R-2025-141 - 6/12/2025 RESOLUTION NO. R-2025-141
WHEREAS, the City of Round Rock desires to retain professional architectural services and
design services related to the City of Round Rock Fire Station No. 11 Project, and
WHEREAS, McKinney York Architects has submitted an Agreement for Architectural
Services ("Agreement') and Supplemental Agreement No. 1 to provide said services, and
WHEREAS, the City Council desires to enter into said Agreement and Supplemental
Agreement No. 1 with McKinney York Architects,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an
Agreement for Architectural Services for City of Round Rock Fire Station No. 11 and Supplemental
Agreement No. 1 with McKinney York Architects, a copy of same being attached hereto as Exhibit
"A" and incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 12th day of June, 2025.
CRAIG M RGAN, 1\ a or
City of Ro nd Rock xas
ATTEST:
. a-\ N ��04
ANN FRANKLIN, City Clerk
0112.20252;4912-4254-4710
r
EXHIBIT
A
City of Round Rock Agreement
for Architectural Services for
City of Round Rock
Fire Station No. 11
With
McKinney York Architects
AGREEMENT made as of the (_)day of the month of in the year Two
Thousand Twenty-Five(2025).
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,dba McKinney York Architects
1301 East Th Street
Austin,TX 78746
For the following Project:
Professional architectural services and design services related to the City of Round Rock Fire Station No, 11.
Professional services for this Project shall include but not be limited to, Design Phase Services, Construction
Documents Phase Services,Procurement Phase Services,and Construction Phase Services.
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:A Fire Station.
The referenced Project consists of professional planning,design,and construction services related to the following:
4885-8447-8143.`sQ
Fire Station No. 1 I is to be located on the north side of Ascension Seton Williamson Hospital,at the corner of North
A.W.Grimes Blvd. and University Blvd., Round Rock,Texas 78665.
1.1.2.2 The physical parameters are:
The project location is on the north side of Ascension Seton Williamson Hospital,at the corner of North A.W.Grimes
Blvd.and University Blvd.,Round Rock,Texas 78665.
1.1.2.3 The Owner's Program is:
The program of development shall include but not be limited to the following elements:The program shall be identical
to that for Fire Station No. 10,drawings of which McKinney York Architects(MYA)has in its possession with the
following amendments:
1. Addition of Police North Satellite Offices.
2. Addition of 2id floor storage work above Work Room and Fitness.
1.1.2.4 The financial parameters areas follows:
The Total Project Cost(TPC)is estimated by the Owner to be approximately$10,560,000.00.The TPC is the Cost of
the Work as defined by the Agreement plus the cost for construction of work designed by the Owner's other project
design consultants plus the following costs.
1. Fees of the Architect and the Architect's consultant's,those of the other design professionals like Civil
Engineer that the Owner is contracting separately, and all of the design professional's qualified
reimbursable expenses.
2. Furniture,Furnishings,and Equipment(FFE)design procurement and installation.
3. Surveying,Geological and Environmental services.
4. Geotechnical investigations and recommendations.
5. Material Testing and Inspection services.
6. Internal costs of the Owner charged against the project.
7. Outside consultants that may include accounting or legal consultants.
8. Other direct project costs.
The TPC excludes the cost to procure the land.
The Cost of the Work plus the cost for construction of work designed by the Owner's other project design consultants
collectively represents the Construction Cost. Based on the reported construction costs for Fire Station No. 10,and
accounting for the escalation in construction costs since that time, it is anticipated that the Cost of the Work
(Construction Cost) may be approximately $10,560,000.00. Of that, the building portion could be approximately
$8,800,000.00.The Site Work,landscaping,and Utilities cost making up the remaining portion of the Construction
Cost could be approximately$1,760,000.00 for the Project.
1.The Fee Schedule relative to this Agreement is set forth in Exhibit"A,"incorporated herein for all purposes,
and is as follows:
A. Professional Services
In consideration for the professional services to be performed by the Architect,the Owner agrees to
pay the Architect a total amount not to exceed Three Hundred Seventy-One Thousand Nine
Hundred and No/100 Dollars($371,900.00)as detailed in the Architect's proposal dated March 7,
2025,which is attached hereto as Exhibit"A,"and incorporated herein by reference for all purposes.
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B. Reimbursable Expenses Allowance
Payment for reimbursable expenses, including administrative charges and out-of-pocket expenses,
shall not exceed the maximum sum of One Thousand Five Hundred and No/100 Dollars
(S1 5. 00.00),and such amount is included in the not-to-exceed total fee of$371,900.00.
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 850.00 per day. This amount includes
tips.
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 thirty(30)days of the expenditure to qualify for
reimbursement and shall provide enough detail for the Owner to determine the requested
reimbursements meet the criteria set forth herein. It shall be in the sole discretion of the Owner to
determine if expenses submitted by Architect are reasonable and qualify for reimbursement pursuant
to the terms of the Agreement.
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. Addition4l 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. Any additional services shall be performed under a
supplemental agreement negotiated at a time subsequent to this Agreement.
1.1.2.5 The time parameters are:
Services hereunder shall commence within ten (10) upon receipt by the Architect of a Notice to Proceed from the
Owner. Completion date shall be agreed upon by Owner and Architect. Other time parameters or adjustments to time
parameters may be determined at a later date by mutual agreement of the parties.
The Architect and the Owner agree to the following Milestone Schedule for the design and development of the Project.
Provided there are no substantive changes to the Initial Information and the Owner provides prompt and
comprehensive comment responses to the Architect's milestone submittals, the project will proceed in accordance
with the following milestone schedule, however, the Architect and the Owner agree that the scheduled dates for
Procurement Phase completion and Construction Phase completion are dependent on the Owner's selected Contractor
and out of the control of the Architect.
I. Start Design Phase Services:Immediately upon receipt of the Notice to proceed,provided Owner notifies
Architect upon Approval by Council and that Approval is at least 10 days prior to the date of the Notice
to Proceed(NTP).
2. Complete Design Phase Services:NTP t 21 workdays.
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3. Owner provides all comments on the Design and authorization to proceed into Construction Documents
Phase.One workday following completion of Design Phase Services.
4. Construction Documents Start: First workday following receipt of the last of the Owner comments on
Design Phase work product.
5. Owner provides Final Site Plan to the Architect including detailed grading,drainage,utilities and other
pertinent site design information reasonably required by the Architect to complete Construction
Documents:20 workdays following Construction Documents Start.
6. 95%Construction Documents: 50 workdays following Construction Documents Start or 30 workdays
following receipt by the Architect of the Final Site Plan,whichever is later.
7. Owner returns Comprehensive Comments on the Construction Documents:Three workdays following
Architects electronic submission of the 95%Construction Documents to the Owner.
8. Complete Construction Documents: Ten workdays following receipt of the last Owner's comment on
the 95%Construction Documents.
1.1.2.6 The proposed procurement or delivery method for the Project is: Competitive Sealed Proposal(CSP)
method.
1.1.3 PROJECTTEAM
1.1.3.1 The Owner's Designated Representatives are:
Brooks Bennett,City Manager
City of Round Rock
221 East Main Street
Round Rock,Texas 78664
Hayden Schiller,Project Manager
City of Round Rock
212 Commerce Blvd.
Round Rock Texas 78664
512-671-2890(Office),737-329-6596(Mobile)
hschil IcQ..roundrocktexas.eov
1.1.3.2 The Owner's consultants and contractors are:
Architect of RecordTrime Firm:
McKinney York Architects
Consultants:
1. Civil:2P Consultants
2. Landscape Architect/irrigation Designer: Studio 16:19
3. Geotechnical and Material Testing: TBD
4. Geological and Environmental:TBD
5. Surveying:TBD
1.1.3.3 The Architect's Designated Representative is:
Patricia Hunt,AIA,RID, LEED AP,Associate
1301 East 7'h Street
Austin,TX 78702
512-852-0283
4
phunt(@mckinneyvork.com
1.1.3.4 The consultants retained at the Architect's expense are as follows.
I. Structural Engineer:Structures PE,LLP
2. MEP:Aptus Engineering
3. Registered Accessibility Specialist: Development Associates.
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 affected 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.
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.
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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 along with
legal permission for use of the prototype design from the prototype design architect,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.
1.2.2.13 The Owner shall furnish surveys to describe physical characteristics,legal limitations and utility locations for
the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as
applicable,grades and lines of streets,alleys,pavements and adjoining property and structures;designated wetlands;
adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and
contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other
improvements and trees;and information concerning available utility services and lines,both public and private,above
and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project
benchmark.
1.2.2.14 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits,
determinations of soil bearing values,percolation tests,evaluations of hazardous materials,seismic evaluation,ground
corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written
reports and appropriate recommendations.
1.2.2.15 The Owner shall furnish 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.
1.2.2.16 The Owner shall furnish all legal, insurance and accounting services, including auditing services,that may
be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
1.2.2.17 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project,including errors,omissions or inconsistencies in the Architect's Instruments of Service.
1.2.2.18 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the
Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance
of any direct communications between the Owner and the Contractor otherwise relating to the Project.
Communications by and with the Architect's consultants shall be through the Architect.
1.2.2.19 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and
responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement.The
Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor,including the
General Conditions of the Contract for Construction.
1.2.2.20 Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give
notice of,or enforce lien rights.
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1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect,the Architect's employees and the Architect's consultants shall be
as enumerated in Article 1.4 and as enumerated elsewhere herein, and in any attached exhibits or supplemental
agreements.
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 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.The Architect's schedule will be provided as a milestone list in the format included above in
the Initial Information Schedule.The Architect's schedule for performance of the Architect's services shall initially
be consistent with the time periods established in the Time Parameters section of the Initial Information above.
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.
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 costal 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.
