Contract - McKinney Architects, Inc. - 9/27/2018 City of Round Rock Agreement
for Architectural Services for
City of Round Rock
Prototype and Site Adaptation for Fire Station No. 3
With
McKinney Architects, Inc.
AGREEMENT made as of th (� day of the month of 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:
McKinney Architects,Inc.
1301 East Seventh Street
Austin,Texas 78702
For the following Project:
Protype update and site adaptation for the Fire Station No. 3 Project to be located at 221 Sundance Parkway, Round
Rock,Texas.
Professional services for this Project shall include but not be limited to Prototype Update and Site Adaptation,
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 $50,000.00. 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:
00408539/ss2
Protype update and site adaptation for the Fire Station No. 3 Project to be located at 221 Sundance Parkway, Round
Rock,Texas.
1.1.2.2 The physical parameters are:
The Project is to be located on City-owned property at 221 Sundance Parkway, Round Rock, Texas in the La
Frontera development.
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,Prototype Update and Site Adaptation,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 fees payable to the Architect are as follows:
The City's total liability for payments pursuant to this Agreement shall not exceed One Hundred
Thousand Thirty-Two Thousand Five Hundred and No/100($132,500.00).
A. Professional Services
In consideration for the professional services to be performed by the Architect, the Owner agrees
to pay the Architect as detailed in the Architect's Proposal Letter dated July 18, 2018 and revised
on August 12, 2018, which is attached as Exhibit "A" and incorporated herein for all purposes.
Where stipulated sums are indicated in Exhibit"A,"such not-to-exceed sum includes amount paid
for Architect's services 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 Six Thousand and no/100 Dollars ($6,000.00), and such
amount is included in the not-to-exceed total of$132,500.00. Reimbursable expenses shall be
paid as set forth herein and as in Exhibit"A."
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.
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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" shall
only 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: To be determined by Owner.
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
Matthew Smith,Project Manager
General Services Department
City of Round Rock
212 Commerce Boulevard
Round Rock,Texas 78664
1.1.3.2 The Owner's consultants and contractors are:
Architect of Record/Prime Firm:
McKinney York
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Consultants:
To be determined by Owner.
1.1.3.3 The Architect's Designated Representative is:
McKinney Architects,Inc.
Patricia Hunt
1301 East Seventh Street
Austin,Texas 78702
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 reasonably 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.
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.
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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 Prototype (including
fully editable electronic plans and specifications in their native format used to produce prototype Fire Station No. 8),
a list of requested changes to the Project Prototype, 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
information and materials as may be necessary and practicable for the orderly and expeditious progress of the work
and the awarding of the construction contract. To the extent practicable, these documents shall be utilized in the
preparation of the construction documents.
1.2.2.11 The Owner will provide timely review and response to inquiries in order to maintain an orderly progression.
1.2.2.12 Any information related to design standards and Owner-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.
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("Standard of Care"). 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.
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.
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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; upon completion of services provided by the Architect under 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 provided that Owner has made payment to Architect for
all sums owed under the 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 permission from the Architect's consultants consistent with this Agreement.
Upon termination of the Agreement, the Owner is permitted to authorize other similarly credentialed design
professionals to reproduce and,where permitted by law,to make changes,corrections or additions to the Instruments
of Service for the purposes of completing, using and maintaining the Project or additional projects. IN THE
EVENT OWNER USES THE ARCHITECT'S INSTRUMENTS OF SERVICE WITHOUT RETAINING THE
ARCHITECT ON THE PROJECT OR ANY OTHER PROJECT, THE OWNER RELEASES THE ARCHITECT
AND ITS CONSULTANT(S)FROM ALL CLAIMS AND CAUSES OF ACTION ARISING FROM SUCH USES.
