R-00-05-25-11C5 - 5/25/2000tilt rr 571.*
• CITY OF ROUND ROCK
Mayor
Robert A. Sthlka, Jr.
Mayor Pro -tem
Martha A. Chavez
Council Members
Tom Nielson
Earl M. Hairston
Rick Stewart
Earl Palmer
Jimmy Joseph
City Manager
Robert L Bennett. in
City Attorney
Stephan L Sheets
June 14, 2000
Mr. Mac Ragsdale, AIA
Architecture + Plus
1907 North Lamar, Suite 260
Austin, Texas 78705
Dear Mr. Ragsdale:
221 East Main Street
Round Rock, Texas 78664
512 -218 -5400
The Round Rock City Council approved Resolution No. R- 00 -05 -25
1105 at their regularly scheduled meeting on May 25, 2000. This
resolution approves the agreement for architectural services for the
design of the Parks and Recreation/ Municipal Court Building, the
Brown Street Improvements, and a Master Plan for the Municipal Office
Campus.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Tim
Jenkins at 218 -7046.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures
Fax: 512- 218 -7097
1- 800 - 735- 29897DD 1- 800 - 735 -2988 Voice
www ct.round -rock tx us
.r
K \NPDOCS \R&SOLDTI \ &00525C5 .WPD /sc
RESOLUTION NO. R- 00- 05- 25 -1105
WHEREAS, the City of Round Rock desires to retain professional
architectural services for the esign of the Parks and
Recreation /Municipal Court Building, the Brown Street Improvements, and
a Master Plan for the Municipal Office Campus, and
WHEREAS, Austin Architecture Plus, Inc. has submitted an
agreement to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with Austin Architecture Plus, Inc., Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an agreement with Austin Architecture Plus, Inc. for
architectural services for the design of the Parks and
Recreation /Municipal Court Building, the Brown Street Improvements, and
a Master Plan for the Municipal Office Campus, a copy of said agreement
being attached hereto and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and the Act.
RESOLVED this 25th day of May, 2000.
E LAND, City Secretary
2
City of Round Rock, Texas
,e- W- 05-a5 -iro5
TABLE OF ARTICLES
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
BETWEEN the Architect's client Identified as the Owner:
(Nance, address and other information)
City of Round Rock
221 East Main Street
Round Rock. Williamson County. Texas 78664
CATEXT \a141AIA1.WPD /jkg
AIA Document B141 -1997
1997 Edition - Electronic Format
This document has important legal consequences Consultation with an attomey is encouraged with respect to its completion or modification AUTHENTICATION
OF THIS ELECTRONICALLY DRAFTED A1A DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, 01997 by The American Institute of Architects Reproduction of
the matenal herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the
violator to legal prosecution
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
AGREEMENT made as of the 'hajerrly - 'Tt IUe. ( )day of the month of /17A in the year Two Thousand.
(In words, Indicate day, month and year)
AIA DOCUMENT B141-STANDARD FORM AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS,
1735 NEW YORK AVENUE N.W , WASHINGTON, D.C. 20006 -5292. WARNING Unlicensed photocopying violates U.S. copyright laws and will subject the
violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of
expiration as noted below.
Electronic Format B141 -1997
Page #1
and the Architect:
(Nance, address and other information)
Architecture + Plus
1907 North Lamar. Suite 260
Austin. Travis County. Texas 78705
The Owner and Architect agree as follows.
ARTICLE 1.1 INITIAL INFORMATION
1.1.2 PROJECT PARAMETERS
2
For the following Project:
(Include detailed description of Project )
Complete professional nlanning, architectural. design landscaping and civil /structural /mechanical /electrical engineering services related to the
following:
I. MASTERPLAN CITY CAMPI JS AND DISTRICT. Refining and developing campus masterplan and design guidelines report, providing regional
water pollution abatement plan for district, providing traffic/transportation planning and recommendations for district and providing Phase I
environmental site assessment, all as are more particularly described in Exhibit "B" attached hereto and made a part hereof for all pumoses.
11. PARKS AND RECREATION/MUNICIPAL COURTS BUILDING AND SITE. Construction on the city camnus of a 24,000 - 25.000 snuarc
foot building for PARD Administration and Municipal Courts as outlined in accompanying attachments providing for site improvements and street
improvements. nroviding for parking, said nroiect assumed to be bid as a stand -alone project under a single prime contract which may or may not nun
concurrent with Infrastructure improvements (if combined. construction costs and fees to be reduced).
INFRASTRIICTIJRF. IMPROVEMENTS: Design and construction of streets. sidewalks. landscaping and irrigation. hardscape and decorative
paving. site furniture. and lighting along Brown Street and side streets as outlined in accompanying attachments. said project assumed to he bid as a
Stand - alone project under a single nnme contract which may or may not run concurrent with PARD/Municinal Courts Building (if combined
constriction costs and fees to be reduced),
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for thefotlowtng items by inserting the requested information or a statement such as 'hot applicable, " "unknown at time of exemition" or
"to be determined later by mutual agreement ")
1.1.2.1 The objective or use is
(Identify or describe, if appropriate, proposed use or goals.)
J MASTERPLAN CITY CAMPUS AND DISTRICT: Objective includes. hut is not limited to. obtaining nlanning and design of campus
Jnastemlan and design guidelines report: conceptual masterplan rendering: water nollution abatement plan: traffic /transportation planning: and
Phase ! environmental site assessment.
Jr PARD /MIJNJCIPAL COURTS BUII,DINO AND SITE: Objective includes, but is not limited to, obtaining programming. nlanni g. design
and documents of building and site (schematic design. design development. construction documents. bidding/negotiation. and construction
administration phases): water pollution abatement plan. agency submittals: and miscellaneous surveys (control. toeo /design trees, platting. and
construction staking)
111 INFRASTRUCTURE IMPROVEMENTS: Obiective includes. but is not limited to. obtaining nlanning design and documents (schematic
design design development. constriction documents kidding /negotiation. and construction administration phases): water pollution abatement
plan /agency submittals: and miscellaneous surveys (boundary/control. topo /design trees. off -site utilities. construction staking)
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site)
• The project site for the Mastemlan City Campus and District is proposed to he an annroximately 5 85 acre tract of land in a distract hounded
by Jake Creek, McNeil Road. North Mays (U S. 81). and Round Rock Avenue in Round Rock. Williamson County. Texas
" The PARD/Municipal Courts Building and site is proposed to he a 24.000 - 25,000 square foot building. with PARD occupying 8.000 -
10.000 square feet and Municipal Courts occunving 8.000 - 10.000 square feet. with the remainder of the square footage dedicated to nublic
areas. storage, expansion or other uses Site improvements thereon are proposed to include entry and public olaia. streetscape image and
landscaping Parking is proposed to be on -site for approximately 45 cars and adjacent street parking for approximately 45 cars. Included street
improvements are proposed along Brown Street and Bagdad Avenue to accommodate narking and circulation to the site.
* Infrastructure Improvements are mmnosed to include site/civil engineering for grading. hardscane and decorative paving. street Having,
utilities landscape irrigation. site furnishings. site electricalfliehtmg for streets. sidewalks. landscaping and lineation alone Brown Street and
side streets
1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
The Municipal Office Complex nroiect components arc-
• Crttsen Particination Strategy - purpose is to develop informed consent: staff and consultant team will initially determine citizen participation
objectives and techniques: a draft Citizen Participation Plan will be completed: the Comprehensive CP Plan will he published and announced in
approximate conjunction with the Notice to Proceed.
• P R* /M nci. • . n• . face •.rk d" i_ • •, ,r. , . . • am •r•." ail t e
from Notice to Proceed• kidding and construction timeframe is approximately ten to twelve months following the foregoing design and
construction documents tumeframc.
* Brawn Street corridor infrastructure improvements - encompasses street. drainage. sidewalks. lighting and landscaping: design and documents
timeframe is approximately six to eight months from Notice to Proceed: bidding and construction timeframe is approximately five to six months
following the foregoing design and construction documents timeframe
* Campus and District Master Plan for total Municipal Office Campus - encompasses camnus nlan for government buildings. facilities and
infrastructure: proposed district elan involves traffic /transportation nlan. water pollution abatement plan. public initiatives* timeframe to final
draft documents is approximately six to eight months from Notice to Proceed
* Complementary Initiatives include downtown narking study and sidewalk improvements: downtown narking study is underway with data
collection and analytical effort. and initial recommendations will be integrated into Municipal Office Campus Masterplan planning: sidewalk
improvements include sidewalk replacement and new installation for Central Business District on sections of Past Main. Lampasas. East Liberty,
and Bagdad Avenue.: sidewalks are to be designed for Georgetown. Black. and Austin Streets
1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the sae.)
1.1.2.5 The financial parameters are as follows:
1. Amount of the Owner's overall budget for the Project, including the Architect's compensation, is:
* Owner's overall budget for the entire Project is unknown at this time. and is to be developed and approved in conjunction with receipt of
information to be developed hereunder.
• City Council has issued $5 million in Certificates of Obligation to cover initial design and constriction costs,
• The total Pro used construction budget for PARD/Municinal Courts Building and Site is $4,063.400.
• Comnensation to Architect for total architectural /engineering services for 1 Masterplan City Campus and District shall be $94.255
• Compensation to Architect for total architectural/engineering services for II. PARD/Municipal Courts Building and Site shall he $340.100.
• Comnensation to Architect for total architectural /engineenne services for 111, Infrastructure Improvements (assuming bidding and construction
under single prime contract with PARD/Municipal Courts Building) shall he 5144.720. or
• Compensation to Architect for total architectural /engineering services for III, Infrastructure Improvements (assuming bidding and construction
as a senarate stand -alone project) shall be $158.410.
1.1.2.6 The time parameters are.
(Identify, if appropriate, nulestone dates, durations or fast track scheduling)
• See text under Section 1.1 2 3 herein
• Other time parameters or adjustments to time parameters are to he determined at a later date by mutual agreement of the parties hereto.