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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 the 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 for work
completed by Architect. 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 AGREES TO
HIRE A COMPETENT PROFESSIONAL TO PERFORM CONSTRUCTION PHASE SERVICES IN
ACCORDANCE WITH TBAE RULE SECTION 1.217.OWNER ACKNOWLEDGES THATTHE FAILURE
TO ENGAGE ARCHITECTTO 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 PROGRESS AND QUALITY OF THE WORK PERFORMED BY CONTRACTOR,
TO REJECT WORK NOT IN ACCORDANCE 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.
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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 contractor shall deliver final-as-built documents to
the Owner. The Architect shall have no responsibility with regard to As-Builts, Record Drawings, or Record
Specifications.
1.3.2.7 The Architect shall have no liability for changes made to the drawings. Any such change shall be sealed by
the architect making that change and shall be appropriately marked to reflect what was changed or modified. To the
extent permitted by law, the Owner agrees to indemnify, defend and hold harmless the Architect for any claims,
damages,suits and loss of every kind and nature for the unauthorized re-use of the Architect's Instruments of Service.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing.
It is expressly understood and agreed by and between the parties hereto that any alteration in schedule,compensation
and Change in Services shall be effected only by Supplemental Agreement hereto. Any such Supplemental Agreement
to this contract must be duly authorized by appropriate City Council or City Manager action.
1.3.4 MEDIATION
1.3.4.1 Any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation. If such matter relates to or is the subject of a lien arising out of the Architect's services,the Architect may
proceed in accordance with applicable law to comply with lien notice or filing deadlines prior to resolution of the
matter by mediation.
1.3.4.2 The Owner and the Architect shall endeavor to resolve claims,disputes and other matters in question between
them by mediation. Request for mediation shall be filed in writing with the other party to this Agreement, and
mediation shall proceed in advance of legal or equitable proceedings,which shall be stayed pending mediation for a
period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place
where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall
be enforceable as settlement agreements in any court having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 The Owner and the Architect hereby expressly agree that no claims or disputes between the Owner and the
Architect arising out of or relating to the contract documents or a breach thereof shall be decided by any arbitration
proceeding, including,without limitation,any proceeding under the Federal Arbitration Act(9 U.S.C. Section 1-14)
or any applicable state arbitration statute,except that in the event that the Owner is subject to an arbitration proceeding
related to the Project, the Architect consents to be joined in the arbitration proceeding if the Architect's presence is
required or requested by the Owner for complete relief to be accorded in the arbitration proceeding.
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.
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1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the laws of the state of Texas, and venue shall lie in Williamson
County,Texas.
1.3.7.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to
have accrued and the applicable statutes of limitations shall commence to run not later than either the date of
Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
such statutes of limitations commence to run any later than the date when the Architect's services are substantially
completed.
1.3.7.3 To the extent damages are covered by property insurance during construction,the Owner and the Architect
waive all rights against each other, The Owner, as appropriate, shall require of the contractors, consultants,agents
and employees of any of them similar waivers in favor of the other parties enumerated herein.
1.3.7.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Owner or the Architect.
1.3.7.5 Unless otherwise provided in this Agreement, the Architect and the Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials or toxic substances in any form at the Project site.
1.3.7.6 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access
to the completed Project to make such representations. However, the Architect's materials shall not include the
Owner's confidential or proprietary information.
1.3.7.7 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall
be submitted to the Architect for review at least seven(7)days prior to the requested dates of execution.The Architect
shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope
of this Agreement.
1.3.7.8 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors,assigns and legal representatives
of such other party with respect to all covenants of this Agreement.Neither the Owner nor the Architect shall assign
this Agreement without the written consent of the other.
1.3.7.9 All Exhibits to the Contract are incorporated herein as a part of the Contract. Any inconsistencies or
conflicts in Contract and Exhibits shall be resolved by giving preference to pages one(I)through thirteen(13)of
the Contract.
1.3.7.10 BIM and Document Transfer:The Architect will develop project drawings utilizing Revit.The level of
model development will be determined by the Architect for the purpose of generating printed construction drawings.
Model development for other purposes will require additional fees. Electronic document transfers will be made in
accordance with Architect's standard protocols for the development,use,transmission,and exchange of digital data.
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
10
to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services,
the Architect shall be paid all non-disputed sums due prior to suspension. The Architect's fees for the remaining
services and the time schedules shall be equitably adjusted.
1.3.8.2 In connection with the work outlined in this Agreement, it is agreed and fully understood by the Architect
that the Owner may cancel or indefinitely suspend further work hereunder or terminate this contract either for cause
or for the convenience of the Owner, upon fifteen(15)days' written notice to the Architect,with the understanding
that immediately upon receipt of said notice all work and labor being performed under this Agreement shall cease.
The Architect shall invoice the Owner for all work 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 full for all services performed by the Architect,ail 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,subject
to any record-keeping requirements imposed on the Architect by the TBAE or other similar regulatory 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 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 $1,500.00,are included in the not-to-exceed sum for
compensation for the Architect's services and include expenses incurred by the Architect and the Architect's
employees and consultants directly related to the Project,as described in 1.1.2.4.13.
1.3.9.3 Records of Reimbursable Expenses,of expenses pertaining to a Change in Services,and of services performed
on the basis of hourly rates or a multiple of Direct Personnel Expense shall be promptly provided to the Owner or the
Owner's authorized representatives.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project
and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as
employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee
retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both the Owner and the
Architect.This Agreement comprises the documents listed below.
1.4.1.1 Architectural Services Agreement between Owner and Architect.
1.4.1.2 Other documents as follows:
11
Exhibit"A"
"Supplemental Agreement No. I"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 ADAFFAS 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.ITAS 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.
1.5.3 The Architect shall be compensated as follows.
Pre-Design Phase Services: Stipulated sum of$29,560.00
Design Phase Services: Stipulated sum of$45,375.00
Construction Document Phase Services: Stipulated sum of$96,350.00
Procurement Phase Services: Stipulated sum of$18,210.00
Construction Phase Services: Stipulated sum of$135,905.00
Additional Services Allowance: Hourly Rates set forth in Fee Schedule in an amount not-
to-exceed$45,000.00
1.5.4 Compensation for Architect's Additional Services: as negotiated and memorialized in supplemental
agreement(s).
1.5.5 Standard Hourly Rates: As indicated in Architect's 2025 Fee Schedule. Rates will remain in effect until
December 31 st of the Schedule year and any increases will be limited to 5".o per annum in that and subsequent calendar
years.
ARTICLE 1.6 MISCELLANEOUS
1.6.1 Statement of Jurisdiction: The Texas Board of Architectural Examiners,333 Guadalupe,Suite 2-350,Austin,
Texas 78701, telephone (5 12) 305-9000, has jurisdiction over complaints regarding the professional practice of
persons registered as architects in Texas.
1.6.2 In accordance with Chapter 2271,Texas Government Code,a governmental entity may not enter into a contract
with a company for goods and services unless the contract contains written verification from the company that it:(1)
does not boycott Israel; and(2)and will not boycott Israel during the term of the 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.
12
1.6.3 In accordance with Chapter 2274. Texas Go%enimcnt Code. a govemnrental entity may not enter into a
contract with a company with at least ten(10)full-time employees for a value of at least One Hundred Thousand and
No-IM Dollars($100,00000) unless the contract has a provision in the contract verifying that it: (1)does riot have a
practice,policy,guidanee or directive that discriminates against a firearm entity or firearm trade association;and(2)
"ill not discriminate during the ternm of the contract against a firearm entity or Eireann trade association. The signatory
executing the Agreement on behall'of Architect verifies Architect does not have a practice, policy, guidance, or
direcme that discriminates against a firearm entity or Eireann association.
1_6.4 In accordance with Chapter 2274, Teras Government Code, a governmental entity may not enter into a
contract%%ith a company«uh at least ten(10)full-time employees for a value of at least One Hundred Thousand and
No'100 Dullars($100.000.00)unless the cuntract has a provision in the contract verifying that it:(1)does not boycott
energy companies: and (2) will not boycott energy companies during the term of this Agreement. "I he signatory
executing the Agreement on behalf of Architect verifies Architect dues not boycott energy companies,and it %%ill not
boycott energy companies during the term of this Agreement.
This Agreement entered into as of tiro clay and veal'first written above.
OWNER ARCHITECT
CITY OF ROUND ROCK,TEXAS NICKINNEY YORK ARCHITECTS
By: Bv:
Craig Morgan,flavor Brian Carlson,AIA
Date:_—.. ---- — Date: df/ZOuj� t
Al TESI:
By:
Ann Franklin,Cit Clerk
FOR CITY,APPRON'ED AS TO FORA:
BN:
Stephanie L.Sandre,City Utornei
13
Exhibit "A"
McKINNEY YORK
"chllects March 7,2025
Hayden Schiller
Project Manager- Build ng Construction
General Services Division
212 Commerce Blvd
Round Rock,Texas 78664
Phone 737-329-6596
Transmitted via ema- to Q,�t:hiller(�rQ�ndrOck;ex�;;.yc;v
Re:City of Round Rock,Fire Stat on No 11
Dear Hayden,
Thank you for the opportunity to provide you with this proposal for design services for the
City of Round Rock(CORR), Fire Station Number 11. We value the relationship with Round
Rock and the General Services Division.
Where this proposal references the Agreement or Supplemental Agreement it refers to an
Agreement identical to that between McKinney York Architects and the City of Round Rock
for Fire Station#10 dated June 27,2024 except where exceptions are noted in this proposa
Initial Information
Project Description: The project is to make mod fications to the City of Round Rock
prototype fire stat on to suit the site selected for Fire Station Number 11 and implement
minor adjustments and improvements The current operat ve prototype is represented by
the design for Fire Station Number 10 which -s under construction. That station represents
an evolution of the initial prototype station des;gned by Wiginton Hooker Jeffry P C
Architects
Objective or Use:A Fire Station.
