal $250.00 Designer $230.00 (Consultant)Senior Civil $160.00 (Consultant) (Civil $140.00 (Consultant) Senior Structural $240.00 (Consultant) Structural $170.00 Senior Architect $160.00 Architect $120.00 Senior Interiors $115.00 Interiors $65.00 Senior Mechanical $140.00 Mechanical $100.00 Senior Electrical $150.00 Electrical $110.00 Senior Telecom $160.00 Telecom $80.00 Senior Plumbing $140.00 Plumbing $110.00 Senior Fire Protection $150.00 Fire Protection $95.00 (Consultant)Senior Equipment $200.00 (Consultant) Equipment $90.00 Senior Landscape $145.00 Landscape $90.00 (Consultant)Senior Cost Estimating $230.00 (Consultant) Cost Estimating $170.00 Senior Commissioning $280.00 Commissioning $180.00 Rates may increase by 5%per year due to inflation. Page 25 of 25 A � DATE /DD/YYYV) CERTIFICATE OF LIABILITY INSURANCE 05/099/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0437153 1-212-948-1306 CONTACT NAME: Marsh Risk S Insurance Services PHONE FAX CIRTS_Support@jacobs.com (AJC.No. A/C No: 1-212-948-1306 633 W. Fifth Street ADDRESS: INSURERS AFFORDING COVERAGE NAICS Los Angeles, CA 90071 INSURERA: ACE AMER INS CO 22667 INSURED INSURER B: Jacobs Engineering Group Inc. INSURERC: C/O Global Risk Management INSURER D: 555 South Flower Street, Suite 3200 INSURER E: Los Angeles, CA 90071 USA INSURER F: COVERAGES CERTIFICATE NUMBER: 750815959 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRNSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMDDPOLICY EFF MMIDDPOLICY EXP LIMITS LTR A I X COMMERCIAL GENERAL LIABILITY HDO G47339273 07/01/23 07/01/24 EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE IJ OCCUR PREMISES EaENTED occurrence $ 500,000 RX CONTRACTUAL LIABILITYMED EXP(Any y one person) i 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D JECT FI LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: $ A AUTOMOBILE LIABILITY ISA H10736262 07/01/23 07/01/24 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident t UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION WLR 050711481 (AOS) 07/01/23 07/01/24 X STATUTE ER AND EMPLOYERS'LIABILITY A ANYPROPRIETOR/PARTNER/EXECUTIVE N/A WCU 050711559 (OH)* 07/01/23 07/01/24 E.L.EACH ACCIDENT $ 1,000,000 OFFICE R/MEMB ER EXCLUDED? 07/01/24 1,000,000 A (Mandatory in NH) SCF C5071164A (WI) 07/01/23 E.L.DISEASE-EA EMPLOYE t If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A PROFESSIONAL LIABILITY EON G21655065 014 07/01/23 07/01/24 PER CLAIM/PER AGG 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) PROJECT MGR: Robert Manley. CONTRACT MGR: Allan Zreet. RE: Bob Bennett Phases II, III, and IV, 3400 Sunrise Road, Round Rock, Texas 78665. The City and Jacobs previously developed a Mater Plan of all phases required to create the Bob Bennett Complex, a single campus that contains multiple City Departments, specifically Utility and Environmental Services, Transportation, and General Service's Fleet Maintenance. The Master Plan envisioned a 20-year growth plan accompanied in three phases. Phase I of the Master Plan was completed in 2019 and this Project is for the completion of Phases II, III and IV. CONTRACT END DATE: 09-20-2027. SECTOR: Public. City of Round Rock is added as an additional insured for general liability 6 auto liability as respects the negligence of the insured in the performance of insured' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street, AUTHORIZED REPRESENTATIVE Round Rock, TX 78664 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD nyumdo newgalexy -7cnaicoco DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 05/09/2024 NAME OF INSURED: Jacobs Engineering Group Inc. Additional Description of Operations/Remarks from Page 1: services to cert holder under contract for captioned work. The General Liability and Auto Liability insurance policies are primary and the certificate holder's insurance is excess and non-contributory. *THE TERMS, CONDITIONS, AND LIMITS PROVIDED UNDER THIS CERTIFICATE OF INSURANCE WILL NOT EXCEED OR BROADEN IN ANY WAY THE TERMS, CONDITIONS, AND LIMITS AGREED TO UNDER THE APPLICABLE CONTRACT.* Additional Information: *$2,000,000 SIR FOR STATE OF: OHIO SUPP(05/04)