R-01-08-23-14F5 - 8/23/2001 RESOLUTION NO. R-01-08-23-14F5
WHEREAS, the City of Round Rock desires to retain professional
architectural services for the design of a two-level parking garage at
the Municipal Office Complex, and
WHEREAS, Austin Architecture Plus, Inc . has submitted
Supplementary Agreement No . 2 ( "Agreement" ) to provide said services,
and
WHEREAS, the City Council desires to enter into said Agreement
with Austin Architecture Plus, Inc . , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City Supplementary Agreement No . 2 with Austin
Architecture Plus, Inc . for architectural services for the design of a
two-level parking garage at the Municipal Office Complex, a copy of
said Agreement being attached hereto 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, and the Act .
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RESOLVED this 23rd day of August, 2001 .
ROB A. STLUKA, JR. , Mayor
City of Round Rock, Texas
ATTEST:
AA
JO NE LAND, City Secretary
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C s
r ;
SUPPLEMENTARY AGREEMENT NO.2
THE STATE OF TEXAS § .
§
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This document is entitled Supplementary Agreement No. 2, and it supplements Standard
Form of Agreement Between Owner and Architect with Standard Form of Architect's Services,AZA
Document B141-1997, for the following Project:
Complete professional planning, architectural, design, landscaping and
civii/structural/mechanical/electrical engineering services related to the following:
I. Masterplan City Campus and District;
ZZ_ Parks and Recreation/Municipal Courts Building and Site,, including
administration of the construction contract; and
III. Infrastructure Improvements,
all as are more specifically identified and described in the accompanying.AIA
Document B141-1997.
This Supplementary Agreement No. 2 is made and entered into as of the day of
, 2001, and is by and between the same parties, those being the CITY OF
ROUND ROCK, a home-rule municipal corporation of Williamson County, Texas (hereinafter
referred to as "City" and/or"Owner') and ARCHITECTURE+PLUS,with offices located at 1907
North Lamar, Suite 260, Austin, Travis County, Texas, 78705 (hereinafter referred to as
"Architect").
WITNESSETH :
WHEREAS, City intends to construct the parking garage described on the attached Exhibit
"A" (hereinafter called the "Parking Garage Project") at a total budgeted construction cost not to
exceed One Million Seven Hundred Fifty Thousand and No/100 Dollars ($1,750,000.00) for the
completion of the Parkiiig Garage Project. Architect's services are desired for purposes including
but not limited to planning, designing, and engineering of the Parking Garage Project. Total
compensation for Architect's services under this Supplementary Agreement No. 2 shall not exceed
the following:
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08/15/2001 10:24 FAX 5122185563 CORR PUBLIC WORKS SHEETS 003
IV. Parking Garage Project-total architect's services not to exceed$149,300.00, which
includes an allowance for Reimbursable Expenses not to exceed$2,500.00 as Rather
described hereinbelow.
WHEREAS, City desires to contract with Architect for complete architectural and
engineering services in connection with design and construction of the Parking Garage Project, and
for the administration of the Construction Contract during construction of the Parking Garage
Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or
will budget therefor; and
WITEREAS,Architect has agreed to provide such professional services for the compensation
delineated herein;
NOW, THEREFORE, City and Architect, in consideration of the terms covenants and
conditions contained in the Agreement this document supplements and herein, do hereby contract
as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope.Architect,as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Parking Garage Project as set forth in
this Contract.
1.02 Compensation.City shall compensate Architect in accordance with the terms and conditions
of this Contract as follows:
(1) IV. PARKING GARAGE PROJECT
(a) Base Bid Parking Garage $105,000
(b) Alternate 3rd Level Parking $ 21,000
(c) Shell Space2$ 0,300
TOTAL A/E SERVICES FOR IV. ABOVE $146,800
Reimbursable Expenses S 2,500
(2) For Architect's Basic Services, including a separate water pollution abatement plan
and the services of the professional consultants engaged for complete architectural,
civil,landscape, and mechanical/electrical/plumbing services, a maximum Basic Fee
not to exceed$146,800.00 as set forth below:
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(a) Schematic Design Phase(1511/o) $ 22,020
(b) Design Development Phase(25%) $ 36,700
(c) Construction Documents Phase(35%) $ 51,380
(d) Bidding Phase(05%) $ 7,340
(e) Construction/Administration Phase (20%) S29,360
TOTAL $146,800
(3) For approved Reimbursable Expenses, as defined in Article V hereof, an allowance
not to exceed $2,500.00. Eligible Reimbursable Expenses, other than Special
Consultants, shall be billed to City at 1.05 times the amount billed Architect for
same. Eligible Reimbursable Expenses for the use of Special Consultants shall be
billed to City at 1.10 times the amount billed Architect for same.
(4) For Architect's Additional Services, if any be authorized in advance by City as
hereinafter provided, a supplemental fee to be computed as follows:
(a) Principal's time at a fixed rate of S90.00 per hour. For purposes of this
Contract, the Principals are: Mac Ragsdale, AIA, and Betty Trent,AIA
(b) Employees'time shall be paid at the following agreed hourly rates:
Project Architect $ 80.00
CARD/Technical Support I $ 55.00
CADD/Technical Support H $45.00
CADD/Technical Support III S35,00
(e) Additional Services of Basic Consultants (including structural,mechanical,
electrical engineez-i ng) shall be computed at 1.10 times the amounts billed to
Architect, Additional Services of Special Consultants shall be computed at
1.10 times the amount billed Architect for such services.
(5) Unless subsequently changed by additional Supplemental Agreement to this
Contract,duly authorized by City Council Resolution,Architect's total compensation
under this Contract for Basic Services shall not exceed $146,800.00; plus a not-to-
exceed amount of$2,500.00 :For approved Reimbursable Expenses. These amounts,
totaling$149,300.00,represent the absolute limit of City's liability to Architect under
this Contract, unless same shall be changed by additional Supplemental Agreement
hereto.
(6) The times and further conditions of payment shall be as described in Article VI
hereof.
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(7) In the event that the surface parking lot is never bid or built, a credit of S6,180.00
shall be applied against the remaining fees for the PARD/Courts Building.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. The Architect`s Basic Services consist generally of the. phases described
below, and include complete architectural services and complete structural, mechanical, and
electrical services, and such other services as may be necessary to assist the City in the design and
construction of the Parking Garage 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
Contract for all purposes_Architect agrees that upon execution of this Contract,it will submit to City
within tett(10)days a list of all additional consultants it intends to utilize, not previously identified
in Architect's Proposal Letter,delineating their respective tasks. All of Architect"s consultants shall
be subject to the approval of the City through its Director of Public Works, and City reserves the
right to reject any consultant, Architect shall perform all work hereunder in a manner satisfactory
and acceptable to the City,represented by its Director of Public Works or his designee, hereinafter
referred to as "Director." Architect's Final Plans and Specifications shall i,ziclude plans and profiles
necessary to tie all Parking Garage Project water, sewer and storm drainage ,lines into adjacent
existing lines and facilities, as authorized and approved by Director. A Performance Schedule shall
be agreed to by Architect and Director, and Architect agrees to use its best efforts to complete all
services hereunder in accordance with such Performance Schedule. All services shall be performed
to the highest professional standard.
