R-00-10-12-10D3 - 10/12/2000 RESOLUTION NO. R-00-10-12-10D3
WHEREAS, the City of Round Rock has previously entered into an
agreement for engineering services ("Agreement") with Earth Tech
Environment & Infrastructure, Inc. for the IH-35 turnaround projects,
and
WHEREAS, Earth Tech, Inc. has submitted Supplemental Agreement
No. 1 for a change in the scope of services, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 1 with Earth Tech Environment & Infrastructure, 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 with Earth Tech
Environment & Infrastructure, Inc. for a change in the scope of
services.
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, and the Act.
RESOLVED this 12th day of Oc er, 2 00.
R A. STLLTKA, J ayor
A TE City of Round Rock, Texas
1U) X9
JO E LAND, City Secretary
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THE STATE OF TEXAS §
THE COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 1
TO CONTRACT FOR ENGINEERING SERVICES
This Amendment to the Contract for Engineering Services is made by and between the City of
Round Rock,Texas,hereinafter called the"City"and Rust Environment&Infrastructure Inc.,
d/b/a Rust Lichliter/Jameson,hereinafter called the"Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services,hereinafter
called the"Contract,"on the 13`s day of November,1997 to develop roadway construction plans,
specifications,and estimates for the construction of three IH 35 Frontage Road turnaround
structures to be relocated north and south of FM 1325(Louis Henna Boulevard)and south of IH
35-L(Hester's Crossing)in Round Rock,and
WHEREAS,ARTICLE 2,SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER,
describes those engineering services to be provided by the Engineer as a part of the Contract,and
WHEREAS,ARTICLE 3,CONTRACT PERIOD,requires termination of the Contract on
November 30,1998 unless the Contract is extended,and
WHEREAS,ARTICLE 4,COMPENSATION,establishes the maximum lump sum payable
under this contract at$328,000 without modification of the contract,and
WHEREAS,Rust Lichliter/Jameson,a division of Rust Environment&Infrastructure Inc.filed
an Articles of Amendment with the Texas Secretary of State's office on November 16,1998,to
legally change the firm's name to Earth Tech Environment&Infrastructure Inc.,a copy of which
is attached hereto;and,
WHEREAS,effective the 18 day of November,1998,the Engineer is no longer conducting
business under the name of Rust Environmental&Infrastructure,Inc.,dba Rust
Lichliter/Jameson and has subsequently been renamed Earth Tech Environment&Infrastructure,
Inc.,with the mailing address of 811 Barton Springs Road,Suite 400,Austin,Texas 78704-11 64,
with no significant changes in key personnel or resources;and,
WHEREAS,it has become necessary to amend the contract to provide for a change in the scope
of services to(1)revise FM 1325 turnaround bridge layouts to match changes made in the design
of SH 45 by TTA,(2)evaluate construction sequence and alignment to reconstruct Hesters
Crossing structure,(3)revise bridge layout and redesign the Hesters Crossing turnaround
structure to allow for TxDOT's future construction of IH-35,(4)revise right-of-data for Parcel 1
and Parcel 3 necessitated by the realignment of Hesters Crossing,(5)separate the project
documents into two separate contract bid proposals and plans,(6)design the reconstruction of
the east and west frontage roads at Hesters Crossing,(7)design 5 traffic signals not included in
original contract,and,
WHEREAS,the termination date of the Contract should be extended until close of business on
December 29,2000 to allow adequate time for the completion of the additional services being
added to the Contract,and
WHEREAS,the Engineer has agreed to perform the additional work for$270,880.14 increasing
the lump sum fee for the contract to$598,880.14.
NOW THEREFORE,premises considered,the City and the Engineer agree that said Contract
is amended as follows:
The Engineer is renamed from Rust Environmental&Infrastructure,Inc.,dba Rust
Lichliter/Jameson,to Earth Tech Environment&Infrastructure,Inc.;and who by signing this
Supplemental Agreement,accepts all the terms and conditions of the Contract,and further agrees
to complete all services required of the Engineer by the Contract.
ARTICLE 3,CONTRACT PERIOD,shall be extended until December 29,2000,
ARTICLE 4,COMPENSATION shall be amended by changing the lump sum amount payable
under this contract to$598,880.14.
ATTACHMENT`B",Services to be Provided by the Engineer shall be amended by adding the
following additional services:
• The Engineer shall revise the FM 1325 turnaround bridge layouts to match changes made in
the design of SH 45 by the Texas Turnpike Authority.
