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Contract - PGAL, Inc. - 1/25/2018 City of Round Rock Agreement for Architectural Services for City of Round Rock Public Library Project With PGAL, Inc. AGREEMENT made as of th 'r C! d-ay of the month of January in the year Two Thousand Eighteen(2018). BETWEEN the Architect's client identified as the City or the Owner: City of Round Rock 221 East Main Street Round Rock,Williamson and Travis Counties,Texas 78664 and the Architect: PGAL,Inc. 3030 LBJ Freeway, Suite 1220 Dallas,Texas 75234 For the following Project: Professional architectural services and design services related to the construction of a new City of Round Rock Public Library. Professional services for this Project shall include but not be limited to, Schematic Design, Design Development, Construction Documents,Bidding Phase and Construction Observation. The Owner and the Architect agree as follows: ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. The Architect shall furnish the delineated services, including but not limited to meeting with the Owner's representatives and others designated by the Owner to determine needs and requirements; rendering professional consultation and advice; furnishing all necessary design and contract administration services for the referenced Project;and providing other specialized services. Architectural services shall include the submittal of plans for Texas Accessibility Standards(TAS)review, which is a requirement of federal law to comply with the ADA if the construction budget exceeds$50,000. Owner shall pay the fees related to the submittal of plans for TAS review. 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: The referenced Project consists of professional planning,design,and construction services related to the following: 00393196/ss2 Construction of a new City of Round Rock Public Library consisting of an approximately sixty thousand (60,000) square foot facility and a parking garage to accommodate approximately three hundred(300)vehicles. 1.1.2.2 The physical parameters are: The Project is to be located on City-owned property at North Mays Street adjacent to the south bank of Brushy Creek in Round Rock,Texas. 1.1.2.3 The Owner's Program is: The program of development shall include but not be limited to the following elements: Confirm Project Program and Space Requirements, Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bidding Phase and Construction Administration Phase. The tasks performed as a part of each element shall be as stated in Exhibit "A" attached hereto and incorporated herein for all purposes. The parties agree that elements or portions thereof, may be omitted by the Owner for reasons including meeting the Project budget and Project requirements. Schedule Initial proposed schedule for the Project is incorporated in the Scope of Services attached as Exhibit "A." The Architect will maintain a detailed project schedule in Microsoft Project or in an alternative format approved by the Owner throughout the duration of the Project which will be attached as Exhibit "A" and incorporated herein for all purposes. 1.1.2.4 The financial parameters are as follows: 1. The Fee Schedule relative to this Agreement is set forth in Exhibit "A," incorporated herein for all purposes,and is as follows: A. Professional Services In consideration for the professional services to be performed by the Architect, the Owner agrees to pay the Architect a total sum not to exceed Two Million Five Hundred Fifty-Three Thousand and no/100 Dollars ($2,553,000.00). Said sum is a fixed not-to-exceed amount,and shall be paid as delineated in the attached Exhibit "A" which is incorporated herein by reference for all purposes. Such not-to-exceed sum includes amounts paid for Architect's services; for consultant fees for MEP engineers,structural engineers,civil engineers,and ADA consultants as needed. B. Reimbursable Expenses Allowance Payment for reimbursable expenses, including administrative charges and out-of pocket expenses, shall not exceed the maximum sum of Eighty-Five Thousand and no/100 Dollars ($85,000.00), and such amount is not included in the not-to-exceed total fee for Professional Services of $2,553,000.00. Reimbursable expenses shall be paid as set forth herein and as in Exhibit"B." Travel reimbursements may be made for meals,travel,lodging as follows: (1) all travel shall be in coach and not in business class; (2) toll road charges if provided with documentation of the date and time the toll charges were incurred; (3) lodging shall be in a standard room in a hotel located within Round Rock's City limits;and (4) meals shall be reimbursed at an amount not-to-exceed $50.00 per day. This amount includes tips. 2 Travel reimbursements shall only apply to travel in excess of forty (40) miles. Architect is responsible for providing all receipts to Owner for the reimbursement of items set forth above. Receipts shall be provided to the Owner within sixty (60) days of the expenditure to qualify for reimbursement and shall provide enough detail for the Owner to determine the requested reimbursements meet the criteria set forth herein. It shall be in the sole discretion of the Owner to determine if expenses submitted by Architect are reasonable and qualify for reimbursement pursuant to the terms of the Agreement. Cost of personal entertainment, amusements, alcoholic beverages, traffic citations, personal items or illegal activities will not be reimbursed. Expenses due to vacations or personal trips in conjunction with travel are not reimbursable. Adequate travel time is allowed,but travel expenses are not paid for absences not required by Owner business. C. Additional Services Additional services are defined as any services not included as part of the scope of work of the project including revisions to previously-approved plans that necessitate additional work for the Architect, substantive changes in Project scope, or additional work necessitated by unknown or reasonably unforeseen circumstances. The parties expressly agree that "Additional Services" as described in Exhibit"A"may be performed at the sole request of the Owner in an amount not-to- exceed One Hundred Thousand and No/100 Dollars ($100,000.00). The Additional Services amount is not included in the not-to-exceed total fee for Professional Services of$2,553,000.00. Any additional services not included in the $100,000.00 contingency shall be performed under a supplemental agreement negotiated at a time subsequent to this Agreement. 1.1.2.5 The time parameters are: Services hereunder shall commence within ten(10) days upon receipt by the Architect of a Notice to Proceed from the Owner. Completion date shall be agreed upon by Owner and Architect and shall be incorporated in Exhibit"A." Other time parameters or adjustments to time parameters may be determined at a later date by mutual agreement of the parties. 1.1.2.6 The proposed procurement or delivery method for the Project is:Competitive Sealed Proposal. Professional services such as architectural/engineering will be engaged by negotiated contract. 1.1.3 PROJECT TEAM 1.1.3.1 The Owner's Designated Representatives are: Laurie Hadley,City Manager City of Round Rock 221 East Main Street Round Rock,Texas 78664 Richard Will,Project Manager General Services Department City of Round Rock 212 Commerce Boulevard Round Rock,Texas 78664 3 1.1.3.2 The Owner's consultants and contractors are: Architect of Record/Prime Firm: PGAL, Inc. Consultants: To be submitted to Owner and approved by Owner. 1.1.3.3 The Architect's Designated Representative is: PGAL,Inc Jeff D. Bulla,AIA,LEED AP 3030 LBJ Freeway, Suite 1220 Dallas,Texas 75234 1.1.3.4 The consultants retained at the Architect's expense shall be submitted to and approved by Owner. 1.1.4 Duties, responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without written agreement of the Owner and the Architect. 1.1.5 It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this Agreement must be duly authorized by appropriate City Council or City Manager action. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES 1.2.1 The Owner and the Architect shall fully cooperate with one another to fulfill all of their respective obligations required under this Agreement. Both parties shall endeavor during the full term hereof to maintain good working relationships among all members of the Project team. 1.2.2 OWNER 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. 1.2.2.2 The Owner shall establish and periodically update the budget for the Project, including that portion allocated for the Cost of the Work,the Owner's other costs,and reasonable contingencies related to all costs. 1.2.2.3 The Owner's Designated Representatives identified in Paragraph 1.1.3.1 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or Owner's Designated Representatives shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 1.2.2.4 The Owner may furnish the services of consultants other than those designated in Paragraph 1.1.3.2 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project or a change in the scope of the Project. Any service furnished by the Architect at the Owner's request must be approved by the Owner. 1.2.2.5 Unless otherwise provided in this Agreement, and if requested in writing, the Owner shall furnish or pay for tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests,tests for air and water pollution,and tests for hazardous materials. 4 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, which may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 1.2.2.7 Each party shall provide prompt written notice to the other if either becomes aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in the Architect's Instruments of Service. 1.2.2.8 The Owner will furnish building permits without charge. Electrical,plumbing and other trade permits will be the responsibility of the construction contractor. Any charges which may be assessed for tap fees will be paid by the Owner and are not to be included by the Architect in the specifications for the Project. 1.2.2.9 Owner agrees to pay the actual costs of review fees associated with Texas Building Accessibility reviews, reviews by other authorities having jurisdiction,and any other required filing fees. 1.2.2.10 The Owner will provide the Architect with miscellaneous items such as the Project Facility Program, one digital copy of the City of Round Rock General and Supplementary Conditions for Building Construction, Wage Rates, Contract and Bond Forms,and such other infonnation and materials as may be necessary and practicable for the orderly and expeditious progress of the work and the awarding of the construction contract. To the extent practicable,these documents shall be utilized in the preparation of the construction documents. 1.2.2.11 The Owner will provide timely review and response to inquiries in order to maintain an orderly progression. 1.2.2.12 Any information related to design standards and Owner-furnished equipment specifications not provided pursuant to Section 1.2.2.10 above and desired by the Architect from the Owner must be requested by the Architect in writing during the initial Phase of the Project. 1.2.3 ARCHITECT 1.2.3.1 The services performed by the Architect,the Architect's employees and the Architect's consultants shall be as enumerated in Article 1.4 and as enumerated elsewhere herein, in attached and accompanying documents, in supplemental documents,and in related documents. 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a detailed schedule in Microsoft Project or an approved alternative format for the performance of the Architect's services which initially shall be consistent with the time periods established in Exhibit "A" and which may be adjusted, if necessary and approved by the Owner,as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not,except for reasonable cause,be exceeded by the Architect or the Owner. 1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3.3 shall be authorized to act on the Architect's behalf with respect to the Project. 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants, similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. 1.2.3.5 Except with the Owner's knowledge and written consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project or compromise the performance of the approved schedule for this Project. 5 1.2.3.6 The Architect shall review laws,codes,and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. 1.2.3.7 The Architect shall be entitled to reasonably rely on the accuracy and completeness of services and information furnished by the Owner. Each party shall provide prompt written notice to the other if either becomes aware of any errors,omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS 1.3.1 COST OF THE WORK 1.3.1.1 The Cost of the Work shall be the total cost or,to the extent the Project is not completed,the estimated cost to the Owner of all elements of the Project designed by the Architect. 1.3.1.2 The Cost of the Work shall include the cost at reasonable current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, for the Contractor's overhead and profit. 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner. 1.3.2 INSTRUMENTS OF SERVICE 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely by the Owner. All of the Architect's designs and work product under this Agreement, including but not limited to Tracings, Drawings, Estimates, Specifications, Investigations, Studies and other documents, shall be the property of the Owner, to be used as the Owner desires; by execution of this Agreement and in confirmation of the fee for services to be paid under this Agreement, the Architect hereby conveys,transfers and assigns to the Owner all rights under the Federal Copyright Act of 1976 (or any successor copyright statute), as amended, all common law copyrights and all other intellectual property rights acknowledged by law in the Project designs and work product developed under this Agreement. Copies may be retained by the Architect. The Architect shall be liable to the Owner for any loss or damage to any such documents while they are in the possession of or while being worked upon by the Architect or anyone connected with the Architect,including agents,employees, consultants or subcontractors. All documents so lost or damaged shall be replaced or restored by the Architect without cost to the Owner. 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner permission to reproduce the Architect's Instruments of Service for purposes of constructing, using and maintaining the Project,provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar pennission from the Architect's consultants consistent with this Agreement. Upon termination of the Agreement, the Owner is permitted to authorize other similarly credentialed design professionals to reproduce and,where permitted by law,to make changes,corrections or additions to the Instruments of Service for the purposes of completing,using and maintaining the Project or additional projects. 1.3.2.3 The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any permission granted herein to another party without the prior written agreement of the Architect. However,the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations not otherwise provided in this Agreement. 1.3.2.5 All plans and drawings will be prepared and submitted digitally by the Architect to the Owner for approval on a minimum 24-inch by 36-inch format, with all lettering processed in ink or pencil and clearly legible when the sheets are reproduced and reduced to half size. 1.3.2.6 Upon completion of the construction of the Project, the Architect shall, within thirty (30) calendar days from receipt of final-as-built mark-ups from the contractor, deliver to the Owner the reproducible Record Drawings and Record Specifications as described supplementally herein. In addition,the Architect shall submit originals of all documents listed under Section 1.3.2.1 modified to actual as-built conditions as provided by the General Contractor. 1.3.2.7 The Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by the architect making that change and shall be appropriately marked to reflect what was changed or modified. To the extent permitted by law, the Owner agrees to indemnify, defend and hold harmless the Architect for any claims, damages, suits and loss of every kind and nature for the unauthorized re-use of the Architect's Instruments of Service. 1.3.3 CHANGE IN SERVICES 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing. It is expressly understood and agreed by and between the parties hereto that any alteration in schedule, compensation and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement to this contract must be duly authorized by appropriate City Council or City Manager action. 1.3.4 MEDIATION 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with lien notice or filing deadlines prior to resolution of the matter by mediation. 1.3.4.2 The Owner and the Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and mediation shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 1.3.5 ARBITRATION 1.3.5.1 The Owner and the Architect hereby expressly agree that no claims or disputes between the Owner and the Architect arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration proceeding, including, without limitation, any proceeding under the Federal Arbitration Act(9 U.S.C. Section 1-14) or any applicable state arbitration statute, except that in the event that the Owner is subject to an arbitration proceeding related to the Project, the Architect consents to be joined in the arbitration proceeding if the Architect's presence is required or requested by the Owner for complete relief to be accorded in the arbitration proceeding. 7 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES 1.3.6.1 The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Section 1.3.8. 1.3.7 MISCELLANEOUS PROVISIONS 1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson County,Texas. 1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. 1.3.7.3 To the extent damages are covered by property insurance during construction,the Owner and the Architect waive all rights against each other. The Owner, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or the Architect. 1.3.7.5 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 1.3.7.6 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information. 1.3.7.7 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least seven (7) days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. 1.3.7.8 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors,assigns and legal representatives of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other. 1.3.7.9 All Exhibits to the Contract are incorporated herein as a part of the Contract. Any inconsistencies or conflicts in Contract and Exhibits shall be resolved by giving preference to pages one (1) through nine (9) of the Contract. 1.3.7.10. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods or services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Architect verifies Architect does not boycott Israel and will not boycott Israel during the term of this Agreement. 8 1.3.8 TERMINATION OR SUSPENSION 1.3.8.1 If the Owner fails to snake payments to the Architect in substantial compliance with this Agreement, such failure may be considered substantial nonperformance and cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give fifteen(15)days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all non-disputed sums due prior to suspension. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by the Architect that the Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause or for the convenience of the Owner, upon fifteen(15)days' written notice to the Architect, with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. The Architect shall invoice the Owner for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of the Owner upon termination of this Agreement, and shall be promptly delivered to the Owner in a reasonably organized form without restriction on future use. Should the Owner subsequently contract with a new architect for continuation of services on the Project, the Architect shall cooperate in providing inforination. 1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require the Owner to pay for any work which is unsatisfactory as determined by the Owner's representative or which is not submitted in compliance with the terms of this Agreement. The Owner shall not be required to make any payments to the Architect when the Architect is in default under this contract, nor shall this section constitute a waiver of any right, at law or at equity, which the Owner may have if the Architect is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. 1.3.9 PAYMENTS TO ARCHITECT 1.3.9.1 Payments on account of services rendered shall be made monthly upon presentation of the Architect's statement of services. 1.3.9.2 Reimbursable Expenses, in an amount not to exceed$85,000.00, are not included in the not-to-exceed sum for compensation for the Architect's professional services and include expenses incurred by the Architect and the Architect's employees and consultants directly related to the Project,as described in 1.1.2.4.B. 