R-93-05-27-10C - 5/27/1993phase and preparation of construction plans for Fire Station No. 4,
and
said services, and
Now Therefore
ATTEST:
KS /RS05273C
RESOLUTION NO. e r 3 _ Os - /0c.
WHEREAS, the City of Round Rock desires services for the design
WHEREAS, OPUS 3 Architects has submitted an agreement to provide
WHEREAS, the City Council wishes to enter into said agreement,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an agreement with OPUS 3 Architects for the design
phase and preparation of construction plans for Fire Station No. 4,
said agreement being attached hereto and incorporated herein for all
purposes.
RESOLVED this 27th day of May, 1993.
NE LAND, City Secretary
CHARLES CULP P R, Mayor
City of Round Rock, Texas
OWNER - ARCHITECT AGREEMENT
This AGREEMENT made as of the 24th day of May, 1993,
between the Owner:
and the Architect:
for the following described PROJECT:
Fire Station Number Four
1 ARCHITECT'S SERVICES AND RESPONSIBILITIES
The Architect's Basic Services consist of the five phases described in Subsections 1.1
through 1.5 and include all structural, mechanical and electrical engineering services
and any other services included in Section 13 as part of Basic Services for
construction.
1.1 DESIGN DEVELOPMENT PHASE
City of Round Rock
221 East Main Avenue
Round Rock, Texas 78664
OPUS 3, Architects & Engineers
106 West Bagdad
Round Rock, Texas 78664
1.1.1 Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program or Project budget,
the Architect shall prepare, for approval by the Owner, Design
Development Documents consisting of drawings and other drawings and
other documents to fix and describe the size and character of the entire
project as to architectural, civil, landscaping, structural, mechanical and
electrical systems, materials, and such other elements as may be
appropriate.
1.1.2 The Architect shall submit to the Owner a further Construction Cost
estimate.
1.2 CONSTRUCTION DOCUMENTS PHASE
1.2.1 Based on the approved design development documents and any further
adjustments in the scope or quality of the Project or of the construction
cost limitation 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. The approval by the Owner of the
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1.3 BIDDING PHASE
Construction Documents does not relieve the Architect of responsibility
for the adequacy, completeness, fitness, and accuracy of engineering
and architectural design.
1.2.2 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 the Contractor.
1.2.3 It shall be the Architect's responsibility to ascertain the applicability and
requirements of codes, regulations or ordinances. If no building code is
applicable to the Project, the Architect shall designate and design the
Project in accordance with a nationally recognized building code, and
shall inform the Owner, in writing, of the code so designated.
1.2.4 The Architect shall assist the Owner in obtaining approval of authorities
having jurisdiction over the Project.
1.2.5 The Architect shall be responsible for managing the design of the Project
so that the construction cost of the building and related facilities,
together with its built -in permanent fixtures and equipment, will not
exceed the Construction Cost Limitation as approved in writing by the
Owner's Board of Trustees.
1.2.6 The Owner, at his own expense, shall furnish the printing of the bid
documents, inclusive of all plans, drawings and specifications, as follow:
1.2.6.1 Any and all sets required by the Project Architect and
project consultants, and any and all sets furnished to the
Owner for review purposes,
1.2.6.2 One set of complete as -built mylars and two sets of
drawings made from the mylars,
1.3.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest construction cost estimate, shall assist the
Owner in obtaining and evaluating bids or negotiated proposals, and
assist in awarding and preparing contracts for construction.
1.3.2 A pre -bid conference open to all bidders, the Owner and the Architect
will be arranged by the Architect.
1.4 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
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1.4.1 The Construction Phase shall commence with the award of the Contract
for Construction and, together with the Architect's obligation to provide
Basic Services under this Agreement, will terminate when final payment
to the Contractor is made.
1.4.2 Unless otherwise provided in this Agreement, the Architect shall provide
administration of the Contract for Construction as set forth below.
1.4.3 The Architect shall be representative of the Owner during the
Construction Phase, and shall advise and consult with the Owner.
Instructions to the Contractor shall be forwarded through the Architect.
However, the Owner may give instructions in writing to the Contractor
if the Architect fails to forward the Owner's instructions. A written
notice of such instructions shall be given to the Architect. The Architect
shall have authority to act on behalf of the Owner only to the extent
provided in the Contract Documents.
1.4.4 The Architect, Engineers, and other project consultants shall visit the
site at all critical phases of the work and at intervals appropriate to the
stage of construction to critically observe the progress and quality of the
work ad to determine if the work is proceeding in accordance with the
Contract Documents. However, the Architect shall not be required to
make continuous on -site visits to inspect the quality or quantity of
Work. On the basis of such on -site inspections, the Architect shall keep
the Owner informed of the progress and quality of the Work, and shall
endeavor to guard the Owner against defects and deficiencies in the
work of the Contractor. The Architect will record each job -site visit and
the Architect's observations, and promptly submit these records to the
Owner.
1.4.4.1 The Architect shall coordinate site visits with the
Contractor's progress schedule and shall keep the Owner
informed of the Contractor's progress schedule and shall
keep the Owner informed of the Contractor's progress
schedule on a weekly basis.
1.4.5 The Architect shall at all times have access to the work whenever it is
in preparation or progress.
1.4.6 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques., sequences
or procedures, or for safety precautions and programs in connection
with the work, for the acts or omissions of the Contractor,
Subcontractors, or any other persons performing any of the Work, or for
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the failure of any of them to carry out the Work in accordance with the
Contract Documents.
1.4.7 The Architect shall determine the amounts owing to the Contractor
based on inspections at the site, and on evaluations of the Contractor's
Application for Payment, and shall approve Applications for Payment in
such amounts. The approval of an Application for Payment shall
constitute a representation by the Architect to the Owner, based on the
Architect's observations at the site, and on the data comprising the
Contractor's Application for Payment, that the work has progressed to
the point indicated; that, to the best of the Architect's knowledge,
information and belief, the quality of the Work is in Accordance with the
Contract Documents (subject to an evaluation of the Work for
conformance with the Contract Documents upon substantial completion,
to the results of any subsequent tests required by or performed under
the Contract Documents, to minor deviations from the Contract
Documents correctable prior to completion, and to any specific
qualifications stated in the Application for Payment); and that the
Contractor is entitled to payment in the amount certified. However, the
approval of an Application for Payment shall not be a representation that
the Architect has made any examination to ascertain how and for what
purpose the contractor has used the monies on account of the Contract
Sum.