3
1.1.2.7 The proposed procurement or delivery method for the Project is:
(IdentQ method such as competitive bid, negotiated contract, or construction management)
Professional services such as architectural planning will be engaged by negotiated contract. The general contractor for construction will be
selected by comnetitive bidding. It is unknown at this time whether a construction management component will he utilized.
1.1.2.8 Other parameters are.
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements)
Unknown at this time
1.1.3 PROJECT TEAM
1.1.3.1 The Owners Designated Representatives are:
(List name, address and other information.)
Joanne Land
Proiect Administrator
221 East Main Street
Round Rock, Texas 78664
Tim Jenkins
Project Manager
221 East Main Street
Round Rock. Texas 78664
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to
the Owner are:
(List name, address and other information)
Robert L. Bennett. Jr.. AICP
City Manager
221 East Main Street
Round Rock. Texas 78664
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address)
Not %elected at this time
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information)
Mac Ragsdale. AIA
Architect + Plus
1907 North Lamar. Suite 260
A:Lstin. Texas 78705
1.1.3,5 The consultants retained at the Architect's expense are:
(List discipline and, tf known, ident diem by name and address)
11non execution of this contract. Architect agrees that it will submit to City within ten (10) days a list of all additional consultants it intends to
utilize. not previously identified in Architect's Proposal Letter. delineating their respective tasks All Architect's consultants shall he suhiect to
the approval of City. and City reserves the right to reiect any consultant.
1.1.4 Other important initial information is:
1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for
Construction shall be the edition of AIA Document A20lcuocnt as of the d..tc,f f 11„ws: as modified between Owner and
Contractor. Architect's resnonsibdrty to provide services for the construction phase under this Agreement commences with the award of the
contract for construction and terminates at the issuance to Owner of the final certificate for payment. Duties, responsibilities and limitations of
4
C
,authority of Architect shall not be restricted. modified or extended without written agreement of Owner and Architect with consent of
Contractor. which consent shall not be unreasonably withheld, Architect consents to the modifications of AIA Document A201. General
Conditions of the Contract for Construction. between Owner and Contractor.
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determming the Architect's
compensation. Bath ,LS, however, recognize that at...l, i„ f ,,.,at oi, .na J ..,, and, :n that event, the 0..,,.., and th.,
• t is expressly
understood and agreed by and between the parties hereto that any alteration in schedule. compensation and Change in Services shall be effected
only by Supplemental Agreement hereto. Any such Sunnlemental Agreement to this contract must be duly authorized by City Council
resolution
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties
shall endeavor to maintain good working relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements
for and limitations on the Project. The Owner shall fumish to the Architect, within 15 days after receipt of a written request, information
necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2
The Owner shall establish and periodically update the budget for the Project. includinv that portion allocated for the Cost of the Work. Owner's
other costs, and reasonable contmvencies related to all costs.
1.2.2.3 The Owner's Designated Representative identified m Paragraph 1.1.3 shall be authorized to act on the Owner's behalf with respect to
the Project The Owner or the Owners Designated Representative shall render decisions in a timely manner pertaining to documents submitted
by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the Architect to furnish
them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project and are
anoroved by Owner.
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing the Owner shall furnish or nay for tests inspections and
reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests
for hazardous materials.
1.2.2.6 The Owner shall fumish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at
any time for the Project to meet the Owners needs and interests.
1.2.2.7 T-he— Os..cr Each party shall provide prompt written notice to the Arehiteef other if the - Owner either becomes aware of any fault or
defect m the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
1.2.2.8 Owner shall furnish. or direct Architect to obtain at Owner's expense. a certified survey of the site giving. as required grades and lines
t ab -.f-w r-stricti. -n i i . en 7. pin• . —d -stri tions
contours and other data pertaining to existing buildinvs or adiacent to the site, other improvements and trees: and full information as to available
service and utility lines. both public and private. and test horinvs. pits. renorts and sod hearing values and other necessary operations for
determining subsoil conditions,
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1.2.2.9 Owner will furnish building permits without charge. Electrical. plumbing and other trade Permits will he the resnonsibility of the
construction contractor Any charges which may be assessed for tap fees will be paid by Owner and are not to he included by Architect in the
specifications for the Project,
1.2.2.10 Owner will provide Architect with miscellaneous items such as the Project Facility Program. two (2) copies of the City of Round
Rock General and Sunnlementary Conditions for Building Construction. Instructions to Bidders. Proposal Forms. Wage Rates. Contract and
5
pond Forms. Rid Advertisement Form and such other information and materials as m y he necessary and practicable for the orderly and
expeditious nroeress of the work and the awarding of the construction contract. To the extent practicable. these documents shall be utilized in
the preparation of the construction documents.
1.2.3 ARCHITECT
c
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1 4 and as
enumerated elsewhere herein in attached and accomnanvinr documents. in sunnlemental documents. and in related documents
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of
the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall
be consistent with the time penods established in Subparagraph 1 1 2 6 and which shall may be adjusted, if necessary and approved by Owner as
the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the
Owners consultants, and for approval of submissions by authorities having lunsdiction over the Project Time limits established by this schedule
approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's behalf with respect
to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding
such information would violate the law, create the nsk of significant harm to the public or prevent the Architect from establishing a claim or
defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the
confidentiality of information specifically designated as confidential by the Owner.
1.2.3.5 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.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design
of the Project to requirements imposed by govemmental authorities having junsdiction over the Project.
1.2.3.7 The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by the
Owner T-.,, .hiteet Each nartv shall provide prompt written notice to the Owner other if t1 . A,J,tcct eil sr becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
13.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all
elements of the Project designed or specified by the Architect
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by the Owner and
equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of
construction or installation provided by a separate construction manager or contractor, plus . i .
overhead and profit - - - -- _
changes-hn- thR'Wo^c ._. .. .. _ .. ..
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -
of -way and financing or other costs that are the responsibility of the Owner.
13.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's
consultants are Instruments of Service for use solely with respect to this Project.
copyrights: All Architect's designs and work product under this Aereement including. but not limited to. Tracings. Drawings. Estimates
Snecifications. Investigations. Studies and other documents. completed or partially completed. shall he the nronertv of Owner to be used as
Owner desires. without restriction on future use. by execution of this Agreement and in confirmation of the fee for services to he naid under this
Avreement. Architect hereby convevs. transfers and assigns to Owner all rivhts under the Federal Copyright Act of 1976 (or anv successor
c mende all comm .n law o. •h s - 1 .r..e i i• ht ackn,wled ed . law' h '
m
ec .e v
6
and work product developed under this Agreement. Copies may be retained by Architect. Architect shall be liable to Owner for any loss or
damage to any such documents while they are in the possession of or while being worked upon by Architect or a yone connected with Architect
including agents. employees. consultants or subcontractors. All documents so lost or damaged shall be renlaced or restored by Architect without
cost to Owner
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a permission to reproduce the Architect's
Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all
obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar
permission from the Architect's consultants consistent with this Agreement.
If and
upon t he date the Architect is adjudged in default of this Agreement, th 4mc hc.cnsc shall b.. d,...,.,..d tcs ' atcd and
the Owner is permitted to authorize other similarly credentialed design professionals to reproduce and, where
permitted by law, to make changes, corrections or additions to the Instruments of Service solely for the purposes of completing, using and
maintaining the Project.
1.3.2.3 £xeept- -faith.. hR„.., ,,, Subparagraph 1.33.2, .nratl.... I:...,,e...., ..ght shall be d....,.,..1 i; ,,,nt..1 .,, ;mpl..d ,,..de. this
A The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any bca.ae permission granted herein to another
party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors,
Sub- subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for
use in their execution of the Work . ... Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes in connection with the Project is permitted.
de,,, of the ..,1 .; „f 11,., A.,.t,t .,,t ..,.1 tl.c Architece - are ,.,aslt.,..t.,. The 0....., ,hull ....t “se the Instruments of 6.., ✓' .or -future
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.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any
electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate wntten agreement set forth the
specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations o, 1 ..... a ... not
otherwise provided rn this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted by Architect to Owner for approval on a minimum 24 -inch by 36 -inch or
maximum 12 -inch by 42 -inch drafting sheet. with all lettering nrocessed in ink or pencil and clearly legible when the sheets are reproduced and
reduced to half size.
1.3.2.6 1 Jnon completion of the construction of the Project. Architect shall. within thirty (30) calendar days following final msnection. deliver
to Owner the reproducible Record Drawings and Record Specifications as described supplemental!), herein. In addition. Architect shall submit
originals of all documents listed under Section 1.3.2.1 modified to actual as -built conditions. Compensation therefor will be at standard hourly
.tes . r • i i. e. a fixed amount . h. ' it
1.3.2.7 Architect shall have no liability for changes made to the drawings by other architects subseonent to the completion of the Project. Any
such change shall he sealed by the architect making that change and shall he annronnately marked to reflect what was than ed or modified
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of
this Agreement, without invalidating the Agreement, if mutually agreed in wnting,
. It is expressly understood and
agreed by and between the parties hereto that any alteration in schedule. compensation and Change in Services shall he effected only by
$uoolemental Agreement hereto. Any such Supplemental Agreement to this contract must he duly authorized by City Council resolution.
7
- method;
.5 failm, the ,t th., O..,,.,, o,
e.
party - thereto;
.7 „h., i„ tl :nf ,,, t. ,. .,taL,cd L. A.ticic 1.1.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question anstng out of or related to this Agreement shall be subject to mediation as- a- condition
. 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- arbitration..
1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation
Request for mediation shall be filed in writing with the other party to this Agreement and t`m a , he—r ,neriear.
, mediation shall
proceed in advance of arbitration-or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is
located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any
court having jurisdiction thereof.
1.3.5 ARBITRATION
j-L tad,ctio., thereof.