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be promptly provided to the Owner or the Owner's authorized representatives. 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the Architect. This Agreement comprises the documents listed below. 1.4.1.1 Architectural Services Agreement between Owner and Architect. 9 1.4.1.2 Other documents as follows: Exhibit"A" Proposal Exhibit`B" Reimbursable Expense Allocation "Supplemental Agreement No. 1"supplementing Architectural Services Agreement between Owner and Architect. 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Americans with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) provide that it is a violation of ADA/TAS to design and construct a facility for first occupancy later than January 26, 1993 that does not meet the accessibility and usability requirements of the ADA/TAS except where an entity can demonstrate that it is structurally impractical to meet such requirements. The Architect will use its best professional efforts to interpret and meet applicable ADA/TAS requirements and other federal, state and local laws, rules, codes, ordinances and regulations as they apply to the Project. ARTICLE 1.5 COMPENSATION 1.5.1 Payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement and in format requested by the Owner. 1.5.2 Payments are due and payable thirty(30) days from the date of the Architect's invoice, or not later than the time period required under the Texas Prompt Payment Act, whichever is later. Non-disputed amounts unpaid sixty (60)days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Payments hereunder shall be made in accordance with the Prompt Payment Act. This Agreement entered into as of the day and year first written above. [Signatures on the following page.] 10 OWNER ARCHITECT CITY OFR UND ROCK,TEXAS PGAL,Inc. By: By: cI�`� Mayor,Craig M i rgan Date: I l� Date: January 9, 2018 ATTEST: By: Sara L.White,City Clerk FOR CITY, PPROVED AS TO FORM: By: Stephan L. ets,City Attorney 11 ARCFI ITECTU RE ENGINEERING INTERIORS I PLANNING ' January 4, 2018 Letter of Proposal for Professional Architectural & Engineering Services for the CITY OF ROUND ROCK PUBLIC LIBRARY This Letter of Proposal is for professionaL architecturaL services by PGAL(the"Architect") for the City of Round Rock(the"City"and"Owner")for the new Round Rock Public Library— (the"Project"). 1.o PROJECT SCOPE ALEXANDRIA ATLANTA 1.1. The Project scope includes comprehensive needs assessment, program AUSTIN development,design and construction administration for a new PubLic Library BOCA BATON and Parking Garage to be located on City property at North Mays Street adjacent CHICAGO DALLAS to the south bank of Brushy Creek. HOBOKEN N 1.2. The initial project information is estabLished by the City's Statement of Work, LAS VEGAS revised September 27, 2017,which anticipates"a five-story, sixty-thousand LOS ANGELES (60,000)square foot fociLity consisting of three (3) LeveLs that are twenty-thousand (20,000)square feet each and a two (2)story parking garage to accommodate approximately three-hundred(300)vehicles." For the purposes of this initiaL ProposaL,the Statement of Work is modified as follows: 1.2.1 Although the currently designated budget for the Cost of Work is $20,000,000,the assumed Cost of Work is as follows: 60,000 SF $20,500,000 300 parking spaces x$22,000 per space = $5,400,000 Total rough estimate = $25,900,000 1.2.2 The Site is assumed to consist of the originally proposed site at 500 North Mays plus the additional site of 416/420 North Mays as weLL as the 2 potentiaL RRISD parceLs Located adjacent to the west property Line. 1.3. The project delivery method will utilize a general contractor selected using a Request for Competitive Sealed Proposals. 2.o ARCHITECTURAL SERVICES The Architect shall collaborate with the City as needed to provide the following professional services: 2.1 Discovery and Programming—The Architect and Library Consultant will work with the City to provide the following services: 2.1.1 Kick Off Meeting: We will review the contents and recommendations of the previously completed Needs Assessment,then meet with the Library and City staff to discuss those findings to ascertain their current relevancy.Working with the City,we will develop the stakeholder and Exhibit "A" 3030 LBJ Freeway,Suite 1220 T 972 8712225 PGAL.COM Dallas,TX 75234 r 972 8712228 community engagement strategy and schedule desired tours of other Libraries. 2.1.2 Optional-Pertinent Library Projects Listening Tour: If desired,the Architect and Library Consultant wiLL tour with City staff other recent and pertinent Libraries that offer compelling similarities and opportunities to study design strategies that could inform the design of the RRPL.Not only will this allow City staff and other participants to form a shared vision for the new facility, it wiLL allow everyone to develop a common understanding about current"state of the art" projects,observe what works and what doesn't,and form a common background of experience that we all can draw from (and refer to) throughout. 2.1.3 City Stakeholder Meetings: We wiLL hold a series of meetings over a two-day period to interview staff, Board,and other City departments as needed to determine programming needs and preferences.This will include a presentation and interactive discussion on Library trends and best practices. 2.1.4 Community Input Meetings: We will facilitate up to 4 such meetings (Children, Seniors,Teens,Open Forum) over a two-day period to determine the community's needs and preferences.This will also include a presentation and interactive discussion on Library trends and best practices. 2.1.5 Program Development Meeting: We will meet with the Library and City staff to review the findings and begin the development of an initial program. 2.1.6 Written Program: We will create a written program of requirements Listing the proposed activities and spaces,quantity and size,outdoor amenities,and other desired features. This will be submitted initially as a Rough Draft to the City's Project Team for review and necessary revisions. Working with the City,we will develop Room Data Sheets for every proposed space in the facility,to be filled out by the City. These wiLL be"live"documents available for continual updating during the evolution of the project up to and including the Design Development phase. The written Program wiLL incLude: • Site and building goals,challenges and opportunities • Descriptions of programs and services • Quantified List of spaces and their respective sizes • Collection and Technology Data • Functional adjacency requirements • Amenities,ambiance and atmosphere • Opportunities for branding and establishing identity • HVAC,electrical and other building systems criteria • Furniture and equipment required • Custodial and maintenance issues • Sustainable design goals and preferences • Security requirements • Other operationaL requirements • Room Data Sheets Exhibit "A"A�� Pag e 2 of 10 2.1.7 Adjacency and Stacking Charrette: We will hold a design charrette (a participatory,actual design session)with the City Project Team and other stakeholders if desired. This would take 2-3 hours. We will provide a"kit of parts"(program space cutouts to scale)and a site/building plan at the same scale,and engage them in the actual design of a new Library. It wiLL allow the Project Team to set priorities, make compromises,and help determine a number of critical adjacency and vertical stacking relationships, public/private separation issues, operational strategies, relative Location of spaces,etc. 2.1.8 Initial Construction Cost Estimate: At the conclusion of Programming,we will present budget scenarios with total square footage options times unit costs ($/SF), based on research and experience with similar facilities. These scenarios wiLL include budgets for sitework and"soft"costs and will give the City some flexibility in establishing or confirming an acceptable budget before design begins. 2.1.9 Final Program Report: We will compile the above information into a written, bound Final Program Report along with an Executive Summary slideshow presentation that we can deliver to the Board,City Council or other stakeholders as desired. We have include one day of such presentations. 2.2 Schematic Design—Continuing to work interactively with the City,the Architect will provide these services: 2.2.1 Multiple Site/Floor Plan Options: Based on the approved Program and the results of the Charrette,the Architect will develop multiple (at Least 3) conceptual site/floor plan design options to review with the City.These will include stacked and"unstacked"options for the arrangement of the parking garage.We wiLL meet with the City's Project Team to present those alternatives. In a workshop setting,we will compare the benefits and liabilities of each option so that you will be able to make informed decisions about the concepts that will serve you best. If necessary,we wiLL develop subsequent options for your review and approval. 2.2.2 Multiple 3D Options: Thereafter,we wiLL further refine the selected scheme in plan and develop multiple (at least 3) 3-D design options for review with the City and stakeholders as desired.These options may explore different architectural styles for the building facades with regard to the project's relationship to the architectural context of Round Rock, its history and downtown as well as the Library's role as an institution setting a standard for the next several decades. 2.2.3 Furniture&Shelving Test Fit: We will refine the floor plan by providing FF&E Layouts in more detail for review and approval. 2.2.4 Schematic Design Package: A schematic design package will be provided for final review and approval by the City and wiLL include: • Site Plan in color • Floor Plans in color,with furniture and equipment layouts • 3-D Revit model showing exterior massing and materials • Exterior elevations Exhibit "A" Page 3 of 10 • Computer 3-D Renderings of exterior views (at Least 3) • Computer 3-D Rendering of primary interior view • Preliminary Finish Schedule • Basis of Design Narrative for MEP and IT systems • Project Cost Estimate 2.3 Design Development- The Architect wiLL prepare Design Development documents for the City's approval to illustrate more detailed development of the approved Schematic Design in order to establish and describe the size, scope,character, material composition,systems,and other features. This phase will include the integration of the various structural and MEP systems. DeLiverabLes will include site plan,floor plans, RCP's,sections,elevations,finish schedules,diagrammatic Layouts of the building systems, preliminary specifications, preliminary CiviL, Landscape, Structural, MEP and IT drawings, other details to describe the size and character of the Project,and an updated Cost Estimate. During this phase,the Architect will meet with the City bi- weekly(in person or via WebEx or similar remote conferencing as mutually determined)to facilitate project development and schedule adherence 2.4 Construction Documents-The Architect wiLL prepare detailed Construction Documents, including drawings and specifications to be used for bidding and construction.The Architect will select interior finishes,patterns and colors,and prepare a presentation board for approval by the City. There will be interim review submittals at 50%and 90%completion, including the use of shared BLubeam Revu collaboration for redlines and comments.An updated Cost Estimate wiLL be provided with the 90% interim submittal.The Architect will meet with the City bi-weekly(in person or via WebEx or similar remote conferencing as mutually determined)to facilitate project development and schedule adherence. 2.5 Bidding and Contract Award - In this phase,the Architect will work with the City to craft the Request for Competitive Sealed Proposals to establish the City's priorities for evaluation and selection of the general contractor, including development of an itemized bid breakdown form and unit cost schedules. We will issue the construction documents for bidding,address and issue addenda as required to clarify the Construction Documents and design intent. We will assist the City in review and scoring of the proposals, interviews of up to 3 proposers,selection of the Contractor,and final contract negotiations. 2.6 Construction Administration-The Architect will provide general- administration eneraladministration of the Contract between the Owner and the Construction Manager as set forth in the current version of AIA Document A201. 2.6.1 We wiLL provide ongoing attendance at twice-monthly Progress Meetings, review submittals, process Applications for Payment,and aLL other duties described in the General Conditions of the Contract. We also make periodic visits during construction to observe the progress, craftsmanship,and quality of materials. 2.6.2 At approximately I I months after Substantial Completion,the Architect will provide a project"walk-through"with the City and Exhibit "A" Page 4 of 10 Contractor to identify any warranty related items that must be addressed. 2.6.3 The Architect will provide the Revit model to the Contractor at the commencement of the Construction phase to facilitate coordination, construction submittals and submission of the As-Built Documentation. The Contractor will be responsible to utilize this model to take the Level of Development to the degree of complexity and detail established by the City in the RFCSP for final submission to the City for facility maintenance and as-built documentation. 2.6.4 The Architect shall provide Construction Phase services exceeding the Limits set forth below as Additional Services.When the limits below are reached,the Architect shall notify the Owner: • Up to 2 reviews of each Shop Drawing, Product Data item,sample and similar submittals of the Contractor. • Up to fifty-four(54)visits to the site by the Architect over the duration of the Project during construction, including attendance at twice monthly construction Progress Meetings,to review the progress and quality of work and to determine if work is proceeding in accordance with the Contract Documents. • Up to two (2) observations for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. • Up to one (1)observations for any portion of the Work to determine final completion. • Up to sixty(60) days after the date of Substantial Completion of the Work or the originally scheduled date of Substantial Completion, whichever is earlier. 2.7 Building Information Modeling: The building will be designed utilizing using Autodesk Revit®Architecture Building Information Modeling(BIM) software to a 300 LeveL of Development. BIM shall be Limited to overaLL building massing indicative of area, height,orientation and materials modeled in three dimensions or represented by other data and its use is restricted to the Architect and its Consultants for the purposes of internal coordination and conceptual presentation to the Owner. No other party may rely on the accuracy of the 3D ModeL for purposes beyond conceptual representation. Unless otherwise agreed in writing,any use of,transmission of,or reliance on the Model is at the receiving Party's sole risk. 2.8 FF&E Design&Procurement Assistance—The Architect and Interior Designer will provide the following services for the design and procurement of the furniture and shelving: • Refine selected furniture Layout. • Provide chair and fabric samples for owner selection. • Furniture showroom tours for office/workroom furniture. Exhibit "A" Pa f Page 10 • Provide furniture and equipment specification and schedules for bidding and/or state contract purchasing. • Power/data/technology coordination • Provide drawings and specifications for custom end panels • Provide bid documents,answer questions and review bid and contract proposals • Review shop drawings and answer questions during CA. • Provide thematic design services for teen and/or children's areas. • Coordinate installation schedule of furniture with general contractor and vendors. • Participate in (2) punch List for FFE. • Furniture specifications divided into appropriate bid/government contract schedules and coordinated with FFE specialist. • Deliverables: o Furniture floor plans o Specification binder o Binder with fabric and finish selections o Cost estimates by area and schedule o Bid documents and/or proposals 2.9 Signage and Graphics—The Architect will provide design services to produce custom design,themed signage and graphics for the Project. Deliverables will include plans,schedules,elevations, illumination/electrical power requirements,detail drawings and specifications of interior and exterior signage and graphics. 2.10 Civil Engineering and Surveying—The Architect will provide CiviL Engineering and Surveying services in accordance with Attachment A- 2P Consultants CiviL &Surveying Proposal 01-05-18. 2.11 Landscape Architectural Design —The Architect will provide Landscape Architectural Design services in accordance with Attachment B— Coleman Landscape Architecture Proposal 12-20-17. 2.12 Technology Consulting-The Architect wiLL provide design consulting services for Audio-VisuaL Systems,Structured Cabling Systems,and Building Security in accordance with Attachment C-Sextant Group Technology&Acoustics Proposal 01-04-1 8. Although not included at this time,the Acoustical Consulting Services Listed in Attachment C may be provided as an Additional Service. 2.13 Cost Estimating—The Architect will provide Construction Cost Estimating services in accordance with Attachment D-APR Cost Estimating Proposal 12- 19-17. 2.14 Commissioning—The Architect will provide"3rd Party"MEP Commissioning services in compliance with the fundamental requirements of the IECC 2015 as described in Attachment E-WSP Commissioning Proposal, 1 1-29-17,Article 2.0 Scope of Work: IECC 2015 MEP Commissioning(Cx) Services. Although not included at this time,any of the optional Commissioning Services listed in Attachment E may be provided as an Additional Service. Exhibit "A" Page 6 of 10 2.15 Project Management Commitment-The Project will be managed by PGAL Principal-Jeff BuLLa,AIA, LEED AP,who will lead the design team effort from notice-to-proceed to final completion. Mr. BuLLa will substantially participate in aLL phases as follows: • Programming and Needs Assessment: Although the Library Consultant, Maureen Arndt/720 Design will lead this phase, Mr. BuLLa will participate in a majority, if not all, programming sessions. • Schematic Design and Design Development: Mr. Bulla will Lead this phase and participate in all SD phase owner meetings and at least 75% of the DD meetings. • Construction Documents: Mr. BulLa wiLL participate in at Least 60%of all CD phase owner meetings. • Construction Administration: It is anticipated that Mr. BuLLa wiLL participate in at Least one third of the CA phase progress meetings with the intention of attending the end-of-month pay application review meetings on a regular basis. 3.0 SCHEDULE The Architect proposes the following design schedule,exclusive of any Client review time: Discovery and Programming: 2 months Schematic Design: 4 months Design Development: 4 months Construction Documents: 8 months Total Design Duration: 18 months A more in depth,deliverables-driven project schedule will be developed and reviewed with the Client prior to commencement of the Discovery and Programming Phase. 4.0 PROFESSIONAL FEES 4.11. For the services described,the Client shall compensate the Architect as follows: Services Total Discovery&Programming $58,500 Architectural,Structural and MEP Design $2,029,335 FF&E Design& Procurement Assistance $ 1 16,000 Signage and Graphics $21,000 Civil Engineering and Surveying $ 132,000 Landscape Architecture $53,150 Technology Consulting $85,150 Cost Estimating $34,515 Commissioning $23,350 Total Professional Fees $2,553,000 Exhibit "A" Page 7 of 10 4.2. Optional Fee for Pertinent Library Projects Listening Tour: Should the Client desire to tour pertinent library projects with the Architect and Library Consultant,the Architect shall be compensated the following total amount per day plus reimbursable expenses: Add: $3,080 4.3. Optional Fee for Elevated Roof Garden: Should the final Schematic Design consist of an elevated roof garden,the following additional fee shall be added to provide for the additional coordination,water-proofing and drainage system design: Add: $35,000 4.4. Optional Fee for Acoustical Consulting: Should the final Schematic Design necessitate a need for specialized acoustical consulting as described in Attachment C-Sextant Group Technology&Acoustics Proposal 01-04-1 8,the following additional fee shall be added: Add: $15,000 4.5. Optional Fees for Optional Commissioning Services: Should the Client desire,the following services may be added as described in Attachment E-WSP Commissioning Proposal: Option#I -Enhanced MEP Commissioning: Add: $6,550 Option#2 - Base Envelope Commissioning: Add: $18,000 Option#3 -Enhanced Envelope Commissioning: Add $21,500 5.o REIMBURSABLE EXPENSES 5.1. The Client shall reimburse the Architect and sub-consultants for actual expenditures made by the Architect in the interest of the Project. Reimbursable Expenses shall include: 5.1.1. Transportation to and from the Project location including automobile mileage at prevailing rates,tolls and parking costs; 5.1.2. Out-of-town travel and subsistence; 5.1.3. Travel and subsistence related for the Pertinent Library Projects Listening Tour; 5.1.4. Reproductions, plots, reprographic services,standard form documents, postage,courier or express mail services required for the delivery of Instruments of Service; 5.1.5. Telecommunications expenses related to conference or video conferences such as GoToMeetings or WebEx; 5.1.6. Fees paid for securing approvaL of authorities having jurisdiction over the Project. Exhibit "A" Page 8 of 10 6.o ADDITIONAL SERVICES 6.1 Additional Owner Requested Site Visits: Should additional Site visits be required during construction by the Architect,these will be charged at$450 for Austin-based personnel. Additional visits by the Architect's Consultants wiLL be charged at their hourly rates. 