R-2016-3321 - 3/24/2016RESOLUTION NO. R-2016-3321
WHEREAS, the City of Round Rock desires to retain professional architectural and design
services related to the rebuilding and remodeling of the existing Luther Peterson Service Center, and
WHEREAS, Jacobs has submitted a Standard Form of Agreement Between Owner and
Architect ("Agreement") and Supplemental Agreement No. 1 to provide said services, and
WHEREAS, the City Council desires to enter into said Agreement and Supplemental
Agreement No. 1 with Jacobs, 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 a Standard
Form of Agreement Between Owner and Architect and Supplemental Agreement No. 1 with Jacobs for
architectural and design services related to the rebuilding and remodeling of the existing Luther
Peterson Service Center, a copy of same being attached hereto as Exhibit "A" and incorporated herein
for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of March, 2016.
City of Round Rock, Texas
ATTEST:
&PAA�'
SARA L. WHITE, City Clerk
01 1116 04, 00353563
EXHIBIT
"A„
City of Round Rock Agreement
for Architectural Services for
City of Round Rock
Luther Peterson Service Center
with Jacobs Enizineerin2 Group Inc.
Based upon AIA Document B141-1997
1997 Edition - Electronic Format
Standard Form of Agreement between Owner and Architect
AGREEMENT made as of the O day of the month of March in the year Two Thousand Sixteen.
BETWEEN the Architect's client identified as the City or the Owner:
City of Round Rock
221 East Main Street
Round Rock. Williamson and Travis Counties Texas 78664
and the Architect
Jacobs Engineering Group Inc.
1999 Bryan Street, Suite 1200
Dallas. Texas 75201
For the following Project:
Professional architectural services and design services related to the rebuilding and remodeling of the existing Luthcr Peterson
Service Center. The proiect will consist of three (3) construction phases.
Professional services for this Project shall include but not be limited to. Schematic Design, Design Development, Construction
Documents. Bidding Phase and Construction Observation.
The Owner and the Architect agree as follows:
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
The Architect shall furnish the delineated services including but not limited to meeting with the Owner's representatives and
others designated by the Owner to determine needs and requirements: rendering professional consultation and advice: furnishing
all necessary design and contract administration services for the referenced Project: and providing other specialized services.
Architectural services shall include the submittal of plans for Texas Accessibility Standards (TAS) review, which is a
reouirement of federal law to comply with the ADA if the construction budget exceeds $50.000. Owner shall pay the fees
related to the submittal of plans for TAS review.
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
The referenced Project consists ofprofessional planning design and construction services related to the following:
00353420 /ss2
Rebuildine and remodeling of the existing Luther Peterson Service Center Complex.
1.1.2.2 The physical parameters are:
The Luther Peterson Service Center Complex is located in Round Rock. Texas.
1.1.2.3 The Owner's Program is:
The program of development shall include but not be limited to the following elements: Confirm Project Program and Space
Requirements. Schematic Design Phase. Design Development Phase. Constnrction Documents Phase. Bidding Phase and
Construction Administration Phase. The tasks performed as a part of each element shall be as stated in Exhibit "A" attached
hereto and incorporated herein for all purposes. The parties agree that elements or portions thereof, may be omitted by the
Owner for reasons including meeting the Project budget and Project requirements.
Schedule
initial proposed schedule for the Project is incorporated in the Scope of Service and attached as Exhibit "A." The Architect
will maintain a detailed proiect schedule in Microsoft Proiect or in an alternative format approved by the Owner throughout
the duration of the Project which will be attached as Exhibit "D" and incorporated herein for all purposes.
1.1.2.4 The financial parameters are as follows:
1. The Fee Schedule relative to this Agreement is set fortis in Exhibit "E." incorporated herein for all purposes. and is as
follows:
A. Professional Services
In consideration for the professional services to be performed by the Architect, the Owner agrees to pay the
Architect a total sum not to exceed Seven Hundred Forty -Nine Thousand Five Hundred and no/100 Dollars
($749,500.00). Said sum is a fixed not -to -exceed amount, and shall be paid as delineated in the attached
Exhibit "E" which is incorporated herein by reference for all purposes. Such not -to -exceed sum includes
amounts paid for Architect's services; for consultant fees for MEP engineers. structural engineers, civil
engineers. and ADA consultants: and for reimbursable expenses as set forth in Section B below.
B. Reimbursable Expenses Allowance
Pavment for reimbursable expenses, including administrative charges and out -of pocket expenses, shall not
exceed the maximum sum of Fortv Thousand and no/100 Dollars ($40.000.00), and such amount is
included in the not -to -exceed total fee of 5749.500.00.
Travel reimbursements may be made for meals. travel. and lodging as follows:
(1) all travel shall be in coach and not business class:
(2) toll road charges if provided with documentation of the date and time the toll charges were incurred:
(3) Iodizing shall be in a standard room in a hotel located within Round Rock's city limits; and
(4) meals shall be reimbursed at an amount not -to -exceed $50.00 per day. This amount includes tips.
Travel reimbursements shall only pply to travel in excess of forty (40) miles. Architect is responsible ror
providing all receipts to Owner for the reimbursement of items set forth above. Receipts shall be provided
to the Owner within thirty (30) days of the expenditure to qualify for reimbursement and shall provide
enough detail for the Owner to determine the requested reimbursements meet the criteria set forth herein. It
shall be in the sole discretion of the Owner to determine if expenses submitted by Architect are reasonable
and qualify for reimbursement pursuant to the terms of the Agreement.
Costs of personal entertainment, amusements. alcoholic beverages, traffic citations, personal items or illegal
activities will not be reimbursed. Expenses due to vacations or personal trips in conjunction with travel are
not reimbursable. Adequate travel time is allowed. but travel expenses are not paid for absences not required
by Owner business.
C. Additional Services: Additional services are defined as anv services not included as part of the scope of work
of the project including revisions to previously -approved plans that necessitate additional work for the
Architect. substantive changes in Proiec� t scope. or additional work necessitated by unknown or reasonably
unforeseen circumstances. The parties expressly agree that additional services described as "Additional
Scope Request" or "Additional Services" in Exhibit "E" may be performed at the sole request of the Owner
in an amount not -to -exceed Fifty Thousand and no/100 Dollars ($50,000.00), and such amount is not
inclrrrled in the not -to -exceed fee in Section A above. Anv additional services in an amount exceeding
$50.000.00 shall be perfonned under a supplemental agreement negotiated at a time subsequent to this
Agreement.
1.1.2,5 The time parameters are:
Services hereunder shall commence within ten (10) upon receipt by the Architect of a Notice to Proceed from the Owner.
Completion shall be not later than March 2018. Other time parameters or adjustments to time parameters may be determined at a
later date by mutual agreement of the parties.
1.1.2.6 The proposed procurement or delivery method for the Project is: To be determined.
Professional services such as architectural/engineering will be engaged by neeotiated contract.
The general contractor for constriction will be selected by the alternate delivery method Competitive Sealed Proposal.
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representatives are:
Laurie Hadley, City Manager
City of Round Rock
221 East Main Street
Round Rock. Texas 78664
Travis Wilkes
Building Construction Manager
City of Round Rock
212 Commerce Boulevard
Round Rock, Texas 78664
Telephone Number (512) 341-3317
Email Address: twilkes a.roundrocktexas.gov
1.1.3.2 The Owner's consultants and contractors are:
Architect of Record / Prime Firm:
Jacobs Eneineering Group Inc.
1.1.3.3 The Architect's Designated Representative is:
Dennis Peck, Principal
1999 Bryan Street. Suite 1200
Dallas, Texas 75201
1.1.3.4 The consultants retained at the Architect's expense are set forth in Exhibit "B," incorporated herein for all purposes.
1.1.4 Duties, responsibilities and limitations of authority of the Architect shall not be restricted. modified or extended without
written agreement of the Owner and the Architect.
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1.1.5 It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation
and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this
Agreement must be duly authorized by appropriate City Council or City Manager action.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall fully cooperate with one another to fulfill all of their respective obligations required
under this Agreement. Both parties shall endeavor during the full tern hereof to maintain good working relationships among all
members of the Project team.
1.2.2 ONYNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide fill information in a timely manner regarding
requirements for and limitations on the Project.
1.2.2.2 The Owner shall establish and periodically update the budget for the Project, including that portion allocated for the
Cost of the Work. the Owner's other costs. and reasonable contingencies related to all costs.
1.2.2.3 The Owner's Designated Representatives identified in Paragraph 1.1.3 shall be authorized to act on the Owner's behalf
With respect to the Project. The Owner or Owner's Designated Representatives 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.
1.2.2.4 The Owner may furnish the services of consultants other than those designated in Paragraph 1.1.3 or authorize the
Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required
by the scope of the Project or a change in the scope of the Project. Any service furnished by the Architect at the Owner's request
must be approved by the Owner.
1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, the Owner shall furnish or pay for tests,
inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for
air and water pollution, and tests f'or hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.7 , Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project,
including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
1.2.2.8 The Owner will furnish building Hermits without charge. Electrical, plumbing and other trade permits will be the
responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by the Owner and are
not to be included by the Architect in the specifications for the Project.
1.2.2.9 Owner agrees to pay (lie actual costs of review fees associated with Texas Building Accessibility reviews. reviews by
other authorities having iurisdiction. and any other required tiling fees.
1.2.2.10 The Owner will provide the Architect with miscellaneous items such as the Proiect Facility Program, one digital copy
of the City of Round Rock General and Supplementary Conditions for Building Construction. Waee Rates. Contract and Bond
Forms, and such other information and materials as may be necessary and practicable for the orderly and expeditious progress of
the work and the awarding of the construction contract. To the extent practicable, these documents shall be utilized in the
preparation of the construction documents.
1.2.2.11 The Owner will provide timely review and response to inquiries in order to maintain an orderly progression.
1.2.2.12 Any information related to design standards and Owner-fumislied equipment specifications not provided pursuant to
Section 1.2.2.10 above and desired by the Architect from the Owner must be requested by the Architect in writing during the
initial Phase of the Project.
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1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, the Architect's employees and the Architect's consultants shall be as
enumerated in Article 1.4 and as enumerated elsewhere herein in attached and accompanying documents, in supplemental
documents. and in related documents.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the
orderly progress of the Project. The Architect shall submit for the Owner's approval a detailed schedule in Microsoft Project or
an approved alternative format for the performance of the Architect's services which initially shall be consistent with the time
periods established in Subparagraph 1.1.2.6 and which may be adjusted, if necessary and approved by the Owner, as the Project
proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the
Owner's consultants, 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 the Owner.
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized to act on the Architect's
behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner,
unless withholding such information would violate the law, create the risk of significant Kann to the public or prevent the
Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's
consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the
Owner.
1.2.3.5 Except with the Owner's knowledge and written consent, the Architect shall not engage in any activity, or accept any
employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with
respect to this Project or compromise the12erfonnance of the approved schedule for this Proiect.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall
respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information
furnished by the Owner. Each party shall provide prompt written notice to the other if either becomes aware of any errors,
omissions or inconsistencies in such services or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the
Owner of all elements of the Project designed by the Architect.