ADDITIONALLY, IN THE EVENT THAT THE OWNER TERMINATES THE ARCHITECT FOR
CONVENIENCE OR WITHOUT CAUSE AFTER THE ARCHITECT SEALS THE CONSTRUCTION
DOCUMENTS BUT BEFORE COMPLETION OF THE CONSTRUCTION PHASE, OWNER AGREE TO HIRE
A COMPETENT PROFESSIONAL TO PERFORM CONSTRUCTION PHASE SERVICES IN ACCORDANCE
WITH TBAE RULE SECTION 1.217. OWNER ACKNOWLEDGES THAT FAILURE TO ENGAGE
ARCHITECT TO PERFORM FULL CONSTRUCTION PHASE SERVICES CARRIES WITH IT ASSOCIATED
RISKS BOTH TO THE OWNER AND ARCHITECT. SUCH RISKS INCLUDE, WITHOUT LIMITATION THE
INABILITY OF THE ARCHITECT TO BECOME GENERALLY FAMILIAR WITH THE PRGRESS AND
QUALITY OF THE WORK PERFORMED BY CONTRACTOR, TO REJECT WORK NOT IN ACCORDANCE
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WITH THE CONTRACT DOCUMENTS, TO CLARIFY OR RESPOND TO CONTRACTOR'S QUESTIONS
CONCERNING INTERPRETATION OF THE INSTRUMENTS OF SERVICE, OR TO MAKE APPROPRIATE
REVISIONS OR MODIFICATIONS TO THE ARCHITECT'S INSTRUMENTS OF SERVICE.
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 and Architect shall
be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the
Work. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar
purposes in connection with the Project is permitted. Any unauthorized use of the Instruments of Service shall be at
the Owner's sole risk and without liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner
providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the
Architect shall by separate written agreement set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations not otherwise provided in this
Agreement.
1.3.2.5 All plans and drawings will be prepared and submitted digitally by the Architect to the Owner for approval
on a minimum 24-inch by 36-inch format, with all lettering processed in ink or pencil and clearly legible when the
sheets are reproduced and reduced to half size.
1.3.2.6 Upon completion of the construction of the 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.
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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.
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
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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.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in substantial compliance with this Agreement, such
failure may be considered substantial nonperformance and cause for suspension of performance of services under
this Agreement. If the Architect elects to suspend services,prior to suspension of services, the Architect shall give
fifteen(15) days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no
liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before
resuming services, the Architect shall be paid all non-disputed sums 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 tenninate 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 completed and shall be compensated in accordance with the
terns of this Agreement for all work accomplished prior to the receipt of said notice. No amount shall be due for
lost or anticipated profits. Upon payment in full for all services performed by the Architect, 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, subject to any record-keeping requirements imposed on the Architect by the TBAE
or other similar authority. Should the Owner subsequently contract with a new architect for continuation of services
on the Project,the Architect shall cooperate in providing information.
1.3.8.3 Nothing contained in Section 1.3.8.2 immediately above shall require the Owner to pay for any work which
is unsatisfactory as determined by the Owner's representative or which is not submitted in compliance with the
terms of this Agreement. The Owner shall not be required to make any disputed 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 $6,000.00, are 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.
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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.
1.4.1.2 Other documents as follows:
Exhibit"A"Proposal
"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 in accordance
with the Standard of Care 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.
ARTICLE 1.6 STATEMENT OF JURISDICTION
1.6.1 The Texas Board of Architectural Examiners, 333 Guadalupe, Suite 2-350,Austin, Texas 78701,telephone
(512) 305-9000, has jurisdiction over complaints regarding the professional practice of persons registered as
architects of Texas.
[Signatures on the following page.]
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This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
CITY OF ROUND ROCK,TEXAS MCKINNEY ARCHITECTS,Inc.
By: MBy:
Mayor,Craig organ
Date: Date: • �o • `/�
ATTEST:
By:
Sara L. ite,City Clerk
FOR CITY,APPROVED AS TO FORM:
sy. IV, L -<A�
Stephan L.S ets,City Attorney
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J
MCKINNEY/ 'YORK
architects
July 18, 2018 (REV 3 8/12/18)
Mr. Chad McDowell
General Services Director
City of Round Rock
General Services Department
212 Commerce Blvd.
Round Rock, Texas 78664
Re: Proposal for Professional Services for
Prototype Update and Site Adaptation for Fire Station #3—La Frontera
221 Sundance Parkway, Round Rock, TX 78681
Dear Mr. Wilkes:
McKinney York Architects (MYA), is pleased to provide this proposal for Prototype Update
and Site Adaptation Phase Services, Construction Documents, Bidding, and Construction
Observation. in the development of an updated prototype fire station and construction new
fire station located at 221 Sundance Parkway based on that updated prototype for the City
of Round Rock, General Construction Services. MYA intends to utilize Patricia Hunt as the
Project manager and project Architect for the project. Ms. Hunt will be supported by other
MYA staff and her work will be overseen and directed by principal, Al York, FAIR. Richard
Wilson, AIA will provide QA/QC reviews of the work product before they are released in
accordance with MYA's standard practices
THE SCOPE OF WORK INCLUDED IN THIS PROPOSAL INCLUDES THE FOLLOWING:
Basic Services:
As described in Article II of the attached edited Supplemental Agreement No. 1.
