CM-2018-1725 - 5/18/2018STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL CONTRACT NO.2
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: FREESE AND NICHOLS INC. ("Engineer")
ADDRESS: 10431 Morado Circle Building 5 Suite 300 Austin TX 78759
PROJECT: Dry Branch Tributaries
This Supplemental Contract No. 2 to Contract 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 a Contract for Engineering Services, hereinafter
called the "Contract", on the 8th day of August, 2014 for the Dry Branch Tributaries Project in
the amount of $48,572.00; and
WHEREAS, the City and Engineer executed Supplemental Contract No. I on August 27, 2015
to amend the scope of services and to increase the compensation by $228,637.00 to a total of
$277,209.00; 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 $9,000.00 to a total of $286,209.00;
NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract
is amended as follows:
I.
Article 2. Engineering 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
$9,000.00 the maximum amount payable under the Contract for a total of $286,209.00, as shown
by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
Supplemental Contract
0199.1443;00401002
6c1-20F-(72�
Rev.06/16
84275
FREESE AND NICHOLS, INC.
By:
/,-/ 157" ,vie
Date
SupplcmcntaI Contract Rcv.06/16
0199.1443;00401002 84275
CITY OF ROUND ROCK APP VE AST FORM:
By:
r StePh4 L. Sheets, CityAttorney
�sQ , 4:�
5-46f-A?
Date
Supplemental Contract Rcv.06116
Supplemental Contract Rev,06/16
0199.1443;00401002 84275
ADDENDUM TO EXHIBIT B
Engineering Services
Exhibit B "Engineering Services" in the Contract for Engineering Services between the City of
Round Rock and Freese and Nichols, Inc. dated August 8, 2014 and the Addendum to Exhibit B
"Engineering Services" in Supplemental Contract No. 1 to Contract for Engineering Services dated
August 27, 2015 is amended by Supplemental Contract No. 2 as follows:
2.1.6 Task 6: Design Surveys, Geotechnical Investigation, and Site Visits
Delete the following:
C. Geotechnical Investigation and Recommendations: Coordinate with Halt
Engineering to perform geotechnical drilling, testing, and engineering to provide
recommendations and stability analysis for the gravity block wall design for the Dry
Branch East Tributary Channel Improvements based on their attached detailed
scope of work
Add the following:
C. Geotechnical Investigation: Perform site visit, obtain "grab" soil samples, and utilize
data obtained from said visits and samples and any other available geotechnical
information to perform a stability analysis and design of the gravity block wall and/or
other aspects of the protect.
2.1.6 Task 7: Final Design
Delete the following under section a:
Mimosa Improvements - the final design configuration will be determined with the City
based upon revised "maximum excavation", "minimum excavation", and upstream pond
(insert pond designed by others) hydraulic models. It is anticipated that the proposed
Mimosa Improvements model results will be submitted to the City for selection of the final
design configuration prior to proceeding with development of the plans.
Add the following at the end of section d:
If directed by the City: revise 100% construction contract documents to incorporate fill
disposal areas identified by the City, fencing, wastewater services and pipe casing
installations desired by the City, and the Engineer's design of measures to convey storm
water from the East Tributary to the private pond adjacent to the East Tributary; revise
100% design plans for Reach 1 realignment resulting from land acquisition by the City;
revise 100% construction contract documents for the East Tributary to incorporate
possible design optimization and alterations resulting from temporary construction
easements secured by the City, to provide for gravity block wall as an alternative, and to
provide channel lining other than rock riprap; and update hydraulic model(s) to reflect
proposed conditions, including preparation of a final floodplain map for the tributaries.
Page 1 of 2
2.1.7 Task B: Environmental Permitting
Delete the following under section b:
Federal Permitting. Prepare the PCN for each project. Based on preliminary
review of the existing conditions and proposed improvements it appears the
Mimosa Trail Channel Improvements, Dry Branch East Tributary Channel
Improvements, and Dry Branch Reach I Channel Improvements can be
covered by Nationwide Permit (NWP); however, due to the lengths of the
projects they will require notification and coordination with the USACE
District Engineer. A jurisdictional determination report will be prepared for
each of the three channel improvement projects in support of the pre -
construction notification (PCN) if needed.
