R-00-10-26-13C1 - 10/26/2000LAND, City Secretary
K.\ WPDOCS \RESOL&TI \R01026C1.NPD /sc
RESOLUTION NO. R- 00- 10- 26 -13C1
WHEREAS, the City of Round Rock desires to retain architectural
services for the preparation of plans and specifications for the design
of The Chisholm Trail Crossing, and
WHEREAS, Hall /Bargainer, Inc. has submitted an Abbreviated
Standard Form of Agreement Between Owner and Architect ( "Agreement ") to
provide said services, and
WHEREAS, the City Council desires to enter into said Agreement
with Hall /Bargainer, 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 Abbreviated Standard Form of Agreement Between
Owner and Architect ( "Agreement ") with Hall /Bargainer, Inc., for
architectural services for the preparation of plans and specifications
for the design of The Chisholm Trail Crossing, 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 26th day of Oc ..er, 2100 /
41 R.'' A. STLUKA, JR. , ayor
City of Round Rock, Texas
Abbreviated Standard Form of Agreement
Between Owner and Architect
AIA Document B151 -1997
1997 Edition - Electronic Format
This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION
OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT 10401,
This document has been approved and endorsed by the American Subcontractors Association and the Associated Specialty Contractors, Inc.
Copyright 1974, 1978, 1987, 01997 by The American Institute of Architects. Reproduction of the material 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.
AGREEMENT made as of the 26th day of October in the year 2000
(In words, indicate day, month and year)
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
City of Round Rock
221 E. Main Street
Round Rock, TX 78664
and the Architect:
(Name, address and other information)
Hall/Bargainer, Inc.
400 West Main Suite 220
Round Rock, TX 78664
For the following Project:
(Include detailed description of Project, location and address)
Chisholm Trail Crossing - Development of Bronze Statues replicating a cattle drive located on the Northwest corner of Chisholm
Trail and FM 620. The Owner'sprogram is to provide a nark -like setting with parking and landscaping inated into the replicated
cattle drive similar to the master plan, Phase 1, depicted on Attachment "B ". The revised master plan will take into consideration the
expansion of the ROW for FM 620.
The Owner and Architect agree as follows.
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
1.1 The services performed by the Architect, Architect'semployees and Architect's consultants shall be as enumerated in Articles
2,3 and 12.
1.2 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 may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for
the Owner'sreview and for approval of submissions by authorities having jurisdiction 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.
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT 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 B151 -1997
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1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project.
1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1.
ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in
Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall
arrive at a mutual understanding of such requirements with the Owner.
2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget
requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1.
2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project.
2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare,
for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or
similar conceptual estimating techniques.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program,
schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents
consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate.
2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the
Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner,
Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of
the Project.
2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the
Conditions of the Contract, and the form of Agreement between the Owner and Contractor.
2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost
indicated by changes in requirements or general market conditions.
2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the
approval of governmental authorities having jurisdiction over the Project.
2.5 BIDDING OR NEGOTIATION PHASE
The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of
Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts
for construction.
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT 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 B151 -1997
User Document: CHISHOLMTR.DOC -- 10/19/2000. AIA License Number 113447, which expires on 7/8/2001 -- Page #2
2.6 CONSTRUCTION PHASED -- ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences
with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final
Certificate for Payment or 60 days after the date of Substantial Completion of the Work.
2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA
Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise
provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents,
shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing
by the Architect.
2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted,
modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will
not be unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the
Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this
Agreement unless otherwise modified by written amendment.
2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's
operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to
keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the
Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner
indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall
not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect
shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor'srights and
responsibilities under the Contract Documents.
2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent
construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to
perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the
Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or
omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions
of the Work.
2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the
Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the
Contract Documents. Communications by and with the Architect's consultants shall be through the Architect.
2.6.9 CERTIFICATES FOR PAYMENT
2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts.
2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's
evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment,
that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the
quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation
of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and
inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific
qualifications expressed by the Architect.
2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or
AIA DOCUMENT 8151- ABBREVIATED OWNER - ARCHITECT 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 percussion of the AIA and can be reproduced without violation
until the date of expiration as noted below.
Electronic Format B151 -1997
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continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and
other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what propose
the Contractor has used money previously paid on account of the Contract Sum.
2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the
Architect considers it necessary or advisable, the Architect shall 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 the Architect nor a decision made in good faith either to exercise or not to exercise such
authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons or entities performing portions of the Work.
2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness
as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient
time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the
purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating
instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as
required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless
otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are
specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and
design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by
the design professional retained by the Contractor shall bear such professional'swritten approval when submitted to the Architect.
The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals
performed by such design professionals.
2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and
data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution
in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the
Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents.
2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final
completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties
and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate
for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents.
2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and
requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect'sresponse to such
requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness.
