Contract - Atkins North America, Inc. - 6/9/2016STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL CONTRACT NO.9
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: ATKINS NORTH AMERICA, INC. ("Engineer")
ADDRESS: 6504 Bridge Point Parkway, Suite 200 Austin TX 78730
PROJECT: Creek Bend Boulevard
This Supplemental Contract No. 9 to Contract for Engineering Services is made by and between
the City of Round Rock, Texas, hereinafter called the "City" and Atkins North America, Inc.,
hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 26th day of January, 2012 for the Creek Bend Boulevard Project in
the amount of $179,898.43; 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 $805,808.42 to a total of
$985,706.85; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 2 on December 14,
2012 to amend the scope of services and to increase the compensation by $21,570.57 to a total of
$1,007,277.42; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 3 on March 8, 2013 to
amend the scope of services and to increase the compensation by $49,900.00 to a total of
$1,057,177.42; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 4 on August 22, 2013
to amend the scope of services and to increase the compensation by $160,332.84 to a total of
$1,217,510.26; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 5 on October 15, 2013
to amend the provisions for the scope of services; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 6 on March 13, 2014 to
amend the scope of services and to increase the compensation by $82,089.99 to a total of
$1,299,600.25; and
Supplemental Contract Rev. 12/01/08
0199.7202;00357713 84275
i2 -alb �3�
WHEREAS, the City and Engineer executed Supplemental Contract No. 7 on October 9, 2014
to amend the scope of services and to increase the compensation by $186,383.73 to a total of
$1,485,983.98; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 8 on August 13, 2015
to amend the scope of services and to increase the compensation by $159,095.13 to a total of
$1,645,079.11; 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 $319,208.46 to a total of $1,964,287.57;
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
$319,208.46 the lump sum amount payable under the Contract for a total of $1,964,287.57, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contr4c'-t\in duplicate.
AT" NORTH AMERICA, INC.
By:
TrAcy Hi lel
JuA 1, 201-6
Date
CITY OF PQUND
ROCK AP)VED S TO ORM:
By: '
Alan McGraw, Mayor Steph n L. Sheets, City Attorney
'6 -9 1,
Date
Supplemental Contract Rev.12/01/08
0199.7202; 00357713 84275
ADDENDUM TO EXHIBIT B
Engineering Services
PROJECT DESCRIPTION
This Supplemental Contract consists of additional construction phase services relating to
construction engineering inspection, cave closure plans and utility construction phase services.
TASK 1: SURVEYING — Not Included with this Supplemental
TASK 2: ROUTE STUDY — Not Included with this Supplemental
TASK 3: ENVIRONMENTAL STUDIES
1. Prepare up to three cave closure plans and coordinate approval with TCEQ.
TASK 4: PRELIMINARY DESIGN/30% PLANS — Not Included with this Supplemental
TASK 5: PROJECT MANAGEMENT
1. Manage additional activities described in tasks 3, 7, 8 & 14.
TASK 6: DIRECT EXPENSES
1. Mileage for site visits and meetings
2. Inspector vehicle maintenance, insurance, and fuel
TASK 7: WATER IMPROVEMENTS
Construction Phase Services
1. Attend up to 8 weekly progress meetings.
2. Review and approval of shop drawings and any necessary change orders.
3. Interpretation of plans and specifications (RFIs), and other contract documents as
required.
4. Preparation of plan revisions and as -built drawings of the completed facilities.
TASK 8: UTILITY LOCATIONS/LAYOUTS
Construction Phase Services
1. Review and approval of shop drawings and any necessary change orders.
Page 1 of 5
2. Interpretation of plans and specifications (RFIs), and other contract documents as
required.
