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R-02-03-14-13D5 - 3/14/2002RESOLUTION NO. R- 02- 03- 14 -13D5 WHEREAS, the City of Round Rock has previously entered into an Agreement for Architectural Services, together with Supplemental Agreement No. 1, Supplemental Agreement No. 2, and Supplemental Agreement No. 3, (collectively referred to as "Agreement "), with Austin Architecture Plus, Inc. for design services relating to the Municipal Office Complex ( "MOC ") site, and WHEREAS, Austin Architecture Plus, Inc. has submitted an additional services proposal as set forth in Supplemental Agreement No. 4 to the Agreement to include design services related to possible realignment of the McConico Building on the site, and WHEREAS, the City Council desires to approve said Supplemental Agreement No. 4 with Austin Architecture Plus, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 4 to the Agreement with Austin Architecture Plus, Inc. to include said design services related to possible realignment of the McConico Building, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the :O171.1A \WOALOOX \0: \WOO % \RESOLUTI \x2031405. WPO /j kg public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 14th day of March, 2002. • CHRISTINE R. MARTINEZ, City Secreta 2 ;fin �� /%'/. R02 111-P' O= A. STLUKA, JR., Mayor �l City of Round Rock, Texas SUPPLEMENTAL AGREEMENT NO. 4 THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This document is entitled Supplemental Agreement No. 4, and it supplements Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA Document B141 -1997, Supplementary Agreement No. 1, Supplementary Agreement No. 2, and Supplemental Agreement No. 3 for the following Project: Complete professional planning, architectural, design, landscaping and civil /structural/mechanical /electrical engineering services related to the following: I_ Masterplan City Campus and District; II. Parks and Recreation/Municipal Courts Building and Site, including administration of the construction contract; III. Infrastructure Improvements; and IV. Parking Garage Project, all as are more specifically identified and described in the accompanying AIA Document B141-1997, Supplementary Agreement No. 1, Supplementary Agreement No. 2, and Supplemental Agreement No. 3. This Supplemental Agreement No. 4 is made and entered into as of the day of March, 2002, and is by and between the same parties, those being the CITY OF ROUND ROCK, a home rule municipal corporation of Williamson County, Texas (hereinafter referred to as "City" and/or "Owner") and ARCHITECTURE + PLUS, with offices located at 1907 North Lamar, Suite 260, Austin, Travis County, Texas, 78705 (hereinafter referred to as "Architect "). WHEREAS, City intends to design the facilities described on the attached Exhibit "A" at a total budgeted cost as recited in the Agreement and in previous supplemental agreements. Architect's services are desired under this Supplemental Agreement No. 4 for purposes including but not limited to performing or causing to be performed design services and production of necessary documents related to possible realignment/relocation /reorientation of the McConico Building on the site. Total compensation for Architect's services under this Supplemental Agreement No. 4 shall not exceed the following: 0:WonSCURR1pPmvxduM0033912 WPWjkg WITNESSETH: EXHIBIT Design for reorientation for McConico Building - architect's services for possible realignment /relocation/reorientation of the McConico Building on the site, total compensation not to exceed $19,450.00, which includes all allowances for Reimbursable Expenses. WHEREAS, City desires to contract with Architect for provision of the above - described additional services in connection with design and construction of the McConico Building, all as previously and hereinafter stipulated and within the limits the City has budgeted or will budget therefor, and WHEREAS, Architect has agreed to provide such professional services for the compensation delineated herein; NOW, THEREFORE, City and Architect, in consideration of the terms covenants and conditions contained in the Agreement this document supplements and herein, do hereby contract as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship with the City, shall perform all professional services for the Project as set forth in this Contract. 1.02 Compensation. City shall compensate Architect in accordance with theterms and conditions of this Contract as follows: (1) Design for reorientation of McConico Building Architectural $ 3,850.00 Civil $ 8,300.00 Landscape (Allowance) $ 5,000.00 Structural $ 500.00 MEP $ 1,800.00 Total $19,450.00 TOTAL SERVICES FOR ABOVE $19,450.00 (2) Unless subsequently changed by additional Supplemental Agreement to this Contract, duly authorized by City Council Resolution, Architect's total compensation under this contract shall not exceed $19,450.00 including any Reimbursable Expenses. These amounts, totaling $19,450.00, represent the absolute limit of City's liability to Architect under this contract, unless same shall be changed by additional Supplemental Agreement hereto. 2 (3) The times and further conditions of payment shall be as described in Article IV hereof. ARTICLE H ARCHITECT'S SERVICES 2.01 Basic Services. The Architect's Basic Services consist generally of the services described below, and include such other services as may be necessary to assist the City in procuring the design services and production of necessary documents related to a possible realignment/ relocation/reorientation ofthe McConico Building on the site, within the limits the City has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Contract for all purposes. Architect agrees that upon execution of this Contract, it will submit to City within ten (10) days a list of all additional consultants it intends to utilize, not previously identified, delineating their respective tasks. All of Architect's consultants shall be subject to the approval of the 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 the City, represented by its Director of Public Works or his designee, hereinafter referred to as "Director." A Performance Schedule shall be agreed to by Architect and Director, and Architect agrees to use its best efforts to complete all services hereunder in accordance with such Performance Schedule. All services shall be performed