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R-95-02-09-10E - 2/9/1995RESOLUTION NO. / 5 ' 6 V - 07 - /a WHEREAS, the City of Round Rock desires to retain architectural services for Phase 2 of the Joint City Yard Site /Round Rock Independent School District Transportation Center, and WHEREAS, Architecture Plus has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Architecture Plus, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Architecture Plus for Phase 2 of the Joint City Yard Site /Round Rock Independent School District Transportation Center. RESOLVED this 9th day of February, 1995. ATTEST: KS /RESOLUTION RS50209E E LAND, City Secretary CHARLES CU PER, Mayor City of Round Rock, Texas 02- 02;1995 12 =42PM THE BRIMBLE GROUP 5124780920' P.02 ARCHI'T'ECTURE + PLUS Architecture, Planning & Interiors February 2, 1995 Mr. Jim Nuse Director of Public Works City of Round Rock 2008 Enterprise Dr. Round Rock, Texas 78664 RE: Proposal for Professional Services Joint Use Vehicle. Wash and Fueling Facility Dear Jim, I amt pleased to submit this proposal for Architecture/Engineering fees and services for the above referenced project.. Also enclosed is additional information on Architecture 4- Plus and our approach to .this project. The proposal is based on a scope of work as indicated on the Master Plan prepared. by Baker- Aicklen & Associates, Inc. and WSM Architects dated December, 1994, and the attached Project. Budget Analysis. SCOPE:OF'A/E SERVICES Following is a brief description of services anticipated: 1. Provide all normal Architectural, Structural Engineering; and Ivlechanical/ElectricaUPlumbing Engineering, and Landscaping services as well as specialized consultants for Eel and Wash Systems. Pnopesecl consultants include: Fisher Ilagood,; Inc. - Sttuaural Hendrix & Myers -.MEP Dwight C. Russell Associates, Inc. or Freese - Nichols - Fuel Systems Prepare site plan layout for use by other consultants, dimension plan by civil.' engineer. Review owner's program and provide equipment systems and design solutions for approval. Alternatives' with cost analysis will be investigated and presented for budget 1 Prepare complete. Design and Construction Documents sufficient for permits, bidding' and construction. We anticipate work will be provided under a single prime contract. Prepare estimates of probable cost at design and construction documents phases. 1907 N. Lamar, Ste. 260 Austin, Texas 78705 (512) 478-0970 02- 0271995 1 .43PM THE BRIMBLE GROUP Mr. Jim Nuse A/E FEES Mac::I2agsdate, AMA mar 5124,780920• P.03 Page 2 6. Assist in bidding of project including plan distribution, pre-bid conference, issue of addenda and interpretations/clarifications, and award of contract. 7. Prepare and submit application to TNRCC for Edwards Aquifer Hydrocarbon Storage Facility Permit. Associated fees will be the responsibility of the Owner(s). 8. Provide construction phase services including review of submittals and pay requests, periodic site observations and reports, issue change orders, respond to requests for information, and final punch list with follow -up if necessary. Fees for the above services will be a stipulated sum of $48,000, payable on a monthly basis or at the percentage of completion at the end of each phase. Expenses of reproduction and costs on behalf of the Owner(s) will be invoiced at direct cost plus 1O%. As a basis of compensation I am taking into consideration all the services listed in this letter and the attached. Work Plan. While I do not at this time have firm signed proposals from all of my consultants, I anticipate the following is a very close approximation of fee breakdown: Architecture i- Planning $30,500 Structural Engineering $ 1,100 MEP Engineering $ 3,900 Special Consulting (Fuel & Wash) $12,500 We appreciate this opportunity to work with the City of Round Rock. If the above is acceptable to you we are prepared; to execute an Owner- Architect Agreement and begin work iru mediately. Respectfully Submitted, 02- 0211995 •12 :43PM THE BRIMBLE GROUP 5124780920' P.04 ARCHITECTURE + PLUS Architecture, planning & interiors PROJECT BUDGET ANALYSIS JOINT USE VEHICLE WASH and FUELING FACILITIES February 2, 1995 Fueling Building (Pre -engineered): Building 6,750 SF ® $ 12.00 /SF = $ 81,000.00 Tanks (10,000 gal) ea 0 $ 27,000 ea = $ 54,000.00 Equipment 1 LS ® $ $110.000.00 $245,000.00 Wash Facility Building (Pre- engineered w /CMU partitions): Building 5,700 SF ® $ 18.00 /SF = $102,600.00 Pressure Bus Wash . 1 ea @ $ 15,000 ea = $ 15,000.00 Pressure Auto .Wash 1 ea 0 $ 7,000 ea = $ 7,000.00 Pressure Wash, dbl. bay 2 ea 0 $ 6,000 ea = $ 12,000.00 Booms 1 LS @ $ 2,000 LS = $ 2,000.00 Water. Reclaim System 1 ea 0, $ 35,000 ea = $ 35,000.00 Water Softener, Pumps 1 LS ® $ 14,000 ea = $ 14,000.00 Two Year Warranty 1 LS 0 $ 10,000 ea = $ 10.000.00 $197,600.00 Paving: Asphalt Paving Curb and Gutter Drainage Storm ' Sewer Irilets 6,965 SY $ 20.00 /SY = 970 LF Q $ 8.40 /LF = 450 LF @ $ 11.00 /LF = 4 ea ® $197.00 /LF = g: .1 LS Contingency: • 1 LS Subtotal: Miscellaneous Costs: Architectural 7% Civil Engineering (est.) Agency & Misc. Costs (allowance) $6,000 LS = $ LS VEHICLE WASH . and FUE] NG FACILITIES TOTAL 1907 N. Lamar, Sze. 260 Austin, Texas 78705 (512) 478 -0970 $139,300.00 $ 8.160.00 $147,460.00 $ 13,500.00 $ 10,000.00 $ 23,500.00 $ 6,000.00 $ 64.700.00 $684,260.00 48,000.00 9,300.00 17.800.00 $ 75,100.00 $759,360.00 02 -02 71995 13:44PM FIRM INTRODUCTION ARCHITECTURE + PLUS 1907 N. Lamar, Ste. 260 Austin, Texas 78705 (512) 478 -0970 FAX 478 -0920 PRINCIPALS STAFF HISTORY OF FIRM: ARCHITECTURE ..+ PLUS THE BRIMBLE GROUP 5124780920 P.05 Betty J. Trent, A.I.A. Mac Ragsdale, A.I.A. 1 Intern Architect 2 Cadd Operators 1 Clerical 6 total FIRM CLASSIFICATION Sole Proprietorship RBE (R'onlan Owned I3usiness Enterprise) Certified by the City of Austin, and the State of Texas Dypartment'of Commerce (I{C- 1008), B. J. Trent, Architect 1987 Mac. Ragsdale, A.I.A. 1987 ARCHITECTURE + PLUS 1988 02-0271995 1?,:44PM • FIRM EXPERIENCE AND QUALIFICATIONS FIRM EXPERIENCE AND QUALIFICATIONS: The Architecture + Plus staff has extensive experience in various types of facilities including commercial, industrial, institutional and medical for both public and private clients. Our project experience with public entities includes the City Austin, City of Georgetown, State of Texas, Round Rock and Austin Independent School Districts as well as Travis County. The Architecture + Plus staff also bas extensive experience in both vehicle maintenance facilities and administrative office buildings. Many projects have also involved planning for multiple