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R-02-08-08-11G3 - 8/8/2002Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Count] Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager obert L. Bennett. Jr. Qty Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. August 29, 2002 Mr. Eddie Shafir Earth Tech Transportation Services, Inc. 811 Barton Springs Road, Suite 400 Austin, Texas 78704 Dear Mr. Shafir: The Round Rock City Council approved Resolution No. R- 02- 08- 08 -11G3 at their regularly scheduled meeting on August 8, 2002. This resolution approves Supplemental Agreement No. 5 for a change in the scope of services concerning Project Representative Services and the Home Depot Bridge. Enclosed is a copy of the resolution and the original Supplemental Agreement No. 5 for your files. If you have any questions, please do not hesitate to contact Bill Stablein at 218 -3237. incerely, Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK 221 East Main Street • Round Rock Texas 78664 Phone: 512.218.5400 • Fax: 5¢.218.7097 • Voice: [800.735.2988 • 1.800.735.2989 TDD • www.cisound-rocktx.us RESOLUTION NO. R- 02- 08- 08 -11G3 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ( "Contract ") with Earth Tech Transportation Services, Inc. for the preparation of schematics, environmental documents, right -of -way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH 35 East Frontage Road, and WHEREAS, Earth Tech Transportation Services, Inc. has submitted Supplemental Agreement No. 5 to the Contract for Engineering Services for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, 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. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for a change in the scope of services, a copy of said agreement 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 :: OLIdA WORL DO% \0: \W00% \RESOLWTI \R2O000G] •WPL /,, 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 ATTEST: 8th day of August, 2002. eduu.atv nandt„ -24 CHRISTINE R. MARTINEZ, City Secretart 2 NY,""T LL, Mayor City of Round Rock, Texas STATE OF TEXAS § THE COUNTY OF WILLIAMSON "Al' EXHIBIT SUPPLEMENTAL AGREEMENT NO. 5 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 Earth Tech Transportation Services, Inc., hereinafter called the "Engineer ". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract ", on the 24 of November 1998 to retain engineer- ing services for the preparation of schematics, environmental documents, right -of- way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH -35 East Frontage Road, 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 4, COMPENSATION, establishes the maximum lump sum payable under this contract at $319,935.64 without modification of the con- tract, and WHEREAS, it has become necessary to amend the contract to prepare as -built plans, provide approximately 14 more weeks of Project Representative Services, and complete the Home Depot Bridge and bid process, and WHEREAS, the Engineer has agreed to have the additional work performed for $31,142.95 increasing the maximum lump sum fee for the contract to $351,078.59. NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: ARTICLE 4, COMPENSATION, shall be amended by the changing the maxi- mum lump sum amount payable under this contract to $351,078.59. ATTACHMENT "D ", FEE SCHEDULE shall be amended as set forth in the at- tached ADDENDUM NO. 5 to ATTACHMENT D. IN WITNESS WHEREOF, the City and the Engineer have executed Supplemen- tal Agreement in duplicate. THE ENGINEER By: Signature 7 - zz - C Z Date CITY OF ROUND ROCK By: Nyle Maxwell, Mayor Date TaSb es31P on ,,° ;1 * .:Y - �, Rngmeer T ngineer . FTechn3clau. ° G7ensa1 ! Hwrs Total ::: . LnborRates wfoverttead and fined lee titaniNS$107. '° _. .:$8058 -_: r_ 365.66 ; ,$47.75 a; , , ...,: Project Representative Services 25 335 15 10 385 531,142.95 SUBTOTAL 25 335 15 10 385 531142.95 RitigliZI41.15 :w., - 1t1" „= ...... _ 3$-5 U'r. 3f Rk9.5 ANFINPIR 1-10.14.342P5 ADDENDUM NO. 5 TO ATTACHMENT D FEE SCHEDULE EARTH TECH The above rates are the average rate in each classification of employee. Invoices will be based on actual salaries for the individuals who worked on the project Non- exempt employees may be invoiced at time and a half based on actual costs. Direct Labor Rates $36.00 527.00 522.00 516.00 Overhead Rate 1.5953 Fixed Fee Rate 15% Roadway Improvements on DellWay Li. V DATE: August 2, 2002 SUBJECT: City Council Meeting — August 8, 2002 ITEM: *11.G.3. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 5 to the Contract for Engineering Services with Earth Tech Transportation Services, Inc. for the Dell Way project. Resource: Jim Nuse, Chief of Operations /Asst. City Manager Bill Stablein, Transportation Construction Coordinator History: At its regularly scheduled meeting on November 24, 1998, the City Council approved the original contract as Resolution No. 98- 11- 24 -14C1 to have Earth Tech Transportation Services Inc., provide services for the preparation of schematics, environmental documents, right -of -way documents, plans, specifications, and estimates for the realignment of South Mays Street. The council approved Supplemental Agreement No. 1 on November 21, 2000, which extended the contract and provided for construction inspection services. The approval of Supplemental Agreement No. 2 on December 20, 2001 allowed Earth Tech to provide design for the wall for Dell Way at South Mays Street. Supplemental Agreement No. 3, R- 02 -05- 23-13C2, allowed for a change in the scope of services to: (1) provide plan, profile sheets detailing a mortared rock wall at Dell Way, and (2) provide plan, specifications and contract documents for a fence that will serve as a visual and sound barrier at the intersection of Dell Way and Mays Street. Supplemental Agreement No. 4, R- 02 -05- 23-13C3, approved additional work that provided plans, specifications, and contract documents for the Home Depot Bridge. Earth Tech has since requested a supplemental to the contract. Supplemental Agreement No. 5 would provide additional funds for project representative services. Further works to be completed under this contract are as -built plans, bid documents and bid process. The engineer has agreed to perform the additional work for $31,142.95 bringing the contract total to $351,078.59. Staff recommends approval. Funding: Cost: $31,142.95 Source of funds: Round Rock Transportation System Development Corporation Outside Resources: Earth Tech Transportation Services Impact/Benefit: The approval of this agreement will allow for the completion of the Dell Way Project and the bid process on the Home Depot Bridge. Public Comment: N/A Sponsor: N/A 1 STATE OF TEXAS § THE COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 5 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 Earth Tech Transportation Services, Inc., hereinafter called the "Engineer ". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract ", on the 24 of November 1998 to retain engineer- ing services for the preparation of schematics, environmental documents, right -of- way documents, plans, specifications, and estimates for the realignment of South Mays Street, Dell Way, Hester's Crossing, and the extension of Gattis School Road from South Mays Street to the IH -35 East Frontage Road, 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 4, COMPENSATION, establishes the maximum lump sum payable under this contract at $319,935.64 without modification of the con- tract, and WHEREAS, it has become necessary to amend the contract to prepare as -built plans, provide approximately 14 more weeks of Project Representative Services, and complete the Home Depot Bridge and bid process, and WHEREAS, the Engineer has agreed to have the additional work performed for $31,142.95 increasing the maximum lump sum fee for the contract to $351,078.59. NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: ARTICLE 4, COMPENSATION, shall be amended by the changing the maxi- mum lump sum amount payable under this contract to $351,078.59. ATTACHMENT "D ", FEE SCHEDULE shall be amended as set forth in the at- tached ADDENDUM NO. 5 to ATTACHMENT D. IN WITNESS WHEREOF, the City and the Engineer have executed Supplemen- tal Agreement in duplicate. THE ENGINEER By: Signature Date CITYO '•P %Re. rI By: i , Nyle Maxwell, Mayor K Y— /3 - Date 1o78Rjiea�dugnd;fixed -fi ADDENDUM NO. 5 TO ATTACHMENT D FEE SCHEDULE EARTH TECH sngm 045 $$q +5$ '$&8$46 ! $47,7 Project Representative Services 25 335 15 10 SUBTOTAL 25 335 15 101 385 $31,142.95 The above rates are the average rate in each classification of employee. Invoices will be based on actual salaries for the individuals who worked on the project Non - exempt employees may be invoiced at time and a half based on actual costs. Direct Labor Rates $36.00 $27.00 $22.00 $16.00 Overhead Rate 1.5953 Fixed Fee Rate 15% 385 $31,142.95