6.2 Compensation for Additional Services: Compensation for other Additional Services shall by negotiated on a Lump sum basis or provide on an hourly basis in accordance with the Consultant's current billing rate. 6.3 Scope Revisions: Following prior written authorization and approval of Client, Architect shall be compensated to make revisions in drawings,specifications or other documents when such revisions are: • necessitated by inconsistencies with approvals or instructions previously given by the Client, including revisions made necessary by adjustments in the Client's program or Project budget; • required by the enactment or revision of codes, Laws or regulations subsequent to the preparation of such documents; • necessitated because of significant changes in the Project and authorized by written Change Orders including, but not limited to,size,quality, complexity,the Client's schedule,or the method of bidding or negotiating and contracting for construction; • providing any other services not included herein or not customarily furnished in accordance with generally accepted architectural practice. 6.4 To the extent the Architect's services are affected,the Architect shaLL be compensated for Additional Services if the services covered by this Agreement have not been completed within Forty(40) months of the date of this Agreement,through no fault of the Architect. 7.0 EXCLUDED SERVICES It is agreed that the foLLowing services are not included herein at this time. If required, they may be added as an Additional Service: • LEED Certification • Items specifically exempted in attached Consultant Proposals • Environmental Assessment • Traffic Impact Studies • Geotechnical investigation • Materials Testing • As-built drawings 8.0 MISCELLANEOUS PROVISIONS 8.1 Project Contingency: The Owner and the Architect agree that this is a one of a kind Project that constitutes a number of unique variables including but not Limited to the site and setting, local environment,the context, program, budget, stakeholders involved,the set of consultants and team assembled,the Contractor,jurisdiction,timeframe,etc. Increased costs and changes may be required because of possible omissions,ambiguities or inconsistencies in the Exhibit "A" Page 9 of 10 drawings and specifications prepared by the Architect;therefore,the final design and construction costs of the project may exceed the estimated or bid cost. The Owner agrees to set aside a reserve in the amount of 5%of the cost of the Project as a Contingency to be used,as required,to pay for any such increased costs and changes. The Owner further agrees to make no claim by way of direct or third-party action against the Architect or its consultants with respect to any increased costs within the Contingency because of such changes or because of claims made by the Contractor relating to such changes. 8.2 Statement of Jurisdiction: In accordance with requirements of the Texas Board of Architectural Examiners (TBAE),the Architect makes the foLLowing Statement of Jurisdiction:"The TBAE has jurisdiction over complaints regarding the professional practices of persons registered as architects in Texas".The Board may be contacted as foLLows: 1) By mail:Texas Board of Architectural Examiners, P.O. Box 12337 Austin,TX 7871 1-2337; 2) In person: 333 Guadalupe,Suite 2-350 Austin,TX 78701-3942; 3) By telephone: 512/305- 9000;4) By fax: 512/305-8900;or 5)Via website:www.tbae.state.tx.us. Exhibit "A" Page 10 of 10 2P 507 W. Liberty Avenue Round Rock, Texas 78664 CONSULTANTS 512-394-7126 January 5, 2018 PGAL 2222 Western Trails Blvd. Suite 300 Austin, Texas 78745 Attn: Jeff Bulla—jbullaQ al.com RE: City of Round Rock Public Library Dear Mr. Bulla: 2P Consultants, LLC (2PC) is pleased to present the following proposal and fee schedule to provide the Civil Engineering and Surveying services to PGAL ``Client" for the design of site improvements for the City of Round Rock Public Library project located at 500 North Mays Street, Round Rock, Texas. The scope of services for Civil Engineering and Surveying services are attached as follows: Exhibit"A" Civil Engineering Schematic Design. Exhibit`B" Civil Engineering and Surveying Design Development. Exhibit"C" Civil Engineering Construction Documents. Exhibit"D" Construction Administration. Exhibit"E"Project Closeout. Exhibit"F"Fee schedule and basis of compensation. Exhibit"G"reflects project related clarifications. Exhibit"H"includes items which are not included in this proposal, but can be provided by 2PC, if needed for an additional scope &fee. Exhibit"I" is the Terms and Conditions for your Authorization. We trust this proposal meets your requirements for this project. We appreciate the opportunity to be of service to PGAL, and trust that our association on this project is mutually beneficial. Sincerely, 2PC,LLC Pak Don Pool Vice President PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 2 of 12 EXHIBIT "A" Task Item I—Schematic Desit4n A. Project Management a. Coordination &Meetings 1. This task item,includes up to five(5)meetings with the design team and City of Round Rock entities to obtain information necessary to complete the conceptual layout of the project, collection of data required for laying out the site and coordination with the City of Round Rock Planning Department. B. City Concept Plan a. Site Existing Conditions 1. A site existing conditions map will be prepared from the site survey. This plan will identify all existing above ground improvements and terrain. b. Concept Plan Development 1. This task item includes working with the client to review and develop a concept plan for the development that generally complies with the City of Round Rock codes. 2. The review and conceptual plan will reflect general compliance for access from the public streets, domestic water requirements, fire water requirements, wastewater requirements, parking requirements and general drainage (detention&water quality)requirements. 3. 2PC will coordinate with the client to develop alternatives for water quality/detention. The alternatives to be considered for water quality treatment will be a standard sedimentation filtration pond,underground treatment vaults, and some green initiatives. The volumes and pond sizing for these alternatives will be based upon estimated drainage basins. 4. The client approved concept plan will be submitted and processed through the City. 5. 2PC will meet with the City to address any concerns or comments regarding the concept plan. C. Applications and Submittals a. Concept Plan Permitting 1. Submit Concept Plan drawings and documentation prepared under this proposal for review and final acceptance performed by the City of Round Rock. 2. This task includes coordinating with each reviewing department and obtaining approval signatures on the final plan set. Civil Engineering 0 Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5,2018 Page 3 of 12 EXHIBIT "B" Task Item II—Design Development A. Project Management a. Coordination&Meetings 1. This task item includes up to five(5)meetings with the design team and City of Round Rock entities to obtain information necessary to complete the design of the project, collection of data required for preparation of reports and for design and coordination with the City of Round Rock Planning Department. B. Civil Engineering Site Plan Services a. Site Grading Design 1. Based on the Concept site plan, one (1) preliminary grading plan will be prepared for the site for review by the Owner. This plan will indicate the preliminary elevation of the building and pavement areas. This drawing will be a schematic drawing, indicating spot elevations and drainage features only. b. Site Drainage Design 1. Produce, in concert with the site-grading plan, one preliminary site drainage plan, which will meet the requirements of the Owner,the Architect, and the City of Round Rock. 2. Preliminary drainage plan will consist of general flow areas and patterns to reflect drainage design. c. Water and Wastewater Design 1. Coordinate location and layout of water and wastewater mains to serve the proposed facilities (on-site). Water and wastewater service sizes and service locations shall be determined by the MEP or Architect. 2. Coordinate with the Architect and design team concerning fire protection facilities and coverage areas. Preliminary design shall include fire truck circulation and layout of fire lanes. d. Erosion/Sedimentation Control and Tree Protection Plan 1. Prepare a preliminary erosion/sedimentation control and tree protection plan in conjunction with the building site and drainage design per City of Round Rock code. e. Drainage Schematics 1. Work with the client and owner to develop more detailed plans for capture and release of the additional the storm water runoff created by the increased impervious cover as a result of the development. C. Surveying 1. Provide survey platting services to combine the City owned tract(500 Mays) and the previously purchased tract(416 Mays). It is also understood that there may some additional property acquired from the school district that will need to be included in the final plat. This task includes preparation and permitting of the final plat, minus any title commitment work for the school property. This does also not include replatting the remainder of the school property. Civil Engineering ❑ Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 4 of 12 EXHIBIT "C" Task Item III—Construction Documents A. Project Management a. Coordination&Meetings 1. This task item includes up to five(5)meetings with the design team and City of Round Rock entities to obtain information necessary to complete the design of the project, collection of data required for preparation of reports and for design and coordination with the City of Round Rock Planning Department. B. Final Civil Engineering Site Plan Services a. Site Grading Design 1. 2PC will review the client provided geotechnical report to assist in the final grading design. 2PC will endeavor to optimize the site grading to generally balance the cut and fill quantities for the site. However, this task does not guarantee that an equal balance of cut and fill of earthwork for the site can be obtained. 2. Upon final approval of the preliminary grading plan, a final grading plan will be prepared. This grading plan will be suitable for construction. This plan will show existing and proposed ground contour lines, and spot elevations to grade the site for drainage. 3. This task item does not provide for structural design of retaining walls, review of walls designed by others, nor inclusion of structural details of any kind on this site grading plan. b. Site Drainage Design 1. Produce, in concert with the final site-grading plan, one final site drainage plan, which will meet the requirements of the Owner, the Architect, and the City of Round Rock. 2. The site drainage plan will be suitable for construction of improvements to allow for proper drainage of the site. The construction drawings will indicate proposed inlets, storm sewers, flumes, swales, headwalls, and other drainage features. Profiles of the storm drain main lines and laterals (if required) are included. The design of these facilities will be limited to a point 5 feet outside the building lines. The design of facilities (including, but not limited to roof drains) beyond this point, and within the limits of the building will be performed by others. 2PC will coordinate with the Architect to allow for the conveyance of the roof drains. 3. Drainage area maps for pre- and post-development conditions will be prepared. The drainage area map will delineate drainage areas and storm.drainage runoff data for this site and for adjacent properties that may affect drainage on this site. 4. Drainage reports and calculations as necessary for review and approval at the City of Round Rock will be provided. 5. The prospect site is within the Edwards Aquifer Recharge Zone and is required to adhere to TCEQ requirements. Therefore, design and analysis of water quality treatment is included in the scope. This task includes permitting through TCEQ for the Recharge Zone Water Pollution Abatement Plan (WPAP)Permit. 6. A Stormwater Pollution Prevention Plan(SWPPP)is required as part of the TCEQ submittal for the WPAP Permit. 2PC will prepare the SWPPP. The associated maintenance forms, Civil Engineering 0 Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 5 of 12 inspections reports and record documents shall be prepared, submitted and maintained by the contractor. 7. Onsite detention shall be designed for the project. 2PC will provide calculations, design and construction plans for the regional detention and water quality pond in accordance with City of Round Rock criteria. The stormwater conveyance system to the detention and water quality pond is included in this task. Any structural design elements required for the design of the pond are not included in this contract. c. Water and Wastewater Design 1. Coordinate the final location and layout of water and wastewater services to serve the proposed facilities (on-site). Water and wastewater service sizes and service locations shall be determined by the MEP or Architect. 2PC will design the layout of these facilities to be to a point within five feet outside the building lines. The layout and design of facilities beyond this point and within the limits of the building are not included in this scope of work. 2. Coordinate with the Architect and design team concerning final fire protection facilities and fire lane circulation layout. Design responsibilities shall be limited to layout of fire protection facilities, such as,freestanding hydrants and water supply lines beyond the 5-foot building line of all structures. The requirements for the fire protection facilities will be determined by others including line sizes,service location,special valves,hydrant locations, etc. Any details required for alarm systems and controls for the fire protection system will be designed and shown on drawings by others. 3. Prepare construction drawings for.the water and wastewater service lines (on-site). These drawings will consist of a water and wastewater plan for the proposed improvements. Water and wastewater profiles are not included in this proposal. 4. The prospect site is within the Edwards Aquifer Recharge Zone and is required to adhere to TCEQ requirements. Therefore, if the site constraints require that two or more wastewater service connections be combined prior to connecting to the public wastewater main, a Sewage Collection System (SCS) permit will be required by TCEQ. This includes permitting through TCEQ for the Recharge Zone SCS Permit. d. Site Paving&Dimension Control Plan 1. 2PC will work in conjunction with the Project Architect and Landscape Architect to provide a site paving and dimension control plan. This item includes dimension controls sufficient for construction of building corners, pavement curb lines, and accessible sidewalks. Any items outside of the general site items, such as the swimming pool flatwork or other amenity areas shall be designed and dimensioned by others and referred to with a note in 2PC's civil plans. 2. The dimension control plan will be based on the final site plan. 3. If required, prepare paving details based on pavement section recommendations provided by the geotechnical report (provided by others). A joint spacing and location plan is not included in this item. e. Erosion/Sedimentation Control and Tree Protection Plan Civil Engineering 0 Surveying PGAL Proposal No.2017-002R3 City of Round Rock Public Library January 5, 2018 Page 6 of 12 1. Prepare the final erosion/sedimentation control and tree protection plan in conjunction with the building site and drainage design per City of Round Rock code. f. Traffic Control plans will be provided for the traffic control around the proposed driveway access points. g. Construction Specifications 1. Construction notes, standards and specifications pertaining to the civil site design and relevant to the City of Round Rock standards will be included on the construction drawings as necessary for construction. C. Surveying 1. Prepare various easements associated with the project, including water, access and ISD property conveyance. D. Applications and Submittals a. Site Plan Permitting 1. Submit construction drawings and documentation prepared under this proposal for site plan review and final acceptance performed by the City of Round Rock. 2. This task includes coordinating with each reviewing department and obtaining approval signatures on the final plan set. 3. Upon approval of the initial site plan review submittal, the civil site plan package and all necessary documents for approval will be submitted for Site Plan review. 4. Upon final approval of all City of Round Rock review comments, a final set of signed and sealed drawings will be provided as required by the City of Round Rock. b. Texas Commission on Environmental Quality 1. 2PC will prepare a WPAP as required by the Texas Commission on Environmental Quality (TCEQ) for construction projects within the Edwards Aquifer recharge zone. 2. A Geological Assessment of the subject site is required to complete a WPAP. A Geological Assessment is not included in this scope of work. The owner shall provide the Geological Assessment to 2PC, Inc. for use with the WPAP submittal to TCEQ. 3. 2PC will address comments from TCEQ to obtain approval of the WPAP as required. 4. The WPAP will consist of a Storm Water Pollution Prevention Plan (SWPPP) for the owner's and contractor's use. 5. Recording of the WPAP is the responsibility of the owner. 6. If an SCS is required; that application and permit will be processed through TCEQ as well. c. TDLR Architectural Barriers Project Registration The Architect will register the project and process the reviews through a Registered Accessibility Specialist. 2PC will design the sidewalks, drives and building access points to meet or exceed the current ADA regulations. Civil Engineering 0 Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5,2018 Page 7 of 12 EXHIBIT "D" Task Item IV—Construction Administration A. Construction Phase Services a. Bidding Assistance 1. Prepare a quantity takeoff of the site related items to assist in the bidding process. 2. Prepare an Engineers Opinion of Probable Construction Cost of the site related items to assist in the bidding process. b. Construction Administration 1. Make monthly visits to the site and observe progress and quality of the executed site work and determine in general if the site work is proceeding in accordance with site plans and specifications. 2. Check and approve shop drawings, results, tests, and required observations which the Contractor is required to submit, but only for conformance with the design concept of the project. It is understood that the Architect may have an online collaboration software that 2PC will be required to process these coordination items through. 3. Once site construction is complete; conduct field observation to determine if the project is substantially complete and a final observation to certify that completion so that the Civil Engineer may provide a letter of concurrence to the City of Round Rock. Civil Engineering 0 Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5,2018 Page 8 of 12 EXHIBIT "E" Task Item V—Project Closeout A. Project Closeout 1. Prepare a set of record drawings for submittal to Client and the appropriate agencies based on as-built plans to be provided by the contractor. Civil Engineering❑ Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 9 of 12 EXHIBIT "F" FEE SUMMARY I. SCHEMATIC DESIGN: A. Project Management----------------------------------------------------------------$ 69500.00 B. City Concept Plan---------------------------------------------------------------------- 11,500.00 C. Applications and Permitting_____________________________________________ $ 1,500.00 TOTAL SCHEMATIC-----------------------------------------------------------$ 195500.00 II. DESIGN DEVELOPMENT: A. Project Management------------------------------------------------------- __ $ 6,500.00 B. Engineering Services------------------------------------------------------------------ 17,500.00 C. Surveying Services---------------------------------------------------------------------$ 13,500.00 TOTAL DESIGN DEVELOPMENT _ $ 379500.00 III. CONSTRUCTION DOCUMENTS: A. Project Management------------------------------------------------------------------$ 69500.00 B. Engineering Services-------------------------------------------------------------------$ 42,500.00 C. Surveying--------------------- ---------------------------------------------------------------$ 39500.00 D. Applications and Permitting_____________________________________________ $ 5,500.00 TOTAL CONSTRUCTION DOCUMENTS_________________________$ 585000.00 CONSTRUCTION ADMINISTRATION_ _ .................................