1.4.8 The Architect shall be the interpreter of the technical requirements of
the Contract Documents and the judge of the performance thereunder
by the Contractor. The Architect shall render interpretations necessary
for the proper execution of the progress of the Work with reasonable
promptness on written request of either the Owner or the Contractor,
and shall render written recommendations, within a reasonable time so
as to cause no delay, on all claims, disputes and other matters in
question between the Owner and the Contractor relating to the
execution or progress of the Work or the interpretation of the Contract
Documents.
1.4.9 Interpretations and decisions of the Architect shall be consistent with
the intent of and reasonable inferable from the Contract Documents and
shall be in written or graphic form.
1.4.10 Subject to the approval of Owner, the Architect's decisions in
matters relating to artistic effect shall be final if consistent with
the intent of the Contract Documents.
1.4.1 1 The Architect shall have the responsibility and authority to reject
Work which does not conform to the Contract Documents. The
G:103.93201PR0FSERV.AGR Page 4 of 16
Architect will have the further authority to require special
inspection or testing of the Work in accordance with the
provisions of the Contract Documents, whether or not such work
be then fabricated, installed or completed.
1.4.12 The Architect shall review and approve or take such other
appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for conformance
with the design concept of the Work and with the information
given in the Contract Documents. Such action shall be taken
with reasonable promptness so as to cause no delay.
1.4.12.1 The Architect shall furnish Owner with a copy of the
current submittal schedule on a monthly basis, with
copies of all shop drawings, and, upon Owner's request,
with duplicates of product data and samples.
1.4.13 The Architect shall prepare Change Orders for the Owner's
approval and execution in accordance with the Contract
Documents, and shall have authority to order minor changes in
the Work not involving an adjustment in the Contract Sum or an
extension of the Contract Time which are not inconsistent with
the intent of the Contract Documents. The Owner shall be
notified in writing of any such changes.
1.4.14 The Architect shall conduct inspections to determine the dates
of Substantial Completion and Final Completion, shall receive and
forward to the Owner for the Owner's review written warranties
and related documents required by the Contract Documents and
assembled by the Contractor, and shall issue a final Certificate
for Payment.
1.4.15 The Architect, upon Owner's request and at Owner's expense,
shall use a roof consultant selected by the Owner during the
design phase for the purpose of reviewing the Architect's design
of the roof, and shall further assure that the consultant or a
qualified person representing the consultant shall be present
during the installation of the roof.
1.4.16 A weekly on -site meeting shall be held between the Owner,
Architect and Contractor during the Construction Phase until final
payment is made to the Contractor.
1.4.17 Promptly upon completion of the work or any earlier termination
of this agreement, the Architect shall prepare and provide to
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Owner a complete set of reproducible (mylar) drawings and
record specifications including significant changes in the Work
made during construction based on marked -up prints, drawings,
other data furnished by the Contractor to the Architect during
and after construction, and a complete set of as -built auto -CAD
drawing data disks if the Architect has used an auto -CAD system
to produce drawings.
1.4.17.1 Consistent with the Owner's intent to obtain an accurate
set of as- builts, the Architect shall require the contractor
to provide as -built information on a weekly basis; a
review of the as -built information shall be conducted by
the Owner and the Architect at each weekly site meeting.
1.4.17.2 Final payment shall not be due the Architect until the
Architect has complied with Subsection 1.3.6.5 and
Subsection 1.3.6.6.
1.4.18 During the tenth month following Substantial Completion of the
prime general contract (and notwithstanding prior payment in full
of the compensation of the Architect) the Architect will arrange
for a warranty inspection tour of the entire Project by authorized
representatives of Owner, the Architect and of each prime
contractor engaged upon the Project. The Architect will then
prepare a list of work observed needing to be done by each prime
contractor to satisfy that prime contractor's warranty obligations
to Owner.
1.5 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.5.1 If Owner and Architect agree that more extensive representation at the
site than is described in Section 5 is needed, the Architect shall provide
one or more project representatives to assist the Architect in carrying
out such responsibilities at the site.
1.5.2 Such project representative shall be selected, employed and directed by
the Architect, and the Architect shall be compensated therefore as
Additional Services.
1.6 ADDITIONAL SERVICES - The following services are not included in Basic
Services and shall be provided by the Architect if authorized in writing by
Owner, and shall be paid for by Owner as provided in this Agreement, in
addition to the compensation for Basic Services:
1.6.1 Providing detailed quantity surveys or inventories of materials,
equipment and labor.
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1.6.2 Providing interior design or similar services required for or in connection
with the selection, procurement or installation of furniture, furnishings,
and related equipment, not included as part of Owner's construction
program.
1.6.3 Make revisions in Drawings, Specifications or other documents which
are required by the enactment or revision of codes, laws or regulations
subsequent to the preparation of such documents, of which the
Architect reasonably could not be aware, or are due to other causes not
solely within the control of Architect.
1.6.4 Providing extensive assistance in the utilization of any equipment or
system such as initial start -up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.6.5 Providing services relative to future facilities, systems and equipment
which are not intended to be constructed during the Construction Phase.
1.6.6 Providing consultation concerning replacement of any Work damaged by
fire or other cause during construction, and furnishing services as may
be required in connection with the replacement of such Work.
1.6.7 Providing services made necessary by the default of the Contractor
under the Contract for Construction.
1.6.8 Preparing to serve or serving as an expert witness at the request of the
Owner in connection with any public hearing or legal proceeding.
1.6.9 Providing consultation concerning alternative fuel delivery systems.
1.7 TIME
1.7.1 The Architect shall perform Basic and Additional Services as
expeditiously as is consistent with professional skill and care and the
orderly progress of the Work.
1.7.2 Time is of the essence in this Agreement. The Architect expressly
agrees to complete the services under this Agreement in strict accord
with the following schedule:
1.7.2.1 Design Development Phase services shall be complete
within from notice to proceed.
1.7.2.2 Construction Documents Phase services shall be complete
within from notice to proceed.
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3.1 The Construction Cost shall be the total cost or estimated cost or estimated
cost to the Owner of all elements of the Project designed or specified by the
Architect, and shall not exceed the amount set forth in Subsection 12.1.1,
unless approved in writing by the Owner.
3.2 The Construction Cost shall include at current market rates, including a
reasonable allowance for overhead and profit, the cost of labor and materials
furnished by the Owner and any equipment which has been designed, specified,
selected or specially provided for the Architect.
3.3
Construction Cost does not include the compensation of the Architect, the cost
of the land, rights -of -way, or other costs which are the responsibility of the
Owner as provided in Section 2.