2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the
Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions,
the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and
shall not be liable for results of interpretations or decisions so rendered in good faith.
2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and
Contractor as provided in the Contract Documents. However, the Architect'sdecisions on matters relating to aesthetic effect shall
be final if consistent with the intent expressed in the Contract Documents.
2.6.18 The Architect'sdecisions on claims, disputes or other matters in question between the Owner and Contractor, except for
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT 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 B151 -1997
User Document: CHISHOLMTR.DOC -- 10/19/2000. AIA License Number 113447, which expires on 7/8/2001 -- Page #4
those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in
this Agreement and in the Contract Documents.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they
shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services
described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services
described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's
control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described
under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in
writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide
those services.
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall
provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be
compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project
Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless
otherwise agreed.
3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further
protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not
modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making revisions in drawings, specifications or other documents when such revisions are:
.1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by
adjustments in the Owner's program or Project budget;
.2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such
documents; or
.3 due to changes required as a result of the Owner's failure to render decisions in a timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality,
complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services
required under Subparagraph 5.2.5.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals,
and providing other services in connection with Change Orders and Construction Change Directives,
3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent
revisions to Drawings, Specifications and other documentation resulting therefrom.
3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and
furnishing services required in connection with the replacement of such Work.
3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the
Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.
AIA DOCUMENT BI51- ABBREVIATED OWNER - ARCHITECT 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 B151 -1997
User Document: CHISHOLMTR.DOC -- 10/19/2000. AIA License Number 113447, which expires on 7/8/2001 -- Page #5
3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with
the Work.
3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except
where the Architect is party thereto.
3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding,
negotiation or construction prior to the completion of the Construction Documents Phase.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project.
3.4.2 Providing financial feasibility or other special studies.
3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or
others having jurisdiction over the Project.
3.4.5 Providing services relative to future facilities, systems and equipment.
3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof.
3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner.
3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and
coordination of services required in connection with construction performed and equipment supplied by the Owner.
3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner.
3.4.10 Providing detailed estimates of Construction Cost.
3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.12 Providing analyses of owning and operating costs.
3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or
installation of furniture, furnishings and related equipment.
3.4.14 Providing services for planning tenant or rental spaces.
3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities.
3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction
based on marked -up prints, drawings and other data furnished by the Contractor to the Architect.
3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of
operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation.
3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final
Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work.
AIA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT 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 B151 -1997
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3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions
of the Project provided as a part of Basic Services.
3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with
generally accepted architectural practice.
ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project,
including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space
requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall
furnish 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.
4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the
Owner's other costs and reasonable contingencies related to all of these costs.
4.3 The Owner shall designate a representative authorized to act on the Owner'sbehalf with respect to the Project. The Owner or
such 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.
4.4 The Owner shall fumish surveys to describe physical characteristics, legal limitations and utility locations for the site of the
Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines
of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with
respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to
a Project benchmark.
4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such
services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests,
evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating
subsoil conditions, with reports and appropriate recommendations.
4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are
requested by the Architect and are reasonably required by the scope of the Project.
4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous
materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet
the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's
Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the
Owner.
4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof.
4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the
Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
ARTICLE 5 CONSTRUCTION COST
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT 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.
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User Document: CHISHOLMTR.DOC -- 10/19 /2000. AIA License Number 113447, which expires on 7/8/2001 -- Page #7
5.1 DEFINITION
5.1.1 The Construction Cost 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.
5.1.2 The Construction Cost shall include the cost at 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 a reasonable allowance
for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the Work.
5.1.3 Construction Cost 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 as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of
Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the
construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or
negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
Architect.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or
establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such
a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price
escalation, to determine what materials, equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents
alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the
amount of an increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction
Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general
level of prices in the construction industry.
5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide
bid or negotiated proposal, the Owner shall:
.1 give written approval of an increase in such fixed limit;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Paragraph 8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the
documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established
as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the
Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this
Agreement for all services performed whether or not the Construction Phase is commenced.
ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE
6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the
AIA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT 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
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Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's
consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license 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 nonexclusive licenses from the Architect'sconsultants consistent with this Agreement. Any termination of this Agreement
prior to completion of the Project shall terminate this License. Upon such termination, the Owner shall refrain from making further
reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and
reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement,
the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner 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 purposes of completing, using and maintaining the Project.
6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this
Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another
party without the prior written agreement of the Architect. 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 by license granted in Paragraph 6.2. Submission or distribution
of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to
be construed as publication in derogation of the reserved rights of the Architect and the Architect'sconsultants. The Owner shall
not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains
the prior written agreement of the Architect and the Architect's consultants. 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.