1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management
or supervision of construction or installation provided by a separate construction manager or contractor, for the Contractor's
overhead and profit.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of
the land, rights-of-way and financing or other costs that are the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents including those in electronic form prepared by the Architect and the
Architect's consultants are Instruments of Service for use solely y the Owner. All of the Architect's designs and work product
under this Agreement including but not limited to Tracings Drawings. Estimates. Specifications. Investigations. Studies and
other documents shall be the property of the Owner, to be used as the Owner desires. by execution of this Agreement and in
confirmation of the fee for services to be paid under this Agreement. the Architect hereby conveys. transfers and assigns to the
Owner all rights under the Federal Copyriglit Act of 1976 (or any successor copyright statute) as amended all common law
copyrights and all other intellectual property rights acknowledged by law in the Proiect designs and work product developed
under this Agreement Copies may be retained by the Architect. The Architect shall be liable to the Owner for any loss or
damage to any such documents while they are in the possession of or while being worked upon by the Architect or anyone
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connected with the Architect including agents employees consultants or subcontractors. All documents so lost or damaged
shall be replaced or restored by the Architect without cost to the Owner.
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner permission to reproduce the Architect's
Instruments of Service for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply
with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar
permission from the Architect's consultants consistent with this Agreement. Upon termination of the Agreement, the Owner is
permitted to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections or additions to the Instruments of Service for the purposes of completing, using and maintaining the Project
or additional projects.
1.3.2.3 The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any ,permission granted herein to another
party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor,
Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of
Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the
Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to
the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate
written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations not otherwise provided in this Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted digitally by the Architect to the Owner for approval on a
minimum 24 -inch by 36 -inch format with all lettering processed in ink or pencil and clearly legible when the sheets are
reproduced and reduced to half size.
1.3.2.6 Upon completion of the construction of the Proiect the Architect shall, within thirty (30) calendar days from receipt of
final -as -built mark-ups from the contractor, deliver to the Owner the reproducible Record Drawings and Record Specifications as
described supplementally herein In addition the Architect shall submit originals of all documents listed under Section 1.3.2.1
modified to actual as -built conditions as provided by the General Contractor.
1.3.2.7 The Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by the architect
making that change and shall be appropriately marked to reflect what was changed or modified. To the extent permitted by law,
the Owner agrees to indemnify defend and hold harmless the Architect for any claims, damages, suits and loss of every kind and
nature for the unauthorized re -use of the Architect's Instruments of Service.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished
after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly understood
and agreed by and between the parties hereto that any alteration in schedule compensation and Change in Services shall be
effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly authorized
by appropriate City Council or City Manager action It is expressly agreed by the parties that as to services hereunder, the total
sum of $749,500.00. which includes authorized reimbursable expenses, shall represent the absolute limit of the Owner's liability
to the Architect unless Owner requests additional services as described in Section 1.1.2.4. 1. D. in an amount not to exceed
$50.000.00 or as changed by SUDDlemental Agreement hereto.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation.
If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance
with applicable law to comply with lien notice or filing deadlines prior to resolution of the matter by mediation.
1.3.4.2 The Owner and the Architect shall endeavor to resolve claims, disputes and other matters in question between them by
mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in
advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of
filing, unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the
Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as
on
settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 The Owner and the Architect hereby expressly agree that no claims or disputes between the Owner and the Architect
arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including,
without limitation, any proceeding under the Federal Arbitration Act (9 U.S.C. Section 1-14) or any applicable state arbitration
statute, except that in the event that the Owner is subject to an arbitration proceeding related to the Project, the Architect consents
to be joined in the arbitration proceeding if the Architect's presence is required or requested by the Owner for complete relief to
be accorded in the arbitration proceeding.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
1.3.6.1 The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out
of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either
party's termination in accordance with Section 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas. and venue shall lie in Williamson County, Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have
accrued and the applicable statutes of limitations shall commence to nm not later than either the date of Substantial Completion
for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for
acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any
later than the date when the Architect's services are substantially completed.
1.3.7.3 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all
rights against each other. The Owner, as appropriate, shall require or the contractors, consultants, agents and employees of any
of them similar waivers in favor of the other parties enumerated herein.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third
party against either the Owner or the Architect.
1.3.7.5 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility
for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in
any 1brm at the Project site.
1.3.7.6 The Architect shall have the right to include photographic or artistic representations of the design of the Project among
the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to
make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary
information.
1.3.7.7 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted
to the Architect for review at least seven 7 days prior to the requested dates of execution. The Architect shall not be required to
execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.8 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 this Agreement without the written
consent of the other.
1.3.7.9 All Exhibits to the Contract are incorporated herein as a part of the Contract. Anv inconsistencies or conflicts in
Contract and Exhibits shall be resolved by divine preference to paees one (1) through nine (9) of the Contract.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 if the Owner fails to make payments to the Architect in substantial compliance with this Agreement, such failure may be
considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If the
Architect elects to suspend services, prior to suspension of services, the Architect shall give fifteen (15) days' written notice to
the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused
the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all non -disputed sums
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due prior to suspension. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by the Architect that the
Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the
convenience of the Owner, upon fifteen (15) days' written notice to the Architect, with the understanding that immediately upon
receipt of said notice all work and labor being pertiormed under this Agreement shall cease. The Architect shall invoice the
Owner for all work satisfactorily completed and shall be compensated in accordance with the terns of this Agreement for all
work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans. field
surveys maps cross sections and other data designs and work related to the Proiect shall become the property of the Owner
upon termination of this Agreement and shall be promptly delivered to the Owner in a reasonably organized form without
restriction on future use. Should the Owner subsequently contract with a new architect for continuation of services on the
Project, the Architect shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require the Owner to pay for any work which is
unsatisfactory as determined by the Owner's representative or which is not submitted in compliance with the terms of this
Agreement The Owner shall not be required to make any payments to the Architect when the Architect is in default under this
contract nor shall this section constitute a waiver of anv right. at law or at equity, which the Owner may have if the Architect is
in default including the right to bring legal action for damages or to force specific performance of this Agreement.
1.3.9 PAYMENTS TO ARCHITECT
1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of the Architect's statement of
services.
1.3.9.2 Reimbursable Expenses, in an amount not to exceed $40.000.00. are Pncluded in the not -to -exceed sum for
compensation for the Architect's services and include expenses incurred by the Architect and the Architect's employees and
consultants directly related to the Project, as described in 1.1.2.4. 1. D.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the
basis of hourly rates or a multiple of Direct Personnel Expense shall be promptly provided to the Owner or the Owner's
authorized representatives.
1,3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the
portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and
other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. 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 the Owner and the Architect, This Agreement comprises
the documents listed below.
1.4.1.1 Standard Form of Agreement between Owner and Architect with Standard Form of Architect's Services. AIA Document
B141-1997. as herein amended.
1.4.1.2 Other documents as follows:
Exhibit "A" Scope of Service.
Exhibit "B" Team Organization
Exhibit "C" Pro rg am/Space List
Exhibit "D" Project Schedule (to be attached subsequent to execution)
Exhibit "E" Compensation and Hourly Rate Schedule
"Supplement)) Agreement No 1"supplementing Standard Form of Agreement between Owner and Architect with Standard
Form of Architect's Services. AIA Document B141-1997.
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as fbllows:
Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provide that it is a violation of ADA/TAS to
design and construct a facility for first occupancy later than January 26. 1993 that does not meet the accessibility and usability
requirements of the ADA/TAS except where an entitv can demonstrate that it is structurally imgractical to meet such
requirements. The Architect will use its best professional efforts to inteipret and meet applicable ADA/TAS requirements and
other federal. state and local laws. rules. Codes. ordinances and regulations as they apply to the Project.
ARTICLE 1.5 COMPENSATION
1.5.1 Payments for services shall be made monthly. and where applicable, shall be in proportion to services performed on the
basis set forth in this Aereement and in format requested by the Owner.
1.5.2 Payments are due and payable thin 30 days from the date of the Architect's invoice, or not later than the time period
required under the Texas Prompt Payment Act, whichever is later. Non -disputed amounts unpaid sixty 60 days after the invoice
date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the
principal place of business of' the Architect.
Payments hereunder shall be made in accordance with the Prompt Payment Act.
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF ROUND ROCK, TEXAS JACOBS ENGINEERING GROUP INC.
By:
Mayor, Alan McGraw
Date: Date: /
ATTEST: FOR CITY, APPROVED AS TO FORM:
By: By:
Sara L. White, City Clerk Stephan L. Sheets, City Attorney
0
City of Round Rock J/�Cl7Bs`
Luther Peterson Service Center
EXHIBIT A
SCOPE OF SERVICE
CITY OF ROUND ROCK — LUTHER PETERSON SERVICE CENTER
IMPLEMENTATION OF MASTER PLAN PHASE I
The City of Round Rock (CoRR) has published a Master Plan for rebuilding and renovating the existing Luther Peterson Service Center
Complex (LPSCC) into a single campus that contains Administrative Office and Departmental Shop functions for Utility Engineering
(EU), Transportation (T), and General Services Fleet Maintenance (GS) departments. The Master Plan envisions a 20 year growth plan
accomplished in three phases. Phase I of the Master Plan describes Near Term New Construction for Offices, Exterior Structures, and
yard requirements.
The CoRR commissioned a nationally recognized architecture firm to prepare the Master Plan document, which included Facility Area
Requirements by Department and by Phase. Needs were described as Near Term (2020) and Long Term (2035) and included a
breakout of Department, Future Building, Building Type, and Space Type, as well as a tabulation of the number of spaces (Units), Area
calculation per space (SF/Unit), a total Area (USF), Efficiency Factor (EF), and total Gross Square Footage (TGSF). Our proposal is
based on the tabulation of Near Term Calculations for Area Type J — Utility + Environmental Services and Type I — Transportation. The
document Phase Ib was used as the basis for this proposal and the scope, as we understand it, is itemized on attachment EXHIBIT C,
City of Round Rock Luther Peterson, Project Program and Space List, for an estimated budget of approximately NINE MILLION
NINEHUNDRED TWENTY THOUSAND DOLLARS ($9,920,000.00).
ASSUMPTIONS
This proposal has been prepared based on the following assumptions:
1. The Master Plan accurately depicts the CoRR's intentions for development of the vacant property, described as the existing
soccer fields from Sunland west to the existing VFW, currently located within the LPSCC site.
2. CoRR has obtained full access and control of the Luther Peterson Service Center property and no longer has a shared interest
in the property with the Round Rock Independent School District.
3. The Site Diagram titled Phase Ib accurately describes the Project Scope of Phase I of the LPSCC Master Plan.
4. A Facility Program of Need has not been prepared for the proposed new facilities and will part of the Architect's Scope of
Service.
5. CoRR will make a room available for use by the Pre -design and Conceptual Design Team to use during the charrette phase to
facilitate access to the project leadership team.
6. CoRR will provide assistance the Architect to tour existing facilities at LPSCC as part of the Programming and Conceptual
Design Phase of the project.
7. CoRR will make available any reports, tests, surveys, or documents related to the LPSCC Site and Facilities and the Architect
will be able to rely upon the accuracy of the material in the performance of tasks related to Phase I of the project.
8. CoRR has initiated a Phase I Environmental Assessment and Cultural Resources Investigation of the target property and
currently anticipating a report confirming the property is ready for development without exception.
9. CoRR has not catalogued all FF&E to be relocated from existing facilities to the new construction upon completion and may
expand the Architect's scope to compile a catalogue of existing FF&E to be used in the planning, design, and occupancy of the
new facilities. This proposal does not include time survey and catalogue existing FF&E.
