Contract - Atkins North America - 3/22/2018 STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL CONTRACT NO. 5
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: ATKINS NORTH AMERICA,INC. ("Engineer")
ADDRESS: 11801 Domain Boulevard, Suite 500,Austin, TX 78758
PROJECT: E. Bagdad Avenue Extension
This Supplemental Contract No. 5 to Contract for Engineering Services is made by and between
the City of Round Rock, Texas, hereinafter called the "City" and Atkins North America, Inc.,
hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 24th day of September, 2015 for the E. Bagdad Avenue Extension
Pro j ect in the amount of$104,700.41; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on March 10, 2016 to
amend the scope of services and to increase the compensation by $326,360.94 to a total of
$431,061.35; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 2 on September 8,
2016 to amend the scope of services and to increase the compensation by$85,675.85 to a total of
$516,737.20; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 3 on April 3, 2017 to
amend the work schedule; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 4 on August 24, 2017
to amend the scope of services and to increase the compensation by $199,281.31 to a total of
$716,018.51; and
WHEREAS, it has become necessary to amend the Contract to modify the provisions for the
scope of services and to increase the compensation by$100,929.81 to a total of$816,948.32;
NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract
is amended as follows:
Supplemental Contract Rev.06/16
0199.1539;00395892 84275
7----:Old-�4+ 1
I.
Article 2, En ineering Services and Exhibit B, Engineering Services shall be amended as set
forth in the attached Addendum to Exhibit B. Exhibit C, Work Schedule shall be amended as set
forth in the attached Addendum to Exhibit C.
II.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$100,929.81 the lump sum amount payable under the Contract for a total of $816,948.32, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
[signature pages follow]
Supplemental Contract Rev.06/16
0199.1539;00395892 84275
2
ATKINS NORTH AMERICA,INC.
By:
3 gal
Date
Supplemental Contract Rev.06/16
0199.1539;00395892 84275
3
CITY OF ROUND ROCK APPR ED AS TO ORM:
B 0, k' L -�y:
Craig Morgan, Mayor V Stepha L. Sheets, City Attorney
Date
Supplemental Contract Rev.06/16
0199.1539;00395892 84275
4
ADDENDUM TO EXHIBIT B
Engineering Services
PROJECT DESCRIPTION
The proposed project will include a new location 3-lane extension of McNeil Rd between Mays
St and S Black St as well as the widening of S Georgetown St to 3-lanes between S Black St and
E Main St. Lampasas St will be extended from its current termini at Bagdad Ave to the new
McNeil Rd extension. Lewis St and Stone St will also be extended to connect to McNeil Rd.
The approximate length of the project is 0.54 miles.
The project will be constructed in two phases. The first phase will include all the improvements
west of and including the intersection at Burnet St. The second phase will include the proposed
improvements east of Burnet St.
This supplemental adds construction phase services for phase one.
TASK 1: PROJECT MANAGEMENT
1. Prepare monthly project status updates and invoices.
TASK 2: SURVEYING
No changes with this supplemental.
TASK 3: ENVIRONMENTAL STUDIES
No changes with this supplemental.
TASK 4: PRELIMINARY DESIGN/30% PLANS
No changes with this supplemental.
TASK 5: DIRECT EXPENSES
1. Mileage for weekly coordination meetings
TASK 6: GEOTECHNICAL DESIGN
No changes with this supplemental.
TASK 7: 60% PLANS
No changes with this supplemental.
TASK 8: 95% PLANS
No changes with this supplemental.
TASK 9: 100% PLANS/FINAL SUBMITTAL
No changes with this supplemental.
TASK 10: WATER QUALITY PLANS AND WATER POLLUTION ABATEMENT
PLANS (WPAP)
No changes with this supplemental.
00396004.DOC Pagel of 4
TASK 11: LANDSCAPING AND IRRIGATION PLANS
No changes with this supplemental.
TASK 12: BARRIER WITH FENCE
No changes with this supplemental.
TASK 13: CONSTRUCTION PHASE SERVICES (Phase 1 Only)
These services will be provided on an as requested by the City of Round Rock basis. Invoicing
for these services will be based on actual labor charged to the project at the contract multiplier.
Any budget remaining at the end of the contract will not be invoiced. If all the budget is used
then a supplemental will be needed to continue these services.
1. Attend up to 32 weekly meetings with the City and the Contractor to appraise and answer
general questions and provide clarification that pertains to the plans and construction of
McNeil Rd Extension Phase 1.
2. Prepare one plan revision to incorporate two 6" conduits for Oncor's use and one 4"
conduit for City of Round Rock fiber. The conduits will approximately follow the
Lampasas Street extension.
