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CM-13-05-060ROUND ROCK, TEXAS PURPOSE rASSIOfl PROSP mn City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing Supplemental Agreement No. 1 to "Agreement for Consulting Services for Construction Materials Testing and Inspection Services for the Kenney Fort Boulevard / Arterial A Project with Fugro Consultants, Inc." Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 5/10/2013 Dept Director: Gary Hudder Cost: $40,366.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: SA # 1_Fugro_K.Fort Blvd. Text of Legislative File CM -13-05-060 Chasco Construction was awarded a construction contract on June 23, 2011 to construct a six lane divided major arterial section from Joe Dimaggio Boulevard to Forest Creek Boulevard. On September 8, 2011, Fugro Consultants, Inc. was awarded an agreement for consulting services for construction materials testing and inspection services. This contract included earth work testing, drilled pier consultations, concrete testing, welding inspections, and asphalt testing for the amount of $125,000. Supplemental Agreement No. 1 is needed to cover costs incurred for engineering consultation regarding design and construction recommendations for the MSE retaining wall, the control of ground water, and temporary slopes constructed under the existing US Highway 79 underpass at a cost of $40,366. The total cost of the contract would be $165,366. Staff recommends approval. City of Round Rock Page 1 Printed on 5/9/2013 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: IDCM Project Mgr/Resource: Bill Stablein nCouncil Action: ORDINANCE Agenda Wording Project Name: Kenney Fort Blvd. (aka Arterial A) ContractorNendor: Fugro Consultants, Inc. RESOLUTION El City Manager Approval CMA Wording Consider executing Supplemental Agreement No. 1 to "Agreement for Consulting Services for Construction Materials Testing and Inspection Services for the Kenney Fort Boulevard /Arterial A Protect with Fugro Consultants, Inc." Attorney Approval Attorney Notes/Comments Date �s J t / / 3 O:\wdox\SCCInts10199\7180-1\MISC\00273625.XLS Updated 6/3/08 SUPPLEMENTAL AGREEMENT NO. 1 TO "AGREEMENT FOR CONSULTING SERVICES FOR CONSTRUCTION MATERIALS TESTING AND INSPECTION SERVICES FOR THE KENNEY FORT BOULEVARD/ARTERIAL A PROJECT WITH FUGRO CONSULTANTS, INC." CITY OF ROUND ROCK § THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § COUNTY OF TRAVIS 5 FIRM: ADDRESS: Fugro Consultants, Inc. 8613 Cross Park Drive, Austin, Texas 78754 This Supplemental Agreement No. 1 to "Agreement for Consulting Services for Construction Materials Testing and Inspection Services for the Kenney Fort Boulevard/Arterial A Project with Fugro Consultants, Inc." is made by and between the City of Round Rock, Texas (hereinafter called the "City"), and Fugro Consultants, Inc. (hereinafter called the "Consultant" or "Fugro"). WHEREAS, City and Consultant executed the referenced Agreement (hereinafter called the "Agreement") on the 8th day of the month of September, 2011; and WHEREAS, it has now become necessary to execute Supplemental Agreement No. 1 to provide a cope of services change to the Agreement; and to add additional fees therefor; NOW, THEREFORE, premises considered, City and Consultant agree that said Agreement is amended as follows: I. Section 1.1.2.5 of the Agreement is hereby amended to read as follows: 1.1.2.5 The financial parameters are as follows: The estimated fee for the projected cost for Fugro's consulting services shall be a not -to - exceed amount of One Hundred Sixty-five Thousand, Three Hundred Sixty-six and No/100 Dollars ($165,366.00), comprised of the following services: See Exhibit "A" attached hereto and incorporated herein for all appropriate purposes, the said Exhibit "A" containing "Construction Materials Testing Fee Estimate" attachment. The fee shall be full compensation for all services performed and to be performed by Consultant under this Agreement, and such not -to -exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. City 00273610.doc/jmr Cly-i3-05--k,C shall pay Consultant on a "time and materials" basis, Fugro agrees to accept payment from City on such basis, and the parties expressly agree that only work actually performed by Fugro will be paid for by City. • City may require the services of Fugro on an on-call basis as scheduled by City's representatives. Fugro requests twenty-four (24) hour notifications to properly schedule work. • Any services provided by Fugro on Saturdays, Sundays, holidays, and all work in excess of "normal" work hours, as herein defined, will be charged at an overtime rate of 1.5 times the appropriate hourly rate. The parties evidence their understanding that the projected cost of consulting services ($165,366.00) is based on the assumption that most services will be provided during "normal" work hours, and that providing an excessive amount of services during days and/or hours requiring overtime rates may increase the total cost of services indicated herein. On-site cancellation outside of "normal" work hours will result in a four (4) -hour minimum labor charge. • "Normal" work hours are defined as between 7:00 am and 6:00 pm, including travel time to and from the site unless stated otherwise, Monday through Friday. A minimum of two (2) hours technician time will be assessed per call -out. Overtime charges will be assessed after eight (8) continuous hours of service rendered during "normal" work hours. • Invoices shall be submitted monthly for work done in standard format acceptable to City. Invoices are due and payable upon receipt, in accordance with Section 1.3.9.1 and Section 1.5.3 of this Agreement. The parties evidence their understanding that this Agreement is performable in Williamson County, Texas. In the event that the State of Texas legislates a sales tax on professional services, the amount of tax applicable will be added to the appropriate service rate charged by Consultant. II. Exhibit "A" of the Agreement is hereby amended to include and incorporate Exhibit "A" attached hereto. IN WITNESS WHEREOF, the City and Consultant have executed this Supplemental Agreement No. 1 in duplicate originals. (Signatures on the following page.) 2 FUGRO CONSULTANTS, INC. By: �►'• Printed Name: Peter H. Bush, P.E. Title: Vice President Date Signed: April 30, 2013 CITY OF ROUND ROCK, TEXAS By: Printed Name: gtev e N 0rwc1 Title: C , hf a Date Signed: FOR CITY, ATTEST: By: Ett Sara L. White, City Clerk FOR CITY, ' ' ROVED AS T I FORM: By: Stephan Sheets, City Attorney 3 Scope of Services In eneral, the pro ect chid construction of a 1.3 -rule extension of Arterial A, from %toe t� Blvd to Forest Creek Drive in Round Rock, Texas. The roadway will require bridge gs at Brushy Creek and C dler Creek, and a Union Pacific Railroad Bridge. The road ze an existing amass at US Highway 79. In addition to our original of work, we were required io provide geotechnical reericonsultation reg riling' design and construction recommendations for the MSE ging and tempi racy constructed under the existing US Highway 79 underpass. we were askr d io re w the MSE' design shop drawing submittal, the temporary ng stability a lys s 'submittal, and provide construction recommendations to mate seep wetter at file toe df the temporary slopes. Ft r plat mens and comps n off retaining wall backf d, pavement base material, and Tient treat s+d base rrteterial, we wilI provide technician when requested to perform uired fwd density tests and thi knees checks to monitor the contractor's compli cue with mom" natio rls. ist of Att erdaerg omits, gradation a lyses, end. relat ns ips. Base and CTB thickness vil be testing usir our Sim drill rag. jested, our duties for cast -in -plc concrete mF,onitorir will be skit testing, pion test c 4i ,and concrete c mpressicn testing. Paver tts wig sled be t+ess, ' one rete with be observed for slump at the pointof placement one �inos`n be cyst at the speed frequency. Air content will be tested for only. quested, our t clans will also perform laboratay tc on the bort mix e (H AC). We will cut fou determining field density and in-place ^story testing w l dude molding of test, sp a ens, labor t ry der ities voids in e, de i at n cif Maximum th retical dent ty, asphalt con , and gradation. ay perform as laboratory testing Iat the asphalt Supplier's laboratory in;order to :porting results, and to use the Supplier's oven correction.fiars. EXHIBIT A Our field technician(s) witl immediately report results of field observations dire to the .e job superintendent and owner's representative. We will assist the superintendent in On and correction of any observed non -compliances with project specifications. In no w technician direct the contractor's operations, waive specifications, or make final Mance e c toms work. Written reports will be transmitted electronically. September 8, 2011, and extends 30 months, with an 2013.' We do not fusee a need to extend or revise Kenney Fort Blvd. from Joe Dimaggio Blvd to Forrest Cree Project Name: TOTALS I 000 0000 0 000 0000 0 N c0 co O O O cd co co co N mt �O O^ N M 69 N N7 C70 Ca N- O CA d9 1- 69 69 Ei9 d' 69 !R Subconsultants 0 0 O Ea Other Direct Costs O O O O O O O O O N COD CO CO O Ea 69 69 Total Loaded Labor Cost O O O O O O O 0in. O O O O O • N O O C7 O O N CC N-0 co N COO c cv N n N uN9 69 Ei, 69 6*i N 69 Total Labor Hours L() O O O to N p co O O O co CD N N e- .- c) Y N !6 H Task 1: (MSE Wall Consultation) Sr. Consultant @ $180/hr Project Engineer @ $135 Project Manager @ $150 Task 2: (On-going Construction Material Testing Services) Concrete Testing Asphalt Testing Soils/Base Testing Project Manager @ $150 (GRAND TOTAL: