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CM-12-11-252O STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 2 TO CONTRACT FOR ENGINEERING SERVICES FIRM: FREESE AND NICHOLS ("Engineer") ADDRESS: 10814 Jollvville Road, Building 4, Suite 100, Austin, TX 78759 PROJECT: Stone Oak Dam Improvements This Supplemental Contract No. 2 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and Freese and Nichols, hereinafter called the "Engineer". WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 24th day of February, 2012 for the Stone Oak Darn Improvements Project in the amount of $21,874.00; and WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on July 12, 2012 to amend the scope of services and to increase the compensation by $45,342.00 to a total of $67,216.00; 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 $1,200.00 to a total of $68,416.00; 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 $1,200.00 the lump sum amount payable under the Contract for a total of $68,416.00, 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 0199.1230; 00262435 1 CMI2-JI-zg z Rev. 12/01/08 84275 0 0 FREESE ► NICHOLS By Date J 11-71 It f ltoloQt2 CITY OF ROUND ROCK Date Supplemental Contract 0199.1230; 00262435 2 APPR Steph VED AS TO FORM: s, City Attorney Revs. 12/01/08 84275 0 0 ADDENDUM TO EXHIBIT B Engineering Services Upon the City of Round Rock's (CORR) written authorization to proceed, FNI shall provide the following: 1. Construction Closeout Services: To satisfy TCEQ Requirements for construction certification and closeout FNI will a) Perform one site visit when construction is complete, b) Prepare and submit Engineer's Notification of Completion form to TCEQ Dain Safety in accordance with Texas Administrative Code 299.29, c) Prepare and submit letter to TCEQ Dam Safety stating that no changes were made during construction per Texas Administrative Code 299.30. ADDITIONAL SERVICES: Services to be performed by FNI, if authorized by the Owner, which are not included in the above described services, will be considered an additional service. These services may include: Construction representation, inspection, management, or administration. O 0 ADDENDUM TO EXHIBIT C Work Schedule TNI shall complete the services outlined in Exhibit B based on the following schedule. • Site Visit: Within one week of CORR's notification that constriction is complete. • Submittal of Engineer 's Notification of Completion: Within one week of site visit. • Subrnittal of Letter regarding Record Drawings: Within one week of site visit. TOTALS I 0 O O O Nr in 0 0 0 0 N in Subconsultants O O O in Other Direct Costs O O O to Total Loaded Labor Cost O O O O N in - O O O O N Total Labor Hours co co Y co R F- Task 1: Construction Close-out (Tasks 1-4 GRAND TOTAL: CO -11-1[-Z52 RECEIVED NOV 21.2012 City Manager Approval Form Consider executing Supplemental Contract No. 2 with Freese and Nichols for the Stone Oak Dam Item Caption: Improvements Project Approval Date: November 21, 2012 Department Name: Utilities and Environmental Services Department Project Manager: Lance Shellenberger Assigned Attorney: Steve Sheets Item Summary: The Stone Oak Dam is a small in-line structure built across a typically dry creek bed between the Preserve at Stone Oak and Village at Mayfield Ranch subdivisions. City staff discovered substantial damage to the dam in December 2011, which presumably occurred during the Hermine storm in September 2010. An engineering analysis was authorized with Freese and Nichols for $21,874 on February 24, 2012 to determine the best resolution for the degraded dam, deciding between decommissioning or repairing the structure. The analysis is complete and it has been determined that the Stone Oak Dam is not constructed to the current state standards. The City staff has determined that the most prudent action is to decommission the dam while continuing to determine the most appropriate long-term solution for the dam area. TCEQ requires that the Engineer of Record confirms that the project be constructed according to the plans that were submitted for review. TCEQ also requires the Engineer's Notification of Completion form be submitted along with a letter to TCEQ Dam Safety stating that no changes were made during construction. This Supplemental Agreement of $1,200 will pay for the submission of necessary forms to TCEQ for the Stone Oak Dam Improvements. No. of Originals Submitted: 2 Project Name: Stone Oak Dam Improvements Cost: $ 1,200 Source of Funds: General Self -Financed Construction Source of Funds (if applicable): Select Source Fund Account Number: DRO4STODAM Finance Director Approval: L. Olsen for C. Delaney Date: 11-20-2012 Department Director Approval: Michael Thane Date: 11/19/2012 'Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.' CIP E In Budget Purchasing n 111 Accounting El N/A OK N/A OK N/A OK N/A OK ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL REV. 6/20/11 0 ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mayor Alan McGraw Mayor Pro -Tem Kris Whitfield Cotmcilmembers Craig Morgan George White Joe Clifford Carlos T. Salinas John Moman City Manager Steve Norwood City Attorney Stephan L. Sheets November 30,2012 Freese and Nichols, Inc. 10814 Jollyville Rd., Bldg 4, Ste. 100 Austin, TX 78759 To whom it may concern: On July 12, 2012 City Manager Steve Norwood executed the Supplemental Contract No. 2 for the Stone Oak Dam Improvements Project. Enclosed is one fully executed original for your files. If you have any questions, please feel free to contact Lance Shellenberger, Project Manager at 512-218-6609. Si - rely, ti Courtney Niel. n Executive Assistant Cc: Lance Shellenberger, Project Manager File -CM -12-11-252 Enclosure CITY OF ROUND ROCK ADMINISTRATION DEPARTMENT, 221 East Main Street* Round Rock, Texas 78664 Phone 512.218.540[ • Fax 512.218.7097 • www.roundrocktexas.gov