R-00-08-10-10B3 - 8/10/2000RESOLUTION NO. R- 00- 08- 10 -1OB3
WHEREAS, the City of Round Rock desires to retain professional
architectural services for the design of the remodel of the Public
Works Annex and design of storage at the Public Works site on
Enterprise Drive, and
WHEREAS, J. Michael Faulk Architects has submitted an agreement
to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
with J. Michael Faulk Architects, 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 J. Michael Faulk Architects for
architectural services for the design of the remodel of the Public
Works Annex and design of storage at the Public Works site on
Enterprise Drive, 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.
R:\ WPDOCS \RRSOLUTI \ROOB00B3.WPD /se
ATTEST:
RESOLVED this 10th day of August, 2000.
.,/./.IL/I' 4JIJ
JO B± E LAND, City Secretary
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AI I
'
ROB' A. STLUKA, r, Mayor
City of Round Rock, Texas
ARCHITECT'S CONTRACT
FOR
PUBLIC WORKS ANNEX REMODEL / STORAGE BUILDING
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON
nth
T IS C NTRACT is made and entered into as of the ) O day of the month of
, 2000, by and between the CITY OF ROUND ROCK, TEXAS, a home
rule mu ' ipal corporation of Williamson County, Texas (hereinafter referred to as "City, ") and J.
MICHAEL FAULK, ARCHITECTS, with offices located at 8905 Joachim Lane, Austin, Williamson
County, Texas, 78717 (hereinafter referred to as "Architect ").
WITNESSETH:
WHEREAS, City intends to remodel Public Works Annex and build a storage building,
hereinafter called the "Project," at a total budgeted construction cost not to exceed $175,000.00 for
the completion of the Project, and total compensation for Architect's services not to exceed
$17,070.00, with an added allowance for Reimbursable Expenses not to exceed $3,000.00, as further
described hereinbelow; and
WHEREAS, City desires to contract with the 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 the Project, all as hereinafter
stipulated and within the limits City has budgeted therefore; and
WHEREAS, Architect has agreed to provide such professional services for the
compensation provided herein;
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions herein contained, 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 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:
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(1) For Architect's Basic Services, including the services of the professional consultants
engaged for complete architectural services and complete structural, mechanical, and
electrical engineering services, a maximum Basic Fee not to exceed $17,070.00.
(2) For approved Reimbursable Expenses, as defined in Article V hereof, an allowance
not to exceed $3,000.00 Eligible Reimbursable Expenses, other than Special
Consultants, shall be billed to the City at 1.05 times the amount billed Architect for
same. Eligible Reimbursable Expenses for the use of Special Consultants shall be
billed to the City at 1.10 times the amount billed Architect for same.
(3)
(5)
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) Principals' time at a fixed rate of $75.00 per hour. For purposes of this
Contract, the Principal(s) is/are:
J. Michael Faulk
(b) Employees' time shall be paid at the following agreed rates: •
Associate Project Manager $65.00 per hour
CAD Draftsman $55.00 per hour
Clerical $35.00 per hour
(c) Additional Services of Basic Services Consultants (including structural,
mechanical, and electrical 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.
(4) Unless subsequently changed by Supplemental Agreement to this Contract, duly
authorized by City Council Resolution, Architect's total compensation under this
Contract for Basic Services shall not exceed $17,070.00; plus a not -to- exceed amount
of $3,000.00 for approved Reimbursable Expenses. These amounts, totaling
$20,070.00, represent the absolute limit of City's liability to Architect under this
Contract, unless same shall be changed by Supplemental Agreement hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. The Architect's Basic Services consist generally of the phases described
below, and include complete architectural services and complete structural, mechanical, and electrical
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services, and such other services as may be necessary to assist City in the design and construction of
the Project, within the limits City has budgeted 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 City through its
Director of Public Works, and City reserves the right to reject any consultant. Architect shall perform
all work hereunder in a manner satisfactory and acceptable to City, represented by its Director of
Public Works or his designee, hereinafter referred to as "Director." Architect's Final Plans and
Specifications shall include plans and profiles necessary to tie all Project water, sewer and storm
drainage lines into adjacent existing lines and facilities, as authorized and approved by 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 Design Development Phase. Architect shall provide the following design development phase
services:
(1)
(3)
Architect shall prepare Design Development Documents based on the approved
Schematic Design Documents to include adequate Specifications for elements of the
Project for consideration and approval by the Director. Six--(6) Five (5) copies each
of said documents will be submitted for distribution; one (1) copy to thc Texas
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.
a reimbursable expense under Article V of this
Contract. 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 the Director. Any variance in the estimated construction costs
that will adversely affect the established Project Budget will be submitted to the
Director with appropriate comments and recommendations prior to beginning the
Construction Documents Phase.