2.02 Schematic Design and Design Development Phases. Architect shall provide the following
design development phase services:
(1) Architect shall prepare Design Development Documents based upon the approved
Schematic Design Documents to include adequate Specifications for elements of the
Parking Garage Project for consideration and approval by the Director. Five (5)
copies each of said documents will be submitted for distribution, each consisting of
drawings and other documents to fix and describe the size, cross sections and
character of the Parking Garage Project as to architectural,structural,mechanical and
electrical systems, materials, and such other essentials as may be necessary and
appropriate. The Design Development Phase shall be completed within the agreed
Performance Schedule.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in
a form acceptable to the Director. Any variance in the estimated construction costs
that will adversely affect the established Project Budget will be submitted to the
Director with appropriate comments and recommendations prior to beginning the
Construction Documents Phase.
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(3) After approval of the Design Development Documents by the Director,Architect will
submit a Statement,in triplicate, for services rendered for the unpaid balance of the
fifteen percent(15%) of the Basic Fee authorized herein under Section 6.01.
(4) After approval of the Design Development Documents by the Director,Architect will
submit a Statement,in triplicate, for services rendered for the unpaid balance of the
twenty-five percent(25%) of the Basic Fee authorized herein wider Section 6.01.
2.03 Construction Documents Phase, Architect shall provide the following construction
documents phase services:
(1) Architect shall prepare from the approved Design Development Documents, for
consideration of and approval by the Director, Construction Documents, which
documents shall set forth in detail the requirements of the Parking Garage Project,
including the necessary bidding information. 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 without modification, along with City's form of Bid
Bond, Performance Bond and Payment Bond.
(2) Architect shall fii nish City in writing a revised Statement of Probable Construction
Cost, indicating cost changes resulting from changes in Parking Garage Project
requirements or general market conditions, in a form acceptable to the Director.
(3) Architect shall file five(5)complete sets of proposed Construction Documents with
the Director for review and official approval prior to the advertisement of bids for the
construction of the Parking Garage Project, and within the agreed Performance
Schedule following approval of the Design Development Documents. Following
approval, Architect shall prepare and have on hand additional sets as needed for
bidding purposes. Architect shall also file with the Director at said time, the
following items:
(a) Tracing of the Project Title Sheet, signed by Architect, with seal affixed.
(This tracing shall be returned to Architect to print contract documents when
the signatures of City officials have been properly affixed).
(b) Two (2) copies of Statement of Probable Construction Cost in a form
acceptable to City.
(c) Four (4) unbound copies of the approved Project Construction Manual for
subsequent binding with signed construction contracts. The Project
Construction Manual shall include General and Supplementary General
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Conditions; Specifications and Special Provisions; Advertisement,
Instructions to Bidders and Bid Proposal Form; City's Bid Bond, Contract,
Performance and Payment Bond Forms; approved Wage Rates;Federal
regulations if applicable to the Project; and other required documents for
construction of the Project.
(4) After approval of the Construction Documents by the Director,Architect will submit
a Statement,in triplicate, for services rendered for the unpaid balance of the seventy-
five percent(75%) of the Basic Fee authorized herein under Section 6.01.
2.04 Bidding Phase. Architect shall provide the following bidding phase services:
(1) 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. During the bid process, Architect
shall assist City as follows:
(a) Issue and control of documents for bidding.
(b) Jointly conducting pre-bid conferences,including on-site visits as required,
to endeavor to assure that bidders understand the Constriction Documents,
the various on-site conditions, and the coordination and scheduling
requirements.
(c) Preparation of required addenda to Contract Documents.
(d) Tabulation and evaluation of bids received.
(e) Jointly conducting pre-award conferences where necessary.
(2) 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.
(3) Upon award of the Construction Contract, Architect will submit a Statement, in
triplicate, for services rendered for the unpaid balance of the eighty percent(80%)
of the Basic Fee authorized herein under Section 6.01.
2.05 Construction Phase-Administration of the Construction Contract(s). Architect shall
provide the following construction phase - administration of the construction contract(s)services:
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(1) The Construction Phase will commence with the award of the Construction Contract
and will terminate following the final one-year warranty inspection of the completed
Parking Garage Project,correction of all defects in Parking Garage Project materials
and workmanship, and resolution of all Parking Garage Project-related claims and
disputes. During the Construction Phase, Architect shall provide the following
services:
(2) 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.
(3) Architect, as a representative of City,shall advise and consult with the 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.
(4) Architect shall provide, during construction, adequate and competent on-site
construction observation, periodically visiting the site to the extent necessary to
personally familiarize himself with the progress and quality of the work, and to
determine if the work is proceeding in accordance with the Contract Documents.
Architect's site observations may be conducted with Owner's designated
representative to check conformance of the work with the requirements of the
Contract Documents and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected. Field Reports of
each visit shall be prepared by Architect and submitted to City. Architect shall
employ all reasonable measures to safeguard City against defects and deficiencies in
the work of the Contractor. Architect shall not be responsible for the construction
means,methods, techniques, sequences of procedures,nor for the safety precautions
and programs employed in connection with the work. However, Architect will
immediately inform the Director whenever defects and deficiencies in the work are
observed, or when any observed actions or omissions are undertaken by the
Contractor which are not in the best interests of City and the Project.
(5) 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 the Director for approval and payment. These certifications shall
constitute a representation by Architect to City,based on observations at the site and
other data comprising the application for payment, that the work has progressed to
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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.
(6) Architect shall recommend to City rejection of work which does not conform to the
Contract Documents. Architect shall make recommendations on all claims and
disputes of City or the Contractor relating to execution and progress of the work or
interpretation of the Contract Documents,based upon such,review and analysis by
Architect as is reasonably required. In the event of litigation, where Architect is
named as an additional party with City, such assistance will include the availability
of knowledgeable witnesses in the employ of Architect for expert testimony.
(7) Architect shall use his 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 skull 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.
(8) Architect shall prepare Change Orders 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 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.2.07(1)below.
(9) Architect shall conduct a professional observation to detemtine the dates of
substantial completion and final completion, shall receive written guarantees and
related documents assembled by the Contractor for submittal with the final
Certificate of Payment,and shall prepare and present a final Certificate for Payment
to Director for City's approval and payment. In addition, Architect shall make a
professional observation of the Project at least thirty(30)days before the expiration
of the one(1)year warranty contained in the Contractor's Performance Bond.
(10) 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.
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(11) 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.
(12) Architect shall assemble 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 fiunished 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.
(13) Upon satisfactory completion of Record Construction Documents, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
one hundred.percent(100%)of the Basic Fee authorized herein in Section 6.01.
2.06 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.
2.07 Additional Services.Architect shall perform Additional Services,as requested by City,after
a not-to-exceed amount has been mutually agreed upon in writing by the Director and Architect.
Where City Council authorization is required, Architect shall not proceed until the appropriate
Resolution for such Additional Services has been adopted.The following services are not covered
under Article IL which defines and outlines Architect's Basic Services. If any of these Additional
Services are authorized in writing by the Director in advance of their performance,they shall be paid
for in the manner agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved
plans when the changes in approved Plans and Specifications are required by the
City, unforeseen circumstances due to hidden or unknown conditions, or
codes/ordinances or other legal requirements which may come into effect during the
course of the Project. If changes are required to be made because of error,oversight,
clarification, discrepancy,or budget overruns in the work of Architect, City shall not
be. liable to compensate Architect for Additional Services or expenses in such
connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire
or other cause during construction, and famishing professional services as may be
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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
Proj act_
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information.City shall provide full information regarding requiremants for the Project.