$ 10,000.00 V. PROJECT CLOSEOUT- -----------------------------------------------------------------$ 35000.00 VI. TCEQ Review Fee Allowance -$ 45000.00 TOTAL FOR CIVIL ENGINEERING AND SURVEYING $ 132 000.00 The fees for Items I-V, established above, shall be considered lump sum fees unless otherwise noted. Our services will be invoiced monthly based on the percentage of work completed. Please see attached Hourly Rate Sheet for additional services or additional site visits if requested. Civil Engineering 0 Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 10 of 12 EXHIBIT "G" CLARIFICATIONS 1. Any requested services not specifically covered by the "Scope of Work"will be invoiced separately as an additional service. 2. Resolution of conflicts are not included in this Scope and Fee proposal. 3. Geotechnical Engineering Report, Geological Assessment, Site Lighting layout, Electric Plan, and Architectural Elevations Plan to be provided by the owner and shall be in conformance with City of Round Rock Standards. 4. 2PC generally recommends that an environmental assessment be performed on each site prior to development. However, an environmental assessment for the subject site is not required by the City for this site plan approval. 5. The client shall provide a recent title commitment,prior to 2PC commencing to work on the survey portions of the project. Civil Engineering El Surveying PGAL Proposal No. 2017-002R3 City of Round Rock Public Library January 5, 2018 Page 11 of 12 EXHIBIT "H" (Items not included in this scope and fee) 1. Surveying services; other than those listed 2. Enhanced Landscape Architectural services, only Code Compliance Landscape plans will be provided; 3. Landscape architectural services for wet pond related services; 4. Irrigation layout design services; only irrigation specifications will be provided 5. Environmental services; 6. Geotechnical consulting services; 7. FEMA.Floodplain or reclamation studies; 8. Quality control and material testing services during construction; 9. Fire protection, gas, telephone, cable and/or electric design; 10. Improvement surveys; other than those listed 11. Filing fees,permit fees and sales tax; 12. Environmental impact statements and assessments; 13. Traffic engineering report or studies; 14. Construction staking; 15. Design of any facilities within the limits of the building; 16. Design for relocation or adjustment of existing improvements or infrastructure; 17. This proposal includes the design of on-site facilities only. Design of any off-site utility or drainage facility extensions which may be required to serve the property are not included; 18. Water modeling; 19. Structural engineering services for walls or pond structures; Civil Engineering 0 Surveying COLEMAN & A S S O C I A T E S 12/20/17 Mr. Jeff D. Bulla PGAL Austin, TX RE: Round Rock Public Library Landscape Architectural Services Revision#1 Dear Mr. Bulla: It is our pleasure to submit the following landscape architectural design proposal for new Round Rock Public Library project in Round Rock Texas ITEM 1: CITY OF ROUND ROCK LANDSCAPE CODE DOCUMENTS City Submittal drawings will include all landscape drawings and calculations required by the City of Round Rock for permitting purposes. These drawings will show proposed and existing vegetation,tree removals, replacement trees, buffering and screening requirements, etc. ITEM 2: SCHEMATIC& DESIGN DEVELOPMENT Coleman &Associates will work closely with the Design Team and Owner in the development of the landscape program. This will include: • Determine programmatic site requirements and identify desired landscape amenities • Study and coordinate utility needs for the landscape/hardscape improvements • Develop Xeriscape Plant Palette • Determine irrigation methods to be implemented • Develop hardscape materials palette • Review work provided by other Team Members for coordination purposes • Attend 4 (four) meetings regarding landscape and site issues • Produce all drawings to scale and in AutoCAD format • Begin final Landscape and Irrigation Design • Produce one(1)final landscape design rendering and one (1) 3- D view of client's choice. (additional views or renderings are available upon request at a cost of$1000.00 ea) Note: A roof top garden design will be provided by Coleman &Assoc. if the architectural design includes this element; but our proposal EXCLUDES the design of the sub—structure (structural design), waterproofing, drainage, plumbing or electrical. ITEM 3: CONSTRUCTION DOCUMENTS Construction Documents shall.include: • Landscape Planting Plan • Irrigation Plan including sleeves • Hardscape Plans including layout and spot elevations coordinated-with Civil drawings • Landscape and irrigation Details and Specifications 9890 SILVER MOUNTAIN DR•AUSTIN, TX 78737-512.476.2090•FAX 512.476.2099 1502 BACCARAT•SAN ANTONIO,TX 78258-210.492.4550•FAX 512.476.9930 ITEM 4: CONSTRUCTION OBSERVATION Construction Observation by the Landscape Architect will include: • Coordinate with Design Team and Owner during the bidding process. This will include any issuance of clarifications. • Respond to all Submittals and RFIs during construction. • Produce and distribute plan and specification clarifications and necessary plan updates as needed. • Fee includes ten (10) site visits and follow-up site reports • Perform final inspection and prepare concurrence letter upon final completion of the project. ITEM 5: REIMBURSABLE EXPENSES All reimbursable expenses are estimated and include, but are not limited to the cost of reproduction, plotting charges, and employee reimbursed job related travel and mileage. One (1)tree tagging trip (within the state of Texas) is included. If additional trips are requested; each additional trip will be$1500.00. Lump Sum: $3,250.00 (included in summary below) ITEM 6: FEE SUMMARY City Submittal/Schematic Design $12,900.00 Design Development $ 9,400.00 Construction Documents $18,600.00 Construction Observation $10,250.00 Project Close Out $ 2,000.00 Reimbursable Expenses $ 3,250.00 Total: $561400.00 ITEM 7: GENERAL 1. Additional work authorized either due to change of scope, work required in response to site plan changes, changes after city submittal (after clearance of all landscape related comments), and that would require resubmittal due to issues out of our control will be billed at the hourly rates listed below or as an additional lump sum fee to be negotiated. The Owner will be notified if items requested are outside the agreed scope of services or if scope, timeline, and/or budgets, etc. have been modified necessitating additional services. 2. Hourly rates for additional services: Landscape Architect 1 $140.00 Landscape Architect II $125.00 Landscape Architect 111 $110.00 Landscape Designer $ 85.00 CADD Draftsman $ 70:00 Clerical $ 50.00 3. Professional service fees and reimbursable expenses will be invoiced to the client monthly based on the percent completion of each item. 9890 SILVER MOUNTAIN DR•AUSTIN,TX 78737-512.476.2090•FAX 512.476.2099 1502 BACCARAT•SAN ANTONIO, TX 78258•210.492.4550•FAX 512.476.9930 ITEM 8: EXCLUSIONS The fees herein do not include the following services, but fees for these items are available upon request: 1. Design of fountain/water feature, arbors or other overhead structures, walls greater than 48" in height, signage or wayfinding, site lighting layout (aesthetic collaboration with the Architect and MEP is included), rainwater or condensate collection vessels or plumbing are excluded. (calculations for landscape water consumption is included) 2. Design of hardscape foundations and footings is excluded. 3. LEED, Green Building, Sustainable Sites documentation services are excluded. 4. Submittal for License Agreement or any expediting associated with securing such agreement are excluded. 5. Grading plans and drainage are excluded. Coordination with the Civil Engineer is included. 6. Coleman &Associates shall not be responsible for submitting plans to TAS for review and approval. 7. As builts are not included. 8. One-year Warranty Inspection is not included. 9. Reirrigation system for water quality purposes is excluded ITEM 9: ACCEPTANCE I, as Owner or Owner's representative, hereby acknowledge that I have read the items covered in the preceding proposal and agree to retain the services of Coleman &Associates as described in the terms and conditions herein. Signature: ' Signature: VJF Name: Aan Garrett-Coleman Name: Company: Coleman &Associates Inc. Company: Date: 12/20/2017 Date: The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin, TX,telephone(592)305-9000,has jurisdiction over individuals licensed under the Architects Registration Law,Article 249.a,and the Landscape Architects Registration Law, Article 249.c, Vernon's Texas Civil Statuses. 9890 SILVER MOUNTAIN DR•AUSTIN,TX 78737•51.2.476.2090•FAX 512.476.2099 1502 BACCARAT•SAN ANTONIO, TX 78258-210.492.4550•FAX 512.476.9930 THE SEXTANT January 4, 2018 Mr.Jeff Bulla G R O U P Principal PGAL PHOENIX 3030 LBJ Freeway, Suite 1220 Dallas TX 75234 ATLANTA BOSTON Re: City of Round Rock Public Library COLUMBUS DENVER Proposal for Technology and Acoustical Consulting Services. S170282.00 REVS. LOS ANGELES Dear Jeff, NEW YORK OMAHA I am pleased to submit our Revision 3 of our proposal for technology and acoustical design services. PITTSBURGH In keeping with the Owner's request to sharpen our pencil,WE have reduced our fess by 11.5°/%and RALEIGH have reduced one site visit to a Webconference. WASHINGTON DC We propose design and consultation services for the following: + Audiovisual Systems, including audio,video, display, conferencing,collaboration, presentation, control, paging and related systems such as Digital Signage. Our scope of work includes all relevant spaces and systems in the facility. + Structured Cabling Systems, including intra-building cabling, infrastructure and telecom rooms to support voice, data and television services and the master clock system. Our scope of work includes all relevant spaces and systems in the facility. In addition,we will coordinate telecom services to the building with the Owner's identified vendor. + 'Building Security, including access control, intrusion detection, emergency phones and interior/exterior video surveillance systems, applying the principles of Crime Prevention Through Environmental Design. Our scope of work includes all relevant spaces and systems in the facility and the immediate exterior of the building through concept design only. Detailed design and integration will be by Entech, the City's preferred vendor. Per the Owner's request,Acoustics is included as an OPTIONAL service: + Acoustics, including architectural room acoustics, interior and envelope sound isolation and mechanical system noise/vibration control for occupant comfort. Our scope of work includes all spaces in the facility. Environmental noise control,the impact of noise generated by this building on the surrounding environment, is excluded. This proposal covers services in the following phases: Schematic Design, Design Development, Construction Documents, Construction Administration, Project Close-out. PROCESS;TECHNOLOGY''PLANNING&PROGRAMMING Planning and Programming 1. Meet with the Owner and Architect to ascertain the functional, aesthetic,sustainability and budgetary requirements and aspirations of the Technology Systems. 2. Conduct user interviews, both on-site and remotely, as needed to complete the discovery process. 3. Submit a preliminary Technology Program with narrative descriptions of the relevant spaces and systems and an Opinion of Probable Cost for the installed systems.The report is intended to be used as a decision-making tool for planning and budgeting purposes.The costs expressed are estimates per space or system type for the equipment and labor necessary to achieve the planned functionality;the document does not identify specific component-level costs,manufacturers, makes or model numbers.The report will be submitted in PDF format THE SEXTANT GROUP INC. TECHNOLOGY CONSULTANTS 7702 E DOUBLETREE RANCH RD SUITE 300 SCOTTSDALE AZ 85258 480.831.8580 wi mv.TheSextantGroup.cam s 170•_'82-CityofiRoundRockLib-Proposal-REV3-010418MSV City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REV3. SEXTANT January 4,2018 P442 G R O U P intended to be used as a stand-alone document or as an attachment to other project documentation prepared by the Architect. ATLANTA 4. Meet with the Owner and Architect to review the Technology Program. BOSTON COLUMBUS 5. Submit a final Technology Program based on feedback from the Owner and Architect.The DENVER final document, upon acceptance by the Owner,will be used as a guideline for planning and LOS ANGELES design efforts as the project progresses. NEW YORK PROCESS:AUDIOVISUAL SYSTEMS OMAHA PHOENIX Infrastructure Design (Schematic Design Design Development Construction Documents) PITTSBURGH 1. Assist the Architect in the development of sightlines, room geometries, floor plans,seating RALEIGH tans, projection spaces,equipment locations adjacencies, and ceiling p j pJ g heights to enable WASHINGTON DC optimal use of the audiovisual systems. 2. Generate and submit Equipment Plan drawings for the Audiovisual Systems, illustrating recommended locations for projection screens, projectors,displays, cameras, loudspeakers, lecterns, equipment racks, technical furniture and other architecturally significant items as needed. 3. Review the Equipment Plan drawings with the Owner and Architect via web conference. Submit updated Equipment Plan drawings for approval by the Owner. 4. Submit to the Architect, for coordination with appropriate members of the Design Team, guidelines for the following elements as related to the audiovisual systems:AC power, HVAC, vibration and structural needs, lighting performance, dimming,dimming control,window treatments, projection glazing,equipment security,telecommunications, interior finishes, specialty furnishings and Intelligent Building Systems. Our input for these elements as related to audiovisual systems will be options to consider, not final designs or specifications. 5. Submit to the Architect, or contribute to the Revit model,for inclusion into the Construction Documents package,model elements and detailed drawings illustrating infrastructure required to support the Audiovisual Program. The drawing set will be comprised of floor plans, ceiling plans,select elevations, riser diagrams and associated details as needed. Illustrated will be elements typically provided by the General Contractor and/or Electrical Contractor,such as cable pathways, conduit destinations and sizes, back boxes,floor boxes, power locations, equipment locations, blocking, backing, projection screens, architectural integration details and other information as needed to convey the design intent. 6. Submit to the Architect,for inclusion into the Project Specifications for the base building bid, CSI-format specifications for facilities-related audiovisual components.These specifications will include items that are typically provided by the General Contractor and/or Electrical Contractor such as projection screens and projector lifts. Note:this phase does not include specification of complete audiovisual systems;the audiovisual systems bidding documents should be prepared as a separate late bid package, released during construction. Systems Design and Bidding (Planned as a late bid package for release during construction) 1. Update the Opinion of Probable Cost for the installed audiovisual systems at 100% Design Development and 100%Construction Documents. 2. Meet with the Owner to review and reconfirm the Audiovisual Program and budget.This meeting is expected to be well after construction of the building has begun. 3. Once the Owner has approved the Audiovisual Systems budget,submit to the Architect and Owner,for release to specialty audiovisual contractors, competitive bidding documents for the audiovisual systems. The documents will include: + General bidding terms and conditions as needed + Narrative system descriptions Page 2 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. ©2018 The Sextant Group,Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REV3. SEXTANT January 4,2018 P01 G R O U P + Detailed Audiovisual Systems Drawings illustrating each major component with signal flow and equipment interconnectivity, all used and unused input/output connections for ATLANTA all devices,connector types, specific manufacturer and model number labels on each a0STON component,wire/cable tags, cable fan-outs,70 volt loudspeaker taps and other details. COLUMBUS These drawings will be released to the Audiovisual Contractor, at no charge, to reduce DENVER the cost of producing Shop Drawings. LOS ANGELES + Connection points to related systems such as data networks, lighting dimming systems, NEW YORK window treatment controllers, Mass Notification Systems and Security Systems as OMAHA needed PHOENIX + Control software descriptions PITTSBURGH RALEIGH + Detailed equipment lists with specific manufacturers, makes and models numbers for all WASHINGTON DC of the major components necessary for the successful implementation of the systems design + Specification detailing the technical performance, installation,warranty coverage, training,documentation and project close-out procedures. Note:All information will be of sufficient detail as to allow the Owner or Architect to solicit competitive bids. Duplication, advertising,distribution, receipt, award and other administrative tasks related to the bid packages are provided by others. 4. Meet with the Owner to review the audiovisual systems design documentation. 5. Generate one set of updates to the audiovisual systems design documentation, based on Owner feedback. Submit final bid specification package,to be released either as a stand-alone package or as an attachment to procurement administration documents, such as CSI Division 00/01 or a standard Terms&Conditions document, prepared by the Architect, Owner or others. 6. Provide a list of qualified audiovisual bidders, if needed. 7. Participate in one on-site pre-bid meeting with prospective bidders. 8. Provide answers to technical questions from bidders during the bidding process. 9. Review bid responses for compliance to design and specification. 10. Submit bid analysis and bid award recommendation. Construction Administration 1. Respond to relevant RFIs, Shop Drawings and other project submittals for compliance with design documentation, as related to our design scope and responsibilities. 2. Observe and report on the General, Electrical and Audiovisual Contractor's work-in-progress as related to our design scope and responsibilities. 3. Meet with the Audiovisual Contractor and Owner via web conference to review Shop Drawings submitted by the Audiovisual Contractor. Review functional capabilities and characteristics of the system for compliance with Owner requirements. 4. Meet with the Audiovisual Contractor and Owner via web conference to review Graphical User Interface designs and layouts for the Audiovisual Control System submitted by the Audiovisual Contractor. Review functional capabilities and characteristics of the system for compliance with Owner requirements. 5. Observe and report on the completed audiovisual systems and final documentation. Submit Punch List Report detailing results. 6. Complete record drawings and project close-out documentation based on as-built documentation submitted by the Audiovisual Contractor. Page 3 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION, NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. ©2018 The Sextant Group,Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services,S170282.00 REV3. SEXTANT January 4,2018 4 G R O U P PROCESS:STRUCTURED CABLING SYSTEMS Infrastructure Design, Systems Design and Bidding(SD/DD/CD) ATLANTABOSTON 1. Assist the Architect in the development of Telecommunication Room quantities, sizes and COLUMBUS locations based on building size, room layout,equipment layout, anticipated levels of DENVER connectivity and future expansion plans. LOS ANGELES 2. Submit to the Architect,for coordination with appropriate members of the Design Team, NEW YORK guidelines for the design of the Telecommunications Rooms, including the building's Entrance OMAHA Facility. Guidelines will include: lighting and electrical recommendations;floor,wall, and ceiling PHOENIX finishes; and criteria regarding cooling and humidity. Our input for these elements as related PITTSBURGH to structured cabling systems will be options to consider, not final designs or specifications. RALEIGH 3. Coordinate connectivity requirements with the Owner and Design Team, including all copper, WASHINGTON DG fiber,and wireless. Include network connectivity needs for specialty systems such as audiovisual, security, food service, point of sale systems, master clock, building automation and Intelligent Building Systems as needed. 