R-05-05-26-12E4 - 5/26/2005RESOLUTION NO. R -05-05-26-12E4
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services ("Agreement") with Chiang, Patel &
Yerby, Inc. for the preparation of schematics, environmental documents,
plans specifications, and estimates (PS&E) for the reconstruction of
Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen
Road Phase II Project), and
WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental
Agreement No. 2 to the Agreement to extend the contract date, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 2 with Chiang, Patel & Yerby, 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 with
Chiang, Patel & Yerby, 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 26th day of May, 2005
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CHRISTINE R. MARTINEZ, City Sec tart'
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City of Round Rock, Texas
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STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 2
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Chiang, Patel & Yerby Inc. ("Engineer")
ADDRESS: 11149 Research Boulevard, Suite 330, Austin, TX 78759
PROJECT: Kiphen Road from the old MKT Railroad ROW to CR 122
(Kiphen Road Phase II Project)
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 Chiang, Patel & Yerby
Inc., hereinafter called the "Engineer".
WHFREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 26th day of September, 2002 for Kiphen Road from
the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) for the sum of
$842,309.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on July 10, 2003
to amend the scope of services and to increase the compensation by $51,582.00 to a total of
$893,891.00; and
WHEREAS, it has become necessary to amend the Agreement to extend the Agreement and to
modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
I.
Article 2, Scope Of Services To Be Performed By Engineer to reflect a revised Work Schedule
which is attached hereto as Addendum to Attachment C, Work Schedule.
II.
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
Supplemental Agreement
Chiang-/dphenrd; TX02CR113; 86052 Rev.03/02/04
1
EXHIBIT
nAn
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
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.
Article 7, Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, City and the Engineer have executed this Supplemental
Agreement in duplicate.
Date
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
Date
Supplemental Agreement
Chiang-kipheard; TX02CR113; 86052
2
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
Rev.03/02/04
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the scope of this project are as follows:
City Review of 90% Plans
100% Plans Submittal
Project Letting
Construction Phase Services
January 13 — July 8, 2005
August 29, 2005
September 30, 2005
October, 2005 — December, 2006
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DATE: May 20, 2005
SUBJECT: City Council Meeting - May 26, 2005
ITEM: *12.E.4. Consider a resolution authorizing the Mayor to execute
Supplemental Agreement No. 2 with Chiang, Patel & Yerby, Inc.
for the reconstruction of Kiphen Road from the old MKT Railroad
right-of-way to CR 122. (Kiphen Road, Phase II Project)
Department: Transportation Services
Staff Person: Tom Martin, Director of Transportation Services
Justification:
Approval of supplemental agreement No. 2 will allow the contract period to be extended so
that Chiang, Patel & Yerby, Inc. can provide construction inspection services for the City.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Chiang, Patel, & Yerby, Inc.
Background Information:
The Round Rock Transportation System Development Corporation TCIP includes a project for
the reconstruction and expansion of Kiphen Road to a 4 -lane divided arterial.
Public Comment: N/A
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 2
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Chiang, Patel & Yerby Inc. ("Engineer")
ADDRESS: 11149 Research Boulevard, Suite 330, Austin, TX 78759
PROJECT: Kiphen Road from the old MKT Railroad ROW to CR 122
(Kiphen Road Phase II Project)
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 Chiang, Patel & Yerby
Inc., hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 26th day of September, 2002 for Kiphen Road from
the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) for the sum of
$842,309.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on July 10, 2003
to amend the scope of services and to increase the compensation by $51,582.00 to a total of
$893,891.00; and
WHEREAS, it has become necessary to amend the Agreement to extend the Agreement and to
modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
I.
Article 2, Scope Of Services To Be Performed By Engineer to reflect a revised Work Schedule
which is attached hereto as Addendum to Attachment C, Work Schedule.
II.
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
Supplemental Agreement Rev.03/02/04
Chiang-kiphenrd; TX02CR113; 86052
1
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
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.
III.
Article 7, Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate. 2
CHIANG, PATE
By:
Y INC.
Date
CITY OF
By:
xwe , or
(r 05
Date
Supplemental Agreement
Chiang-kiphenrd; TX02CR113; 86052
2
. Sheets, City Attorney
Rev.03/02/04
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the scope of this project are as follows:
City Review of 90% Plans
100% Plans Submittal
Project Letting
Construction Phase Services
January 13 — July 8, 2005
August 29, 2005
September 30, 2005
October, 2005 — December, 2006