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R-97-09-25-13F - 9/25/1997WHEREAS, the City of Round Rock desires to retain architectural services for the design of the recreation center, and WHEREAS, Spencer Godfrey Architect, has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Spencer Godfrey Architect, 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 Spencer Godfrey Architect for architectural services for the design of the recreation center, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of September, 1997. ATTEST: �/. /L JL _ E LAND, City Secretary A•\ WPDOC .S \RESOLVII \RS70925P.WPD /SC9 i RESOLUTION NO. R- 97- 09- 25 -13F CHARLES CULPE PPER, Mayor City of Round Rock, Texas T H E A M E R I C A N AGREEMENT Standard Form of Agreement Between Owner and Architect made as of the Tenth Nineteen Hundred and BETWEEN the Owner: (Name and address) Ninety, Seven I N S T I T U T E O r A R C H I T E C T S AIA Document B141 1987 EDITION - THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The City of Round Rock 312 E. Street Round Rock, Texas 78664 , _ and the Architect: Spencer Godfrey Architects (Name and address) 1106 South Mays, Suite 120 Round Rock, Texas 78664 The Owner and Architect agree as set forth below. day of September For the following Project: (Include detailed descnplion of Project, location, address and scope) A new multi - purpose, multi -use free standing community recreation center. Construction to be of steel frame, masonry veneer, slab on grade (as allowed by soil geology) with a sloped standing seam metal roof. Anticipated budget is approximately 2.2 million dollars. The approximate size of the proposed construction is 25,0000 square feet based upon current average construction costs for similar facilities. The actual project budget will be determined at the conclusion of schematic design. The project is to be built in the northwest corner of Old Settlers Park at Palm Valley on a plot of land near CR113.. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.0 20006 Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright lows and is subject to legal prosecution. in the year of B141 -1987 1 t r EDITOR'S NOTE From time to time, the AIA makes minor corrections and clarifications in its documents as they are reprinted. Changes in the 7/88 reprinting of the 1987 edition of B141 were made in Subparagraphs 2.6.1 and 11.3.2. Changes in this 6/92 reprinting were made in Subparagraph 2.6.10 and Paragraph 4.5. See Section C of the Instruction Sheet for a detailed description of these changes. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services per- formed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those descnbed in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal struc- tural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each m terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed -upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docu- ments consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such other elements as may be appropriate 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based' on the approved Design Development Docu- ments and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifica- tions setting forth in detail the requirements for the construc- tion of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- tions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with . the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. w ro 2.5 BIDDING OR NEGOTIATION PHASE +� 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate g ' of Construction Cost, shall assist the Owner in obtaining bids 7 or negotiated proposals and assist in awarding and preparing contracts for construction. ^ 11 2.6 CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's tesponsibility to provide Basic Services for the Construction Phase under this Agreement commences 13 4 with the award of the Contract for Construction and termi- nates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substan- tial Completion of the Work, unless extended under the terms of Subparagrah 10.3.3 2.6.2 The Architect shall provide administration oft e Con- tract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. 2.6.3 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not be unreasonably withheld. MA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D.C.20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B141r 2 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (1) during construction until final payment to the Contractor is due, and (2) as an Additional Ser- vice at the Owner's direction from time to time during the cor- rection period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Owner and Architect in writing to become generally familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a man- ner indicating that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on.site inspections to check the quality or quantity of the Work. On the basis of on -site observations as an architect, 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. (More extensive site representation may be agreed to as an Additional Service, as described in Paragraph 3.2) The Architect's visits to the site will occur weekly. 2.6.6 The Architect shall not have control over 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, since these are solely the Contractor's responsibility under the Contract for Construction The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accor- dance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contrac- tor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been spe- - cially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Archi- tect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall consti- tute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Pay- ment, that, to the best of the Architect's knowledge, informa- tion and belief, the Work has progressed to the point indicated t,azid the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents / 'upon Substantial Completion, to results of subse- quent test" and Inspections, to minor deviations from the Con- tract Do ments correctable prior to completion and to spe- cific qual ficatons expressed by the Architect. The issuance of a Certified e for Payment shall further constitute a representation that the Contractor is- entitled to payment in the amount certi- fied. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (I) made exhaus- tive or continuous on -site Inspections to check the quality or 3 B141-1987 quantity of the Work, (2) reviewed construction means, meth- ods, techniques, sequences or procedures, (3) reviewed copses of requisitions received from Subcontractors and material sup- pliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authonty to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementa- tion of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Docu- ments, whether or not such Work is fabricated, installed or completed I low ever, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exer- cise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other per- sons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the con- struction of the Owner or of separate contractors, while allow- ing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not con- ducted for the purpose of determining the accuracy and com- pleteness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional cenifacation of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials, systems or equip- ment will meet the performance criteria required by the Con- tract Documents. 2.6.13 The Architect shall prepare Change Orders and Con - struction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3 1.1 and 3.3 3, for the Owner's approval and execution In accordance with the Contract Documents, and may authonze 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. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive and forward to the Owner for the Owner's review and records written warranties and related documents required by the Contract Documents and assem- bled by the Contractor, and shall issue a final Certificate for Pay- ment upon compliance with the requirements of the Contract Documents. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • MA° '• 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D,C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- cerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from thc Contract Documents and shall be in writing or in the form of drawings When making such interpretations and itutial deci- sions, the Architect shall endeavor to secure faithful perfor- . mance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in the Contract Documents. • 2.6.18 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in ques- tion between the Owner and Contractor relating to the execu- tion or progress of the Work as provided in the Contract Documents. 2.6.19 The Architect's decisions on claims, disputes or other matters, including those in question between the Owner and Contractor, except for those relating to aesthetic effect as pro- vided in Subparagraph 2.6.17, shall be subject to arbitration as provided in this Agreement and in the Contract Documents. 3.1 GENERAL ARTICLE 3 ADDITIONAL SERVICES 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services The services described under Paragraphs 3 2 and 3.4 shall only be provided if authorized or confirmed in wrmng by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to com- mencing such services If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect If the Owner indicates in writing that all or part of such Contingent Addi- tional Services are not required, the Architect shall have no obli- gation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is descnbed in Subparagraph 2 6 5 is required, the Architect shall provide one or more Project Representatives to assist in carry- ing out such additional on -site responsibilities 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect The duties, responsibilities and limitations of authority of Project Representatives shall be as descnbed in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. C AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C. 20006 3.2.3 Through the observations by such Project Represen- tatives, the Architect shall endeavor to provide further protec- tion for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made neces- sary by adjustments in the Owner's program or Proj- ect budget; .2 required by the enactment or revision of codes, laws • • or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's fail- ure to render decisions in a timely manner 3.3.2 Providing services required because of significant changes in the Project including, but not lunned to, size, qual- ity, complexity, the Owner's schedule, or the method of bid- ding or negouatmg and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Prepanng Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services fn connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substi- tutions proposed by thc Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and fur- nishing services required jn connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.9 Prepanng documents for altemate, separate or sequential bids or providing services In connection with bidding, negotia- tion or construction prior to the completion of the Construc- tion Documents Phase 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and program- ming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or com- parative studies of prospective sites - WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordi- nation of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a con- struction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, fumishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces 3.4.15 Making investigations, mventones of matenals or equip- ment, or valuations and detailed appraisals of existing facilities 3.4.16 Preparing a set of reproducible record drawings show- ing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Cer- tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 3.4.19 Providing services of consultants for other than archi- tectural, structural, mechanical and electrical engineering por- tions of the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. * ARTICLE 4 OWNER'S RESPONSIBILITIES * Refer Article 12 4.1 The Owner shall provide full information regarding requirements for the Protect, including a program which shall set forth the Owner's objectives, schedule, constraints and cri- teria, mcludmg space requirements and relationships, flexi- bility, expandability, special equipment, systems and site requirements. 5 B141 -1987 4.2 The Owner shall establish and update an overall budget for the Project, includmg the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 If requested by the Architect, the Owner shall furnish eLi- dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions, in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly, and sequential progress of the Architect's services. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restric- tions, boundaries and contours of the site; locations, dimen- sions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark 4.6 The Owner shall furnish the services of geotechnical engi- neers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resis- tivity tests, including necessary operations for anticipating sub- soil conditions, with reports and appropriate professional recommendations. 4.6.1 The Owner shall furnish the services of other consul- tants when such services are reasonably required by the scope of the Project and are requested by the Architect. 4.7 The Owner shall fumish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4 8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents 4.11 The proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifica- tions that would require knowledge or services beyond th scope of this Agreement. MA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA® • ©1980 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D.0 200 " V�� ` WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION • 5.1.1 The Construction Cost shall be the total cost or esti- mated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided Corby the - Architects plus a reasonable forthe .tractors overhead -and profit - -In addition,- a reasonable-allow- ance for contingencies shall be included for market cendidorls at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights -of -way, financing or other costs which are the'respon- sibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Con- struction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that nei- ther the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- vided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 if the Project is abandoned, terminate in accordance ` with Paragraph 8.3; or .4 cooperate in revising the Project scope and quality as required to 'educe the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5 2 4 4, the Architect, without additional charge, shall modify the Con- tract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance With this - Agreement for all services performed whether or not the Cdnstmetion Phase is commenced. 5: Refer Article 12 ARTICLE 6 - USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings, Specifications and other documents pre- pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including repro- ducible copies, of the Architect's Drawings, Specifications and other documents for informauon and reference in connection with the Owner's use and occupancy of the Project. The Archi- tect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compen- sation to the Architect. 6.2 Submission or distnbution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- tion of the Architect's reserved rights. *ARTICLE 7 ARBITRATION * Refer Article 12 1 Claims, disputes or other matters in question between par -. to this Agreement arising out of or relating to this : ee ment o .reach thereof shall be subject to and decid - . by arbi- tration in . cordance with the Construction In.. try Arbitra- tion Rules of • e American Arbitration Assoc' on currently m effect unless the ..vies mutually agree ot. rwise. 7.2 Demand for arbit • ion shall b 'led in writing with the other party to this Agree -nt . + with the American Arbttra- uon Association. A demand ,- rb'tration shall be made within a reasonable time after , cl.' dispute or other matter in question has arisen. In .. event shal • e demand for arbitration be made after the .ate when institutio of legal or equitable proceedings ba. - on such claim, dispute other matter in question wo . be barred by the applicable statu ... of limitations 7.3 N. baratton arising out of or relating to this - anent sh elude, by consolidation, joinder or in any other m.. ner, additional person or entity not a party to this Agreeme AIA DOCUMENT 6141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • @1987 i THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. B141 -1987 cept by written consent containing a specific reference this eement signed by the Owner, Architect, and an . t er person • entity sought to be Joined Consent to ..itration involving dditional person or entity shall -.t constitute consent to arbit . on of any claim, disput - .r other matter in question not describ _ in the written sent or with a person or entity not named or .: ribed • rein. The foregoing agree- ment to arbitrate and other eements to arbitrate with an additional person or emit • my sented to by the parties to this Agreement shall • specifically e •rceable in accordance with applicable 1... in any court having j ' diction thereof. 7.4 The and rendered 6y the arbitrator or arbt ors shall be final , . d judgment may be entered upon it in acto e with icable law in any court having jurisdiction thereof. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT 8.1 This Agreement may be terminated by either patty upon not less than seven days' written notice should the other party fall substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for ser- vices performed prior to notice of such suspension. When the Project is resumed, the Architect's compensation shall be equi- tably adjusted to provide for expenses incurred in the interrup- tion and resumption of the Architect's services. 8.3 This Agreement may be terminated by the Owner upon not Icss than seven days' written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Architect may terminate this Agreement by giving written notice 8.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 8.5 If the Owner falls to make payment when due the Archi- tect for services and expenses, the Architect may, upon seven days' written notice to the Owner, suspend performance of ser- vices under this Agreement Unless payment in full is received by the Architect within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Architect shall have no liability tt�tlte Owner for delay or damage caused the Owner because of such,s of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined .in Paragraph 8.7. 