CM-09-01-016CITY OF ROUND ROCK
COUNTY OF TRAVIS
COUNTY OF WILLIAMSON
STATE OF TEXAS
SUPPLEMENTAL AGREEMENT NO. 2
TO "CITY OF ROUND ROCK AGREEMENT FOR
ARCHITECTURAL/ENGINEERING DESIGN SERVICES FOR
CITY OF ROUND ROCK CITY HALL POLICY CENTER
WITH AUSTIN ARCHITECTURE PLUS, INC."
This Supplemental Agreement No 2 to "City of Round Rock Agreement for
Architectural/Engineering Design Services for City of Round Rock City Hall Policy Center with Austin
Architecture Plus, Inc." (hereinafter called the "Agreement") is made by and between the City of Round
Rock, Texas (hereinafter called the "City") and Austin Architecture Plus, Inc. (hereinafter called the
"Architect/Consultant").
WHEREAS, the City and the Architect/Consultant executed the referenced Agreement on the
26th day of June, 2008, along with accompanying Supplemental Agreement No. 1; and
WHEREAS, it has become necessary to amend the Agreement to add to the scope of services to
be provided under Reimbursable Expenses by the Architect/Consultant, increasing the compensation in
the amount of $8,965.00 thereby bringing the total payments from $395,524.00 to $404,489.00;
NOW THEREFORE, premises considered, the City and the Architect/Consultant agree that
said Agreement is amended as follows:
I.
2.B. of the base Agreement, entitled "Reimbursable Expenses Allowance," shall be amended as
follows:
Payment for reimbursable expenses, including administrative charges and out-of-pocket expenses, shall
not exceed the maximum sum of Forty-one Thousand Nine Hundred Sixty-five and No/100 Dollars
($41,965.00). City shall pay Architect/Consultant for reimbursable expenses, as appropriately invoiced
and documented, at actual cost. Reimbursable expenses shall include but not be limited to the
following:
Geotechnical Investigation $18,965.00
Surveying $15,000.00
Printing and Miscellaneous $ 4,000.00
Administrative Services (Time and Materials) $ 4,000.00
TOTAL $41,965.00 (actual costs; not to exceed amount)
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Allowable reimbursable expenses within the not -to -exceed amount may include the following:
Reprographic and plotting of documents for other than Architect/Consultant's own in-house use;
Shipping, mailing and delivery expenses for other than Architect/Consultant's own in-house use;
Additional subconsultants, if requested by City;
Other disbursements or agency fees made on behalf of City;
Out-of-town travel, lodging, meals associated with the Project; and
Long distance telephone and teleconference expenses.
Not -to -exceed Total Payment for Professional Services and Reimbursable Expenses Payable Hereunder:
Unless subsequently changed by Supplemental Agreement hereto, Architect/Consultant's total
compensation for services and reimbursables hereunder shall not exceed $404,489.00. Such amount
represents the absolute limit of City's liability to Architect/Consultant unless same shall be changed by
additional Supplemental Agreement, and City shall pay, strictly within the confines of the not -to -exceed
sums recited herein, Architect/Consultant's professional fees and reimbursable expenses for work done
on behalf of City. No deductions shall be made for Architect/Consultant's compensation on account of
penalty. liquidated damages or other sums withheld from payments to Architect/Consultant. No
additions shall be made to Architect/Consultant's compensation based on Project claims, whether paid
by City or denied.
II.
Section 1.3.3.1 of the base Agreement, entitled "Change in Services," shall be amended as
follows:
1.3.3.1 Change in Services of Architect/Consultant,
Architect/Consultant's consultants, may be accomplished after
invalidating the Agreement, if mutually agreed in writing,
Architect's control, or if the Architect's services are -affected as
including services required of
execution of this Agreement, without
described in Subparagraph 1.3.3.2. In
services. If the Owner deems that all or a part of such Change
in Services is not required, the Owner
It is expressly
understood and agreed by and between the parties hereto that any alteration in schedule, compensation
and Change in Services shall be effected only by Supplemental Agreement hereto. Any such
Supplemental Agreement to this contract must be duly authorized by appropriate City Council or City
Manager action. It is expressly agreed by the parties that, as to services hereunder, the total sum of
$404,489.00 including authorized reimbursable expenses shall represent the absolute limit of Owner's
liability to Architect/Consultant unless same shall be changed by Supplemental Agreement hereto.