1.3.5.1 Owner and Architect hereby expressly agree that no claims or disputes between Owner and Architect arising out of or relating to the
contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the
Federal Arbitration Act (9 U.S.C. Section 1 -14) or any applicable state arbitration statute, except that in the event that Owner is subject to an
8
arbitration proceeding related to the Project, Architect consents to be joined in the arbitration proceeding if Architect's presence is required or
requested by Owner for complete relief to be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to
this Agreement This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination m
accordance with Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by th
+'-h3 laws of the state of Texas. and venue shall lie in Williamson County. Texas.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the
Contract for Construction, • - - :•:: .- :: _ - as modified between Owner and Contractor.
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the
applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act
occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after
Substantial Completion In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are
substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each
other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, et.....nt of
t1 d t f tl • Ag c cnt as modified between Owner and Contractor. The Owner or the Architect, as appropriate, shall require of the
contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against
either the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site.
1.3.7.7 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.
1.3.7.8 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. The Architect shall not be required to execute certificates that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party
to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither 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 an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in accordance substantial compliance with this Agreement, such failure shall may
be considered substantial nonperformance and : • '- :: cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven fifteen
WI days' written notice to the Owner. 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 Architect shall be paid all non-disputed sums
due prior to suspension 6,tunaptiae and mstimpt .....,f The Architect's fees for the
remaining services and the time schedules shall be equitably adjusted
9
eqtritablr acljustcd
ser..ie.rnotperfenun.d Ly the Architect.
1.3.8.2 In connection with the work outlined in this Agreement. it is agreed and fully understood by Architect that Owner may cancel or
indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience of Owner, unon fifteen (I51 days'
written notice to Architect, with the understanding that Immediately unnn receipt of said notice all work and labor being performed under this
Agreement shall cease Architect shall invoice Owner for all work satisfactorily completed and shall he compensated in accordance with the
terns of this Agreement for all work accomplished pnor to the receipt of said notice No amount shall he due for lost or anticipated profits. All
plans. Geld surveys. maps. cross sections and other data. designs and work related to the Project shall become the property of Owner upon
termination of this Agreement. and shall be promptly delivered to Owner in a reasonably organized form without restriction on future use
Should Owner suhseouently contract with a new architect for continuation of services on the Project. Architect shall cooperate in providing
information
1. • Il r. ire •rn .r : w. whi
determined by Owner's representative or which is not submitted in compliance with the terms of this Agreement Owner shall not be required
make an .a entsto: cr wr r hi ec 1 in.efaultun.erthis ontra t no al t' •.. .n Ir ea waiver . an ri•ht at law
or at eouity, which Owner may have if Architect is In default. including the nght to bring legal action for damages or to force specific
performance of this Agreement
1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses inured shall be made monthly upon presentation of the
Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or
other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has
been adjudged to be liable.
A...l.daPs a.. and ...,..aal(ants to the Project, .. :d....ttf..d :.. tit, f Ik,,.,. Cla..scs•
.2 Les 5 .a:..1 for accurin ..p ..,f ,.dd..,.rt.s Imen.Gjn.:adnti.,,...v.. tL. A �....t
10
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the
Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect This Agreement comprises the documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services. AIA Document 13141 -1997. as
herein amended
(List other documents, ir ony, delineating Architect's scope of services.)
1.4.1.3 Other documents as follows.
(List other documents, if any, forming port of the Agreement)
"Supplementary Agreement No 1" supplementing Standard Form of Agreement Between Owner and Architect with Standard Form of
Architect's Services. AAA Document 8141 -1997.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
Jt is expressly understood and aereed by and between the names hereto that Architect shall he solely responsible for ensurinv that the Project
meets all pre - construction. construction. and Host- construction requirements imposed by the American Disability Act,
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described herein, compensation shall be computed as follows:
In accordance with the Fee Schedule attached hereto as Exhibit "C" and incorporated herein for all appropriate purposes.
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's compensation may be adjusted. Such
adjustment shall be calculated as described below or, if,,., ,,,cth.nl .,f n. this 14„' « 1.5.2, in an cquit,.Lh.. ,.,,,a.ee
(insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and rdent fy Principals and classify
employees, if required. ldent fy specific services to which particular methods of compensation apply)
Hourly as follows:
Principal Architect
Project Architect
CADD/fechnical Support 1
CADDlTechnical Support II
CADD/Technical Support Itt
$90.00
$80 00
$55 00
$45 00
535.00
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one and one -tenth (1. 10 )
times the amounts billed to the Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items included in Paragraph 1.5.5 as Reimbursable
Expenses, the compensation shall be computed as a multiple of one ( 1.00) times the expenses incurred by the Architect, and the Architect's
employees and consultants However. only for the reimbursable expenses which are delineated below in this subsection 1.5.4. the comnensation
shat . .u. e. a m 11.l-o .0 'n , .u. n a n 1 bile. ..., - .r et ervic
(a) Reproduction expenses for final plans and specifications required for hiddma. files of Architect. Contractor. City. and other parties approved
by City: reimbursable per statement accounts: and
(b) Exnenses of retaining engineers and other consultants aonroved by City to provide additional services
11
1.5.5 Other Reimbursable Expenses, if any, are as follows:
13.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted m
accordance with their normal salary review practices.
1.5.7 An initial payment of Zero and No /100 Dollars ($ 0.001 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 at final payment. Subsequent payments for services shall be made monthly,
and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable thirty (301 days from the date of the Architect's invoice, or not later than the time period regpired under
the Texas Prmmot Payment Act, whichever is later. Non-disputed amounts unpaid sixty (601 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 pnncipal place of business of the Architect.
(insert rate of interest agreed upon)
One and one - half percent (1 '/a %) ner month
(Usury laws and requirements wider the Federal Truth in Lending Act. similar state and local consumer credit laws and other regulations at the Owner's and
Architect's prtncipnl places of business. the location of the Protect and elsewhere may affect the validity of this provision. Specific legal advice should be
obtained with respect to deletions or modifications, and also regarding requirements such as written dsclosures or waivers)
•
This Agreement entered into as of the day and year first written above.
OWNER
CITY QE ROUND ROCK, TEXAS
/_1 / . /
'A. Stluka, Jr., Mayor
12
ARCHITECT
ARCHITECTURE + PLUS
B
Mac Ragsdale, AIA, Principal
THE STATE OF TEXAS
CITY OF ROUND ROCK
COUNTY OF WILLIAMSON
SUPPLEMENTARY AGREEMENT NO. 1
§
§ KNOW ALL BY THESE PRESENTS:
This document is entitled Supplementary Agreement No. 1, and it supplements Standard
Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA
Document B141-1997, for the following Project:
Complete professional planning, architectural, design, landscaping and
civil /structural /mechanical/electrical engineering services related to the following:
I. Masterplan City Campus and District;
II. Parks and Recreation/Municipal Courts Building and Site, including
administration of the construction contract; and
III. Infrastructure Improvements,
all as are more specifically identified and described in the accompanying AIA
Document B141-1997.
This Supplementary Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements, that being the c S day of ` ), 2000, and likewise
is by and between the same parties, those being the CITY OF ROUND ROCK, a home -rule
municipal corporation of Williamson County, Texas (hereinafter referred to as "City" and/or
"Owner ") and ARCHITECTURE + PLUS, with offices located at 1907 North Lamar, Suite 260,
Austin, Travis County, Texas, 78705 (hereinafter referred to as "Architect ").
C \TEXT \SUPPMOC.UPD /jkg
WITNESSETH:
WHEREAS, as is recited in the Agreement this document supplements, City intends to
gather and analyze data, design, and construct the described municipal office complex (hereinafter
called the "Project ") at a total budgeted construction cost still to be determined. Architect's services
are desired for purposes including but not limited to planning, designing, and engineering of the
Project. Total compensation for Architect's services under this Agreement shall not exceed the
following:
I. Masterplan City Campus and District - total architectural/engineering cost of $94,255.
II. PARD/Municipal Courts Building and Site - total architectural/engineering cost of
$340,100.
IIIA. Infrastructure Improvements (assuming bidding and construction under single prime
contract with PARD/Municipal Courts Building) - total architectural/engineering cost of
$144,720; or
BOB. Infrastructure Improvements (assuming bidding and construction as a separate stand-
alone project) - total architectural/engineering cost of $158,410.
WHEREAS, as is recited in the Agreement this document supplements, City desires to
contract with Architect for complete architectural and engineering services in connection with design
and construction of the Project, and for the administration of the Construction Contract during
construction of a portion of the Project, all as previously and hereinafter stipulated and within the
limits the City has budgeted or will budget therefor; and
WHEREAS, as is stipulated in the Agreement this document supplements, Architect has
agreed to provide such professional services for the compensation delineated previously and herein;
NOW, THEREFORE, City and Architect, in consideration of the terms covenants and
conditions contained in the Agreement this document supplements and herein, do hereby contract
as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in this Contract.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions
of this Contract as follows:
I. MASTERPLAN CITY CAMPUS AND DISTRICT
(a) Planning and design of Campus Masterplan and
design guidelines report; Public information
initiatives
(b) Conceptual masterplan rendering
(c) Water pollution abatement plan
(d) Traffic /transportation planning
(e) Phase I environmental site assessment
TOTAL A/E SERVICES FOR I. ABOVE $ 94,255
2
$ 38,225
$ 8,900
$ 5,480
$ 37,700
$ 3,950
II. PARD/MUNICIPAL COURTS BUILDING AND SITE
(a) Programming, planning, design and documents $ 314,250
of building and site
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(1) Control
(2) Topo/Design
(3) Trees
(4) Platting
(5) Construction staking
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(1) Boundary/Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
3
$ 47,137.50
$ 78,562.50
$109,987.50
$ 15,712.50
$ 62,850.00
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 22,220
$ 3,190
$ 7,370
$ 1,210
$ 7,700
$ 2,750
TOTAL A/E SERVICES FOR II. ABOVE $ 340,100
IIIA. INFRASTRUCTURE IMPROVEMENTS (assumes bidding and
construction under single prime contract with PARD /Courts)
(a) Planning, design and documents $ 115,460
$ 17,319
$ 28,865
$ 40,411
$ 5,773
$ 23,092
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR IIIA. ABOVE $ 144,720
IIIB. INFRASTRUCTURE IMPROVEMENTS (assumes bidding
and construction as a separate stand -alone project)
(a) Planning, design and documents $ 129,200
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
(1) Boundary /Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
Principal Architect $ 90.00
Project Architect $ 80.00
CADD/Technical Support I $ 55.00
CADD /Technical Support II $ 45.00
CADD /Technical Support III $ 35.00
4
$ 19,380
$ 32,300
$ 45,220
$ 6,460
$ 25,840
$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR IIIB. ABOVE $ 158,410
For approved Reimbursable Expenses, as defined in Article V hereof, an allowance not to exceed
eight percent (8 %) of Architect's total compensation hereunder. Eligible Reimbursable Expenses,
other than Special Consultants, shall be billed to City at cost. Eligible Reimbursable Expenses for
Special Consultants shall be billed to City at 1.10 times the amount billed Architect for same.