departments, such as the City of Austin's Joint -Use Facility for the Police and Fire departments, and Travis County's renovated facilities for the Sheriff, Tax Collector and Clerk. These projects have been successfully accomplished within the budgets and time frames established. We shall undertake the necessary research to generate the best design solutions, and examination of our documents of previous projects will reveal a high level of thoroughness and attention to detail. Additionally, our AUTOCADD capabilities will allow us to interface with our engineers, as well as give greater flexibility to generate design solutions. The collective knowledge and experience of this fine fills the requirements for this very specialized project: Industrial building design capability; expertise in building code and life safety; involvement in numerous public building projects; and experience in dealing with public agencies ' from design through construction. CARD .CAPABILITIES: Using AUTOCADD, version 12 and 13, Architecture 7 Plus has successfully completed over 500,000 square feet of documentation of projects utilizing AUTOCADD. Architecture + Plus maintains 3 AUTOCADD stations as well as utilizing Word Perfect &0 for word processing. LIFT; SAFETY AND CODE EXPERIENCE: The principals of Architecture + Plus have particular expertise in life safety and building codes, as well as the Americans with Disabilities Act (ADA). Most recently, Architecture + Plus has been commissioned by the Texas Department of Licensing and Regulation to perform plan reviews for compliance with handicapped regulations. Involvement with projects for various jurisdictions keeps the firm current with the Model codes such as Uniform Building Code, Standard Building Code, and life Safety NFPA 101. ARCIIYrECTURE .+ PLUS THE BRIMBLE GROUP 5124780920• P.06 02 -02 -1995 1Q :.45PM THE BRIMBLE GROUP BETTY J. TRENT, A.I.A. Principal EDUCATION North Carolina State University Bachelor of Environmental Design in Architecture, 1977 REGISTRATION Texas Board of Architectural Examiners R #12300 Missouri Board of Architectural Examiners R # A-4365 N.C.A.R.B. Certification PROFESSIONAL Member, American Institute of Architects AFFILIATIONS Commissioner, Austin Chapter A.I.A. President Elect, Austin Chapter A.I.A. Member, Texas Society of Architects Member, National Fire Protection Assoc. ARCIUTECTURE + PLUS 5124780920' P.07 EXPERIENCE AND As the Principal of Architecture + Plus, Ms. Trent has experience in QUALLFICATIONS a wide variety of municipal and administration facilities in central Texas.. She has worked with programming and design of these and other facilities requiring strict environmental controls, security provisions, and functional solutions. Most recently, she has been the Principal in Charge for the remodeling of the City of Austin's Water and Wastewater Offices, Dove Springs Park and Pool for the City of Austin, and a new Transportation Facility for the Round Rock Independent School District. Ms. Trent has over fourteen years experience in both new projects and projects combining departments, such as the City of Austin's Joint -Use Facility for the Police and Fire Departments and Travis County's renovated facilities for the Sheriff and Tax Collector. She has experience in feasibility studies for new and renovated facilities such as the proposed expansion of the offices for the Travis County Medical Society, the expansion of the Teacher's Retirement System Office Building, and the renovation of the Offices for the Travis County District Attorney. 02 -02 -1995 1-2:45PM MAC RAGSDALE, A.I.A. Principal EDUCATION University of Texas at Austin, Austin, Texas Bachelor of Architecture with High Honors, 1977 Special Studies: Winedale Seminar (Historic American Buildings Survey) Texas Board of Architectural Examiners, Reg. # 8610 NCARB Certified, No. 41,837 Member, American Institute of Architects Member, Austin Chapter AIA Member, Texas Society of Architects Member, National Trust for Historic Preservation Member, International Conference of Building Officials (ICBO) EXPERIENCE AND Mr. Ragsdale has over 15 years of experience in the practice of QUALIFICATIONS Architecture. He serves as a principal with. Architecture + Plus, and has managed a broad range of project types for both public and private clients. He has been involved with commercial, educational, health care, institutional, industrial/manufacturing, and governmental projects ranging in construction value from less than $100,000 to over $20,000,000.00. His involvement in many of these projects has spanned from initial programming and design through construction and project closeout so that continuity and quality control is assured through all phases. Applicable project experience includes the following: Round Rock ISD Transportation Facility Aus -Tex Printing and Mailing C-9B Maintenance Hangar, NAS Dallas Wedgewood Postal Station and Vehicle Maintenance In addition to the traditional project Architect roles, Mr. Ragsdale has preps and evaluated project analysis, facilities programs, and planning documents, and has assisted clients in site selection and acquisition. He has successfully managed both design/build and fast track projects with . primary responsibility for coordinating the team effort. With his experience in value engineering, life cycle cost analysis, and post occupancy evaluation, Mr. Ragsdale would be a valuable addition on any project team seeking cost effective solutions. REGISTRATION PROFESSIONAL AFFILIATIONS ARCHITECTURE + PLUS THE BRIMBLE GROUP 5124'780920' P.08 512-0295 12 ; 46PM SELECTED PROJECT EXPERIENCE ARCHITECTURE .+ PLUS THE BRIMBLE GROUP 5124780920" P.09 The experience of Architecture + Plus principals in service center/industrial type projects and administrative offices includes the following: ROUND ROCK I.S.D. TRANSPORTATION FACILITY Round Rock, Texas Cost: $900,000 Description: 10,000 SF bus maintenance facility with 4 bay service garage, administrative offices, training ares and dispatch. Site includes fueling station, wash bays and parking for over 100 buses on 5 acres. Documents complete, construction pending. ST. ELMO SERVICE CENTER Austin, Texas Cost: $1,500,000 Description: 20,000 SF vehicle service and maintenance facility for the City of Austin. 