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CM-08-12-282STATE OF TEXAS COUNTY OF WILLIAMSON § § § SUPPLEMENTAL CONTRACT NO. 1 TO CONTRACT FOR ENGINEERING SERVICES FIRM: FREESE AND NICHOLS. INC. ("Engineer") ADDRESS: 10814 Jollvville Road, Building 4, Suite 100. Austin, TX 78759 PROJECT: Dry Branch East Tributary-Channelization/Restoration This Supplemental Contract No. 1 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 14th day of August, 2008 for the Dry Branch East Tributary- Channelization/Restoration Project in the amount of $92,372.73; 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 $4,405.02 to a total of $96,777.75; and 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 $4,405.02 the lump sum amount payable under the Contract for a total of $96,777.75, 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 0141.0802/ 149450.doc cm- vq- t2-2Ji2 1 Rev.07/06/06 84275 FREESE AND NICHOLS, INC. By: Date /Z_0/ter CITY OF ROUND ROCK By: 12.1,.E Date Supplemental Contract 0141.0802/ 149450.doc 2 OVED ATO FORM: )... (-- an L. Sheets, City Attorney Rev.07/06/06 84275 ADDENDUM TO EXHIBIT B Engineering Services The changes to the scope of this project are as follows: BASIC SERVICES: Prewitt and Associates shall render the following professional services under the direction of Freese and Nichols, Inc., in connection with the development of the Project: Perform an archeological survey of approximately 2,000 ft of Dry Branch East Tributary in Williamson County, Texas, which the City of Round Rock proposes to channelize. Survey will be preceded by completion of an application for an Antiquities Permit from the Texas Historical Commission (THC) and a file search concerning previously recorded sites at the Texas Archeological Research Laboratory and using the Texas Historical Commission's Archeological Sites Atlas. The archeological survey will be done by a two -person crew and will involve examining the full length and width of the anticipated Area of Potential Effects to determine whether archeological remains are present. Because the project area is in an upland setting where thick Holocene deposits with the potential for deeply buried archeological sites are not present, trenching to look for such sites will not be needed. Shovel testing to look for shallowly buried sites may be warranted in some areas, however. The intensity of shovel testing will meet or exceed the requirements of the Texas Historical Commission's survey standards. Any archeological materials discovered will be recorded on State of Texas Archeological Site Data Forms for subsequent submittal in TexSite format to the Texas Archeological Research Laboratory. Analysis of the information recovered and preparation of a report describing the work accomplished, the results, and recommendations concerning eligibility for State Archeological Landmark designation and listing in the National Register of Historic Places will be conducted following completion of the fieldwork. The report will meet the reporting requirements of the Texas Historical Commission. After receipt of any review comments, the report will be modified as necessary, and a final report will be produced. Freese and Nichols, Inc. will perform a review of the above mentioned report and provide comments to Prewitt and Associates before submittal to the THC. DELIVERABLES: FNI will submit the following: 1. One (1) hard copy of the archaeological survey report as described above. TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with Exhibit C. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - Lance Shellenberger; 2008 Enterprise Drive, Round Rock, TX 78664; (512) 218-6609, lshellenbeger®round-rock.tx.us FNI's Project Manager - Jerome (Jay) Scanlon, P.E., CFM; 10814 Jollyville Road, Austin, TX 78759; (512) 617-3100; jay.scanlon@freese.com FNI's Accounting Representative — Patty Berdoll; 10814 Jollyville Road, Austin, TX 78759; (512) 617-3100; patty.berdoll@freese.com ADDENDUM TO EXHIBIT C Work Schedule Attached Behind This Page )8410 _ I Oct ta 1140038 iDec 08 hien In 1FariOna iks — _ ___ _ _ ..... ....._ _... _ • '... 111 .r.. ' as ___ ....... .. —... ra eg 5 5 _.. __.. _.. _. _. _. ._ ____ _rs _ _. •1111111 ....... llllllllll °I.ffrimarY 14181, External Milestone • Progress Protect Summery 1111.11.11111.11, Deadline 'OP ,.. . . . 0 * • E. Ei — I 0 -9- 5 g 2 I 0 • Iwo VI 10 i0 IS 'S 15 5 I ! 1.-- —1 ,g gi 12 Z 11 i P 4 1 1 = ,c, 2 ; g I. VI i . I ................ Field Recons end Dais Collodi, 3 v.4esi Mon 9/1/08 I Fri 9/19108 '6-1— .........____. ___.........._..h..... _I _. 1 -7- , , _..... , • , . Environmental Report i 8 %4c5 F Mon 011/0a ! re mom :1 — ....—......______._.______L___. _I._ _ ......... : _. _ __! _ . Inv: Letter Report Deliverawr o dew, —pi -fame , Fri milks 28 .-- ---- . --- ! 1 i ... . ! • . ! i ' !co I. : I. 1 I g 0: 1 • 1 a . ' :ii i ' 1 1 5 -5 . f 17 i In ;. 1 2.2 g S go / a : 1 .-• 11 !S 4- 10 , im i.i 113 i Li IX '1 1 Ec . ial : 1 ! ..- L ,'-i.g_ S i ! i 1 • I g i a I 3 i 2 I a I 5 i z i , I , f ' 1 12 I --— i ra to I-6 • 1 ;co. •r. • 1 Ig . : I • I 1 a . • . IV .; IM I 12 ix 0 i.f. I 0 i 1 If 15 rc ' 1 ix ;m , Il ' 21 , iF1 I ..; !./L • i 11 A i .— T. A 1 . • • . , ;— 1-' •,,O, i iN ,.5 l'r ". . .• •.- r -2 2 i ' i• -t— , , 1 . 1 l'; i i :0 IN • -r-- 1 *5 5 r; ' !u• . . 1.- ...- i I -. le , a ig I 4 . i . 1 1 I A if 15 iF_ 17. i I- 1 a . ..1 ; ; IX II 15 W. . i . . L IN ir.; 11 1 A 15 CiE III • • , , 1 1 1 1 1111,'4 n iC7a 3.1I 1 12 1 1 1 I . Project Revised Schedule SA1 Date: Mon 11117/08 _ 0 In .2- In ea 11. im las ."' In V' Ill ID Is WI 0 ri 0 1 ADDENDUM TO EXHIBIT D Fee Schedule Attached Behind This Page isx s $ I .r ill I I1'° E i o el ii o c.1 L Y m ;:::ICC 0.. N +-+ 0 U L U •c 00 cu E ,C O Ll.. i N OV Or >I rZ +- IY • •= ' O � r 0 o v EY =7.T Cr.. E w Q C.) i d 8 C3 = ML W L' - O O Y. - ^L I i I1 11 N OE O O 1 I A i - N Bet ENE L ID a as m 30 03 g A � Ro8tig ge a N N 22 3 Approximate Project Study Limits Dry Branch East Tributary Channelization DATE: December 8, 2008 SUBJECT: City Manager Approval — December 12, 2008 ITEM: Consider executing Supplemental Contract # 1 for Engineering Services with Freese Nichols, Inc. for the Dry Branch East Tributary- Channelization/Restoration project. Department: Engineering and Development Services Staff Person: Danny Halden, P.E., City Justification: The City anticipates that ultimately a channelization project will be undertaken on the noted tributary. Based on the consultant's initial findings, further archeological study, authorized by Supplemental Contact # 1, is needed to ensure that the ultimate project will properly address requirements of the Texas Historical Commission. Funding: Cost: $4,405.02 Source of funds: Regional Detention Funds Outside Resources: Freese and Nichols, Inc. Background Information: The initial contract with Freese and Nichols, Inc. provided for a study of the Dry Branch East Tributary to determine: a suitable and viable alignment of the tributary; the shape and size necessary to properly convey anticipated storm water flows; any right-of-way requirements; how applicable environmental or associated requirements will affect such a channel project and how they will be satisfied; and anticipated construction costs. Public Comment: N/A UPDATED APRIL 2008