For Architect's Additional Services, if any be authorized in advance by City as hereinafter provided,
a supplemental fee to be computed as follows:
(a) Principal's time at a fixed rate of $90.00 per hour. For purposes of this Contract, the
Principals are: Mac Ragsdale, AIA, and Betty Trent, AIA
(b) Employees' time shall be paid at the following agreed hourly rates:
Additional Services of Basic Consultants (including structural, mechanical, electrical and civil
engineering) shall be computed at 1.10 times the amounts billed to Architect. Additional Services
of Special Consultants shall be computed at 1.10 times the amount billed Architect for such services.
Unless subsequently changed by additional Supplemental Agreement to this Contract, duly
authorized by City Council Resolution, Architect's total compensation hereunder shall not exceed
$579,075.00 if services are comprised of I., II., IIIA; and shall not exceed $592,765.00 if services
are comprised of I., II., IIIB.; plus a not - to - exceed amount of eight percent (8 %) of Architect's total
compensation hereunder for approved Reimbursable Expenses. These amounts represent the absolute
limit of City's liability to Architect under this Contract, unless same shall be changed by additional
Supplemental Agreement hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
2.01 Basic Services. The Architect's Basic Services consist generally of the six subphases
described below, and include complete architectural services and complete structural, mechanical,
electrical and civil engineering services, and such other services as may be necessary to assist the
City in the design and construction of the Project, within the limits the City has budgeted or will
budget therefor, and in compliance with the Project Facility Program, which is hereby made a part
of this Contract for all purposes. Architect agrees that upon execution of this Contract, it will submit
to City within ten (10) days a list of all additional consultants it intends to utilize, not previously
identified in Architect's Proposal Letter, delineating their respective tasks. All of Architect's
consultants shall be subject to the approval of the City through its City Manager, and City reserves
the right to reject any consultant. Architect shall perform all work hereunder in a manner satisfactory
and acceptable to the City, represented by its City Manager or his designee, hereinafter referred to
as "Director." A Performance Schedule shall be agreed to by Architect and Director, and Architect
agrees to use its best efforts to complete all services hereunder in accordance with such Performance
Schedule. All services shall be performed to the highest professional standard.
2.02 Schematic Design Documents Phase. On the PARD/Municipal Courts Building and Site
portion of the Project, and elsewhere as directed, Architect shall provide the following Schematic
Design Documents Phase Services:
(1)
ARTICLE II
ARCHITECT'S SERVICES
Architect shall provide Schematic Design Documents based upon the mutually
agreed program, schedule, and budget for the Cost of the Work. Such documents
shall establish the conceptual design of the Project illustrating the scale and
relationship of the Project components. The Schematic Design Documents shall
include a conceptual site plan. Preliminary selections of major building systems and
construction materials shall be noted on the drawings or described in writing.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in
a form acceptable to Director. Any variance in the estimated construction costs that
5
(3)
will adversely affect the established Project Budget will be submitted to Director
with appropriate comments and recommendations prior to beginning the Design
Development Phase.
After approval of the Schematic Design Documents by Director, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
fifteen percent (15 %) of the fee authorized herein.
2.03 Design Development Phase. On the PARD/Municipal Courts Building and Site portion of
the Project, and elsewhere as directed, Architect shall provide the following Design Development
Phase Services:
(1) Architect shall prepare Design Development Documents based on the approved
Schematic Design Documents and updated budget for the Cost of the Work, said
Design Development Documents to include adequate specifications for elements of
the Project for consideration and approval by Director. Five (5) copies each of said
documents will be submitted to City, each consisting of drawings and other
documents to fix and describe the size, cross sections and character of the Project as
to architectural, structural, mechanical and electrical systems, materials, and such
other essentials as may be necessary and appropriate. Said documents shall illustrate
and describe the refinement of the design of the Project, establishing the scope,
relationships, forms, size and appearance of the Project by means of plans, sections
and elevations, typical construction details, and equipment layouts. Said documents
shall include outline specifications that identify major materials and systems and
establish in general their quality levels. The Design Development Phase shall be
completed within the agreed Performance Schedule.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in
a form acceptable to Director. Any variance in the estimated construction costs that
will adversely affect the established Project Budget will be submitted to Director
with appropriate comments and recommendations prior to beginning the
Construction Documents Phase.
(3)
After approval of the Design Development Documents by Director, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
twenty-five percent (25 %) of the fee authorized herein.
2.04 Construction Documents Phase. On the PARD/Municipal Courts Building and Site portion
of the Project, and elsewhere as directed, Architect shall provide the following Construction
Documents Phase Services:
(1) Architect shall prepare from the approved Design Development Documents and
updated budget for the Cost of the Work, for consideration of and approval by
6
Director, Construction Documents, which documents shall set forth in detail the
requirements of the entire Project, including the necessary bidding information
prepared in such a way to allow City, if it so desires, to advertise for the award of one
or more contracts for the construction and completion of the entire Project, or any
phase thereof, and Architect shall assist City in preparation of the Bidding Forms,
shall utilize without modification City's standard General and Supplementary General
Conditions, and shall draft all Special Conditions of the Contract. City's standard
form of Contract between City and the Contractor shall also be utilized without
modification, along with City's form of Bid Bond, Performance Bond and Payment
Bond. Architect shall also compile the Project Manual that includes the Conditions
of the Contract for Construction and Specifications and may include bidding
requirements and sample forms. City shall provide all standard documents for
Architect to include in the Project Manual.
Architect shall furnish City in writing a revised Statement of Probable Construction
Cost, indicating cost changes resulting from changes in Project requirements or
general market conditions, in a form acceptable to Director.
Architect shall file five (5) complete sets of proposed Construction Documents with
Director for review and official approval prior to the advertisement of bids for the
construction of the Project, and within the agreed Performance Schedule following
approval of the Design Development Documents. Following approval, Architect shall
prepare and have on hand additional sets as needed for bidding purposes. Should
additional sets be required, Architect will be reimbursed for same as an eligible
reimbursable expense, upon approval in advance by City. Architect shall also file
with Director at said time, the following items:
(a) Tracing of the Project Title Sheet, signed by Architect, with seal affixed.
(This tracing shall be returned to Architect to print contract documents when
the signatures of City officials have been properly affixed).
(b)
Two (2) copies of detailed cost estimates in a form acceptable to City.
(c) Four (4) unbound copies of the approved Project Construction Manual for
subsequent binding with signed construction contracts. The Project
Construction Manual shall include General and Supplementary General
Conditions; Specifications and Special Provisions; Advertisement,
Instructions to Bidders and Bid Proposal Form; City's Bid Bond, Contract,
Performance and Payment Bond Forms; approved Wage Rates; Federal
regulations if applicable to the Project; and other required documents for
construction of the Project.
(4) Architect shall be solely responsible for obtaining the prior approval of the Texas
7
(5)
Department of Licensing and Regulation prior to submittal of all Construction
Documents to City for approval. Any fees charged by the Department for this
approval shall be paid by Architect as a reimbursable expense.
After approval of the Construction Documents by Director, the Architect will submit
a Statement, in triplicate, for services rendered for the unpaid balance of the thirty -
five percent (35 %) of the fee authorized herein.
2.05 Bidding/Negotiation Phase. On the PARD/Municipal Courts Building and Site portion of
the Project, and elsewhere as directed, Architect shall provide the following Bidding/Negotiation
Phase Services:
Following City's approval of the Construction Documents and of the latest Statement of Probable
Construction Cost, Architect shall assist City in awarding a construction contract following legal
public bid requirements. Architect shall arrange for procuring the reproduction of Bidding
Documents, distributing same to prospective bidders, and maintaining records. Owner shall be
responsible for payment for the costs of reproduction of such documents, either directly or through
reimbursement to Architect. During the bid process, Architect shall assist City as follows:
(1) Jointly conducting pre -bid conferences, including on -site visits as required, to
endeavor to assure that bidders understand the Construction Documents, the various
on -site conditions, and the coordination and scheduling requirements.
(2) Preparing responses to questions from prospective bidders, and providing
clarifications and interpretations of the Bidding Documents to all prospective bidders
in the required form of addenda to Contract Documents.
(3)
Assisting in the opening of bids, tabulation and evaluation of bids received, and
advising on award of the contract.
(4) Jointly conducting pre -award conferences where necessary.
Architect's assistance to City shall include submitting written reviews and recommendations for
awards based upon the acceptability of bids; and, if required by City, more detailed analyses of
specific bids. Reviews shall also consider the responsiveness of bids and their conformity with Bid
Documents.
Upon award of the Construction Contract, Architect will submit a Statement, in triplicate, for
services rendered for the unpaid balance of the five percent (5 %) of the fee authorized herein.
