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R-04-03-25-14H2 - 3/25/2004RESOLUTION NO. R-04-03-25-14112 WHEREAS, the City of Round Rock has previously entered into an agreement for engineering services ("Agreement") with Alliance Texas Engineering for traffic signal design at the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive, and WHEREAS, Alliance Texas Engineering has submitted Supplemental Agreement No. 1 to the Agreement for Engineering Services to extend the contract period, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 1 with Alliance Texas Engineering, 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 Engineering Services with Alliance Texas Engineering, a copy of same being attached hereto as Exhibit "A" and incorporated herein. 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 March, 2004. ATTES alth-4/Le„. NYL LL, Mayor City o Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta PFDesktop\:•ODMA/WORLDOX/O:i WDOX/RESOLUTI/R40325H2.WPD/5, STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Alliance -Texas Engineering Company ("Engineer") ADDRESS: 100 East Anderson Lane, Suite 300 PROJECT: Traffic Signal Designs at McNeil/Oakridge and McNeil/St. Williams This Supplemental Agreement No 1, to Agreement for Engineering Services is made by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "City" and ALLIANCE - TEXAS ENGINEERING COMPANY., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 13th day of November, 2003 for the Project; and WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. 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 performed 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 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. Supplemental Agreement 64562 Page 1 of 2 EXHIBIT "An Rev.02/24/04 00064514 .`mmimmimmm. DATE: March 19, 2004 SUBJECT: City Council Meeting - March 25, 2004 ITEM: *14.H.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 1 to the Agreement for Engineering Services with Alliance Texas for traffic signal design for the intersections of McNeil Road at St. Williams Avenue and McNeil Road at Oakridge Drive. Department: Transportation Services Staff Person: Tom Martin, Director of Transportation Services Justification: Supplemental Agreement No. 1 will extend the contract until December 31, 2004. Funding: Cost: N/A Source of funds: Transportation System Development Corporation Outside Resources: Alliance -Texas Engineering Inc. Background Information: Public Comment: N/A The original contract will expire on March 31, 2004 and due to extended negotiations with Union Pacific Railroad a time extension is needed. EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Alliance -Texas Engineering Company ("Engineer") ADDRESS: 100 East Anderson Lane, Suite 300 PROJECT: Traffic Signal Designs at McNeil/Oakridge and McNeil/St. Williams This Supplemental Agreement No 1, to Agreement for Engineering Services is made by and between the CITY OF ROUND ROCK, TEXAS, hereinafter called the "City" and ALLIANCE - TEXAS ENGINEERING COMPANY., hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 13th day of November, 2003 for the Project; and WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. 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 performed 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 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. P-0/-03 ,,25-Nia Supplemental Agreement 64562 Page 1 of 2 Rev.02/24/04 00064514 IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement No. 1 in duplicate. ALLIANCE] TE S Ed' E IkjG COMPANY By: c_07--, A. D r -t (printed name and title) SEN io2[t.A,JSPORTATIOn) EA.)6 EEJZ. 3 -4-c4- Date CITY OF ' ND R ! C • P swell, Mayor By: Date Supplemental Agreement 64562 Page 2 of 2 Rev.02/24/04 00064514