Assumptions underlying the proposal:
One meeting and document submission per project milestone is included in this proposal.
Attendance at additional design meetings or Owner coordination meetings by the Architect
shall be additional services on an hourly basis.
Construction services will be procured via Competitive Sealed Bid through city of Round
Rock General Services. Based on our current understanding of the Projects, we anticipate
the construction schedule to be approximately 50 weeks of duration. Attendance at one
pre-proposal meeting, one punch list, and one final walk through are included in this
proposal. Attendance at additional punch lists or walk throughs shall be additional services
on an hourly basis.
The following consultants are included in the proposal under basic services:
• Registered Accessibility Specialist (RAS) for review of contract documents and
compliance with Texas Accessibility Standards. Services will include a preliminary
review of the updated prototype, an official review of the Construction Documents,
and an official inspection upon Project completion.
1301 east seventh street 0 austin,texas 9 78702 • ph 512 476 0201 •fx 512 476 0216 9 www,rnckirineyyork.com
LEED certification will not be a goal of this project; however, common practices for energy
efficiency and a healthy building will be followed.
Owner will provide complete CAD/ BIM drawings of the protype building for Architect. In
addition, the Owner will provide copies of construction documents for the previous
prototypes constructed including original construction, any modifications or changes to the
drawings during construction, and proposed modifications to the building for architect. The
project manager has approved the use of AutoCAD 2018/ Revit 2017 for this renovation
project.
SCHEDULE OF COMPENSATION
Professional Services shall be compensated as follows.
Prototype Update & Site Adaptation
a stipulated sum of $18,000
Construction Documents
C stipulated sum of $41,000
Bid &Contract Negotiation
Hourly NTE $7000
Construction Administration
Hourly NTE $60,000
TOTAL $726,,500
Hourly rates shall he at the MYA's normal hourly rates. MYA's current rate schedule is
attached. Those rates are valid through the end of the current calendar year and will he
adjusted annually in accordance with MYA's standard practice. MYA agrees to limit
annual adjustments to no more than 8%per year. All ofMYA's efforts in furtherance of the
contracted services, including travel to and from meetings and site visits, will he pilled at
the stipulated hourly rates.
Hourly NTE represent authorization for MYA to perform services for a fee up to the
allowance amount. MYA Is services beyond the allowance amount require a contract
amendment signed by the City of Round Rock. Notwithstanding any other provisions of the
agreement, MYA shall have no ohligation to perform services beyond the allowance
amount unless MYA Architect is compensated for the additional effort at the Architect's then
current hourly rates or in some other in a manner acceptahle to MYA as noted in the letter
from Richard Will of August 73, 2078. Authorization to perform services beyond the NTE
amounts shall he undertaken as an Additional Service as provided for in the agreement.
REIMBURSABLE EXPENSES
Reimbursable expenses are as defined in the AGREEMENT. MYA will not exceed the
Reimbursable Expenses without written agreement from the Owner. MYA shall be under no
obligation to provide services, items, or incur other expenses defined as Reimbursable
Expenses in the AGREEMENT in excess of the budget defined below notwithstanding other
provisions of the AGREEMENT. Architect acknowledges that mileage to and from the
Architect's Austin office and meetings and construction observations visits in Williamson
County is not to he reimbursed.
Reimbursable Expenses $6,000
REV 2 8/6/18
ADDITIONAL SERVICES
Any and all additional services will require the written consent of all parties and will be
subject to the requirements of the AGREEMENT.
Work not specifically identified above, including architectural or other services in
connection to additions and / or revisions to the project scope and program shall be
considered a change in service and shall be compensated on a mutually agreeable
negotiated basis.
SCHEDULE OF COMPLETION OF SERVICES
Subject to the responsiveness and diligence of the Owner, Owner's other consultants,
Owner's contractors the Architect will endeavor, consistent with prudent practice to
observe the following schedule.