Location:The project location is on the north s°de of Ascension Seton WiViamson Hospital,
at the corner of North A.W. Grimes B vd and Un versity Blvd,Round Rock,Texas.The site is
approximately X acres
Owners Program: The program shail be ident!ca' to that represented by the construction
documents for Fire Station Number 10(FS 10),draw ngs of which McK-nney York Architects
(MYA)has in possession,with the fo'owing program amendments
1. Addit on of Police North Sate,ite Offices.
2. Addition of 2"j floor storage above Work Room and Fitness.
Cost of the Work:The Cost of the Work plus the cost for construction of work des gned by
the Owner's other project des gn consultants collectively represents the Construct,on Cost
Based on the reported construct on costs for Fire Station Number 10, and account ng for
escalation in construct on costs s nce that time, it is anticipated that the Cost of the Work
1301 E 71"St,Austin,TX 78702 ; ph 512 476 0201 1 www nlekinneyyork com t,
Exhibit "A"
(Construction Cost) of the current design is $9,660,000. With the additional program
identified and anticipated changes to the foundation design to accommodate site
challenges, we anticipate add ng $900,000 to the cost of the work to arrive at a total of
$10,560,000. The build ng portion could be approximately $8,800,000. The Site Work,
Landscaping, and Ut, ties cost making up the remaining portion of the Construction Cost
could be approximately$1,760,000
Procurement: The Owner intends to secure the contract for construction utilizing a
Competitive Sealed Proposal(CSP)method
Other Initial Information:
1. Applicable Building Codes The follow ng Budding Codes are reflected in the most
current Prototype design. Changes to accommodate changes to these codes are
explicitly excluded from the Architect's services.
2015 International Building Code(2015 IBC)and Appendices.
• 2015 International Fire Code(2015 IFC)
2015 Internat,onal Energy Conservation Code(2015 IECC).
• 2015 International Mechan cal Code(2015 IMC)
• 2015 Internationa Plumb ng Code(2015 IPC)
2023 Nationa Electric Code(2023 NEC).
2. Local Amendments to these Codes are in the Round Rock Code of Ordinances Part
III (Zoning and Deve opment Code), Chapter 8 (Zoning and Development
Standards);Article X. (Buildings and Building Regulations).There are amendments
to most of the codes, however, there are extensive amendments to the Electrical
Code contained in Divls on 9
3. Applicable Land Development Regulations Part III of the City of Round Rock Code
of Ordinances.
4. Sustainable Objectives Code Requirements on'y
5. Reviews: There will be an initial review of the updated prototype by the General
Services Division that will take place at a meeting during which CORR will provide
all their comments on the updated plans.The General Services Division will provide
a courtesy briefing on the plans to the users follow ng that presentation,however,
the users will not be a'lowed to comment Following submittal of 95% CD's there
will be a 3-workday period during which the CORR General Services Division and the
users will review the CD's and prov de f nal comments prior to the Architect
completing the CD's
Architect's Representative(s)
Name: Patricia Hunt.Associate,AIA.RID,LEED AP
Title Project Manager
Phone. 512-852-0283
Email ghunt(@mckinneyyork.com
1301E 7t"Si,AuSUn,TX 78702 1 $5124766201 1 wwrw.mckinne/york.com 1 o'
Exhibit "A"
Owner's Representative(s)
Name Hayden Sch'ller
Title Project Manager
Address: 212 Commerce B A.,Round Rock,Texas 78664
Phone 512-671 2890(Office),737-329-6596(Mobi e)
Email pschil'er@roundrocktexas.gov
Architect's Design Team(Consultants)
Structural Engineer: Structures PE,LLP
MEP: Aptus Engineering
Registered Accessibility Specialist:Development Associates
Owner Provided Design and Specialty Consultants:
Civi Engineer:2P Consu tants
Landscape Architect/Irrigation Designer:Studio 16:19
Geotechnical and Material Testing: TBD
Geological and Environmental: TBD
Surveying TBD
Responsibilities of the Parties
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
Owner's Responsib lities As described in 1 2 2 of the Agreement and in Article III of the
Supplementa Agreement No 1 to that agreement except as follows.
The Owner shall grant Architect all permissions and authorizations to use the prototype
fire station design necessary for the legal performance of all of the Architects services
related to this Project.
Architect's Responsibilities:As described in 1.2.3 of the Agreement except as follows.
In accordance with Texas CIVIL PRACTICE AND REMEDIES CODE § 130.0021, the
Architect's services and those of the Architect's consulting engineers shall be performed
with the professional skill and care ord nar ly provided by competent architects or
engineers, respectively, practicing under the same or similar circumstances and
professional license(Standard of Care)
1301 E 71"St,Austin,Tx 78702 1 ph 512 476 0201 1 www.mckinneyyork.com
Exhibit "A"
Terms and Conditions
The terms and conditions shall be as described in Article 1.3 of the Agreement except as
follows.
The amount of reimbursable expenses included in the not-to-exceed sum for compensation
is$1,500.
Scope of Services and Other Special Terms and Conditions
As described in Article 1.4 of the Agreement except as follows.
The scope of the Architect's services shall be those enumerated in the Supplemental
Agreement No. 1 except as follows.
1 The Professional architectural services and design services are related to the
fol owing:City of Round Rock Fire Station Number 11.
2. Compensation shall be as described under the Compensation heading within this
proposa letter
3. Architect's Basic Services include only Architecture and Structural, Mechanical,
Electrical,and Plumbing engineering,and Registered Accessibility Specialist.
4 The Structura'Engineer ng services provided by the Architect shall be limited solely
to those described in the STRUCTURESPE, LLP Professional Services Agreement
Fee Proposal to Brian Carlson,Principal,McK'nney York Architects dated 3/6/2025
The Mechanical, Electrical, and Plumbing Engineering Services provided by the
Architect shall be limited solely to those described n the Aptus Eng neering
Proposal for Mechanica, E ectrical,and P umbing Engineering Design Services for
Fire Station No 11 City of Round Rock to Brian Carlson. Prinapal,McKinney York
Architects dated 3/7/2025.
Compensation
As described in Article 1 5 of the previous Agreement between the Owner and Architect for
F re Station#1 except as follows.
• Predesign Phase Services St pu ated sum of$29,560
Design Phase Services Stipulated sum of$45,375
Construction Document Phase Services St pulated sum of$96,350
• Procurement Phase Services St1pu'ated sum of$18,210
Construction Phase Services Stipulated sum of$135,905
• Additiona Services Allowance Not to exceed sum of$45,000
The Compensation above inc udes an amount of$1,500 in total for reimbursab a expenses
Compensation for Architect's Additional Services As negot ated and memor a"zed in
supplemental agreement(s).
1301 E T^Sl,Austin,TX 78702 1 ph 512 476 0201 1 www.mckinneyyork corn
Exhibit "A"
Standard Hourly Rates:As indicated in Architect's 2025 Fee Schedule Rates will remain in
effect until September 305'of the Schedule year and any increases will be limited to 5%per
annum in that and subsequent calendar years.
Miscellaneous Provision
Statement of Jurisdiction: The Texas Board of Architectura Exam ners, 333 Guadalupe,
Suite 2-350, Austin, Texas 78701, telephone (512) 305 9000, has jurisd ctlon over
complaints regarding the professional practice of persons registered as architects n Texas.
Project Interruptions: Because of the substantial cost incurred by the Architect to stop and
restart a project once it is underway,should the Project's progress be halted at any t me for
60 or more days by the Owner, for any reason, a project restart fee of 5%of the total fee
earned to date,shall be due and payable immediately.
Conclusion
We are looking forward to working with you on this project If this proposal is acceptable to
you,please return a signed copy of the Contract and Supplement to us for our s gnature.We
are looking forward to working with you on this project.
Feel free to call if you have any questions.
Sincerely,
Brian Carlson,AIA
Principal,McKinney York Architects
Attachments:
• Exhibit A MYA 2025 hourly rate schedule
Exhibit B MYA 2025 reimbursable rate schedule
• Exhibit C Des gn Team Worksheet Summary
• Exhibit D: McKinney York Architects Design Team Fee Worksheet
Exhibit EStructures Proposal Letter dated 3/6/2025
• Exhibit F Aptus Proposa Letter dated 3/7/2025
• Exhibit G:Development Associates Proposal Letter dated 3/7/2025
Exhibit H List of Possib'e expanded Services that are NOT included
cci file
The l exas Board of architectural Examiners has jurisii ction over complaints
regai ding the professional practice of persons registered as architects in Texas.
Texas Board of Architectural Examiners I PO Box 12337,Austin,TX 78711-2337
ph 512 305 9000 I wv,w tbae.state t x us
1301 E T St Austin,TX 78702 I ph 512 476 0201 I wwev.mckmneyyork com
Exhibit "A"
Exhibit A - 2025 Fee Schedule
AW
Admin Coordinator $140/hour
Admin Mgr I $175/hour
Admin Mgr II $210/hour
Intern $100/hour
Designer $115/hour
Designer II $130/hour
Architect III/Designer II' $150/hour
Architect IV/Designer IV $165/hour
Architect V $185/hour
Architect VI S210/hour
Architect VII $235/hour
Architect VIII $270/hour
Architect IX $315/hour
Founder $315/hour
Principal $350/hour
Note:This fee schedule is effective through September 30,2025 Rates will be adjusted annually to reflect
changes in employee costs.