3.02 Designate representatives.City shall designate,when necessary, representatives authorized
to act in its behalf. City shall examine documents submitted by Architect and render decisions
pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Survey. City shall fi rnish, or direct Architect to obtain at City's expense, a certified survey
of the site, giving, as required,grades and lines of streets, alleys,pavements and adjoining property;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries,
contours and other data pertaining to existing buildings or adjacent to the site, other improvements
and trees; and full information as to available service and utility lines,both public and private, and
test borings, pits, reports and soil bearing values and other necessary operations for determining
subsoil conditions.
3.04 Tests and inspections. City shall furnish, or pay for structural,mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.05 Permits. City will furnish the building permit 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 City and are not to be included by Architect in.the Specifications
for the Project.
3.06 Miscellaneous items. City will also provide Architect with such items as the Project Facility
Program;two (2)copies of the 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.
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ARTICLE IV
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs.The fixed limit of total Budgeted Construction Cost for this
Parking Garage Project is$1,750,000.00. This amount is established as a condition of this Contract,
and shall provide the basis for Architect's design decisions. 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 fixed limits. 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, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost For the Project, established as a condition of this Contract, City
shall pay Architect fees for Basic Services in accordance with this Contract.
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, and as a
result thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed
limit of total Budgeted Construction Cost for the Project, established as a condition of this Contract,
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), Architect, without additional charge, shall immediately upon notice to
proceed from the Director,with completion within a reasonable period of time,modify the Drawings
and Specifications as necessary to bring the Project cost within the budgeted fixed limit, orwithin
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 Contract.
ARTICLE V
REIMBURSABLF EXPENSES
5.01 Reimbursable Expenses.Reimbursable Expenses are in addition to the fees for Basic and
Additional Services and include actual expenditures made by Architects, their employees, or their
consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized by the Director in advance. An allowance for Reimbursable Expenses not to
exceed$2,500.00 is established as a condition of this Contract.
5.02 Travel, telephone,postage, reproduction, etc.When authorized in advance by City, the
following shall be reimbursable: reasonable transportation and living expenses of principals and
employees when traveling in connection with the Project outside of Williamson County, Texas,
essential long distance calls and telegrams, fees paid for the securing of approval of authorities
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having jurisdiction over the Project, postage, and reproduction of Drawings and Specifications,
excluding copies for Architect's office use and the required number of sets at each phase of the work
for City's review.
5.03 Overtime.If authorized in advance by City,the expense of extraordinary overtime work,not
due to Architect delays, requiring higher than regular rates, and renderings, slides,photographs or
models for the City's use shall be reimbursable.
5.04 Texas Department of Licensing and Regulation fees.Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Natural Resource Conservation Commission fees.Any fees charged to Architect
by the Texas Natural Resource Conservation Commission for the Water Pollution Abatement Plan
and for the Sewage Collection Fee shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design
services is authorized by City,(for example, special lighting and landscape consultants, special soil
mechanics engineers, communications consultants, etc.), fees for other than normally required
architectural, structural, mechanical,electrical and civil engineering services and the Basic Services
hereinbefore defined, shall be reimbursable.
APJICLE V'1
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,but not to exceed the following percentages
of the respective fees at the completion and approval of each phase of the work:
Basic e e
Schematic Design Phase 15%Basic Fee
Design Development Phase 40%Basic Fee
Construction Documents Phase 75%Basic Fee
Bidding Phase 80%Basic Fee
Construction/Administration Phase 100%Basic Fee
(periodic payments based on percentage
of construction completed)
6.02 Reimbursable Expenses and Additional Services.Payments for authorized Reimbursable
Expenses and Additional Services for Architect, as hereinbefore referred to,shall be made following
presentation, review and approval of Architect's detailed invoice in triplicate.
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6.03 Deductions. No deductions skull be made from Architect's compensation on account of
penalty, liquidated damages or other suras 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 from 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 the
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 the Director, Architect shall comply promptly with such request. In this
regard, should the Director determine it necessary, Architect shall make all records and books
relating to this Contract available to City for inspection and auditing purposes.
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 Contract.Following approval of invoices, City will endeavor to pay Architect promptly,but
not later than the time period required under the Texas Prompt Payment Act; however, under no
circumstances shall Architect be entitled to receive interest on payments which are late because of
a good faith dispute between Architect and City or because of amounts which City has a right to
withhold under this Contract or state law.
6.08 Offsets. City may, at its option, offset any amounts due and payable under this Contract
against any debt (including taxes) lawfully due to City from Architect, regardless of whether the
amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or
not the debt due to City has been reduced to judgment by a court.
ARTICLE 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.
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ARTICLE VJJJ
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Contract, it is agreed and fully
understood by Architect that the Director may cancel or indefinitely suspend further work hereunder
or terminate this Contract either for cause or for the convenience of City, upon fifteen (15) days
written notice to Architect, with the understanding that immediately upon receipt of said notice all
work and labor being performed under this Contract shall cease. Architect shall invoice City for all
work satisfactorily completed and shall be compensated in accordance with the terms of this
Contract for all work accomplished prior to the receipt of said notice.No amount shall be due for
lost or anticipated profits. All plazas,field surveys, maps, cross sections and other data, designs and
work related to the Project shall become the property of City upon termination of this Contract, and
shall be promptly delivered to City in a reasonably organized form without restriction on future use.
Should City subsequently contract with a neve 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 the Director or which is not submitted in compliance with
the terms of this Contract. City shall not be required to make any payments to Architect when
Architect is in default under this Contract, nor shall this Article constitute a waiver of any right, at
law and at equity, which City may have if Architect is in default, including the right to bring legal
action for damages or to force specific performance of this Contract.
ARTICLE IX
GENERAL SUPPLEMENTARY AND SPECIAL CONDITIONS;
CONTRACT ADMINISTRATION
9.011 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.
9.02 Contract Administration. This Contract shall be administered on behalf of City by its
Director of Public Works, and Architect shall fully comply with any and all instructions from the
Director. Any dispute arising hereunder shall be submitted to the Director,whose decision in the
matter shall be final and binding.
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ARTICLE 7f
RES "ONSIBILITY 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, Worldng Drawings, and
Specifications or other documents prepared by Architect,his employees, subcontractors, agents and
consultants.
10.02 Indemnification (Damage Claims).Architect agrees to defend,indemnify and hold City,
its officers, agents and employees, harmless against any and all claims,lawsuits,judgments, costs
and expenses for personal injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons, that may wise out of or be
occasioned by Architect's breach of any of the terms or provisions of this Contract, or by any
negligent act or omission of Architect,his officers, agents, associates, employees or subconsultants,
in the performance of this Contract; except that the indemnity provided for in this paragraph shall
not apply to any liability resulting from the sole negligence of City, its officers, agents, employees
or separate contractors, and in the event of joint and concurrent negligence of both Architect and
City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with
the 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 defend
and indemnify City,its officers,agents and employees,against a claim that any of the Designs,Plans
or Specifications prepared by Architect, its employees, associates or subconsultant,s,pursuant to this
Contract infringe a U.S.patent or copyright directly,indirectly or contributorily.Architect will pay
any and all resulting costs, damages and attorney's fees finally awarded,provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has sole control of the defense and all related settlement negotiations,
(a) If Architect defends City against such claims, the City Attorney of City shall
be Dept informed of settlement negotiations,and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect's defense and indemnification under this section is conditioned on
City's agreement that if any of the designs,plaus or specifications,become,
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or in Architect's opinion are likely to become, the subject of such a claim,
City will permit Architect,at Architect's option and expense,either to procure
the right for City to continue using the designs,plans or specifications or to
replace or modify the same so that they become non-infringing; and if neither
of the foregoing alternatives is available on'terms which.are reasonable in
Architect's judgment, City, to the extent City is legally able to do so, will
cease using the designs, plans or specifications on written request of
Architect, in which instance City has the sole option to either require
Architect to perform new design work at Architect's sole expense, or to
terminate this Contract.