Due to the existing conditions of the Dry Branch Reach I Channel and the
need for channel realignment, it is possible that the USACE will not allow
the project to proceed under the NWP.
The District Engineer has the discretion to require submittal of a pre -
construction notification (PCN) for projects under a NWP that exceed the
minimum thresholds for notification.
If the projects are not covered under the NWP and require submittal of
additional documents to the USACE those will be completed as additional
service
Add the following to the end of section b:
Based on preliminary review of the existing conditions and proposed
improvements it appears the Dry Branch East Tributary Channel
Improvements and Dry Branch Reach I Channel Improvements can be
covered by Nationwide Permit (NWP). The Engineer shall determine
necessary and/or applicable national or state permitting requirements, notify
the City of the requirements, and advise the City accordingly regarding
steps and measures needed to satisfy and/or comply with the requirements.
Page 2of2
ADDENDUM TO EXHIBIT C
Work Schedule
Exhibit C "Work Schedule" in the Contract for Engineering Services between the City of Round Rock
and Freese and Nichols, Inc. dated August 8, 2014 and the Addendum to Exhibit C "Work Schedule"
in Supplemental Contract No. 1 to Contract for Engineering Services dated August 27, 2015 is
amended to as shown below.
Task Name Duration(Start Finish Qtr 2, 2018 Qtr 3, 2018 Qtr 4, 2018 Qtr 1, 2019
l Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
1
2 Open Bids
0 days
Tuc 4/10/18
Tue 4/10/18
4/20
3 Review, Award, NTP
53 days
Tue 4/10/18
Fri 6/1/18
4 Construction
240 days
Mon 6/4/18
Tue 1/29/19
5 Substantial Completion 210 days
Mon 6/4/18
Sun 12/30/18
5 Final Completion
30 days
Mon 12/31/1fTue 1/29/19
Task External Milestone O Manual Summary Rollup rrr�
Split Inactive Task Manual Summary WMMMNMMM09
Project Construction Schedule Milestone Inactive Milestone Start only
Date. Wed 5/9/18 Summary Inactive Summary Finish -only
Project Summary 5W---��4 Manual Task Deadline i
EKtemalTasks I Duration only Progress
Page 1
ADDENDUM TO EXHIBIT D
Fee Schedule
Exhibit D "Fee Schedule" in the Contract for Engineering Services between the City of Round Rock and Freese
and Nichols, Inc. dated August 8, 2014 2014 and the Addendum to Exhibit D "Fee Schedule" in Supplemental
Contract No. 1 to Contract for Engineering Services dated August 27, 2015 is amended by Supplemental
Contract No. 2 as follows:
DRY BRANCH TRIBUTARIES AMENDED FEE SCHEDULE
Task
Total
Labor
Hours
Total Loaded
Labor Cost
Other
Direct
Costs
Sub -
consultants
TOTALS
Original Contract
1. Project Management
29
$4,843.00
$20.00
$0.00
$4,863.00
2. Data Review and Field Recon.
54
$7,303.00
$40.00
$0.00
$7,343.01)
3. Update H&H Analysis
82
$9,890.00
$20.00
$0.00
$9,910.00
4. Recommendations
145
$18,256.00
$20.00
$0.00
$18,276.00
5. Prepare Letter Report
63
$8,160.00
$20.00
$0.00
$8,180.00
Original Contract Totals
373
$48,452.01) 1
$120.00 1
$0.001
$48,572.00
Supplemental Contract No. 1
1. Project Management
60
$10,540.00
$0.00
$0.00
$10,540.00
6. Survey, Geotech, Site Visits
20
$3,052.00
$0.00
$38,020.00
$41,072.00
7. Final Design
958
$124,118.00
$0.00
$0.00
$124,118.01)
8. Environmental Permitting
296
$38,638.00
$0.00
$0.00
$38,638.00
9. Bid and Construction Phase Services
107
$13,769.00
$500.00
$0.00
$14,269.00
Supplemental Contract No.1 Totals
1441
$190,117.00
$500.00
$38,020.00
$228,637.00
Supplemental Contract No. 2
6. Survey, Geotech Site Visits
12
$1,764.50
$0.00
4,829.50)
($3,065.00
7. Final Design
339
$43,889.00
$0.00
$0.00
$43,889.00
8. Environmental Permittin
(244)
($31,824.00)
$0.00
$0.00
($31,824.00)
Supplemental Contract No. 2 Totals
107
$13,829.50
$0.00
($4,829.50)
$9,000.00
TOTAL CONTRACT AMOUNT
1. Project Management
89
$15,383.00
$20.00
$0.00
$15,403.00
2. Data Review and Field Recon.
54
$7,303.00
$40.00
$0.00
$7,343.00
3. Update H&H Analysis
82
$9,890.00
$20.00
$0.00
$9,910.00
4. Recommendations
145
$18,256.00
$20.00
$0.00
$18,276.00
S. Prepare Letter Report
63
$8,160.00
$20.00
$0.00
$8,180.00
6. Survey, Geotech, Site Visits
20
$4,816.50
$0.00
$33,190.50
$38,007.00
7. Final Design
1297
$168,007.00
$0.00
$0.00
$168,007.00
8. Environmental Permitting
52
$6,814.00
$0.00
$0.00
$6,814.00
9. Bid and Construction Phase Services
107
$13,769.00
$500.00
$0.00
$14,269.00
CONTRACT TOTALS
1909
$252,398.50 1
$620.00
$33,190.50
$286,209.00
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City of Round Rock
J?ROUN�O
ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing Supplemental Contract No. 2 with Freese and Nichols,
Inc. for the Dry Branch Tributaries Project.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/18/2018
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $9,000.00
Indexes: 2014 Drainage Revenue Bonds
Attachments: SC#2.pdf, LAF.pdf, MAP.pdf
Department: Utilities and Environmental Services
Text of Legislative File CM -2018-1725
Consider executing Supplemental Contract No. 2 with Freese and Nichols, Inc. for the Dry
Branch Tributaries Project.
The Dry Branch Tributaries Channel Improvements project will provide improvements for a
portion of Dry Branch and its unnamed tributary to the east. These drainageways are just
north of Gattis School Road near the Joyce Lane and Ray Berglund Boulevard residential
neighborhoods. The project will provide conveyance improvements for flood control and
will correct erosion and protect City wastewater infrastructure.
The engineer, Freese and Nichols, Inc., has informed the City that the cost for the final
design task exceeded the amount previously established for the task by approximately
$57,500, and believes the cost overrun is due to additions and/or alterations to the
construction drawings requested by the City that were beyond the previously established
design scope. The engineer therefore is requesting additional reimbursement from the
City. The engineer will not need to provide all of the environmental, geotechnical, and
surveying services established under previous associated contracts and has requested
that unexpended funds for these items of approximately $35,000 be assigned to the final
design task.
City staff agrees that some but not all of the additions and/or alterations to the construction
City of Round Rack Page f Pdnfed on 5/18/2018
Agenda Item Summary Continued CM•2018.1725
drawings were beyond the previously established scope; and believes that the City should
fund approximately 75% of the engineer's cost overrun, or approximately $44,000. Utilizing
and assigning the aforementioned unexpended funds to the final design task, and also
adding $9,000 to the contract for final design will allow the City to fund its share of the extra
cost incurred by the engineer.
The current contract amount is $277,209; with this supplement, the new total will be
$286,209.
Staff recommends execution of Supplemental Engineering Contract No. 2.
Cost: $9,000
Source of Funds: 2094 Drainage Revenue Bonds
City of Round Rock page 2 Pdated an 5116/2018