McKinney York Architects
1301 E 71^St,Austin TX 78702 1 >�'
Exhibit "A"
Exhibit B - 2025 Reimbursable Expenses Schedule
In addition to the fee,the fo lowing will be invo ced as reimbursable expenses with applicable multiplier.
in-house printing and plots
Black and White Copies $0 20 each
Color Copies $0.30 each
Transbond Plots/Copies $8.00 each
Outsourced printing and plots
Project travel to locations outside of the county of the MYA office providing services —85%of standard
hourly rates
Mileage - current IRS Standard Mileage Rates for travel outside county of the MYA office providing
services
Postage,handling,and delivery charges
Furniture and fixture purchases
Attorney's fees&Architect's time for review and negotiat on of agreements with third parties or lenders
Other direct project expenses
Note:This rate schedule is effective through September 30,2025. Rates will be adjusted annually to reflect
changes in costs
Exhibit "A"
Exhibit C
City of Round Rock Fire Station 11 3/7/2024
Design Team Fee Worksheet Summary
Phase Discipline
Predesign $29,560
McKinney York Architects Architecture $23,560.00
Aptus Engineering MEP Engineering $4,000.00
Structures Structural Engineering $2,000.00
Design Phase $45,375
McKinney York Architects Architecture $23,875.00
Aptus Engineering MEP Engineering $12,500.00
Structures Structural Engineering $9,000.00
Construction Documents $96,350
McKinney York Architects Architecture $59,950.00
Aptus Engineering MEP Engineering $30,000.00
Structures Structural Engineering $6,400.00
Procurement $18,210
McKinney York Architects Architecture $7,770.00
Aptus Engineering MEP Engineering $6,000.00
Structures Structural Engineering $3,000.00
Development Associates Registered Accessibility Specialist $1,440.00
Construction Phase Services $135,905
McKinney York Architects Architecture $89,895.00
Aptus Engineering MEP Engineering $25,000.00
Structures Structural Engineering $20,000.00 _
Development Associates Registered Accessibility Specialist $1,010.00
Additional Services Allowance $45,000
McKinney York Architects Architecture $20,000.00
Aptus Engineering MEP Engineering $15,000.00
Structures Structural Engineering $10,000.00
Reimbursable Allowance $1,500
Total $371,900
Exhibit "A"
Exhibit D
Chy Of Round Rock Flre Station 11 _ 3/7/2025
Design Team Fee Worksheet
McKinney York Architects
Duration Principal Architect VI Architect IV Designer II Admin Manager I
(weeks)
$ 350.00 $ 210.00 $ 165.00 5 130.00 S 175.00
Predesl 3 $23,S60.00
Project Meetings and Management 6 6 6 1 $4,31S.00
Programming 4 12 14 $5,740.00
Multiple Preliminary Designs 2 8 4 14 $4,860.00
Mirror prototype revel model for predesrgn purposes 2
16 $2,500.00
Site Planning 2 8 1 14 $4,365.00
Quality Contrd 2 2 4 $1.780.00
Design Phase 4 $23,875.00
Prolect Meetings and Management 6 12 8 1 S5,835.00
Mirror prototype details and sect ons for construction documents 4 24 $3,960.00
Architectural Documentation 12 16 $4,600.00
Architectural Specifications 12 16 $4,600.DO
Quality Control 4 4 16 $4,880.00
Construction Documents 8 $S9,9S0.00
Project meetings and Management 10 22 16 2 51c),550 Do
Architectural Documentation 42 84 1 $19,740.00
Architectural Specifications 1 42 24 $11,940.00
Consultant Coordination 36 24 $10,680.00
Quality Control 4 8 24 $7,040.00
Procurement 12 $7,770.00
Project Meetings and Management 2 16 2 2 $4,670.00
Addenda 2 4 12 $3,100.00
Construction Phase 52 $89,89S.00
Progress Meetings(24) 26 78 52 13 527,755.00
Site Visits(12)and Fietd Reports(rev.of GC FR) 26 78 $15,600.00 _
Change Order Preparation and Remew 10 24 $5,220.00
RFI Responses 24 48 $11,280.00
Submittal Reviews 48 72 $19,440.00
Certificate of Payment Reviews 4 12 0 S3,920 OD
Punch List and Closeout 12 321 56,680.00
Additional Services Aduwance $20,000.00
ReimEursable AIIOwatlCe $11500.00
Exhibit "A"
STRUCTURESPE,LLP
Exhibit E PROFESSIONAL SERVICES AGREEMENT
CITY OF ROUND ROCK FIRE STATION NUMBER 11
March 6, 2025
Mr. Brian Carlson, AIA, LEED AP BD+C
Principal
McKinney York Architects
1301 E 7'"Street
Austin, TX 78702
bcarison(amckinnevrork corn
Dear Brian,
The following proposal outlines our project understanding and our proposed approach, services and fees
for your project. This proposal serves as an indication of what you should expect from us as your structural
engineers.
PROJECT DESCRIPTION
We understand the project to consist of the new City of Round Rock Fire Station 11 located at the
intersection of North A.W. Grimes Blvd. and University Blvd. From your email dated March 4, 2025 we
understand the project will include the following:
Fire Station Building
The Fire Station will be a 4-bay model, identical to Fire Station 10 that is currently under construction with
the following exceptions.
1) Site constraints require that the building be mirrored.
2) Add approximately 500 square feet to the building for the addition of a police substation.
3) Addition of retaining walls to accommodate a sloping site
4) Revision to the foundation design to accommodate a sloping site
5) Redesign Foundation per new geotechnical report.
Miscellaneous Structures
• Light pole foundations
• Foundations for exterior generators and transformers
• Foundations and enclosures for dumpster facility
Geotechnical Information Submitted
No geotechnical information provided at the time of this proposal
Delegated Design Items
The following items will be designed by specialty engineers for the project.-
*
roject:• Cold formed metal framing
Project Budget and Schedule
• Construction budget is estimated at$9,900,000.00
• Duration of design is approximately 4 months
• Estimated construction schedule is approximately 12 months
Structures Project No 25.054 Page 1 of 5
Firm No.F 3323 4315 Guadalupe St,Ste 301,Austin TX 78751 T 512 499 0919 www.structurestx com
Exhibit "A"
STRUCTURESPE, LLP
PROFESSIONAL SERVICES AGREEMENT
CITY OF ROUND ROCK FIRE STATION NUMBER 11
PROPOSED STRUCTURAL ENGINEERING SERVICES
Based on the project description and anticipated structural approach the scope of our services includes:
Basic Services
Predesign Phase
• Participate in one Initial concept meeting with the protect design team and key stakeholders in
Austin, Texas
• Review site and project requirements
• Consult on changes to structural systems
• Submit structural narrative to illustrate the general components and layout of the structural systems
Design Phase
• Assist in coordination of structural systems with systems used by the architect and other
consultants
• Attend up to two team design phase coordination web conference meetings.
• Prepare structural design development drawings with Revit software using the compatible
architectural electronic backgrounds or building Information models for the following:
Foundation plans
Framing plans
Lateral bracing plans
Sections and details
Bracing system details
Material schedules
General structural notes
• Submit design drawings in pdf format at set deliverable stages
• Submit Revit models at set deliverable stages
• Submit outline specifications for structural systems in Microsoft Word or pdf format
Construction Documents
• Further develop the design development documents into structural contract plans for construction
using updated and coordinated architectural electronic backgrounds or building information models
• Assist in coordination of structural systems with systems used by the architect and other
consultants
• Attend up to two project team coordination web conference meetings during the construction
document phase
• Consult on non-structural elements, assess their Impact on the primary structural system, and
design the structure to accommodate and support these elements, such as curtain walls, non-
monumental steel stairs, railings, miscellaneous metals, and elevators.
• Establish material testing and inspection requirements for structural items
• Submit structural construction documents in pdf format at set deliverable stages
• Submit Revit models at set deliverable stages
• Submit specifications for structural systems in Microsoft Word or pdf format
Procurement
• Clarify structural drawings
• Prepare addenda and RFI responses
• Review submitted construction cost Information for structural components
Structures Project No 25 054 Page 2 of 5
Firm No F-3323 4315 Guadalupe St,Ste 301,Austin TX 78751 T.512 499.0919 www.structurestx.com
Exhibit "A"
STRUCTURESPE, LLP
PROFESSIONAL SERVICES AGREEMENT
CITY OF ROUND ROCK FIRE STATION NUMBER 11
Construction Administration
• Prepare addenda and RFI responses
• Review shop drawings and submittals
• Clarify plans
• Project correspondence during construction
• Make a maximum of 3 periodic site visits for general site observations
• Provide as-built documents based on information provided by the general contractor
Building Information Model Level of Development
The level of development of our building information models will have model elements graphically
represented as a specific system, object, or assembly in terms of quantity, size, shape, orientation, and
interfaces with other building systems for the primary structural components. Miscellaneous structural items
that include,but not limited to:steel lintels,steel framing around openings beam bracing,connection plates,
anchoring, concrete reinforcing steel, and stud wall framing will not be modeled. These items will be
indicated on plans and/or details. Delegated design items or specified proprietary structural items provided
in our models are graphical representations only and may not accurately depict the delegated designer's
or manufacturer's product. Major openings that are 12 inches or larger on a given side or diameter and floor
depressions provided in the architectural or MEP models that a have a sufficient level of development will
be included. Other smaller miscellaneous openings through structural assemblies such as from plumbing
or electrical penetrations will not be modeled.Additional fees are required should you request that structural
models exceed the proposed level development.
Structural Design Criteria
The basis of design of all structural components for strength, serviceability, and deflection requirements
serves to satisfy the minimum requirements set forth in the current edition of the International Building
Code, IBC, unless we are notified of more stringent criteria required.
POTENTIAL ADDITIONAL SERVICES
Additional services are a result of unforeseen project demands and include but are not limited to the
following:
• Changes to substantially completed and coordinated work as a result of architectural or other
consultant revisions. Changes are considered items that alter the structural components that
require redesign efforts for items that have been previously coordinated and considered
substantially complete.