3.4 In the event the lowest acceptable bid received for the Project exceeds the
Construction Cost Limitation established by this Agreement, the Owner, at its
option, shall:
3.4.1 Accept the bid and award a Construction Contract that exceeds the
Construction Cost Limitation; in this event, the Architect's fee shall be
based on the Construction Cost Limitation as approved by the Owner
prior to receipt of bids;
3.4.2 Authorize rebidding or renegotiating of the Project within a reasonable
time;
3.4.3 Abandon the Project and terminate this Agreement, in which case the
Architect's fee shall be calculated based upon the last Construction Cost
Limitation approved by the Owner; or
3.4.4 Direct the Architect to revise the Drawings and Specifications as
required to reduce the Construction Cost. In this case, the Architect,
without additional charge, shall modify the Drawings and Specifications
as necessary to comply with the Owner's Construction Cost Limitation.
4 REIMBURSABLE EXPENSES
4.1 Reimbursable expenses are actual expenditures made by the Architect and the
Architect's employees in the interest of the Project for the expenses listed in
the following subsections:
4.1.1 Expense of transportation or living except when performing any Basic
Service in this agreement.
4.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
4.1.3 Expense of models and mock -ups requested by the Owner.
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4.1.4 Expense of reproductions, postage and handling of drawings,
specifications, and other documents, over and above those required
under Basic Services, but excluding reproductions for the office use of
the Architect and the Architect's consultants.
5 PAYMENTS TO THE ARCHITECT
5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
5.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to the services performed within each Phase of Services, as
demonstrated by work product, on the basis set forth in Section 12.
5.1.2 When any portions of the Project are deleted or otherwise not
constructed, compensation for such portions of the Project shall be
payable to the extent services are performed on such portions, in
accordance with the schedule set forth in Section 12, based on:
5.1.2.1 the lowest bona fide bid or negotiated proposal, or
5.1.2.2 the last detailed estimate of construction cost for such
portions of the Project, whichever is lower.
5.2 PAYMENTS FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
5.2.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of the
Architect's itemized statement of services rendered or expenses
incurred. The Architect's statements pertaining to Additional Services,
or reimbursable fees of consultants, shall clearly and legibly set forth the
name of the project, the date of the service, a description of the service,
the amount of time expended in such service, the name of the person
providing such service, and the hourly rate charged by such person. A
statement not conforming to these requirements will promptly be
returned by the Owner to the Architect, unpaid, and payment shall not
be due the Architect on account of such statement until the Owner is
provided a statement which conforms to these requirements.
5.3 PAYMENTS WITHHELD
5.3.1 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 is responsible.
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5.4 PROJECT SUSPENSION OR TERMINATION
5.4.1 If the Project is suspended or abandoned in whole or in part for more
than three months, the Architect shall be compensated for all services
performed prior to receipt of written notice from the Owner of such
suspension or abandonment, together with Reimbursable Expenses then
due. If the Project is resumed after being suspended for more than three
months, the Architect's compensation may be equitably adjusted upon
agreement of the parties.
6 ARCHITECT'S ACCOUNTING RECORDS
6.1 The Architect's records of Basic Services, Additional Services, and
Reimbursable Expenses shall be kept on the basis of generally accepted
accounting principles. During the term of this Agreement and at any time
within three years thereafter, the Architect shall make such records available
to the Owner or its authorized representatives for review and audit at the
Architect's place of business. The Architect agrees to include in all contracts
with consultants or subcontractors a requirement that they maintain complete,
detailed and accurate cost accounting records as to all their costs relating to
the services furnished by them under such contracts, and that during the term
of this Agreement and at any time within three years thereafter if requested by
the Owner, they will make such records available to Owner or its authorized
representatives for review at the Consultant's place of business. If all or any
parts of such records are not maintained by the Architect, their consultants, or
subcontractors or made available to the Owner as provided herein, any item not
supported by such records shall, at election of the Owner be disallowed and,
if payment has already been made, the Architect upon demand shall refund to
the Owner the amount so disallowed. Payments to the Architect shall in no
way affect the obligations hereunder or the right of the Owner to obtain a
refund of any payment to the Architect which was in excess of that to which
he was lawfully entitled.
7 OWNERSHIP AND USE OF DOCUMENTS
7.1 Original drawings and specifications are the property of the Architect; however,
in accordance with Subsection 1.5.17 herein, Owner shall be furnished,
promptly upon completion of the Work or any earlier termination of this
Agreement, with complete reproducible record prints, specifications, and auto -
CAD disks. All such reproductions shall be the property of the Owner who may
use them without the Architect's permission for any purpose relating to the
Project, including, but not limited to, additions to or completion of the Project.
It is further expressly agreed that the Owner may use the floor plan and artistic
elements of such reproductions for other projects without the permission of, or
compensation to, the Architect. In the event such reproductions are used for
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such purposes by Owner in connection with other projects, Owner shall require
such other projects to be re -drawn and re- engineered.
8 TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven calendar days'
written notice should the other party fail substantially to perform in accordance
with its terms through no fault of the party initiating the termination.
8.2 This Agreement may be terminated by the Owner upon at least seven calendar
days' written notice to the Architect in the event that the Project is to be
temporarily or permanently abandoned.
8.3 In the event of termination not the fault of the Architect, the Architect shall be
compensated for all services performed to the termination date, together with
Reimbursable Expenses then due.
8.4 The forbearance to enforce one or more of the remedies herein provided upon
an event of default shall not be deemed or construed to constitute a waiver of
such default.
9 GENERAL PROVISIONS
9.1 The obligations and undertakings of each of the parties to the Agreement shall
be performable at the County of the principal place of business of the Owner,
and shall be governed by the law thereof.
9.2 If any term, provision, covenant, or condition of this agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
10 SUCCESSORS AND ASSIGNS
10.1 The Owner and the 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, sublet or transfer any interest or Work
covered in this agreement without the written consent of the other.
11 EXTENT OF AGREEMENTS
11.1 This agreement represents the entire and integrated agreement between the
Owner and the Architect, and supersedes all prior negotiations, representations
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or agreements, either written or oral. This agreement may be amended only by
written instrument signed by both Owner and Architect.
12 BASIS OF COMPENSATION
12.1 BASIC COMPENSATION
12.1.1 For BASIC SERVICES as described in Subsections 1.1 through
1.5, and any other services included in Section 13 as part of
Basic Services, Basic Compensation shall be computed on a
construction cost limitation of $320,000.00.
12.1.2 Payments for Basic Services shall be made as provided in Section
5, so that Basic Compensation for each phase shall equal the
fallowing percentages of the total Basic Compensation payable:
Meetings with Staff $1,200.00
Architectural Drawing Revisions & Site Adaption $4,400.00
Mechanical, Electrical & Plumbing Engineering $3,500.00
Structural & Civil Engineering $4,250.00
Construction Observation $5,000.00
Printing Costs $1,300.00
12.2 COMPENSATION FOR ADDITIONAL SERVICES
12.2.1 For ADDITIONAL SERVICES of the Architect and any other
services identified in Section 13 as part of Additional Services,
but excluding Additional Services of consultants, compensation
shall be computed as follows:
The sum of $75.00 per hour for the time of the following
Principals:
Keith A. Hickman, A.I.A.
Glendon Nicks, Architect
For the time of employees (other than Principals):
Intern Architects - $50.00 per hour
Draftpersons - $35.00 per hour
Secretarial - $25.00 per hour
12.2.2 For ADDITIONAL SERVICES OF CONSULTANTS, a multiple of
1.2 times the amount billed to the Architect for such services.
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12.2.3 For REIMBURSABLE EXPENSES as described in Section 4, a
multiple of 1_2 times the amount reasonably billed to or
expended by the Architect in the interest of the Project.
12.2.4 The Owner and the Architect agree in accordance with the terms
and conditions of this agreement that if the scope or duration of
the Project or of the Architect's services is changed materially,
the amounts of compensation may be renegotiated upon
agreement of the parties.
13 OTHER CONDITIONS OR SERVICES
13.1 The specifications and plans shall bear the seal and signature of the Architect
and all engineers that were used on the Project.
13.2 The Architect shall appear before the school board anytime so requested to
answer questions or give a progress report. This shall be part of the Architect's
Basic Services.
13.3 LIABILITY INSURANCE
13.3.1 The Architect shall maintain professional liability insurance
coverage as follows:
Throughout the period of the Architect's responsibility under this
Agreement, the Architect shall maintain Architect's and
Engineer's Professional Liability Insurance with policy limits on
any one claim of not less than $250.000 with a deductible of not
more that $5,000.
13.3.2 Liability Limitation. The Architects liability to the Client for any
loss of damage, including, but not limited to, special and
consequential damages, arising out of or in connection with this
or any related agreement from any cause, including the
Architects professional negligence, errors, or omissions shall not
exceed the greater of S1O,0OO.00 or the compensation received
by the Architects hereunder, and Client hereby releases the
Architects from any liability above such amount.
13.3.3 The Architect shall provide Owner a copy of the insurance policy
upon execution of this Agreement.
13.3.4 Like coverages will be provided for all civil, structural,
mechanical, and /or electrical consultants to the Architect.
G:103.93201PROFSERV.AGR Page 14 of 16
13.3.5 All such insurance shall be underwritten by an insurance
company authorized to do business in the State of Texas, and
shall be evidenced by a certificate which shall confirm that the
coverage may not be canceled, reduced, restricted, limited or
allowed to expire until 30 days after Owner shall have received
written notice by certified or registered mail.
13.3.6 Except as expressly provided herein, the Architect shall have no
responsibility for the discovery, presence, handling, removal, or
disposal of, or exposure of persons to hazardous materials in any
form at the Project site, including but not limited to asbestos,
asbestos containing products, polychlorinated biphenyl (PCB) or
other toxic substances or hazardous materials. However, the
Architect expressly agrees to provide in the Project specifications
clear directives to the Contractor that toxic and hazardous
materials, including but not limited to products or materials
containing asbestos, PCB, and lead, shall not be provided nor
installed.
13.4 The Architect shall advise the Owner in writing, prior to the execution of this
Agreement, what, if any, consultants or engineers services are anticipated to
be required for the entire project which are beyond those services included in
Basic Services under this Agreement.
13.5 Civil Enaineerinq. As a part of Basic Services, the Architect shall be responsible
for the scheduling and timely completion of civil and landscaping design, for
coordination of civil design with the facility design, and for coordination of
construction contract administration on civil and landscaping work. The
Architect shall be compensated for such scheduling, coordination and contract
administration services as part of the fixed fee for Basic Services.
13.5.1 Civil Engineerinq Services, as the Architect's consultant, the
selection of the civil engineer shall be subject to the Owner's
approval. The Architect shall be reimbursed by the Owner for
the actual amounts expended for the civil engineer's fees,
without a multiplier, monthly upon presentation of detailed
statements which clearly set forth the name of the project, the
date of the service, a description of the service, the amount of
time expended in such service, the name of the person providing
such service, and the hourly rate charged by such person. Based
on the Civil Engineer's estimate of the cost to provide civil
design, contract administration and to obtain requisite regulatory
approvals, the Owner will approve, a written Professional
Services Change Order for civil engineering services. Civil
Engineering fees shall not be a part of the fixed fee for Basic
G:103. 9320 \PROFSERV.AGR Pogo 15 of 16
Services. An additional written Professional Services Change
Order must be obtained by the Architect should civil engineering
services be required in excess of such approved amount.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, the day
and year first above written.
OPUS 3, Architects & Engineers CITY OF ROUND ROCK
By: By
Title: Title.
ATTEST:
Secretary, if corporation
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DATE: May 25, 1993
SUBJECT: City Council Meeting, May 27, 1993
ITEM: 10C. Consider a resolution authorizing the Mayor to enter into an
agreement with OPUS 3 Architects for the design of Fire
Station No. 4.
STAFF RESOURCE PERSON: Jim Nuse
STAFF RECOMMENDATION:
Enclosed find a copy of the Owner - Architect Agreement between OPUS 3 and the
City of Round Rock for the design of Fire Station #4. The cost break down is provided
on page 13. The last page, unnumbered, is the basis of the cost break down. Staff
recommends award of this contract to OPUS 3.
5. CONSTRUCTION OBSERVATION (66 Hrs @ $75.00) = $5,000.00
7 Months construction @ 1 visit per week @ 2 hours plus a few extra visits.
6. PRINTING COSTS = $1,300.00
Cost of printing bid documents.
may2793/bluesheet2
EXPLANATION
FIRE STATION #4
1. MEETINGS WITH STAFF (Estimate 16 hrs @ $75.00) = $1,200.00
Work out any floor plan changes.
Site plan adaptation layouts.
2. DRAWING REVISIONS & SITE PLANS (Estimate 80 hrs @ $55.00) = $4,400.00
3. MECHANICAL, ELECTRICAL & PLUMBING ENGINEER = $3,500.00
We would like to work with Hendrix & Myers Engineers.
There were several problems with last engineer.
4. STRUCTURAL & CIVIL ENGINEERING = * $4,250.00 (Still Negotiating)
Fisher, Hagood will be doing both.
This is the fee they charged on Station # 3.
Both are adapting building to new site and civil requirements are tougher.
This AGREEMENT made as of the 24th day of May, 1993,
between the Owner:
and the Architect:
for the following described PROJECT:
Fire Station Number Four
1 ARCHITECT'S SERVICES AND RESPONSIBILITIES
The Architect's Basic Services consist of the five phases described in Subsections 1.1
through 1.5 and include all structural, mechanical and electrical engineering services
and any other services included in Section 13 as part of Basic Services for
construction.