to the highest professional standard. Architect shall provide, during performance of such design services, adequate and competent on -site observation, periodically visiting the site to the extent necessary to personally familiarize himself with the progress and quality of the work, and to determine if the work is proceeding in accordance with the Contract Documents. Architect's site observations may be conducted with Owner's designated representative to check conformance of the work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected. Field Reports of each visit shall be prepared by Architect and submitted to City. Architect shall employ all reasonable measures to safeguard City against defects and deficiencies in the work of the Contractor. Architect shall not be responsible for the construction means, methods, techniques, sequences ofprocedures, nor for the safety precautions and programs employed in connection with the work. However, Architect will immediately inform the 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. Based on such observations at the site and on the Contractor's Application and Certificate for Payment, Architect shall determine 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 3 work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning whole upon substantial completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to Project completion, and to any specific qualifications stated in the Certificate); and that the Contractor is entitled to payment in the amount certified. 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 the Contractor relating to execution and progress of the work or interpretation of the Contract Documents, based upon such review and analysis by Architect as is reasonably required. In the event of litigation, where Architect is named as an additional party with City, such assistance will include the availability of knowledgeable witnesses in the employ of Architect for expert testimony. 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 Director for City's approval and payment. Architect shall have authority to order minor changes in the work, consistent with the Contract Documents, and not involving an adjustment in the Contractor's price or an extension of the Project Schedule. Such changes shall be accomplished by Field Order. In addition, Architect may issue written Field Orders interpreting the Plans and Specifications, with copies submitted to City. 2.02 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 the 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 the Director in advance oftheirperformance, 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 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. 4 ARTICLE III CITY'S RESPONSIBILITIES 3.01 Full information. City shall provide full information regarding requirements for the Project. 3.02 Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work. 3.03 Survey. City shall fumish, or direct Architect to obtain at City's expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or adjacent to the site, other improvements and trees; and full information as to available service and utility lines, both public and private, and test borings, pits, reports and soil bearing values and other necessary operations for determining subsoil conditions. 3.04 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil mechanics, and other laboratory tests, reports and inspections as required by law or the Contract Documents. ARTICLE IV PAYMENTS TO THE ARCHITECT 4.01 Basic Services. Payments hereunder shall not to exceed the following: Basic Services $19,450.00 4.02 Deductions. No deductions shall be made from Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors. 4.03 Additions. No additions shall be made to Architect's compensation based upon Project construction claims, whether paid by City or denied. 4.04 Abandonment. If any work designed or specified by Architect during any phase or subphase is abandoned or suspended, in whole or in part, Architect is to be paid for the services performed on account of it prior to receipt of written notice from City through its Director of such abandonment or suspension. 4.05 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 the Director. Such invoices shall conform to the schedule of services and costs in connection therewith. 5 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. 4.06 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. 4.07 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 V ARCHITECT'S ACCOUNTING RECORDS 5.01 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 VI TERMINATION AND DEFAULT 6.01 Termination. In connection with the work outlined in this Contract, it is agreed and fully understood by Architect that the Director may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause or for the convenience of City, upon fifteen (15) days written notice to Architect, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Architect shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Contract, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information. 6.02 Default. Nothing contained in Section 6.01 above shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with 6 the terms of this Contract. City shall not be required to make any payments to Architect when Architect is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Architect is in default, including the right to bring legal action for damages or to force specific performance of this Contract. ARTICLE VII GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS; CONTRACT ADMINISTRATION 7.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary General Conditions to AIA Document A201, "General Conditions of the Contract for Construction ", are to be used by Architect without modification; however, City may, upon prior consultation, approve of any changes that may be necessary for specific cases or instances. Any special conditions pertaining to the Project that are approved by City will be included under the Special Conditions portion of the Construction Documents. 7.02 Contract Administration. This Contract shall be administered on behalf of 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 VIII RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE 8.