15 service bays including a lube pit and hoist pit. Steel frame construction with metal siding and roofing. Project currently under construction. CITY OF AUSTIN JOINT - USE TRAINING FACILITY Austin, Texas Cost: $1,300,000 Descriptions Expansion of existing training complex to include new joint -use building for Police and Fire Departments. Designed for future expansion. TRAVIS COUNTY SHERIFF'S ACADEMY Del Valle, Texas Cost: $650,000 Description: New 10,800 SF building. for Sheriff's training division. Included training rooms, fitness areas with lockers and showers, and administrative offices in mental building type facility. TRAVIS COUNTY FACILITIES RENOVATION - 1010 Lavaca, Austin, Texas: Cost: $1010,000 Description: Complete renovation of existing 5 story office building, total 50,000 SF, to consolidate departments of clerk, tax assessor, and sheriff. AU&TEX :PRINTING AND MAILING Austin, Texas Cost: $1;700;000 Deseriptson:. printing facility with offices and warehouse. 31,000 SF With planned 2$,000 $F future expansion Facility was designed and built in 8 months on a fast tract schedule using metal building technology. 02 -02 -1995 , t a: 46PM ARCHITECTURE + PLUS THE BRIMBLE GROUP SET RCTED PROJECT EXPERIENCE (cored.) 5125780920 P.10 CITY OF AUSTIN DATA CENTER Austin, Texas Cost: $I,900,000 Description: Renovation and space planning for new computer data center in existing office building, 35,000 SF area. Included modular system furniture system, computer equipment coordination, security, structural modifications, and special HVAC system. WEDGEWOOD STATION/VEHICLE MAINTENANCE FACILITY Ft. Worth, Texas Cost: $2,500,000 Description: 20,000 SF district postal station with separate vehicle maintenance building. Maintenance building includes wash bay, two service bays, and fuel service islands. Design used metal building technology. C -9B AIRCRAFT HANGAR Naval Air Station, Dallas, Texas Cost: $2,800,000 Description: Service and maintenance hangar, shops, offices and warehouse for support of C- 9B military transport aircraft. Facility was designed using metal building technology_ G.T.E. WAREHOUSE Columbia, Mo. Cost: $2,100,000 Description: 30,000 SF warehouse and 10,000 SF office/administradon building for the support of telephone service. Facility also includes a 4 acre training and service yard. 02- 02- 1995.1Z:47PM REFERENCES Mr. Ronnie Earle Travis County District Attorney P.O. Box 1748 Austin, Texas 78767 (512) 473 -9400 Mr. Tom Hanscom, Director Travis County Sheriff's Support Division 1010 Lavaca Austin, Texas 78704 (512) 473 -9745 Mr. Paul Medrano Project Manager City of Austin Architectural Management Section 505 Barton Springs Rd., Ste. 1045 Austin, Texas 78704 (512) 499 -7141 Mx. Randy Morrow, Director City of Georgetown Parks & Recreation Dept. P.O. Box 409 Georgetown, Texas 78628 (512) 869 -3540 Mr. Tom Phillips Director. of Support'Setvices Round Rock Independent School District 131 Round Rock Ave;: Roun4: Rock, :Texas 78681 (532) 255.4431 CUITECTURE ' ± PLUS THE BRIMBLE GROUP 5124780920 P.11 02 -02 -1995 12 ;47PM THE BRIMBLE GROUP STATEMENT OF INSURANCE INSURANCE Insurance carried by Architecture + Plus to the extent shown below: Professional Liability $250,000 Deductible $ 5,000 Agent: Bill Russell Inc. P.O. Box 9588 Austin, Texas 78766 (512) 343 -1106 Carrier: CNA/Shinnerer Two Wisconsin cir. Chevy Chase, MD 20815 (301) 961 -9800 5124780929 P.12 General Liability, Commercial Policy $300,000 Medical' Aggregate Limit (per occurrence) $ 10,000 Workman's Compensation Statutory 02 -02 -1995 1.2 ;48PM WORK PLAN THE BRIMBLE GROUP 5124780920 P.13 Following is a listing of specific items which will be undertaken by the A/E, along with expectations from the City and Round Rock ISD staff. PROGRAM DEVELOPMENT AND SCHEMATIC DESIGN PHASE - Evaluate the budget and space needs, assist in program development. - Investigate and gather necessary data including existing facilities, site analysis, and code requirements. - Meet with . the users and staff to assess needs and preferences. - Prepare schedule for completion of the various work phases for approval. - Prepare schematic design documents including drawings and outline specifications to show the general scope and quality of work. This may include a prioritized list of alternatives with associated costs for consideration. - Prepare preliminary estimate of probable cost. - Submit documents for review. - Attend public presentation and provide necessary backup material. Anticipated time to complete phase: 28 days Owner Review: 7 days DESIGN DEVELOPMENT • PHASE - Prepare design development documents based on approved schematic design documents and authorized :adjustments. These will consist of drawings and outline specifications to fix and describe ' the scope of the project as to architectural, site /civil, structural, mechanical/electrical, and other elements as appropriate. - Review documents with authorities having jurisdiction over the project for compliance with their requirements. Includes building codes, life safety, and handicapped accessibility and TNRCC (fuel system only). - Prepare another statement of probable cost. - Submit documents fob review. Attend public presentation and provide necessary backup material. Anticipated time to complete phase: 28 days. Owner Review: 7 days. ARCHITECTURE + PLUS 02 -02 -1995 42 WORK PLAN THE BRIMBLE GROUP CONSTRUCTION DOCUMENTS PHASE - Prepare complete construction documents based on approved design development documents and authorized adjustments. Documents will consist of detailed drawings and specifications sufficient for bidding and construction. - Prepare a detailed statement of probable cost. - Assist in preparation of necessary bid documents. - Assist in filling of documents for approval by authorities having jurisdiction over the project. Anticipated time to complete phase: 42 days. Owner Review: 14 days. BIDDING PHASE 5124780920 P.14 Page 2 Assist in distribution and control of bid documents to qualified bidders. Provide interpretations and clarifications to bidders, and be readily available to assist during the bidding process. This should include a pre-bid conference. Assist county in receipt and evaluation of bids, and advise in award of contract. Anticipated time to complete phase: 28 days. Owner award and notice to proceed: 14 days. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT Hold a pre - constriction conference to exchange information and lay out ground rules for the project. - Perform site visits and written reports at regular scheduled intervals to keep all parties informed of the progress and quality of the work, typically on a weekly.. basis. Consultant visits will be coordinated as appropriate to the stage of construction. lie readily available to render timely interpretations, clarifications, and issue any proposal requests or change orders that may arise. - Review and approve in a timely manner all pay requests, shop drawings and submittals from the contractor. - Perform final inspection(s) and reports and necessary follow -ups. ARCHITECTURE_: +: PLUS 02- 02_195 AZ: 49PM WORK PLAN THE BRIMBLE GROUP 5124`780920 P.15 Page 3 - Facilitate project closeout: Assure that all necessary inspections and approvals have been made; provide Record Documents; review closeout documents such as guarantees, warranties, product data and operating manuals to assure completeness; conduct walk through with facility maintenance staff to review the installation and go over necessary procedures. - Assist during one year warranty period in getting any defects corrected. - Perform 1 year warranty inspection to inspect the work and take any necessary corrective action. Anticipated time to complete phase: 6-8 months. EXPECTATIONS >u'1tOM CITY OF ROUND ROCK ANI) RRISD It is expected that the City and School District will provide the following: - A representative who can be readily contacted for information regarding the project, and who will be responsible for coordination of key personnel. - Any information pertinent to the project including: program/project analysis; built or record documents of similar facilities; site surveys. - Tom, including geotechnical investigation. Particular needs such as construction and maintenance standards such as locking or security systems; housekeeping standard products. - Thorough reviews at end of phase submissions so that all concerns are addressed prior to starting the next phase. ARCHITECTURE +PLUS DATE: February 6, 1995 SUBJECT: City Council Meeting, February 9, 1995 ITEM: 10E. Consider a resolution authorizing the Mayor to enter into an agreement for architectural services for Phase 2 of the Joint City /Round Rock Independent School District Transportation Center. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The RRISD and Round Rock desire to hire the firm of Architecture -Plus to design certain common fueling and vehicle washing facilities at the joint yard site. The description of services, fee breakdown, cost estimate, and schedule are attached. As of February 6, 1995, RRISD has not completed the contract document but it is expected by February 7. Total fees are $48,000, Round Rock is liable for one half of that amount. This AGREEMENT made as of the 7th day of February . 1995 between the Owner: 1.1. SCHEMATIC DESIGN PHASE OWNER - ARCHITECT AGREEMENT /2- 95- 0a- o9 -y/0E Round Rock Independent School District (herein "Owner ") 1311 Round Rock Avenue Round Rock, Texas 78681 and the Architect: Architecture Plus (herin "Architect") 1907 N. Lamar -Suite 260 Austin, Texas 78705 for the following described PROJECT: Joint Use Vehicle Wash and Fueling Facility. As Set Forth On Page 19 of 19. ARTICLE 1 ARCHITECT'S SERVICES AND RESPONSIBILITIES The Architect agrees to perform professional services as herein set out for the Project. The Architect's Basic Services consist of the five phases described in paragraphs 1.1 through 1.5 and include all structural, mechanical and electrical engineering services and any other services included in Article 13 as part of Basic Services for construction. 1.1.1. The Architect, with Owner's assistance, shall provide analysis of the Owner's needs and program the requirements and limitations of the Project. 1.1.2. The Architect shall provide a preliminary evaluation of the program and the Project budget. 1.1.3. The Architect shall review with the Owner alternative approaches to design and construction of the Project. 1.1.4. Based on the mutually agreed upon program, and the Project budget, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components, and a Construction Cost estimate. The construction cost estimate shall be used as the Construction Cost Limitation unless later adjusted upon the written approval of the Owner. 1.1.5. The Architect shall advise the Owner in connection with securing, at Owner's expense, the RR 7/94 Page 1 of 19 services of surveyors, soil engineers or other special consultants to develop such additional information as may be necessary for the design of the Project but which is not available from information provided by the Owner. It is the responsibility of the Architect to verify to his satisfaction any information provided by the Owner, which information is not warranted to be fully correct or up -to -date but is the best information available to the Owner at the time it is provided. 1.1.6. Review existing building and site conditions or make measured drawings of existing construction, including such mechanical, electrical, plumbing and other components as may be required to coordinate proper interfacing of new construction with existing construction. 1.1.7. In collaboration with Owner, establish a schedule of dates for completion of the various phases of his/her work. 1.1.8. Prepare and deliver to Owner a written statement of the probable construction cost. ARCHITECT/ENGINEER shall promptly notify Owner, in writing, if it appears that the project will exceed the Project Construction Budget. 1.1.9. Provide schematic plans in format appropriate for presentation to Owner Board of Trustees. Obtain a resolution of approval of this Phase by the Owner's representative or Board of Trustees, before proceeding to the next phase. 1.2. DESIGN DEVELOPMENT PHASE 1.2.1. 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 documents to fix and describe the size and character of the entire project as to architectural, civil, landscaping, structural, mechanical and electrical systems, material, and such other elements as may be appropriate. 1.2.2. The Architect shall submit to the Owner a revised detailed Construction Cost estimate. 1.2.3. ARCHITECT/ENGINEER shall promptly notify Owner, in writing, if it appears that the project will exceed the Project Construction Budget. 1.2.4. Prepare from the approved Schematic Design Studies, the Design Development Documents consisting of plans, elevations and other drawings and outline specifications, to fix and illustrate the size, character and general appearance of the PROJECT. Collaborate with the Owner regarding materials, equipment, systems, finishes, and methods of construction. 1.2.5. Submit heating and cooling calculations to Owner for review and approval. 1.3. CONSTRUCTION DOCUMENTS PHASE RR 7/94 Page 2 of 19 1.3.1. 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. 1.3.2. 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. 1.3.3. 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. 1.3.4. The Architect shall assist the Owner in obtaining approval of authorities having jurisdiction over the Project. 1.3.5. 