• During construction, the required redesign or revisions to completed structural drawings due to
unknown existing conditions
• Work associated with revising the design and/or documents to accommodate requested alternate
structural systems
• Consultation, review or design associated with non-structural elements and their attachments or
redesigning previously engineered elements
• Work required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of documents
• Work resulting from corrections or revisions required because of errors or omissions in construction
by the contractor or subcontractors
• Delays in the design or construction schedule that exceed 90 days
SERVICES EXCLUDED FROM BASIC SERVICES (BUT NOT LIMITED TO)
• Design and detailing of sitework including paving, sidewalks, flag and high mast light foundations
(poles over 30 feet in height), retaining walls with less than four feet of retained earth and bollards
Structures Project No 25 054 Page 3 of 5
Firm No F-3323 4315 Guadalupe St Ste 301.Austin,TX 78751 T 512 499 0919 www structurestx corn
Exhibit "A"
STRUCTURESPE,LLP
PROFESSIONAL SERVICES AGREEMENT
CITY OF ROUND ROCK FIRE STATION NUMBER 11
unless specifically included above
• Structural engineering design and detailing of specialty engineered building systems including but
not limited to the following performance specified items
Performance specified steel framing
Cold-formed metal framing at the exterior and interior conditions
• BIM modeling of miscellaneous and minor structural items as noted above
• Geotechnical investigations and material testing
• Design of a structural slab system for the ground floor
• Detailing or specification of waterproofing or dampproofing. Structures PE, LLP may graphically
indicate these items as appropriate and designate these items as work specified elsewhere in the
Construction Documents
• Construction Administration.
Additional structural observations or site visits beyond the number listed above
Review of formwork and shoring drawings
Updating or provision of the BIM model for construction coordination
• Special inspections or responsibility for special inspections as the registered design professional in
responsible charge(as defined by the International Building Code)
• Assistance with the permitting process
PROPOSEDFEE
Fee for Basic Services
Structures will provide the described basic services for a flat fee of$40,400.00.
We will invoice towards the project based on the following phases unless agreed to otherwise:
Predesign . ......................$2,000.00
Design... ..............$9,000.00
Construction Document..................................................................................$6,400.00
Procurement...............................................................................................$3,000.00
Construction Administration...........................................................................$20,000.00
Foundation Consideration
This basic fee is based on a conventional grid stiffened concrete slab on grade foundation system. In the
event that a soils investigation requires a suspended foundation system or any system other than a
conventional type foundation system, the basic fee shall be renegotiated.
Fee for Additional Services
Additional services for potential minor changes or additions to the scope of the project will be billed at an
hourly rate not to exceed $10,000.00 unless approved otherwise.
Fees for additional services provided will be billed at the hourly rates described under the Billing/Payments
section of this proposal.
Reimbursable Expenses
Reimbursable Expenses include expenses incurred by Structures in the interest of the project and will be
billed in addition to the proposed fee.
• Mileage
BILLING/PAYMENTS
Structures Project No: 25 054 Page 4 of 5
Firm No:F-3323 4315 Guadalupe St,Ste 301,Austin, TX 78751 T:512 499.0919 www structurestx com
Exhibit "A"
STRUCTURESPE,LLP
PROFESSIONAL SERVICES AGREEMENT
CITY of ROUND ROCK FIRE STATION NUMBER 11
Hourly Rates
Hourly rates are subject to change on an annual basis.
Principal....................................................................................................:..............S225ihr
Associate Nrx*d.......
Sr. Project Manager.................................................................................................$1t35Jhr
ProjectManager.......................................................................................................$17(w
Prcject Engineer.......................................................................................................51551hr
Engineerin Training It..............................................................................................3145 hr
Engineerin Training t............................................................................................. .$f 35slhr
Designer.. . .....................................................................................................S135/hr
Invoices
On the second week of each month, we will invoice towards fees fused upon the completion of services.
This proposal is valid untA December 31, 2025. We look forward to the opportunity to work with you. If
you have any questions regarding our proposal,please contact us.
Sincerely,
Nikki Montoya, P.E.
Senior Protect Manager
Structures Project No: 25.054 Page 5 of 5
Firm No:F-3323 4315 Guadalupe St.Ste 301.Austin.TX 78751 T.512.499.0919 www slruclurestx corn
Exhibit "A"
APTUS Exhibit F
ENGINEERING
March 7,2025 Proposal No. P25-033
Mr. Brian Carlson,AIA, LEED AP BD+C
Principal
McKinney York Architects
1301 East Seventh Street
Austin,TX 78702
Re: Proposal for Mechanical, Electrical and Plumbing Engineering Design Services for
A.W. Grimes Blvd.and University Blvd., Round Rock,Texas I City of Round Rock
Dear Brian,
We appreciate the opportunity to submit the proposal for Mechanical, Electrical and Plumbing(MEP)
Engineering Design Services in reference to the above-mentioned project. Based on the email
description dated March 4, 2025,we understand that the project consists of:
1. The Fire Station will be a 4-bay model, approximately 14,OOOSF,identical to Fire Station 10 that
is currently under construction with the following exceptions.
a. Site constraints require that the building be mirrored.
b. Add approximately 500 square feet for the addition of a police substation. Likely on own
mechanical system.
c. Structural changes to the foundation design to accommodate sloping site.
d. Addition of retaining walls to accommodate sloping site.
e. Account for Foundation design changes per forthcoming geotechnical report.
f. Change siding to masonry on the elevation that will be facing Old Settlers
2. Construction Budget is estimating to be approximately 9.9M
3. Proposed Schedule
a. Predesign (Programming, design of addition Start) 3/31/2025
b. Design Phase Services Start 4/21/2025
c. Construction Document Complete 7/31/2025
d. Bid Q4 2025
e. Start Construction Q1 2026
f. Complete Construction Q1 2027
We propose to provide the MEP design and construction administration service as described below.
Upon your review of this proposal,we would appreciate the opportunity to discuss with you to review
and further clarify the project and scope as presented. We look forward to assisting you in the
development of this project. Please call or email us if you have any questions.
Sincerely,
A4411/
Sujay Regmi, PE
Managing Principal
APTUS Engineering LLC 1 1005 E Saint Elmo Rd, Bldg 7, Austin TX 78745 ) 512.872.5059 1 aptuseng.com
TBPE Firm # 15962
Exhibit "A"
APTUS
fi•ENGINEER ING
Based on our understanding of the project scope,we propose to provide the following specific services:
A. Basic Services shall consist of the following:
1. Design Phase
a. Site Investigation including tour of existing site.
b. Modify prototype design to incorporate any changes made during construction of
previous project and owner requested changes.
2. Construction Document Phase
a. Review of existing site conditions.
b. Review applicable codes.
c. Compile design criteria and system descriptions upon review of Owner's preliminary
information defining requirements.
d. Coordinate space requirements and weights for MEP systems.
e. Prepare a typical layout for:
i. HVAC
ii. Lighting
iii. Power
iv. Plumbing
f. Prepare system flow charts and risers.
g. Utility company coordination.
i. Determining the utility company equipment and service requirements at building.
This coordination pertains to point of service requirements on the building and
anticipated loads. It does not include coordination of easements and design of the
site utility systems.
ii. Coordination with Oncor for Transformer.Transformer and electrical Service.
iii. Two meetings with each utility company to present the plans and coordinate their
required equipment provisions.
h. Coordinate with the civil engineer for water,sanitary and storm sewer,and fire main
services.
3. Bidding/Negotiation/Permitting Phase
a. Submit drawings to authorities having jurisdiction for approval other than permitting.
b. Revise drawings to address the building permit review comments.
c. Attend City Permit Review Meeting.
d. Incorporate any design changes made as part of the contractor's input
e. issue final construction document.Scope does not include design modifications as a result
of the value engineering after the permit set has been issued.
2
Exhibit "A"
APTUS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIENG
S. Design Meetings
a. Meetings during the design phases are limited to 10 meetings,for the purposes of
coordinating design criteria and are limited to a maximum of 2 hours each.
6. Construction Administration Phase
a. Review submittals for equipment and systems as required by the specifications.
b. Provide site visits, during construction and prepare field reports documenting conditions.
We have budgeted Three(3)site construction visits and Two(2) punch list visit.
B. Design Services shall consist of the following:
1. Electrical Distribution System including,
a. Customer's electrical service entrance,
b. Oncor Transformer and secondary service
c. 120/208V interior power distribution in core/public area,
d. Building exterior/facade lighting,
e. Exterior signage illumination,
f. Interior lighting and switch layout,
g. Power to landscape and irrigation systems, if applicable,
h. Surface Parking and Site Lighting,
i. Emergency Backup Generator.
2. Heating,Ventilation,and Air Conditioning System including,
a. Dedicated Outside Roof Top Air Pretreatment Air Handling Units.
b. Air Handler Units and associated controls including, supply and return air distribution
ductwork plans with sizes and schedules.
c. Point of use air conditioning systems for it/server rooms (if required),
d. Restroom exhaust,
e. Building HVAC automation system.
f. Mechanical Specification.
3. Plumbing System including,
a. Incoming water service (to five (5)feet outside the building),
b. Sanitary and vent piping,
C. Domestic hot and cold water piping,
d. Natural gas piping,
e. Roof storm drains,
f. Water softener system,
g. Solo Washing Machine.
3
Exhibit "A"
APTUS
ENGINEERING
4. Fire Protection System
a. Performance specifications and fire entry/standpipe location,
b. Note that actual fire pump selection,sprinkler piping and head design/layout by Fire
Sprinkler Contractor and is not included in the scope.
5. Fire Alarm System
a. Performance specification and Fire Alarm Control Panel Location.
b. Note that Fire Alarm Design and Device Layout by Fire Alarm Contractor and is not
included in the scope.
6. Mechanical and Lighting ComCheck
a. Completion of required mechanical and lighting energy performance compliance forms
7. Deliverables to include:
a. Design Phase Document
b. 75%CD Progress Set
c. Permit Set
d. Final Construction Document
C. Additional Services Allowance
This service is intended to be used for any future scope or design changes.The allowance is estimation
only and a formal fee proposal will be presented when the scope is defined.
