CM-06-07-161STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 10
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Carter & Burgess, Inc. ("Engineer")
ADDRESS: 2705 Bee Cave Road, Suite 300, Austin, TX 78746
PROJECT: US 79 from FM 1460 to CR 195 (Gap Project)
This Supplemental Agreement No. 10 to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Carter & Burgess,
Inc., hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on March 23, 2000 to provide engineering services for the
design of a four -lane divided section on US 79 — from FM 1460 to CR 195 to include bridge
design at Arterial A, for the sum of $398,182.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on June 28, 2001
to amend the scope of services, to extend the contract date from August 31, 2001 to December
31, 2002, and to increase the compensation by $158,118.00 to a total of $556,300.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on September 13,
2001 to amend the scope of services and to increase the compensation by $68,021.00 to a total of
$624,321.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on January 10,
2002 to amend the scope of services and to increase the compensation by $27,275.00 to a total of
$651,596.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 4 on June 27, 2002
to amend the scope of services and to increase the compensation by $33,266.00 to a total of
$684,862.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 5 on December 19,
2002 to amend the scope of services, to increase the compensation by $32,673.00 to a total of
$717,535.00, and to extend the contract period to December 31, 2003; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 6 on December 18,
2003 to amend the scope of services, to increase the compensation by $54,918.58 to a total of
$772,453.58, and to extend the termination date; and
&1)-0(P_07 -4' /
Supplemental Agreement
Carterburgess-US79-FM 1460toCR 195; TX012ND79; 101908
Rev.03/02/04
64836
WHEREAS, the City and Engineer executed Supplemental Agreement No. 7 on September 23,
2004 to amend the scope of services, to increase the compensation by $98,643.00 to a total of
$871,096.58, and to modify the provision for notices to proceed; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 8 on May 26, 2005
to modify the provisions for the scope of services and to increase the compensation by
$12,175.00 to a total of $883,271.58; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 9 on April 28, 2006
to modify the provisions for the scope of services and to increase the compensation by
$15,729.00 to a total of $899,000.58; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services and to increase the compensation by $39,428.00 to a total of $938,428.58; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
I.
Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be
Performed By The Engineer 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
$39,428.00 the lump sum amount payable under the Agreement for a total of $938,428.58, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
Date
LI 9 ZocC,
Supplemental Agreement
Carterburgess-US79-FM1460toCR195; TX012ND79; 101908
2
Rev.03/02/04
64836
CITY OF ROUND ROCK
By:
xwellrmayogimnu e. N h 140
Date
Supplemental Agreement
Carterburgess-US79-FM1460toCR195; TX012ND79; 101908
3
APP
APP' o VED AS Td FORM:
,. Steph .1 L. Sheets, City Attorney
Rev.03/02/04
64836
ADDENDUM TO EXHIBIT B
Services to be Provided by the Engineer
The changes to the scope of this project are as follows:
CONSTRUCTION PHASE SERVICES
Shop Drawing Review
Shop drawings requiring review may include, but shall not be limited to, the following
items.
Prestressed Concrete Beams (TY IV)
Prestressed Concrete Panels
Elastomeric Bearing Pads
Permanent Metal Deck Forms
Type T501 Rail
Armor Joint (with Seal)
Concrete Box Culverts and Storm Drains
Reinforced Concrete Pipe
Manholes and Inlets
Headwalls and Wingwalls
Safety End Treatments
Frames, Grates, Rings and Covers
Roadway Illumination Assemblies
Conduit
Electrical Conductors
Ground Boxes
Small Roadside Sign Supports and Assemblies
Traffic Signals
Vehicle and Pedestrian Signal Heads
Pedestal Pole Assemblies
Pedestrian Detectors and Vehicle Loop Detectors
Shop drawings shall be reviewed as requested. The following procedures shall be used
for the reviews:
1. 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.
2. 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."
3. If there are only minor corrections, the incorrect information shall be crossed
out and the correct information will be written next to the crossed out
information. All the 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.
4. If the corrections are more significant and the Engineer does not concur with
the information on the drawings, then the submittal shall be returned marked
"Amend and Resubmit." The Drawings must then be resubmitted for a second
review.
5. 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 will be provided in enough detail for the Contractor to be able to
make the corrections for re -submittal.