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 fixture and equipment, will not exceed the Construction Cost Limitation as approved in writing by the Owner's Board of Trustees. 1.3.6. The Architect, at their own expense, shall furnish all preliminary bid documents, inclusive of all plans, drawings and specifications, as follow: (1) Three sets to the Owner, which copies shall become the property of the Owner. (2) all preliminary bid documents, (3) any and all sets required by the Project Architect and project consultant, and any and all sets furnished to the Owner for review purposes. 1.3.7. Upon completion and approval of construction documents and prior to bidding, submit plans, specifications, and other documents, as required for issuance of a building permit, to governmental authorities having jurisdiction over the PROJECT. 1.4. BIDDING PHASE 1.4.1. 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 evaluation bids or negotiated proposals, and assist in awarding and preparing contracts for construction. 1.4.2. A pre -bid conference open to all bidders, the Owner and the Architect will be arranged by the Architect. RR 7/94 Page 3 of 19 1.5. CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1. 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. 1.5.2. Unless otherwise provided in this Agreement, the Architect shall provide administration of the Contract for Construction as set forth below. 1.5.3. The Architect shall be a 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 Owners 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 extent provided in the Contract Documents. 1.5.3.1. The ARCHITECT and their consultants shall critically review and report to Owner or take other appropriate action upon the Contractor's timely submittals such as Shop Drawings, Product Data and Samples required by the construction documents, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. 1.5.3.2. Critically observe the work performed and materials supplied by the Contractor, to the extent appropriate to determine whether the performance by the Contractor be in conformity with the Contract Documents, and promptly report to Owner any deficiencies identified, together with the ARCHITECT recommendations for correction. 1.5.4. 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 the Work. On the basis of such on -site observations, 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 Owner. A minimum number of visits a week is required as set out herein. 1.5.4.1 The Architect shall coordinate site visits with the Contractors progress schedule and shall keep the Owner informed of the Contractor's progress schedule on a weekly basis. Based on the Project Cost, the following site visits shall occur: (1) less than 1 million dollars, 1 per week (2) 1 million to 2 million dollars, 2 per week (3) 2 million to 5 million dollars, 3 per week (4) 5 million dollars and up, daily RR 7/94 Page 4 of 19 1.5.4.2. The Architect and their Consultants shall meet with the Contractor and/or the subcontractor, and go over each phase of the work which is to begin to make sure all parties have a clear understanding of the work to be performed. This meeting shall occur at a weekly constructed site meeting. 1.5.5. The Architect shall at all times have access to the work whenever it is in preparation or progress. 1.5.6. 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. 1.5.7. The Architect shall determine the amounts owing to the Contractor based on observations at the site, and on evaluations of the Contractors application for Payment, and shall recommend Applications for Payment in such amounts. The recommendation 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 date 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 recommendation 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. 1.5.8. The Architect shall be the interpreter of the technical requirements of the Contract Documents and shall advise of Owner of their opinions 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. 1.5.9. Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. 1.5.10. 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. RR 7/94 Page 5 of 19 1.5.11 The Architect shall have the responsibility to notify the owner of any condition that does not conform to contract documents. The Owner has the 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. 1.5.12. 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. The Architect will notify the Owner of any deviation in the submittals or shop drawings from contract documents. 1.5.12.1. 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. 1.5.13. The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents. The Owner shall have authority on all Change Orders. The Owner shall be notified in writing of any such changes. 1.5.14. 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 recommend a final Certificate for Payment. 1.5.15. The Architect, upon Owner's request and at Owner's expense, shall use a roof consultant selected by the Owner during the design phase. Roof consultant will provide roof related drawings and specifications to be incorporated by Architect into project manual and project drawings. Architect will be responsible for the structure under the roof membrane, for determining what insulation value is necessary for roof system, fire rating requirements, and for coordinating work of the roof consultant with his. 1.5.16. 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. At one of these meetings the principal in charge of the project or contractor will be in attendance. 1.5.17. Promptly upon completion of the work or any earlier termination of this agreement, the Architect at Architect's expense, 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, and 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. 1.5.17.1. Consistent with the Owner's intent and to obtain an accurate set of as -built drawings, the Architect shall require the contractor to provide as- builts, the Architect shall require the contractor RR 7/94 Page 6 of 19 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. 1.5.17.2 Final payment shall not be due the Architect until the Architect has complied with 1.5.17. and 1.5.17.1. 1.5.17.3 On projects where Owner employs full -time Project Manager to provide on -site observation, the ARCHITECT/ENGINEER shall coordinate its observations with this Owner representative; however, this shall not diminish the ARCHITECTS/ENGINEER'S responsibilities to critically observe the work in progress, nor to follow established procedures in the handling of submittals, applications for payment, change orders, etcetera, or the Contractor's requests for information, clarification or assistance. 