After approval of the Design Development Documents by the Director, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
thirty-five (35 %) percent of the Basic Fee authorized under Section 6.01.
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2.03 Construction Documents Phase. Architect shall provide the following construction
documents phase services:
(1)
Architect shall prepare from the approved Design Development Documents, for
consideration of and approval by the Director, Construction Documents, which
documents shall set forth in detail the requirements of the entire Project, including the
necessary bidding information. Architect shall assist City in preparation of the
Bidding Forms, shall utilize without modification the 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 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 the Director.
Architect shall file five (5) complete sets of proposed Construction Documents with
the D 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 authorized by the Director for bidding
purposes. Architect shall also file with the 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 Statement of Probable Construction Cost 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 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) After approval of the Construction Documents by the Director, the Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
seventy-five (75 %) percent of the Basic Fee authorized under Section 6.01.
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2.06 Bidding Phase. 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. During the bid process, Architect shall assist city
as follows:
(1)
(2) 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.
(3)
(4)
(5)
Issue and control of documents for bidding.
Preparation of required addenda to Contract Documents.
Tabulation and evaluation of bids received.
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 eighty (80 %) percent of the Architect's Basic Fee
authorized under Section 6.01.
2.07 Construction Phase - Administration of the Construction Contract(s). The Construction
Phase will commence with the award of the 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, as a representative of city, shall advise and consult with the 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.
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(3)
(4) 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 the 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 Document, (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 Document, to minor
deviations from the Contract Documents, correctable prior to Project completion, and
to any specific qualifications stated in the Certificate); and that the Contractor is
entitled to payment in the amount certified.
(5)
Architect shall provide, during construction, adequate and competent on -site
construction observation, periodically visiting the site to the extent necessary to
personally familiarize itself with the progress and quality of the work, and to
determine if the work is proceeding in accordance with the Contract Documents.
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.
Architect shall recommend to City rejection of work which does not conform to the
Contract Documents. Architect shall make recommendations on all claims and
disputes of City or 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.
(6) Architect shall use its best efforts to promptly review and approve or reject shop
drawings, 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 restraints of the Project.
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(
Architect shall prepare Change Orders 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.
(8) Architect shall conduct a professional observation 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 the Director
for city's approval and payment. In addition, Architect shall make a professional
observation of the Project at least thirty (30) days before the expiration of the one (1)
year warranty contained in the Contractor's Performance Bond.
(9)
Architect shall conduct regularly scheduled progress meetings with City, its
Contractor and major subcontractors. Minutes of same shall be prepared by Architect
with copies submitted to City's Director.
(10) 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.
(11) 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.
(12) Upon satisfactory completion of Record Construction Documents, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
one hundred (100 %) percent of the Architect's Basic Fee authorized under 6.01.
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 a 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) 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,
unforeseen circumstances due to hidden or unknown conditions, or codes/ordinances
or other legal requirements which may come into effect during the course of the
Project. If changes are required to be made because of error, oversight, clarification,
discrepancy, or budget overruns in the work of Architect, City shall not be liable to
compensate Architect for Additional Services or expenses in such connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire
or other cause during construction, and furnishing professional services as may be
required in connection with the replacement of such work, unless damage was the
result of Architect's error.
(3)
Providing other extraordinary professional services over and above the Contract
requirements, where required and requested by City, including extraordinary
professional services which might result if the City decides to "fast track" the Project.
ARTICLE III
CITY'S RESPONSIBILI1JES
3.01 Full Information. City shall provide full information regarding its 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 the Architect's
work.
3.03 Survey. City shall furnish, or direct the 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.
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3.04 Tests and Inspections. City shall furnish or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.05 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 the 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 Fom,, 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 is $ 175,000.00. This amount is established as a condition of this Contract, and shall
provide the basis for Architect's design decisions. 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 fixed limit. With City approval, Architect may also include in the Contract Documents
alternate bids to adjust the construction cost to the fixed limit. If the lowest responsible bid is within
the fixed limit of total Budgeted Construction Cost for the Project, or the Architect's latest detailed
estimate of Probable Construction Cost is still less than the fixed limit of total Budgeted Construction
Cost for the Project, established as a condition of this Contract, City shall pay the 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, established as a condition of this Contract, 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, upon notice to proceed from
the Director, with completion within a reasonable period of time, modify the Drawings and
Specifications as necessary to bring the Project cost within the budgeted fixed limit, or within any
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higher fixed limit subsequently authorized by City. The providing of this service shall be the limit of
Architect's responsibility in this regard, and having done so, Architect shall be entitled to its fees in
accordance with this Contract.