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, subcontractors, agents and consultants for the accuracy and competency of their Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Architect, his employees, subcontractors, agents and consultants. 8.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Architect's breach of any of the terms or provisions of this Contract, or by any negligent act or omission of Architect, his officers, agents, associates, employees or subconsultants, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the 7 laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8.03 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 attomey's fees finally awarded, provided that: (1) City promptly notifies Architect in writing of the claim; and (2) Architect has sole control of the defense and all related settlement negotiations. (3) (a) If Architect defends City against such claims, the City Attomey of City shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Architect on City's behalf. (b) Architect's defense and indemnification under this section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Architect's opinion are likely to become, the subject of such a claim, City will permit Architect, at Architect's option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non - infringing; and if neither of the foregoing alternatives is available on terms which are reasonable in Architect's judgment, City, to the extent City is legally able to do so, will cease using the designs, plans or specifications on written request of Architect, in which instance City has the sole option to either require Architect to perform new design work at Architect's sole expense, or to terminate this Contract. (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 8.03 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. 8 8.04 Insurance. Architect, at Architect's sole cost, shall purchase and maintain during the term of this Contract the minimum insurance coverage in the amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. 8.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Architect, Architect shall require each subconsultant performing work under this Contract to maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Section 8.04 above, including the required provisions and additional policy conditions as shown below in Section 8.06. As an altemative, 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. 8.06 Insurance Policy Endorsements. Each insurance policy under paragraph 8.04 shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: (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) Robert L. Bennett, Jr., AICP City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Architect shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. The Tenn "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. 9 (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Architect and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. 8.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Architect shall be bome solely by Architect, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. ARTICLE IX COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES. ETC. 9.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by all local, State and National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 9.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. 10.02 Project Performance Schedule. (1) ARTICLE X TERM 10.01 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 architecturaUengineering and construction administration services in connection therewith, including the final one (1) yearwarrantyinspection, and resolution of any outstanding Project - related claims or disputes. Time of completion of the services referenced herein shall be approximately fourteen (14) calendar days following notice to proceed, but in no event shall exceed ninety (90) calendar days following notice to proceed. (2) 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 10 and consultants necessary to fully and timely accomplish all services required under this Contract in the highest professional manner. ARTICLE XI FINANCIAL INTEREST PROHIBITED. CONFIDENTIALITY 11.01 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. 11.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other documentation and work developed by Architect hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of City's Director. ARTICLE XII GENERAL PROVISIONS 12.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that any failure of Architect to complete the services for each phase of this Contract within the agreed Project Performance Schedule will constitute a material breach of this Contract. Architect shall be fully responsible for its delays or for failures to use his best efforts in accordance with the terms of this Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances, City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any of City's additional legal rights or remedies. 12.02 Force Majeure. Neither City nor Architect shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 12.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Contract. Architect shall not assign, sublet or transfer any interest in this Contract without prior written authorization of City's Director. 12.04 Amendments. This Contract, representing the entire agreement between the parties, may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12.05 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 govemed by and construed in accordance with the laws and court decisions of the State of Texas. 11 12.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as follows: Robert L. Bennett, Jr., AICP City Manager, City of Round Rock 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: Mac Ragsdale, AIA Project Principal Architecture + Plus 1907 North Lamar, Suite 260 Austin, Texas 78705 IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No. approved by the City Council on , and Architecture +Plus, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract. ATTEST: CITY OF ROUND ROCK, TEXAS By: Christine R. Martinez, City Secretary Robert A. Stluka, Jr., Mayor AUSTIN ARCHITECTURE PLUS, INC. By: Mac Ragsdale, AIA, Principal THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS 78711 -2337 OR 333 GUADALUPE, SUITE 2 -350, AUSTIN, TEXAS 78701 -3942, TELEPHONE (512) 305 -9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS' REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a. 12 Senior Center & Parking Structure Relocation of McConico Building A Municipal Office Campus S:\GRAPHICSICOUNCIL AGENDA ITEMS\ ENGINEERING\MCCONICO BUILDING\MCCONICO BUQAING.APR RLR 5.2401 DATE: March 8, 2002 SUBJECT: City Council Meeting — March 14, 2002 ITEM: 13.D.5. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the architectural services agreement with Austin Architecture Plus, Inc. for additional design services related to the possible realignment of the McConico Building at the Municipal Office Complex. Resource: Jim Nuse, Director of Public Works Larry Madsen, Project Manager History: The McConico building contract has been awarded to Raymond Construction Co. The City has reviewed the Master Plan for the MOC site and upon this review, is suggesting a change in the location of the building in relation to alignment with the street. Funding: Cost: $19,450.00 Source of funds: CO Outside Resources: Architecture Plus Impact/Benefrt: Improvement of Master plan and allowing the consideration of the Senior Citizen Center to be located at the site. Public Comment: N/A Sponsor: N/A SUPPLEMENTAL AGREEMENT NO. 4 THE STATE OF TEXAS § CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § This document is entitled Supplemental Agreement No. 4, and it supplements Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, AIA Document B141 -1997, Supplementary Agreement No. 1, Supplementary Agreement No. 2, and Supplemental Agreement No. 3 for the following Project: Complete professional planning, architectural, design, landscaping and civil /structural /mechanical /electrical engineering services related to the following: I. Masterplan City Campus and District; II. Parks and Recreation/Municipal Courts Building and Site, including administration of the construction contract; III. Infrastructure Improvements; and IV. Parking Garage Project, WITNESSETH: WHEREAS, City intends to design the facilities described on the attached Exhibit "A" at a total budgeted cost as recited in the Agreement and in previous supplemental agreements. Architect's services are desired under this Supplemental Agreement No. 4 for purposes including but not limited to performing or causing to be performed design services and production of necessary documents related to possible realignment /relocation/reorientation of the McConico Building on the site. Total compensation for Architect's services under this Supplemental Agreement No. 4 shall not exceed the following: all as are more specifically identified and described in the accompanying AIA Document B141-1997, Supplementary Agreement No. 1, Supplementary Agreement No. 2, and Supplemental Agreement No. 3. `` U This Supplemental Agreement No. 4 is made and entered into as of the 1 1 day of March, 2002, and is by and between the same parties, those being the CITY OF ROUND ROCK, a home rule municipal corporation of Williamson County, Texas (hereinafter referred to as "City" and/or "Owner ") and ARCHITECTURE + PLUS, with offices located at 1907 North Lamar, Suite 260, Austin, Travis County, Texas, 78705 (hereinafter referred to as "Architect "). ¢v..m.TORItg,nm .mnoun4 2 WPDi�k, rORE� ,SAL, Design for reorientation for McConico Building - architect's services for possible realignment/relocation /reorientation of the McConico Building on the site, total compensation not to exceed $19,450.00, which includes all allowances for Reimbursable Expenses. WHEREAS, City desires to contract with Architect for provision of the above - described additional services in connection with design and construction of the McConico Building, all as previously and hereinafter stipulated and within the limits the City has budgeted or will budget therefor; and WHEREAS, Architect has agreed to provide such professional services for the compensation delineated herein; NOW, THEREFORE, City and Architect, in consideration of the terms covenants and conditions contained in the Agreement this document supplements and herein, do hereby contract as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship with the City, shall perform all professional services for the Project as set forth in this Contract. 1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions of this Contract as follows: (1) Design for reorientation of McConico Building Architectural $ 3,850.00 Civil $ 8,300.00 Landscape (Allowance) $ 5,000.00 Structural $ 500.00 MEP $ 1,800.00 Total $19,450.00 TOTAL SERVICES FOR ABOVE $19,450.00 (2) Unless subsequently changed by additional Supplemental Agreement to this Contract, duly authorized by City Council Resolution, Architect's total compensation under this contract shall not exceed $19,450.00 including any Reimbursable Expenses. These amounts, totaling $19,450.00, represent the absolute limit of City's liability to Architect under this contract, unless same shall be changed by additional Supplemental Agreement hereto. 2 (3) The times and further conditions of payment shall be as described in Article IV hereof. ARTICLE II ARCHITECT'S SERVICES 2.01 Basic Services. The Architect's Basic Services consist generally of the services described below, and include such other services as may be necessary to assist the City in procuring the design services and production of necessary documents related to a possible realignment/ relocation/reorientation of the McConico Building on the site, within the limits the City has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Contract for all purposes. Architect agrees that upon execution of this Contract, it will submit to City within ten (10) days a list of all additional consultants it intends to utilize, not previously identified, delineating their respective tasks. All of Architect's consultants shall be subject to the approval of the 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 the City, represented by its Director of Public Works or his designee, hereinafter referred to as "Director." A Performance Schedule shall be agreed to by Architect and Director, and Architect agrees to use its best efforts to complete all services hereunder in accordance with such Performance Schedule. All services shall be performed to the highest professional standard. Architect shall provide, during performance of such design services, adequate and competent on -site observation, periodically visiting the site to the extent necessary to personally