4. Coordinate telecom services to the building with the Owner's designated service provider and the project's civil and electrical engineers. 5. Submit to the Architect, or contribute to the Revit model,for inclusion into the Construction Documents package, model elements and detail drawings illustrating the Structured Cabling System design. The drawing set will be comprised of floor plans, ceiling plans, telecommunication room enlarged plans, building riser diagrams, equipment rack elevations, select elevations and associated details as needed. Illustrated will be outlet locations and types,faceplates, conduit and junction box types, floor boxes, horizontal cabling requirements per outlet type, cable tray layouts and sizes,vertical pathways and backbone cabling, cable pathways, conduit destinations and sizes, power locations, architectural integration details and other information as needed to convey the design intent. 6. Submit to the Architect, for inclusion into the Project Specifications for the base building bid, CSI-format specifications for Structured Cabling Systems. Specifications are anticipated to include backbone cabling, horizontal cabling, outlets, racks and cable management, hangers and supports, raceways, grounding and bonding, identification methods, installation requirements,training,warranty,testing, and certification. Note:We anticipate the Structured Cabling Systems bidding documents will be included with the base building bid.All information will be of sufficient detail as to allow the Owner or Architect to solicit competitive bids. Duplication, advertising, distribution, receipt, award and other administrative tasks related to the bid packages are provided by others. 7. Provide answers to technical questions from bidders during the bidding process. 8. Review bid responses for compliance to design and specification. 9. Submit bid analysis and final vendor recommendation. Construction Administration 1. Respond to relevant RFIs, Shop Drawings and other project submittals for compliance with design documentation, as related to our design scope and responsibilities. 2. Observe and report on the General, Electrical and Structured Cabling Contractor's work-in- progress as related to our design scope and responsibilities. 3. Observe and report on the completed structured cabling systems and final documentation. Submit Punch List Report detailing results. 4. Complete record drawings and project close-out documentation based on as-built documentation submitted by the Structured Cabling Contractor. Page 4 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP, INC. ©2018 The Sextant Group, Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REV3. SEXTANT January 4,2018 G R O U P PROCESS:BUILDING SECURITY The state of Texas requires all firms offering security consulting services for projects located within ATLANTA Texas to be specifically licensed to do so.The Private Security Program regulates this under the BOSTON BOSTON authority of Texas Occupations Code, Chapter 1702 and the Private Security Board's Administrative COLUMBUS Rules. DENVER LOS ANGELES The Sextant Group is fully licensed and in full compliance with this law. As such,we are required to NEW YORK include the following information within this proposal: OMAHA Please direct any complaints relating to Texas Security License#B19348 PHOENIX for The Sextant Group, Inc.to: PITTSBURGH RALEIGH Texas Department of Public Safety WASHINGTON DC Regulatory Services Division PO Box 15999 Austin,TX 7.8761-5999 512-424-7293 www.txdps.state.tx.us/RSD/contact/default.aspx Planning and Programming 1. Review existing documentation submitted by the Owner describing current systems, standards, preferences and future plans. 2. Meet with the Owner and Architect via web conference to ascertain the functional, aesthetic, sustainability and budgetary requirements and aspirations of the building security. Review the principles of CPTED or Crime Prevention Through Environmental Design. 3. Submit a preliminary Building Security Program with optional security mitigation measures to consider and an Opinion of Probable Cost for the installed electronic security systems. Non- electronic elements will be presented as options to consider but not included in the Opinion of Probable Cost.The report is intended to be used as a decision-making tool for planning and budgeting purposes.The costs expressed are estimates for the equipment and labor necessary to achieve the planned functionality;the document does not identify specific component-level costs, manufacturers, makes or model numbers.The report will be submitted in PDF format intended to be used as a stand-alone document or as an attachment to other project documentation prepared by the Architect. 4. Meet with the Owner and Architect via web conference to review the Building Security Systems Program. 5. Submit a final Building Security Program based on information provided at the meeting.The final document, upon acceptance by the Owner,will be used as a guideline for planning and design efforts as the project progresses. Construction Administration 1. Observe and report on the completed building security systems and final documentation. Submit Punch List Report detailing results. OPTIONAL SERVICE:ACOUSTICS Design and Biddinq(DD/CD) 1. Submit to the Architect, for distribution to the Design Team, a report presenting initial acoustical considerations and guidelines. Included will be: + Acoustical finishes and room shaping to achieve the project's speech intelligibility criteria and aesthetic goals + Sound isolation solutions including wall,floor/ceiling, door, and window constructions to achieve the desired level of sound isolation, speech privacy and impact isolation Page 5 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. ©2018 The Sextant Group,Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REVS. SEXTANT January 4,2018 G R O U P + Envelope enhancements and options to control intrusive environmental noise entering the facility ATLANTA + Sketches of acoustical constructions and wall types BOSTON COLUMBUS + Preliminary guidelines for mechanical system noise/vibration control DENVER 2. Participate in a web conference with the Architect and/or Owner to discuss the proposed LOS ANGELES acoustical solutions. If necessary, provide one update of the acoustical report. NEW YORK OMAHA 3. Perform two reviews of the project's drawing package, in coordination with the Architect. PHOENIX Review the acoustical finish materials,specialty wall,floor/ceiling, door, and window PITTSBURGH constructions and mechanical system noise control/vibration control solutions. Perform an in- RALEIGH depth analysis of the building's acoustically critical spaces. Submit report or design notes as WASHINGTON DC needed. 4. Participate in web conference(s)with the Architect and/or Owner for the purpose of coordination and review. Submit report or design notes as needed. 5. Prepare an update to the project's acoustical report to document the project's final acoustical recommendations. Construction Administration 1. Respond to relevant RFIs, Shop Drawings and other project submittals for compliance with design documentation, as related to our design scope and responsibilities. AN11CIPATED MEETING SCHEDULE Phase Qty. Location Meeting Purpose SD/DD/CD 1 Site Technology Kick-Off,Owner Interviews SD/DD/CD 1 Webconference Technology Program follow-up w ith CoRR Tech Staff SD/DD/CD 1 Site Review Technology program and Opinion of Probable Cost SD/DD 1 CD 1 Webconference 50%DD Coordination SD/DD/CD 1 Webconference 90%DD Review SD/DD/CD 1 Webconference 50%CD Coordination SD/DD/CD 1 Webconference 90% FUSE Systems Review SD/DD/CD 1 Webconference 90%AV Infrastructure Review CA 1 Site 50%AV/MSE Infrastructure Review CA 1 Webconference AV Systems Design Kick-Off CA 1 Site AV Systems Pre-Bid CA 1 Site MSE Punch List CA 1 Webconference Review of AV Shop Drawings with AV Contractor&Ow ner CA 1 Site AV Systems Punch List CA 12 Webconference Coordination/Continegency TOTAL: 26 Page 6 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP, INC. ©2018 The Sextant Group,Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REVS. SEXTANT January 4,2018 PROM G R O U P SCOPE OF WORK ASSUMPTIONS This scope of work is based on the following assumptions: ATLANTABOSTON a) We will adhere to the Owner standards and preferences as applicable. COLUMBUS b) SCHEDULE AND BUDGET: DENVER Los ANGELES + We expect to receive relevant Revit models a minimum of ten working days prior to the NEW YORK due date of our initial deliverable and three working days prior to due dates of subsequent OMAHA deliverables. Our infrastructure drawings will be submitted for incorporation into the final PHOENIX Construction Document set by the Architect or others. PITTSBURGH + Our Construction Administration services assume that construction will not be phased, RALEIGH with a single opening date planned. Parking Garage alternates do not affect our fee WASHINGTON DC proposal. + We anticipate the Structured Cabling Systems will bid with the base building and the Audiovisual Systems will bid separately during construction. + In the.event that the project is placed on hold for a period longer than six months we may request a remobilization fee upon the restart of the project. + Unless otherwise stated, our engagement concludes ten working days after issuance of our project close-out report(s). c) REVIT DELIVERABLES: + We anticipate delivering official drawing submissions a total of five occasions.These are anticipated to be 50% DD, 100%DD, 50%CD, 90%CD, and 100%CD,or similar milestones as determined by the Architect.These will be delivered in PDF format. In addition,we anticipate updating the Revit model every two weeks during the Construction Document phase for team coordination purposes. + Use of a cloud-based Revit collaboration tool(e.g., BIM 360 Team/Collaboration for Revit or"C4R")is not included but is available for an additional fee;fee will be determined by the project team requirements. + Our Revit families are developed to a level of LOD 200,with select items to LOD 300, as defined in AIA E202 but are not of render quality. Expected contributions to the technology infrastructure drawings are items such as floor penetrations,floor boxes,technology junction boxes,security cameras, access card readers, emergency phones, conduits 2" diameter or larger,cable trays and baskets. Coordination of these infrastructure elements with technology components are shown in detail drawings and elevations where relevant. + For the purposes of coordination with other trades and to facilitate clash detection by the Architect, our Revit contributions will also include architecturally significant elements such as projectors, optical beam paths, projector lifts, flat panel displays, lecterns or presenter workstations, video camera sightlines and locations, large loudspeaker arrays, and equipment racks as needed. + Items not illustrated in the Revit model include conduit below 2"diameter, mounting hardware, bracing, fire-stopping, cabling and other items that do not influence the architecture or other Design Team contributions. These items may be illustrated in detail drawings and elevations or addressed in the specifications as needed. + Select elements may be represented in the Revit model during design to facilitate coordination with the Design Team but removed from the final construction documents to help clarify the scope of specialty technology contractors. d) IT/STRUCTURED CABLING: + Structured cabling system design responsibility ends at approximately 10'from the perimeter of the building. Extending the scope of work to include telecommunications Page 7 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. ©2018 The Sextant Group,Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REV3. SEXTANT January 4,2018 4 Pal G R O U P connections beyond this point is considered to be"Outside Plant"and is available as an additional or optional service. ATLANTA + The Owner or others will specify the active network electronics,such as voice/data routers BOSTON and switches, PCs,servers, printers, copiers,Wi-Fi®antennae and management COLUMBUS software,telephone system and telephone handsets. This is available as an optional DENVER service. LOS ANGELES + We assume that cellular carrier reception in the building will be adequate to support first NEW YORKOMAHA responder radios, cellular phones, pagers and other mobile telephony applications. A PHOENIX Distributed Antenna System is excluded. PITTSBURGH e) BUILDING SECURITY: RALEIGH + Building Security planning services include systems such as access control, intrusion WASHINGTON Dc detection,emergency telephones and video surveillance.This is anticipated to be an extension of an existing vendor relationship,with no dedicated monitoring/control room in the project. + Specification of Doors and Door Hardware is excluded. f) OPTIONAL:ACOUSTICS DESIGN AND CONSULTATION: + We assume the site is free from troublesome noise sources(such as railways, airports, major roadways and so on)and the project is not beholden to specific environmental noise criteria.Thus, acoustic measurement of existing noise levels on the site and analysis of environmental noise emitted by this project are excluded. + The acoustical design process does not result in the development of specifications or official contract documents;design information and acoustical considerations are provided in reports for incorporation by the Architect or other design disciplines. + The standard acoustical design approach will seek to achieve levels of vibration that are typically acceptable for occupant comfort, referencing Chapter 48"Sound and Vibration Control"of the ASHRAE 2015 Applications Handbook. In depth vibration analysis and design for specialty vibration levels below 8,000 pin/sec or for sensitive applications and equipment(such as an MRI or microscopes beyond 40X)are excluded. g) If required, infrastructure drawings will be electronically stamped by a Registered Communications Distribution Designer(RCDD); audiovisual drawings will be stamped by a Certified Technology Specialist—Design (CTS-D). Each designation represents the highest level.of certification available in the respective field. Additional stamping of documents or drawings, if required,will need to be provided by the Architect, Project Engineer or others. h) Principal oversight,project management,travel, and certain modeling/drafting activities listed in our scope of work will encompass all of our proposed disciplines.Acceptance of a subset of the proposed disciplines, rather than all proposed disciplines, may result in additional fees due to lost efficiencies associated with those tasks. This adjustment should be determined prior to finalizing an agreement. i) All deliverables will be submitted electronically. Our drawings, specifications, reports and other submittals are considered to be"Instruments of Service"as defined by the AIA(American Institute of Architects)contractual documents for use solely and exclusively for this project. j) All technology bid packages will be of sufficient detail to allow competitive bidding from specialty contractors. The Owner or others will.duplicate, distribute, award and otherwise administer all bids. k) During Construction Administration,we anticipate no more than two reviews per submittal type of Shop Drawings, product data, cut sheet packages, DSP signal flows, control system surfaces,test results and other documentation as submitted by the various Contractors. 1) Our reports, program documents and audiovisual equipment specifications will be submitted in PDF format intended to be used as stand-alone documents or as attachments/appendices to documents prepared by the Architect, Owner or others. Specifications for structured cabling, Page 8 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. ©2018 The Sextant Group, Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REVS. SEXTANT January 4,2018 P"Na G R U U P security, lighting and audiovisual infrastructure items will be submitted in MS Word format adhering to the CSI MasterFormat standard,for inclusion into a larger body of specifications by ATLANTA others. BOSTON m) Substantial redesign due to value engineering or significant changes in the project budget, COLUMBUS schedule or program after the Design Development phase may result in a negotiated additional DENVER fee. LOS ANGELES n) The following services are excluded from our base scope of work. Many of these design NEW YORK elements are available as additional services. OMAHA PHOENIX + Related to our Audiovisual Systems scope of work: Sound Masking, IPTV/TV PITTSBURGH Reception/Distribution head-end,Audiovisual Control System Software Development RALEIGH + Related to our Acoustics scope of work: 3D Acoustical Modeling, Specialty Vibration WASHINGTON DC Control, Structural and Ground-Borne Vibration Reduction, Environmental Noise Control, Noise Ordinance Compliance, Construction Noise Control, Electronic Variable Acoustic Systems, product specifications + Related to our IT/Structured Cabling scope of work:Telecom Outside Plant, Voice/Data System electronics, Data Center design, Distributed Antenna System, Telecommunications Transition plan, Specialty Networks not on the building LAN + Related to our Building Security Systems scope of work:dedicated/staffed security monitoring center or room, Doors/Door Hardware,Area of Refuge + Library-specific technologies such as Automatic Retrieval/Automatic Storage systems, RFID book/asset"checkout"systems, digitization stations, specialized databases, library administrative software and so on + General: Technical Millwork construction details, creation of full"cut-sheet"packages, processing of vendor payment applications, code compliance, demolition plans, PE/AIA stamping, LEED certification information, post-occupancy services o) If additional services are required,we will offer those services under a separate fixed fee proposal, or on a time and materials basis, based on rates current at the time of the assignment. p) We reserve the right to withdraw this proposal after 90 days. Page 9 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP, INC. ©2018 The Sextant Group, Inc. City of Round Rock Public Library THE Proposal for Technology and Acoustical Consulting Services.S170282.00 REVS. SEXTANT January 4,2018 PON G R O U P TES Structured ATLANTA Audiovisual Building Fee Estimated Fee+ BOSTON Systems Cabling SecurityTotals Package EVenses Expenses COLUMBUS Schematic DENVER Design $8,300 $4,000 $3,200 $95,500 $3,000 $98,500 LOS ANGELES Design NEW YORK Developm ent $13,850 $6,650 $20,500 $20,500 OMAHA PHOENIX Construction Documents $19,350 $9,300 $28,650 $50 $28,700 PITTSBURGH Construction RALEIGH $13,850 $6,650 Administration $20,500 $7,100 $27,600 WASHINGTON DC Fee $55,350 $26,600 $3,200 Totals Totals $85,150 $10,150 $95,300 OPTION: Acoustics $ 15,000 Additional site visits will be billed at$2,200 per man/day including expenses. Payment terms are Net 30 days or per terms of the prime agreement. Reimbursable expenses are included in the fees proposed. If this is acceptable, please have an officer of the firm sign and date this proposal or submit an AIA contract or similar contract instrument with this document as an attachment. Please address contracts to: Mr. Patrick M. Padovan, Vice President The Sextant Group, Inc. 700 Waterfront Drive, Suite 200 Pittsburgh, PA 15222 ppadovan(a)-TheSextantGroup.com/412.323.8580 x111 If you wish to discuss this further, please contact me at 480.831.8580 x250 or mvalenti cr-TheSextantGroup.com. Thank you for your consideration, Jeff.We look forward to a highly successful project together. Sincerely, Accepted by: THE SEXTANT GROUP,INC. Mark S.Valenti CTS President&CEO Print name Date STATEMENT OF IMPARTIALITY:The Sextant Group is an independent consulting firm and as such does not derive revenue from any representation,manufacture,sale or installation of any product,and has no ongoing affiliation with any entity that sells or installs. Audiovisual,Structured Cabling,IT,Telecom,Security,Lighting or Acoustical products,or related systems or services. Page 10 of 10 PROPRIETARY AND CONFIDENTIAL INFORMATION. NOT TO BE SHARED WITHOUT PERMISSION OF THE SEXTANT GROUP,INC. O 2018 The Sextant Group,Inc. aguirre project resources LLC ochievingproject results... 