III.
Section 1.3.9.2 of the base Agreement, entitled "Payments to Architect," shall be amended as
follows:
1.3.9.2 Reimbursable Expenses, in an amount not to exceed $41,965.00, are in addition to
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compensation for Architect/Consultant's services and include expenses incurred by Architect/Consultant
and Architect/Consultant's employees and consultants directly related to the Project, as identified in the
following clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence,
and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service;
Owner;
.5 renderings, models and mock ups requested by Owner;
cxpcnsc of additional insurance coverage or limits re
normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project -related expenditures.
IV.
Section 1.5.1 of the base Agreement, entitled "Compensation," shall be amended as follows:
1.5.1 For Architect/Consultant's services as described herein, compensation shall be computed as
follows:
Architect/Consultant's total compensation for services hereunder shall not exceed the sum of
$404,489.00 established herein, including authorized reimbursable expenses, which sum for
reimbursable expenses shall include the actual costs of such items as are delineated in Paragraph 1.3.9.2
herein.
V.
The second paragraph of Section 1.02 of Supplemental Agreement No. 1, entitled
"Compensation," shall be amended as follows:
Unless subsequently changed by additional Supplemental Agreement to this Agreement, duly authorized
by appropriate action of the City Manager or City Council, Architect/Consultant's total compensation
for services hereunder shall not exceed $404,489.00, including Reimbursable Expenses up to
$41,965.00. These amounts represent the absolute limit of City's liability to Architect/Consultant unless
changed by Supplemental Agreement hereto.
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VI.
Section 4.01 of Supplemental Agreement No. 1, entitled "Scope of Services," shall be amended
as follows:
Payments hereunder shall not exceed the following:
Scope of Services (not to exceed) $362,524.00
Reimbursables (not to exceed) $ 41,965.00
Total $404,489.00
VII.
Section 4.08 of Supplemental Agreement No. 1, entitled "Reimbursable Expenses," shall be
amended as follows:
Reimbursable Expenses are in addition to the fees for Basic and Additional Services and include actual
expenditures made by Architect/Consultant, its employees, or its subconsultants in the interest of the
Project for the incidental expenses set forth below. Such expenses must be authorized by City in
advance. An allowance for Reimbursable Expenses not to exceed $41,965.00 is established as a
condition of this Agreement.
IN WITNESS WHEREOF, the City and the Architect/Consultant have executed this
Supplemental Agreement No. 2 in duplicate.
CITY OF ROUND ROCK, TEXAS
By:
Name:
Title:
Date Signed:
4Se
ATTEST:
By:
30,0(9
AUSTIN ARCHITECTURE PLUS, INC.
By/Aly
Name: AM,.. 74 G S Q44:-tG
/c" Title: Pry,1 �Q,p
Date Signed: 1- 2 - og
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
L Sheets City Attorney
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DATE: January 28, 2009
SUBJECT: City Manager Approval - January 30, 2009
ITEM: Consider executing Supplemental No. 2 to "City of Round Rock
Agreement for Architectural/Engineering design services for City of
Round Rock Policy Center with Austin Architecture Plus, Inc."
Department: Engineering and Development Services
Staff Person: Thomas E. Word, Jr., P.E., Chief of P.W. Operations
Larry Madsen, Construction Manager
Justification:
It has become necessary to amend the Agreement to add to the scope of services to be
provided under Reimbursable Expenses by the Architect/Consultant, increasing the
compensation in the amount of $8,965.00 thereby bringing the total payment from
$395,524.00 to $404,489.00. The expenses include additional geotechnical investigation,
surveying, printing and administrative services, which are primarily associated with the
increased size of the City Hall Policy Center.
Funding:
Cost: $8,965.00
Source of funds: 2002 GO Bonds
Outside Resources: Austin Architecture Plus, Inc.
Background Information:
The City and the Architect/Consultant executed the referenced Agreement on the 26th day of
June, 2008 along with accompanying Supplemental Agreement No. 1.
Public Comment:
N/A