1.5.18. 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 known at that time. 1.6. PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.6.1. If Owner and Architect agree that more extensive representation at the site than is described in Article 1.5 is needed, the Architect shall provide one or more project representatives to assist the Architect in carrying out such responsibilities at the site. 1.6.2 Such project representative shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefore as Additional Services. 1.7 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: 1.7.1 Providing detailed quantity surveys or inventories of materials, equipment and labor. 1.7.2. Providing interior design or similar services required for or in connection with the selection, procurement or installation of furniture, fumishing and related equipment, not included as part of Owner's construction program. 1.7.3 Making 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, RR 7/94 Page 7 of 19 of which the Architect reasonably could not be aware, or are due to other causes not solely within the control of Architect. 1.7.3.1. Making revisions in drawings or specifications as requested by Owner not under the original scope of this work. For items falling under the original scope of work there are no additional services. 1.7.4 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. 1.7.5 Providing services relative to future facilities, systems and equipment which are not intended to be constructed during Construction Phase, unless such services are included under this contract. 1.7.6 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and fumishing services as may be required in connection with the replacement of such Work. 1.7.7 Providing services made necessary by the default of the Contractor under the Contract for Construction. 1.7.8. Preparing to serve or serving as an expert witness at the request of the Owner in connection with any public hearing or legal proceeding. 1.7.9. The ARCHITECT/ENGINEER shall provide at the request of the Owner, if the project is a remodel or addition, a schematic floor plan of the building or school as a whole on a CAD disk and/or a mylar. The drawing shall be detailed as to room size and functions, showing all doors, windows, etc. No Electrical or mechanical is required unless it is part of the original scope of work. 1.8. TIME 1.8.1 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. 1.8.2 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: The following doe not include review time for City of Round Rock & RRISD: (1) Schematic Design Phase shall be complete within 28 days from notice to proceed. (2) Design Development Phase services shall be complete within 28 days from notice to proceed. (3) Construction Documents Phase services shall be complete within 56 days from notice to proceed. RR 7/94 Page 8 of 19 (4) Bidding Phase services shall be complete within 28 days from notice to proceed. ARTICLE. 2 THE OWNER'S RESPONSIBILITIES 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 expandability, 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 shall designate a person as its representative authorized to act in the Owners behalf with respect to the construction phase of the Project. The Owners 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. The Owner may change it's designated representative from time to time. 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, alley, pavements and adjoining property; rights -of -way, restrictions, easements, encroachments, deed restrictions, boundaries and contours of 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 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, in the Owner's opinion, 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. ARTICLE 3 CONSTRUCTION COST - - DEFINITION 3.1. The Construction Cost shall be the total 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 RR 7/94 Page 9 of 19 Article 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 by 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 Article 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: (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; (2) Authorize rebidding or renegotiating of the Project within a reasonable time; (3) Abandon the Project and terminate this Agreement, in which case the Architect's fee shall be calculated based upon the percentage of work actually completed by the Architect. (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. ARTICLE 4 REIMBURSABLE EXPENSES 4.1. Reimbursable expenses are actual expenditures made by the Architect and Architect's employees in the interest of the project for the expenses listed in the following subparagraphs: 4.1.1. Expense of transportation or living except when performing any Basic service in this agreement. Approval must be received from Owner prior to this expenditure. 4.1.2. Expense of data processing and photographic production techniques when used in connection with Additional Services. 4.1.3. Expenses of models and mock -ups requested by the Owner, not a part of basic services. 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, or revisions required by governing entities. RR 7/94 Page 10 of 19 ARTICLE 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 Article 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 Article 12, based on (1) the lowest bona fide bid or negotiated proposal, or (2) the last detailed estimate of construction cost for such portions of the Project, whichever is lower. 5.2. PAYMENTS FOR ADDITIONAL SERVICES AND 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 Architects 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 Architects compensation may be equitably adjusted upon agreement of the parties. RR 7/94 Page 11 of 19 ARTICLE 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 authorized representatives for the district may review and audit these records 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. ARTICLE 7 OWNERSHIP AND USE OF DOCUMENTS 7.1. Original drawings and specifications are the property of the Architect; however, in accordance with Article 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 rebuilding, renovations, modifications, maintenance, 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. ARTICLE 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. RR 7/94 Page 12 of 19 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. ARTIC 9 GENERAL PROVISIONS 9.1 The obligations and undertakings of each of the parties to this Agreement shall be performable in Williamson County, Texas and shall be governed by the laws of the state of Texas. 