(c) Architect has no liability under this section for any claim of infringement
based upon the modification or alteration of the designs, plans or
specifications prepared under this Contract subsequent to the Project by City,
or by any engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
(3) The indemnification and defense provisions as set forth in this Section 10.03 shall
not apply to products or materials which City has required that Architect include in
any of the Designs, Plans and Specifications,or which are substituted by Contractor
or any of his subcontractors during the Construction Phase of the Contract.
10.04 Insurance.Architect, at Architect's sole cost, shall purchase and maintain during the term
of this Contract the minimum insurance coverage in the amount of One Million Dollars from a
company authorized to do insurance business in Texas and otherwise acceptable to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Contract to
maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated
minimum insurance required in Section 10.04 above, including the required provisions and
additional policy conditions as shown below in Section 10.06. As an alternative, Architect may
include its subconsultants as additional insureds on its own coverages as prescribed under these
requirements. Architect's certificate of insurance shall note in such event that the subconsultants are
included as additional insureds and that the Architect agrees to provide Workers' Compensation
coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order to
assure compliance with the insurance requirements. Architect must retain the certificates of
insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and without
expense, to receive copies of these certificates of insurance.
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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,
non-renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
Robert L. Bennett, Jr., AICP
City Manager, City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Architect shall also notify City, within 24 hours of receipt, of any notices of
expiration,cancellation,non-renewal,or material change in coverage it receives from
its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of,Architect.
(3) 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.
(5) Architect and City mutually waive subrogation rights each may have against the
other for loss or damage,to the extent same is covered by the proceeds of insurance.
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 V
COMPLIANCE WITH LAWS, CHARTER AJYD 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
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08/15/2001 10:27 FAX 5122185568 CORR PUBLIC WORKS SHEETS 0 019
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 Contract shall be from
the date hereof until final completion of the Project and all architectural/engineering and construction
administmtion 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.
(1) Time of completion of the services referenced herein shall be ninety(90) calendar
days following notice to proceed for final documents. Construction shall be
completed within 150 days, and may run concurrently with the PARD/Courts
Building. Parking facilities shall be completed and ready for use at the time the
PARD/Courts Building is ready for occupancy and use.
(2) Architect understands that the Project Performance Schedule is of critical
importance,and agrees to undertake all necessary efforts to expedite the performance
of services required herein, so that construction of the Project will be commenced as
scheduled.In this regard,Architect shall proceed with sufficient qualified personnel
and consultants necessary to fully and timely accomplish all services required under
this Contract in the highest professional,manner.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED, CONFIDENTIAUTY
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.
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.
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ARTICLE XIV
GENERAL PROVISION'S
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 Contract within the agreed
Project Performance Schedule will constitute a material breach of this Contract, Architect shall be
fully responsible for its delays or for failures to use his best efforts in accordance with the terms of
this Contract. Where damage is caused to City due to Architect's failure to perform in these
circumstances, City may withhold, to the extent of such damage,Architect's payments hereunder
without waiver of any of City's additional legal rights or remedies.
14.02 Force Maj cure.Neither City nor Architect shall be deemed in violation of this Contract if
it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible or circumstances beyond its control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
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 Contract. Architect shall not assign,
sublet or transfer any interest in this Contract without prior written authorization of City's Director.
14.04 Amendments. This Contract, representing the entire agreement between the parties, may
only be amended or supplemented by mutual agreement of the parties hereto in writing.
14.05 Enforcement and Venue.This Contract shall be enforceable in Round.Rock, Williamson
County,Texas, and if legal action is necessary by either party with respect to the enforcement of any
or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County,
Texas. This Contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
14.06 Notices.All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
Robert L. Bennett, Jr.,AICP
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the Architect
as follows:
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Mac Ragsdale, AIA
Project Principal
Architecture+Plus
1907 North Lamar, Suite 260
Austin, Texas 78705
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed
in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution
No. approved by the City Council on
and Architecture + Plus, signing by and through its duly authorized representative(s), thereby
binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
ATTEST: CITY OF ROUND ROCK,TEXAS
By:
Joanne Land, City Secretary Robert A. Stluka, Jr., Mayor
AUSTIN ARCHITECTURE PLUS,INC.
B� .i
� go�oq��
Mac Ragsdale, AIA, Principal
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 1.2337, 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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PARKING GARAGE DESCRIPTION
Project includes a base bid 2-level parking garage of approximately 52,000 sf for +/_ 160 cars
(26,000 sf with 80 cars/level). Parking garage will be designed to accommodate the future addition
of 3 levels for an ultimate facility of 400 cars on 5 levels. It is assumed that at least one level will
be wholly or partially below grade. Design will be in accordance with the Campus Master Plan and
assumes some decorative treatment to blend the facility with the adjacent PARD/Courts Building
and future campus. Building is anticipated to be precast concrete, and includes elevator and fire
protection system. Bid Documents will also be provided for an additional 3rd level to be added to
the base bid as an alternate.
Project also includes approximately 5,000 sf of shell(unfinished)space for private retail tenant or
other use as theCity may deem appropriate. This space would bonder Bagdad Street as shown on the
Master Plan, and be integral with the Parking Garage structure.
It is understood that the above will be bid as a separate stand alone project, and might not be under
the same general construction contract as the PARD/Courts Building. It is also understood that the
surface parking as currently designed will be reevaluated prior to issuing for bids, and may be bid
as an alternate or in lieu of the Parking Garage should Le, funds be insufficient.
EXHIBIT
CAr =057.we[uf� -All
DATE: August 17, 2001, 2001
SUBJECT: City Council Meeting—August 23, 2001
ITEM: 14.17.5. Consider a resolution authorizing the Mayor to execute an
Architect's Contract for the Municipal Office Complex-Parking
Garage with Austin Architecture Plus, Inc.for the design of the
parking garage. The total amount for this contract is $149,300.
Resource: Jim Nuse, Director of Public Works
Larry Madsen, Construction Manager
History: The City Council approved the original contract with Architecture Plus in
Resolution No. R-00-05-25-1105 to include the Campus Master Plan, PARD/
Planning/Courts Building, and Infrastructure Improvements. A surface parking lot
is also included in this original contract and in the event that the surface parking
lot is never bid or built, a credit of$6,180 would be applied against the remaining
fees for the PARD/Planning/Courts Building. The total amount for this contract is
$149,300, and is assigned as follows: Schematic Design $22,020; Design
Documents $36,700; Construction Documents $51,380; Bid Negotiation $7,340;
Construction Administration $29,360; Reimbursable Expense Allowance $2,500.
