R-04-03-25-14H3 - 3/25/2004RESOLUTION NO. R-04-03-25-141-13
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services with Freese and Nichols, Inc. for
preliminary schematic design services for improvements to Ledbetter
Street, and
WHEREAS, Freese and Nichols, Inc. has submitted Supplemental
Agreement No. 1 to the Agreement for Engineering Services for a change
in the scope of services, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 1 with Freese and Nichols, 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. 1 to the Agreement for
Engineering Services with Freese and Nichols, 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 March, 2014
N `yam, WELL, Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret _f y
e PFDe:ktop\. ODMA;WORLDOX/O:/WDOX/RESOLUTI/R40325P.3.WPD/sc
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Freese and Nichols, Inc. ("Engineer")
ADDRESS: 10814 Jollyville Road, Building 4, Suite 100, Austin, Texas 78759
PROJECT: Ledbetter Street Improvements
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 Freese and Nichols,
Inc., hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 27th day of February, 2003 for the Project; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services, modify the compensation, 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 and Exhibit B, Services To Be
Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit
B.
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 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.
Supplemental Agreement
64829
Page 1 of 4
EXHIBIT
8 "An
Rev.08/11/03
(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 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$11,366.00 the lump sum amount payable under the Agreement for a total of $ 107,252,13, as
shown by the attached Addendum to Exhibit D.
IV.
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.
FREESE AND NICHOLS, INC.
By:
Date
CITY OF ROUND ROCK
By:
Nyle Maxwell, Mayor
Date
Supplemental Agreement
64829
Page 2 of 4
Rev.08/ 11 /03
ADDENDUM TO EXHIBIT B
Service to be Performed by the Engineer
The changes to the scope of this project are as follows:
1. Additional surveying, preparation of property description, and property sketch for
the acquisition of a street right-of-way from the Olivia Banks property.
2. Addition of the Nava and Ortiz tracts to the plat.
3. In order to comply with the requirements of the Planning and Zoning
Commission, the following must be done:
• Show all existing easements on the final plat.
• Identify all leinholders and gain their consent for platting.
In order to perform the above, the services of a title abstractor will be needed in order
to obtain the information from public records. A technician to plot all of the
easements and a surveyor to determine the location of complicated descriptions and to
provide quality assurance of the work will also be needed.
Supplemental Agreement
64829
Page 3 of 4
Rev.08/11/03
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
1. Additional surveying for Olivia Banks property. $1,625.00
2. Additional tracts added to the plat. $4,800.00
3. Additional cost to comply with Planning and Zoning Commission. $4,400.00
4. Administrative cost. $ 541.00
Supplemental Agreement
64829
Total cost for additional services $11,366.00
Page 4 of 4
Rev.08/11/03
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DATE: March 19, 2004
SUBJECT: City Council Meeting - March 25, 2004
ITEM: *14.H.3. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Agreement for Engineering Services with
Freese and Nichols, Inc. for preliminary schematic design services for
improvements to Ledbetter Street.
Department:
Staff Person:
Transportation Services
Tom Martin, Director or Transportation Services
Justification: This Supplemental Agreement No. 1 is to provide for a change in the scope
of services.
Funding:
Cost: $11,366.00
Source of funds: Capital Project Funds (2001 GO Bonds)
Outside Resources:
Background Information:
Public Comment: N/A
Freese and Nichols, Inc.
The City is developing a project to rebuild and widen Ledbetter
Street. With the approval of Supplemental Agreement No. 1,
Freese and Nichols, Inc., will provide additional surveying,
property descriptions and sketches in preparation of final platting
by Planning and Zoning.
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Freese and Nichols, Inc. ("Engineer")
ADDRESS: 10814 Jollyville Road, Building 4, Suite 100, Austin, Texas 78759
PROJECT: Ledbetter Street Improvements
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 Freese and Nichols,
Inc., hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 27th day of February, 2003 for the Project; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services, modify the compensation, 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 and Exhibit B, Services To Be
Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit
B.
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 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.
Supplemental Agreement
64829
Page 1 of 4
Rev.08/ 11 /03
(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 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$11,366.00 the lump sum amount payable under the Agreement for a total of $ 107,252,13, as
shown by the attached Addendum to Exhibit D.
IV.
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.
FREESE AND NICHOLS, INC.
By: 221"t%�/
Date
CITYOFR. .ND 'O
By:
Ny ell, ayor
Date
3 J3-01
Supplemental Agreement
64829
Page 2 of 4
Rev.08/11/03
ADDENDUM TO EXHIBIT B
Service to be Performed by the Engineer
The changes to the scope of this project are as follows:
1. Additional surveying, preparation of property description, and property sketch for
the acquisition of a street right-of-way from the Olivia Banks property.
2. Addition of the Nava and Ortiz tracts to the plat.
3. In order to comply with the requirements of the Planning and Zoning
Commission, the following must be done:
• Show all existing easements on the final plat.
• Identify all leinholders and gain their consent for platting.
In order to perform the above, the services of a title abstractor will be needed in order
to obtain the information from public records. A technician to plot all of the
easements and a surveyor to determine the location of complicated descriptions and to
provide quality assurance of the work will also be needed.
Supplemental Agreement
64829
Page 3 of 4
Rev.08/11/03
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
1. Additional surveying for Olivia Banks property. $1,625.00
2. Additional tracts added to the plat. $4,800.00
3. Additional cost to comply with Planning and Zoning Commission. $4,400.00
4. Administrative cost. $ 541.00
Supplemental Agreement
64829
Total cost for additional services $11,366.00
Page 4 of 4
Rev.08/ 11 /03