10. CoRR has not compiled Room Data Sheets, Equipment Lists, and planning criteria and has requested the Architect to provide
additional scope to prepare compile this information as part of the Pre -design Phase Charrettes. This proposal provides an
Additional Fee Option for time and materials to survey shop and bay related equipment and service needs and to create a
Room and Equipment Data manual.
11. The Architect has provided two (2) Fee Options for Site Drainage Design: Option 1 - the Retention / Detention Basin and
Water Quality feature on the portion of the site adjacent to Sunrise; and Option 2 — design of storm water system for the entire
LPSCC and redesign of the existing Retention Basin and Water Quality facility at the western edge of the LPSCC. The fee for
Civil Drainage design is defined as an addition service to the Basic Scope.
12. The Architect understands that as part of the Building Permit Activities, CoRR's Development Services Office requires project
reviews at 40%, 70% and 90% of the CD Phase.
13. All utilities are adjacent to the target site and are of sufficient capacity to accomplish the proposed project. The planning and
design of any and all offsite utility infrastructure, roads, streets, drives, drainage and amenities are specifically excluded from
this proposal.
14. Bidding Phase services will be limited to preparing bid documents, leading a Pre-bid meeting, responding to RFI, and
preparing Addenda. The CoRR will utilize the electronic Public Bidding Process for this project.
15. The General Contractor selected to construct the improvements will be responsible for obtaining the Building Permit.
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City of: Round Rock
Luther Peterson Service Center
SCOPE OF SERVICES
Jacobs proposes the following Scope of Service:
1. PRE -DESIGN SERVICES —Two (2) weeks / Outside the Basic Scope
1.1 Kickoff and Orientation Meeting — Two (2) days / PM, MDG, and Design
J/C4BS•
The Consultant will conduct an orientation/kick-off meeting for all of the key stakeholders to explain the process and how each
entity can participate most effectively. The objects of this meeting are to:
• Identify Key decision makers and lines of Authority
• Confirm the calendar for the project identifying milestones, key dates for presentations, expectations for public
engagements, and requirements for attending public meetings
• Confirm the Project Program
• Confirm the Project Schedule
• Confirm the Project Budget
• Clarify to whom Information Questionnaires are to be distributed and define what types of information is sought and when
it should be returned to the Consultant.
1.2 Tour Facilities and Obtain Reports, Documents and Data pertaining to LPSC:
The Consultant will tour existing offices and facilities to be relocated to the new LPSC site to become familiar with space,
organization, expectations, areas of specific importance to each department and to gain understanding of issues to be
addressed in the design of the new facility.
The Consultant will obtain the following Documents, Reports, and Data related to the LPSC project:
• Topographic and Boundary Survey of the proposed project site
• Geotechnical / Subsurface Engineering Report with Recommendations
• Floor Plans of all existing buildings and spaces to be affected by the development of new facilities at the LPSCC.
• Facility Program prepared as part of the Master Plan
• Permits for Water Quality, Environmental Assessment, and Cultural Resources indicating the site is approved for the
proposed future development.
1.3 Space Needs Assessment Questionnaire
Based on the Master Plan, Consultant will develop a Questionnaire to be distributed to Key Individuals seeking information
and data to be utilized in preparing for the Charrette Workshops. The information sought will be instrumental in determining
functional criteria, equipment preferences, and space requirements. The Consultant will utilize case study facilities to
determine best practices and efficiencies of operation in an effort to identify opportunities to reduce capital and operations
costs.
Some of the possible elements to be considered and discussed include:
• Number of Employees (Current and Anticipated)
• Interior vs. exterior facilities
• Administration functions
• Maintenance bay / pit requirements
• Future Fueling and Vehicle washing Bays
• Utility connections
• Off-site maintenance functions
• Vehicle storage
• Future expansion
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City of Round Rock 920%-p•
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2. PLANNING AND DESIGN CHARRETTES / WORKSHOPS — Duration Three (3) Weeks
2.1. Operational Procedures and Philosophies Workshop — one day / PM, MDG, Design
A. Interview CoRR Environment and Engineering, Transportation, and General Services (LPSC) Directors and
Department Heads.
1) Determine Operations Procedures and Philosophies
- Based upon the kick-off meeting and staff interviews, the Consultant will develop operations procedures for the facility.
Items to be addressed will include frequency of preventative maintenance, work tasks performed by LPSC staff (as
applicable) or outside vendors, and materials handling procedures.
2) Review and Validate Master Plan on Data on Vehicles / Equipment Report
- Operations and maintenance data on all vehicles or equipment to be maintained will be assembled. Data to be included
in the Vehicle/Equipment inventory are make, model, dimensions, fuel options, weights, quantities and operating
characteristics
3) Review and Validate Master Plan Preliminary Space Program
- Based upon the information learned through case studies, interviews, and operations analysis, the Consultant will prepare
a space needs program. Included in this program will be initial facility functions and areas as well as projected areas to
meet future expansions. The project will be programmed for interior spaces (administrative offices, shops, maintenance,
warehouse, building support, etc.) covered spaces (canopy covered storage for materials and vehicles) and exterior
spaces (employee parking, revenue and non -revenue vehicle parking/storage, visitor parking, material storage), as well as
total site area requirements including open space and screening. The space program will be submitted in preliminary form
for review by LPSC and the City of Round Rock. The space program will include operational and space recommendations
for the following areas:
• Repair, inspection and special -use bays
• Shop / equipment repair areas
• Wheel truing stations (if deemed to be cost-effective)
• Body repair activities and requirements
• Vehicle cleaning interior and exterior
• Building administration and security
• Deliveries, loading dock
• Overhead Crane requirements
• Staff support space needs including shower and locker areas, break rooms, etc.
• Maintenance Vehicle Dispatch and Control Room requirements
• Projected Staffing for administration, operations and maintenance.
• Determine parking and access requirements for non -revenue vehicles, employee vehicles, visitor vehicles and delivery
vehicles
• Exterior equipment storage
• Maintenance of Way (vehicles & equipment) Storage Requirements
B. Prepare Final Facility Program
Upon completion and review of all work included above, the Consultant will prepare a Final Facility Program Document.
This document will include a narrative description of all functional areas and operations, staff and vehicle projections and
the quantitative space program.
The Final Facility Program Report will document the programming process and outline the key planning and design
issues. The report will be distributed to the Design Team and key staff for review. The report includes the following
narratives:
• Project Overview - Describes the background and gives an overview of the project and the entities involved.
• Basis for Design - Provides a summary of the more qualitative planning issues that were noted during interview
sessions. The summary includes a description of each group's responsibilities, hours of operation, staff counts, vehicle
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City of Round Rock J/�COBS•
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parking, vehicles maintained, and a list of key planning issues. All of this is compiled for consideration during future
planning and design efforts.
• Space Needs Program - Presents a detailed listing of space requirements for all the stakeholders on the site. The
intent of the program is to identify program spaces to fulfill the current and future facility needs. Programmed spaces
are further defined by their quantity, area, and any remarks significant to design.
Deliverables:
• Preliminary Space Program
• Final Facility Program Document including:
• - Project Overview
• - Basis for Design
• - Space Needs Program
2.2. Develop Design Criteria Charrette / Workshop — two days / PM, MDC, Design
The Consultant will verify and amend the CoRR design criteria document to be used for planning and designing the new
facilities. The design criteria will identify preliminary functional requirements for building systems including architectural, civil,
structural, equipment, mechanical, electrical and plumbing such as:
• Site and zoning requirements
• Understanding of the owner's project objectives stated in terms of function, form, quantity, quality, economy and time.
• Materials, finishes, and clearance requirements throughout the project.
• General site grading, paving, and drainage issues.
• Functional spacing and placement of structural systems.
• Ventilation requirements for each functional area including repair bays, maintenance shops, welding, battery, wash areas,
and lower level work areas.
• Minimum design temperatures for heating and cooling for each functional area.
• Lighting levels and type of lighting for all exterior areas including employee and visitor parking, repair staging, vehicle
circulation areas, and outside secure storage.
• Lighting levels and type of lighting for each functional area within the facility.
• Functional areas and equipment to be included on emergency power generating system.
• Fire protection and service fluids piping and storage systems
• Vehicle washing/cleaning
• Environmental health, safety, OSHA and any other regulatory requirement
Deliverable:
• Design Criteria Report / Basis of Design (BOD)
2.3 Validate and Finalize Equipment List Charrette / Workshop — one day / PM, MDG, Design
Upon acceptance of the Additional Scope Fee, the Planning Team will interview Department Heads and Directors to identify
and compile a list of all shop equipment required to support maintenance activities by functional area. The Equipment List will
also identify all requirements for power, compressed air, water, etc., for each piece of equipment. Functional areas will
include, but not be limited to administration, battery room, brake room, maintenance administration, materials handling,
mechanic facilities, repair bays, service and cleaning, tire shop, tool crib, fueling, body and paint shop, component overhaul,
test area, and welding shop. All quantities will be identified. The Equipment List will also indicate the estimated retail cost of
all equipment.
Deliverable:
• Maintenance Facilities Room Data Sheets and Listing of Shop / Maintenance Equipment
2.4 Preliminary Engineering for Site Development Charrette / Workshop — One day / PM, MDG, Civil, Planning
Site civil design (grading and drainage) will be coordinated with the Preliminary Engineering design team in order to provide
site grading to accommodate the final elevations for the points of ingress /egress on Sunrise Road and along Luther Peterson
Place. Representatives from WCID will be invited to
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A conceptual facility layout will be developed for the initial (Phase 1) and long term expansion of the facility. The layout will be
limited to block diagrams illustrating basic functional groupings with horizontal and vertical circulation to confirm fundamental
program requirements and design'concepts. The conceptual layout will include:
• Site plans: Indicate orientation, site use, structures placement, facilities development, circulation and parking, utility
systems also showing with existing utilities, landscape and hardscape concepts and forms.
• Block diagrams (floor plans): One for each proposed level; group repetitive levels.
• Sections: At least two sections, perpendicular to each other at the same scale as the block diagrams to establish vertical
control.
• Exterior elevations: Block outs to illustrate massing and context.
• Image sketches of the site and its overall development.
2.6 Site Master Plan Charrette - One day / PM, MDG, Design, Planning
• Identify potential alternatives to meet the requirements established in the previous task.
• Participate in an on-site design charrette working directly with the Design Team and CoRR to develop up to three
alternatives for site configuration and general building design. During this on-site process, alternatives will be reviewed by
CoRR staff. Based on review comments, selected alternatives will be refined and presented for review. A final review
meeting will result in a selected Master Plan and Conceptual Design.
• Site Grading and Drainage Grading Options
• Site issues addressed will include:
Circulation patterns for vehicles, materials and personnel that will provide the most efficient, cost effective, and
safest maintenance operation.
- Ingress and egress routes, which maximize safety and security and minimize vehicular and pedestrian conflict on
and off the site.
Site area relationships including administration, operations, and maintenance facilities and employee, delivery, and
visitor parking.
2.7 Conceptual Design Charrette - Two days / PM, MDG, Design
Identify potential alternatives to meet the requirements established during the Phase I Site Master Plan Charrette.