familiarize himself with the progress and quality of the work, and to determine if the work is proceeding in accordance with the Contract Documents. Architect's site observations may be conducted with Owner's designated representative to check conformance of the work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected. Field Reports of each visit shall be prepared by Architect and submitted to City. Architect shall employ all reasonable measures to safeguard City against defects and deficiencies in the work of the Contractor. Architect shall not be responsible for the construction means, methods, techniques, sequences ofprocedures, nor for the safety precautions and programs employed in connection with the work. However, Architect will immediately inform the 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. Based on such observations at the site and on the Contractor's Application and Certificate for Payment, Architect shall determine 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 3 work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning whole upon substantial completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to Project completion, and to any specific qualifications stated in the Certificate); and that the Contractor is entitled to payment in the amount certified. 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 the Contractor relating to execution and progress of the work or interpretation of the Contract Documents, based upon such review and analysis by Architect as is reasonably required. In the event of litigation, where Architect is named as an additional party with City, such assistance will include the availability of knowledgeable witnesses in the employ of Architect for expert testimony. 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 Director for City's approval and payment. Architect shall have authority to order minor changes in the work, consistent with the Contract Documents, and not involving an adjustment in the Contractor's price or an extension of the Project Schedule. Such changes shall be accomplished by Field Order. In addition, Architect may issue written Field Orders interpreting the Plans and Specifications, with copies submitted to City. 2.02 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 the 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 the 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 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. 4 ARTICLE III CITY'S RESPONSIBILITIES 3.01 Full information. City shall provide full information regarding requirements for the Project. 3.02 Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work. 3.03 Survey. City shall famish, or direct Architect to obtain at City's expense, a certified survey of the site, giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries, contours and other data pertaining to existing buildings or adjacent to the site, other improvements and trees; and full information as to available service and utility lines, both public and private, and test borings, pits, reports and soil bearing values and other necessary operations for determining subsoil conditions. 3.04 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil mechanics, and other laboratory tests, reports and inspections as required by law or the Contract Documents. ARTICLE IV PAYMENTS TO THE ARCHITECT 4.01 Basic Services. Payments hereunder shall not to exceed the following: Basic Services $19,450.00 4.02 Deductions. No deductions shall be made from Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors. 4.03 Additions. No additions shall be made to Architect's compensation based upon Project construction claims, whether paid by City or denied. 4.04 Abandonment. If any work designed or specified by Architect during any phase or subphase is abandoned or suspended, in whole or in part, Architect is to be paid for the services performed on account of it prior to receipt of written notice from City through its Director of such abandonment or suspension. 4.05 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 the Director. Such invoices shall conform to the schedule of services and costs in connection therewith. 5 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. 4.06 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. 4.07 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 V ARCHITECT'S ACCOUNTING RECORDS 5.01 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 VI TERMINATION AND DEFAULT 6.01 Termination. In connection with the work outlined in this Contract, it is agreed and fully understood by Architect that the Director may cancel or indefinitely suspend further work hereunder or terminate this Contract either for cause or for the convenience of City, upon fifteen (15) days written notice to Architect, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Contract shall cease. Architect shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Contract for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Contract, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information. 6.02 Default. Nothing contained in Section 6.01 above shall require City to pay for any work which is unsatisfactory as determined by the Director or which is not submitted in compliance with 6 the terms of this Contract. City shall not be required to make any payments to Architect when Architect is in default under this Contract, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Architect is in default, including the right to bring legal action for damages or to force specific performance of this Contract. ARTICLE VII GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS: CONTRACT ADMINISTRATION 7.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary General Conditions to AIADocument A201, "General Conditions of the Contract for Construction ", are to be used by Architect without modification; however, City may, upon prior consultation, approve of any changes that may be necessary for specific cases or instances. Any special conditions pertaining to the Project that are approved by City will be included under the Special Conditions portion of the Construction Documents. 7.02 Contract Administration. This Contract shall be administered on behalf of 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 VIII RESPONSIBILITY FOR WORK, INDEMNIFICATION AND INSURANCE 8.