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 the Architects, their employees, or their
consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized by the Director in advance. An allowance for Reimbursable Expenses not to
exceed $3,000.00 is established as a condition of this Contract.
5.02 Travel, Telephone, Postage, Reproduction, etc. When authorized in advance by City,
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, approval, and records,
shall be reimbursable.
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 the Architect by
the Texas Department of Licensing and Regulation for review and approval of Design of
Development documents shall be reimbursable.
5.05 Texas Natural Resource Conservation Commission Fees. Any fees charged to the 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
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proportion to the degree of completion of each Phase, but not to exceed the following percentages
of the respective fees at the completion and approval of each Phase of the work:
Basic Services
Design Development Phase
Construction Documents
Bidding Phase
Construction Phase (periodic payments
based on % of construction completed)
35% Basic Fee
75% Basic Fee
80% Basic Fee
100% Basic Fee
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 the 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 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 the 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 the Director, Architect shall comply promptly with such request. In this regard,
should the 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.
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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
tenninate 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
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 the City upon termination of this Contract, and
shall be promptly delivered to City in a reasonably orgpni7ed form. 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 the City to pay for any work
which is unsatisfactory as determined by the Director or which is not submitted in compliance with
the terms of this Contract. The City shall not be required to make any payments to the Architect when
the Architect is in default under this Contract, nor shall this Article constitute a waiver of any right,
at law and at equity, which the City may have if the Architect is in default, including the right to bring
legal action for damages or to force specific performance of this Contract.
ARTICLE IX
OWNERSHIP OF DOCUMENTS
9.01 Document Submittals. All Plans and drawings will be prepared and submitted by Architect to
City for approval on a minimum 24 -inch by 36 -inch or maximum 32 -inch by 42 -inch drafting sheets,
with all lettering processed in ink or pencil and clearly legible when the sheets are reproduced and
reduced to half size.
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9.02 Property of City. City acknowledges Architect's construction documents as instruments of
professional service. Nevertheless, the plans and specifications prepared under this Agreement shall
become the property of City upon completion of the work and payment of all monies due to the
Design Professional, in accordance with the terms of this Agreement. City shall not reuse the plans
and specifications for other than their intended purposes nor make any modification to the plans and
specifications without the prior written authorization of Architect, which authorization shall not be
unreasonably withheld. City agrees, to the fullest extent permitted by law, to indemnify and hold
harmless the Design Professional from any claim, liability or cost arising or allegedly arising out of
any unauthorized reuse or modification of the construction documents by City or any person or entity
that acquires or obtains the plans and specifications from or through City without the written
authorization of Architect.
9.03 Delivery of Documents. Upon completion of the construction of the Project, Architect shall,
within thirty (30) calendar days following receipt of necessary record information from Contractor
or others in connection with the Project, deliver to City the reproducible Record Drawings and
Record Specifications as previously described in Section 2.07(1 1) hereinabove. In addition, Architect
shall submit originals of all documents listed under Section 9.02, modified to actual as built
conditions.
9.04 No Architect's Liability for Changes. Architect shall have no liability for changes made to the
drawings by other architects subsequent to the completion of the Project. Any such change shall be
sealed by the Architect making that change and shall be appropriately marked to reflect what was
changed or modified.
ARTICLE X
GENERAL, SUPPLEMENTARY AND SPECIAL CONDTITONS1
CONTRACT ADMINISTRATION
10.01 General, Supplementary and Special Conditions. The City of Round Rock Supplementary
General Conditions to AIA Document A201, "General Conditions of the Contract for Construction ",
latest edition, are to be used by Architect without modification; however, the 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 the City will be included under the
Special Conditions portion of the Construction Documents.
10.02 Contract Administration. This Contract shall be administered on behalf of the City by its
Director of Public Works, and Architect shall fully comply with any and all instructions from the
Director. Any dispute arising hereunder shall be submitted to the Director, whose decision in the
matter shall be final and binding.
ARTICLE XI
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RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE
11.01 Architect's Responsibility for Work. Approval by the 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 the City for any defect, error or omission in the Designs, Working Drawings, and
Specifications or other documents prepared by Architect, its employees, subcontractors, agents and
consultants.
11.02 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, 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, its 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 the 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 the 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.
11.03 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. Architect will pay
any and all resulting costs, damages and attorney's fees finally awarded, provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims, the City Attorney of City shall be kept
informed of settlement negotiations, and shall execute any settlement agreement
reached by Architect on City's behalf.