D. Reimbursable Expenses
The following expenses are in addition to basic services and additional services compensation and will
be invoiced at Cost:
1. Out of pocket expenses such as air fare, lodging,courier and mileage expenses.
2. Reproduction of construction documents.
E. Compensation
We propose to provide the specific services described above as follows:
Fee Basis Fee
A+B Basic and Design Services
1.Pre Design lump Sum $4,000.00
2.Design Phase Lump Sum $12,500.00
3.Construction Documents Lump Sum $30,000.00
4. Permitting/Bidding Lump Sum $6,000.00
5.Construction Phase Services Lump Sum $25,000.00
TOTAL(A+B) $77,500.00
C. Additional Services Allowance Lump Sum $15,000.00
D. Reimbursable Expenses LCost
4
Exhibit "A"
APTUS
IIIIIIIIIIIIIIIIIIIIIENG
F. Project Approach
1. MEP design services will commence upon execution of a professional service agreement. MEP
drawings will not start until the architectural plans are final and approved by the Owner.
2. We will coordinate with the Architect to define the schedule for the project and completion of
construction documents.
3. Any client driven changes after 100%construction documents have been submitted will be
performed at an hourly fee.
4. Progress drawings will be made available electronically for review and coordination with the
Architect and Owner.
G. Additional Services
Please note that the above fees are based on a smooth project implementation and have assumed no
major changes to the project after we begin our design services. Work outside the scope of services
described above will be considered as an additional service and our design services shall commence
only after a written approval by your office.
Additional services and assumptions include, but are not limited to the following
• Revisions to previously performed work as a result of changes to the original design criteria.
• Preparation of Construction Documents for alternates.
• Detailed Estimates of Construction Cost.
• Additional job site visits requested by Client.
• Attendance at meetings as requested by Client other than those described in the proposal.
• Increased services resulting from changes/increases in Project scope or scope resulting from
Project assumptions as defined in the proposal which prove to be incorrect.
• Review of shop drawing or submittal data in addition to the services defined in the proposal.
Work provided outside the above scope of services will be provided at our standard hourly rate
in accordance with Attachment "A. Rates will remain in effect until December 31st of the
Schedule year and any increases will be limited to 10% per annum in that and each subsequent
calendar years.
H. Payments
Progress invoices will be issued monthly and are due within 30 days of receipt. Monthly interest of
1.01/6 will be charged on outstanding invoices 30 days or more past due. All applicable taxes are not
included in the fee amounts presented above and will be added to invoices as applicable.
I. Clarifications
Scope clarifications include:
• Architectural backgrounds will be provided by the Architect in AutoCAD or Revit.
• All MEP drawings will be created using AutoCAD or Revit.
• Symbols for locations of low voltage devices will be shown on the MEP plans. However, low
voltage electrical systems (such as telecommunications, security, and cable TV) cabling and
systems design will be provided by others.
• Lighting design for all public spaces, landscape and hardscape including fixture data sheets
and layout in CAD format shall be provided by the Architect, Interior Designer, or Landscape
Architect.
5
Exhibit "A"
APTUS
ENGINEERING
• Other than the electric service utility plans and raceway for telecommunication and CCN,
all other site utilities such as natural gas, water, sanitary, and storm water shall be provided
by others.
J. Exclusion
• Building permitting services is excluded. We shall support the permit process by responding
to the City's permit comments.
• Design of sub-surface drainage systems. Storm, sanitary sewer, domestic water, and fire
protection piping beyond 5'-0" outside of building perimeter.
• Design of low voltage data or communications cabling/system,security and access systems.
• Design of public address systems or audio/visual systems.
• Design of parking systems or access systems for the parking garage.
• Light Fixture selection and layout for Exterior building and landscape Interior building.
• Design of rainwater collection system and/or gray-water systems.
• Design of PV system.
• Building Commissioning is excluded.
• LEED Certification is not included.
• Energy Model is not included.
b
Exhibit "A"
APTUS
ENGINEERING
March 7, 2025 Proposal No. P25-033
Mr. Brian Carlson,AIA,LEED AP BD+C
Principal
McKinney York Architects
1301 East Seventh Street
Austin,TX 78702
Re: Proposal for Mechanical, Electrical and Plumbing Engineering Design Services for
A.W. Grimes Blvd. and University Blvd., Round Rock,Texas I City of Round Rock
By signing below,the parties agree and affirm that each has reviewed and understands the provisions
set out in the proposal above and that each party shall be bound by each and all of said provisions.
Fee Basis Fee
A+B Basic and Design Services
1.Pre Design Lump Sum $4,000.00
2.Design Phase Lump Sum $12,500.00
3.Construction Documents Lump Sum $30,000.00
4. Permitting/Bidding Lump Sum $6,000.00
5.Construction Phase Services Lump Sum $25,000.00
TOTAL(A+8) $77,500.00
C. Additional Services Allowance Lump Sum $15,000.00
D. Reimbursable Expenses Cost
Accepted By:
CLIENT: McKinney York Architects APTUS Engineering LLC#F-15962
Signature: Signature:
Name: Name: Suiay Regmi, PE
Title: Title: Managing Principal
Date: Date: 03.07.2025
APTUS Engineering LLC 1 1005 E Saint Elmo Rd,Bldg 7,Austin TX 78745 1 512.872.5059 1 aptuseng.com
TBPE Firm# 15962
Exhibit "A"
APTUS
ENGINEERING
Attachment"A"
Standard Rate Schedule for 2025
The following rates are for work performed on an hourly charges basis. Rates include company overhead
and profit for services accomplished during regular working hours. Rates will remain in effect until
December 31st of the schedule year and any increases will be limited to 10% per annum in that and
each subsequent calendar years.
Direct Labor
Labor Catesory Hourly Rate
Managing Principal $235.00
Principal $205.00
Senior Project Manager $185.00
Project Manager $160.00
Project Engineer $150.00
Engineer $140.00
Engineer-In-Training $115.00
Senior Designer $115.00
Designer $95.00
Administration $95.00
Direct Expenses
Transportation Per IRS Rate
Courier& Delivery Service Cost+ 10%
Reproduction and other Direct Expenses Cost
End of Attachment
APTUS Engineering LLC 1 1005 E Saint Elmo Rd, Bldg 7, Austin TX 78745 1512.872.5059 aptuseng.com
TBPE Firm#15962
�t Exhibit "A"
MO l7n.,
Exhibit G
TDLR / TAS
Review& March 7, 2025
Inspection Proposal of Services, TAS Services for City of Round Rock Fire Station number I I
Mr. Brian Carlson
Services McKinney York Architects
1301 E 7th St
Austin,TX 78702
Established 1997 subject: Proposal of TAS-Review Services for:
City of Round Rock Fire Station number 11
Dear Mr.Carlson;
Development Associates is pleased to submit to our proposal of professional services for the
City of Round Rock Fire Station number I I project. Our group has a long history with
8213-A Accessibility, McKinney York Architects, Round Rock Firestation No 10& No3, and other
Shoal Creek prior Firestation renovation projects for the City of Austin as well which included 4 different
firestation renovations, including historic#02. We'd be pleased to be on your team for this
Blvd Suite 102 Project.
Austin, Texas Below is our proposal for the standard services required by TAS to be performed for your
project, which has been estimated to be constructed at a cost between $l 0m-$I 5m.
78757
$265 Project registration, if requested of Development Associates. Includes the flat $175
TDLR processing fee plus one hour of admin labor to verify the form & perform the
... registration
$925 Plan Review; includes review of plans, digital issuance of report, uploading to TDLR,
(512)459-2121 and follow up clarifications to Architect if required.
Inetic(RIdevassoc.net $1010 Final Inspection; includes the walk of the site, report to identify any non-conforming
items, project finalization and closure protocols,etc.
Martelie@
Debra@ Proposal Total: $2200 Not To Exceed for all services listed above.
Accounting@ Please do not hesitate to contact us if there are any questions.
Thank you for including us!
www devassoc net Mark S. Robinson, RAS #1561
Principal RAS/ President, Development Associates of Texas, Inc.
Exhibit "A"
Exhibit H
MCKINNEY YORK
architects
List of Possible expanded Services that are NOT included
• Measured drawings:
• Existing facilities surveys:
• Site evaluation and planning:
• Program Analysis:Analyze the Owner's building program with respect to the area required for
building;area required for parking,circulation,open space,and other program elements,and any
special constraints or requirements such as security,easements,and preserving habitat and
wetlands.
• Site Development Planning:Based on the preliminary site analysis and selection of a site,prepare
conceptual site development drawings which may include land utilization,structure placement
facility development,development phasing,access and circulation of vehicles and pedestrians.
parking facilities and utility systems.Analyze surface and subsurface conditions,ecological
requirements,deeds,zoning,and other legal restrictions,landscape concepts and features
• Meetings and Presentations:Attend meetings,public hearings,and citizen information meetings
as directed by the Owner.Represent the Owner in presenting the proposed development to the
governing agencies for approval.Prepare presentation materials for selected options and present
to the governing agencies at public meetings and hearings.
• Site Analysis and Selection:Analyze a site or sites designated by the Owner.Analysis may consist
of ownership,on-site observations,circulation systems and parking studies,topography analysts,
and analysis of deed,zoning and other legal restrictions,studies of availability of construction
materials,equipment and labor and construction markets.Evaluate the site studies to assist the
Owner in selecting the site for the Owner's project.
• Site Context:Describe physical characteristics and context of immediately surrounding area and a
general land use pattern,with a brief description of proximate development,such as agricultural
single-family detached residential,single-family attached residential,multi-family residential,reta 1,
commercial,office,light industrial,heavy industrial,public and semi-public use,park and open
space,vacant,or other appropriate land uses.