Prototype Update &Site Adaptation 30 days from Notice to proceed
Construction Documents 75 days from approval of prior phase
submission
Bid &Contract Negotiation TBD
Construction Administration 60 weeks from start of construction
RESPONSIBILITY OF OTHERS
In accordance with accepted professional practice it is the responsibility of the Owner to
provide the Architect with complete and accurate information concerning known existing
physical and legal condition of the site that are beyond the scope of the professional
services described in this document. Certain unusual or unforeseeable conditions not
identifiable by visual observation may materially alter the scope of the project in a manner
no provided for in this contract. Likewise, active or pending legal disputes involving
property ownership, environmental status, easement rights, governmental or departmental
jurisdiction or similar matters may complicate the project in a manner that could not
reasonably be anticipated at this time. Any change to the scope of the project required by
such conditions as are listed above, or any duplication of services necessitated thereby as
well as duplication of work necessitated by the City's request for changes to previously
approved documents or prior instructions or directions, may be considered grounds for
contract modification or an additional services agreement.
Owner will provide the following:
• Land Title, Topographic and Tree Survey, foundation and pavement design
recommendations of a geotechnical engineer familiar with the area and its soils.
• The diligent, cooperating, coordinated services of all design discipline consultants
necessary for the Project.
• Those items described as Owner's responsibility in the edited Agreement and
Supplement thereto.
REV 2 8/6/18
The following are not included in this proposal and shall be provided by additional
services if requested by the Owner:
• Constructability Services
• Hazardous Material Abatement Services
• Commissioning Services
• TPDES Consultant Services or Civil Engineering to prepare SWPPP or permit
documentation required for TCEQ
• As-Built Drawings and Specifications
• Mechanical, Electrical and Plumbing Engineering Services
• Civil Engineering Services
• Telecommunications Consultant services
• Audio Visual/Data Consultant services
• Security Planning Consultant Services
• Graphics/Wayfinding Planning services
• Lighting Consultant services
• Exhibit Design Consultant services
• Interior Design Services for furniture, fixtures, and equipment
• Food Service Design Consultant services
• Art Procurement Consulting services
• Surveying Services
• Geotechnical Services
• Landscape Architect, Irrigation Consultant, or Arborist Services
• Code Check for project related building areas outside the defined limits of the
project assignment
• Landmark Public Arts Program participation and/or coordination
• LEED certification, verification and/or coordination beyond compliance with the
PMCS Green Building Design Guidelines for Small Renovations
• Elevator modernization or upgrades
• Design services for multiple packages for design or construction.
• Coordination with additional consultant services not included in this document
below whether by Owner's consultants or consultants added to our work, including
survey services.
MCKINNEY YORK ARCHITECTS IS A HUB CERTIFIED WOMAN OWNED FIRM.
BELOW IS A LIST OF SUB-PROFESSIONAL SERVICE PROVIDERS WE PLAN TO USE ON THIS PROJECT,
WHOSE FEES ARE INCLUDED ABOVE.
• Development Associates—Registered Accessibility Specialist.
REV 2 8/6/18
ACCEPTANCE
If you find this proposal acceptable, please complete the edited versions of the City of
Round Rock Architectural Services Agreement for City of Round Rock and Supplement No.
1 to attached hereto. The executed agreements will be returned to you for final
authorization and the issuance of the notice to proceed.
Respectfully submitted,
U\4%'VWMWft
Charles A York, FAIA
PRINCIPAL
CC: Matthew Smith
ATTACHMENTS: Edited City of Round Rock Agreement for Architectural Services for City of
Round Rock
Edited Supplemental Agreement No. 1
MYA 2018 Fee Schedule
REV 2 8/6/18
Y
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i
McKINNEY/ YORK
architects
2018 FEE SCHEDULE
Clerical I $90/hr
Clerical II $1 10/hr
Clerical III $130/hr
Intern $90/hr
Designer 1 $100/hr
Designer II $1 10/hr
Architect III / Designer III $120/hr
Architect IV/ Designer IV $130/hr
Architect V $140/hr
Architect VI $150/hr
Architect VII $170/hr
Architect VIII $190/hr
Architect IX $210/hr
Partner $170/hr
Principals $220/hr
Founding Principal $220/hr
Note:This fee schedule is effective through December 31,2018. Rates will be
adjusted each January to reflect changes in employee costs.
*The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the
professional practices of persons registered as architects in Texas.