2955 Wood Lake Trail, Grand Prairie, TX 75054-5532 214-552-5172 December 19, 2017 Mr. Jeff Bulla PGAL 3030 Lyndon B Johnson Fwy, Ste 1220 Dallas, TX, 75234 Subject: City of Round Rock, Texas Public Library Cost Estimating Services Proposal Rev. 02 Dear Jeff, Aguirre Project Resources LLC (APR) is pleased to submit to PGAL our proposal to provide independent cost estimating services relating to the Round Rock Public Library (RRPL) project. SCOPE OF WORK Provide Independent Cost Estimates (ICE) congruent with the level of design and information provided to us, in general the Schematic Design (SD), Design Development (DD), and Construction Documents (CD) plans and specifications for the RRPL. Project scope basis is per your email dated 10-16-2017'with attachments four (4) attachments. Inclusions: • CIP or Precast garage • Utilization of Revit files • Detailed line item Bid Schedule Exclusions: • Reconciliation of APR estimate with other estimates • Value Engineering • Multiple design scenarios or options, not specified in SOW • Site visits • FF&E estimates • HAZMAT estimates 1 APR Proposal SCHEDULE Upon PGAL providing APR with Task Order authorization and design documents, the work will be executed in accordance with the client's schedule of a period no more than one (1) week. FEES APR proposes a lump sum form-of agreement for all labor and materials to prepare the work product per the scope Design Phase Fee Schematic Design $ 8,850 Design Development $ 12,390 Construction Documents* $ 13,275 Total $ 34,515 Includes Bid Schedule Rates for additional work are $129/hr. PAYMENT TERMS Within 5 days of receiving payment from client but no longer than 90 days following invoice date. On behalf of APR I am pleased to provide.you with this Proposal. Please feel free to contact me if you need additional information. I may be reached at 214-552-5172 or charles.a(a�apr3d.com. Sincerely, aguirre project resources r Charles A. A ' re, Managing Member Z 10/20/2017 VIA E-Mail November 29,2017 Mr.Jeff Bulla PGAL Architects 3030 Lyndon B Johnson Fwy,#1220 Dallas,TX 75234 P:214.647.6436 Re: Round Rock Library Commissioning Services Dear Mr.Bulla, WSP USA Buildings Inc.(WSP) is pleased to submit this proposal to provide professional commissioning services as they relate to the Round Rock Library to be located in Round Rock,Texas. Having worked on commissioning projects throughout the Unites States and the state of Texas,we look forward to continuing the personal commitment of our Commissioning team in making the Round Rock Library a success for all project team members.We are confident and enthusiastic about the venture and feel certain we have the knowledge,experience and proficiency to deliver quality services that will meet your expectations. 1.0 Project Description: 1.1 Our understanding of the project and the basis of this proposal is: A. Seeking professional commissioning services as they pertain to the requirements of the energy code requirements of the IECC 2015. • 5 story mid-rise building 2 story parking garage with approximately 300 parking spaces 3 story building with approximately 20,000 sq.ft.(per level),60,000 gross sq.ft.(total) The building design seeks to take advantage of rooftop views,Parks& Recreation trails and be flexible in functionality to support library programming needs. The project will be accessible for citizens of all ages with an emphasis on senior citizens,students,and parents with children. 2.0 Scope of Work:IECC 2015 MEP Commissioning(Cx)Services WSP will provide the following commissioning services in compliance with the fundamental WSP USA requirements of IECC 2015: 1601 S MoPac Expwy Suite 325 2.1 Design Phase: Austin,TX 78746 A. Develop project specific Commissioning Specifications. Tel.:+1737 703-3900 Fax:+1737 703-3910 wsp.com B. Develop and document a Commissioning Plan specific to the project during the Design Phase which will include: 1. Providing a detailed description of the responsibilities of all parties during Design Phase with respect to Commissioning. 2. Providing documentation requirements for Commissioning, including formats. 3. Ensuring that the following are incorporated into construction documents: a. Sample construction checklists and start up requirements. b. Sample functional test requirements,including testing conditions and acceptance criteria for each piece of equipment being commissioned. 4. Providing alerts to CM/Design Team related to any coordination issues during Design Phase 5. Scope Description of the Testing Requirements 6. A narrative description of the activities that will be accomplished during each phase of commissioning,including the personnel intended to accomplish each of the activities. 7. Ensuring deficiency resolution during Design Phase. 2.2 Commissioning Kick Off: A. Organize and conduct a Cx Kick Off meeting to answer commissioning related questions and coordinate activities. 2.3. Construction Phase: A. Perform the tasks and functions as outlined in the Cx specifications. B. Review the preparation of the O&M manual for commissioned equipment. Verify that the manuals provide the future operating staff with the information required to understand and optimally operate the commissioned system. C. Coordinate and direct the commissioning activities in a logical,sequential and efficient manner using consistent protocols and forms. WSP will apply centralized documentation,clear and regular communications and consultations with all necessary parties,frequently updated timelines and schedules.WSP will plan and conduct commissioning meetings as needed (as determined by Commissioning Agent)and distribute minutes. D. Coordinate the commissioning work with the contractor and/or construction manager(CM) Provide input for the creation of a detailed test schedule of commissioning activities to be incorporated into the master schedule by the general contractor(GC). E. Write and distribute construction pre-functional checklists for commissioned equipment. Ensure that the construction pre-functional checklists for commissioned equipment are available to relevant sub-contractor for their use. Review the contractor's completed start-up plan,and provide recommendations to the owner to enhance start-up and initial systems checkout plan for selected equipment. F. Perform up to(3)three site visits,as necessary to observe component and system installations. Attend selected planning and job-site meetings(via conference calls)to obtain information on construction progress. Review construction Page 2 of 14 meeting minutes for revisions/substitutions relating to the commissioning process. Assist in resolving any discrepancies. G. Confirm contractor's performance of air and water systems testing and balancing (TAB)operations by reviewing completed reports and by performing selected site observations. H. Confirm construction pre-functional checklist completion by reviewing completed construction checklists and by performing selected site observations. The performance of the required tasks and the documentation of the line items listed on these checklists is the sole responsibility of the contractor(s). I. With necessary assistance and review from installing contractors,WSP will create the functional performance test procedures(FPT)for equipment and systems. This will include manual functional testing,energy management control system trending and may include stand-alone data-logger monitoring.These FPT procedures will be submitted to the CM/owner for review and approval (as req u i red). J. WSP will coordinate,witness and document the manual functional performance tests performed by installing contractors.The functional testing shall include the observed operation of the system and components through each of the written sequences of operation.FPTs will also include observation of other significant modes and sequences,including equipment startup,shutdown,unoccupied mode,manual mode,staging, miscellaneous alarms, power failure and interlocks with other systems or equipment. Full functionality of the equipment and associated controls(including control device calibration)shall be confirmed and documented by the installing contractor(s) prior to the commencement of FPT. The associated control devices shall be spot-checked by the commissioning agent during functional testing with the assistance of the contractors commissioning team. K. Maintain a master issues log and a separate record of functional testing. Report .all issues as they occur directly to the owner.Provide written progress reports and test results with recommended actions directly to the owner. L. Deliverables:Compile a Commissioning Record,which shall include: 1. A summary report that includes a list of participants and roles,brief building description,overview of commissioning and testing scope,and a general description of testing and verification methods. For each piece of commissioned equipment,the report will contain the disposition of the commissioning agent regarding the adequacy of the equipment, documentation and training meeting the contract documents in the following areas: a. Equipment meeting the equipment specifications b. Equipment installation C. Functional performance and efficiency d. Equipment documentation 2. All outstanding non-compliance items shall be specifically listed. Recommendations for improvement to equipment or operations,future actions,commissioning process changes,etc.shall also be listed. Each non- compliance issue shall be referenced to the specific functional test, inspection,trend log,etc.where the deficiency is documented. 2.4 Acceptance Phase: A. O&M Systems Manual for commissioned equipment. Verify that the manuals provide future operating staff the information needed to understand,optimally operate and maintain the commissioned system and will include all the following: Page 3 of 14 1. Submittal data stating equipment size and selected options for each piece of equipment requiring maintenance. 2. Manufacturer's operation manuals and maintenance manuals for each piece of equipment requiring maintenance,except equipment not furnished as part of the project. Required routine maintenance actions will be clearly identified. 3. HVAC and service hot water controls system maintenance and calibration information,including wiring diagrams,schematics and control sequence descriptions.Desired or field determined set points will be permanently recorded on control drawings at control devices or,for digital control systems,in system programming instructions. 4. Submittal data indicating all selected options for each piece of lighting equipment and lighting controls. 5. Operation and maintenance manuals for each piece of lighting equipment. Required routine maintenance actions,cleaning and recommended re- lamping will be clearly identified. 6. A schedule for inspecting and recalibrating all lighting controls. 7. A narrative of how each system is intended to operate,including recommended set points. 3.0 Option#1 Scope of Work:Enhanced Commissioning Services 3.1 Design Phase: A. Review&assist with the Owner's Project Requirements(OPR)document.The Owner's Project Requirements are utilized throughout the Commissioning Process to provide focus on the key success criteria. These requirements typically address HVAC, lighting,indoor environment,energy efficiency,water and environmental responsiveness of the facility,as well as staff training expectations. B. Review the design team's Basis of Design (BOD)documents.The basis of design includes how each of the Owner's Project Requirements has been met and identifies the primary design assumptions such as occupancy space and process requirements,applicable codes,policies and standards;and load and climatic assumptions that influence design decisions. C. Review the 50%design documents for compliance with the OPR and BOD and back-check the review comments in the 90%construction document submission. 3.2 Construction Phase: A. Review Contractor submittals applicable to systems being commissioned for compliance with commissioning needs and project requirements,concurrent with the A/E reviews and design intent. B. Assist the owner in the development of a training program that will facilitate verification that the requirements for training operating personnel and building occupants are complete. 3.3 Acceptance Phase: A. Verify that the requirements for training operating personnel and building occupants are completed and documented in the Commissioning Report. Page 4 of 14 B. Provide re-commissioning services through the warranty phase.Review the building operation ten-(10) months after substantial completion with the O&M staff.Facilitate a warranty period meeting with contractors and facility staff to address unresolved construction and operational deficiencies associated with commissioned systems as well as deficiencies identified in the post occupancy review.We will assist the O&M staff in developing a plan for resolving outstanding issues. C. Coordinate and supervise required opposite season or deferred testing and deficiency corrections and provide the final testing documentation for the Commissioning Record and O&M manuals. This may be reported later as an addendum to construction phase commissioning report. 4.0 Option#2 Scope of Work:Base Envelope Commissioning(ECx)Services 4.1 Construction Phase: A. Complete up to eight(8)site visits to observe the building enclosure construction.After each site visit WSP will provide a field report with photograph documentation to illustrate our finding and an issues log for tracking deficiencies. B. The building enclosure performance will be reviewed during the site visits and the following systems will be evaluated. 1. The roofing system 2. Fenestration system 3. Vertical wall system 4. Below grade wall system 5. Sealant C. Two(2)of the site visits can be utilized to observe functional performance testing,completed by others,such as water and air infiltration testing. 5.0 Option#3 Scope of Work:Enhanced ECx Services 5.1 Design Phase: A. Review&assist with the Owner's Project Requirements(OPR)document.The Owner's Project Requirements are utilized throughout the Commissioning Process to provide focus on the key building envelope success criteria. B. Review the design team's Basis of Design (BOD)documents and cross check with the OPR provisions.The BOD includes how each of the Owner's Project Requirements has been met and identifies the primary design assumptions such as occupancy space and process requirements,applicable codes, policies and standards. C. Review the 50%design documents for compliance with the OPR and BOD and back-check the review comments in the 906/o construction document submission. 5.2 Construction Phase: C. Review Contractor submittals applicable to systems being commissioned for compliance with commissioning needs and project requirements,concurrent with the A/E reviews and design intent. Page 5 of 14 6.0 HVAC Systems to be commissioned: The following systems and assemblies will be commissioned based on the documents provided at time of bid. Changes to equipment quantities after proposal acceptance will be reevaluated for impact to project scope: Air-handling units • Terminal units,including fan-coil units and VAV boxes • Ventilation and exhaust systems HVAC controls • Lighting and daylighting controls • Electrical service and distribution • Domestic hot water.systems,pumps,and controls Typical Equipment/Systems to be tested Percent Tested Mechanical Systems HVAC System Sequence of Operation 1 Lot Air Handling Units 100% VAV Terminal Units 20% Fan Coil Units 20% DX Split Systems 20% Electric Unit Heaters 20% Exhaust Fans(EF) 20% Electrical Systems Percent Tested Lighting Controls-1 Lot 1-Lot Main Distribution Panels 20% Plumbing Systems Percent Tested Domestic HW Pumping System 100% Water Heaters/Boilers with Storage 100% 7.0 Assumptions 5.1 Copies of current MEP and architectural design drawings will be provided to us for our use. This will include copies of any future addendums,plan changes,and responses to contractor request for information (RFI). 5.2 The Basis of Design and Owner Program Requirements documents,as developed by the owner and design team,will be provided to us for our use and reference. 5.3 HVAC systems shall be balanced by others in accordance with ASHRAE 111, "Testing,Adjusting,and Balancing of Building HVAC Systems"or other Page 6 of 14 accepted engineering standards as approved by the department. Air and water flow rates shall be measured and adjusted to deliver final flow rates within the tolerances provided in the product specifications.Test and balance activities shall include air system and hydronic system balancing. 5.4 The contractor has commissioning support in their scope of work and will be cooperative. 5.5 We will be provided with current construction schedules by the contractor. This includes timely notice of schedule changes and proposed testing dates. 5.6 The manufacturers of equipment or systems will start-up the system, including controls,and sign off that it is functioning properly prior to functional testing by WSP. 5.7 The MEP design team will be responsible for providing direction to the contractor for design related deficiencies identified through the commissioning process. 5.8 All travel expenses are reimbursable in accordance with the Standard Terms and Conditions of this Proposal. 8.0 Fees For the above services,we propose the following Fixed Fees: Refer to attached Appendix A for Building Enclosure Commissioning (ECx)scope of work and fees. MEP Cx SERVICES: IECC 2015 Commissioning Services..........................................................................................$23,350 ReimbursableExpenses.....................................................................................................................$500 Total Base MEP Cx Compensation............................................................................................$23,850 Optional Scope of Services in Addition to IECC 2015 MEP Cx: Option#1:Enhanced Commissioning.Services.....................................................................$6,550 OPTIONAL SCOPE OF SERVICES:ENVELOPE COMMISSIONING(ECX)SERVICES ................................................................................................................................................................................................ .................... Option#2:Fundamental ECx Commissioning Services..................................................$18,000 Option#3:Enhanced ECx Commissioning Services..........................................................$21,500 ReimbursableExpenses................................................................................................................$10,500 Page 7 of 14 7.0 Recommended Available Commissioning Services: 7.1 Optional Services r Additionally,the following services are available upon request however,they are not included in our basic scope of services fee: A. Building envelope commissioning 1. Refer to attached Appendix A for Building Enclosure Commissioning (ECx) scope of work and fees. B. Fire Alarm Commissioning C. Vertical conveying/Elevators Commissioning D. Security Systems Commissioning E. Provide re-commissioning services through the warranty phase. Review the building operation ten-(10) months after substantial completion with the O&M staff.Unresolved construction deficiencies associated with commissioned systems as well as deficiencies identified in the post occupancy review will be documented.We will assist the O&M staff in developing a plan for resolving outstanding issues. F. Coordinate and supervise required opposite season or deferred testing and deficiency corrections and provide the final testing documentation for the Commissioning Record and O&M manuals. This may be reported later as an addendum to construction phase commissioning report. G. Develop a continuous commissioning plan. H. Life cycle cost analyses I. Participation in utility rebate program(s) I Attendance at or preparing documents for public agency hearings and/or meetings K. Testing and inspection of structural or non-structural systems L. Energy Modeling Additional Services request will be billed as a fix fee as negotiated with the owner or per the below rates on an hourly basis. Classification Hourly Billing Rate Vice President $220 Senior Associate $165 CxA Associate $145 Cx Engineer $125 Cx Technical Specialist $110 Cx Project Deliver Support $65 Administration $45 Page 8 of 14 Services Authorized: Base Services Optional ❑ Item 1 Additional Services ❑ Option 1 ❑ Option 2 ❑ Option 3 A signed proposal and the attached Schedule of Terms and Conditions will be adequate for us to start the project,and will act as a formal contract. Thank you again for giving WSP the opportunity to submit this proposal for this project. We look forward to the chance of working with you and welcome the opportunity to meet with you and Very truly yours, WSP USA Buildings Inc. Shaun Grimm,PE Senior Vice President Agreed and Accepted on this day of 2017 By Signed Title Page 9 of 14 ROUND ROCK PUBLIC LIBRARY REIMBURSABLE EXPENSE ESTIMATE December 21,2017 Typical Reimbursables: Quantity Cost Estimate Extension Assumptions Printing for coordination,meetings,etc. 10,000 Bid documents issued electronically Courier Fees(Client/Various Consultants) 1,000 AIA Standard Documents 250 TDLR Plan Review Fee 1,255 TDLR Inspection Fee 1,055 Subtotal $13,560 No.of Trips IRS Std.Mileage Extension PGAL Dallas Staff Mileage 380 Mi @ 0.545 Discovery and Programming 6 207 1,243 Schematic Design 6 207 1,243 Design Development 6 207 1,243 Construction Documents 6 207 1,243 Construction Admin.