1.1 DESIGN DEVELOPMENT PHASE
1.1.1
•
•
OWNER - ARCHITECT AGREEMENT
City of Round Rock
221 East Main Avenue
Round Rock, Texas 78664
OPUS 3, Architects & Engineers
106 West Bagdad
Round Rock, Texas 78664
�2 93-195
Based on the approved Schematic Design Documents and any
adjustments authorized by the Owner in the program or Project
budget, the Architect shall prepare, for approval by the Owner,
Design Development Documents consisting of drawings and other
drawings and other documents to fix and describe the size and
character of the entire project as to architectural, civil, landscaping,
structural, mechanical and electrical systems, materials, and such
other elements as may be appropriate.
1.1.2 The Architect shall submit to the Owner a further Construction Cost
estimate.
1.2 CONSTRUCTION DOCUMENTS PHASE
1.2.1 Based on the approved design development documents and any
further adjustments in the scope or quality of the Project or of the
construction cost limitation 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. The approval by
the Owner of the Construction Documents does not relieve the
Architect of responsibility for the adequacy, completeness, fitness,
and accuracy of engineering and architectural design.
1.2.2 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 the
Contractor.
1.2.3 It shall be the Architect's responsibility to ascertain the applicability
and requirements of codes, regulations or ordinances. If no building
code is applicable to the Project, the Architect shall designate and
design the Project in accordance with a nationally recognized
building code, and shall inform the Owner, in writing, of the code so
designated.
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1.2.4 The Architect shall assist the Owner in obtaining approval of
authorities having jurisdiction over the Project.
1.2.5 The Architect shall be responsible for managing the design of the
Project so that the construction cost of the building and related
facilities, together with its built -in permanent fixtures and equipment,
will not exceed the Construction Cost Limitation as approved in
writing by the Owner's Board of Trustees.
1.2.6 The Owner, at his own expense, shall furnish the printing of the bid
documents, inclusive of all plans, drawings and specifications, as
follow:
1.3 BIDDING PHASE
1.2.6.1 Any and all sets required by the Project Architect and
project consultants, and any and all sets furnished to the
Owner for review purposes,
1.2.6.2 One set of complete as -built mylars and two sets of
drawings made from the mylars,
1.3.1 The Architect, following the Owner's approval of the Construction
Documents and of the latest construction cost estimate, shall assist
the Owner in obtaining and evaluating bids or negotiated proposals,
and assist in awarding and preparing contracts for construction.
1.3.2 A pre -bid conference open to all bidders, the Owner and the
Architect will be arranged by the Architect.
1.4 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
1.4.1 The Construction Phase shall commence with the award of the
Contract for Construction and, together with the Architect's
obligation to provide Basic Services under this Agreement, will
terminate when final payment to the Contractor is made.
1.4.2 Unless otherwise provided in this Agreement, the Architect shall
provide administration of the Contract for Construction as set forth
below.
1.4.3 The Architect shall be representative of the Owner during the
Construction Phase, and shall advise and consult with the Owner.
Instructions to the Contractor shall be forwarded through the
Architect. However, the Owner may give instructions in writing to
the Contractor if the Architect fails to forward the Owner's
instructions. A written notice of such instructions shall be given to
the Architect. The Architect shall have authority to act on behalf of
the Owner only to the extent provided in the Contract Documents.
1.4.4 The Architect, Engineers, and other project consultants shall visit
the site at all critical phases of the work and at intervals appropriate
to the stage of construction to critically observe the progress and
quality of the work and to determine if the work is proceeding in
accordance with the Contract Documents. However, the Architect
shall not be required to make continuous on -site visits to inspect the
quality or quantity of Work. On the basis of such on -site
inspections, the Architect shall keep the Owner informed of the
progress and quality of the Work, and shall endeavor to guard the
Owner against defects and deficiencies in the work of the
Contractor. The Architect will record each job -site visit and the
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Architect's observations, and promptly submit these records to the
Owner.
1.4.4.1 The Architect shall coordinate site visits with the
Contractor's progress schedule and shall keep the Owner
informed of the Contractor's progress schedule and shall
keep the Owner informed of the Contractor's progress
schedule on a weekly basis.
1.4.5 The Architect shall at all times have access to the work whenever
it is in preparation or progress.
1.4.6 The Architect shall not have control or charge of and shall not be
responsible for construction means, methods, techniques.,
sequences or procedures, or for safety precautions and programs in
connection with the work, for the acts or omissions of the
Contractor, Subcontractors, or any other persons performing any of
the Work, or for the failure of any of them to carry out the Work in
accordance with the Contract Documents.
1.4.7 The Architect shall determine the amounts owing to the Contractor
based on inspections at the site, and on evaluations of the
Contractor's Application for Payment, and shall approve Applications
for Payment in such amounts. The approval of an Application for
Payment shall constitute a representation by the Architect to the
Owner, based on the Architect's observations at the site, and on the
data comprising the Contractor's Application for Payment, that the
work has progressed to the point indicated; that, to the best of the
Architect's knowledge, information and belief, the quality of the
Work is in Accordance with the Contract Documents (subject to an
evaluation of the Work for conformance with the Contract
Documents upon substantial completion, to the results of any
subsequent tests required by or performed under the Contract
Documents, to minor deviations from the Contract Documents
correctable prior to completion, and to any specific qualifications
stated in the Application for Payment); and that the Contractor is
entitled to payment in the amount certified. However, the approval
of an Application for Payment shall not be a representation that the
Architect has made any examination to ascertain how and for what
purpose the contractor has used the monies on account of the
Contract Sum.
1.4.8 The Architect shall be the interpreter of the technical requirements
of the Contract Documents and the judge of the performance
thereunder by the Contractor. The Architect shall render
interpretations necessary for the proper execution of the progress of
the Work with reasonable promptness on written request of either
the Owner or the Contractor, and shall render written
recommendations, within a reasonable time so as to cause no delay,
on all claims, disputes and other matters in question between the
Owner and the Contractor relating to the execution or progress of
the Work or the interpretation of the Contract Documents.
1.4.9 Interpretations and decisions of the Architect shall be consistent
with the intent of and reasonable inferable from the Contract
Documents and shall be in written or graphic form.
1.4.10 Subject to the approval of Owner, the Architect's decisions in
matters relating to artistic effect shall be final if consistent with the
intent of the Contract Documents.
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1.4.11 The Architect shall have the responsibility and authority to reject
Work which does not conform to the Contract Documents. The
Architect will have the further authority to require special inspection
or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such work be then fabricated,
installed or completed.
