R-04-06-10-13C4 - 6/10/2004RESOLUTION NO. R -04-06-10-13C4
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services ("Agreement") with Coulter
Engineering, Inc. for the design of the Deerfoot Drive 8 -inch Waterline
Improvement Project, and
WHEREAS, Coulter Engineering, Inc. has submitted Supplemental
Agreement No. 3 to the Agreement to extend the contract date, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 3 with Coulter Engineering, 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. 3 to the Agreement with
Coulter Engineering, 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 10th day of June, 2004.
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City .f Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre ary
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STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 3
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Coulter Engineering, Inc. ("Engineer")
ADDRESS: 595 Round Rock West Dr., Ste 101, Round Rock, TX 78681
PROJECT: DEERFOOT DRIVE 8 -INCH WATER LINE IMPROVEMENTS
This Supplemental Agreement No. 3, to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Coulter Engineering,
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 November, 2002 for the Project; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on April 10, 2003
to provide for additional work in the scope of services, for additional compensation and to extend
the termination date of the Agreement from June 9, 2003 to December 9, 2003; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on October 23,
2003 to provide for additional work in the scope of services, additional compensation, and to
extend the termination date of the Agreement from December 9, 2003 to May 31, 2004; 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 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
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
67776
Page 1 of 2
EXHIBIT
Rev.03/02/04
Deerfoot 8 Inch Waterline
7 -ROUND ROCK. TEXAS
DATE: June 4, 2004
SUBJECT: City Council Meeting - June 10, 2004
ITEM: *13.C.4. Consider a resolution authorizing the Mayor to execute
Supplemental Agreement No. 3 to the Agreement for
Engineering Services with Coulter Engineering, Inc. for the
design of the Deerfoot Drive 8 -inch Waterline Improvements.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director of Utilities
Justification:
This resolution is required to extend the contract period. The
construction portion of the project will be completed by the current
contract termination date of May 31, 2004, however, additional time
is needed to allow the engineer providing required Record Drawings
of the project and final invoicing. There is no change to the original
contract amount.
Funding:
Cost: N/A
Source of funds: Capital Project Funds (Self -Financed Utility)
Outside Resources: Coulter Engineering, Inc.
Background Information:
Public Comment: N/A
The existing water line along the west right-of-way of
Deerfoot Drive hasn't aged well and is hard to access,
due to the steep terrain and abundant landscaping in the
area of the water line. By installing an 8 -inch water line
along the east right-of-way of Deerfoot Drive we will
improve future accessibility, water system capacity and
reliability in the Dove Creek neighborhood.
Executed
Document
Follows
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 3
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Coulter Engineering, Inc. ("Engineer")
ADDRESS: 595 Round Rock West Dr., Ste 101, Round Rock, TX 78681
PROJECT: DEERFOOT DRIVE 8 -INCH WATER LINE IMPROVEMENTS
This Supplemental Agreement No. 3, to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Coulter Engineering,
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 November, 2002 for the Project; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on April 10, 2003
to provide for additional work in the scope of services, for additional compensation and to extend
the termination date of the Agreement from June 9, 2003 to December 9, 2003; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on October 23,
2003 to provide for additional work in the scope of services, additional compensation, and to
extend the termination date of the Agreement from December 9, 2003 to May 31, 2004; 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 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
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
67776
P -011-06-10-13C2-1
Page 1 of 2
Rev.03/02/04
(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.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
COULTER ENGIN ING, INC.
By:
Co ter, P. ., President
21 e'URN, zoo 4
Date
Supplemental Agreement
67776
Page 2 of 2
Rev.03/02/04