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R-03-11-25-12D1 - 11/25/2003RESOLUTION NO. R -03-11-25-12D1 WHEREAS, the City of Round Rock has previously entered into an Agreement for Consulting Services for Construction Materials Inspection and Testing Services with Professional Services Industries, Inc. for the Parks and Recreation Department service yardsite, and WHEREAS, Professional Services Industries, Inc. has submitted Supplemental Agreement No. 1 to the Agreement to extend the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Professional Services Industries, 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. 1 to the Agreement for Consulting Services for Construction Materials Inspection and Testing Services with Professional Services Industries, Inc. for the Parks and Recreation Department service yardsite, 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. @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R31125D1.WPD/sc RESOLVED this 25th day of November, 2003. WELL, Mayor City of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secretary 2 SUPPLEMENTAL AGREEMENT NO. 1 TO "AGREEMENT FOR CONSULTING SERVICES FOR CONSTRUCTION MATERIALS INSPECTION AND TESTING SERVICES FOR THE PARD YARDSITE" WITH PROFESSIONAL SERVICE INDUSTRIES, INC. This Supplemental Agreement No. 1 to the City of Round Rock's "Agreement For Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite with Professional Service Industries, Inc." (hereinafter called the "Agreement") is made by and between the City of Round Rock, a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter called the "City") and Professional Service Industries, Inc., with offices located at 8868 Research Boulevard, Suite 102, Austin, Texas 78758 (hereinafter called the "Consultant"). WHEREAS, City and Consultant executed that certain "Agreement for Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite" with Professional Service Industries, Inc. on the 24th day of July, 2003; and WHEREAS, such Agreement allows the scope of services to be modified by supplemental agreement executed by both parties within the period specified as the term of the Agreement; and WHEREAS, it has become necessary to modify the scope of services of Consultant to provide for additional services for density testing of parking lot base and for the testing and observation of the placing of asphalt, thereby increasing the total amount of compensation under the terms of the Agreement; NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, City and Consultant agree that said Agreement is amended as follows: 1. Section 1.1.2.5 shall be amended by adding the following services and charges therefor: Service Rate Quantity Total Density testing of parking lot base and testing and observation of the placing of asphalt 6,200.00 6,200.00 TOTAL $15,235.00 2. Capitalized terms not otherwise defined in this Supplemental Agreement No. 1 shall have the meanings ascribed to them in the Agreement. 3. Except as amended hereby, the Agreement as originally written remains in full force and effect. 00058196 Page 1 of 2 EXHIBIT IlAft 4. This Supplemental Agreement No. 1 may be executed in multiple counterparts which, when combined together, shall constitute an original of this Supplemental Agreement No. 1. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Supplemental Agreement No. 1. 5. This Supplemental Agreement No. 1, together with the Agreement, embodies the entire agreement of the parties hereto and is binding upon and inures to the benefit of the parties to this Supplemental Agreement No. 1 and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by the parties hereto. IN WITNESS WHEREOF, City and Consultant have executed this Supplemental Agreement No. 1 on the dates indicated below. PROFESSIONAL SERVICE INDUSTRIES, INC. By. , Pe Printed Name: Arnie K, Hammock, PE Title: Br heh /410 er Date Signed: // /6 Al CITY OF ROUND ROCK By: Nyle Maxwell, Mayor Date Signed: ATTEST: By: Christine R. Martinez, City Secretary Page 2 of 2 300 S Burnet 4� u� DOVE GREEK ISR P. .1 .D. Yard Site 3 DATE: November 20, 2003 SUBJECT: City Council Meeting - November 25, 2003 ITEM: *12.D.1. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Consulting Services for Construction Materials Inspection and Testing Services with Professional Service Industries, Inc. for the PARD Yardsite. Resource: Tom Word, Chief of Public Works Operations Larry Madsen, Construction Manager History: The PARD Yard -site Project located at 300 South Burnet Street contained various unstable sub -grade soils that required additional testing and engineering. Additional funding is needed for testing and engineer observation for compaction of the base sub -grade and asphalt placement as required by city construction inspections. Funding: Cost: $6,200.00 Source of funds: General Capital Project Funds (Self -Financed) Outside Resources: Professional Service Industries, Inc. Impact/Benefit: Engineering & Testing to ensure sub -grade, base and asphalt meet specifications. Public Comment: N/A Sponsor: N/A Executed Document Follows SUPPLEMENTAL AGREEMENT NO. 1 TO "AGREEMENT FOR CONSULTING SERVICES FOR CONSTRUCTION MATERIALS INSPECTION AND TESTING SERVICES FOR THE PARD YARDSITE" WITH PROFESSIONAL SERVICE INDUSTRIES, INC. This Supplemental Agreement No. 1 to the City of Round Rock's "Agreement For Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite with Professional Service Industries, Inc." (hereinafter called the "Agreement") is made by and between the City of Round Rock, a Texas home -rule municipal corporation with offices located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter called the "City") and Professional Service Industries, Inc., with offices located at 8868 Research Boulevard, Suite 102, Austin, Texas 78758 (hereinafter called the "Consultant"). WHEREAS, City and Consultant executed that certain "Agreement for Consulting Services for Construction Materials Inspection and Testing Services for the PARD Yardsite" with Professional Service Industries, Inc. on the 24th day of July, 2003; and WHEREAS, such Agreement allows the scope of services to be modified by supplemental agreement executed by both parties within the period specified as the term of the Agreement; and WHEREAS, it has become necessary to modify the scope of services of Consultant to provide for additional services for density testing of parking lot base and for the testing and observation of the placing of asphalt, thereby increasing the total amount of compensation under the terms of the Agreement; NOW THEREFORE, for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, City and Consultant agree that said Agreement is amended as follows: 1. Section 1.1.2.5 shall be amended by adding the following services and charges therefor: Service Density testing of parking lot base and testing and observation of the placing of asphalt Rate Quantity Total 6,200.00 6,200.00 TOTAL $15,235.00 2. Capitalized terms not otherwise defined in this Supplemental Agreement No. 1 shall have the meanings ascribed to them in the Agreement. 3. Except as amended hereby, the Agreement as originally written remains in full force and effect. 00058196 2-03---/I-gcicb)21)1 Page 1 of 2 4. This Supplemental Agreement No. 1 may be executed in multiple counterparts which, when combined together, shall constitute an original of this Supplemental Agreement No. 1. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Supplemental Agreement No. 1. 5. This Supplemental Agreement No. 1, together with the Agreement, embodies the entire agreement of the parties hereto and is binding upon and inures to the benefit of the parties to this Supplemental Agreement No. 1 and their respective heirs, executors, administrators, personal representatives, legal representatives, successors and assigns and incorporates all previous correspondence or communication, whether written or oral. The Agreement, as amended hereby, can only be further modified or varied by written instrument subscribed to by theP arties hereto. IN WITNESS WHEREOF, City and Consultant have executed this Supplemental Agreement No. 1 on the dates indicated below. PROFESSIONAL SERVICE INDUSTRIES, INC. By: — Printed Name: 4/7lle , f f�jivrbe4 PE Title: 8/Date Signed: //�G 03 CITY OF ROUND By: -0,1% td0 ' axwe 1, M or Date Signed: // 69 3 ATTE`'• By: )IIL. Christine R. Martinez, City Secretary Page 2 of 2