3. Review shop drawings. Shop drawings will be reviewed based on the following
procedures:
• Review the drawings for conformity to the plans, specifications and special
provisions, as well as conformity to any subsidiary standards or criteria referred to by
the plans, specifications or special provisions.
• If the drawing is found to be in conformity, or an alternate design is adequate and
acceptable, the drawing shall be marked "No Exceptions Taken" with signature, date
and statement that "Review is only for general conformance with the design concept
of the contract documents. Markings or comments shall not be construed as relieving
the contractor from compliance with the project plans and specifications, nor
departures there-from. The Contractor remains solely responsible for details and
accuracy, for confirming and correlating all quantities and dimensions, for selecting
fabrication processes, for techniques of assembly, for safety and for satisfactory
performance of his work."
• If there are only minor corrections, the incorrect information shall be crossed out and
the correct information shall be written next to the crossed-out information. All
redlines shall be done in indelible red ink. The submittal shall be returned marked
"Make Correction as Noted" and no re-submittal shall be required.
• If the corrections are more significant and the Engineer does not concur with the
information on the drawings, then the submittal shall be marked "Amend and
Resubmit." The drawings must then be resubmitted for a second review.
• If the drawings are found not to be in conformity, the drawings shall be marked
"Rejected See Remarks." An explanation of why the submittal was disapproved shall
be provided in enough detail for the Contractor to be able to make the corrections for
re-submittal.
00396004.DOC Page 2 of 4
• Shop drawing and submittal reviews include the following:
(1) Culverts, Manholes, & Inlets
(2) Concrete Fence
(3) Antique Lighting
(4) Concrete and Asphalt Mix Designs
(5) Water/Wastewater Infrastructure Components
4. Respond to up to 15 requests for information (RFIs) that will on average take 4 hours
each to address. The engineer shall document each question in sufficient detail,
formulate a response and submit a written version of the response to the City for
distribution to all involved parties.
5. Provide minor redesign for up to 5 design changes (major redesign should be handled
with a contract supplement). Minor redesign shall consist of anything anticipated to take
less than 16 hours to complete. Anything anticipated to take more than 16 hours should
be handled through a contract supplement.
6. Develop up to 5 change orders that will on average take 16 hours each to prepare.
Change orders documents will be submitted to the City in electronic format.
7. Assemble updated plans based upon redesign requests performed under Task 13 item 4.
Two (2) hard copies and an electronic version of the updated plans will be submitted to
the City upon project completion. The Contractor will be responsible for marking any
additional updates not addressed through plan revisions and providing the final as-built
plans.
8. Review up to 10 monthly pay applications. Reviews will consist of reviewing
calculations. Engineer is not responsible for quantity calculations or confirmation.
9. Participate in final walkthrough and prepare the punch list.
NOT INCLUDED WITHIIN THIS SCOPE
The following items are not included with this scope. These items, if necessary, would be added
to the scope through a supplemental agreement.
1. All inspection services, including but not limited to:
a. Geotechnical investigations and analysis
b. Materials testing
c. Construction survey; verification of contractor's horizontal and vertical control
2. All tasks related to delay and cost claims shall be considered supplemental services and
subject to additional fee, specifically, but not limited to:
a. Time Impact Analyses (TIA) for delay claims
b. Claims defense, response and resolution
00396004.DOC Page 3 of 4
DELIVERABLES
Construction Phase Services (Phase 1 Only)
1. Oncor/Round Rock conduit plan and profile sheet.
2. Reviewed shop drawings/submittals.
3. Responses to up to 15 RFIs.
4. Up to 5 minor redesign plan revisions.
5. Up to 5 change orders.
6. Updated plans per Task 13 item 7.
7. Review for up to 10 monthly pay applications including supporting documentation.
8. Punch list.
00396004.DOC Page 4 of 4
ADDENDUM TO EXHIBIT C
Work Schedule
Attached Behind This Page
E BAGDAD AVE EXTENSION SUPPLEMENTAL#5
EXHIBIT C
ID Task Name Start Finish 2015 2016 2017 2018
1 NTP Tue 9/29/15 Tue 9/29/15 Q3 t 44 i Q1 q2 Q3 ' Q4 q1 q2 Q3 __Q_4 Q1 Q2 Q-3 Q4 Q1
2 Supplemental#1 Thu 3/10/16 Thu 3/10/16 ----�--1,
3 Supplemental#2 Thu 9/8/16 Thu 9/8/16
41 Supplemental#3 Mon 4/3/17 Mon 4/3/17
5 Supplemental#4 Fri 8/25/17 Fri 8/25/17
4 Anticipated NTP Supplemental#5 Thu 2/15/18 Thu 2/15/18 j
6 Survey Wed 9/30/15 Fri 5/6/16
7 Environmental Tech Memo Thu 10/1/15 Mon 5/9/16
8 Prepare 30%Plans Thu 10/1/15 Tue 7/5/16
9 Roadway&Drainage Design Thu 10/1/15 Fri 6/3/16
10 QA/QC Mon 6/6/16 Fri 6/10/16
11 Submit 30%Plans and Environmental Tech Memo Mon 6/13/16 Mon 6/13/16
12 City Review 30%Plans and Environmental Tech Mem Tue 6/14/16 Fri 7/1/16
13 Meet with City to Review 30%Plans and Tue 7/5/16 Tue 7/5/16
Environmental Tech Memo
14 Geotech Pavement Design Mon 3/21/16 Fri 7/1/16
15 Prepare 60%Plans Fri 9/9/16 Wed 12/7/16
16 Roadway,Traffic,Utility&Drainage Design Fri 9/9/16 Mon 10/17/16
17 QA/QC Tue 10/18/16 Mon 10/24/16
18 Submit 60%Plans Tue 10/25/16 Tue 10/25/16
19 City Review 60%Plans Wed 10/26/16 Tue 12/6/16 A
20 Meet with City to Review 60%Plans Wed 12/7/16 Wed 12/7/16
21 Prepare 95%Plans Phase 1 Thu 12/8/16 Wed 5/3/17 r----I
I
22 Roadway,Traffic,Utility&Drainage Design Thu 12/8/16 Wed 4/5/17
23 QA/QC Thu 4/6/17 Tue 4/11/17 t
24 Submit 95%Plans Wed 4/12/17 Wed 4/12/17
25 City Review 95%Plans Thu 4/13/17 Wed 5/3/17 i-
26 Prepare 100%Plans Phase 1 Fri 5/19/17 Thu 1/11/18
27 Roadway,Traffic,Utility&Drainage Design Fri 5/19/17 Fri 12/1/17
owl
28 QA/QC Mon 12/4/17 Fri 12/8/17
29 Submit 100%Plans Mon 12/11/17 Mon 12/11/17
30 Water Pollution Abatement Plan Thu 9/15/16 Wed 11/8/17
i
31 Bid Phase Services Tue 12/12/17 Thu 1/11/18
32 Prepare 95%Plans Phase 2 Mon 8/28/17 Thu 2/1/18
33 Roadway,Traffic,Utility&Drainage Design Mon 8/28/17 Wed 1/3/18 ,
34 QA/QC Thu 1/4/18 Wed 1/10/18 �.
35 Submit 95%Plans Thu 1/11/18 Thu 1/11/18 i
qr
36 City Review 95%Plans Fri 1/12/18 Thu 2/1/18
37 Prepare 100%Plans Phase 2 Fri 2/2/18 Mon 4/16/18
38 Roadway,Traffic,Utility&Drainage Design Fri 2/2/18 Thu 3/29/18
39 QA/QC Fri 3/30/18 Fri 4/13/18
40 Submit 100%Plans Mon 4/16/18 Mon 4/16/18 I
42 Construction Phase Services-Phase 1 Fri 1/12/18 Mon 12/31/18
Page 1
Updated: Fri 1/19/18
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
E BAGDAD AVE EXTENSION
SUPPLEMENTAL#5
EXHIBIT D
Project Name: E Bagdad Ave Extension
Total Total Other
Task Labor Hours Loaded Labor Cost Direct Costs Subconsultants TOTALS
Task 1: Project Management 30.0 $4,182.29
$4,182.29
Task 5: Direct Expenses
$428.00 $428.00
Task 13: Construction Phase Services(Phase 1 Only) 638.0 $96,319.521 $96,319.52
GRAND TOTAL: 668 $100,501.81 $428.00 $0.00-1 $100,929.81
Overhead Rate= 157.53% Atkins Raw Labor= $ 34,844.00
Profit Rate= 12% Atkins Overhead= $ 54,889.75
Atkins Profit= $ 10,768.06
Atkins Total Labor= $ 100,501.81
Page 1
E BAGDAD AVE EXTENSION
SUPPLEMENTAL#5
EXHIBIT D
Task 1: Project Management
Task Description Project Design Design CADD GIS Admin/ Total
Manager Engineer EIT Operator Graphics Clerical Hours
Rates $ 82.00 $ 45.00 $ 32.50 $ 26.00 $ 25.00 $ 31.50
A. Project Management
1. Prepare monthly project status updates and invoices 1020 1 30
Totals 10 20 t 30
Raw Labor $ 820.00 $ - $ - $ - $ - $ 630.00 $ 1,450.00
