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R-03-11-25-12D2 - 11/25/2003RESOLUTION NO. R -03-11-25-12D2 WHEREAS, the City of Round Rock has previously entered into a Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services ("Agreement") and Supplemental Agreement No. 1, with Spencer Godfrey, Inc. for the design and construction phase for the Senior Activity Center and Parking Garage, and WHEREAS, Spencer Godfrey, Inc . has submitted Supplemental Agreement No. 2 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 2 with Spencer Godfrey, 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 with Spencer Godfrey, 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 25th day of November, 2003. NYWEL , Mayor:- City ayorCity of Round Rock, Texas ATTES :.I �� YJ_1)A / ,e 1, / CHRISTINE R. MARTINEZ, City Secretary/ ®PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R31125D2.WPD/sc SUPPLEMENTAL AGREEMENT NO. 2 TO `STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES" AND TO `SUPPLEMENTAL AGREEMENT NO. 1" WITH SPENCER GODFREY, INC. This Supplemental Agreement No. 2 to the City of Round Rock's "Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services" for the Senior Activity Center, with Spencer Godfrey, 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 Spencer Godfrey, Inc., with offices located at 1106 South Mays, Suite 220, Round Rock, Texas 78664 (hereinafter called the "Consultant"). WHEREAS, City and Consultant executed that certain "Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services" with Spencer Godfrey, Inc. on the 13th day of February, 2003 (hereinafter called the "Ori "nal Agreement"); and also executed that certain "Supplemental Agreement No. 1" on the 13 day of February 2003 (hereinafter called "Supplemental Agreement No. 1); ands WHEREAS, such documents allow the scope of services to be modified by supplemental agreement executed by both parties within the period specified as the term in the Original Agreement; and WHEREAS, it has become necessary to modify the scope of services of Consultant to provide for additional reimbursable expenses, thereby increasing the total amount of compensation or reimbursement under the terms of the Original 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 Original Agreement and Supplemental Agreement No. 1 are amended as follows: 1. Section 1.1.2.5 of the Original Agreement shall be amended as follows: Total compensation to Architect for delineated services is the fixed sum of Three Hundred Twenty-four Thousand and No/100 Dollars ($324,000.00), plus Reimbursable Expenses in an amount not to exceed six percent (6%) of such $324,000.00 fee, unless specifically authorized herein or by written supplemental agreement. 2. Section 1.5.5 of the Original Agreement shall be amended as follows: 00058245 (a) The sum of Thirty Thousand and No/100 Dollars ($30,000.00) for additional costs of printing plans and specifications necessitated due to requests from an unusually high number of general contractors and subcontractors. Page 1 of 2 EXHIBIT (b) The sum of Four Thousand Six Hundred Fifty and No/100 Dollars ($4, 650.00) or additional costs of insurance premiums. (c2 The sum of One Thousand Three Hundred Seventy-five and No/100 Dollars ($1,375.00) for MEP engineering costs to relocate sewer service to the facility. 3. All applicable portions of Supplemental Agreement No. 1, both in general and with specific regard to Section 1.02, shall be amended to read consistently with the above changes. 4. Capitalized terms not otherwise defined in this Supplemental Agreement No. 2 shall have the meanings ascribed to them in the Agreement and any referenced documents. 5. Except as amended hereby, the Agreement as originally written remains in full force and effect. 6. This Supplemental Agreement No. 2 may be executed in multiple counterparts which, when combined together, shall constitute an original. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Supplemental Agreement No. 2. 7. This Supplemental Agreement No. 2, together with the Original Agreement and Supplemental Agreement No. 1, 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. 2 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 WI ' ESS WHEREOF, City and Consultant have executed this Supplemental Agreement N . 2 on the dates indicated below. SPENC By: encer III, Principal Date igned: if -j6,, 3 CITY OF ROUND ROCK By: Nyle Maxwell, Mayor Date Signed: ATTEST: By: Christine R. Martinez, City Secretary Page 2 of 2 0 N Pre McConico Building Senior Activity Center & Parking N A Municipal Office Campus '{ROUND ROCK JL*(AS rms nr+: S:'GLAPEOC St DUMC a AGENDA ITEM SrEITGDiEELINGVIC C COW 0 BU11.DIbiGISIC C ONICO BITILDBIG API. LU. 5-2+-01 DATE: November 20, 2003 SUBJECT: City Council Meeting - November 25, 2003 ITEM: *12.D.