Participate in an on-site design charrette working directly with the Preliminary Engineering Design Team and
representatives of CoRR's General Services, Utility and Environmental Services and Transportation Departments, to
develop specific conceptual building floor plans. During this on-site process, alternatives will be reviewed by CoRR staff.
Based on review comments, selected alternatives will be refined and presented for review. A final review meeting will
result in selected Conceptual Building Floor Plans.
Facility issues addressed will include:
- Developing circulation patterns for equipment, materials, and personnel within the buildings and their relation to
site circulation patterns.
- Establishing functional area relationships both between departments and between workstations within department.
Primary considerations to be industrial workflow, supervision and safety.
- Reviewing architectural design for functional response to program and adherence to approved maintenance
concept.
2.8 Conceptual Cost Estimate I Budget Reconciliation — 4 days 1 PM, Cost Estimator, MDG
Upon completing the above tasks, the Consultant will prepare a conceptual/order-of-magnitude capital cost estimate for the
facility. Considerations will be made with respect to capital costs, life cycle costs and value engineering to reduce Near Term
and Long Term costs. Once feedback is received, the Consultant will then finalize a prioritized concept and program in tabular
form.
Deliverables:
• Conceptual Cost Estimate
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• Updated BOD
FINAL DESIGN SERVICES — Twenty (20) Weeks
Based upon information and program established during pre -design and approved project concepts and budget the Consultant
will initiate Final Design services.
3.1 Schematic Design (30% submittal) — Five (5) Weeks
A. Schematic Design Drawings
The Consultant will prepare drawings, which are in sufficient detail to illustrate design concepts, systems concepts, interfaces,
scale and relationships. The drawings will identify all project components, systems, circulation and access, including, but not
limited to, site plans, parking plans, exterior elevations, sections, floor plans that include maintenance and administration
functions, preliminary equipment layouts, mechanical/electrical design concepts, schematic space plans, building systems,
and emergency exiting plans. The schematic design documents will define the following:
• Site layout including vehicle access/storage, circulation, service access and parking
• Utility locations (coordination with CoRR)
• Preliminary drainage and grading plans / including revision to storm retention basis at west end of Luther Peterson Place
• Preliminary landscape/screening
• Organization's functional relationships that affect facility planning
• Coordination with yard layout with other
• Coordination of preliminary plan and profile for vehicle yard
• Maintenance Facility shop layout
• Preliminary equipment layouts
• Facility Floor Plans
• Facility massing and scale
• Exterior elevations
• Proposed Building Materials and Color Boards
• Preliminary structural systems
• Narrative of building mechanical and electrical and security systems
• Equipment list
• Conceptual appearance (3D Sketchup Models and Renderings (2), Illustrative Site Plan)
B. Design Report
The Schematic Design submittal will include a Basis of Design Report summarizing the project program, site and building
systems requirements. The report will describe the following:
• Documentation of applicable zoning regulations and building codes
• Record of major design decisions; a brief description of the project scope and purpose, data sources, and contents
• Environmental and archaeological requirements
• Geotechnical requirements.
• Summary of space and functional program requirements (including a reconciliation of programmed and designed spaces
at an appendix), schedule requirements
• Narrative of major site, architectural, structural, mechanical, plumbing, fire protection, and electrical systems with
proposed primary construction products and materials
• Project budget and Schematic Design cost estimate
C. 3D Study Models and Perspectives
The Consultant will prepare 3D SketchUp massing models and perspective renderings of the building exterior to illustrate the
relationship of site and building components and overall massing.
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City of Round Rock JACORN2
Luther Peterson Service Center
D. Estimate of Probable Costs
The consultant will prepare a cost estimate based on the completed Schematic Design Documents. The estimate will be
delivered to the Maps Office 2 weeks after completion of the Schematic Design submittal.
E. Preliminary Equipment List
Identify, by functional area, preliminary requirements for maintenance and service equipment needed to support maintenance
activities. Maintenance equipment includes storage equipment, shop equipment, wash equipment, vehicle exhaust systems,
lifts, and cranes. Service equipment includes compressed air system components (i.e., compressor, dryer, hose reels,
filter/regulator/lubricator) and lubrication system components (i.e., pumps, tanks, hose reels). Identify quantities required,
dimensions, and impact on other design team disciplines.
Develop Preliminary Equipment List. All equipment to be listed by functional area within each department, alphabetically by
description and numerically by equipment identifier. Equipment list includes information regarding description, quantity, price,
dimensions, and procurement strategies, including possible long lead items, specification responsibility, and discipline
coordination matrix
Schematic Design Deliverables
• Schematic Design Drawings
• Basis of Design Report
• 2 Preliminary Exterior Rendered Perspectives
Estimate of Probable Costs
• Preliminary Equipment List
3.2 Design Development (65% Submittal) — Six (6) Weeks
Based upon approved Schematic Design Documents, the Consultant will prepare Design Development Documents which
establish and describe the size, scope, character, material composition, systems, sequence of operation/control and other
features by means of plans, sections and elevations, typical construction details, three dimensional sketches, study models,
equipment layouts, specifications that identify major materials and systems and establish in general their quality levels. These
Documents will include Design Development Design Analysis Report and Outline Technical Specifications. Design Development
drawings will be developed to a 60% level of detail and include the following
A. Civil and Infrastructure
Grading, drainage, paving, fencing, and erosion control plans including existing contours, final contours, mathematized horizontal
and vertical geometry, horizontal and vertical clearances, storm sewer and water lines, drainage structures and details of special
structures.
Civil drawings will include:
• Site development plan (horizontal control)
• Site grading plan (vertical control)
• Pavements, parking, and roadways plan
• Site utilities plan, including above and below -ground utilities, points of connection to off-site services, buildings, and facilities
• Retaining wall, screen wall or other site structures
• Storm Water Pollution Prevention Permit
B. Structural
Structural drawings will include foundations plans, caissons plans, nominal sizes, types and cross-sections of structural members
and systems; critical structural clearances and details necessary to define the structural system. Structural drawings will include:
• General notes
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City of Round Rock B%__V�
Luther Peterson Service Center
• Floor plans showing structural foundation systems and sub -slab construction, horizontal
• and vertical framing systems showing slab (or equivalent) edges, suspended slab openings, depressed slab locations,
maintenance pits, lateral load cross bracing, and typical construction details;
• Final structural design criteria; foundation design criteria; preliminary sizing of major structural components; critical
coordination clearances; outline specifications or materials list
C. Architectural
Architectural building plans including site plan, overall plans and partial plan , building sections, enlarged wall sections, exterior and
interior details, reflected ceiling plans, elevations, 3D study perspectives and study models showing all building spaces and
relationships. The Drawings will fully illustrate all constructed areas, space planning and component sizes, scope, systems,
interfaces, spaces, functions, general materials and finishes.
Architectural drawings will include:
• Architectural site plan
• Building plans and enlarged plans for all disciplines
• Exit plans with exit load calculations
• Fire -resistive assemblies and their locations
• Building elevations and enlarged partial plans
• Building sections
• Enlarged wall sections
• Exterior and interior details
• Equipment and maintenance pit layout
• Preliminary door, window, fixture and room finish schedules
• Update of Materials and Color Boards
The Consultant will prepare one (1) set of presentation drawings included rendered site plan, building plans and material / color
sample finish boards of all interior and exterior materials. The sample boards will, as closely as possible, illustrate the material in
similar ratios, as they would appear to each other.
D. MEP Systems
Systems drawings which define mechanical and electrical systems, including, but not limited to, HVAC, plumbing, fire protection,
fire alarm, life safety, security, power, fiber optics, communications, gate facilities distribution, lighting, automated materials
handling, grounding, lightning protection systems and other special systems appropriate for the project.
Mechanical Systems drawings will include:
• Site plans showing connection points for water, fire service, sanitary sewer and storm sewer
• Floor plans showing major equipment sizes and locations, heating and refrigerant supplies and returns, domestic hot and cold
water supplies and returns, air -handling equipment locations and air -handling distribution, air -handling supply systems and
discharge locations and sizes, air -handling exhaust systems and intake locations and sizes, shafts and chases, plumbing
fixture locations with fixtures keyed to plumbing fixture schedule and plumbing risers
• Fire suppression water shut -offs, controls, risers and zones for horizontal distribution
• Detailed plumbing risers, HVAC, other plumbing and mechanical systems
Electrical Systems drawings will include:
• Floor plans showing major plant equipment locations and sizes; electrical power systems, including transformers, switch gear,
UPS equipment, emergency generators, and primary distribution, including panel boards and cable TV, security,
communications, fire alarm and control, and sound systems, including equipment locations and sizes
• Detailed electrical power, lighting, communication, fire alarm and security CCN
• Vertical and horizontal distribution schematics (including all riser or chase locations)
• Operational procedures and installation details for a complete security system.
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E. Maintenance Equipment Drawings and Schedules:
Equipment Programming
Participate in equipment discussion meetings with Client to identify, by functional area, maintenance and service equipment
needed to support maintenance activities. Maintenance equipment includes storage equipment, shop equipment, wash
equipment, vehicle exhaust systems, lifts, and cranes. Service equipment includes compressed air system components (i.e.,
compressor, dryer, hose reels, filter/regulator/lubricator) and lubrication system components (i.e., pumps, tanks, hose reels).
Identify quantities required, dimensions, and impact on other design team disciplines.
Update Equipment List to be consistent with equipment layout drawings and facility design. Equipment to be listed by
functional area within each department, alphabetically by description and numerically by equipment identifier. Equipment list
includes information regarding description, quantity, price, dimensions, procurement strategies, specification responsibility,
and discipline coordination matrix
Assemble Maintenance Equipment Manual that includes Equipment Data Sheets and Equipment Cut sheets on maintenance
and service equipment to be specified by MDG
Equipment Layout Drawings
• Develop initial maintenance equipment layout drawings which provide an efficient, cost effective industrial workflow through
the facility. Include workstation layouts and materials handling storeroom layouts.
Facilities/Equipment Coordination
• Coordinate operational and equipment related functional requirements for building systems and components including
architectural, structural, mechanical, electrical, plumbing, and human engineering.
• Review architectural/engineering design for functional response to program equipment and code requirements.
F. Landscape and Irrigation
Landscape plans including overall and enlarged planting plans, hardscape plans and irrigation plans to fully cover proposed
planting as defined by CoRR Guidelines.
Architectural drawings will include:
• Planting plans and details
• Soil Amendment plans and details
• Hardscape plans and details
• Irrigation plans and details
• Fencing and screening wall sections and details
G. Signage and Graphics
Plans, sections, schedules, elevations and detail drawings of building public signage and graphics. Signage and Graphics
drawings will include floor plans and elevations of signage and graphics, showing their size, fastenings, and atypical and typical
mounting details; illumination / electrical power requirements, etc.
H. Preliminary Technical Specifications
The Consultant will prepare a complete set of Technical Specifications for the project in a format accepted by the CoRR. An outline
of Division I guide specifications (General Requirements) will be furnished by the CoRR Project Manager and will be reviewed and
commented on by the Consultant. Comments will be submitted to CoRR in written form.
I. Estimate of Probable Costs
The consultant will prepare a cost estimate based on the completed Design Development Documents. The estimate will be
delivered to the CoRR Project Manager 2 weeks after completion of the Design Development submittal.
