R-03-12-18-8F1 - 12/18/2003RESOLUTION NO. R -03-12-18-8F1
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services and Supplemental Agreement No. 1 to
the Agreement ("Agreement") with K. C. Engineering, Inc. for the G. O.
Bond Citywide Sidewalks Project, Segment 1, and
WHEREAS, due to a loss in personnel, K. C. Engineering, Inc. has
been unable to respond to construction issues in the necessary time
frame, and therefore has requested termination of the Agreement, and
WHEREAS, Article 20, Section 1 of the Agreement allows for the
termination of the Agreement by mutual consent of the parties, and
WHEREAS, the City of Round Rock and K. C. Engineering now desire
to terminate said Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Agreement for Engineering Services, along with
Supplemental Agreement No. 1 to the Agreement are hereby terminated.
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 18th day of December, 2-&Q3.
NYLE I� Mayor
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Cit ound Rock, Texas
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CHRISTINE R. MARTINEZ, City S retary
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K.C. ENGINEERING, INC.
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o AUSTIN • MARBLE FALLS
1801 SOUTH MOPAC EXPRESSWAY, SUITE 150
g AUSTIN, TEXAS 78746
OFFICE 512.306.8585 FAX 512.330.0737
www.kcengineering.com
November 16, 2003
City of Round Rock
Attn: Danny Halden, P.E., City Engineer
2008 Enterprise Drive
Round Rock, Texas 78664
Re: Citywide Sidewalk Improvements — Segment 1
Mr. Halden:
K.C. Engineering, Inc. (KCE) is the record engineer for the referenced project. KCE entered into the City of
Round Rock Agreement for Engineering Services with K.C. Engineering, Inc. dated September 12, 2002 and
Supplemental Agreement No. 1, dated September 23, 2003, together referred to as the Agreement. KCE has
unexpectedly experienced the departure of key personnel and we now find ourselves having difficulties securing
staff to appropriately assign and adequately fulfill KCE's responsibilities to the Project. In accordance with Article
20 Section 1 of the Agreement, this agreement may be terminated "By mutual agreement and consent, in writing,
of both parties. " With regret, K.C. Engineering, Inc. does respectfully request termination of the Agreement by
mutual consent of the City of Round Rock, effective immediately. KCE is making this request on the basis of what
we feel is in the best interests of the Project.
KCE has completed all work set forth in "Exhibit D" of the Agreement, with the exception of Construction
Support. KCE is now 50 percent complete with the Construction Support and has attached a Final Invoice for
professional engineering services.
KCE very much appreciates having had the opportunity to provide our professional services on this endeavor.
Hopefully, our request will not prejudice future consideration of K.C. Engineering, Inc. for City of Round Rock
efforts. Should you require additional information or clarification, please contact our office.
Sincerely,
Curtis D. Wilson, P.E., R.P.L.S.
Project Manager/Principal
cc: Ruth Haberman, E.I.T., Senior Designer
Engineering and Development Services Department
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DATE: December 12, 2003
SUBJECT: City Council Meeting - December 18, 2003
ITEM: *8.F.1. Consider a resolution authorizing the Mayor to terminate the
Agreement for Engineering Services with K.C. Engineering,
Inc. for the G.O. Bond Citywide Sidewalks, Segment 1 Project.
Resource: Tom Word, Chief of Public Works Operations
Danny Halden, City Engineer
Ruth Haberman, Senior Designer
History: Due to loss in personnel, K. C. Engineering has been unable to respond
to construction issues in the necessary timeframe. They requested
termination of the contract and Engineering & Development Services
Department recommends that the termination be granted. The City
staff is able to take on the responsibilities.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: K. C. Engineering, Inc.
Impact/Benefit: Savings of $1,806.86. The City will not be required to pay for
services that were not rendered adequately.
Public Comment: N/A
Sponsor: N/A