6.4 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
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
ARTICLE 7 DISPUTE RESOLUTION
7.1 MEDIATION
7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation
If such matter relates to
or is the subject of a lien arising out of 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
The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation
Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other
party to this Agreement a ^a .....t, •ti^ A... .. — .^°— A_ .. _ m, -
nt+oriritrn.arrh.w�wtr� mediation shall proceed in advance of erliimitirwr 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.
7.1.3 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.
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MA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT 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
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arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Indus . : tion
Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed • rting with the
other party to this Agreement and with the American Arbitration Association.
7.2.3 A demand for arbitration shall be made within a reasonable time after the clai r . .ute or other matter in question has
arisen. In no event shall the demand for arbitration be made after the date when i. ' . ton of legal or equitable proceedings based
on such claim, dispute or other matter in question would be barred by the . • a ale statute of limitations.
7.2.4 No arbitration arising out of or relating to this - ent shall include, by consolidation or joinder or in any other
manner, an additional person or entity not a party t. • . greement, except by written consent containing a specific reference to
this Agreement and signed by the Owner, t, and any other person or entity sought to be joined. Consent to arbitration
involving an additional person or ent i -t not constitute consent to arbitration of any claim, dispute or other matter in question
not described in the written - t or with a person or entity not named or described therein. The foregoing agreement to
arbitrate and other agre - • - to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall
be specifically e •ble in accordance with applicable law in any court having jurisdiction thereof.
7 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance
7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating
to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's
termination in accordance with Article 8.
ARTICLE 8 TERMINATION OR SUSPENSION
8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered
substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of
services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give
seven 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 sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services.
The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services
performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses
incurred in the interruption and resumption of the Architect'sservices. The Architect'sfees for the remaining services and the time
schedules shall be equitably adjusted.
8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may
terminate this Agreement by giving not less than seven days' written notice.
8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail
substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.
8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the
Owner's convenience and without cause.
8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to
termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7.
8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly
AIA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT 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
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attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated
profit on the value of the services not performed by the Architect.
ARTICLE 9 MISCELLANEOUS PROVISIONS State of Texas
9.1 This Agreement shall be governed by the law of the Ninsipriviessieseinshisopunless otherwise provided in
Article 12. Venue shall lie in Williamson County, Texas.
9.2 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, current as of the date of this Agreement.
9.3 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.
9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights
against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as
they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the
Contract for Construction, current as of the date of this Agreement. 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.
9.5 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'srights and obligations under this Agreement. The Architect shall execute all consents
reasonably required to facilitate such assignment.
9.6 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.
9.7 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.
9.8 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.
9.9 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'spromotional materials
for the Project.
9.10 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.
AIA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT 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 win subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation
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ARTICLE 10 PAYMENTS TO THE ARCHITECT
10.1 DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of
the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other
statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
10.2 REIMBURSABLE EXPENSES
10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses
incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following
Clauses:
.1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic
communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock -ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional
insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the
Architect's consultants;
.7 reimbursable expenses as designated in Article 12;
.8 other similar direct Project- related expenditures.
10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement.
10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services
performed within each phase of service, on the basis set forth in Subparagraph 11.2.2.
10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended
through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed
in the manner set forth in Subparagraph 11.3.2.
10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or
otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on
those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or
negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the Project.
10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon
presentation of the Architect's statement of services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
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.
AIA DOCUMENT B151- ABBREVIATED OWNER- ARCHITECT AGREEMENT - 1997 EDI77ON - 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
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10.6 ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly
rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at
mutually convenient times.
ARTICLE 11 BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1 An Initial Payment of zero Dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the
Owner's account at final payment.
11.2 BASIC COMPENSATION
11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services,
Basic Compensation shall be computed as follows:
(Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if
necessary.)
Compensation shall be a lump sum amount of Fifteen Thousand Dollars ($15.000.001.
11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic
Services in each phase shall total the following percentages of the total Basic Compensation payable:
(Insert additional phases as appropriate.)
Schematic Design Phase: five percent ( 5 %)
Design Development Phase: twenty percent ( 20 %)
Construction Documents Phase: forty -five percent ( 45 %)
Bidding or Negotiation Phase: five percent (5 %)
Construction Phase: twentv - fivepercent ( 25 90)
Total Basic Compensation: one hundred percent (100%)
11.3 COMPENSATION FOR ADDITIONAL SERVICES
11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, compensation shall be
computed as follows:
per the attached Hourly Rate Schedule Attachment "A" or a lump sum will be provided based on the defined scope of work.
11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project
Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding
services of consultants, compensation shall be computed as follows:
(Insert basis of compensat ion, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify
employees, if required Identify specific services to which particular methods of compensation apply, if necessary.)
11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services
and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of ( ) times
the amounts billed to the Architect for such services.
(Identify specific types of consultants in Article 12, if required.)
11.4 REIMBURSABLE EXPENSES
For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable
Expenses, a multiple of ( 1.05 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly
related to the Project.