• Utility Studies:Establish requirements and prepare initial designs for the on-s to utilities wh ch
may include electrical service and distribution,gas service and distrbutton water suppy and
distribution,site drainage,sanitary sewer collection and disposal,process waste water treatment,
storm water collection and disposal,central-plant mechanical systems,fire systems,emergency
systems,security,pollution control,site illumination,and communications systems Analyze the
availability of existing utitity mains,transmission,and distribution lines
• Environmental Studies:Determine the need for environmental monitor ng.assessment ar•d impact
statements and prepare reports as required If required,attend public meetings and hearings
• Estimate of the Cost of the Work:Prepare a preliminary estimate of the cost of the work fur the
development of the site based on the Site Development Planning approved by the Owner
• Planning and Zoning Analysis:Identify and research applicable planning and zoning ord rances
Develop and present options to the Owner.
• Building Information Model management responsibilities
• Development of Building Information Models for post construction use
• Civil engineering
Landscape Architecture
• Geotechnical Engineering
• Environmental Consulting
• Warranty Phase Services
• Changes to designs to reduce costs
•
Value analyss
• Cost Estimating
• On-site project representation
• As-constructed record drawings
1301 E 7"St,Austin,TX 78702 1 ph 512 476 0201 viww mckinneyyork.com t of 7
Exhibit "A"
• Post occupancy evaluation
• Facility sipport services
• Architect s coordination of,rather than with the Owner s consultants
• Telecommunications/data design
• Security evauation and planning
• Commissioning
• Sustainable Project Services
• Fast-track design services
• Multiple bid packages
• Historic preservation
• Furniture,furrrshings,and equipment design
• Other services provided by specialty Consultants
• Graphics and Wayfinding
• Relocation planning
• Move management
• Modifications to the design to accommodate changes to code requirements
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 Fire Station No. I I with McKinney
Architects, Inc." for the following Project:
Professional architectural services and design services related to the following:
City of Round Rock Fire Station No. I l
Professional services for this Project shall include, but not be limited to, Pre-Design
Phase Services, Design Phase Services, Construction Documents Phase Services,
Procurement Phase Services, and Construction Phase Services. Architect shall be the
Architect of Record and shall be in charge of coordination of the consultants provided by
the Architect. The Architect shall coordinate the work of the Architect with the work of
the Owner's other design consultants. The Owner shall require the Owner's other
consultants to likewise coordinate their work with the work of the Architect. The Owner
shall also require their other design Consultants to coordinate the schedule for the
performance of their services with the Architects performance schedule to allow the
Architect to efficiently provide their services for their project.
This Supplemental Agreement No. 1 is made and entered into as of the same date of the
Agreement it supplements, that being the day of , 2025, and likewise is by and
between the same parties, those being the CITY OF ROUND ROCK, a home-rule municipal corporation
of Williamson and Travis Counties, Texas (hereinafter referred to as "City" and/or "Owner") and
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, civil,
architectural, design, structural, mechanical/electrical plumbing engineering services, confirming project
program and space requirements, document production, bidding-related services, and construction
observation services related to the Project; and
WHEREAS, total compensation for Architect's services under this Agreement shall be paid
pursuant to Exhibit "A" of the Agreement and shall not exceed: $371,900.00, including reimbursable
expenses in an amount not to exceed$1,500.00;and
4898-5268-4864'ss2
WHEREAS, as is recited in the Agreement this document supplements, City desires to contract
with Architect for the delineated professional services, and for the administration of the Construction
Contract during construction of the Project;and
WHEREAS, as is stipulated in the Agreement this document supplements, Architect has agreed
to provide such professional services for the compensation delineated previously and herein;
NOW, THEREFORE, City and Architect, in consideration of the terms, covenants and
conditions contained in the Agreement this document supplements and herein,hereby agree as follows:
ARTICLE I
SCOPE OF SERVICES AND COMPENSATION
1.01 Scope. Architect, as an independent contractor and professional consultant in its relationship
with the City, shall perform all professional services for the Project as set forth in the Agreement this
document supplements and herein.
1.02 Compensation. City shall compensate Architect in accordance with the terms and conditions as
recited in the Agreement this document supplements and herein.
Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly
authorized by City Council Resolution or City Manager action, Architect's total compensation hereunder
shall be paid pursuant to Exhibit "A" of the Agreement and shall not exceed Three Hundred Seventy-
One Thousand Nine Hundred and No/100 Dollars($371,900.00), including a not-to-exceed amount of
One Thousand Five Hundred and No/100 Dollars ($1,500.00) 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 architectural services, landscape architecture and irrigation services, and structural, mechanical,
electrical,and plumbing engineering services. 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."
2.01.1 The Structural Engineering services provided by the Architect shall be limited solely to those
described in the STRUCTURESPE, LLP Professional Services Agreement Fee Proposal to Al York,
Principal, McKinney York Architects dated March 6, 2025. The Mechanical, Electrical and Plumbing
Engineering Design Services provided by the Architect shall be limited solely to those described in the
Aptus Engineers Proposal for Mechanical, Electrical and Plumbing Engineering Design Services for
2
A.W. Grimes Blvd. and University Blvd., Round Rock,Texas City of Round Rock to Al York, Partner,
McKinney York Architects dated March 7, 2025.
2.02 Pre-Design and Design Phase. Architect shall provide the following Pre-Design and Design
Documents Phase Services: as delineated in the Agreement this document supplements and herein,and as
follows:
2.02.1 Based on the Project requirements defined by the description of the Program in the Agreement,
the Architect shall prepare and present, for the Owner's approval, Design Documents illustrating the scale
and relationship of the Project components utilizing the prototype design floor plan modified to
accommodate the programmatic changes. The Design Documents shall consist of drawings and other
documents including a site plan, if appropriate, and preliminary building plans, sections, and elevations;
and may include some combination of study models, perspective sketches, or digital representations.
Preliminary selections of major building systems and construction materials shall be noted on the
drawings or described in writing.
2.02.2 The Architect shall have no responsibility for providing cost estimates or opinions of the probable
construction cost.
2.02.3 The Architect shall submit the Design Documents as a single digital copy to the Owner,making a
presentation in person or via ZOOM and request the Owner's comments and approval be given at the
conclusion of that presentation meeting.
2.03 Construction Documents Phase. Architect shall provide the Construction Documents Phase
Services as delineated in the Agreement this document supplements,elsewhere herein,and as follows:
2.03.1 Based on the Owner's approval of the Design Documents, and on the Owner's authorization of
any adjustments in the Project requirements, the Architect shall prepare Construction Documents for
the Owner's approval.The Construction Documents shall illustrate and describe the further development of
the approved Design Documents and shall consist of Drawings and Specifications setting forth in detail
the quality levels and performance criteria of materials and systems and other requirements for the
construction of the Work. The Owner and Architect acknowledge that, in order to Construct the
Project, the Contractor will provide additional information, including Shop Drawings, Product Data,
Samples and other similar submittals,which the Architect shall review in accordance with 2.06(15).
2.03.2 The Architect shall incorporate the design requirements of governmental authorities having
jurisdiction over the Project into the Construction Documents.
2.03.3 During the development of the Construction Documents, the Architect shall assist the Owner in
the in preparation of the Proposal Forms, shall utilize without modification City's standard General and
Supplementary General Conditions, and shall draft 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 proposal
requirements and sample forms.
2.03.4 The Architect shall have no responsibility for providing cost estimates or opinions of the probable
construction cost.
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2.03.5 Prior to finalizing and sealing the Construction Documents, the Architect shall submit a draft set
of the Construction Documents to the Owner labeled `95%' and request the Owner's final comments.
Upon receipt of the last of the Owner's review comments the Architect shall finalize the Construction
Documents and request the Owner's approval.
2.03.6 Architect shall provide the City a digital copy(PDF)of a complete set of proposed Construction
Documents for review,official approval, and the Owner's submission for Building and other development
permits prior to the advertisement of proposals for the construction of the Project, and within the agreed
Performance Schedule.
2.03.7 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 or the independent Registered
Accessibility Specialist performing the review on behalf of the Department at the rates established by the
Department for this approval shall be initially paid by the Architect who shall be reimbursed by the City.
The anticipated cost of these fees is included in the reimbursable expense allowance that is included in the
Architects total fee.
2.04 Procurement Phase. Architect shall provide the Procurement Services delineated in the
Agreement this document supplements,elsewhere herein,and as follows:
2.04.1 Following City's approval of the Construction Documents, Architect shall assist City in awarding
a construction contract following legal public competitive sealed proposal requirements. Architect shall
transmit Construction Documents to the Owner in electronic (PDF) format for reproduction and
distribution. Owner shall be responsible for payment for the costs of reproduction of such documents.
During the procurement process, Architect hall assist City as follows:
(1) Jointly conducting pre-proposal conferences, including on-site visits as required, to assist
the bidders/proposers 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/proposers, and providing
clarifications and interpretations of the Procurement Documents to all prospective
proposers in the required form of addenda to Contract Documents.
(3) Assisting in the opening of proposals, tabulation and evaluation of proposals received,
and advising on award of the contract.
(4) Jointly conducting pre-award conferences where necessary.
(5) The Architect shall compile a Conformed Set of Construction Documents at the
conclusion of the Procurement Phase incorporating addenda and selected alternates for
use by the Contractor during construction.
Architect's assistance to City shall include submitting written reviews and recommendations for
awards based upon the acceptability of proposals. Architect's role during the Procurement Phase shall be
limited to advising and consulting with the City, and the City retains all responsibility for the actual
selection of the Contractor.
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2.05 Construction Phase. Architect shall provide the following Construction Phase Services as
delineated in the Agreement this document supplements,elsewhere herein, and as follows:
The Construction Phase will commence with the award of the first Construction Contract and will
tenninate following the date the Architect issues the final Certificate of Payment:
(1) Architect shall provide administration of the Construction Contract as set forth in this
Agreement. Architect's assigned authority thereunder will not be 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) 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.