Staff suggests the release of the schematic design at this time and the other phases
as directed by the City Manager as needed.
Funding:
Cost: $149,300.00
Source of funds: 2000 CO
Outside Resources: Architecture Plus
Impact: The parking garage will be designed to accommodate the future addition of 3
levels for an ultimate facility of 400 cars on all five levels.
Benefit: This project will allow the construction of the parking garage to run concurrent
with the construction of the PARD/Planning/Courts Building so that the parking
facilities can be completed in time for the users of the new building.
Public Comment: N/A
Sponsor: N/A
DATE: August 17, 2001, 2001
EXECUTED
DOCUMENT
FOLLOWS
SUPPLEMENTARY AGREEMENT NO. 2
THE STATE OF TEXAS §
CITY OF ROUND ROCK § KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
This document is entitled Supplementary Agreement No. 2, and it supplements Standard
Form of Agreement Between Owner and Architect with Standard Form of Architect's Services,AIA
Document B141-1997, for the following Project:
Complete professional planning, architectural, design, landscaping and
civil/structural/mechanical/electrical engineering services related to the following:
I. Masterplan City Campus and District;
11. Parks and Recreation/Municipal Courts Building and Site, including
administration of the construction contract; and
III. Infrastructure Improvements,
all as are more specifically identified and described in the accompanying AIA
Document B141-1997.
This Supplementary Agreement No. 2 is made and entered into as of the 0q3 day of
, 2001, and is by and between the same parties, those being the CITY OF
ROUNIO ROCK, a home-rule municipal corporation of Williamson County, Texas (hereinafter
referred to as "City" and/or"Owner") and ARCHITECTURE+PLUS,with offices located at 1907
North Lamar, Suite 260, Austin, Travis County, Texas, 78705 (hereinafter referred to as
"Architect").
WITNESSETH :
WHEREAS, City intends to construct the parking garage described on the attached Exhibit
"A" (hereinafter called the "Parking Garage Project") at a total budgeted construction cost not to
exceed One Million Seven Hundred Fifty Thousand and No/100 Dollars ($1,750,000.00) for the
completion of the Parking Garage Project. Architect's services are desired for purposes including
but not limited to planning, designing, and engineering of the Parking Garage Project. Total
compensation for Architect's services under this Supplementary Agreement No. 2 shall not exceed
the following:
C:\TEXT\SUPPM0C2.WPD/jkq
IV. Parking Garage Project-total architect's services not to exceed $149,300.00, which
includes an allowance for Reimbursable Expenses not to exceed$2,500.00 as further
described hereinbelow.
WHEREAS, City desires to contract with Architect for complete architectural and
engineering services in connection with design and construction of the Parking Garage Project, and
for the administration of the Construction Contract during construction of the Parking Garage
Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or
will budget therefor; and
WHEREAS,Architect has agreed to provide such professional services for the compensation
delineated herein;
NOW, THEREFORE, City and Architect, in consideration of the terms covenants and
conditions contained in the Agreement this document supplements and herein, do hereby contract
as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope.Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Parking Garage Project as set forth in
this Contract.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions
of this Contract as follows:
(1) IV. PARKING GARAGE PROJECT
(a) Base Bid Parking Garage $105,000
(b) Alternate 3rd Level Parking $ 21,000
(c) Shell Space S 20,300
TOTAL A/E SERVICES FOR IV. ABOVE $146,800
Reimbursable Expenses $ 2,500
(2) For Architect's Basic Services, including a separate water pollution abatement plan
and the services of the professional consultants engaged for complete architectural,
civil,landscape, and mechanical/electrical/plumbing services,a maximum Basic Fee
not to exceed $146,800.00 as set forth below:
2
(a) Schematic Design Phase (15%) $ 22,020
(b) Design Development Phase (25%) $ 36,700
(c) Construction Documents Phase (35%) $ 51,380
(d) Bidding Phase (05%) $ 7,340
(e) Construction/Administration Phase (20%) $ 29,360
TOTAL $146,800
(3) For approved Reimbursable Expenses, as defined in Article V hereof, an allowance
not to exceed $2,500.00. Eligible Reimbursable Expenses, other than Special
Consultants, shall be billed to City at 1.05 times the amount billed Architect for
same. Eligible Reimbursable Expenses for the use of Special Consultants shall be
billed to City at 1.10 times the amount billed Architect for same.
(4) For Architect's Additional Services, if any be authorized in advance by City as
hereinafter provided, a supplemental fee to be computed as follows:
(a) Principal's time at a fixed rate of $90.00 per hour. For purposes of this
Contract, the Principals are: Mac Ragsdale, AIA, and Betty Trent, AIA
(b) Employees' time shall be paid at the following agreed hourly rates:
Project Architect $ 80.00
CADD/Technical Support I $ 55.00
CADD/Technical Support II $ 45.00
CADD/Technical Support III $ 35.00
(c) Additional Services of Basic Consultants (including structural, mechanical,
electrical engineering) shall be computed at 1.10 times the amounts billed to
Architect. Additional Services of Special Consultants shall be computed at
1.10 times the amount billed Architect for such services.
(5) Unless subsequently changed by additional Supplemental Agreement to this
Contract,duly authorized by City Council Resolution,Architect's total compensation
under this Contract for Basic Services shall not exceed $146,800.00; plus a not-to-
exceed amount of$2,500.00 for approved Reimbursable Expenses. These amounts,
totaling$149,300.00,represent the absolute limit of City's liability to Architect under
this Contract, unless same shall be changed by additional Supplemental Agreement
hereto.
(6) The times and further conditions of payment shall be as described in Article VI
hereof.
3
(7) In the event that the surface parking lot is never bid or built, a credit of$6,180.00
shall be applied against the remaining fees for the PARD/Courts Building.
ARTICLE II
ARCHITECT'S SERVICES
2.01 Basic Services. The Architect's Basic Services consist generally of the phases described
below, and include complete architectural services and complete structural, mechanical, and
electrical services, and such other services as may be necessary to assist the City in the design and
construction of the Parking Garage 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
Contract for all purposes. Architect agrees that upon execution of this Contract,it will submit to City
within ten(10) days a list of all additional consultants it intends to utilize, not previously identified
in Architect's Proposal Letter, delineating their respective tasks. All of Architect's consultants shall
be subject to the approval of the City through its Director of Public Works, and City reserves the
right to reject any consultant. Architect shall perform all work hereunder in a manner satisfactory
and acceptable to the City, represented by its Director of Public Works or his designee, hereinafter
referred to as "Director." Architect's Final Plans and Specifications shall include plans and profiles
necessary to tie all Parking Garage Project water, sewer and storm drainage lines into adjacent
existing lines and facilities, as authorized and approved by Director. A Performance Schedule shall
be agreed to by Architect and Director, and Architect agrees to use its best efforts to complete all
services hereunder in accordance with such Performance Schedule. All services shall be performed
to the highest professional standard.
2.02 Schematic Design and Design Development Phases. Architect shall provide the following
design development phase services:
(1) Architect shall prepare Design Development Documents based upon the approved
Schematic Design Documents to include adequate Specifications for elements of the
Parking Garage Project for consideration and approval by the Director. Five (5)
copies each of said documents will be submitted for distribution, each consisting of
drawings and other documents to fix and describe the size, cross sections and
character of the Parking Garage Project as to architectural, structural,mechanical and
electrical systems, materials, and such other essentials as may be necessary and
appropriate. The Design Development Phase shall be completed within the agreed
Performance Schedule.