(1 x montly for 18 months) 18 207 3,728 Punch List and Closeout Trips 4 207 828 Additional Trips as needed 5 207 1,036 Subtototal 51 $10,562 .M PGAL Dallas Overnight Travel Expenses* Item Cost Quantity Extension PGAL Dallas Round Rock Overnight Stay $200.00 10 $2,000.00 Assumes meetings start at 9:00 am or later Pertinent Library Projects Listening Tour $800.00 3 $2,400.00 Assumes flight,hotel and food Subtototal $4,400,00 Sub-Consultant Reimbursables Item Cost Quantity Extension 720 Design $20,000.00 720 Design Pertinent Library Projects Listening Tour $800.00 3 $2,400.00 Assumes flight,hotel and food Peal and Associates $0.00 RLG Consulting Engineers $2,750.00 Reed,Wells,Benson and Company $2,000.00 The Sextant Group $11,600.00 Coleman and Associates $4,000.00 will not include mileage Aguirre Project Resources $0.00 WSP USA Buildings Inc. $11,000.00 Subtototal $53,750.00 TOTAL ESTIMATE $82,272 Max Reimb=$85,000 Exhibit "B" SUPPLEMENTAL AGREEMENT NO. 1 CITY OF ROUND ROCK § STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS § This document is entitled Supplemental Agreement No. 1, and it supplements "City of Round Rock Agreement for Architectural Services for City of Round Rock Public Library Project with PGAL, Inc." for the following Project: Professional architectural services and design services related to the following: Construction of a new City of Round Rock Public Library consisting of an approximately sixty thousand (60,000) square foot building with a parking garage to accommodate approximately three hundred(300)vehicles. Professional services for this Project shall include, but not be limited to, Schematic Design, Design Development, Construction Documents, Bidding, and Construction Observation. Architect shall be the Architect of Record, and shall be in charge of coordination of consultants. This Supplemental Agreement No. 1 is made and entered into as of the same date of the Agreement it supplements, that being the 7 'n'rday of January, 2018, and likewise is by and between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal corporation of Williamson and Travis Counties, Texas (hereinafter referred to as "City" and/or "Owner") and PGAL, Inc., with offices located at 3030 LBJ Freeway, Suite 1220, Dallas, Texas 75234 (hereinafter referred to as "Architect"). WITNESSETH: WHEREAS, as is recited in the Agreement this document supplements, City intends to provide services for the design and construction of the Project. Architect's services are desired for purposes including but not limited to being architect of record, coordinating consultants, planning, civil, architectural, design, structural, mechanical/electrical/plumbing engineering services, confirming project program and space requirements, document production, bidding-related services, and construction observation services related to the Project; and WHEREAS, total compensation for Architect's services under this Agreement shall not exceed the following: $2,553,000.00, WHEREAS, payment for reimbursable expenses shall not exceed the maximum sum of $85,000.00 and is not included in the total compensation for services of$2,553,000.00; and WHEREAS,City may, at its sole discretion, request additional services not included in the scope of the Agreement in an amount not-to-exceed $100,000.00, which amount is not included in the total compensation for services of$2,553,000.00; and 00393199/ss2 WHEREAS, as is recited in the Agreement this document supplements, City desires to contract with Architect for the delineated professional services, and for the administration of the Construction Contract during construction of the Project, all as previously and hereinafter stipulated and within the limits the City has budgeted or will budget therefor; and WHEREAS, as is stipulated in the Agreement this document supplements, Architect has agreed to provide such professional services for the compensation delineated previously and herein; NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and conditions contained in the Agreement this document supplements and herein,hereby agree as follows: ARTICLE I SCOPE OF SERVICES AND COMPENSATION 1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship with the City, shall perform all professional services for the Project as set forth in the Agreement this document supplements and herein. 1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as recited in the Agreement this document supplements and herein. Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized by City Council Resolution or City Manager action, Architect's total compensation hereunder shall not exceed Two Million Five Hundred Fifty-Three Thousand and No/100 Dollars ($29553,000.00), not including a not-to-exceed amount of Eighty-Five Thousand and No/100 Dollars ($85,000.00) for approved Reimbursable Expenses. These amounts represent the absolute limit of City's liability to Architect under this Agreement, unless same shall be changed by additional Supplemental Agreement hereto. The times and further conditions of payment shall be as described in Article VI hereof. ARTICLE II ARCHITECT'S SERVICES 2.01 Basic Services. Architect's Basic Services consist generally of the phases described below, and include complete planning, civil, architectural, design, structural, mechanical/electrical/plumbing engineering services, project program and space requirements, document production, bidding-related services, and construction observation services, and such other services as may be necessary to assist the City in the design and construction of the Project, within the limits the City has budgeted or will budget therefor, and in compliance with the Project Facility Program, which is hereby made a part of this Agreement for all purposes. Architect agrees that upon execution of this Agreement, it will submit to City within ten (10) days a list of all additional consultants it intends to utilize, not previously identified in Architect's proposal, delineating their respective tasks. All of Architect's consultants shall be subject to the approval of the City through its City Manager, and City reserves the right to reject any consultant. Architect shall perform all work hereunder in a manner satisfactory and acceptable to the City, represented by its City Manager or his designee, hereinafter referred to as "Director." A Performance 2 Schedule in Microsoft Project or an alternative program approved by the City, shall be agreed upon by Architect and the City, and Architect agrees to use its best efforts to complete all services hereunder in accordance with such Performance Schedule. All services shall be performed to the highest professional standard. 2.02 Schematic Design Phase. Architect shall provide the following Schematic Design Phase Services: as delineated in the Agreement this document supplements. 2.03 Design Documents Phase. Architect shall provide the following Design Documents Phase Services: as delineated in the Agreement this document supplements and herein, and as follows: (1) Architect shall prepare Design Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work, said Design Documents to include adequate specifications for elements of the Project for consideration and approval by the City. One (1) digital copy each of said documents shall be submitted to City, each consisting of drawings and other documents to fix and describe the size, cross sections and character of the Project as to architectural, structural, mechanical and electrical systems, materials, and such other essentials as may be necessary and appropriate. Said documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. Said documents shall include outline specifications that identify major materials and systems and establish in general their quality levels. The Design Document Phase shall be completed within the agreed Performance Schedule. 2.04 Construction Documents Phase. Architect shall provide the following Construction Documents Phase Services: as delineated in the Agreement this document supplements and herein, and as follows: (1) Architect shall prepare from the approved Design Development Documents and updated budget for the Cost of the Work, for consideration of and approval by the City, Construction Documents, which documents shall set forth in detail the requirements of the entire Project, including the necessary bidding information prepared in such a way to allow City, if it so desires, to advertise for the award of one or more contracts for the construction and completion of the entire Project, or any phase thereof, and Architect shall assist City in preparation of the Bidding Forms, shall utilize without modification City's standard General and Supplementary General Conditions, and shall draft all Special Conditions of the Contract. City's standard form of Contract between City and the Contractor shall also be utilized, along with City's form of Bid Bond, Performance Bond and Payment Bond. Architect shall also compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. (2) Architect shall provide the City a digital copy of a complete set of proposed Construction Documents for review and official approval prior to the advertisement of bids for the construction of the Project, and within the agreed Performance Schedule following approval of the Design Documents. 3 (3) Architect shall be solely responsible for obtaining the prior approval of the Texas Department of Licensing and Regulation prior to submittal of all Construction Documents to City for approval. Any fees charged by the Department for this approval shall be paid by the City. 2.05 Bidding and/or Negotiation Phase. Architect shall provide the following Bidding/Negotiation Services: as delineated in the Agreement this document supplements and herein,and as follows: Following City's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, Architect shall assist City in awarding a construction contract following legal public bid requirements. Architect shall arrange for procuring the reproduction of Bidding Documents, distributing same to prospective bidders, and maintaining records. Owner shall be responsible for payment for the costs of reproduction of such documents, either directly or through reimbursement to Architect. During the bid process,Architect shall assist City as follows: (1) Jointly conducting pre-bid conferences, including on-site visits as required, to endeavor to assure that bidders understand the Construction Documents, the various on-site conditions, and the coordination and scheduling requirements. (2) Preparing responses to questions from prospective bidders, and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the required form of addenda to Contract Documents. (3) Assisting in the opening of bids, tabulation and evaluation of bids received, and advising on award of the contract. (4) Jointly conducting pre-award conferences where necessary. Architect's assistance to City shall include submitting written reviews and recommendations for awards based upon the acceptability of bids; and, if required by City, more detailed analyses of specific bids. Reviews shall also consider the responsiveness of bids and their conformity with Bid Documents. 2.06 Construction Observation Phase. Architect shall provide the following Construction Observation Phase Services: as delineated in the Agreement this document supplements and herein, and as follows: The Construction Phase will commence with the award of the first Construction Contract and will terminate following the final one-year warranty inspection of the completed Project, correction of all defects in Project materials and workmanship, and resolution of all Project-related claims and disputes. During the Construction Phase,Architect shall provide the following services: (1) Architect shall provide administration of the Construction Contract as set forth in the Construction Documents, specifically the General and Supplementary General Conditions. Architect's assigned authority thereunder will not be substantially modified without Architect's written consent. (2) Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents will be in a form prepared or approved by 4 Architect and will include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. (3) If deemed appropriate by Architect, Architect will on Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. (4) Interpretations and decisions of Architect will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. When snaking such interpretations and initial decisions, Architect will endeavor to secure faithful performance by both Owner and the Contractor,will not show partiality to either, and will not be liable for the results of interpretations or decisions so rendered in good faith. (5) Architect shall render initial decisions on claims, disputes or other matters in question between Owner and the Contractor as provided in the Contract Documents. However, Architect's decisions on matters relating to aesthetic effect will be final only if consistent with the intent expressed in the Contract Documents. (6) Architect shall report to Owner all known and substantial deviations from the Contract Documents and most recent construction schedule submitted by the Contractor. However, Architect will not be responsible for the Contractor's failure to perform work in accordance with requirements of the Contract Documents. Architect will be responsible for Architect's acts or omissions, but will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the work. (7) Architect will at all times have access to the work wherever it is in preparation or in progress. (8) Owner will endeavor to communicate with the Contractor through Architect about matters arising out of or relating to the Contract Documents. Communications by and with Architect's subconsultants will be through Architect. (9) Architect, as a representative of City, shall advise and consult with Director and will keep City informed in writing through him of the progress of the Project, including percent complete on a monthly basis, during the Construction Phase; and after issuance of the "work order"to proceed with the work, all of City's instructions to its Contractors will be issued through Architect. Architect will have authority to act on behalf of Owner only to the extent provided in this Agreement unless otherwise properly modified by written amendment. (10) Architect shall provide, during construction, adequate and competent on-site construction observation,periodically visiting the site to the extent necessary to personally familiarize itself with the progress and quality of the work, and to determine if the work is proceeding in substantial accordance with the Contract Documents. Architect's site observations may be conducted with Owner's designated representative to check 5 conformance of the work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected. Field Reports of each visit shall be prepared by Architect and submitted to City. Architect shall employ reasonable measures to safeguard City against defects and deficiencies in the work of the Contractor. Architect shall not be responsible for the construction means, methods, techniques, sequences of procedures, nor for the safety precautions and programs employed in connection with the work. However, Architect will immediately inform Director whenever defects and deficiencies in the work are observed, or when any observed actions or omissions are undertaken by the Contractor which are not in the best interests of City and the Project. (11) Based on such observations at the site and on the Contractor's Application and Certificate for Payment, Architect shall determine, monthly, the amount owing to the Contractor and shall certify and forward the Contractor's Application and Certificate for Payment to Director for approval and payment. These certifications shall constitute a representation by Architect to City, based on observations at the site and other data comprising the application for payment, that the work has progressed to the point indicated; that to the best of Architect's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the work as a functioning whole upon substantial completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to Project completion, and to any specific qualifications stated in the Certificate); and that the Contractor is entitled to payment in the amount certified. (12) Architect shall have authority to reject work which does not conform to the Contract Documents. Whenever Architect considers it necessary or advisable, Architect will have authority to require inspection or testing of the work in accordance with the provisions of the Contract Documents, whether or not such work is fabricated, installed or completed. However, neither this authority of Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the work. (13) Architect shall make recommendations on all claims and disputes of City or the Contractor relating to the execution and progress of the work or the interpretation of the Contract Documents, based upon such review and analysis by Architect as may reasonably be required. In the event of litigation, where Architect is named as an additional party with the City, such assistance will include the availability of knowledgeable witnesses in the employ of Architect for expert testimony. (14) Architect shall use its best efforts to promptly review and approve or reject shop drawings, product data and samples and other submissions of the Contractor for conformance only with the design concept of the Project and with the information given in the Contract Documents. Architect shall establish and implement precise procedures, to be approved by City's Director, for expediting the processing and approval of these submissions without delay. Prompt review by Architect of submissions is of prime importance to City and an absolute necessity under the time constraints of the Project. 6 (15) Architect shall prepare Change Orders and/or Construction Change Directives to the construction contract, in six (6) copies, after review and approval by City. Each Change Order shall be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. Architect's compensation for preparation of Change Orders, if any, shall be determined by Section 2.09(1)below. (16) Architect shall conduct inspections to determine the dates of substantial completion and final completion, shall receive written guarantees and related documents assembled by Contractor for submittal with the final Certificate of Payment, and shall prepare and present final Certificate for Payment to Director for City's approval and payment. In addition, Architect shall make inspection of the Project at least thirty(30) days before the expiration of the one(1)year warranty contained in the Contractor's Perfonnance Bond. (17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor and major Subcontractors. Minutes of same shall be prepared by Architect with copies submitted to City's Director. (18) Architect shall have authority to order minor changes in the construction work, consistent with the Contract Documents, and not involving an adjustment in the Contractor's bid price or an extension of the Project Schedule. Such changes shall be accomplished by Field Order. In addition, Architect may issue written Field Orders which interpret the Plans and Specifications, with copies submitted to City's Director. (19) Architect shall 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. (20) Architect shall obtain from the Contractor and forward to Owner the following: (1) consent of surety or sureties, if any, of reduction in or partial release of retainage or the making of final payment; and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying Owner against liens. 2.07 Warranty Phase. Architect shall assist Owner in scheduling corrections to be made by the Contractor during the warranty period. During the eleventh month following completion of the prime general contract, Architect will arrange for a warranty inspection tour of the entire Project by authorized representatives of City, the Subconsultants and of each prime contractor engaged on the Project. Architect shall then prepare a list of work which needs to be done by each prime contractor to satisfy that prime contractor's warranty obligations to City. For any non-warranty involvement of Architect, payments shall be made based upon the Hourly Rate Schedule contained in this Agreement. 2.08 Project Representation Beyond Basic Services. In the event that circumstances should develop whereby continuous, full-time representation at the Project site is required, the conditions under which such representation shall be furnished and the Project Representatives selected, employed and directed 7 shall be governed by an additional written Supplemental Agreement between City and Architect. 