2.06 Construction Phase - Administration of the Construction Contract(s). On the
PARD/Municipal Courts Building and Site portion of the Project, and elsewhere as directed,
8
Architect shall provide the following Construction Phase - Administration of the Construction
Contract(s) Services:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one -year warranty inspection of the completed Project, correction of
all defects in Project materials and workmanship, and resolution of all Project - related claims and
disputes. During the Construction Phase, Architect shall provide the following services:
(1)
Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially
modified without Architect's written consent.
(2) Architect shall review properly prepared, timely requests by the Contractor for
additional information about the Contract Documents. A properly prepared request
for additional information about the Contract Documents will be in a form prepared
or approved by Architect and will include a detailed written statement that indicates
the specific Drawings or Specifications in need of clarification and the nature of the
clarification requested.
(3)
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the
form of drawings. When making such interpretations and initial decisions, Architect
will endeavor to secure faithful performance by both Owner and the Contractor, will
not show partiality to either, and will not be liable for the results of interpretations
or decisions so rendered in good faith.
(5)
If deemed appropriate by Architect, Architect will on Owner's behalf prepare,
reproduce and distribute supplemental Drawings and Specifications in response to
requests for information by the Contractor.
Architect shall render initial decisions on claims, disputes or other matters in
question between Owner and the Contractor as provided in the Contract Documents.
However, Architect's decisions on matters relating to aesthetic effect will be final
only if consistent with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all deviations from the Contract Documents and most
recent construction schedule submitted by the Contractor. However, Architect will
not be responsible for the Contractor's failure to perform work in accordance with
requirements of the Contract Documents. Architect will be responsible for
Architect's acts or omissions, but will not have control over or charge of and will not
be responsible for acts or omissions of the Contractor, Subcontractors, or their agents
or employees, or any other persons or entities performing portions of the work.
9
Architect will at all times have access to the work wherever it is in preparation or
progress.
Owner will endeavor to communicate with the Contractor through Architect about
matters arising out of or relating to the Contract Documents. Communications by
and with Architect's subconsultants will be through Architect.
Architect, as a representative of City, shall advise and consult with Director and will
keep City informed in writing through him of the progress of the Project, including
percent complete on a monthly basis, during the Construction Phase; and after
issuance of the "work order" to proceed with the work, all of City's instructions to its
Contractors will be issued through Architect. Architect will have authority to act on
behalf of Owner only to the extent provided in this Agreement unless otherwise
properly modified by written amendment.
(10) Architect shall provide, during construction, adequate and competent on -site
construction observation, periodically visiting the site to the extent necessary to
personally familiarize himself with the progress and quality of the work, and to
determine if the work is proceeding in accordance with the Contract Documents.
Architect's site observations may be conducted with Owner's designated
representative to check conformance of the work with the requirements of the
Contract Documents and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected. Field Reports of
each visit shall be prepared by Architect and submitted to City. Architect shall
employ all reasonable measures to safeguard City against defects and deficiencies in
the work of the Contractor. Architect shall not be responsible for the construction
means, methods, techniques, sequences of procedures, nor for the safety precautions
and programs employed in connection with the work. However, Architect will
immediately inform Director whenever defects and deficiencies in the work are
observed, or when any observed actions or omissions are undertaken by the
Contractor which are not in the best interests of City and the Project.
(11) Based on such observations at the site and on the Contractor's Application and
Certificate for Payment, Architect shall determine, monthly, the amount owing to the
Contractor and shall certify and forward the Contractor's Application and Certificate
for Payment to Director for approval and payment. These certifications shall
constitute a representation by Architect to City, based on observations at the site and
other data comprising the application for payment, that the work has progressed to
the point indicated; that to the best of Architect's knowledge, information and belief,
the quality of the work is in accordance with the Contract Documents (subject to an
evaluation of the work as a functioning whole upon substantial completion, to the
results of any subsequent tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to Project completion, and
10
to any specific qualifications stated in the Certificate); and that the Contractor is
entitled to payment in the amount certified.
(12) Architect shall have authority to reject work which does not conform to the Contract
Documents. Whenever Architect considers it necessary or advisable, Architect will
have authority to require inspection or testing of the work in accordance with the
provisions of the Contract Documents, whether or not such work is fabricated,
installed or completed. However, neither this authority of Architect nor a decision
made in good faith either to exercise or not exercise such authority shall give rise to
a duty or responsibility of Architect to the Contractor, Subcontractors, material and
equipment suppliers, their agents or employees or other persons or entities
performing portions of the work.
(13) Architect shall make recommendations on all claims and disputes of City or the
Contractor relating to the execution and progress of the work or the interpretation of
the Contract Documents, based upon such review and analysis by Architect as may
reasonably be required. In the event of litigation, where Architect is named as an
additional party with the City, such assistance will include the availability of
knowledgeable witnesses in the employ of Architect for expert testimony.
(14) Architect shall use his best efforts to promptly review and approve or reject shop
drawings, product data and samples and other submissions of the Contractor for
conformance only with the design concept of the Project and with the information
given in the Contract Documents. Architect shall establish and implement precise
procedures, to be approved by City's Director, for expediting the processing and
approval of these submissions without delay. Prompt review by Architect of
submissions is of prime importance to City and an absolute necessity under the time
constraints of the Project.
(15) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in six (6) copies, after review and approval by City. Each
Change Order shall be specific and final as to prices and extensions of time, with no
reservations or other provisions allowing for future additional money or time as a
result of the particular changes identified and fully compensated in the Change
Order. Architect's compensation for preparation of Change Orders, if any, shall be
determined by Section 2.09(1) below.
(16) Architect shall conduct inspections to determine the dates of substantial completion
and final completion, shall receive written guarantees and related documents
assembled by the Contractor for submittal with the final Certificate of Payment, and
shall prepare and present a final Certificate for Payment to Director for City's
approval and payment. In addition, Architect shall make an inspection of the Project
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at least thirty (30) days before the expiration of the one (1) year warranty contained
in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the
Contractor and major Subcontractors. Minutes of same shall be prepared by
Architect with copies submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work,
consistent with the Contract Documents, and not involving an adjustment in the
Contractor's bid price or an extension of the Project Schedule. Such changes shall be
accomplished by Field Order. In addition, Architect may issue written Field Orders
which interpret the Plans and Specifications, with copies submitted to City's Director.
(19) Architect shall assemble and deliver to City a set of reproducible Record
Construction Drawings showing significant changes in the work during the
construction process and final location of mechanical and electrical service lines and
outlets, based upon marked -up prints of drawings and other data furnished by the
Contractor to Architect. Architect shall provide Record Construction Specifications
which will identify the changes in the specifications on a sheet, which sheet will be
inserted at the beginning of each section to which they pertain.
(20) Architect shall obtain from the Contractor and forward to Owner the following: (1)
consent of surety or sureties, if any, of reduction in or partial release of retainage or
the making of final payment; and (2) affidavits, receipts, releases and waivers of liens
or bonds indemnifying Owner against liens.
(21) After approval by Director, Architect will submit a Statement, in triplicate, for
services rendered for the unpaid balance of the twenty percent (20 %) of the fee
authorized herein.
2.07 Warranty Phase. On the PARD/Municipal Courts Building and Site portion of the Project,
and elsewhere as directed, Architect shall assist Owner in scheduling corrections to be made by the
Contractor during the warranty period. During the eleventh month following completion of the
prime general contract, Architect will arrange for a warranty inspection tour of the entire Project by
authorized representatives of City, the Subconsultants and of each prime contractor engaged on the
Project. Architect shall then prepare a list of work which needs to be done by each prime contractor
to satisfy that prime contractor's warranty obligations to City.
2.08 Project Representation Beyond Basic Services. In the event that circumstances should
develop whereby continuous, full -time representation at the Project site is required, the conditions
under which such representation shall be furnished and the Project Representatives selected,
employed and directed shall be governed by an additional written Supplemental Agreement between
City and Architect.
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2.09 Additional Services. Architect shall perform Additional Services, as requested by City, after
a not -to- exceed amount has been mutually agreed upon in writing by Director and Architect. Where
City Council authorization is required, Architect shall not proceed until the appropriate Resolution
for such Additional Services has been adopted. The following services are not covered under Article
II, which defines and outlines Architect's Basic Services. If any of these Additional Services are
authorized in writing by Director in advance of their performance, they shall be paid for in the
manner agreed to at the time of authorization.
(1)
(2) Providing consultation concerning replacement of any Project work damaged by fire
or other cause during construction, and furnishing professional services as may be
required in connection with the replacement of such work, unless damage was the
result of Architect's error.
(3)
Preparing Change Orders and supporting data and/or revising previously approved
plans when the changes in approved Plans and Specifications are required by the
City. If changes are required to be made because of error, oversight, clarification,
discrepancy, or budget overruns in the work of Architect, City shall not be liable to
compensate Architect for Additional Services or expenses in such connection.
Providing other extraordinary professional services over and above the Contract
requirements, where required and requested by City, including extraordinary
professional services which might result if the City decides to "fast- track" the
Project.
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information. City shall provide full information regarding requirements for the Project.
3.02 Designate representatives. City shall designate, when necessary, representatives authorized
to act in its behalf. City shall examine documents submitted by Architect and render decisions
pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Survey. City shall furnish, or direct Architect to obtain at City's expense, a certified survey
of the site, giving, as required, grades and lines of streets, alleys, pavements and adjoining property;
rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries,
contours and other data pertaining to existing buildings or adjacent to the site, other improvements
and trees; and full information as to available service and utility lines, both public and private, and
test borings, pits, reports and soil bearing values and other necessary operations for determining
subsoil conditions.
3.04 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
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mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.05 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor. Any charges which may be
assessed for tap fees will be paid by City and are not to be included by Architect in the Specifications
for the Project.
3.06 Miscellaneous items. City will also provide Architect with such items as the Project Facility
Program; two (2) copies of the City of Round Rock General and Supplementary General Conditions
for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond
Forms, Bid Advertisement Form, and such other information and materials as may be necessary and
practicable for the orderly and expeditious process of the work and the awarding of the Construction
Contract. To the extent practicable, these documents shall be utilized in the preparation of the
Construction Documents.