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 2 to the Standard Form of Agreement Between Owner and Architect with Spencer Godfrey Architects for the design and construction phase for the Senior Activity Center and Parking Garage. Resource: Tom Word, Chief of Public Works Operations Larry Madsen, Construction Manager History: Due to the large turnout of General Contractors requesting plans, additional money is required for the printing costs of the plans and specifications increasing the reimbursable allowance by $30,000. As per contract agreement Spencer Godfrey is also to be reimbursed for additional insurance coverage required by the City. The cost of insurance is in the amount of $4,650. An additional $1,375.00 to the contract is requested for engineering redesign of the main sewer line. This change has been requested by City Engineering staff to accommodate sewer line upgrades that will be part of a future infrastructure improvement project. Funding: Cost: $36,025.00 Source of funds: General Capital Project Funds (GO Bond 2001) Outside Resources: Spencer Godfrey Architects Impact/Benefit: Public Comment: N/A Sponsor: N/A Provide Plans & specifications for the project and redesign of sewer service. Executed Document Follows SUPPLEMENTAL AGREEMENT NO. 2 TO `STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT WITH STANDARD FORM OF ARCHITECT'S SERVICES" AND TO "SUPPLEMENTAL AGREEMENT NO. 1" WITH SPENCER GODFREY, INC. This Supplemental Agreement No. 2 to the City of Round Rock's "Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services" for the Senior Activity Center, with Spencer Godfrey, 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 Spencer Godfrey, Inc., with offices located at 1106 South Mays, Suite 220, Round Rock, Texas 78664 (hereinafter called the "Consultant"). WHEREAS, City and Consultant executed that certain "Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services" with Spencer Godfrey, Inc. on the 13th day of February, 2003 (hereinafter called the "Original Agreement"); and also executed that certain "Supplemental Agreement No. 1" on the 13th day of February, 2003 (hereinafter called "Supplemental Agreement No. 1); and WHEREAS, such documents allow the scope of services to be modified by supplemental agreement executed by both parties within the period specified as the term in the Original Agreement; and WHEREAS, it has become necessary to modify the scope of services of Consultant to provide for additional reimbursable expenses, thereby increasing the total amount of compensation or reimbursement under the terms of the Original 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 Original Agreement and Supplemental Agreement No. 1 are amended as follows: 1. Section 1.1.2.5 of the Original Agreement shall be amended as follows: Total compensation to Architect for delineated services is the fixed sum of Three Hundred Twenty-four Thousand and No/100 Dollars ($324,000.00), plus Reimbursable Expenses in an amount not to exceed six percent (6%) of such $324,000.00 fee, unless specifically authorized herein or by written supplemental agreement. 2. Section 1.5.5 of the Original Agreement shall be amended as follows: tai The sum of Thirty Thousand and No/100 Dollars ($30,000.00) for additional costs of printing plans and specifications necessitated due to requests from an unusually high number ofgeneral contractors and subcontractors. 00058245 Page 1 of 2 tbj The sum of Four Thousand Six Hundred Fifty and No/100 Dollars ($4, 650.00) or additional costs of insurance premiums. The sum of One Thousand Three Hundred Seventy-five and No/100 Dollars ($1,375.00) for MEP engineering costs to relocate sewer service to thefacility. 3. All applicable portions of Supplemental Agreement No. 1, both in general and with specific regard to Section 1.02, shall be amended to read consistently with the above changes. 4. Capitalized terms not otherwise defined in this Supplemental Agreement No. 2 shall have the meanings ascribed to them in the Agreement and any referenced documents. 5. Except as amended hereby, the Agreement as originally written remains in full force and effect. 6. This Supplemental Agreement No. 2 may be executed in multiple counterparts which, when combined together, shall constitute an original. In addition, facsimile signatures of the parties shall be effective on all counterparts of this Supplemental Agreement No. 2. 7. This Supplemental Agreement No. 2, together with the Original Agreement and Supplemental Agreement No. 1, 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. 2 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 WI ' ESS WHEREOF, City and Consultant have executed this Supplemental Agreement N • 2 on the dates indicated below. SPENC By: Date igned: encer III, Principal CITY OF ' 0 ND;' OCK/ By: ax 1 Date Signed: ATTE By: eao 1/-y 5- Christine R. Martinez, City Secretary Page 2 of 2