Multiplier 2.88 2.88 2.88 2.88 2.88 2.88
$ 2,365 $ - $ - $ - $ - $ 1,817 $ 4,182.29
Page 2
E BAGDAD AVE EXTENSION
SUPPLEMENTAL#5
EXHIBIT D
Task 5: Direct Expenses
Direct Cost Unit Quantity Unit Price Total
Site Visits&Meetings
Mileage Mile 800 $0.535 $428.00
Permits/Fees
TCEQ WPAP Application fee EA $4,000.00 $0.00
Printing
Exhibits Color on Bond SF $5.00 $0.00
Photocopies B/W 8.5 X 11 EA $0.05 $0.00
Photocopies B/W 11 X 17 EA $0.10 $0.00
M lar Plots 11 X 17 EA $2.50 $0.00
Overnight Mail-letter size EA $17.50 $0.00
Overnight Mail-oversized box EA $35.00 $0.00
Courier Services EA $37.50 $0.00
Total Direct Expenses $428.00
Page 3
E BAGDAD AVE EXTENSION
SUPPLEMENTAL#5
EXHIBIT D
TASK 13: CONSTRUCTION PHASE SERVICES(Phase 1 Only)
Project Senior Senior Design Design Senior Senior CADD GIS Admin/ Total
Task Description Manager Engineer Engineer Engineer EIT Eng CADD Operator Graphics Clerical Hours
(QAQC) Tech Operator
Rates $ 82.00 $ 65.00 $ 62.00 $ 45.00 $ 32.50 $ 44.00 $ 35.00 $ 26.00 $ 25.00 $ 31.50
A. Construction Phase Services Phase 1 only)
1. Attend up to 32 weekly meetings 64 20 20 1 104.0
2. Oncor conduit Plan revision 2 6 16 1 32 56.0
3. Shop drawing/submittal review 40 80 4 124.0
4. Respond to up to 15 RFls 4 hours each 15 15 30 60.0
5. Prepare up to 5 minor design changes 16 hours each 10 20 50 80.0
6. Prepare up to 5 change orders 16 hours each 10 20 50 80.0
7. Assemble updated plans 8 8 16 40 72.0
8. Review up to 10 pay applications 10 20 30.0
9. Walkthou h and punch list 8 8 16 32.0
Totals 125.0 2.0 137.0 182.0 156.0 36.0 638.0
Raw Labor $10,250.00 $ 130.00 $ 8,494.00 $ 8,190.00 $ 5,070.00 $ - $1,260.00 $ - $ - $ - $ 33,394.00
Multiplier 2.88 2.88 2.88 2.88 2.88 2.88 2.88 2.88 2.88 2.88
$ 29,564 $ 375 $ 24,500 $ 23,623 $ 14,624 $ - $ 3,634 $ - $ - $ - $ 96,319.52
Page 4
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-312391
Atkins North America, Inc.
Tampa,FL United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/12/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
E Bagdad Ave Extension Project
Supplemental#5:Construction Phase Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
The Atkins North America Holdings Corporation Tampa, FL United States X
Nash,George Edison,NJ United States X
Edgar IV,C. Ernest Tampa, FL United States X
Newton,Michael M. Tampa, FL United States X
Steele Jr.,James R. Tampa,FL United States X
Quinn Sr., David D. Boston, MA United States X
Burns Jr.,Kenneth J. Denver,CO United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Rene de los Rios,Assistant Secretary and my date of birth is May 29th, 1970
My address is 800 Waterford Way, Suite 700 Miami FL 33126
U.S.
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Miami-Dade County, State of Florida on the 12th day of February ,2018
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523
CERTIFICATE OF INTERESTED PARTIES FORM 1295
10f1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-312391
Atkins North America, Inc.
Tampa, FL United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 02/12/2018
being filed.
City of Round Rock Date Acknowledged:
02/21/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
E Bagdad Ave Extension Project
Supplemental#5:Construction Phase Services
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
The Atkins North America Holdings Corporation Tampa, FL United States X
Nash,George Edison, NJ United States X
Edgar IV, C. Ernest Tampa, FL United States X
Newton, Michael M. Tampa, FL United States X
Steele Jr.,James R. Tampa, FL United States X
Quinn Sr., David D. Boston, MA United States X
Burns Jr., Kenneth J. Denver,CO United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is ,
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523