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Design Development Deliverables
• Design Development Drawings
• Outline Technical Specifications
• Equipment Schedules
• Update of Basis of Design Report
• Update of Illustrative Drawings (2 Renderings and Illustrative Site Plan)
• Estimate of Probable Construction Costs
• Equipment Manual
o Equipment List Update 1
o Equipment Data Sheets
o Equipment Cut -sheets
• Equipment Layout Drawings
3.3 Contract Documents (95% submittal) - Nine (9) Weeks
.��►coBS
Based upon approved Design Development Documents and the incorporation of any changes or adjustments directed by the
CoRR Project Manager, the Consultant will prepare complete Construction Documents. The intent of the Contract Documents is to
include all items necessary for the proper execution and completion of the construction work based on a Design/Bid/Build project
delivery method.
Construction Documents which establish and describe the complete size, scope, character, material composition, systems,
sequence of operation/control and other features by means of plans, sections and elevations, typical construction details, three
dimensional sketches, study models and equipment layouts, including specifications that identify major materials and systems and
establish in general their quality levels. These Documents will include a final Design Analysis Report and complete Technical
Specifications. Construction Document drawings and specifications will be developed to a 95% level of detail and will be inclusive
off all deliverables defined in the Design Development phase above.
Estimate of Probable Costs
The Consultant will prepare a cost estimate based on the completed 95% Construction Documents. The estimate will be delivered
to the CoRR Project Manager 2 weeks after completion of the Construction Document (CD) submittal.
Construction Document Deliverables:
• 95% Contract Documents
• 95% Technical Specifications
• Division 1 Technical Specifications (Prepared by MAPS Office and Consultant)
Division 2 - 16 Technical Specifications (Prepared by Consultant)
• Schedules (Prepared by Consultant)
Update of Design Report
• Final Illustrative Drawings (2 renderings)
• Estimate of Probable Construction Costs
3.4 Invitation for Bid Documents (100% submittal)
Based upon 95% Construction Documents which have been reviewed and accepted by the CoRR and stakeholders and the
incorporation of any changes or adjustments directed by the CoRR Project Manager, the Consultant will prepare Invitation for Bid
(IFB) Documents. The intent of the IFB Documents is to include all items final changes necessary for the proper execution and
completion of the construction work based on a Design/Bid/Build project delivery method and all Agency and Utilities
Applications and Permits.
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3.5 Bid Document Distribution
The Consultant will be responsible for printing the Bid Documents or distributing them to bidders and proposers and CoRR-
designated plan rooms in accordance with instructions from the CoRR Project Manager. Cost for printing documents will be
reimbursed by CoRR.
4. BID AND PROPOSAL EVALUATION - Four (4) Weeks
4.1 Interpretation of Bid Documents
During the bid period, bidders may request, in writing, clarification or interpretation of any apparent inconsistencies between
different provisions of the contract documents or any other point in the bid documents, The Consultant will issue all
interpretations as addenda in a timely manner in consultation with CoRR and will distribute such addenda to prospective bidders
or proposers, plan holders and code agencies in accordance with instructions from the CoRR Project Manager.
4.2. Pre -Bid / Proposal Meeting and Site Visits
The Consultant will be represented at pre-bid, pre -proposal meetings and site visits to respond to inquiries and requests for
interpretations by prospective bidders and proposers unless directed otherwise by CoRR. The Consultant will also prepare
written responses to questions and will forward these responses to CoRR for review and acceptance. Answers to questions that.
do not change the Contractor's scope of work will not be issued as addenda.
4.3 Bid Opening
If requested by CoRR, the Consultant will be present at Bid opening, otherwise, the CoRR will transmit to Consultant one copy of
each proposal for Consultant review of Bids and recommendation of the Apparent Low Bidder. The Consultant will not duplicate
in any form the Bid documents, and will return the Bid documents to CoRR on completion of the Consultant review.
4.4 Bid and Proposal Evaluation
The Consultant will assist CoRR in reviewing, checking, and evaluating bids and proposals, preparing bid tabulations, reviewing
systems performance capability to meet design criteria, and making written recommendations to the CoRR Project Manager for
the award of contract during the five (5) calendar days following a bid or proposal opening.
4.5 Conformed Documents (Incorporation Of Addenda):
As directed by the CoRR Project Manager, the Consultant will incorporate all Addenda in the Contract Documents the addenda.
Only changes made in formally issued addenda may be incorporated into the documents.
4.6 Pre -Construction Meeting
CoRR's Development Services Offices requires representatives from the Consultant, General Contractor, Subsurface
Engineering Testing firm, and General Services to attend a Pre -Construction Meeting before mobilization at the site.
5. CONSTRUCTION SUPPORT SERVICES
The Consultant will provide Construction Support Services in support of CoRR Construction Manager. The Construction Phase
begins with the Issue of Notice to Proceed (NTP) to the Contractor. The Consultant will provide the following services during
Construction Administration:
• Attend construction meetings every other week for a total of twenty (20) meetings.
• Chair the Construction Progress Meetings, prepare and distribute meeting agenda, minutes, log reports, and updates to
schedule and budget.
• Visit project site at appropriate intervals not greater than every other week for a total of twenty (20) visits; complete
observation reports for all disciplines.
• Review and process submittals; adhere to standard procedures established by the CoRR Project Manager regarding
stamping and filing submittals.
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• Interpret contract documents
• Review and evaluate contract documents
• A&E will prepare and submit to GC a calendar outlining milestone dates for Key Submittals.
• A&E will receive, review and respond to all GC RFIs and Submittals and will report to status to CoRR
• A&E will prepare and negotiate Change Requests / Change Orders
• Assist CoRR Project Manager in testing observation and final acceptance review
5.1 Construction Meetings
The Consultant will attend the pre -construction conference for general review with the Contractor of all the Contract
requirements. The meeting Agenda and Schedule will be set by the CoRR Project Manager.
5.2 Weekly Meetings
The Consultant will attend weekly construction and procurement meetings and such other construction meetings, which the
CoRR Project Manager notifies the Consultant is needed to maintain construction schedules and quality.
5.3 Review of Submittals
Based on the list of required submittals and approved submittal schedule as required by the Contract Documents, the Consultant
will review and accept Contractor submittals for conformance with the design concept of the project and the Contract
Documents. Returned submittals will include the Consultant's comments and any corrections or revisions, which are required to
obtain its acceptance.
5.4 Requests for Information (RFI)
The Contractor will submit any Requests for Information (RFI) or clarification of drawings and specifications to the A&E for
review, response and approval. The Consultant will communicate status to CoRR.
5.5 Changes in the Work
The Consultant when requested by the CoRR Project Manager will assist the CoRR Project Manager in a timely manner to
review, evaluate, prepare and process all Construction contract changes (Change Notices, Change Directives and Change
Orders). When directed by the CoRR Project Manager, the Consultant will prepare a Change Request including but not limited
to the following:
• Cost Estimate consistent with Standard Cost Estimate format.
• Evaluation of Schedule impact stated in days of duration and specifying Contractor activities impacted.
• Document Preparation. The Consultant will prepare specifications and construction
drawings to depict the change proposed. Prepare appropriate revisions to the contract drawings and specifications for the
project required by the change and provide the number of copies of these documents as required in the Consultant's "Issue for
Construction" submittal requirements.
5.6 Contractor Substitutions
The Consultant will in a timely manner review, evaluate and make recommendations on all contractor requests for the use of "or
equals" and substitutions. If the Consultant does not recommend acceptance of a substitution or an "or equal," it will provide
specific and detailed reasons for its denial in writing.
5.7 Construction Observation
A. Site Visits
The Consultant will conduct the site visits with the CoRR Project Manager or its designated representative and, prior to leaving
the site, will verbally discuss with the CoRR Project Manager or his authorized representative any observed defects, deficiencies
and other problems and possible solutions to those problems. The Consultant proposes two (2) site visits per month in
conjunction with Contractor Progress Meetings, for a total of twenty (20) site meetings. Consultant will not be required to make
Page 12 of 19
City of Round Rock
Luther Peterson Service Center
exhaustive or continuous site visits to check quality or progress of the work. Such activities will be conducted in accordance with
any additional instructions from the CoRR Project Manager to observe activities associated with the construction of the Project.
During these visits the Consultant will review the quality of the work, answer questions regarding the project design and
investigate the circumstances surrounding any defects or deficiencies in the work including any other failure of the work to
comply with the Contract Documents observed and/or reported by the Consultant's personnel or the construction inspectors
retained by the CoRR Project Manager.
During the visits to the site, the Consultant will review the GC's Field Set Documents to ensure the GC and subcontractors are
providing notations in red ink or by overlay detail, describing any variation between the "as drawn" and "as constructed"
conditions.
B. Observation Reports
If Consultant is called upon to observe the work of the Contractor(s) for the detection of defects or deficiencies in such work,
Consultant will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. Consultant
shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review
their work for the purpose of ensuring their compliance with safety standards. If Consultant is called upon to review submittals
from construction contractors, Consultant shall review and approve or take other appropriate action upon construction
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 Consultants' action shall
be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the Consultants'
professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities. Consultant shall not assume
any responsibility or liability for performance of the construction services or for the safety of persons and property during
construction or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the
construction services. Consultant shall have no influence over the construction means, methods, techniques, sequences or
procedures. Construction safety shall remain the sole responsibility of the construction contractor(s).
C. Punch lists
Upon receipt of Notice of Substantial Completion from the GC, the Consultant arrange to visually review the facility for purposes
of preparing a Punch List, outlining items to be corrected, touched up, replaced or finishes before the project is ready for
occupancy. The Consultant will lead a final walk-through of the facility to verify that the contractor has completed the work
identified on the punch list in an acceptable manner and that the facility is ready to be turned over to the CoRR.
5.8 Project Close-out
The Consultant will participate with the CoRR Project Manager in the preparation of any final inspection certificates and
documents required to close out affected contracts and to facilitate final payment by the CoRR Project Manager. The Consultant
will coordinate with all government agencies including but not limited to the CoRR Project Manager Building Inspection Division
and Fire Department and provide the needed information to these departments to assure the issuance of all permits and
certificates of occupancy.
5.9 Warranties
Review and determine the acceptability of any written warranties and guaranties required by the Contract Documents for the
project, which the contractor submits to the CoRR Project Manager prior to the CoRR Project Manager acceptance of final
payment.
Construction Phase Services — Clarification. If the Consultant is called upon to observe the work of construction contractor(s)
for the detection of defects or deficiencies in such work, the Consultant will not bear any responsibility or liability for such defects
or deficiencies or for the failure to so detect. The Consultant shall not make inspections or reviews of the safety programs or
procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with
safety standards. The Consultant shall have no influence over construction means, methods, techniques, sequences or
procedures. No fault or negligence shall be attributed to the Consultant based upon the acts or omissions of any construction
contractors. Construction safety shall remain the sole responsibility of the construction contractor(s).
Page 13 of 19
City of Round Rock
Luther Peterson Service Center
Construction Support Deliverables
• Construction Observation Reports
• Meeting Minutes
• Punch Lists
• Submittal Reviews
• RFI Responses
• Final Inspection and Certifications
• Estimate of Probable Costs
SECTION CONSTRUCTION PHASE Duration: 10 —12 Months
6. OPERATIONS TESTING / COMMISSIONING
By others or Additional Services
7. AS -BUILT DOCUMENTS
As part of Project Close-out and after the Certificate of Occupancy has been issued, the General Contractor shall compile all
superintendent and subcontractor redlines to the Field, Set of Construction Documents and edit the electronic files to reflect the redlines,
and transmit the "As Built' documents, un stamped to the City of Round Rock. The Consultant will meet with representatives of CoRR
to review and comment on the content and intent of the Contractors "As Built Documents". The Consultant will not be responsible for
making changes to the IFC drawings.