ARTICLE IV
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project has not been fully ascertained as of the date of making of these Contract Documents.
Architect, in consultation with City, shall determine what materials, equipment, component systems
and types of construction are to be included in the Contract Documents, and will make reasonable
adjustments in the scope of the Project to bring it within the limits when fixed. With City approval,
Architect may also include in the Contract Documents altemate bids to adjust the construction cost
to the fixed limit. If the lowest responsible bid is within the fixed limit of total Budgeted
Construction Cost for the Project, or Architect's latest detailed estimate of Probable Construction
Cost is still less than the fixed limit of total Budgeted Construction Cost for the Project, City shall
pay Architect fees for Basic Services in accordance with this Contract.
4.02 Procedures if bid(s) exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project, and as a
result thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed
limit of total Budgeted Construction Cost for the Project, City at its option may either (1) give
written approval of an increase in such fixed limit, with no obligation to increase Architect's fee, or
(2) authorize rebidding within a reasonable time, or (3) cooperate in revising the Project scope and
quality as required to reduce the Probable Construction Cost. In the case of (3), Architect, without
additional charge, shall immediately modify the Drawings and Specifications as necessary to bring
the Project cost within the budgeted fixed limit, or within any higher fixed limit subsequently
authorized by City. Providing this service shall be the limit of Architect's responsibility in this
regard, and having done so, Architect shall be entitled to his fees in accordance with this Contract.
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ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and
Additional Services and include actual expenditures made by Architects, their employees, or their
consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized in advance.
5.02 Travel, phone, postage, reproduction, etc. When authorized in advance by City, the
following shall be reimbursable: reasonable transportation and living expenses of principals and
employees when traveling in connection with the Project outside of Williamson County, Texas,
essential long distance calls and telegrams, fees paid for the securing of approval of authorities
having jurisdiction over the Project, postage, and reproduction of Drawings and Specifications,
excluding copies for Architect's office use and the required number of sets at each phase of the work
for City's review.
5.03 Overtime. If authorized in advance by City, the expense of extraordinary overtime work, not
due to Architect delays, requiring higher than regular rates, and renderings, slides, photographs or
models for the City's use shall be reimbursable.
5.04 Texas Department of Licensing and Regulation fees. Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Natural Resource Conservation Commission fees. Any fees charged to Architect
by the Texas Natural Resource Conservation Commission for the Water Pollution Abatement Plan
and for the Sewage Collection Fee shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design
services is authorized by City, (for example, special lighting and landscape consultants, special soil
mechanics engineers, communications consultants, etc.), fees for other than normally required
architectural, structural, mechanical, electrical and civil engineering services and the Basic Services
hereinbefore defined, shall be reimbursable.
ARTICLE VI
PAYMENTS TO THE ARCHITECT
6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly
in proportion to the degree of completion of each subphase, but not to exceed the following
percentages of the respective fees at the completion and approval of each subphase of the work:
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I. MASTERPLAN CITY CAMPUS AND DISTRICT
(a) Planning and design of Campus Masterplan and
design guidelines report; Public information initiatives
(b) Conceptual masterplan rendering
(c) Water pollution abatement plan
(d) Traffic /transportation planning
(e) Phase I environmental site assessment
TOTAL A/E SERVICES FOR I. ABOVE
II. PARD/MUNICIPAL COURTS BUILDING AND SITE
(a) Programming, planning, design and documents $ 314,250
of building and site
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(1) Control
(2) Topo/Design
(3) Trees
(4) Platting
(5) Construction staking
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
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$ 47,137.50
$ 78,562.50
$109,987.50
$ 15,712.50
$ 62,850.00
$ 3,190
$ 7,370
$ 1,210
$ 7,700
$ 2,750
IIIA. INFRASTRUCTURE IMPROVEMENTS (assumes bidding and
construction under single prime contract with PARD /Courts)
$ 17,319
$ 28,865
$ 40,411
$ 5,773
$ 23,092
$ 38,225
$ 8,900
$ 5,480
$ 37,700
$ 3 950
$ 94,255
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 22,220
TOTAL A/E SERVICES FOR II. ABOVE $ 340,100
(a) Planning, design and documents $ 115,460
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
(1) Boundary/Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR IIIA. ABOVE $ 144,720
BIB. INFRASTRUCTURE IMPROVEMENTS (assumes bidding
and construction as a separate stand -alone project)
(a) Planning, design and documents $ 129,200
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
$ 19,380
$ 32,300
$ 45,220
$ 6,460
$ 25,840
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
(1) Boundary /Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
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$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR BIB. ABOVE $ 158,410
6.02 Reimbursable Expenses and Additional Services. Payments for authorized Reimbursable
Expenses and Additional Services for Architect, as hereinbefore referred to, shall be made following
presentation, review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions. No deductions shall be made from Architect's compensation on account of
penalty, liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims, whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or
subphase is abandoned or suspended, in whole or in part, Architect is to be paid for the services
performed on account of it prior to receipt of written notice from City through its Director of such
abandonment or suspension.
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation
to substantiate Architect's charges, and shall be in a form to be specified by Director. All payments
to Architect shall be made on the basis of the invoices submitted by Architect and approved by
Director. Such invoices shall conform to the schedule of services and costs in connection therewith
set out hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup "
material be requested by Director, Architect shall comply promptly with such request. In this regard,
should Director determine it necessary, Architect shall make all records and books relating to this
Contract available to City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in
any invoice that may have been paid to Architect and to adjust the same to meet the requirements
of the Contract. Following approval of invoices, City will endeavor to pay Architect promptly, but
not later than the time period required under the Texas Prompt Payment Act; however, under no
circumstances shall Architect be entitled to receive interest on payments which are late because of
a good faith dispute between Architect and City or because of amounts which City has a right to
withhold under this Contract or state law.
6.08 Offsets. City may, at its option, offset any amounts due and payable under this Contract
against any debt (including taxes) lawfully due to City from Architect, regardless of whether the
amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or
not the debt due to City has been reduced to judgment by a court.
ARTICLE VII
ARCHITECT'S ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses
pertaining to the Project, and records of accounts between City and Architect shall be kept on a
generally recognized accounting basis and shall be available to City or its authorized representatives
at mutually convenient times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Contract, it is agreed and fully
understood by Architect that Director may cancel or indefinitely suspend further work hereunder or
terminate this Contract either for cause or for the convenience of City, upon fifteen (15) days written
notice to Architect, with the understanding that immediately upon receipt of said notice all work and
labor being performed under this Contract shall cease. Architect shall invoice City for all work
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ARTICLE IX
GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS;
CONTRACT ADMINISTRATION
satisfactorily completed and shall be compensated in accordance with the terms of this Contract for
all work accomplished prior to the receipt of said notice. No amount shall be due for lost or
anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work
related to the Project shall become the property of City upon termination of this Contract, and shall
be promptly delivered to City in a reasonably organized form without restriction on future use.
Should City subsequently contract with a new architect for continuation of services on the Project,
Architect shall cooperate in providing information.
8.02 Default. Nothing contained in Section 8.01 above shall require City to pay for any work
which is unsatisfactory as determined by Director or which is not submitted in compliance with the
terms of this Contract. City shall not be required to make any payments to Architect when Architect
is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at
equity, which City may have if Architect is in default, including the right to bring legal action for
damages or to force specific performance of this Contract.
9.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary
General Conditions to AIA Document A201, "General Conditions of the Contract for Construction ",
are to be used by Architect without modification; however, City may, upon prior consultation,
approve of any changes that may be necessary for specific cases or instances. Any special conditions
pertaining to the Project that are approved by City will be included under the Special Conditions
portion of the Construction Documents.
9.02 Contract Administration. This Contract shall be administered on behalf of City by its City
Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute
arising hereunder shall be submitted to Director, whose decision in the matter shall be final and
binding.
ARTICLE X
RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE
10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed
a release of the responsibility and liability of Architect, its employees, subcontractors, agents and
consultants for the accuracy and competency of their Designs, Working Drawings, Specifications
or other documents and work; nor shall such approval be deemed to be an assumption of such
responsibility by City for any defect, error or omission in the Designs, Working Drawings, and
Specifications or other documents prepared by Architect, his employees, subcontractors, agents and
consultants.
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10.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City,
its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs
and expenses for personal injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons, that may arise out of or be
occasioned by Architect's breach of any of the terms or provisions of this Contract, or by any
negligent act or omission of Architect, his officers, agents, associates, employees or subconsultants,
in the performance of this Contract; except that the indemnity provided for in this paragraph shall
not apply to any liability resulting from the sole negligence of City, its officers, agents, employees
or separate contractors, and in the event of joint and concurrent negligence of both Architect and
City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with
the laws of the State of Texas, without, however, waiving any governmental immunity available to
City under Texas law and without waiving any defenses of the parties under Texas law. The
provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create
or grant any rights, contractual or otherwise, to any other person or entity.
10.03 Indemnification (Patent and Copyright Claims). Architect agrees to completely defend
and indemnify City, its officers, agents and employees, against a claim that any of the Designs, Plans
or Specifications prepared by Architect, its employees, associates or subconsultants, pursuant to this
Contract infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of
whether or not City is proven to have actively induced or contributed to the infringement. Architect
will pay any and all resulting costs, damages and attomey's fees finally awarded, provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims, the City Attorney of City shall
be kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b)
Architect's defense and indemnification under this section is conditioned on
City's agreement that if any of the designs, plans or specifications, become,
or in Architect's opinion are likely to become, the subject of such a claim,
City will permit Architect, at Architect's option and expense, either to procure
the right for City to continue using the designs, plans or specifications or to
replace or modify the same so that they become non - infringing; and if neither
of the foregoing alternatives is available on terms which are reasonable in
Architect's judgment, City, to the extent City is legally able to do so, will
cease using the designs, plans or specifications on written request of
Architect, in which instance City has the sole option to either require
Architect to perform new design work at Architect's sole expense, or to
terminate this Contract.