11.5 ADDITIONAL PROVISIONS
11.5.1 If the Basic Services covered by this Agreement have not been completed within eighteen (18 ) months of the date
hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT 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
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time to time at the principal place of business of the Architect
(Insert rate of interest agreed upon.)
twelve percent (12%) per annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project 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 disclosures or waivers.)
11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review
practices of the Architect.
ARTICLE 12 OTHER CONDITIONS OR SERVICES
(Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation
terms included in this Agreement.)
1. The site plan will take into consideration the adjusted ROW for the bridge and expansion of FM 620 over the railroad tracks.
2. The Owner shall indemnify the Architect and his consultants from any and all potential claims.
3. The Owner shall bear all responsibility for potential existing hazardous materials on the site.
4. The Owner is responsible for all special permits. outside of City permits, that may be reouired in the process of satisfying this
scope of work for Phase 1 - for example: TNRCC Army Corp of Engineers, US Fish and Wildlife Environmental Protection
Agency, FEMA, etc.
5. The Owner is responsible for any Environmental Assessment reports.
6. If required, the Owner is responsible for the WPAP permit issued by TNRCC.
7. The project design assumes that storm water detention and water quality will not be required. Design for such shall be an
additional service.
8. The proiect design assumes that toilet facilities will not be required.
9. The final design will be reviewed and approved by PARD and Public Works for site development prior to construction.
10. - The Architect shall be responsible for submitting the plans for accessibility compliance with the Texas Accessibility
Standards (TAS). The Owner is responsible for all fees required for review and inspection.
11. The Owner is responsible for providing sufficient geotechnical soil analysis information for this site. The cost of this report
is not included in this agreement.
12. The physical parameters of the property shall be based on the Carter & Burgess, Inc. survey dated 3/24/99 with the exception
of the additional ROW for FM 620 not currently shown on the certified survey. A revised survey shall be considered an
additional service.
13. Civil Engineeering and Structural Engineering services are excluded from this contract.
14. Where the term "Architect" is used it should be relaced with the term "Landscpe Architect ".
eement entered into as of the day and year first written above.
This A: p
(Signature) TE (Signature)
POa6,2T f? • 57me, ,TEE'
(Primed name and title)
m1 yo,
i CKAV
T P-Aut . f-{at.N — ft:e irs-it
(Printed name and title)
AIA DOCUMENT B151- ABBREVIATED OWNER - ARCHITECT AGREEMENT - 1997 EDTIION - 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
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Hourly Rate Schedule
HALLBARGAINER
Principal Landscape Architect $90.00
Project Landscape Architect $75.00
Staff Landscape Architect $60.00
SUB - CONSULTANT
Unit Manager $125.00
Senior Project Manager /Architect $115.00
Senior Project Manager/Landscape Architect $90.00
Project Manager $55.00
Interior Designer/Draftsperson $38.00
Administrative /Clerical $33.00
ATTACHMENT "A"
•
s
f�
V
Attachment "B"
DATE: October 18, 2000
SUBJECT: City Council Meeting — October 20, 2000
ITEM: 13.C.1. Consider a resolution authorizing the Mayor to execute an
Abbreviated Standard Form of Agreement Between Owner and
Architect with Hall/Bargainer, Inc. for the preparation of plans
and specifications for the Chisholm Trail Crossing. The contract
amount is $15,000.00. The Chisholm Trail Crossing Project is a
joint venture between the City and the Chamber of Commerce. The
City is responsible for the purchase of the land and will develop the
site. The Chamber's contribution is to raise funds to pay for the
statues depicting a Chisholm Trail Cattle Drive. Construction of
the site is funded through a 1998 Budget Revision- Capital
Spending Plan.
Mayor
Robert A. Bunko, Jr.
Mayor Prot,,
Ear1M. Hairston
Council Members
- Tom Nielson
Carrie Pitt
Earl Palmer
Isabel Callahan
Rosary Joseph
Qty Manager
Robert L Bennett, k
City Attorney
Stephan L Sheets
CITY OF ROUND ROCK
December 5, 2000
Mr. Ty Wayne Hall
Hall/Bargainer, Inc.
400 West Main, Suite 220
Round Rock, TX 78664
Dear
The Round Rock City Council approved Resolution No. R- 00- 10- 26 -13C1 at their
regularly scheduled meeting on October 26, 2000. This resolution approves the
agreement with Hall/Bargainer, Inc. for architectural services for the design of The
Chisholm Trail Crossing.
Enclosed is a copy of the resolution and agreement for your files. If you have any
questions, please do not hesitate to contact Sharon Prete at 218 -5540.
Sincerely,
Joanne Land
City Secretary
Enclosures
Fax: 512 -218 -7097 1. 800 - 735 -2989 TDD
www.ci.rouad- mck -tx.us
221 East Main Street
Round Rock, Texas 78664
512 - 218 -5400
1- 800 -735 -2988 Voice