1.4.12 The Architect shall review and approve or take such other
appropriate action upon the Contractor's submittals such as Shop
Drawings, Product Data and Samples, but only for conformance with
the design concept of the Work and with the information given in the
Contract Documents. Such action shall be taken with reasonable
promptness so as to cause no delay.
1.4.12.1 The Architect shall furnish Owner with a copy of the
current submittal schedule on a monthly basis, with
copies of all shop drawings, and, upon Owner's request,
with duplicates of product data and samples.
1.4.13 The Architect shall prepare Change Orders for the Owner's approval
and execution in accordance with the Contract Documents, and shall
have authority to order minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract
Time which are not inconsistent with the intent of the Contract
Documents. The Owner shall be notified in writing of any such
changes.
1.4.14 The Architect shall conduct inspections to determine the dates of
Substantial Completion and Final Completion, shall receive and
forward to the Owner for the Owner's review written warranties and
related documents required by the Contract Documents and
assembled by the Contractor, and shall issue a final Certificate for
Payment.
1 .4.15 The Architect, upon Owner's request and at Owner's expense, shall
use a roof consultant selected by the Owner during the design phase
for the purpose of reviewing the Architect's design of the roof, and
shall further assure that the consultant or a qualified person
representing the consultant shall be present during the installation of
the roof.
1.4.16 A weekly on -site meeting shall be held between the Owner,
Architect and Contractor during the Construction Phase until final
payment is made to the Contractor.
1.4.17 Promptly upon completion of the work or any earlier termination of
this agreement, the Architect shall prepare and provide to Owner a
complete set of reproducible (mylar) drawings and record
specifications including significant changes in the Work made during
construction based on marked -up prints, drawings, other data
furnished by the Contractor to the Architect during and after
construction, and a complete set of as -built auto -CAD drawing data
disks if the Architect has used an auto -CAD system to produce
drawings.
1.4.17.1 Consistent with the Owner's intent to obtain an accurate
set of as- builts, the Architect shall require the contractor
to provide as -built information on a weekly basis; a
review of the as -built information shall be conducted by
the Owner and the Architect at each weekly site meeting.
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1.4.17.2 Final payment shall not be due the Architect until the
Architect has complied with Subsection 1.3.6.5 and
Subsection 1.3.6.6.
1.4.18 During the tenth month following Substantial Completion of the
prime general contract (and notwithstanding prior payment in full of
the compensation of the Architect) the Architect will arrange for a
warranty inspection tour of the entire Project by authorized
representatives of Owner, the Architect and of each prime contractor
engaged upon the Project. The Architect will then prepare a list of
work observed needing to be done by each prime contractor to
satisfy that prime contractor's warranty obligations to Owner.
1.5 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.5.1 If Owner and Architect agree that more extensive representation at
the site than is described in Section 5 is needed, the Architect shall
provide one or more project representatives to assist the Architect
in carrying out such responsibilities at the site.
1.5.2 Such project representative shall be selected, employed and directed
by the Architect, and the Architect shall be compensated therefore
as Additional Services.
1.6 ADDITIONAL SERVICES - The following services are not included in Basic
Services and shall be provided by the Architect if authorized in writing by
Owner, and shall be paid for by Owner as provided in this Agreement, in
addition to the compensation for Basic Services:
1.6.1 Providing detailed quantity surveys or inventories of materials,
equipment and labor.
1.6.2 Providing interior design or similar services required for or in
connection with the selection, procurement or installation of
furniture, furnishings, and related equipment, not included as part of
Owner's construction program.
1.6.3 Make revisions in Drawings, Specifications or other documents
which are required by the enactment or revision of codes, laws or
regulations subsequent to the preparation of such documents, of
which the Architect reasonably could not be aware, or are due to
other causes not solely within the control of Architect.
1.6.4 Providing extensive assistance in the utilization of any equipment or
system such as initial start -up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training
personnel for operation and maintenance, and consultation during
operation.
1.6.5 _ Providing services relative to future facilities, systems and equipment
which are not intended to be constructed during the Construction
Phase.
1.6.6 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing services as
may be required in connection with the replacement of such Work.
1.6.7 Providing services made necessary by the default of the Contractor
under the Contract for Construction.
1.6.8 Preparing to serve or serving as an expert witness at the request of
the Owner in connection with any public hearing or legal proceeding.
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1.6.9 Providing consultation concerning alternative fuel delivery systems.
1.7 TIME
1.7.1 The Architect shall perform Basic and Additional Services as
expeditiously as is consistent with professional skill and care and the
orderly progress of the Work.
1.7.2 Time is of the essence in this Agreement. The Architect expressly
agrees to complete the services under this Agreement in strict
accord with the following schedule:
2 THE OWNER'S RESPONSIBILITIES
1.7.2.1 Design Development Phase services shall be complete
within 15 days from notice to proceed.
1.7.2.2 Construction Documents Phase services shall be complete
within 46 days from notice to proceed.
1.7.2.3 Bidding Phase services shall be complete within 70 days
from notice to proceed.
2.1 The Owner, with The Architect's assistance, shall provide information regarding
requirements for the Project including a program, which shall set forth the
Owner's design objectives, constraints and criteria, including approximate space
requirements and relationships, flexibility and expendability, special equipment
and systems and site requirements.
2.2 The Owner shall inform the Architect in writing of the Project budget, which
shall be the Construction Cost Limitation.
2.3 The Owner designates Jim Nuse as its representative authorized to act in the
Owner's behalf with respect to the construction phase of the Project. The
Owner's authorized representative shall examine the documents submitted by
the Architect and shall render decisions pertaining thereto promptly, to avoid
unreasonable delay in the progress of the Architect's services.
2.4 The Owner shall furnish a legal description and a certified land survey of the
site, giving, as applicable, grades and lines of streets, alleys, pavements and
adjoining property; rights -of -way, restrictions, easements, encroachments, deed
restrictions, boundaries and contours of the site, locations, dimensions and
complete data pertaining to existing buildings, other improvements and trees,
and available information concerning service and utility lines both public and
private.
2.5 The Owner shall, when deemed necessary by the Architect, obtain and pay for
test borings and laboratory analyses of soil foundation conditions. Such
services shall include test borings, test pits, soil bearing values, percolation
tests, soil, air and water pollution tests, ground corrosion and resistivity tests,
including necessary operations for determining subsoil, air and water conditions,
with reports and appropriate professional recommendations.
2.6 The Owner shall furnish all legal, accounting, auditing and insurance counseling
services as may be necessary for the Project.
2.7 If the Owner observes or otherwise becomes aware of any fault or defect in the
Project or nonconformance with the Contract Documents, prompt written
notice thereof shall be given by the Owner to Architect.