• The Engineer shall evaluate the construction sequence and alignment required to reconstruct
the Hesters Crossing grade separation over IH 35 and revise the project schematic to reflect
the revised alignment.
• The Engineer shall revise the bridge layout and redesign the Hesters Crossing turnaround
structure to allow for TxDOT's widening of IH 35 at some point in the future.
• The Engineer shall revise the right of way data for Parcels 1 and 3 to reflect the change in
alignment for Hesters Crossing.
• The Engineer shall plans,specifications,and estimates for the two turnarounds at FM 1325,
and a second set of plans,specifications,and estimates for the turnaround at Hesters
Crossing.
• The Engineer shall design the reconstruction of the east and west IH 35 frontage roads at
Hesters Crossing.
• The Engineer shall design five traffic signals.
IN WITNESS WHEREOF,the City and the Engineer have executed this Supplemental
Agreement in duplicate.
THE ENGINE
By:
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CITY O ROCK
By.
Robert A.Stluka, Mayor
Date
09/26/2000 TILE 14:12 FAX 512 474 6325 EABTETECE Q004/004
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August 14,2000
Mr.Tom Word,P.E.
City of Round Rock
Public Works Department
2008 Enterprise
Round Rock,Texas 78664
Dear Tom:
As discussed throughout the development of the turnaround structures at FM 1325 and Hesters
Crossing,extensive work was provided that was not part of the original scope of services.In addition,
the magnitude of the project increased to a total of$8,044,675.28. This total represents the contract
amount of$5,077,374.54 for the FM 1325 structures and the engineer's estimate of$2,967,300.74 for
Hesters Crossing.
Telephone:
Tabulated below are the items that Earth Tech believes are extra work and an estimate of the fee for
those items: st= 474 5500
1) In March 1998,Earth Tech began coordination with Turner Collie&Braden(TCB) F a s;mite
related to the alignment of the turnaround structures with relation to the proposed
frontage roads and direct connection of the IH35/SH45 interchange which TCB was s, 4 7 4.6 3.s
in the process of developing for the Texas Turnpike Authority Division. In June
1998,although Earth Tech was waiting for the development of TCB's IH35/SH45
interchange schematic,the schematic and bridge layouts for the turnaround bridges
were submitted to the City of Round Rock. In August 1998,after receiving
I1-135/SH45 interchange schematic,the FM 1325 turnaround bridge layouts were
revised and sent to the City of Round Rock.
. Revise FM 1325 turnaround bridge layouts $ 2,000.00
2) In January 1999,Earth Tech submitted a preliminary set of PS&E,including cross
sections for the turnaround bridges at FM 1325 and Hesters Crossing,to TxDOT for
review and comments. Subsequently,it was determined that the Hesters Crossing
Bridge needed to be replaced consistent with TxDOT's proposed redevelopment of
IH 35. The location of the Hesters Crossing turnaround bridge must be related to the
new location of the proposed Hesters Crossing bridge. From March 1999 to July
1999,alternative arrangements were evaluated and coordinated with TxDOT that
would require partial demolition of the existing Hesters Crossing bridge,however,
allowing 4-lanes of traffic to remain during the construction of the First phase of the
proposed Hesters Crossing bridge,4-lanes wide. The second phase would remove the
remaining existing bridge and allow the proposed bridge to be completed to its 8-lane
widths.
. Develop alternative arrangements for $ 5,000.00
Hesters Crossing redevelopment
. Revise schematic for Hesters Crossing interchange $ 2,000.00
E A R T H `) T E C H
n aMa m-renNn.wnat i>a.� �.
Mr.Tom Word -2- August 14,2000
3) Revise bridge layout and redesign the Hesters Crossing turnaround structure to allow
for TxDOT's future construction of IH 35.
• Redesign structure in accordance with TxDOT $ 37,061.14
Design criteria and standards
(See July 13,1999 letter attached)
4) Revise right-of-data for Parcel I and Parcel 3 necessitated by the realignment of
Hesters Crossing.
• Revise field notes and parcel sketches $ 3,600.00
(See July 13,1999 letter attached)
5) In September 1999,it was decided jointly by the City of Round Rock and TXDOT
that the PS&E for the FM 1325 turnarounds be separated into two contracts. The
original contract for this project listed 82 sheets to be developed by Earth Tech. The
FM 1325 turnaround PS&E included 125 sheets developed by Earth Tech,and the
Hesters Crossing PS&E included 116 sheets developed by Earth Tech for a total of
241 sheets,which is 159 sheets more than the 82 sheets in the contract. Of these 159
sheets,Earth Tech estimates that 48 sheets are due to the separation of the PS&E.