Page 14 of 19
City of Round Rock
Luther Peterson Service Center
EXECUTIVE REVIEW
Craig McCurley, PE
PRINCIPAL IN CHARGE
Dennis Peck, AIA
EXHIBIT B
TEAM ORGANIZATION
Tom Rieger (MDG)
Facility Programmer/Planner
Brent Byers, FAIA
Design
Brian Hendon, AIA
Project Architect
David Botello, AIA
Interior Design
Lisa White, RLA,
LEED AP
Landscape/Irrigation
_ PROGRAM MANAGER
Robert Manley, AIA
i
Richard Grayum PE
& Joel Bock, PE
Civil
Tim Potyraj, PE
Structural
Ken Gill, PE
Mechanical
Randy Walker, PE
Electrical
Keith Greenwade
Plumbing
Scott Roll
Fire Protection
Page 15 of 19
QUALITY ASSURANCE
Chris Brimm, AIA, NCARB
QUALITY CONTROL
David Niemann, PE
Mark Ellis (MDG)
Maintenance Equipment
Planner
Dennis Maale, CPE
Cost / Scheduling
James Kratz, PE, PTOE
Traffic
Agave Deborah Hutauruk,
ST, MS
Scheduling
City of Round Rock BS
Luther Peterson Service Center
EXHIBIT C
PROGRAM / SPACE LIST
The revised scope does not include services to renovate the existing Signs and Signals Building.
Page 16 of 19
City of Round Rock JACOBS
Luther Peterson Service Center
EXHIBIT D
PROJECT SCHEDULE
(See Attached)
Page 17 of 19
City of Round Rock
Luther Peterson Service Center.
Page 18 of 19
. =
City of Round Rock
Luther Peterson Service Center
EXHIBIT E
COMPENSATION and HOURLY RATE SCHEDULE
PROFESSIONAL SERVICES
J/�COBS
In consideration for the professional services to be performed by the Architect, the City of Round Rock agrees to pay the Architect a
total sum of SEVEN HUNDRED FORTY-NINE THOUSAND FIVE DOLLARS ($749,500.00). The said sum is a fixed not— to — exceed
amount, and shall be paid as delineated as follows and includes amounts paid for Architects, Engineers, and Planners, as well as
specialists for landscape, life safety and fire protection, and ADA.
BASIC SCOPE
$ 240.00 / hr
Jacobs Project Manager
Schematic Design
$
90,000.00
Design Development
$
120,000.00
Construction Documents
$
220,000.00
Bidding
$
30,000.00
Construction Phase Services
$
120,000.00
Record Drawings
$
8.500.00
FEE BASIC A&E SCOPE with Record Drawings $ 588,500.00
PRE -DESIGN SERVICES $ 121,000.00
REIMBURSABLE EXPENSES
Payment for reimbursable expenses, including administrative charges and out-of-pocket expense, shall not exceed FORTY
THOUSAND DOLLARS ($40,000.00) and are included in the not -to -exceed total fee recited herein.
ADDITIONAL SCOPE REQUEST
As per telephone conversation on 11 February, the following items were discussed and the Consultant was requested to submit alternate fee for
consideration.
EQUIPMENT / ROOM DATA SHEET BOOKS $ 20,000.00
FF&E CATELOG / LOGISTICS PLAN $ 48,000.00 (@120,000 sf / 3 people / 10 days)
INCREASED CIVIL OPTION 2: $ 21,000.00
TOUR OF SIMILAR FACILITIES $ 11,000.00 (3 LOCATIONS WITHIN DRIVING DISTANCE OF ROUND ROCK
3 PEOPLE / 4 DAYS)
ADDITIONAL SERVICES
Additional Services are defined as any service not listed as a basic service including revisions to previously -approved plans that
necessitate additional work for the Architect, substantive changes in the Project Scope, or additional work necessitated by unknown or
reasonably unforeseen circumstances. The parties expressly agree that such additional services would be performed under a
supplemental agreement negotiated at a time subsequent to this proposal. Compensation for approved Additional Services shall be
computed based on the following Schedule of Hourly Rates:
Jacobs Principal
$ 240.00 / hr
Jacobs Project Manager
5 160.00 / hr
MDG Principal
$ 250.00 / hr
MDG Assistant Principal
$ 230.00 / hr
MDG Designer
S 120.00 / hr
Designer
S 230.00 / hr
Planner
$ 90.00 / hr
Landscape
S 60.00 / hr
Project Architect
S 98.00 / hr
Lead Civil Engineer
S 160.00 / hr
Civil Designer
$ 92.00 / hr
Lead Structural
S 150.00 / hr
Structural Designer
$ 92.00 / hr
Lead MEP Engineer
S 150.00 / hr
Design MEP Engineer
$ 92.00 / hr
Page 19 of 19
SUPPLEMENTAL AGREEMENT NO.1
CITY OF ROUND ROCK
STATE OF TEXAS
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
§ KNOW ALL BY THESE PRESENTS:
This document is entitled Supplemental Agreement No. 1, and it supplements "City of Round
Rock Agreement for Architectural Services for the Luther Peterson Service Center with Jacobs
Engineering Group Inc." for the following Project:
Professional architectural services and design services related to the following:
Rebuilding and remodeling the existing Luther Peterson Service Center. The project
(hereinafter the "Project") will consist of three (3) construction phases.
Professional services for this Project shall include, but not be limited to, Schematic
Design, Design Development, Construction Documents, Bidding, and Construction
Observation. Architect shall be the Architect of Record, and shall be in charge of
coordination of consultants.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements, that being the day of March, 2016, and likewise is by and between the
same parties, those being the CITY OF ROUND ROCK, a home -rule municipal corporation of
Williamson and Travis Counties, Texas (hereinafter referred to as "City" and/or "Owner") and JACOBS
ENGINEERING GROUP INC., with offices located at 1999 Bryan Street, Suite 1200, Dallas, Texas
75201 (hereinafter referred to as "Architect").
WITNESSETH:
WHEREAS, as is recited in the Agreement this document supplernents, City intends to provide
services for the design and construction of the Project. Architect's services are desired for purposes
including but not limited to being architect of record, coordinating consultants, planning, civil,
architectural, design, structural, mechanical/electrical/plumbing engineering services, confirming project
program and space requirements, document production, bidding -related services, and construction
observation services related to the Project; and
WHEREAS, total compensation for Architect's services under this Agreement shall not exceed
the following: $749,500.00, inchrding reimbursable expenses in an amount not to exceed $40,000.00; and
WHEREAS, City may, at its sole discretion, request additional services not included in the scope
of the Agreement in an amount not -to -exceed $50,000.00, which amount is not included in the total
compensation of $749,500.00; and
WHEREAS, as is recited in the Agreement this docurnent supplements, City desires to contract
with Architect for the delineated professional services, and for the administration of the Construction
Contract during construction of the Project, all as previously and hereinafter stipulated and within the
00353442/ss2
limits the City has budgeted or will budget_ therefor; and
WHEREAS, as is stipulated in the Agreement this document supplements, Architect has agreed
to provide such professional services for the compensation delineated previously and herein;
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions contained in the Agreement this document supplements and herein, hereby agree as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in the Agreement this
document supplements and herein.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as
recited in the Agreement this document supplements and herein.
With the exception of the additional $50,000.00 allowable for Additional Services at the request
of the City, unless subsequently changed by additional Supplemental Agreement to this Agreement, duly
authorized by City Council Resolution or City Manager action, Architect's total compensation hereunder
shall not exceed Seven Hundred Forty -Nine Thousand Five Hundred and no/100 Dollars
($749,500.00), including a not -to -exceed amount of Forty Thousand Dollars and no/100 ($40,000.00) for
approved Reimbursable Expenses. These amounts represent the absolute limit of City's liability to
Architect under this Agreement, unless same shall be changed by additional Supplemental Agreement
hereto.
The times and further conditions of payment shall be as described in Article VI hereof.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. Architect's Basic Services consist generally of the phases described below, and
include complete planning, civil, architectural, design, structural, mechanical/electrical/plumbing
engineering services, project program and space requirements, document production, bidding -related
services, and construction observation services, and such other services as may be necessary to assist the
City in the design and construction of the Project, within the limits the City has budgeted or will budget
therefor, and in compliance with the Project Facility Program, which is hereby made a part of this
Agreement for all purposes. Architect agrees that upon execution of this Agreement, it will submit to City
within ten (10) days a list of all additional consultants it intends to utilize, not previously identified in
Architect's proposal, delineating their respective tasks. All of Architect's consultants shall be subject to
the approval of the City through its City Manager, and City reserves the right to reject any consultant.
Architect shall perform all work hereunder in a manner satisfactory and acceptable to the City,
represented by its City Manager or his designee, hereinafter referred to as "Director." A Performance
Schedule in Microsoft Project or an alternative program approved by the City, shall be agreed upon by
Architect and the City, and Architect agrees to use its best efforts to complete all services hereunder in
2
accordance with such Performance Schedule. All services shall be performed to the highest professional
standard.
2.02 Schematic Design Phase. Architect shall provide the following Schematic Design Phase
Services: as delineated in the Agreement this document supplements.
2.03 Design Documents Phase. Architect shall provide the following Design Documents Phase
Services: as delineated in the Agreement this document supplements and herein, and as follows:
(1) Architect shall prepare Design Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work, said Design Documents to
include adequate specifications for elements of the Project for consideration and approval
by the City. One (1) digital copy each of said documents shall be submitted to City, each
consisting of drawings and other documents to fix and describe the size, cross sections
and character of the Project as to architectural, structural, mechanical and electrical
systems, materials, and such other essentials as may be necessary and appropriate. Said
documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means
of plans, sections and elevations, typical construction details, and equipment layouts.
Said documents shall include outline specifications that identify major materials and
systems and establish in general their quality levels. The Design Document Phase shall be
completed within the agreed Performance Schedule.
2.04 Construction Documents Phase. Architect shall provide the following Construction
Documents Phase Services: as delineated in the Agreement this document supplements and herein, and as
follows:
(1) Architect shall prepare from the approved Design Development Documents and updated
budget for the Cost of the Work, for consideration of and approval by the City,
Construction Documents, which documents shall set forth in detail the requirements of
the entire Project, including the necessary bidding information prepared in such a way to
allow City, if it so desires, to advertise for the award of one or more contracts for the
construction and completion of the entire Project, or any phase thereof, and Architect
shall assist City in preparation of the Bidding Forms, shall utilize without modification
City's standard General and Supplementary General Conditions, and shall draft all
Special Conditions of the Contract. City's standard form of Contract between City and
the Contractor shall also be utilized, along with City's form of Bid Bond, Performance
Bond and Payment Bond. Architect shall also compile the Project Manual that includes
the Conditions of the Contract for Construction and Specifications and may include
bidding requirements and sample forms.
(2) Architect shall provide the City a digital copy of a complete set of proposed
Construction Documents for review and official approval prior to the advertisement of
bids for the construction of the Project, and within the agreed Performance Schedule
following approval of the Design Documents.