6. A cover letter will be returned with the reviewed drawings containing:
a. A description of the submittal;
b. the status of the submittal;
c. a listing of sheet numbers and titles reviewed;
d. if the design reviewed was an alternate design, a notation declaring that an
alternate design was presented and what criteria were used to determine if
the alternate design is adequate and acceptable and;
e. if the submittal was not accepted without exception, an explanation of the
exceptions.
Preparation of Change Orders, Alternate Design or Additional Design Details
The Engineer shall be available to prepare Change Orders, Alternate Designs or
Additional Design Details as directed by the City of Round Rock or its representatives
throughout the duration of the construction. The Engineer will document each Change
Order, Alternate Design or Design Details in sufficient detail to allow the processing of
the design refinement. The Engineer shall submit original mylar drawings and six
copies of all Change Orders or designs requested by the City of Round Rock. In
relation to preparation of change order documents, the Engineer shall be available to:
• prepare a Fair Construction Cost Estimate for the change
• evaluate contractor's proposed quotation against the Fair Construction Cost
Estimate
• submit recommendations to the City of Round Rock for final approval, and
• assist the City of Round Rock and or its representatives in negotiating change order
following approval
Respond to Questions related to the Plans
The Engineer shall be available to respond to questions related to the plans and
specifications as needed throughout the duration of the construction. The Engineer will
document each question in sufficient detail, formulate a response and submit a written
version of the response to the City of Round Rock for distribution to all involved parties.
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the Work Schedule for this project are as follows:
Whereas, Exhibit C, "Work Schedule", is voided and replaced by the following:
Notice to Proceed Date Contract Signed
The engineer shall complete the review of all shop drawings within 14 working days
from the date of its receipt, unless permitted otherwise by the City of Round Rock or its
representatives.
On other tasks defined in construction phase services, that are not related to shop
drawings, schedules shall be performed as agreed upon by the City of Round Rock and
the Engineer.
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
US 79 GAP
CSJ 0204-01-049
ADDENDUM TO EXHIBIT D
FEE SCHEDULE/BUDGET
FOR
CITY OF ROUND ROCK
SUPPLEMENTAL AGREEMENT NO. 10
SUMMARY OF CONTRACT BY COMPANY
FIRM
HOURS
SALARY
OVERHEAD
PROFIT
PROJECT
% OF
15.00%
TOTAL
TOTALS
CONSTRUCTION PHASE SERVICES (FC 351)
C&B
288
$12,080
$21,440
$5,028
$38,548
100.00%
TOTAL:
288
$12,0801
$21,440
$5,028
$38,548
TOTAL CONTRACT LABOR COST
288
--
$12,080
$21,440
$5,028
$38,548
100.00%
C&B
TOTAL:
288
$12,080
$21,440
$5,028
$38,548
TOTAL CONTRACT DIRECT COST
C&B
$880
TOTAL:
$880
CONTRACT TOTAL
--
$39,428
100%
TOTAL:
---
$39,428
00101912.XLSIGRAND TOTAL
Page 1 of 3 Carter Burgess, Inc.
SUPPLEMENTAL AGREEMENT NO. 10
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US 79 F ro m �RpUND ROCK.7EM11
FM 1460 to CR 195 '
Date: July 31, 2006
Subiect: City Manger Action - August 4, 2006
Item: Consider a resolution authorizing the Mayor to execute the attached
Supplemental Agreement #10 for Carter & Burgess, Inc. for US 79 from FM
1460 to CR 195 (Gap Project).
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E.,
Director of Transportation Services
Justification:
Modifications in the drainage system has been requested because of new development and
changes that have occurred since the design was completed. The revisions will be performed
at the intersection of US 79 and FM 1460, more specifically for the Wachovia Bank property
on the NE corner of this intersection and for the Bank of America property on the NW corner
of this intersection.
In addition, this
construction of the
This work was to
timing of the A.W
Grimes Contractor.
Supplemental Agreement will provide separate plan sheets for the
6'x4' box culvert from the South ROW line of US 79 to Brushy Creek.
be originally constructed as part of the US 79 improvements; however,
. Grimes Project has necessitated construction of this work by the A.W.
FUNDING
Cost: $39,428.00
Source of Funds: 4B Corporation
Outside Resources: Carter & Burgess, Inc.
Background Information:
The US 79 project is a federally funded project that the City, in conjunction with TxDOT, is
working to widen the existing State Highway to a 4 -lane divided section, which includes
drainage, signalization, illumination and signage improvements.
Public Comment: N/A