(2) Architect shall submit to City a Revised Statement of Probable Construction Cost in
a form acceptable to the Director. Any variance in the estimated construction costs
that will adversely affect the established Project Budget will be submitted to the
Director with appropriate comments and recommendations prior to beginning the
Construction Documents Phase.
4
(3) After approval of the Design Development Documents by the Director,Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
fifteen percent (15%) of the Basic Fee authorized herein under Section 6.01.
(4) After approval of the Design Development Documents by the Director,Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
twenty-five percent (25%) of the Basic Fee authorized herein under Section 6.01.
2.03 Construction Documents Phase. Architect shall provide the following construction
documents phase services:
(1) Architect shall prepare from the approved Design Development Documents, for
consideration of and approval by the Director, Construction Documents, which
documents shall set forth in detail the requirements of the Parking Garage Project,
including the necessary bidding information. 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 without modification, along with City's form of Bid
Bond, Performance Bond and Payment Bond.
(2) Architect shall furnish City in writing a revised Statement of Probable Construction
Cost, indicating cost changes resulting from changes in Parking Garage Project
requirements or general market conditions, in a form acceptable to the Director.
(3) Architect shall file five(5)complete sets of proposed Construction Documents with
the Director for review and official approval prior to the advertisement of bids for the
construction of the Parking Garage Project, and within the agreed Performance
Schedule following approval of the Design Development Documents. Following
approval, Architect shall prepare and have on hand additional sets as needed for
bidding purposes. Architect shall also file with the Director at said time, the
following items:
(a) Tracing of the Project Title Sheet, signed by Architect, with seal affixed.
(This tracing shall be returned to Architect to print contract documents when
the signatures of City officials have been properly affixed).
(b) Two (2) copies of Statement of Probable Construction Cost in a form
acceptable to City.
(c) Four (4) unbound copies of the approved Project Construction Manual for
subsequent binding with signed construction contracts. The Project
Construction Manual shall include General and Supplementary General
5
Conditions; Specifications and Special Provisions; Advertisement,
Instructions to Bidders and Bid Proposal Form; City's Bid Bond, Contract,
Performance and Payment Bond Forms; approved Wage Rates; Federal
regulations if applicable to the Project; and other required documents for
construction of the Project.
(4) After approval of the Construction Documents by the Director, Architect will submit
a Statement, in triplicate, for services rendered for the unpaid balance of the seventy-
five percent (75%) of the Basic Fee authorized herein under Section 6.01.
2.04 Bidding Phase. Architect shall provide the following bidding phase services:
(1) 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. During the bid process, Architect
shall assist City as follows:
(a) Issue and control of documents for bidding.
(b) 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.
(c) Preparation of required addenda to Contract Documents.
(d) Tabulation and evaluation of bids received.
(e) Jointly conducting pre-award conferences where necessary.
(2) 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.
(3) Upon award of the Construction Contract, Architect will submit a Statement, in
triplicate, for services rendered for the unpaid balance of the eighty percent (80%)
of the Basic Fee authorized herein under Section 6.01.
2.05 Construction Phase - Administration of the Construction Contract(s). Architect shall
provide the following construction phase - administration of the construction contract(s) services:
6
(1) The Construction Phase will commence with the award of the Construction Contract
and will terminate following the final one-year warranty inspection of the completed
Parking Garage Project, correction of all defects in Parking Garage Project materials
and workmanship, and resolution of all Parking Garage Project-related claims and
disputes. During the Construction Phase, Architect shall provide the following
services:
(2) 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.
(3) Architect, as a representative of City, shall advise and consult with the 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.
(4) Architect shall provide, during construction, adequate and competent on-site
construction observation, periodically visiting the site to the extent necessary to
personally familiarize himself with the progress and quality of the work, and to
determine if the work is proceeding in accordance with the Contract Documents.
Architect's site observations may be conducted with Owner's designated
representative to check conformance of the work with the requirements of the
Contract Documents and to verify the accuracy and completeness of the list
submitted by the Contractor of work to be completed or corrected. Field Reports of
each visit shall be prepared by Architect and submitted to City. Architect shall
employ all reasonable measures to safeguard City against defects and deficiencies in
the work of the Contractor. Architect shall not be responsible for the construction
means,methods, techniques, sequences of procedures, nor for the safety precautions
and programs employed in connection with the work. However, Architect will
immediately inform the Director whenever defects and deficiencies in the work are
observed, or when any observed actions or omissions are undertaken by the
Contractor which are not in the best interests of City and the Project.
(5) 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 the Director for approval and payment. These certifications shall
constitute a representation by Architect to City,based on observations at the site and
other data comprising the application for payment, that the work has progressed to
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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.
(6) Architect shall recommend to City rejection of work which does not conform to the
Contract Documents. Architect shall make recommendations on all claims and
disputes of City or the Contractor relating to execution and progress of the work or
interpretation of the Contract Documents, based upon such review and analysis by
Architect as is reasonably required. In the event of litigation, where Architect is
named as an additional party with City, such assistance will include the availability
of knowledgeable witnesses in the employ of Architect for expert testimony.
(7) Architect shall use his 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.
(8) Architect shall prepare Change Orders 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 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 2.07(1) below.
(9) Architect shall conduct a professional observation to determine the dates of
substantial completion and final completion, shall receive written guarantees and
related documents assembled by the Contractor for submittal with the final
Certificate of Payment, and shall prepare and present a final Certificate for Payment
to Director for City's approval and payment. In addition, Architect shall make a
professional observation of the Project at least thirty(30) days before the expiration
of the one (1) year warranty contained in the Contractor's Performance Bond.
(10) 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.
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(11) 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.
(12) Architect shall assemble 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.
(13) Upon satisfactory completion of Record Construction Documents, Architect will
submit a Statement, in triplicate, for services rendered for the unpaid balance of the
one hundred percent (100%) of the Basic Fee authorized herein in Section 6.01.
2.06 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.
2.07 Additional Services.Architect shall perform Additional Services,as requested by City,after
a not-to-exceed amount has been mutually agreed upon in writing by the Director and Architect.
Where City Council authorization is required, Architect shall not proceed until the appropriate
Resolution for such Additional Services has been adopted. The following services are not covered
under Article I1, which defines and outlines Architect's Basic Services. If any of these Additional
Services are authorized in writing by the Director in advance of their performance,they shall be paid
for in the manner agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved
plans when the changes in approved Plans and Specifications are required by the
City, unforeseen circumstances due to hidden or unknown conditions, or
codes/ordinances or other legal requirements which may come into effect during the
course of the Project. If changes are required to be made because of error, oversight,
clarification, discrepancy, or budget overruns in the work of Architect, City shall not
be liable to compensate Architect for Additional Services or expenses in such
connection.
(2) Providing consultation concerning replacement of any Project work damaged by fire
or other cause during construction, and furnishing professional services as may be
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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
Proj ect.
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information. City shall provide full information regarding requirements for the Project.
