CM-08-04-103DATE: April 14, 2008
SUBJECT: City Manager - April 18, 2008
ITEM: Action authorizing the City Manager to execute Supplemental
Agreement No. 5 with Freese and Nichols, Inc., for the Ledbetter
Street Improvement Project.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E., Director
Justification:
Additional expenses for Engineering Services due to the challenges and delays in filing the
subdivision plat for Ledbetter Oaks, and obtaining signed affidavits proving property
ownership. There are also additional costs associated with obtaining required certifications
from the Williamson County Tax Office and Round Rock Independent School District.
Funding:
Cost: $10,000.00
Source of funds: 2002 GO Bonds
Outside Resources:
Freese and Nichols, Inc.
Background Information:
This project will widen and rebuild Ledbetter Street in order to improve roadway conditions
for residents and citizens.
Public Comment:
Blue Sheet Format
Updated 01/20/04
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL AGREEMENT NO. 5
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Freese and Nichols, Inc. ("Engineer")
ADDRESS: 10814 Jollyville Road, Building 4, Suite 100, Austin, TX 78759
PROJECT: Ledbetter Street Improvements
This Supplemental Agreement No. 5 to Agreement 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 an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 27th day of February, 2003 for the Ledbetter Street
Improvements in the amount of $95,886.13; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on the 25th day of
March, 2004 to modify the provisions for the scope of services, to increase the compensation by
$11,366.00 to a total of $107,252.13, to extend the Agreement, and to modify the provision for
notices to proceed; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on the 23rd day of
September, 2004 to modify the provisions for the scope of services, to increase the compensation
by $8,190.00 to a total of $115,442.13; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on the 2nd day of
February, 2007 to modify the provisions for the scope of services, to increase the compensation
by $14,072.42 to a total of $129,514.55; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 4 on the 5th day of
October, 2007 to modify the provisions for the scope of services, to increase the compensation
by $19,162.59 to a total of $148,677.14; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services, to increase the compensation by $10,000.00 to a total of $158,677.14, to
extend the Agreement and to modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
Supplemental Agreement
Ledbedbetter/Freese Nichols
ST38LDBTR SA#5 135806
0199.0444
1
GM- be)- t-1 Q2.,
Rev.03/02/04
64836
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
$10,000.00 the lump sum amount payable under the Agreement for a total of $158,677.14, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
FREESE AND NICHOLS, INC.
By:
Gc.44(41
/44U(dove- 1- /47-OhnS,wdlFha
Date
CITY OF ROUND ROCK
By:
N axwell, Mayor
Date
Supplemental Agreement
Ledbedbetter/Freese Nichols
ST38LDBTR SA#5 135806
0199.0444
2
AP
ROVED AS 0 FORM:
Airy: Ai
Step n L.
ry
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:
To meet the requirements of Williamson County for "recording" the approved
subdivision plat, the following is required:
1. the owners of the individual lot(s) must sign affidavits stating that they are the
owner of the lot(s) referenced.
2. obtain certification from the Williamson County Tax Office and the Round
Rock Tax Office that 2007 taxes have been paid on all properties in the
subdivision.
3. obtain certification that the ownership has not changed within the past 30 days.
To accomplish these requirements, the engineer will prepare affidavit forms for the
property owners to sign and return, send these to the property owners, and monitor their
progress. The engineer will also obtain tax certificates from the tax offices for those
property owners that have paid the taxes and monitor those that have not yet been paid.
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the work schedule of this project are as follows:
Obtain notarized signatures of all subdivision property owners stating that they are the
owners of the subdivision lot(s) — September 2007 — April 2008
Obtain certification from Williamson County Tax Office that 2007 taxes have been paid
on each subdivision lot - February 2008 — April 2008
Obtain certification from Round Rock Tax Office that 2007 taxes have been paid on
each subdivision lot — February 2008 — April 2008
Obtain verification from title agency that ownership of subdivision lots has not changed
within the last 30 days — April 2008 — May 2008
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
1. Provide leadership and monitoring the
requirements for recordation of the subdivision plat $10,000.00
Total cost for the additional services $10,000.00