8.7 Termination Expenses ac m addition to compensation for Basic and Additional Services, and include expenses which are directly attributable to termination Termination Expenses shall be computed as a percentage of the 'total compensation for Basic Services and Additional Services eadted to the time of ter- mination, as follows- . N .1 Twenty percent of the total compensation for Basic and Additional Services eamed to date if to ?rn4nation occurs before or during the predesign, site analysis, or Schematic Design Phases, or 7 B141 -1987 AIA DOCUMENT B141 • THE AMERICAN INSTITU .2 Ten percent of the total compensation for Basic and Additional Services earned to date if termination occurs during the Design Development Phase; or .3 Five percent of the total compensation for Basic and Additional Services earned to date if termination occurs during any subsequent phase. ARTICLE 9 MISCELLANEOUS PROVISIONS .Refer Article 12 9.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Con- tract for Construction, current as of the date of this Agreement. 9. .. - s of action between the parties to this Agree failures to act shall be dee.• to have tatutes of • ions shall com- date of Substantial Com- r to Substantial to for pertaining to accrued and the app mence to run not later than et pletion for acts or fail • act occurnn Completion, date of issuance of the final Payne. '•r acts or failures to act occurring after Subs pletion Refer Article 12 9.4 The Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, but only to the extent cov- ered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner and Architect each shall require similar waivers from their contractors, consultants and agents. ' , 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, succes- sors, assigns and legal representatives of such other party with respect to all covenants of this Agreement Ncither Owner nor Architect shall assign this Agreement without the written con- sent of the other. 9.6 This Agreement represents the entire and integrated agree- ment between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either wnt- ten or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contrac- tual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or expo- sure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances 9.9 The Architect shall have the right to include representa- tions of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional matenals. The Architect's materials shall li qt include the Owner's confidential or proprietary information i the Owner has previously advised the Architect in writing of OWNER- ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • ©t98 TE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W , WASHINGTON, D.C. 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ■ the specific information considered by the Owner to be confi- dential or proprietary The Owner shall provide professional credit for the Architect on the construction sign and in the pro- motional materials for the Project. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensa. tion for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and con- sultants in the interest of the Project, as identified to the follow- ing Clauses. 10.2.1.1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of-town travel; long- distance communications; and fees paid for secur- ing approval of authorities having jurisdiction over the Project. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 10.2.1.4 Expense of renderings, models and mock -ups requested by the Owner. 10.2.1.5 Expense of additional insurance coverage or limits, including professional lability insurance, requested by the Owner in excess of that normally carried by the Architect and Architect's consultants. 10.2.1.6 Expense of computer -aided design and drafting equipment time when used in connection with the Project. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11 1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5 1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- vices rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3 2. 10.3.4 When compensation is based on a percentage of Con- struction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11 2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 10.4.1 Payments on account of the Architect's Additonal Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services ren- dered or expenses incurred. 10.5 PAYMENTS WITHHELD 10.5.1 No deductions shall be made from the Architect's com- pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS 10.6.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- ' able to the Owner or the Owner's authorized representative at mutually convenient times .3 ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows. 11.1 AN INITIAL PAYMENT of ONE THOUSAND EIGHT HUNDRED FIFTY & 00 /100 Dollars (11, 850.00 shall be made upon execution of this Agreement and credited to the Owner's account7, 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows. (Fixed Fee) Refer Article 12 (Insert basis of compensation, tnciuding stipulated sums, multiples or percentages, and !dent Jy pbases to ubicb particular medwds of cmnpensatton apply, If necessary) Ba' siciArchiteceurai? ($165,000.00) Non -Basic Architectural Services - Civil Engineering ($ 20,000.00) Total Fee ($185,000.00) AIA DOCUMENT B101 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW , WASHINGTON, D C. 20006 WARNING: Unlicensed photocopying violates U S copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert addaimuil phases as appropriate) Initial Payment Schematic Design Phase: Design Development Phase. Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.31 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as descnbed in Paragraph 3 2, compensation shall be com- puted as follows. Firm Principal Project Architect Intern Architect Draftsperson Clerical same as above 9 B141.1987 one nineteen twenty forty two and one half seventeen and one half $90.00/hr. $65.00/hr. $55.00/hr. $45.00/hr. $40.00/hr. percent (1 %) $ 1,850.00 percent (19 %) $ 35 ,150.00 pe %) $ 37,000.00 percent (40%) $ 74,000. 