Texas Board of Architectural Examiners-P.O.Box 12337-Austin,TX 78711 -2337-512-305-9000-
www.tbae.state.tx.us
1301 east seventh street 0 austin,texas • 78702 0 ph 512 476 0201 • fx 512 476 0216 9 www.mckinneyyork.com
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 Prototype and Site Adaption for Fire
Station No. 3 with McKinney Architects,Inc."for the following Project:
Professional architectural services and design services related to the following:
Construction of a new City of Round Fire Station No. 3 to be located at 221 Sundance
Parkway,Round Rock, Texas.
Professional services for this Project shall include, but not be limited to, Prototype
Update and Site Adaption Phase Services, 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 12A.day of , 2018, and likewise is by and
between the same parties, those being the CITY OF RO ROCK, a home-rule municipal corporation
of Williamson and Travis Counties, Texas (hereinafter referred to as "City" and/or "Owner") and
McKinney Architects, Inc., with offices located at 1301 East Seventh Street, Austin, Texas 78702
(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, confirming
project program and space requirements, document production,bidding-related services, and construction
observation services related to the Project; and
WHEREAS, the City's total liability for payments pursuant to this Agreement shall not exceed
One Hundred Thirty-Two Thousand Five Hundred and No/100 Dollars($132,500.00); and
WHEREAS, payment for reimbursable expenses shall not exceed the maximum sum of
$6,000.00 and is included in the total compensation for services of$132,500.00; and
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; and
00408737/ss2
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 One Hundred Thirty-Two Thousand Five Hundred and No/100 Dollars
($132,500.00), including a not-to-exceed amount of Six Thousand and No/100 Dollars ($6,000.00) 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, 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. 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 coordinate its services with the City,
represented by its City Manager or his designee, hereinafter referred to as "Director." A Performance
Schedule in Microsoft Project or an alternative program approved by the City, shall be agreed upon by
Architect and the City, and Architect agrees to use its best efforts to complete all services hereunder in
accordance with such Performance Schedule. All services shall be performed to the highest professional
standard.
2.02 Schematic Design Phase. Schematic Design Phase Services are not included in this Agreement.
2
2.03 Prototype Update and Site Adaptation Phase. Architect shall provide the following Prototype
Update and Site Adaption Phase Services: as delineated in the Agreement this document supplements
and herein, and as follows:
(1) Architect shall update the Prototype and adapt that Prototype to a specific site, as
applicable, said Prototype 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 Prototype
Update and Site Adaptation 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 Prototype Update and Site Adaptation Phase
Documents, 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 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 Prototype Update and Site Adaptation Phase Documents.
(3) Architect shall be solely responsible for submitting the Architect's Instruments of Service
for 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:
3
Following City's approval of the Construction Documents,Architect shall assist City in awarding
a construction contract following legal public bid requirements. Architect shall transmit Construction
Documents to the Owner for reproduction and distribution. 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 assist the
bidders with an understanding of 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. Architect's role during the Bidding and/or Negotiation
Phase shall be limited to advising and consulting with the City, and the City retains all responsibility for
the actual selection of the Contractor.
2.06 Construction Observation Phase. Architect shall provide the following Construction
Observation Phase Services: as delineated in the Agreement this document supplements and herein, and
as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
terminate following the final one-year warranty inspection of the completed Project, correction of all
defects in Project materials and workmanship, and resolution of all Project-related claims and disputes.
During the Construction Phase,Architect shall provide the following services:
(1) Architect shall provide administration of the Construction Contract as set forth in the
Construction Documents, specifically the General and Supplementary General
Conditions. Architect's assigned authority thereunder will not be substantially modified
without Architect's written consent.
(2) Architect shall review properly prepared, timely requests by the Contractor for additional
information about the Contract Documents. A properly prepared request for additional
information about the Contract Documents will be in a form prepared or approved by
Architect and will include a detailed written statement that indicates the specific
Drawings or Specifications in need of clarification and the nature of the clarification
requested.
(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
(4) Interpretations and decisions of Architect will be consistent with the intent of and
reasonably inferable from the Contract Documents and will be in writing or in the form
of drawings. When making such interpretations and initial decisions, Architect will
endeavor to secure faithful performance by both Owner and the Contractor, will not show
partiality to either, and will not be liable for the results of interpretations or decisions so
rendered in good faith.
(5) Architect shall render initial decisions on claims, disputes or other matters in question
between Owner and the Contractor as provided in the Contract Documents. However,
Architect's decisions on matters relating to aesthetic effect will be final only if consistent
with the intent expressed in the Contract Documents.