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, subcontractors, agents and consultants for the accuracy and competency of their Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Architect, his employees, subcontractors, agents and consultants. 8.02 Indemnification (Damage Claims). Architect agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by Architect's breach of any of the terms or provisions of this Contract, or by any negligent act or omission of Architect, his officers, agents, associates, employees or subconsultants, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the 7 laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 8.03 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 attomey's fees finally awarded, provided that: (1) City promptly notifies Architect in writing of the claim; and (2) Architect has sole control of the defense and all related settlement negotiations. (3) (a) If Architect defends City against such claims, the City Attorney of City shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Architect on City's behalf. (b) Architect's defense and indemnification under this section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Architect's opinion are likely to become, the subject of such a claim, City will permit Architect, at Architect's option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non - infringing; and if neither of the foregoing altematives 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 8.03 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. 8 8.04 Insurance. Architect, at Architect's sole cost, shall purchase and maintain during the term of this Contract the minimum insurance coverage in the amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to City. 8.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Architect, Architect shall require each subconsultant performing work under this Contract to maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Section 8.04 above, including the required provisions and additional policy conditions as shown below in Section 8.06. 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. 8.06 Insurance Policy Endorsements. Each insurance policy under paragraph 8.04 shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any material change in coverage, a notice thereof shall be given to City by certified mail to: (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) Robert L. Bennett, Jr., AICP City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 Architect shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, non - renewal, or material change in coverage it receives from its insurer. 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. 9 (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self- Insured Retentions of whatever nature. (5) Architect and City mutually waive subrogation rights each may have against the other for loss or damage, to the extent same is covered by the proceeds of insurance. 8.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Architect shall be bome solely by Architect, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. ARTICLE IX COMPLIANCE WITH LAWS. CHARTER AND ORDINANCES. ETC. 9.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by all local, State and National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 9.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE X TERM 10.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or extended by mutual agreement approved by City's Director, the teem 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. 10.02 Project Performance Schedule. (1) Time of completion of the services referenced herein shall be approximately fourteen (14) calendar days following notice to proceed, but in no event shall exceed ninety (90) calendar days following notice to proceed. (2) 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 10 and consultants necessary to fully and timely accomplish all services required under this Contract in the highest professional manner. ARTICLE XI FINANCIAL INTEREST PROHIBITED. CONFIDENTIALITY 11.01 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. 11.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other documentation and work developed by Architect hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of City's Director. ARTICLE XII GENERAL PROVISIONS 12.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that any failure of Architect to complete the services for each phase of this Contract within the agreed Project Performance Schedule will constitute a material breach of this Contract. Architect shall be fully responsible for its delays or for failures to use his best efforts in accordance with the terms of this Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances, City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any of City's additional legal rights or remedies. 12.02 Force Majeure. Neither City nor Architect shall be deemed in violation of this Contract if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 12.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Contract. Architect shall not assign, sublet or transfer any interest in this Contract without prior written authorization of City's Director. 12.04 Amendments. This Contract, representing the entire agreement between the parties, may only be amended or supplemented by mutual agreement of the parties hereto in writing. 12.05 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. 1 1 12.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as follows: ATTEST: Robert L. Bennett, Jr., AICP City Manager, City of Round Rock 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: Mac Ragsdale, AIA Project Principal Architecture + Plus 1907 North Lamar, Suite 260 Austin, Texas 78705 IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No. R-04-05 -P4- /3D5 approved by the City Council on I) ec// /4I 6 1400,2_,/ , and Architecture + Plus, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract. CITY OF ROUND ROCK, TEXAS 12 Christine R. Martinez, City Secretary Ro's' A. a, Jr., Ma AUSTIN ARCHITECTURE PLUS, INC. By�%Zat `/ Mac Ragsdale, A, Principal THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS 7871 1 -2337 OR 333 GUADALUPE, SUITE 2 -350, AUSTIN, TEXAS 78701 -3942, TELEPHONE (512) 305 -9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS' REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a.