(3) Architect shall be solely responsible for obtaining the prior approval of the Texas
Department of Licensing and Regulation prior to submittal of all Construction
Documents to City for approval. Any fees charged by the Department for this approval
shall be paid by the City.
2.05 Bidding and/or Negotiation Phase. Architect shall provide the following Bidding/Negotiation
Services: as delineated in the Agreement this document supplements and herein, and as follows:
Following City's approval of the Construction Documents and of the latest Statement of Probable
Construction Cost, Architect shall assist City in awarding a construction contract following legal public
bid requirements. Architect shall arrange for procuring the reproduction of Bidding Documents,
distributing same to prospective bidders, and maintaining records. Owner shall be responsible for
payment for the costs of reproduction of such documents, either directly or through reimbursement to
Architect. During the bid process, Architect shall assist City as follows:
(1) Jointly conducting pre-bid conferences, including on-site visits as required, to endeavor
to assure that bidders understand the Construction Documents, the various on-site
conditions, and the coordination and scheduling requirements.
(2) Preparing responses to questions from prospective bidders, and providing clarifications
and interpretations of the Bidding Documents to all prospective bidders in the required
form of addenda to Contract Documents.
(3) Assisting in the opening of bids, tabulation and evaluation of bids received, and advising
on award of the contract.
(4) Jointly conducting pre -award conferences where necessary.
Architect's assistance to City shall include submitting written reviews and recommendations for
awards based upon the acceptability of bids; and, if required by City, more detailed analyses of specific
bids. Reviews shall also consider the responsiveness of bids and their conformity with Bid Documents.
2.06 Construction Observation Phase. Architect shall provide the following Construction
Observation Phase Services: as delineated in the Agreement this document supplements and herein, and
as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one-year warranty inspection of the completed Project, correction of all
defects in Project materials and workmanship, and resolution of all Project -related claims and disputes.
During the Construction Phase, Architect shall provide the following services:
(1) Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially modified
without Architect's written consent.
(2) Architect shall review properly prepared, timely requests by the Contractor for additional
information about the Contract Documents. A properly prepared request for additional
information about the Contract Documents will be in a form prepared or approved by
Architect and will include a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification
requested.
M
(3) If deemed appropriate by Architect, Architect will on Owner's behalf prepare, reproduce
and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and initial decisions, Architect will
endeavor to secure faithful performance by both Owner and the Contractor, will not show
partiality to either, and will not be liable for the results of interpretations or decisions so
rendered in good faith.
(5) Architect shall render initial decisions on claims, disputes or other matters in question
between Owner and the Contractor as provided in the Contract Documents. However,
Architect's decisions on matters relating to aesthetic effect will be final only if consistent
with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all known and substantial deviations from the Contract
Documents and most recent construction schedule submitted by the Contractor.
However, Architect will not be responsible for the Contractor's failure to perform work
in accordance with requirements of the Contract Documents. Architect will be
responsible for Architect's acts or omissions, but will not have control over or charge of
and will not be responsible for acts or omissions of the Contractor, Subcontractors, or
their agents or employees, or any other persons or entities performing portions of the
work.
(7) Architect will at all tirnes have access to the work wherever it is in preparation or in
progress.
(8) Owner will endeavor to communicate with the Contractor through Architect about
matters arising out of or relating to the Contract Documents. Communications by and
with Architect's subconsultants will be through Architect.
(9) Architect, as a representative of City, shall advise and consult with Director and will keep
City informed in writing through him of the progress of the Project, including percent
complete on a monthly basis, during the Construction Phase; and after issuance of the
"work order" to proceed with the work, all of City's instructions to its Contractors will be
issued through Architect. Architect will have authority to act on behalf of Owner only to
the extent provided in this Agreement unless otherwise properly modified by written
amendment.
(10) Architect shall provide, during construction, adequate and competent on-site construction
observation, periodically visiting the site to the extent necessary to personally familiarize
itself with the progress and quality of the work, and to determine if the work is
proceeding in substantial accordance with the Contract Documents. Architect's site
observations may be conducted with Owner's designated representative to check
conformance of the work with the requirements of the Contract Documents and to verify
the accuracy and completeness of the list submitted by the Contractor of work to be
completed or corrected. Field Reports of each visit shall be prepared by Architect and
submitted to City. Architect shall employ reasonable measures to safeguard City against
defects and deficiencies in the work of the Contractor. Architect shall not be responsible
for the construction means, methods, techniques, sequences of procedures, nor for the
safety precautions and programs employed in connection with the work. However,
Architect will immediately inform Director whenever defects and deficiencies in the
work are observed, or when any observed actions or omissions are undertaken by the
Contractor which are not in the best interests of City and the Project.
(11) Based on such observations at the site and on the Contractor's Application and Certificate
for Payment, Architect shall determine, monthly, the amount owing to the Contractor and
shall certify and forward the Contractor's Application and Certificate for Payment to
Director for approval and payment. These certifications shall constitute a representation
by Architect to City, based on observations at the site and other data comprising the
application for payment, that the work has progressed to the point indicated; that to the
best of Architect's knowledge, information and belief, the quality of the work is in
accordance with the Contract Documents (subject to an evaluation of the work as a
functioning whole upon substantial completion, to the results of any subsequent tests
required by the Contract Documents, to minor deviations from the Contract Documents
correctable prior to Project completion, and to any specific qualifications stated in the
Certificate); and that the Contractor is entitled to payment in the amount certified.
(12) Architect shall have authority to reject work which does not conform to the Contract
Documents. Whenever Architect considers it necessary or advisable, Architect will have
authority to require inspection or testing of the work in accordance with the provisions of
the Contract Documents, whether or not such work is fabricated, installed or completed.
However, neither this authority of Architect nor a decision made in good faith either to
exercise or not exercise such authority shall give rise to a duty or responsibility of
Architect to the Contractor, Subcontractors, material and equipment suppliers, their
agents or employees or other persons or entities performing portions of the work.
(13) Architect shall make recommendations on all claims and disputes of City or the
Contractor relating to the execution and progress of the work or the interpretation of the
Contract Documents, based upon such review and analysis by Architect as may
reasonably be required. In the event of litigation, where Architect is named as an
additional party with the City, such assistance will include the availability of
knowledgeable witnesses in the employ of Architect for expert testimony.
(14) Architect shall use its best efforts to promptly review and approve or reject shop
drawings, product data and samples and other submissions of the Contractor for
conformance only with the design concept of the Project and with the information given
in the Contract Documents. Architect shall establish and implement precise procedures,
to be approved by City's Director, for expediting the processing and approval of these
submissions without delay. Prompt review by Architect of submissions is of prime
importance to City and an absolute necessity under the time constraints of the Project.
(15) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in six (6) copies, after review and approval by City. Each Change
Order shall be specific and final as to prices and extensions of time, with no reservations
or other provisions allowing for future additional money or time as a result of the
IN
particular changes identified and fully compensated in the Change Order. Architect's
compensation for preparation of Change Orders, if any, shall be determined by Section
2.09(l) below.
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director for City's approval and payment. In
addition, Architect shall make inspection of the Project at least thirty (30) days before the
expiration of the one (1) year warranty contained in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor
and major Subcontractors. Minutes of same shall be prepared by Architect with copies
submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work, consistent
with the Contract Documents, and not involving an adjustment in the Contractor's bid
price or an extension of the Project Schedule. Such changes shall be accomplished by
Field Order. In addition, Architect may issue written Field Orders which interpret the
Plans and Specifications, with copies submitted to City's Director.
(19) Architect shall assernble and deliver to City a set of reproducible Record Construction
Drawings showing significant changes in the work during the construction process and
final location of mechanical and electrical service lines and outlets, based upon marked -
up prints of drawings and other data furnished by the Contractor to Architect. Architect
shall provide Record Construction Specifications which will identify the changes in the
specifications on a sheet, which sheet will be inserted at the beginning of each section to
which they pertain.
(20) Architect shall obtain from the Contractor and forward to Owner the following: (1)
consent of surety or sureties, if any, of reduction in or partial release of retainage or the
making of final payment; and (2) affidavits, receipts, releases and waivers of liens or
bonds indemnifying Owner against liens.
2.07 Warranty Phase. Architect shall assist Owner in scheduling corrections to be made by the
Contractor during the warranty period. During the eleventh month following completion of the prime
general contract, Architect will arrange for a warranty inspection tour of the entire Project by authorized
representatives of City, the Subconsultants and of each prime contractor engaged on the Project.
Architect shall then prepare a list of work which needs to be done by each prime contractor to satisfy that
prime contractor's warranty obligations to City. For any non -warranty involvement of Architect,
payments shall be made based upon the Hourly Rate Schedule contained in this Agreement.
2.08 Project Representation Beyond Basic Services. In the event that circumstances should develop
whereby continuous, full-time representation at the Project site is required, the conditions under which
such representation shall be furnished and the Project Representatives selected, employed and directed
shall be governed by an additional written Supplemental Agreement between City and Architect.
2.09 Additional Services. Architect shall perform Additional Services, as requested by City, after a
not -to -exceed amount has been mutually agreed upon in writing by Director and Architect. If the amount
7
of Additional Services requested by the City exceeds Fifty Thousand and no/100 Dollars ($50,000.00),
Architect shall not proceed until the appropriate Resolution or directive for such Additional Services has
been delivered from the City Council or City Manager. The following services are not covered under
Article II, which defines and outlines Architect's Basic Services. If any of these Additional Services are
authorized in writing by Director in advance of their perfonnance, they shall be paid for in the manner
agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved plans
when the changes in approved Plans and Specifications are required by the City. If
changes are required to be made because of error, oversight, clarification, discrepancy, or
budget overruns in the work of Architect, City shall not be liable to compensate Architect
for Additional Services or expenses in such connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire or
other cause during construction, and furnishing professional services as may be required
in connection with the replacement of such work, unless damage was the result of
Architect's error.
(3) Providing other extraordinary professional services over and above the contract
requirements, where required and requested by City, including extraordinary professional
services which might result if the City decides to "fast-track" the Project.
(4) Providing construction phase services more than twelve (12) months after the start of
construction of the Contractor's Notice to Proceed, whichever occurs first.
(5) Performing more than two (2) reviews of each shop drawing, product data item, sample
or similar submittal from the Contractor.
(6) Providing more than twenty-four (24) site visits/construction meetings over the duration
of the Project.
(7) Providing more than two (2) inspections for any portion of the Work to determine
whether such portion of the Work is substantially complete in accordance with the
requirements of the Contract Documents.
(8) Providing more than one (1) inspection for any portion of the Work to determine Final
Completion.
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information. City shall provide full information regarding requirements for the Project.
3.02 Designate representatives. City shall designate, when necessary, representatives authorized to
act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining
thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the constriction contractor. Any charges which may be assessed
for tap fees will be paid by City and are not to be included by Architect in the Specifications for the
Project.
3.05 Fees. City shall pay for fees required for Architect's submittal and approval of documents as set
forth in the Agreement this document supplements.
3.06 Miscellaneous items. City will also provide Architect with City of Round Rock General and
Supplementary General Conditions for Building Construction, Instructions to Bidders, Proposal Forms,
Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and
materials as may be necessary and practicable for the orderly and expeditious process of the work and the
awarding of the Construction Contract. To the extent practicable, these documents shall be utilized in the
preparation of the Construction Documents.