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 be in no affected, impaired or invalidated. ARTICI,F 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 of Work covered in this agreement without the written consent of the other. 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. 12.1. BASIC COMPENSATION ARTICLE 11 EXTENT OF AGREEMENTS ARTICLE 12 BASIS OF COMPENSATION 12.1.1 For BASIC SERVICES as described in Articles 1.1 through 1.5, and any other Services, Contract is based on a flat fee of an an approximate percentage of 7% of the estimated total of construction costs $684.260.00 ." (Construction Cost Limitation) as established by the Board of Trustees.Total fee for basic Services shall be $ 48.000.00. 12.1.2 Payments for Basic Services shall be made as provided in Article 5, so that Basic RR 7/94 Page 13 of 19 Compensation for each phase shall equal the following percentages of the total Basic Compensation payable: Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: 15% -$ 7,200.00 20% -$ 9,600.00 35% 416,800.00 5% -$ 2,400.00 25% - $12,000.00 12.2 COMPENSATION FOR ADDITIONAL SERVICES 12.2.1 For ADDITIONAL SERVICES of the Architect and any other services identified in Article 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: Mac Ragsdale and Betty Trent For the time of employees (other than Principals): $55.00/Hr- Registered Architect, $45.00/Hr- Draftsman/CAD Technician, and $35.00/Hr- Clerical /Support By mutual consent no Professinal Change Orders will be allowed unless the changes should exceed 10% of the total project budget or the scope of work. 12.2.2 For ADDITIONAL SERVICES OF CONSULTANTS, a multiple of 0.00 times the amounts billed to the Architect for such services. 12.3. For REIMBURSABLE EXPENSES as described in this agreement 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. 13.3 Liability Insurance ARTICLE 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. 13.3.1 The Architect shall maintain professional liability insurance coverage as follows: RR 7/94 Page 14 of 19 Throughout the period of the Architect's responsibility under the 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 $ -0- with a deductible of not more than $ 0- 13.3.2 The Architect shall provide Owner a copy of the insurance policy and a certificate of insurance 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 until after Owner shall have received written notice by certified or registered mail. 13.3.5. Owner procured design liability insurance If the Owner notifies the Architect, in writing, that Owner has acquired design professional liability insurance coverage for the project the subject of this agreement, then the Architect, engineers, and other design consultants shall pay to Owner the amount of design liability insurance premiums they would have had to pay for their standard liability coverage on this project, to the extent that each insurer acknowledges the Owner's liability coverage as superseding their standard coverages. 13.4. 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. 13.5. 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. 13.6. Civil Engineering. As a part of Basic Services, the Architect shall be responsible for the scheduling and timely completion of civil engineering and landscaping design, for coordination of civil design with the facility design, and for construction contract administration on civil and landscaping work. The Architect shall be compensated for such scheduling, coordination and contract administration services as a part of the fixed fee for Basic Services. Prior to the execution of this Agreement, the Owner shall inform the Architect whether the civil engineer's services will be performed as a consultant to the Architect, or under contract with the Owner. RR 7/94 Page 15 of 19 13.6.1 NOT USED: If the Architect contracts with the civil engineer, 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 Architect's estimate of the cost to provide civil design and to obtain requisite regulatory approvals, the Owner will approve, in writing , a not -to- exceed amount for civil engineering services. A written Professional Services Change Order must be obtained by the Architect should services be required in excess of such proved amount. 13.6.2 If the Owner contracts with the civil engineer, the Architect shall remain responsible for scheduling and coordination of the civil design and for contract administration of the civil work, as a part of Basic Services. The Owner shall direct the civil engineer to submit monthly fee statements to the Architect, who shall promptly review and take action on such fee statements, and transmit them to the owner. The Architect's approval of a fee statement constitutes a representation by the Architect to the Owner, based on the Architect's consultation with the engineer, that the engineer's work has progressed to the point indicated, and, to the best of the Architects's knowledge, information and belief, that the engineer is entitled to payment in the amount approved. 13.7. The ARCHITECT/ENGINEER and its consultants will design all work in compliance with the American With Disabilities Act. 13.8. The ARCHITECT/ENGINEER and its consultants, if doing a remodel or addition to an existing building or school, shall physically visit the building or school and familiarize themselves with such building or school to enable them to make sure all items specified will match or work with existing items or if necessary they shall replace, repair, or upgrade such items to ensure a cohesive marriage of the old with the new. They further shall ensure that all such buildings or schools are in accordance with current codes and meet all current life safety standards. 13.9. No examination, inspection, approval, acceptance, or payment by Owner shall excuse ARCHITECT /ENGINEER from performing his/her undertaking hereinunder in strict accord with those standards of knowledge, judgment, care and diligence generally adhered to by persons legally practicing its profession within the State of Texas. 13.10. ARCHITECT/ENGINEER shall cooperate with other consultants which may be contracted directly by Owner in order to promote reasonable coordination of the services. 13.11. Dispute Resolution. If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to either party pursuing other available remedies. If a dispute involves the Contractor, the parties agree the following procedure may include the RR 7/94 Page 16 of 19 Contractor as a party. 13.1.1. Informal negotiations. A meeting shall be held promptly between the parties, attended by individuals with decision - making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. 