3 CONSTRUCTION COST -- DEFINITION
3.1 The Construction Cost shall be the total cost or estimated cost or estimated
cost to the Owner of all elements of the Project designed or specified by the
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Architect, and shall not exceed the amount set forth in Subsection 12.1.1,
unless approved in writing by the Owner.
3.2 The Construction Cost shall include at current market rates, including a
reasonable allowance for overhead and profit, the cost of labor and materials
furnished by the Owner and any equipment which has been designed, specified,
selected or specially provided for the Architect.
3.3 Construction Cost does not include the compensation of the Architect, the cost
of the land, rights -of -way, or other costs which are the responsibility of the
Owner as provided in Section 2.
3.4 In the event the lowest acceptable bid received for the Project exceeds the
Construction Cost Limitation established by this Agreement, the Owner, at its
option, shall:
3.4.1 Accept the bid and award a Construction Contract that exceeds the
Construction Cost Limitation; in this event, the Architect's fee shall
be based on the Construction Cost Limitation as approved by the
Owner prior to receipt of bids;
3.4.2 Authorize rebidding or renegotiating of the Project within a
reasonable time;
3.4.3 Abandon the Project and terminate this Agreement, in which case
the Architect's fee shall be calculated based upon the last
Construction Cost Limitation approved by the Owner; or
3.4.4 Direct the Architect to revise the Drawings and Specifications as
required to reduce the Construction Cost. In this case, the
Architect, without additional charge, shall modify the Drawings and
Specifications as necessary to comply with the Owner's
Construction Cost Limitation.
4 REIMBURSABLE EXPENSES
4.1 Reimbursable expenses are actual expenditures made by the Architect and the
Architect's employees in the interest of the Project for the expenses listed in
the following subsections:
4.1.1 Expense of transportation or living except when performing any
Basic Service in this agreement.
4.1.2 Expense of data processing and photographic production techniques
when used in connection with Additional Services.
4.1.3 Expense of models and mock -ups requested by the Owner.
4.1.4 Expense of reproductions, postage and handling of drawings,
specifications, and other documents, over and above those required
under Basic Services, but excluding reproductions for the office use
of the Architect and the Architect's consultants.
5 PAYMENTS TO THE ARCHITECT
5.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
5.1.1 Payments for Basic Services shall be made monthly and shall be in
proportion to the services performed within each Phase of Services,
as demonstrated by work product, on the basis set forth in Section
12.
5.1.2 When any portions of the Project are deleted or otherwise not
constructed, compensation for such portions of the Project shall be
G:10 3- 9 3 201PROFSERV.AGR Page 7 of 12
payable to the extent services are performed on such portions, in
accordance with the schedule set forth in Section 12, based on:
5.1.2.1 the lowest bona fide bid or negotiated proposal, or
5.1.2.2 the last detailed estimate of construction cost for such
portions of the Project, whichever is lower.
5.2 PAYMENTS FOR ADDITIONAL SERVICES & REIMBURSABLE EXPENSES
5.2.1 Payments on account of the Architect's Additional Services and for
Reimbursable Expenses shall be made monthly upon presentation of
the Architect's itemized statement of services rendered or expenses
incurred. The Architect's statements pertaining to Additional
Services, or reimbursable fees of consultants, shall clearly and legibly
set forth the name of the project, the date of the service, a
description of the service, the amount of time expended in such
service, the name of the person providing such service, and the
hourly rate charged by such person. A statement not conforming to
these requirements will promptly be returned by the Owner to the
Architect, unpaid, and payment shall not be due the Architect on
account of such statement until the Owner is provided a statement
which conforms to these requirements.
5.3 PAYMENTS WITHHELD
5.3.1 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 is responsible.
5.4 PROJECT SUSPENSION OR TERMINATION
5.4.1 If the Project is suspended or abandoned in whole or in part for more
than three months, the Architect shall be compensated for all
services performed prior to receipt of written notice from the Owner
of such suspension or abandonment, together with Reimbursable
Expenses then due. If the Project is resumed after being suspended
for more than three months, the Architect's compensation may be
equitably adjusted upon agreement of the parties.
6 ARCHITECT'S ACCOUNTING RECORDS
6.1 The 'Architect's records of Basic Services, Additional Services, and
Reimbursable Expenses shall be kept on the basis of generally accepted
accounting principles. During the term of this Agreement and at any time
within three years thereafter, the Architect shall make such records available
to the Owner or its authorized representatives for review and audit at the
Architect's place of business. The Architect agrees to include in all contracts
with consultants or subcontractors a requirement that they maintain complete,
detailed and accurate cost accounting records as to all their costs relating to
the services furnished by them under such contracts, and that during the term
of this Agreement and at any time within three years thereafter if requested by
the Owner, they will make such records available to Owner or its authorized
representatives for review at the Consultant's place of business. If all or any
parts of such records are not maintained by the Architect, their consultants, or
subcontractors or made available to the Owner as provided herein, any item not
supported by such records shall, at election of the Owner be disallowed and,
if payment has already been made, the Architect upon demand shall refund to
the Owner the amount so disallowed. Payments to the Architect shall in no
way affect the obligations hereunder or the right of the Owner to obtain a
refund of any payment to the Architect which was in excess of that to which
he was lawfully entitled.
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7 OWNERSHIP AND USE OF DOCUMENTS
7.1 Original drawings and specifications are the property of the Architect; however,
in accordance with Subsection 1.5.17 herein, Owner shall be furnished,
promptly upon completion of the Work or any earlier termination of this
Agreement, with complete reproducible record prints, specifications, and auto -
CAD disks. All such reproductions shall be the property of the Owner who may
use them without the Architect's permission for any purpose relating to the
Project, including, but not limited to, additions to or completion of the Project.
It is further expressly agreed that the Owner may use the floor plan and artistic
elements of such reproductions for other projects without the permission of, or
compensation to, the Architect. In the event such reproductions are used for
such purposes by Owner in connection with other projects, Owner shall require
such other projects to be re -drawn and re- engineered.
8 TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven calendar days'
written notice should the other party fail substantially to perform in accordance
with its terms through no fault of the party initiating the termination.
8.2 This Agreement may be terminated by the Owner upon at least seven calendar
days' written notice to the Architect in the event that the Project is to be
temporarily or permanently abandoned.
8.3 In the event of termination not the fault of the Architect, the Architect shall be
compensated for all services performed to the termination date, together with
Reimbursable Expenses then due.
8.4 The forbearance to enforce one or more of the remedies herein provided upon
an event of default shall not be deemed or construed to constitute a waiver of
such default.
9 GENERAL PROVISIONS
9.1 The obligations and undertakings of each of the parties to the Agreement shall
be performable at the County of the principal place of business of the Owner,
and shall be governed by the law thereof.