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(c) Architect has no liability under this section for any claim of infringement
based upon the modification or alteration of the designs, plans or
specifications prepared under this Contract subsequent to the Project by City,
or by any engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
10.04 Insurance. Architect, at Architect's sole cost, shall purchase and maintain during the term
of this Contract the minimum insurance coverage in the amount of One Million Dollars from a
company authorized to do insurance business in Texas and otherwise acceptable to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Contract to
maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated
minimum insurance required in Section 10.04 above, including the required provisions and
additional policy conditions as shown below in Section 10.06, unless specifically waived by the City
Manager. As an alternative, Architect may include its subconsultants as additional insureds on its
own coverages as prescribed under these requirements. Architect's certificate of insurance shall note
in such event that the subconsultants are included as additional insureds and that the Architect agrees
to provide Workers' Compensation coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order to
assure compliance with the insurance requirements. Architect must retain the certificates of
insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and without
expense, to receive copies of these certificates of insurance.
10.06 Insurance Policy Endorsements. Each insurance policy under paragraph 10.04 shall include
the following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation,
non - renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
Robert L. Bennett, Jr., MCP
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Architect shall also notify City, within 24 hours of receipt, of any notices of
expiration, cancellation, non - renewal, or material change in coverage it receives from
its insurer.
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(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Architect.
(3)
The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members,
employees and agents thereof in their official capacities, and/or while acting on
behalf of the City of Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage
currently held by City, to any such future coverage, or to City's Self - Insured
Retentions of whatever nature.
(5) Architect and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained
by Architect shall be borne solely by Architect, with certificates of insurance evidencing such
minimum coverage in force to be filed with the City.
ARTICLE XI
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC.
11.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors
shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of
Round Rock, as amended, and with all applicable rules and regulations promulgated by all local,
State and National boards, bureaus and agencies. Architect shall further obtain all permits and
licenses required in the performance of the professional services contracted for herein.
11.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309
of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE XII
TERM
12.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or
extended by mutual agreement approved by City's Director, the term of this Contract shall be from
the date hereof until final completion of the Project and all architectural/engineering and construction
administration services in connection therewith, including the final one (1) year warranty inspection,
and resolution of any outstanding Project- related claims or disputes.
12.02 Project Performance Schedule. Architect understands that the Project Performance
22
Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the
performance of services required herein, so that construction of the Project will be commenced as
scheduled. In this regard, Architect shall proceed with sufficient qualified personnel and consultants
necessary to fully and timely accomplish all services required under this Contract in the highest
professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers,
employees, agents, consultants and subcontractors will have no financial interest, direct or indirect,
in the purchase or sale of any product, materials or equipment that will be recommended or required
for the construction of the Project.
13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Architect hereunder shall be kept confidential, and shall not
be disclosed to any third parties without the prior written consent and approval of City's Director.
ARTICLE XIV
GENERAL PROVISIONS
14.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that
any failure of Architect to complete the services for each phase of this Contract within the agreed
Project Performance Schedule will constitute a material breach of this Contract. Architect shall be
fully responsible for its delays or for failures to use his best efforts in accordance with the terms of
this Contract. Where damage is caused to City due to Architect's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Architect's payments hereunder
without waiver of any of City's additional legal rights or remedies.
14.02 Force Majeure. Neither City nor Architect shall be deemed in violation of this Contract if
it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible or circumstances beyond its control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Contract. Architect shall not assign,
sublet or transfer any interest in this Contract without prior written authorization of City's Director.
14.04 Amendments. This Contract, representing the entire agreement between the parties, may
only be amended or supplemented by mutual agreement of the parties hereto in writing.
14.05 Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any
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or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County,
Texas. This Contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
All notices and correspondence from City to Architect shall be mailed or delivered to the Architect
as follows:
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed
in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution
No. R- O0-05 -a5 - )IC 5 approved by the City Council on `mai as a000 ,
and Architecture + Plus, signing by and through its duly authorized representative(s), thereby
binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
ATTEST:
Robert L. Bennett, Jr., AICP
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Mac Ragsdale, AIA
Project Principal
Architecture + Plus
1907 North Lamar, Suite 260
Austin, Texas 78705
e Land, City Secretary Ro
CITY OF ROUND ROCK, TEXAS
24
ert A. Stluka, Jr.,
ARCHITECTURE + PLUS
By: %� .G. /l
Mac Ragsdale, AIA, Project Principal
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN,
TEXAS 78711 -2337 OR 333 GUADALUPE, SUITE 2 -350, AUSTIN, TEXAS 78701 -3942,
TELEPHONE (512) 305 -9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER
THE ARCHITECTS' REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a.
25
EXHIBIT `B"
SPECIFICATION OF SERVICES TO BE PERFORMED BY ARCHITECT
L MASTERPLAN CITY CAMPUS AND DISTRICT
SCOPE:
City campus is understood to be approximately 5.85 acres within a district as outlined in
attachment to this Exhibit `B." District is bounded by Lake Creek, McNeil Road, North
Mays (U.S. 81), and Round Rock Avenue.
BASIC SERVICES:
* Architect shall provide traffic /transportation planning and recommendations for the
district including:
C. \TEXT \MOCEX6.WPO /jkg
Architect's basic services will include complete professional planning, architectural,
design, landscaping and civil / structural/mechanical /electrical engineering services,
as are more specifically identified and described in the accompanying AIA Document
B141 -1997 and "Supplementary Agreement No. 1" and all exhibits.
Architect shall refine and develop campus masterplan and design guidelines report
which incorporates facility programming information, civil engineering consulting,
traffic /transportation planning, input from community and stakeholders, image and
character studies of campus and streetscape, anticipated growth and change for
twenty year span, and responses to key issues affecting the site.
Architect shall attend public information sessions and presentations, providing
necessary documentation and presentation materials. Two team principals will attend
1 - 2 City Council work sessions and/or large public presentations, 2 - 3 "open
house" community meetings, and 2 - 3 informal individual or small group meetings.
In addition, one team principal will be available for up to ten informal individual or
small group meetings on an as- needed basis.
Architect shall provide regional water pollution abatement plan (WPAP) for the
district. This document would be the basis for the preparation of future WPAPs
within the district.
(a) Meetings with City to determine a detailed scope of work;
(b) Traffic impact data collection and analysis at thirteen intersections and along
Bagdad Avenue, Florence Street, and Brown Street. Includes draft and final
TIA report with recommendations. Also evaluates potential extension of
Main Street to IH35 and operations at both IH35 and Round Rock Avenue
and 1H35 and McNeil Road;
(c) Meetings with City, staff, and neighborhoods;
(d) Presentations to Planning and City Council, if requested (hourly basis);
(e) Follow -up analysis subsequent to meetings and presentations, if requested
(hourly basis).
* Architect shall provide Phase I environmental site assessment to identify potential
problems affecting campus site, including necessary research and data collection.
Note that this effort must be completed prior to closing on property.
DELIVERABLES:
SCOPE:
Conceptual masterplan color rendering of suitable size for public presentation,
approximately 30" x 42." Plan will illustrate circulation, streetscape improvements,
building sites with building sizes indicated, and other major site improvements
anticipated in twenty year span.
Design guidelines report in 8 x 11" format which will identify key issues affecting
the campus and district. Report will address land use, urban design framework,
streetscape, access and circulation, infrastructure, and environmental conditions.
Four copies of initial draft and eight copies of final report provided as a basic service.
Regional water pollution abatement plan including maps and calculations, draft and
final.
Traffic Impact Analysis (TIA), draft and final.
Phase I environmental site assessment including maps and calculations, draft and
final.
II. PARD /MUNICIPAL COURTS BUILDING AND SITE
24,000 - 25,000 square foot building for PARD Administration and Municipal Courts as
outlined in attachment to this Exhibit "B." PARD will occupy approximately 8,000 - 10,000
square feet; Municipal Courts will occupy approximately 8,000 - 10,000 square feet; with
the remainder for public areas, storage, expansion or other uses. Site improvements include
entry and public plaza, streetscape image and landscaping. Parking will be on site for +/ -45
2
cars, and adjacent street parking for +/ -45 cars. Includes street improvements along Brown
Street and Bagdad Avenue to accommodate parking and circulation to PARD/Municipal
Courts site. It is assumed the project would be bid as a stand -alone project under a single
prime contract, and may or may not run concurrently with Infrastructure Improvements. If
PARD/Municipal Courts is combined with Infrastructure Improvements, the construction
costs and fees would be reduced.
BUDGET [assuming bid as a stand -alone project]:
Buildine $ 3,575,000
Shell - 25,000 square feet at $100 per
PARD space - 10,000 square feet at $35 per
Courts space - 8,000 square feet at $50 per
Contingency at ten percent (10 %)
$ 2,500,000
$ 350,000
$ 400,000
$ 325,000
Site /Civil $ 488,400
Paving, grading, drainage, water quality -
16,000 square feet at $7.50 per
Landscape planting - 10,000 square feet
at $8.00 per
Hardscape /Streetscape - plaza, entry,
decorative paving, accessories
Landscape irrigation
Site electrical/lighting
Contingency at ten percent (10 %)
$ 120,000
$ 80,000
$ 154,000
$ 30,000
$ 60,000
$ 44,400
TOTAL PROPOSED CONSTRUCTION BUDGET $ 4,063,400
BASIC SERVICES:
* Architect's basic services will include complete professional planning, architectural,
design, landscaping and civil/ structural/mechanical/electrical engineering services,
as are more specifically identified and described in the accompanying AIA Document
B141-1997 and "Supplementary Agreement No. 1" and all exhibits.
Architect shall provide written statements of probable construction costs updated at
each submission phase. These are based on unit costs of major building systems and
do not include detailed quantity surveys of various components of building systems.