(6) Architect shall report to Owner all known 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 on-site construction observation, periodically visiting the site to
the extent necessary to familiarize itself with the progress and quality of the work, and to
determine if the work observed is proceeding in substantial accordance with the Contract
Documents. Architect's site observations may be conducted with Owner's designated
representative to check conformance of the work with the requirements of the Contract
Documents and to verify the accuracy and completeness of the list submitted by the
Contractor of work to be completed or corrected. Field Reports of each visit shall be
prepared by Architect and submitted to City. Architect shall employ reasonable measures
to safeguard City against defects and deficiencies in the work of the Contractor. Architect
shall not be responsible for the construction means, methods, techniques, sequences of
procedures, nor for the safety precautions and programs employed in connection with the
work. However, Architect will immediately inform Director whenever defects and
deficiencies in the work are observed, or Architect observes actions or omissions by the
5
Contractor which are not in accordance with the Contract Documents.
(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 commercially reasonable efforts to promptly review and approve or
reject submittals required by the Contract documents (including 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. Prompt review
by Architect of submissions is of prime importance to City and an absolute necessity
under the time constraints of the Project, and Architect shall be strictly held to the
Standard of Care in the Agreement.
(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.
6
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director for City's approval and payment. In
addition,Architect shall make inspection of the Project at least thirty(30) days before the
expiration of the one (1)year warranty contained in the Contractor's Performance Bond.
(17) Architect shall conduct regularly scheduled progress meetings with City, the Contractor
and major Subcontractors. Minutes of same shall be prepared by Architect with copies
submitted to City's Director.
(18) Architect shall have authority to order minor changes in the construction work, consistent
with the Contract Documents, and not involving an adjustment in the Contractor's bid
price or an extension of the Project Schedule. Such changes shall be accomplished by
Field Order. In addition, Architect may issue written Field Orders which interpret the
Plans and Specifications,with copies submitted to City's Director.
(19) Architect shall assemble and deliver to City a set of reproducible As-Designed Record
Construction Drawings, which include or attach significant design changes 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 As-Designed Record Construction
Specifications which will identify the design 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; and(3) as-built record documents.
2.07 Warranty Phase. Architect shall assist Owner in scheduling corrections to be made by the
Contractor during the warranty period. During the eleventh month following completion of the prime
general contract, Architect will arrange for a warranty inspection tour of the entire Project by authorized
representatives of City, the Subconsultants and of each prime contractor engaged on the Project.
Architect shall then prepare a list of work which needs to be done by each prime contractor to satisfy that
prime contractor's warranty obligations to City. For any non-warranty involvement of Architect,
payments shall be made based upon the Hourly Rate Schedule contained in this Agreement.
2.08 Project Representation Beyond Basic Services. In the event that circumstances should develop
whereby continuous, full-time representation at the Project site is required, the conditions under which
such representation shall be furnished and the Project Representatives selected, employed and directed
shall be governed by an additional written Supplemental Agreement between City and Architect.
2.09 Additional Services. Architect shall perform Additional Services, as requested by City, after a
not-to-exceed amount has been mutually agreed upon in writing by Director and Architect. Architect
shall not proceed until the appropriate Resolution or directive for such Additional Services has been
delivered from the City Council or City Manager. The following services are not covered under Article
II, which defines and outlines Architect's Basic Services. If any of these Additional Services are
7
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 or the Contractor's Notice to Proceed, whichever occurs first.
(5) Performing more than two(2)reviews of any shop drawing, product data item, sample or
similar submittal from the Contractor.
(6) Providing more than twenty-four (24) site visits/construction meetings over the duration
of the Project.
(7) Providing more than two (2) inspections for any portion of the Work to determine
whether such portion of the Work is substantially complete in accordance with the
requirements of the Contract Documents.
(8) Providing more than one (1) inspection for any portion of the Work to determine Final
Completion.
ARTICLE III
CITY'S RESPONSIBILITIES
3.01 Full information. City shall provide full information regarding requirements for the Project.
3.02 Designate representatives. City shall designate, when necessary, representatives authorized to
act in its behalf. City shall examine documents submitted by Architect and render decisions pertaining
thereto promptly to avoid unreasonable delay in the orderly progress of Architect's work.
3.03 Tests and inspections. City shall furnish, or pay for structural, mechanical, chemical, soil
mechanics, and other laboratory tests, reports and inspections as required by law or the Contract
Documents.