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(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, City will endeavor to issue instructions to its
Contractors 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, in general, if the work observed is proceeding in a manner indicating that the
work, when fully completed, will be in general 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 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
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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 respond to
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.
Prompt review by Architect of submissions is of prime importance to City, but Architect
shall not be held to a higher standard than the Standard of Care in the Agreement.
(15) Architect shall prepare Change Orders and/or Construction Change Directives to the
construction contract, in electronic (PDF) format, after review and approval by the City.
Each Change Order shall be specific and final as to prices and extensions of time, with no
reservations or other provisions allowing for future additional money or time as a result
of the particular changes identified and fully compensated in the Change Order.
Architect's compensation for preparation of Change Orders, if any, shall be determined
by Section 2.09(1)below.
(16) Architect shall conduct inspections to determine the dates of substantial completion and
final completion, shall receive written guarantees and related documents assembled by
Contractor for submittal with the final Certificate of Payment, and shall prepare and
present final Certificate for Payment to Director for City's approval and payment. In
addition, Architect shall make inspection of the Project at least thirty(30) days before the
expiration of the one(1)year warranty contained in the Contractor's 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. Architect shall provide As-Designed Record Construction
Specifications which will identify the design changes in the specifications on a sheet,
which sheet shall be inserted at the beginning of each section to which they pertain.
(20) Owner shall require the Contractor to submit to Owner the following: (t) consent of
surety or sureties, if any, of reduction in or partial release of retaining 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.
2.06 Warranty Phase. If requested by the Owner and agreed by the Architect, Architect shall provide
the Warranty Phase Services in this Section 2.06 as Additional Services. Architect shall assist Owner in
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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 the City, the Subconsultants and of
each prime contractor engaged on the Project. For any non-warranty involvement of Architect, payments
shall be made based upon the Hourly Rate Schedule contained in this Agreement.
2.07 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.
2.08 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
11, which defines and outlines Architect's Basic Services. If any of these Additional Services are
authorized in writing by Director in advance of their performance, they shall be paid for in the manner
agreed to at the time of authorization.
(1) Preparing Change Orders and supporting data and/or revising previously approved plans
when the changes in approved Plans and Specifications are required by the City. If
changes are required to be made because of error,oversight, clarification, or discrepancy
in the Construction Documents, 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.
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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. Unless otherwise agreed, the Director shall be the City's designated representative. City
shall examine documents submitted by Architect and render decisions pertaining thereto promptly to
avoid unreasonable delays in the orderly process 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 pen-nit without charge. Electrical, plumbing and other
trade permits will be the responsibility of the construction contractor.Any charges which may be assessed
for tap fees will be paid by City and are not to be included by Architect in the Specifications for the
Project.
3.05 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 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
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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 $1,500.00, shall be made following presentation,
review and approval of Architect's detailed invoice in triplicate.
6.03 Deductions. No deductions shall be made from Architect's compensation on account of penalty,
liquidated damages or other sums withheld from payments to Contractors.
6.04 Additions. No additions shall be made to Architect's compensation based upon Project
construction claims, whether paid by City or denied.
6.05 Abandonment. If any work designed or specified by Architect during any phase or subphase is
abandoned or suspended, in whole or in part, Architect is to be paid for the services performed on account
of it prior to receipt of written notice from City through its Director of such abandonment or suspension.
6.06 Invoices. Architect's invoices to City shall provide complete information and documentation to
substantiate Architect's charges, and shall be in a form to be specified by Director. All payments to
Architect shall be made on the basis of the invoices submitted by Architect and approved by Director.
Such invoices shall conform to the schedule of services and costs in connection therewith set out
hereinabove. All Reimbursable Expenses shall be clearly shown. Should additional backup material be
requested by Director, Architect shall comply promptly with such request. In this regard, should Director
determine it necessary, Architect shall make all records and books relating to this Agreement available to
City for inspection and auditing purposes.
6.07 Payment of Invoices. City reserves the right to correct any error that may be discovered in any
invoice that may have been paid to Architect and to adjust the same to meet the requirements of the
Agreement. Following approval of invoices, City will endeavor to pay Architect promptly, but not later
than the time period required under the Texas Prompt Payment Act; however, under no circumstances
shall Architect be entitled to receive interest on payments which are late because of a good faith dispute
between Architect and City or because of amounts which City has a right to withhold under this
Agreement or state law.
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.
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ARTICLE VIII
TERMINATION AND DEFAULT
8.01 Termination. In connection with the work outlined in this Agreement, it is agreed and frilly
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.
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
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documents prepared by Architect,his employees,subcontractors, agents and consultants.
10.02 Indemnification (Damage Claims). Architect agrees to indemnify and hold City, its officers,
agents and employees, harmless against any and all claims, lawsuits,judgments, costs and expenses for
personal injury (including death), property damage or other harm for which recovery of damages is
sought, suffered by any person or persons, that may arise out of 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.
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.
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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 Subeonsultant 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
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.
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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.
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.
12.02 Project Performance Schedule. Architect agrees to endeavor to perform its services in a
reasonably timely manner and in connection with the Project Performance Schedule. However, Architect
shall not be responsible for delays caused by the City,its Contractor,or any of their separate consultants.
ARTICLE XIII
FINANCIAL INTEREST PROHIBITED,CONFIDENTIALITY
13.01 Financials 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,or is already in the public domain.
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.
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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.
14.05 Notices. All notices and correspondence to City by Architect shall be mailed or delivered as
follows:
City Manager,City of Round Rock Stephanie L.Sandre,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.
Attn: Charles York, FAIA
1301 East Seventh Street
Austin,Texas 78702
[Signatures on the following page.]
1s
IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its
corporate name by its Mayor, duly authorized to execute the same in its behalf by Resolution No.
approved by the City Council on 2025, and
McKinney Architects, Inc , dba McKinney York Architects signing by and through its duly authorized
representative, thereby binding the parties hereto, their successors, assigns and representatives for the
faithful and full performance of the terms and provisions of this Contract.
CITY OF ROUND ROCK,TEXAS MCKINNEY ARCHITECTS, INC., dba
McKinney York Architects
13y By - ----
Craig Morgan, Mayor - — - - Brian Carlson, AIA
Date: _ _ Date ---
ATTEST:
By. --
Ann Franklin,City Clerk
FOR CITY,APPROVED AS TO FORM:
r
By:
Stephanie L. Sandre,City Attorney
16
Client#: 163773 MCKINYOR
ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MSVDD/YYM
5/13/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder In Ileu of such endorsement(s).
PRODUCERkM�C`rLaFonda Smith
USI Southwest a�"N E 713 490-4600 AIC No): 713-490-4700
9811 Katy Freeway,Suite 500 E-MAILLaFonda.Smlth@usi.com
Houston,TX 77024 ADDRESS:
713 490-4600 INSURERS AFFORDING COVERAGE MAIC 0
INSURER A:Charter Oak Fire Insurance Company 25615
INSURED INSURER 8:Travelers Property Cas.Co.Of America 25674
McKinney Architects, Inc.dba
McKinney York Architects INSURER C:Hartford Ins Co of the Midwest 37478
1301 E.Seventh St INSURER D:Arch Insurance Company 11150
Austin,TX 78702 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADD UB POLICY EFF POLICY EXP LIMITS
LTA I POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY 680A121965424 5/16/2025 05/16/202C EACH OCCURRENCE s2,000,000
CLAIMS MADE ❑X OCCUR PREMSES EaE D $1,()00,000
_ MED EXP(Any oneperson) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s4,000,000
PRO-
POLICY JECT []LOC PRODUCTS-COMP/OP AGG s4,000,000
OTHER: $
A AUTOMOBILE LIABILrTY 680A121965424 5/16/2025 05/16/202 COfeaMBINED SINGLE LIMIT 2 0OO 000
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accidenl) $
AUTOS ONLY AUTOS
HIRED NON-0WNED PROPERTY DAMAGE
X AUTOS ONLY X ALfTOS ONLY Por cdden $
b
B X UMBRELLA LIAB X OCCUR CUPA122089824 5/16/2025 05/161202E EACH OCCURRENCE s5,000,000
EXCESS LIAB CLAIMS MADE AGGREGATE $5,000,000
OED I X RETENTION 10000 $
C WORKERS COMPENSATION 61 W BCAH7556 5/16/2025 05/16/202E J.PqTEARTUITEI IoTH-
AND EMPLOYERS'LIABILnI!
Y t N
ANY PROPRIETORIPARTNEWEXECUTIVE E.L.EACH ACCIDENT $11,000,000
OFFICEWMEMBEREXCLUDED? � NIA
(Mary In NH) E.L.DISEASE-EA EMPLOYEE $1000,000
11 describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $i,000,000
D Professional Liab PAAEP01572025/16/2025 05/16/202 $5,000,000 per claim
Claims Made&Rep $5,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Addtttonal Remarks Schedule,maybe attached It more space Is nqutred)
The General Liability and Auto Liability policy(s)includes an automatic Additional Insured endorsement
that provides Additional Insured status to the Certificate Holder only when there Is a written contract that
requires such status,and only with regard to work performed on behalf of the named insured.All policy(s)
provide a Blanket Waiver of Subrogation when required by written contract,except as prohibited by law.The
General Liability and Auto Liability policy(s)contains a special endorsement with"Primary and
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
221 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
Round Rock,TX 78664
AUTHORRED REPRESENTATIVE
m 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S49262367/M49015053 TAGZP
DESCRIPTIONS (Continued from Page 1)
Noncontributory"wording,when required by written contract. Umbrella Follows Form.
RE:Fire Station No.11
SAGITTA 25.3(2016/03) 2 of 2
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