9.2 If any term, provision, covenant, or condition of this agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
10 SUCCESSORS AND ASSIGNS
10.1 The Owner and the 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, sublet or transfer any interest or Work
covered in this agreement without the written consent of the other.
11 EXTENT OF AGREEMENTS
11.1 This agreement represents the entire and integrated agreement between the
Owner and the Architect, and supersedes all prior negotiations, representations
or agreements, either written or oral. This agreement may be amended only by
written instrument signed by both Owner and Architect.
12 BASIS OF COMPENSATION
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12.1 BASIC COMPENSATION
13.3 LIABILITY INSURANCE
12.1.1 For BASIC SERVICES as described in Subsections 1.1 through 1.5,
and any other services included in Section 13 as part of Basic
Services, Basic Compensation shall be computed on a construction
cost limitation of $350,000.00.
12.1.2 Payments for Basic Services shall be made as provided in Section 5,
so that Basic Compensation for each phase shall not exceed the
following amounts of the total Basic Compensation payable:
Meetings with Staff S1 ,200.00
Architectural Drawing Revisions & Site Adaption $4,400.00
Mechanical, Electrical & Plumbing Engineering $3,500.00
Structural & Civil Engineering $4,250.00
Construction Observation $5,000.00
Printing Costs $1,300.00
12.2 COMPENSATION FOR ADDITIONAL SERVICES
12.2.1 For ADDITIONAL SERVICES of the Architect and any other services
identified in Section 13 as part of Additional Services, but excluding
Additional Services of consultants, compensation shall be computed
as follows:
12.2.1.1 The sum of $75.00 per hour for the time of the following
Principals:
12.2.1.1.1 Keith A. Hickman, A.I.A.
12.2.1.1.2 Glendon Nicks, Architect
12.2.1.2 For the time of employees (other than Principals):
12.2.1.2.1
12.2.1.2.2
12.2.1.2.3
Intern Architects - $50.00 per hour
Draftpersons - $35.00 per hour
Secretarial - $25.00 per hour
12.2.2 For ADDITIONAL SERVICES OF CONSULTANTS, a multiple of 1.2
times the amount billed to the Architect for such services.
12.2.3 For REIMBURSABLE EXPENSES as described in Section 4, a multiple
of 1.2 times the amount reasonably billed to or expended by the
Architect in the interest of the Project.
12.2.4 The Owner and the Architect agree in accordance with the terms
and conditions of this agreement that if the scope or duration of the
Project or of the Architect's services is changed materially, the
amounts of compensation may be renegotiated upon agreement of
the parties.
13 OTHER CONDITIONS OR SERVICES
13.1 The specifications and plans shall bear the seal and signature of the Architect
and all engineers that were used on the Project.
13.2 The Architect shall appear before the Round Rock City Council anytime so
requested to answer questions or give a progress report. This shall be part of
the Architect's Basic Services.
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13.3.1 The Architect shall maintain professional liability insurance coverage
as follows:
13.3.1.1 Throughout the period of the Architect's responsibility
under this Agreement, the Architect shall maintain
Architect's and Engineer's Professional Liability Insurance
with policy limits on any one claim of not less than
$250,000 with a deductible of not more that $5,000.
13.3.2 The Architect shall provide Owner a copy of the insurance policy
upon execution of this Agreement.
13.3.3 Like coverages will be provided for all civil, structural, mechanical,
and /or electrical consultants to the Architect.
13.3.4 All such insurance shall be underwritten by an insurance company
authorized to do business in the State of Texas, and shall be
evidenced by a certificate which shall confirm that the coverage may
not be canceled, reduced, restricted, limited or allowed to expire
until 30 days after Owner shall have received written notice by
certified or registered mail.
13.3.5 Except as expressly provided herein, the Architect shall have no
responsibility for the discovery, presence, handling, removal, or
disposal of, or exposure of persons to hazardous materials in any
form at the Project site, including but not limited to asbestos,
asbestos containing products, polychlorinated biphenyl (PCB) or
other toxic substances or hazardous materials. However, the
Architect expressly agrees to provide in the Project specifications
clear directives to the Contractor that toxic and hazardous materials,
including but not limited to products or materials containing
asbestos, PCB, and lead, shall not be provided nor installed.
13.4 The Architect shall advise the Owner in writing, prior to the execution of this
Agreement, what, if any, consultants or engineers services are anticipated to
be required for the entire project which are beyond those services included in
Basic Services under this Agreement.
13.5 Civil Engineering. As a part of Basic Services, the Architect shall be responsible
for the scheduling and timely completion of civil and landscaping design, for
coordination of civil design with the facility design, and for coordination of
construction contract administration on civil and landscaping work. The
Architect shall be compensated for such scheduling, coordination and contract
administration services as part of the fixed fee for Basic Services.
13.5.1 Civil Engineering Services as the Architect's consultant, the
selection of the civil engineer shall be subject to the Owner's
approval. The Architect shall be reimbursed by the Owner for the
actual amounts expended for the civil engineer's fees, without a
multiplier, monthly upon presentation of detailed statements which
clearly set forth the name of the project, the date of the service, a
description of the service, the amount of time expended in such
service, the name of the person providing such service, and the
hourly rate charged by such person. Based on the Civil Engineer's
estimate of the cost to provide civil design, contract administration
and to obtain requisite regulatory approvals, the Owner will approve,
a written Professional Services Change Order for civil engineering
services. Civil Engineering fees shall not be a part of the fixed fee
for Basic Services. An additional written Professional Services
Change Order must be obtained by the Architect should civil
engineering services be required in excess of such approved amount.
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, the day
and year first above written.
OPUS 3, Architects & Engineers
By: By
Title: Pc /"..h
ATTEST:
Secretary, if corporation
CITY OF ROUND ROCK
Title.
m A yo2
G : \03- 93201PROFSERV.AGR Page 12 of 12
TRANSMITTAL LETTER
PROJECT: Round Rock Fire Station #4 PROJECT #: 03 -9320
DATE: 16 June, 1993
TO: Stephen L. Sheets & Associates, PC
309 East Main FROM: Keith A. Hickman
Round Rock, Texas 78664
ATTN: Stephen L. Sheets
FOR YOUR:
[ ] approval
[ ] information
If enclosures are not as noted, please inform us immediately.
REMARKS:
If checked below, please:
[ ] Acknowledge receipt
[ ] Return enclosures
OPUS
ARCHITECTS & ENGINEERS
[ 1 distribution to parties [x ] review & comment
[ ] record [ ] analysis
As per our telephone conversation on Tuesday, 15 June, 1993, following
is the revised Owner - Architect Agreement on the above referenced project.
If you should have any questions or comments, do not hesitate to contact
me.
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