3.04 Permits. City will furnish the building permit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor. Any charges which may be assessed
8
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. Since Owner has provided Architect with a Protype setting for
the established systems and general design elements, Architect has no responsibility for fixed limit of
Budgeted Construction Cost.
ARTICLE V
REIMBURSABLE EXPENSES
5.01 Reimbursable Expenses.Reimbursable Expenses are 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,to the extent applicable.
6.02 Reimbursable Expenses. Payments for authorized Reimbursable Expenses for Architect, as
hereinbefore referred to and in an amount not to exceed $6,000.00, 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
9
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.
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 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. Upon payment in for
full for all services provided by Architect, 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, subject to any record-keeping requirements imposed on the Architect by the TBAE or other
similar regulatory authority. Should City subsequently contract with a new architect for continuation of
services on the Project,Architect shall cooperate in providing information.
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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 disputed 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.
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 that are consistent
with the terms of this Agreement. 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 be caused by any negligent act or omission of
Architect, his officers, agents, associates, employees or subconsultants, in the performance of this
Agreement. 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.
11
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
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. If applicable, Architect shall require each subconsultant performing
work under this Agreement to maintain during the term of the Contract, at the subconsultant's own
expense, the same stipulated minimum insurance required in Section 10.04 above, including the required
provisions and additional policy conditions as shown below in Section 10.06, unless specifically waived
by the City Manager.
Architect shall obtain and monitor the certificates of insurance from each subconsultant in order
to assure compliance with the insurance requirements. Architect must retain the certificates of insurance
for the duration of this Agreement, and shall have the responsibility of enforcing these insurance
12
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.
(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 as required by the Standard of Care provided in the Agreement.
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.
13
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 agrees to endeavor to perform its services in a timely
manner in connection with the Project Performance Schedule, and agrees to undertake all necessary
efforts to expedite the performance of services required herein in accordance with the Standard of Care,
so that construction of the Project will be commenced as scheduled. In this regard, Architect shall not be
responsible for delays caused by the City, its Contractor, or any other separate consultants.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED, CONFIDENTIALITY
13.01 Financial Interest Prohibited. Architect covenants and represents that Architect, its officers,
employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the
purchase or sale of any product, materials or equipment that will be recommended or required for the
construction of the Project.
13.02 Confidentiality. Except as otherwise provided in this Agreement, 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. This provision shall not apply if the work product is
ordered to be disclosed by a court or other legal authority.
ARTICLE XIV
GENERAL PROVISIONS
14.01 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.
14.02 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.
14.03 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.
14.04 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
14.05 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:
McKinney Architects, Inc.
1301 East Seventh Street
Austin, Texas 78702
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
?i• approved by the City Council on 2018, and
Mc inney Architects, Inc. signing by and through its duly authorized r presentative, 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 MCKINNEY ARCHITECTS,Inc.
By: By:
Craig Oorgan,Irr
Date: _"l - •IQ� Date: • t
ATTEST:
By: •
Sara L. 144iite,City Clerk
FOR CITY,AP OVED AS TO FORM:
By: 9 �-'q,&- )
Stephan . Sheets, Ci Corney
15
CERTIFICATE OF INTERESTED PARTIES
FORM x.295
1 of 1
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.
McKinney Architects,Inc. dba McKinney York Architects 2018-402252
Austin,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 09/11/2018
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.
00408539
Architectural Services for City of Round Rock Fire Station No.3
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
York,Charles Austin,TX United States X
Rossomando,Michelle Austin,TX United States X
McKinney, Heather Austin,TX United States X
5 Check only if there is NO Interested Party.
6 UNSWORN DECLARATION
My name is+ rr��.��X15, � _ and my date of birth is �(QT� "t .
My address isU L, � �(f�� T _ JT"tT\)(
,�
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed inr ( County, State of Twa)
� ,on the t day of� �1p ,26—�
(month) (year)
f
Signature of'a thorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 1295
1 of 1
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. 2018-402252
McKinney Architects, Inc. dba McKinney York Architects
Austin,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 09/11/2018
being filed.
City of Round Rock Date Acknowledged:
09/11/2018
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.
00408539
Architectural Services for City of Round Rock Fire Station No. 3
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
York,Charles Austin,TX United States X
Rossomando, Michelle Austin,TX United States X
McKinney, Heather Austin,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 V1.0.6711