3
DELIVERABLES:
III. INFRASTRUCTURE IMPROVEMENTS
SCOPE:
Progress documents for review at each submission phase of Schematic Design,
Design Development, and ninety -five percent (95 %) complete Construction
Documents. Reproduction of three Owner review sets for each phase are included
as a basic service. Final documents for bidding and construction will be provided,
reproduction expenses to be paid by Owner as delineated herein.
Streets, sidewalks, landscaping and irrigation, hardscape and decorative paving, site
furniture, and lighting along Brown Street and side streets are included as outlined in
attachment to this Exhibit `B." Design will implement streetscape image and incorporate
planning and recommendations developed in "I. Masterplan City Campus and District"
and in "II. PARD/Municipal Courts Building and Site." It is assumed project could be bid
as a stand -alone project under a single prime contract, and may or may not run concurrently
with PARD/Municipal Courts Building and Site. If Infrastructure Improvements are
combined with PARD/Municipal Courts Building and Site, the construction costs and fees
would be reduced.
BUDGET [assuming bid as a stand -alone project]:
Site /Civil $ 1,290,000
Grading, decorative paving, street paving, utilities
Landscape irrigation, site furnishings
Site electrical/lighting
TOTAL PROPOSED CONSTRUCTION BUDGET $ 1,607,000
BASIC SERVICES:
4
$ 77,000
$ 240,000
Architect's basic services will include complete professional planning, architectural,
design, landscaping and civil / structural /mechanical/electrical engineering services,
as are more specifically identified and described in the accompanying AIA Document
B141-1997 and "Supplementary Agreement No. 1" and all exhibits.
It is anticipated that design services will run concurrently with II. PARD/Municipal
Courts Building and Site, with an option to bid as separate projects or combined into
a single project. Services would be the same as for II. PARD/Municipal Courts
Building and Site, whether bid as separate or combined.
DELIVERABLES:
Progress documents for review at each submission phase of Schematic Design,
Design Development, and ninety-five percent (95 %) complete Construction
Documents. Reproduction of three Owner review sets for each phase are included
as a basic service. Final Documents for bidding and construction will be provided,
with reproduction expenses to be paid by Owner as delineated herein.
5
I. MASTERPLAN CITY CAMPUS AND DISTRICT
TOTAL A/E SERVICES FOR I. ABOVE $ 94,255
II. PARD/MUNICIPAL COURTS BUILDING AND SITE
Ci \ TEXT \MOCEXD. WPD /ikg
EXHIBIT "C"
FEE SCHEDULE
(a) Planning and design of Campus Masterplan and
design guidelines report; Public information initiatives
(b) Conceptual masterplan rendering
(c) Water pollution abatement plan
(d) Traffic /transportation planning
(e) Phase I environmental site assessment
(a) Programming, planning, design and documents $ 314,250
of building and site
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(1) Control
(2) Topo/Design
(3) Trees
(4) Platting
(5) Construction staking
$ 47,137.50
$ 78,562.50
$109,987.50
$ 15,712.50
$ 62,850.00
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 22,220
$ 3,190
$ 7,370
$ 1,210
$ 7,700
$ 2,750
$ 38,225
$ 8,900
$ 5,480
$ 37,700
$ 3,950
TOTAL AB SERVICES FOR II. ABOVE $ 340,100
IIIA. INFRASTRUCTURE IMPROVEMENTS (assumes bidding and construction under a
single prime contract with PARD/Municipal Courts Building and Site)
(a) Planning, design and documents $ 115,460
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
(1) Boundary /Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
(1) Schematic design at 15%
(2) Design development at 25%
(3) Construction documents at 35%
(4) Bidding/Negotiation at 5%
(5) Construction administration at 20%
(1) Boundary /Control
(2) Topo/Design
(3) Trees
(4) Off -site utilities
(5) Construction staking
$ 17,319
$ 28,865
$ 40,411
$ 5,773
$ 23,092
$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR IIIA. ABOVE $ 144,720
IIIB. INFRASTRUCTURE IMPROVEMENTS (assumes bidding and construction as a separate
stand -alone project)
(a) Planning, design and documents $ 129,200
$ 19,380
$ 32,300
$ 45,220
$ 6,460
$ 25,840
(b) Water pollution abatement plan/Agency submittals $ 3,630
(c) Miscellaneous surveys $ 25,630
$ 3,850
$ 11,990
$ 2,640
$ 2,200
$ 4,950
TOTAL A/E SERVICES FOR IIIB. ABOVE $ 158,410
DATE: May 19, 2000
SUBJECT: City Council Meeting — May 25, 2000
ITEM: 11.C.5. Consider a resolution authorizing the Mayor to execute a contract
with Architecture Plus for the design of the Parks and
Recreation%funicipal Court Building. Staff Resource Person: Jim
Nuse, Public Works Director.
L L■J - v.i
�J Ill Client #
ACORN CERTIFICATE OF LIABILITY INSURANCE 07/03/00
PRODUCER+ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
USI Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1946 South IH-35, Suite 301 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Austin, TX 78704
4 JUL 0
RECEIVED 7 2000 INSURERS AFFORDING COVERAGE , ,r--
INSURED INSURERA Hartford Underwriters Insurance Cc
Austin•Architecture Plus, Inc. INSURERS Design Professionals Ins. Co.
1907 North Lamar, Suite 260 INSURER
Austin, TX 78705 usuflERD .'
I INSURER E.
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POUCY NUMBER P DATE(MMWYY
IO) P DATE(M$VDD/YY)
LTR LIMITS
GENERAL UABIUTY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $
1 CLAIMS MADE 1 1 OCCUR MED EXP (Any ono person) $
PERSONAL B ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS - COMP/OPAGG $
7 POLICY ) G I 78.- [7 LOC
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT s
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS - - BODILY INJURY - _ $ .
NON-OWNED AUTOS (Per accident)
- T. - - PROPERTY DAMAGE
- ' r, • (Peracoldont) $
GARAGE UABILITe4 }- • +'"` - - - AUTO ONLY • EAACCIDENT $
ANY AUTO - - OTHER THAN'
EA ACC $
AUTO ONLY. AGG $
EXCESS UABIUTY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS OR KERS COMPENSATION AND 61WECDS6654 12/09/99 12/09/00 X IWDBTATU• S I IOFR-
Y LIMB
EMPLOYERS' UABIUTY E.L EACH ACCIDENT $100,000
EL DISEASE• EA EMPLOYEE $100, 000
EL DISEASE • POLICYUMIT $500,000
B OTHERProfessional PL014271 07/01/99 07/01/00 $1,000,000.Per Claim
Liability $1,000,000.Aggregate
DESCRIPTION OFOPERATIONS /LOCATIONSNEHICLESIEXCLUSI$NS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
*Except in the event of nonpayment of premium
Prof Liab: The aggregate limit is the total insurance available for claims
presented within the policy period for all operations of insured. The
limit will be reduced by payment of indemnity and expense.
Project Ref: PARD /Courts Building & Infrastructure Improvements
COVERAGES
City of Round Rock
Attn: Bob Bennett, City Manager
221 E. Main St.
Round Rock, Tx. 78684
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL1O* DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
A REPRESSHTA.TIVE
Sbw�AA_
CERTIFICATE HOLDER
ACORD 25S (7197) 1 Of 2
ADDMONAL INSURED•INSURERLETTER:
#S49656/M30354
CANCELLATION
207 O ACORD CORPORATION 1988
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POUCY NUMBER P DATE(MMWYY
IO) P DATE(M$VDD/YY)
LTR LIMITS
GENERAL UABIUTY EACH OCCURRENCE S
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $
1 CLAIMS MADE 1 1 OCCUR MED EXP (Any ono person) $
PERSONAL B ADV INJURY $
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS - COMP/OPAGG $
7 POLICY ) G I 78.- [7 LOC
AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT s
ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS - - BODILY INJURY - _ $ .
NON-OWNED AUTOS (Per accident)
- T. - - PROPERTY DAMAGE
- ' r, • (Peracoldont) $
GARAGE UABILITe4 }- • +'"` - - - AUTO ONLY • EAACCIDENT $
ANY AUTO - - OTHER THAN'
EA ACC $
AUTO ONLY. AGG $
EXCESS UABIUTY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
A WORKERS OR KERS COMPENSATION AND 61WECDS6654 12/09/99 12/09/00 X IWDBTATU• S I IOFR-
Y LIMB
EMPLOYERS' UABIUTY E.L EACH ACCIDENT $100,000
EL DISEASE• EA EMPLOYEE $100, 000
EL DISEASE • POLICYUMIT $500,000
B OTHERProfessional PL014271 07/01/99 07/01/00 $1,000,000.Per Claim
Liability $1,000,000.Aggregate
DESCRIPTION OFOPERATIONS /LOCATIONSNEHICLESIEXCLUSI$NS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
*Except in the event of nonpayment of premium
Prof Liab: The aggregate limit is the total insurance available for claims
presented within the policy period for all operations of insured. The
limit will be reduced by payment of indemnity and expense.
Project Ref: PARD /Courts Building & Infrastructure Improvements
COVERAGES
City of Round Rock
Attn: Bob Bennett, City Manager
221 E. Main St.
Round Rock, Tx. 78684
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL1O* DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
A REPRESSHTA.TIVE
Sbw�AA_
CERTIFICATE HOLDER
ACORD 25S (7197) 1 Of 2
ADDMONAL INSURED•INSURERLETTER:
#S49656/M30354
CANCELLATION
207 O ACORD CORPORATION 1988
COVERAGES
City of Round Rock
Attn: Bob Bennett, City Manager
221 E. Main St.
Round Rock, Tx. 78684
SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL1O* DAYSWRITTEN
NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
A REPRESSHTA.TIVE
Sbw�AA_
CERTIFICATE HOLDER
ACORD 25S (7197) 1 Of 2
ADDMONAL INSURED•INSURERLETTER:
#S49656/M30354
CANCELLATION
207 O ACORD CORPORATION 1988
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ACORD25 S(7197)2 of 2 #S49656/M30354