00 percent (2 $ 4,625.00 percent (17 2 $ 32,375.00 one hundred percent (100%) $185,000.00 11.3.2 FOR ADDITIONAL SERVICES OF TIIE ARCHITECT, as described in Articles 3 and 12, other than (I) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, lnclrrdmg rams and/or multiples of Direct Personnel &pease for Principals and employees, and identify Principals and classify enpl pees, if required Identify sp f c services to which particular methods of conpensarron apply if necessary) 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as pan of Additional Services, a multiple of one and two tenths( 1.2 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if regnircd) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one tenth ( 1.1 ) times the expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project. Refer Article 12 also. " 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twenty four ( 24 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable " ten ( 10 ) days from the date of the Architect's invoice. Amounts unpaid thirty one ( 31 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevatlmg from time to time at the principal place of business of the Architect. (Insert rate o /interest agreed wpan) _ one percent per month (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Arcbi Sect's pnncrpal places of business, the location of the I' Ject and elsewhere may affect the validity of Mrs provision. Specific legal advice should be obtained wit .respect to deletions or modifications, and also regarding regmrements such as written disclosures or waivers) AIA DOCUMENT B141 • OWNER"ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA. • 5198 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, D C 2000 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. See pages 11 and 12 AIA ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in ibis Agreement.) The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2 -350, Austin, Texas 78701 -3942 or P. 0. Box 12337, Austin, Texas 78711 -2337, (512) 305 -9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a." This Agreement entered into as of the day and year first written above. CNARIA5 CULPEPP6R) ThAyo1E (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B141 • OWNER - ARCHITECT AGREEMENT • FOURTEENTH EDmON • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal pmsecutIon. B141-1987 10 er 12.7 Appointment of fees is as follows: Non -Basic Architectural Services: ARTICLE 12 12.1 The voiding of any element of this contract affects only that element. All other provisions remain in force. 12.2 Revise Article 10, Part 10.2.1.2 to read: Cost of Bluelines and Electrostatic copies shall be at the rate of $0.12/square foot of sheet size (Blueline), and $0.12 /sheet (Electrostatic), $2.75 /square foot of sheet size (Paper Sepia), $4.75 /square foot of sheet size (Sepia Mylar). The Architect will provide one copy of progress documents per phase at no charge. Additional copies will be charged according to the rate quoted. NOTE: Average costs per set of final documents ranges between $150.00 - $175.00 per set. 12.4 All estimates of project cost will be prepared by the Architect based upon available current unit cost data. These probable cost estimates are intended to reflect anticipated construction cost to a degree of accuracy of +/- 10 %. Therefore the Architect will be responsible for making cost related revisions to his documents only if the lowest qualified bid exceeds his last probable cost projection by a sum greater than 10 %. 12.5 Should a dispute arise between the parties to this agreement, an attempt to resolve the disagreement will be made utilizing verbal discussions in an informal setting. In the event such discussions do not bring resolution to the problem then legal mediation between the parties will be conducted. As a last resort, unresolved disputes will result in civil litigation through the courts. The local venue will be the jurisdiction of Williamson County. 12.6 The portion of the fee for Basic Services allocated to the Construction Phase will be invoiced in equal payments during construction. The fee will be apportioned over the construction period indicated by the Contractor. In the event the construction time period is exceeded by the Contractor, the Architect will be entitled to receive additional condensation for his continued involvement in contract administration services in the amount of FIVE HUNDRED AND 00 /100'S DOLLARS ($500.00) per week, or portion thereof, in excess of the originally stated construction time. Basic Architectural Services as outlined in Article 2, Paragraph 2.1.1: AMOUNT % OF TOTAL Architect: $ 115,500.00 62.44% Structural Engineer: $ 19,800.00 10.70% MEP Engineer: $ 29,700.00 16.05% SUBTOTAL (BASIC SERVICES): $ 165,000.00 89.19% Civil Engineer. $ 20,000.00 10.81% SUBTOTAL (NON -BASIC SERVICES): $ 20,000.00 10.81% TOTAL FEE: $ 185,000.00 100.00% 12.8 Invoicing for services shall occur at least monthly, or as particular phases of the work are completed. 11 12.9 Should the project scope or budget be adjusted from that stipulated in the project description on page 1 of this agreement, the Architect and consultant fees will be similarly adjusted. 12.10 This Agreement is entered into and performable in Williamson County, Texas. 12.11 Specific Owner requirements are listed as follows. The costs of these services are to be borne by the Owner. a. Geotechnical Report b. Surveying 12.12 The Statute of Limitations as relative to professional services rendered under the provisions of this agreement shall commence as stipulated by the legal statutes of the State of Texas as they pertain to this agreement and the owner and Architect both jointly and severally. 12 iii DATE: September 18, 1997 SUBJECT: City Council Meeting, September 25, 1997 ITEM: 13.F. Consider a resolution authorizing the Mayor to execute an agreement with Spencer Godfrey Architects for the design of the Recreation Center. STAFF RESOURCE PERSON: Sharon Prete RECOMMENDATION: APPROVAL ECONOMIC IMPACT: Staff recommends that Spencer Godfrey be hired to provide the necessary architectural services required for the design and construction of the recreation center. Proposed time line: September - November December - January February Public input meetings and design Prepare bid documents, and bid project Award bid March - December Construction The funding sources for this 2.4 million dollar project are General Obligation Bonds (1,900,000) and Indoor Grant from Texas Parks and Wildlife Department ($500,000). Mayor Charles Culpepper Mayor Pro-tem Earl Palmer. Council Members Robert Stluka Rod Morgan Rick Stewart Martha nrava Ji nmy Joseph CltyManager Robert L Bennett, Jr. Clty Attorney Stephan L Sheets CITY OF ROUND ROCK October 1,1997 Bayard "Bo" M. Spencer, III General Partner Spencer Godfrey Architects 1106 South Mays Suite 120 Round Rock, TX 78664 Dear Mr. Spencer: 221 East Main Street Romd Rock. Texas 78664 512- 218 -5400 The Round Rock City Council approved Resolution No. R- 97- 09- 25 -13F at their regularly scheduled meeting on September 25,1997. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosure(s) Fax:512- 218 -7097 1- 800. 735- 29891DD 1-800- 735- 2988Wicd