3.02 Designate representatives. City shall designate,when necessary,representatives authorized
to act in its behalf. City shall examine documents submitted by Architect and render decisions
pertaining thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Survey. City shall furnish, or direct Architect to obtain at City's expense, a certified survey
of the site, giving, as required, grades and lines of streets, alleys,pavements and adjoining property;
rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries,
contours and other data pertaining to existing buildings or adjacent to the site, other improvements
and trees; and full information as to available service and utility lines, both public and private, and
test borings, pits, reports and soil bearing values and other necessary operations for determining
subsoil conditions.
3.04 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.05 Permits.City will furnish the building permit 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 City and are not to be included by Architect in the Specifications
for the Project.
3.06 Miscellaneous items. City will also provide Architect with such items as the Project Facility
Program; two (2)copies of the 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.
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ARTICLE IV
FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST
4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this
Parking Garage Project is $1,750,000.00. This amount is established as a condition of this Contract,
and shall provide the basis for Architect's design decisions. 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 fixed limits. 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, or
Architect's latest detailed estimate of Probable Construction Cost is still less than the fixed limit of
total Budgeted Construction Cost for the Project, established as a condition of this Contract, City
shall pay Architect fees for Basic Services in accordance with this Contract.
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, and as a
result thereof, or otherwise, the latest estimate of Probable Construction Cost exceeds such fixed
limit of total Budgeted Construction Cost for the Project, established as a condition of this Contract,
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), Architect, without additional charge, shall immediately upon notice to
proceed from the:Director,with completion within a reasonable period of time,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 Contract.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses. Reimbursable Expenses are in addition to the fees for Basic and
Additional Services and include actual expenditures made by Architects, their employees, or their
consultants in the interest of the Project for the incidental expenses set forth below. Such expenses
must be authorized by the Director in advance. An allowance for Reimbursable Expenses not to
exceed $2,500.00 is established as a condition of this Contract.
5.02 Travel, telephone, postage, reproduction, etc. When authorized in advance by City, the
following shall be reimbursable: reasonable transportation and living expenses of principals and
employees when traveling in connection with the Project outside of Williamson County, Texas,
essential long distance calls and telegrams, fees paid for the securing of approval of authorities
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having jurisdiction over the Project, postage, and reproduction of Drawings and Specifications,
excluding copies for Architect's office use and the required number of sets at each phase of the work
for City's review.
5.03 Overtime.If authorized in advance by City,the expense of extraordinary overtime work,not
due to Architect delays, requiring higher than regular rates, and renderings, slides, photographs or
models for the City's use shall be reimbursable.
5.04 Texas Department of Licensing and Regulation fees.Any fees charged to Architect by the
Texas Department of Licensing and Regulation for review and approval of design or development
documents shall be reimbursable.
5.05 Texas Natural Resource Conservation Commission fees. Any fees charged to Architect
by the Texas Natural Resource Conservation Commission for the Water Pollution Abatement Plan
and for the Sewage Collection Fee shall be reimbursable.
5.06 Special Consultants. If the employment of special consultants for specialized design
services is authorized by City, (for example, special lighting and landscape consultants, special soil
mechanics engineers, communications consultants, etc.), fees for other than normally required
architectural, structural, mechanical, electrical and civil engineering services and the Basic Services
hereinbefore defined, shall be reimbursable.
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,but not to exceed the following percentages
of the respective fees at the completion and approval of each phase of the work:
Basic Services
Schematic Design Phase 15%Basic Fee
Design Development Phase 40% Basic Fee
Construction Documents Phase 75% Basic Fee
Bidding Phase 80%Basic Fee
Construction/Administration Phase 100% Basic Fee
(periodic payments based on percentage
of construction completed)
6.02 Reimbursable Expenses and Additional Services. Payments for authorized Reimbursable
Expenses and Additional Services for Architect, as hereinbefore referred to, shall be made following
presentation, review and approval of Architect's detailed invoice in triplicate.
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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 from 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 the
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 the Director, Architect shall comply promptly with such request. In this
regard, should the Director determine it necessary, Architect shall make all records and books
relating to this Contract available to City for inspection and auditing purposes.
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 Contract. Following approval of invoices, City will endeavor to pay Architect promptly, but
not later than the time period required under the Texas Prompt Payment Act; however, under no
circumstances shall Architect be entitled to receive interest on payments which are late because of
a good faith dispute between Architect and City or because of amounts which City has a right to
withhold under this Contract or state law.
6.08 Offsets. City may, at its option, offset any amounts due and payable under this Contract
against any debt (including taxes) lawfully due to City from Architect, regardless of whether the
amount due arises pursuant to the terms of this Contract or otherwise and regardless of whether or
not the debt due to City has been reduced to judgment by a court.
ARTICLE 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.
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ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Contract, it is agreed and fully
understood by Architect that the Director may cancel or indefinitely suspend further work hereunder
or terminate this Contract either for cause or for the convenience of City, upon fifteen (15) days
written notice to Architect, with the understanding that immediately upon receipt of said notice all
work and labor being performed under this Contract shall cease. Architect shall invoice City for all
work satisfactorily completed and shall be compensated in accordance with the terms of this
Contract for all work accomplished prior to the receipt of said notice. No amount shall be due for
lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and
work related to the Project shall become the property of City upon termination of this Contract, and
shall be promptly delivered to City in a reasonably organized form without restriction on future use.
Should City subsequently contract with a new architect for continuation of services on the Project,
Architect shall cooperate in providing information.
8.02 Default. Nothing contained in Section 8.01 above shall require City to pay for any work
which is unsatisfactory as determined by the Director or which is not submitted in compliance with
the terms of this Contract. City shall not be required to make any payments to Architect when
Architect is in default under this Contract, nor shall this Article constitute a waiver of any right, at
law and at equity, which City may have if Architect is in default, including the right to bring legal
action for damages or to force specific performance of this Contract.
ARTICLE 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.
9.02 Contract Administration. This Contract shall be administered on behalf of City by its
Director of Public Works, and Architect shall fully comply with any and all instructions from the
Director. Any dispute arising hereunder shall be submitted to the Director, whose decision in the
matter shall be final and binding.
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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 defend, indemnify and hold City,
its officers, agents and employees, harmless against any and all claims, lawsuits,judgments, costs
and expenses for personal injury (including death), property damage or other harm for which
recovery of damages is sought, suffered by any person or persons, that may arise out of or be
occasioned by Architect's breach of any of the terms or provisions of this Contract, or by any
negligent act or omission of Architect, his officers, agents, associates, employees or subconsultants,
in the performance of this Contract; except that the indemnity provided for in this paragraph shall
not apply to any liability resulting from the sole negligence of City, its officers, agents, employees
or separate contractors, and in the event of joint and concurrent negligence of both Architect and
City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with
the 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 defend
and indemnify City,its officers,agents and employees, against a claim that any of the Designs,Plans
or Specifications prepared by Architect, its employees, associates or subconsultants,pursuant to this
Contract infringe a U.S. patent or copyright directly, indirectly or contributorily. Architect will pay
any and all resulting costs, damages and attorney's fees finally awarded, provided that:
(1) City promptly notifies Architect in writing of the claim; and
(2) Architect has sole control of the defense and all related settlement negotiations.
(a) If Architect defends City against such claims,the City Attorney of City shall
be kept informed of settlement negotiations, and shall execute any settlement
agreement reached by Architect on City's behalf.
