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
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f Round Rock, Texas
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CHRISTINE R. MARTINEZ, City Secreta
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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.
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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
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Sam Bass Road Reconstruction 1--rIOUIDlOCK,TEXAS
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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
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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