(b)
Architect's defense and indemnification under this Section is conditioned on City's
agreement that if any of the designs, plans or specifications, become, or in Architect's
opinion are likely to become, the subject of such a claim, City will permit Architect,
at Architect's option and expense, either to procure the right for City to continue
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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.
(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.
The indemnification and defense provisions as set forth in this Section 11.03 shall not apply
to products or materials which City has required that Architect include in any of the Designs, Plans
and Specifications, or which are substituted by Contractor or any of his subcontractors during the
Construction Phase of the Contract.
11.04 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 $ 100,000.00, from a company
authorized to do insurance business in Texas and otherwise acceptable to City.
11.05 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 teen of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 11.04 above, including the required provisions and additional policy
conditions as shown below in Section 11.06. 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.
11.06 Insurance Policy Endorsements. Each insurance policy under paragraph 11.04 shall include
the following conditions by endorsement to the policy:
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(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:
(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)
(5)
Robert L. Bennett, Jr., City Manager
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.
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.
Architect and City waive subrogation rights each may have against the other
for loss or damage, to the extent same is covered by the proceeds of insurance.
11.07 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 XII
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC.
12.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall
exercise usual and customary professional care in efforts to 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.
12.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services
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performed hereunder. The City is qualified for exemption pursuant to the provisions of Section
151.309 of the Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE XIII
TERM
13.01 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.
13.02 Project Performance Schedule. Architect understands that the Project Performance Schedule
is of critical importance, and agrees to undertake all necessary efforts to expedite the performance
of services required herein, so that construction of the Project will be commenced as scheduled. In
this regard, Architect shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish all services required under this Contract in the highest professional
manner.
ARTICLE XIV
FINANCIAL INTEREST PROHIBITED; CONFIDENTIALITY
14.01 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.
14.02 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 the City's Director.
ARTICLE XV
GENERAL PROVISIONS
15.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that
any failure of the 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. The Architect shall
be fully responsible for its delays or for failures to use its best efforts in accordance with the terms
of this Contract. Where damage is caused to the City due to the Architect's failure to perform in these
circumstances, the 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.
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15.02 Force Majeure. Neither City nor Architect shall be deemed in violation of this Contract if it
is prevented from perforating 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.
15.03 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 the City's
Director.
15.04 Amendments. This Contract, representing the entire agreement between the parties, may be
amended or supplemented by mutual agreement of the parties hereto in writing.
15.05 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
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.
15.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
Jim Nuse
Director of Public Works
221 East Main Street
Round Rock, Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
J. Michael Faulk, Architects
8905 Joachim Lane
Austin, Texas 78717
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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 and Austin
Architecture + Plus, Inc., Architects, signing by and through its duly authorized representatives,
thereby binding the parties hereto, their successors, assigns and representatives for the faithful and
full performance of the terms and provisions of this Contract.
CITY OF ROUND ROCK
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R.. -rt A. Stluka, Mayor
J. MICHAEL FAULK, ARCHITECTS
B
J. Michael Faulk
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN,
TEXAS 78711 -2337 OR333 GUADALUPE, SUITE 2 -350, AUSTIN, TEXAS 78701 - 3942,(512)
305 -9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE
ARCHITECTS' REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a.
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PUBLIC WORKS ANNEX
DATE: August 4, 2000
SUBJECT: City Council Meeting — August 10, 2000
ITEM: 10.B.3. Consider a resolution authorizing the Mayor to execute an
architect's contract with J. Michael Faulk Architects for the design
of the remodel of Public Works Annex and design of storage at the
Public Works site on Enterprise Drive. The architect's basic services
include the services of the professional consultants engaged for
complete architectural services and complete structural, mechanical
and electrical engineering services. The maximum base fee will not
exceed $17,070 and reimbursable fees will not exceed $3,000, which
brings a total cost of the project to $20,070. Staff Resource Person:
Jim Nuse, Public Works Director.
October 3, 2000
Mr. J. Michael Faulk
J. Michael Faulk, Architects
8905 Joachim Lane
Austin, TX 78717
Dear Mr. Faulk:
The Round Rock City Council approved Resolution No. R- 00- 08- 10 -10B3 at their
regularly scheduled meeting on August 10, 2000. This resolution approves the agreement
for architectural services for the design of the remodel of the Public Works Annex and
design of storage at the Public Works site on Enterprise Drive.
Enclosed is a copy of the resolution and original agreement for your files. If you have
any questions, please do not hesitate to contact Jim Nuse at 218 -5555.
Sincerely,
Christine Martinez
Assistant City Secretary
Enclosures