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R-04-09-23-13F2 - 9/23/2004 RESOLUTION NO. R-04-09-23-13F2 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services with Martinez, Wright & Mendez, Inc. to complete Phase 2 of the redesign of Sam Bass Road from Meadows Drive to IH-35, and WHEREAS, Martinez, Wright & Mendez, Inc. has submitted Supplemental Agreement No. 2 to the Agreement for Engineering Services to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Martinez, Wright & Mendez, Inc. , Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Agreement No. 2 to the Agreement for Engineering Services with Martinez, Wright & Mendez, Inc. , 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 23rd day of September 2 1 4 . N Mayor AT: CW,161,WELL, f Round Rock, Texas �. , CHRISTINE R. MARTINEZ, City Secreta @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLDTi/R40923F2.WPD/sc STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO.2 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Martinez,Wright& Mendez("Engineer") ADDRESS: Chevy Chase One,7700 Chevy Chase Dr.,Ste. 100,Austin,TX 78752 PROJECT: Redesign of Sam Bass Road From Meadows Drive to IH-35 This Supplemental Agreement No. 2 to Agreement for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Martinez, Wright & Mendez, hereinafter called the"Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement', on the 8th day of May, 2003 for the Redesign of Sam Bass Road from Meadows Drive to I1-1-35; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on September 11, 2003 to amend the scope of services and to increase the compensation by $16,305.00 to a total of $82,576.00; and WHEREAS,it has become necessary to extend the Agreement; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 3, Contract Term, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not perform the work in accordance with the Work Schedule, then City shall have the right to terminate this Agreement as set forth below in Article 18. So long as the City elects not to terminate this Agreement, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the work required herein so that construction of the project will be commenced and completed as Supplemental Agreement Rev.03/02/04 MWM-sambass;#72432 EXHIBIT "A.. scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. ies rrleit tea-�i de 7- c. Date CITY OF ROUND ROCK APPROVED AS TO FORM: By: Nyle Maxwell,Mayor Stephan L. Sheets,City Attorney Date Supplemental Agreement Rev.03/02/04 MWM-sambass;#72432 �z s 0< �a Sam Bass Road W CJS o a'. N Sam Bass Road Reconstruction 1--rIOUIDlOCK,TEXAS VASSION.P0.0tP[RRY. S DATE: September 17, 2004 SUBJECT: City Council Meeting - September 23, 2004 ITEM: *13.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Agreement with Martinez, Wright & Mendez, Inc. for Phase 2 of the redesign of Sam Bass Road from Meadows Drive to I1-1-35. Deuartment: Transportation Services Staff Person: Tom Martin, Director Justification: This project will reduce maintenance activities and costs for reconstructing the existing road. Furthermore, mobility will be increased by the construction of additional lanes and turn lanes. Supplemental Agreement #2 extends the contract term for redesign and construction administration of Sam Bass Road until project completion. Funding: Cost: N/A Source of funds: N/A Outside Resources: Martinez, Wright & Mendez, Inc. Background Information: Martinez, Wright & Mendez, Inc. was contracted to provide Phase 1 and Phase 2 engineering services under approved resolutions R-97-06-26-1OG, R-98-01-22-1OD, R-01-05-24-12C3, R-03-05-08-15D1 and R-03-09-11-10D1. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 2 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Martinez, Wright& Mendez ("Engineer") ADDRESS: Chevy Chase One,7700 Chevy Chase Dr., Ste. 100,Austin,TX 78752 PROJECT: Redesign of Sam Bass Road From Meadows Drive to IH-35 This Supplemental Agreement No. 2 to Agreement for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Martinez, Wright & Mendez, hereinafter called the"Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 8th day of May, 2003 for the Redesign of Sam Bass Road from Meadows Drive to I1-1-35; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on September 11, 2003 to amend the scope of services and to increase the compensation by $16,305.00 to a total of $82,576.00; and WHEREAS, it has become necessary to extend the Agreement; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 3, Contract Term, shall be amended as set forth below: (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not perform the work in accordance with the Work Schedule, then City shall have the right to terminate this Agreement as set forth below in Article 18. So long as the City elects not to terminate this Agreement, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the work required herein so that construction of the project will be commenced and completed as Supplemental Agreement Rev.03/02/04 MWM-sambass;#72432 R-0�-�9-23-13F� scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. P 'ps . �i✓IP�_ . zJ T�vt C- !/_/G:z Date CITY O D APP VED AST FORM: By: ayor �- axwell,MSteph L. Sheets, City Attorney 9- Date Supplemental Agreement Rev.03/02/04 MWM-sambass;#72432