(b) Architect's defense and indemnification under this section is conditioned on
City's agreement that if any of the designs, plans or specifications,become,
15
or in Architect's opinion are likely to become, the subject of such a claim,
City will permit Architect,at Architect's option and expense,either to procure
the right for City to continue using the designs, plans or specifications or to
replace or modify the same so that they become non-infringing; and if neither
of the foregoing alternatives is available on terms which are reasonable in
Architect's judgment, City, to the extent City is legally able to do so, will
cease using the designs, plans or specifications on written request of
Architect, in which instance City has the sole option to either require
Architect to perform new design work at Architect's sole expense, or to
terminate this Contract.
(c) Architect has no liability under this section for any claim of infringement
based upon the modification or alteration of the designs, plans or
specifications prepared under this Contract subsequent to the Project by City,
or by any engineering consultant subsequently employed by City.
(d) The foregoing states the entire obligation of Architect with respect to
infringement of patents and copyrights.
(3) The indemnification and defense provisions as set forth in this Section 10.03 shall
not apply to products or materials which City has required that Architect include in
any of the Designs,Plans and Specifications, or which are substituted by Contractor
or any of his subcontractors during the Construction Phase of the Contract.
10.04 Insurance. Architect, at Architect's sole cost, shall purchase and maintain during the term
of this Contract the minimum insurance coverage in the amount of One Million Dollars from a
company authorized to do insurance business in Texas and otherwise acceptable to City.
10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Architect, Architect shall require each subconsultant performing work under this Contract to
maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated
minimum insurance required in Section 10.04 above, including the required provisions and
additional policy conditions as shown below in Section 10.06. As an alternative, Architect may
include its subconsultants as additional insureds on its own coverages as prescribed under these
requirements. Architect's certificate of insurance shall note in such event that the subconsultants are
included as additional insureds and that the Architect agrees to provide Workers' Compensation
coverage for the subconsultants and their employees.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order to
assure compliance with the insurance requirements. Architect must retain the certificates of
insurance for the duration of this Contract, and shall have the responsibility of enforcing these
insurance requirements among its subconsultants. City shall be entitled, upon request and without
expense, to receive copies of these certificates of insurance.
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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,
non-renewal or any material change in coverage, a notice thereof shall be given to
City by certified mail to:
Robert L. Bennett, Jr., AICP
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
Architect shall also notify City, within 24 hours of receipt, of any notices of
expiration,cancellation,non-renewal,or material change in coverage it receives from
its insurer.
(2) Companies issuing the insurance policies shall have no recourse against City for
payment of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Architect.
(3) 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.
(5) Architect and City mutually waive subrogation rights each may have against the
other for loss or damage, to the extent same is covered by the proceeds of insurance.
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
17
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 Contract shall be from
the date hereof until final completion of the Project and all architectural/engineering and construction
administration services in connection therewith,including the final one(1)year warranty inspection,
and resolution of any outstanding Project-related claims or disputes.
12.02 Project Performance Schedule.
(1) Time of completion of the services referenced herein shall be ninety (90) calendar
days following notice to proceed for final documents. Construction shall be
completed within 150 days, and may run concurrently with the PARD/Courts
Building. Parking facilities shall be completed and ready for use at the time the
PARD/Courts Building is ready for occupancy and use.
(2) Architect understands that the Project Performance Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance
of services required herein, so that construction of the Project will be commenced as
scheduled. In this regard, Architect shall proceed with sufficient qualified personnel
and consultants necessary to fully and timely accomplish all services required under
this Contract 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.
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.
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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 Contract within the agreed
Project Performance Schedule will constitute a material breach of this Contract. Architect shall be
fully responsible for its delays or for failures to use his best efforts in accordance with the terms of
this Contract. Where damage is caused to City due to Architect's failure to perform in these
circumstances, City may withhold, to the extent of such damage, Architect's payments hereunder
without waiver of any of City's additional legal rights or remedies.
14.02 Force Majeure.Neither City nor Architect shall be deemed in violation of this Contract if
it is prevented from performing any of its obligations hereunder by reasons for which it is not
responsible or circumstances beyond its control. However, notice of such impediment or delay in
performance must be timely given, and all reasonable efforts undertaken to mitigate its effects.
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 Contract. Architect shall not assign,
sublet or transfer any interest in this Contract without prior written authorization of City's Director.
14.04 Amendments. This Contract, representing the entire agreement between the parties, may
only be amended or supplemented by mutual agreement of the parties hereto in writing.
14.05 Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson
County,Texas, and if legal action is necessary by either party with respect to the enforcement of any
or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County,
Texas. This Contract shall be governed by and construed in accordance with the laws and court
decisions of the State of Texas.
14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
Robert L. Bennett, Jr., AICP
City Manager, City of Round Rock
221 East Main Street
Round Rock, Texas 78664
All notices and correspondence from City to Architect shall be mailed or delivered to the Architect
as follows:
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Mac Ragsdale, AIA
Project Principal
Architecture+Plus
1907 North Lamar, Suite 260
Austin, Texas 78705
IN WITNESS WHEREOF,the City of Round Rock has caused this Contract to be signed
in its corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution
No. lC-O1-09 Q3 -I qF5 approved by the City Council on 1JU& 6-j ,23:o2001
and Architecture + Plus, signing by and through its duly authorized representative(s), thereby
binding the parties hereto, their successors, assigns and representatives for the faithful and full
performance of the terms and provisions of this Contract.
ATTEST: CITY OF ROUND ROCK, TEXAS
B4RA.
4�6A,Jel L
6Fne Land, City Secretary Stluka, Jr., Mayo
AUSTIN ARCHITECTURE PLUS,INC.
Mac Ragsdale, AIA, Principal
THE TEXAS BOARD OF ARCHITECTURAL EXAMINERS, P.O. BOX 12337, AUSTIN,
TEXAS 78711-2337 OR 333 GUADALUPE, SUITE 2-350, AUSTIN, TEXAS 78701-3942,
TELEPHONE(512)305-9000,HAS JURISDICTION OVER INDIVIDUALS LICENSED UNDER
THE ARCHITECTS' REGISTRATION LAW, TEXAS CIVIL STATUTES, ARTICLE 249a.
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PARKING GARAGE DESCRIPTION
Project includes a base bid 2-level parking garage of approximately 52,000 sf for +/- 160 cars
(26,000 sf with 80 cars/level). Parking garage will be designed to accommodate the future addition
of 3 levels for an ultimate facility of 400 cars on 5 levels. It is assumed that at least one level will
be wholly or partially below grade. Design will be in accordance with the Campus Master Plan and
assumes some decorative treatment to blend the facility with the adjacent PARD/Courts Building
and future campus. Building is anticipated to be precast concrete, and includes elevator and fire
protection system. Bid Documents will also be provided for an additional 3rd level to be added to
the base bid as an alternate.
Project also includes approximately 5,000 sf of shell(unfinished) space for private retail tenant or
other use as theCity may deem appropriate. This space would border Bagdad Street as shown on the
Master Plan, and be integral with the Parking Garage structure.
It is understood that the above will be bid as a separate stand alone project, and might not be under
the same general construction contract as the PARD/Courts Building. It is also understood that the
surface parking as currently designed will be reevaluated prior to issuing for bids, and may be bid
as an alternate or in lieu of the Parking Garage should i.e. funds be insufficient.
EXHIBIT
C.\TEXT\HUTT057.WPDJkg ~ pl