ARTICLE IV
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Project has not been fully ascertained as of the date of making of these Contract Documents. Architect, in
consultation with City, shall determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents, and will make reasonable adjustments in the
scope of the Project to bring it within the limits when fixed. With City approval, Architect may also
include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the
lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project is still
less than the fixed limit of total Budgeted Construction Cost for the Project, City shall pay Architect fees
for Basic Services in accordance with this Agreement.
4.02 Procedures if Bid(s) Exceed Budgeted Construction Costs. If the lowest responsible bid
exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project, City at its option
may either (1) give written approval of an increase in such fixed limit, with no obligation to increase
Architect's fee, or (2) authorize rebidding within a reasonable time, or (3) cooperate in revising the
Project scope and quality as required to reduce the Probable Construction Cost. In the case of (3), if the
lowest responsible bid exceeds the Budgeted Construction Cost by more than ten (10%), Architect,
without additional charge, shall immediately modify the Drawings and Specifications as necessary to
bring the Project cost within the budgeted fixed limit, or within any higher fixed limit subsequently
authorized by City. Providing this service shall be the limit of Architect's responsibility in this regard,
and having done so, Architect shall be entitled to his fees in accordance with this Agreement. If the
lowest responsible bid is within ten percent (10%) of the Budgeted Construction Cost, the Architect shall,
upon the City's request and as an Additional Service, make revisions to Drawings and Specifications to
reduce the Probable Construction Cost. However, when the excess is due to changes initiated by
Architect in scope, basic systems or the kinds and quality of materials, finishes or equipment, Architect
shall make revisions at no additional cost to City.
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ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are included in the total not -to -exceed fee
delineated in the Agreement this document supplements and herein, and include the actual expenditures
and actual costs set forth in the Agreement this docurnent supplements.
ARTICLE VI
PAYMENTS TO THE ARCHITECT
6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly in
proportion to the degree of completion of each phase, as delineated in the Agreement this document
supplements and herein.
As to the Construction Observation Phase fee apportionment, Architect shall invoice for equal
monthly payments based upon the contractually -stipulated Construction Period.
6.02 Reimbursable Expenses. Payments for authorized Reimbursable Expenses for Architect, as
hereinbefore referred to and in an amount not to exceed $40,000.00, shall be made following presentation,
review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions. No deductions shall be made from Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims, whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is
abandoned or suspended, in whole or in part, Architect is to be paid for the services performed on account
of it prior to receipt of written notice fi•om City through its Director of such abandonment or suspension.
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director, Architect shall comply promptly with such request. In this regard, should Director
determine it necessary, Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
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6.08 Offsets. City may, at its option, offset any amounts due and payable under this Agreement against
any debt (including taxes) lawfully due to City from Architect, regardless of whether the amount due
arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due
to City has been reduced to judgment by a court.
ARTICLE VII
ARCHITECT'S ACCOUNTING RECORDS
7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining
to the Project, and records of accounts between City and Architect shall be kept on a generally recognized
accounting basis and shall be available to City or its authorized representatives at mutually convenient
times.
ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully
understood by Architect that Director may cancel or indefinitely suspend further work hereunder or
terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written
notice to Architect, with the understanding that immediately upon receipt of said notice all work and labor
being performed under this Agreement shall cease. Architect shall invoice City for all work satisfactorily
completed and shall be compensated in accordance with the terms of this Agreement for all work
accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All
plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall
become the property of City upon termination of this Agreement, and shall be promptly delivered to City
in a reasonably organized form without restriction on future use. Should City subsequently contract with a
new architect for continuation of services on the Project, Architect shall cooperate in providing
information.
8.02 Default. Nothing contained in Section 8.01 above shall require City to pay for any work which is
unsatisfactory as determined by Director or which is not submitted in compliance with the terns of this
Agreement. City shall not be required to make any payments to Architect when Architect is in default
under this Agreement, nor shall this Article constitute a waiver of any right, at law and at equity, which
City may have if Architect is in default, including the right to bring legal action for damages or to force
specific performance of this Agreement.
ARTICLE IX
GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS,
CONTRACT ADMINISTRATION
9.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary
General Conditions to AIA Document A201, "General Conditions of the Contract for Construction", are
to be used by Architect without modification; however, City may, upon prior consultation, approve of any
changes that may be necessary for specific cases or instances. Any special conditions pertaining to the
Project that are approved by City will be included under the Special Conditions portion of the
Construction Documents.
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9.02 Contract Administration. This Agreement shall be administered on behalf of City by its City
Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute
arising hereunder shall be submitted to Director, whose decision in the matter shall be final and binding.
ARTICLE X
RESPONSIBILITY FOR WORK INDEMNIFICATION AND INSURANCE
10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a
release of the responsibility and liability of Architect, its employees, subcontractors, agents and
consultants for the accuracy and competency of their Designs, Working Drawings, Specifications or other
documents and work; nor shall such approval be deemed to be an assumption of such responsibility by
City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other
documents prepared by Architect, his employees, subcontractors, agents and consultants.
10.02 Indemnification (Damage Claims). Architect agrees to indemnify and hold City, its officers,
agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses for
personal injury (including death), property damage or other harm for which recovery of damages is
sought, suffered by any person or persons, that may arise out of or be occasioned by Architect's breach of
any of the terms or provisions of this Agreement, or by any negligent act or omission of Architect, his
officers, agents, associates, employees or subconsultants, in the performance of this Agreement; except
that the indemnity provided for in this paragraph shall not apply to any liability resulting from the
negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and
concurrent negligence of both Architect and City, responsibility and indemnity, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving
any governmental immunity available to City under Texas law and without waiving any defenses of the
parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
10.03 Indemnification (Patent and Copyright Claims). Architect agrees to completely indemnify and
hold harmless City, its officers, agents and employees, against a claim that any of the Designs, Plans or
Specifications prepared by Architect, its employees, associates or subconsultants, pursuant to this
Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of whether
or not City is proven to have actively induced or contributed to the infringement. Architect will pay any
and all resulting costs, damages and attorney's fees finally awarded, provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has control of settlement negotiations.
(a) The City Attorney of City shall be kept informed of settlement negotiations, and
shall execute any settlement agreement reached by Architect on City's belialf.
(b) Architect's indemnification under this section is conditioned on City's agreement
that if any of the designs, plans or specifications, become, or in Architect's
opinion are likely to become, the subject of such a claim, City will permit
Architect, at Architect's option and expense, either to procure the right for City
to continue using the designs, plans or specifications or to replace or modify the
same so that they become non -infringing; and if neither of the foregoing
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alternatives is available on terms which are reasonable in Architect's judgment,
City, to the extent City is legally able to do so, will cease using the designs, plans
or specifications on written request of Architect, in which instance City has the
sole option to either require Architect to perform new design work at Architect's
sole expense, or to terminate this Agreement.
(c) Architect has no liability under this section for any claim of infringement based
upon the modification or alteration of the designs, plans or specifications
prepared under this Agreement subsequent to the Project by City, or by any
engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
10.04 Insurance. Architect, at Architect's sole cost, shall purchase and maintain during the term of this
Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars
($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable
to City. Failure to maintain the minimum insurance coverage during the tern of this Agreement shall be
considered a material breach of this Agreement.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Agreement to maintain
during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum
insurance required in Section 10.04 above, including the required provisions and additional policy
conditions as shown below in Section 10.06, unless specifically waived by the City Manager.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
requirements among its subconsultants. City shall be entitled, upon request and without expense, to
receive copies of these certificates of insurance.
10.06 Insurance Policy Endorsements. Each insurance policy under paragraph 10.04 shall include the
following conditions by endorsement to the policy:
(1) Each policy shall require that thirty (30) days prior to the expiration, cancellation, or non-
renewal, a notice thereof shall be given to City by certified mail to:
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Architect shall also notify City, within 24 ]tours of receipt, of any notices of expiration,
cancellation, or non -renewal it receives from its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Architect.
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(3) The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees
and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
(4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently
held by City, to any such future coverage, or to City's Self -Insured Retentions of
whatever nature.
10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by
Architect shall be borne solely by Architect, with certificates of insurance evidencing such minimum
coverage in force to be filed with the City.
ARTICLE XI
COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES, ETC.
11.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall
comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Round
Rock, as amended, and with all applicable rules and regulations promulgated by all local, State and
National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in
the performance of the professional services contracted for herein.
11.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services
performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the
Texas Limited Sales, Excise, and Use Tax Act.
ARTICLE XII
TERM
12.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or extended
by mutual agreement approved by City's Director, the term of this Agreement shall be from the date
hereof until final completion of the Project and all architectural/engineering and construction
administration services in connection therewith, including the final one (1) year warranty inspection, and
resolution of any outstanding Project -related claims or disputes.
12.02 Project Performance Schedule. Architect understands that the Project Performance Schedule is
of critical importance, and agrees to undertake all necessary efforts to expedite the performance of
services required herein, so that construction of the Project will be commenced as scheduled. In this
regard, Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and
timely accomplish all services required under this Agreement in the highest professional manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers,
employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
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13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other
documentation and work developed by Architect hereunder shall be kept confidential, and shall not be
disclosed to any third parties without the prior written consent and approval of City's Director.
ARTICLE XIV
GENERAL PROVISIONS
14.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that any
failure of Architect to complete the services for each phase of this Agreement within the agreed Project
Performance Schedule will constitute a material breach of this Agreement. Architect shall be fully
responsible for its delays or for failures to use his best efforts in accordance with the terms of this
Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances,
City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any
of City's additional legal rights or remedies.
14.02 Force Majeure. Neither City nor Architect shall be deemed in violation of this Agreement if it is
prevented from performing any of its obligations hereunder by reasons for which it is not responsible or
circumstances beyond its control. However, notice of such impediment or delay in performance must be
timely given, and all reasonable efforts undertaken to mitigate its effects.
14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Architect shall not assign, sublet
or transfer any interest in this Agreement without prior written authorization of City's Director.
14.04 Amendments. This Agreement, representing the entire agreement between the parties, may only
be amended or supplemented by mutual agreement of the parties hereto in writing.
14.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson
County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or
all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas.
This Contract shall be governed by and construed in accordance with the laws and court decisions of the
State of Texas.
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
City Manager, City of Round Rock Stephan L. Sheets, City Attorney
221 East Main Street and to: 309 East Main Street
Round Rock, Texas 78664 Round Rock, Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the
Architect as follows:
Jacobs Engineering Group Inc.
1999 Bryan Street
Suite 1200
Dallas, Texas 75201
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. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
approved by the City Council on March , 2016, and Jacobs
Engineering Group Inc. signing by and through its duly authorized representative, thereby binding the
parties hereto, their successors, assigns and representatives for the faithful and full performance of the
terms and provisions of this Contract.
CITY OF ROUND ROCK, TEXAS
By:
Date:
Alan McGraw, Mayor
ATTEST:
Sara L. White, City Clerk
FOR CITY, APPROVED AS TO FORM:
IN
Stephan L. Sheets, City Attorney
JACOBS ENGINEERING GROUP INC.
By: r
Date: 3 " 1
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN, TEXAS
78711-2337 OR 333 GUADALUPE, SUITE 2-350, AUSTIN, TEXAS 78701-3942, TELEPHONE (512)
305-9000, HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER THE ARCHITECTS'
REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a.
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