13.11.2 Optional Neutral Third Party Expert. If resolution is not readily achieved by informal negotiations, the parties may agree to select a neutral third party to assist in resolution of the dispute before proceeding with formal mediation. If used, the neutral third party (NTP) shall be a person with expertise m the subject matter of the dispute and in the interpretation of contract documents, who is immediately available and who is acceptable to the parties. Depending on the nature of the dispute, the NTP may be a team of persons possessing the necessary expertise. 13.11.3. If a NTP is selected, the role of the NTP shall be defined by agreement of the parties, based on the nature of the dispute. It is intended that the NTP shall conduct a prompt on -site investigation and an informal hearing of the parties' positions, and render oral recommendations for resolution of the dispute, to the end that the parties may resolve the dispute expeditiously with a minimum of expense. 13.11.4 If a NTP is used, the recommendations of the NTP shall not be binding on any party. The fees and expenses of the NTP shall be shared equally by the parties to the dispute. The owner shall pay the invoices of the NTP after review by all parties. The owner will then bill the other party or parties for the remaining share(s) of such invoice. It is agreed that, if prompt payment of a parties' share of such invoice is not made, the owner may set off the amount of such unpaid share against amounts owed by owner to the party. 13.11.5. Formal Nonbinding Mediation. If, within 30 days after such meeting (or after the NTP process, if used), the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to formal, nonbinding mediation and to bear equally the costs of the mediation. 13.11.6. The parties will jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the Center for Public Resources if they have been unable to agree upon such appointment within 20 days from the conclusion of the negotiation or NTP period. 13.11.7. The parties agree to participate in good faith in the mediation and negotiations related thereto for a period of 30 days. If the parties are not successful in resolving the dispute through mediation, then the parties may agree to submit the matter to binding arbitration or a private adjudicator, or any party may seek an adjudicated resolution through the appropriate court. 13.11.8. At all times during the course of the dispute resolution process, the Architect shall continue diligently and without delay to perform the services and obligations of the Owner - Architect Agreement. RR 7/94 Page 17 of 19 13.12. The Term "Architect" as used herein shall refer to the design professional contracting with the Owner hereby, whether that be an architect or an engineer, and shall include the design professional's consultants and subcontractors. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement, the day and year first above written. ARCHITECT: Title OWNER: CITY OF ROIJND ROCK/ D ROCK ISD By City of of d Rock Title: 1 i I AyoR B Round Ro k ISD Title: RR 7/94 Page 18 of 19 ARCtutr,CTURE + PLUS Architernue. Planning & Interiors PROJECT BUDGET ANALYSIS. JOINT USE VEHICLE WASH and FUELING FACILITIES February 2, 1995 Fueling Building (Pre - engineered): Building 6,750 SF Tanks (10;000 gal) ea Equipment 1 LS Wash Facility Building (Pre-engineered w /CMU Building 5,700 SF 62 Pressure Bus Wash 1 ea Pressure Auto Wash Pressure Wash, dbl. bay Booms Water, Reclaim System Water Softener, Pumps Two Year Warranty Pavbag: Asphalt Paving Curb and Gutter Drainage: Storm Sewer Inlets Landscaping: Contingency: SWitotak . 1 ea 2 ea 1 LS l ea 1 LS 1 I 450 LF 4ea • $ 12.00 /SF = ® $ 27,000 ea = a $ a a a a Miscellaneous Costs: Architectural 7% Civil Engineering (est.) Agency & .Misc. Costs' (allowance) partitions): $ 18.00 /SF $ 15,000 ea = $ 7,000 ea $ 6,000 ea $ 2,000 LS = $ 35,000 ea = $ 14,000 ea = $ 10,000 ea 6,965 SY @ $ 20.00 /SY — 970 LF @ $ 8.40 /LF - $ 11.00/LF = $197.00/LP 1 LS @ - $ 6,000 LS = 1 LS $ LS = VEHICLE WASH and FUELING FACILITIES TOTAL 1907 N. Lamar, Ste. 260 Austin, Texas 78705 (512) 478 $ 81,C00.00 $ 54,000.00 $110.000.00 $245,000.00 $102,600.00 $ 15,000.00 $ 7,000.00 $ 12,000.00 $ 2,000.00 $ 35,000.00 $ 14,000.00 $ 10.000.00 $197,600.00 3139,300.00 $ 8.1 $147,460.00 $ 13,500.00 $ 10.000.00 $ 23,500.00 $ 6,000.00 $ 64,700.00 3684,260.00 48,000.00 9,300.00 17.800.00 $ 75,100.00 $759,360.00 Page 19 of 19 Mayor Charles Culpepper Mayor Pro-tem Robert Stinks, Council Members Rod Morgan Rick Stewart Furl Palmer Martha Chaves Jimmy Joseph City Manager Robert L. Bennett. Jr. City Attorney Stephan L. Sheets February 27,1995 Mac Ragsdale, AIA Principal Architecture Plus 1907 N. Lamar, Suite 260 Austin, TX 78705 Dear Mr. Ragsdale: Enclosed is a fully executed agreement with Architecture Plus for your files. If you have any questions, please do not hesitate to call. Sincerely, ``��2 Joanne Land Assistant City Manager/ City Secretary Enclosure THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Fax 512-255-6676 1- 800. 735 -2989 (TDD) 1-800-735-2988 (Voice) Mayor Charles Culpepper Mayor Pro•tem Robert Stluka Council Members Red Morgan Rick Stewart Earl Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett. Jr. City Attorney Stephan L. Sheets February 27,1995 Dr. Tom Norris Superintendent Round Rock Independent School District 1311 Round Rock Avenue Round Rock, TX 78681 Dear Dr. Norris: Enclosed is a fully executed agreement with Architecture Plus for your files. If you have any questions, please do not hesitate to call. Sincerely, cifevnou Joanne Land Assistant City Manager/ City Secretary Enclosure THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512- 255 -3612 Fax 512- 255 -6676 1. 800 - 735- 2989(TDD) 1- 800 - 735 -2988 (Voice) Mayor Charles Culpepper Mayor Pro -lem Robert Stluka Council Members Rod Morgan Rick Stewart a,1 Palmer Martha Chavez Jimmy Joseph City Manager Robert L. Bennett, Jr. City Attorney Stephan L. Sheets February 14, 1995 Mac Ragsdale, AIA Principal Architect + Plus 1907 N. Lamar, Suite 260 Austin, TX 78705 Dear Mr. Ragsdale: Resolution No. R- 95- 02- 09 -10E was approved by the Round Rock City Council on February 9, 1995. Enclosed is a copy of the resolution for your files. If you have any questions, please do not hesitate to call. Sincerely, YuYvKLAAL6U Joanne Land Assistant City Manager/ City Secretary Enclosure THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512-255-3612 Fax 512 -255 -6676 1. 800 - 735 -2989 (TDD) 1- 800 -735 -2988 (Voice)