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R-98-11-24-14D3 - 11/24/1998TEXAS, WHEREAS,the City of Round Rock has previously entered into a contract ( "Contract ") with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, and WHEREAS, it has been determined that it is necessary to change said Contract in accordance with the attached Third Agreement Modifying Written Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City a Third Agreement Modifying Written Contract with Spencer Godfrey Architects for architectural services for the design of the Clay Madsen Recreation Center, a copy of said agreement being attached hereto 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, and the Act. RESOLVED this 24th day of Novembe 1998. CHARLES CULPEPPER, Mayor ST: City of Round Rock, Texas 1110 AtAi / 1411 •l: NE LAND, City Secretary K:\ WPDDC S \RSSOLI7I \R81134D].WPD /BC9 RESOLUTION NO. R- 98- 11- 24 -14D3 THIRD AMENDMENT TO ARCHITECT'S AGREEMENT This A�mpdment to Architect's Agreement ( "Amendment ") is made on the o1"1- day of the month of NOVeM136R , 1998, by and between the CITY OF ROUND ROCK, Texas (hereinafter referred to as "Owner "), of 221 East Main Street, Round Rock, Texas 78664, and SPENCER GODFREY ARCHITECTS (hereinafter referred to as "Architect "), of 1106 South Mays Street, Suite 120, Round Rock, Texas 78664. On September 10, 1997, the parties to this Amendment entered into a contract ( "Architect's Agreement ") for Architect to provide certain basic architectural services and non -basic architectural services /civil engineering to Owner related to the design of a new multi - purpose, multi -use freestanding community recreation center to be constructed on Gattis School Road, in an existing city park, located within the corporate city limits of Round Rock, Texas. The parties to this Amendment desire to and do hereby modify the Architect's Agreement in the following respects: Paragraph 12.7 of Article 12 is amended to add the following consultant to the list of consultants previously included: Swimming Pool Consultant: Mr. Lew Akins, LLP The total fee for Basic Services of the Architect under the terms of this Amendment will be increased by a sum equal to TWENTY - FOUR THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($24,750.00). This fee increase is to cover the professional services of the aforementioned swimming pool consultant. The revised fee for Basic Architectural Services, to be performed under the terms of the Architect's Agreement, including the fee for the swimming pool consultant, will become THREE HUNDRED FOURTEEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS ($314,750.00). As hereinbefore stated, this Amendment is supplemental to the Architect's Agreement between the parties dated September 10, 1997, and first amended June 11, 1998. It is expressly agreed by and between the parties that all terms, conditions, and provisions of the Architect's Agreement (unless specifically modified in this Amendment) are to apply to this Amendment. It is further expressly agreed by and between the parties that this Amendment, except to the particular provision modified hereby, shall in no way act as a waiver of any of the conditions and obligations imposed on the parties by the Architect's Agreement, and that any rights which either of the parties may have by virtue \WPNGCS \CITY \RECCENT6 \AGREEMEN.wn /tw of the Architect's Agreement are to be considered as of full force and effect. t�1 EXECUTED on this the aY 'day of the month of Nov6m, 1 , 1998. OWN ARC ECT: (Signature) Charles Culpepper, Mayor Bayard "Bo" M. Spencer, III (Printed name and title) (Printed name and title) 2. DATE: November 20, 1998 SUBJECT: City Council Meeting — November 24, 1998 ITEM: 14.D.3. Consider a resolution amending the architect's agreement with Spencer Godfrey for design of the Clay Madsen Recreation Center to include a Pool Design Consultant This will increase the contract by $24,750.00, for a total of $314,750.00. Staff Resource Person: Sharon Prete, Parks and Recreation Director.