• Develop duplicate sheets for Hesters Crossing $ 47,800.00
turnaround
1- Title Sheet(I x$800)
16- Summary Sheets(16 x$1,000)
3l-Traffic Control Plan Sheets(31 x$1,000)
(The cost above includes the revision to the sheets for the FM 1325 turnaround
PS&E)
6) In July 1999,during the development of the schematic for the revised Hesters
Crossing interchange,it was determined that it would be advantageous for the IH 35
frontage roads to be moved a farther distance from the 11135 mainlanes and to be
widened. This would allow the turnaround structure to be constructed in the most
feasible and economical manner,thereby,improving the capacity and traffic flow on
the frontage roads.
In September 1999,TxDOT verified that the frontage roads should be widened and
that calculated grades be established for each frontage road.
• Provide PS&E documents to reconstruct $ 157,419.00
the northbound and southbound frontage
roads of IH 35 at Hesters Crossing
(See July 13,1999 letter)
E A R T H `) T E C H
m-
Mr.Tom Word -3- August 14,2000
7) The reconstruction of the frontage roads necessitated the design of five traffic signals
(This was not included in the frontage road design in Item 6.)
• Provide PS&E documents for five traffic signals $ 16,000.00
Signals(8 sheets x$2,000)
The total of the additional fee requested is$270,880.14.
Summary of the fee for these two turnaround projects:
Original Contract $ 328,000.00
Revise FM 1325 Bridge Layouts 2,000.00
Revise Schematic Layout at Hesters Crossing 7,000.00
Redesign Hesters Crossing Turnaround Structure 37,061.14
Revise Parcels 1 and 3 Right-of-Way Data 3,600.00
Separate Original Project into Two PS&E 47,800.00
Expanded Frontage Road Design 157,419.00
Signal Design 16,000.00
Total Engineering Fee $ 598,880.14
The construction contract of$5,077,374.54,reduced by$690,477.34,the cost of the frontage road
bridge,leaves a construction cost of$4,386,897.20 for the FM 1325 turnaround structure project. The
engineer's estimate for Hesters Crossing project is$2,967,300.74. This is a total of$7,354,197.94 for
the two projects. The adjusted total engineering fee,which includes the fee for all revisions and
redesign,equals 8%of the construction cost.
Therefore,we respectfully request the additional fee of$270,880.14 for the extra work on this contract.
If you need additional information,please call.
Sincerely yours,
EA TH TECH,INC.
04wz--
Roland E.Gamble,P.E.
Project Manager
Attachments
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E A R T H `' T E C H
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DATE: October 4,2000
SUBJECT: City Council Meeting—October 12,2000
ITEM: 10.D.3. Consider a resolution authorizing the Mayor to execute
Supplemental Agreement No.l with Earth Tech,Inc.,for a change
in the scope of services on the IH-35 Turnaround Projects.This
will include an additional fee of$270,880.14 bringing the contract
total to$598,880.14.Staff Resource Person:Jim Nuse,Public Works
Director.
Fundine: Transportation Capital Improvement Plan
This agreement:$270,880.14
New Cost:$598,880.14
Outside Source:Earth Tech,Inc.
History: The City and Engineer executed a Contract for Engineering Services,
on the November 13, 1997 to develop roadway construction plans,
specifications,and estimates for the construction of three IH 35 frontage road
turnaround structures to be relocated north and south of FM 1325 (Louis
Henna Blvd.)and south of IH 35-L(Hester's Crossing)in Round Rock.
It has become necessary to amend the contract to provide for a change in the
scope of services to 1. Revise FM 1325 turnaround bridge layouts to match
changes made in the design of SH 45 by TTA. 2. Evaluate construction
sequence and alignment to reconstruct Hesters Crossing structure, 3. Revise
bridge layout and redesign the Hesters Crossing turnaround structure to allow
for TxDot's future construction of IH 35,4.Revise right-of-data for Parcel 1
and Parcel 3 necessitated by the realignment of Hesters Crossing,5. Separate
the project documents into two separate contracts bid proposals and plans,6.
Design the reconstruction of the east and west frontage roads at Hesters
Crossing,7.Design 5 traffic signals not included in original contract.
Benefit:These improvements are necessary for easing traffic congestion.
Public Comment: Public comment was solicited during the transportation
master plan.
Staff Recommendation: Staff recommends approval.