2.09 Additional Services. Architect shall perform Additional Services, as requested by City, after a not-to-exceed amount has been mutually agreed upon in writing by Director and Architect. Architect shall not proceed until the appropriate Resolution or directive for such Additional Services has been delivered from the City Council or City Manager if the Additional Services are in excess of One Hundred Thousand Dollars and No/100 ($100,000.00). The following services are not covered under Article II, which defines and outlines Architect's Basic Services. If any of these Additional Services are authorized in writing by Director in advance of their 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. If changes are required to be made because of error, oversight, clarification, discrepancy, or budget overruns in the work of Architect, City shall not be liable to compensate Architect for Additional Services or expenses in such connection. (2) Providing consultation concerning replacement of any Project work damaged by fire or other cause during construction, and furnishing professional services as may be required in connection with the replacement of such work, unless damage was the result of Architect's error. (3) Providing other extraordinary professional services over and above the contract requirements, where required and requested by City, including extraordinary professional services which might result if the City decides to"fast-track"the Project. (4) Providing construction phase services more than twelve (12) months after the start of construction of the Contractor's Notice to Proceed,whichever occurs first. (5) Performing more than two (2) reviews of each shop drawing, product data item, sample or similar submittal from the Contractor. (6) Providing more than twenty-four (24) site visits/construction meetings over the duration of the Project. (7) Providing more than two (2) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. (8) Providing more than one (1) inspection for any portion of the Work to determine Final Completion. ARTICLE III CITY'S RESPONSIBILITIES 3.01 Full information. City shall provide full information regarding requirements for the Project. 3.02 Designate representatives. City shall designate, when necessary, representatives authorized to act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining 8 thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work. 3.03 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil mechanics, and other laboratory tests, reports and inspections as required by law or the Contract Documents. 3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other trade permits will be the responsibility of the 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 Proj ect. 3.05 Fees. City shall pay for fees required for Architect's submittal and approval of documents as set forth in the Agreement this document supplements. 3.06 Miscellaneous items. City will also provide Architect with City of Round Rock General and Supplementary General Conditions for Building Construction, Instructions to Bidders, Proposal Forms, Wage Rates, Contract and Bond Forms, Bid Advertisement Form, and such other information and materials as may be necessary and practicable for the orderly and expeditious process of the work and the awarding of the Construction Contract. To the extent practicable, these documents shall be utilized in the preparation of the Construction Documents. ARTICLE IV FIXED LIMIT OF TOTAL BUDGETED CONSTRUCTION COST 4.01 Budgeted Construction Costs. The fixed limit of total Budgeted Construction Cost for this Project has not been fully ascertained as of the date of making of these Contract Documents. Architect, in consultation with City, shall determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, and will make reasonable adjustments in the scope of the Project to bring it within the limits when fixed. With City approval, Architect may also include in the Contract Documents alternate bids to adjust the construction cost to the fixed limit. If the lowest responsible bid is within the fixed limit of total Budgeted Construction Cost for the Project is still less than the fixed limit of total Budgeted Construction Cost for the Project, City shall pay Architect fees for Basic Services in accordance with this Agreement. 4.02 Procedures if Bid(s) Exceed Budgeted Construction Costs. If the lowest responsible bid exceeds its portion of the fixed limit of total Budgeted Construction Cost for the Project, City at its option may either (1) give written approval of an increase in such fixed limit, with no obligation to increase Architect's fee, or (2) authorize rebidding within a reasonable time, or (3) cooperate in revising the Project scope and quality as required to reduce the Probable Construction Cost. In the case of(3), if the lowest responsible bid exceeds the Budgeted Construction Cost by more than ten (10%), Architect, without additional charge, shall immediately modify the Drawings and Specifications as necessary to bring the Project cost within the budgeted fixed limit, or within any higher fixed limit subsequently authorized by City. Providing this service shall be the limit of Architect's responsibility in this regard, and having done so, Architect shall be entitled to his fees in accordance with this Agreement. If the lowest responsible bid is within ten percent(10%) of the Budgeted Construction Cost, the Architect shall, upon the City's request and as an Additional Service, make revisions to Drawings and Specifications to reduce the Probable Construction Cost. However, when the excess is due to changes initiated by Architect in scope, basic systems or the kinds and quality of materials, finishes or equipment, Architect shall make revisions at no additional cost to City. 9 ARTICLE V REIMBURSABLE EXPENSES 5.01 Reimbursable Expenses. Reimbursable Expenses are not included in the total not-to-exceed services fee delineated in the Agreement this document supplements and herein, and include the actual expenditures and actual costs set forth in the Agreement this document supplements. ARTICLE VI PAYMENTS TO THE ARCHITECT 6.01 Basic Services. Payments on account of Architect's Basic Services shall be made monthly in proportion to the degree of completion of each phase, as delineated in the Agreement this document supplements and herein. As to the Construction Observation Phase fee apportionment, Architect shall invoice for equal monthly payments based upon the contractually-stipulated Construction Period. 6.02 Reimbursable Expenses. Payments for authorized Reimbursable Expenses for Architect, as hereinbefore referred to and in an amount not to exceed$85,000.00, shall be made following presentation, review and approval of Architect's detailed invoice in triplicate. 6.03 Deductions. No deductions shall be made from Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors. 6.04 Additions. No additions shall be made to Architect's compensation based upon Project construction claims,whether paid by City or denied. 6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is abandoned or suspended, in whole or in part,Architect is to be paid for the services performed on account of it prior to receipt of written notice 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 Director. Such invoices shall conform to the schedule of services and costs in connection therewith set out hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be requested by Director, Architect shall comply promptly with such request. In this regard, should Director determine it necessary, Architect shall make all records and books relating to this Agreement available to City for inspection and auditing purposes. 6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any invoice that may have been paid to Architect and to adjust the same to meet the requirements of the Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later than the time period required under the Texas Prompt Payment Act; however, under no circumstances shall Architect be entitled to receive interest on payments which are late because of a good faith dispute between Architect and City or because of amounts which City has a right to withhold under this Agreement or state law. 10 6.08 Offsets. City may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to City from Architect, regardless of whether the amount due arises pursuant to the terms of this Agreement or otherwise and regardless of whether or not the debt due to City has been reduced to judgment by a court. ARTICLE VII ARCHITECT'S ACCOUNTING RECORDS 7.01 Accounting Records. Records of Architect's Consultant and Reimbursable Expenses pertaining to the Project, and records of accounts between City and Architect shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. ARTICLE VIII TERMINATION AND DEFAULT 8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and fully understood by Architect that Director may cancel or indefinitely suspend further work hereunder or terminate this Agreement either for cause or for the convenience of City, upon fifteen (15) days' written notice to Architect,with the understanding that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease. Architect shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, maps, cross sections and other data, designs and work related to the Project shall become the property of City upon termination of this Agreement, and shall be promptly delivered to City in a reasonably organized form without restriction on future use. Should City subsequently contract with a new architect for continuation of services on the Project, Architect shall cooperate in providing information. 8.02 Default.Nothing contained in Section 8.01 above shall require City to pay for any work which is unsatisfactory as determined by Director or which is not submitted in compliance with the terms of this Agreement. City shall not be required to make any payments to Architect when Architect is in default under this Agreement, nor shall this Article constitute a waiver of any right, at law and at equity, which City may have if Architect is in default, including the right to bring legal action for damages or to force specific performance of this Agreement. ARTICLE IX GENERAL, SUPPLEMENTARY AND SPECIAL CONDITIONS; CONTRACT ADMINISTRATION 9.01 General, Supplementary and Special Conditions. City of Round Rock - Supplementary General Conditions to AIA Document A201, "General Conditions of the Contract for Construction", are to be used by Architect without modification; however, City may,upon prior consultation, approve of any changes that may be necessary for specific cases or instances. Any special conditions pertaining to the Project that are approved by City will be included under the Special Conditions portion of the Construction Documents. 11 9.02 Contract Administration. This Agreement shall be administered on behalf of City by its City Manager, and Architect shall fully comply with any and all instructions from Director. Any dispute arising hereunder shall be submitted to Director,whose decision in the matter shall be final and binding. ARTICLE X RESPONSIBILITY FOR WORK,INDEMNIFICATION AND INSURANCE 10.01 Architect's Responsibility for Work. Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Architect, its employees, subcontractors, agents and consultants for the accuracy and competency of their Designs, Working Drawings, Specifications or other documents and work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect, error or omission in the Designs, Working Drawings, and Specifications or other documents prepared by Architect,his employees, subcontractors,agents and consultants. 10.02 Indemnification (Damage Claims). Architect agrees to indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits,judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons,that may arise out of or be occasioned by Architect's breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of Architect, his officers, agents, associates, employees or subconsultants, in the performance of this Agreement; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both Architect and City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights,contractual or otherwise,to any other person or entity. 10.03 Indemnification (Patent and Copyright Claims).Architect agrees to completely indemnify and hold harmless City, its officers, agents and employees, against a claim that any of the Designs, Plans or Specifications prepared by Architect, its employees, associates or subconsultants, pursuant to this Agreement infringe a U.S. patent or copyright directly, indirectly or contributorily, regardless of whether or not City is proven to have actively induced or contributed to the infringement. Architect will pay any and all resulting costs, damages and attorney's fees finally awarded,provided that: (1) City promptly notifies Architect in writing of the claim; and (2) Architect has control of settlement negotiations. (a) The City Attorney of City shall be kept informed of settlement negotiations, and shall execute any settlement agreement reached by Architect on City's behalf. (b) Architect's indemnification under this section is conditioned on City's agreement that if any of the designs, plans or specifications, become, or in Architect's opinion are likely to become, the subject of such a claim, City will permit Architect, at Architect's option and expense, either to procure the right for City to continue using the designs, plans or specifications or to replace or modify the same so that they become non-infringing; and if neither of the foregoing 12 alternatives is available on terms which are reasonable in Architect's judgment, City, to the extent City is legally able to do so,will cease using the designs,plans or specifications on written request of Architect, in which instance City has the sole option to either require Architect to perform new design work at Architect's sole expense, or to terminate this Agreement. (c) Architect has no liability under this section for any claim of infringement based upon the modification or alteration of the designs, plans or specifications prepared under this Agreement subsequent to the Project by City, or by any engineering consultant subsequently employed by City. (d) The foregoing states the entire obligation of Architect with respect to infringement of patents and copyrights. 10.04 Insurance.Architect, at Architect's sole cost, shall purchase and maintain during the term of this Agreement the minimum professional liability insurance coverage in the amount of One Million Dollars ($1,000,000.00) from a company authorized to do insurance business in Texas and otherwise acceptable to City. Failure to maintain the minimum insurance coverage during the term of this Agreement shall be considered a material breach of this Agreement. 10.05 Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Architect, Architect shall require each subconsultant performing work under this Agreement to maintain during the term of the Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Section 10.04 above, including the required provisions and additional policy conditions as shown below in Section 10.069 unless specifically waived by the City Manager. Architect shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Architect must retain the certificates of insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. 10.06 Insurance Policy Endorsements. Each insurance policy under paragraph 10.04 shall include the following conditions by endorsement to the policy: (1) Each policy shall require that thirty(30) days prior to the expiration, cancellation, or non- renewal,a notice thereof shall be given to City by certified mail to: City Manager,City of Round Rock 221 East Main Street Round Rock, Texas 78664 Architect shall also notify City, within 24 hours of receipt, of any notices of expiration, cancellation, or non-renewal it receives from its insurer. (2) Companies issuing the insurance policies shall have no recourse against City for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of Architect. 13 (3) The Term "City" or "City of Round Rock" shall include all authorities, Boards, Commissions, Departments, and officers of City and the individual members, employees and agents thereof in their official capacities, and/or while acting on behalf of the City of Round Rock. (4) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self-Insured Retentions of whatever nature. 10.07 Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Architect shall be borne solely by Architect, with certificates of insurance evidencing such minimum coverage in force to be filed with the City. ARTICLE XI COMPLIANCE WITH LAWS,CHARTER AND ORDINANCES,ETC. 11.01 Compliance with Laws. Architect, its consultants, agents, employees and subcontractors shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by all local, State and National boards, bureaus and agencies. Architect shall further obtain all permits and licenses required in the performance of the professional services contracted for herein. 11.02 Taxes. Architect will pay all taxes, if any, required by law arising by virtue of the services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales,Excise, and Use Tax Act. ARTICLE XII TERM 12.01 Term. Unless sooner terminated in accordance with the applicable provisions hereof, or extended by mutual agreement approved by City's Director, the term of this Agreement shall be from the date hereof until final completion of the Project and all architectural/engineering and construction administration services in connection therewith, including the final one (1) year warranty inspection, and resolution of any outstanding Project-related claims or disputes. 12.02 Project Performance Schedule. Architect understands that the Project Performance Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of services required herein, so that construction of the Project will be commenced as scheduled. In this regard, Architect shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all services required under this Agreement in the highest professional manner. ARTICLE XIII FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY 13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the Project. 14 13.02 Confidentiality. Architect's reports, evaluations, designs, drawings, data, and all other documentation and work developed by Architect hereunder shall be kept confidential, and shall not be disclosed to any third parties without the prior written consent and approval of City's Director. ARTICLE XIV GENERAL PROVISIONS 14.01 Time is of the Essence. Architect understands and agrees that time is of the essence and that any failure of Architect to complete the services for each phase of this Agreement within the agreed Project Performance Schedule will constitute a material breach of this Agreement. Architect shall be fully responsible for its delays or for failures to use his best efforts in accordance with the terms of this Contract. Where damage is caused to City due to Architect's failure to perform in these circumstances, City may withhold, to the extent of such damage, Architect's payments hereunder without waiver of any of City's additional legal rights or remedies. 14.02 Force Majeure.Neither City nor Architect shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which it is not responsible or circumstances beyond its control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 14.03 Assignment. The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Architect shall not assign, sublet or transfer any interest in this Agreement without prior written authorization of City's Director. 14.04 Amendments. This Agreement, representing the entire agreement between the parties, may only be amended or supplemented by mutual agreement of the parties hereto in writing. 14.05 Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 14.06 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as follows: City Manager,City of Round Rock Stephan L. Sheets, City Attorney 221 East Main Street and to: 309 East Main Street Round Rock,Texas 78664 Round Rock,Texas 78664 All notices and correspondence from City to Architect shall be mailed or delivered to the Architect as follows: PGAL, Inc. 3030 LBJ Freeway, Suite 1220 Dallas,Texas 75234 15 IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its co orate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No. 1K--'LDt(2>-- !5( 3d approved by the City Council on January 25, 2018, and PGAL, Inc. signing by and through its duly authorized representative, thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions of this Contract. CITY OF ROUND ROCK,TEXAS PGAL,Inc. By: (V� ' By: Craig Mor an,May Date: Date: January 9, 2018 ATTEST: By: Sara L.White,City Clerk FOR CITY,A PROVED AS TO FORM: By: Stephan . Sheets, City Attorney 16 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. PGAL, Inc. 2018-301887 Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/12/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA Round Rock Public Library 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Brown, Kenneth Alexandria, VA United States X Linville,Jack Houston,TX United States X Weiner,Jeffrey Houston,TX United States X Nestler, Ian Boca Raton, FL United States X Andrews, David Houston,TX United States X Gerber,Jeffrey Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Jeff D. Bulla and my date of birth is March 24, 1961 My address is 3030 LBJ Frwy, Suite 1220 Dallas TX 75234 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Dallas County, State of Texas on the 12 day of 01 2018 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-301887 PGAL, Inc. Dallas,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/12/2018 being filed. City of Round Rock Date Acknowledged: 01/18/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. NA Round Rock Public Library 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Brown, Kenneth Alexandria,VA United States X Linville,Jack Houston,TX United States X Weiner,Jeffrey Houston,TX United States X Nestler, Ian Boca Raton, FL United States X Andrews, David Houston,TX United States X Gerber,Jeffrey Houston,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337