3. Preparation of plan revisions and as -built drawings of the completed facilities.
TASK 9: GEOTECHNICAL DESIGN — Not Included with this Supplemental
TASK 10: 60% PLANS — Not Included with this Supplemental
TASK 11: 95% PLANS — Not Included with this Supplemental
TASK 12: 100% PLANS/FINAL SUBMITTAL — Not Included with this Supplemental
TASK 13: 100% LANDSCAPING AND FENCE PLANS — Not Included with this
Supplemental
TASK 14: CONSTRUCTION ENGINEERING INSPECTION SERVICES
1. The ENGINEER shall provide construction engineering inspection services on the project
for compliance with the Contract documents. These services will be provided on an as
requested by the City of Round Rock basis. Invoicing for these services will be based on
actual labor charged to the project at the contract multiplier. Any budget remaining at the
end of the contract will not be invoiced. If all of the budget is used then a supplemental
will be needed to continue these services. Inspection scope of services shall include
various types of services that include but are not limited to the following:
A. Inspect the work to verify the Project is built according to the plans and specifications
and all Contract documents
1. Structure Inspection (bridge and bridge class culvert) — includes foundations,
substructure and superstructure
• Verify that the bridge structure is built according to the plans and
specifications, and all contract documents
• Verify the accuracy of the work and determine pay quantities by taking
measurements of the quantities placed
• Verify all the specifications are met for inspected items of work regarding
materials, construction, measurement and payment
• Verify and record daily quantities for each item of work for the purposes of
review and approval of the contractor's monthly pay estimate
• Verify all material sourcing information is from an approved source
• Maintain a daily work report (DWR) to document construction activity and
progress
• Collect and maintain all material tickets for the project files
• Conduct pre -activity meetings prior to major operations
Page 2 of 5
• Coordinate and schedule necessary materials testing
• Review and comment, as appropriate, on applicable material test reports
• Document and facilitate the resolution of deficiencies
• Conduct hold -point inspections utilizing check lists for the following structure
elements:
- Drill shafts
- Footings
- Columns
- Caps
- Abutments
- Reinforcing steel
- Deck panels
- Deck forms
- Overhangs
- Deck grading
- Deck reinforcing steel
- Expansion joints
2. Hot Mix Asphalt Paving Inspection — includes the subgrade up to the pavement
3. Earthwork — excavation, embankment, grading and drainage
4. Storm Water Pollution Plan Inspection
• Verify SW3P requirements are followed
• Maintain the SW3P working drawings, which shall be located in the field
office at all times
• Perform SW3P inspections every seven (7) calendar days and record the
results on TxDOT Form 2118 and report and deficiencies to the contractor and
verify corrections were made per the requirements of the Construction
General Permit
• Coordinate with the City on changes that impact the Environmental Plan
B. Document project progress using daily work reports/diaries, photos and non-
conformance reports (NCRs) for work that is not in compliance with the Contract
requirements
C. Verify accuracy of the work and determine pay quantities by making measurements
of the completed work in place
D. Review Contractor's monthly pay estimate for approval
E. Change Orders - estimate of cost of the change order and assistance with negotiations,
as requested
F. Track all shop drawing submittals, reviews and approvals through the use of logs
G. Review Traffic Control Plans (TCP) and implementation
1. Review plan sheets for Traffic Control Plan (TCP) changes or modifications
Page 3 of 5
2. Oversee project barricades and signs on a daily basis and coordinate corrections
with the Contractor as required
3. Perform inspections of barricades and report to Contractor on TxDOT Form 599
at a minimum of three inspections per month (two daytime inspections and one
nighttime inspection)
4. Complete TxDOT Form 599, documenting deficiencies or actions needed and
submit to Contractor for corrective actions. The Engineer shall document when
the deficiencies or actions are addressed and escalate as required. Once
completed, send to the City for review. No copies shall be maintained by the
Engineer, nor sent to any individual via email.
5. Verify the Contractor makes repairs to critical items immediately and other
deficiencies or actions shall be addressed as soon as possible per item 502
Barricades, Signs, and Traffic Handling and enforce non-payment of item, if
needed
6. Verify all items meet requirements of TMUTCD, TCP, standards and
specifications and TxDOT compliant list which include at a minimum:
• proper devices are used
• devices are clean and free of damage
• devices are properly aligned and spaced
• devices have proper reflectivity
• pavement markings are performing properly
• proper flagging procedures are followed
• signs are properly mounted and not leaning
• the overall set up is in compliance with the plans
H. Review and monitor Contractor's work schedule, proposed plan changes, and
construction issues
I. Identify and make recommendations to the City for the corrections of plan errors and
omissions, substitutions, defects and deficiencies in the work of the Contractor, subs,
vendors, etc.
J. Provide review and input on as -built plans, as needed
K. Utility coordination, as needed
L. Perform General Project Coordination and Contract Administration
1. Attend weekly project progress meeting
2. Participate in safety meetings, as required
3. Conduct pre -activity meetings for major work operations
4. Manage project issues and work directly with the Contractor to resolve issues;
escalate issues when necessary to the City
Page 4 of 5
5. Coordinate and schedule materials testing, as required
6. Manage the submittal process — RFIs, shop drawings, submittals, etc. and perform
reviews as required
7. Coordinate with TCEQ, as required, for issues encountered in the field
8. Manage punch list development and completion by Contractor
9. Project close-out
2. Project Manager will attend weekly project status meetings as requested.
3. Review up to 4 monthly pay applications.
4. The ENGINEER shall provide construction schedule support services for the following:
• Review, analysis and comment of the contractor's baseline schedule
• Review, analysis and comment of the contractor's monthly schedule updates
• Review, analysis and comment of the contractor's final as -built schedule
EXCLUSIONS
1. All bridge inspection services not specifically identified above, including but not limited
to:
• Geotechnical investigations and analysis
• Materials testing
• Construction survey; verification of contractor's horizontal and vertical control
2. All tasks related to delay and cost claims shall be considered supplemental services and
subject to additional fee, specifically, but not limited to:
• Time Impact Analyses (TIA) for delay claims
• Claims defense, response and resolution
DELIVERABLES
1. Up to two cave closure plans approved by TCEQ
2. Reviewed shop drawing and forming details, responses to RFIs, minor redesign plan
revisions, constructability review responses, change orders and as -built plans.
3. Meeting notes, when necessary, for bi-weekly progress meetings.
4. Material test report review comments.
5. Review for up to 4 monthly pay applications including supporting documentation.
6. Schedule review comments
7. Construction project records (daily work reports, photographs, NCRs, material tickets,
inspection reports, close-out documents, etc.)
Page 5 of 5
ADDENDUM TO EXHIBIT C
Work Schedule
Attached Behind This Page
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CERTIFICATE OF INTERESTED PARTIES
FORM 1Z9S
10f1
Complete Nos. 1- 4 and 6 if there are interested parties.
7-7
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-42639
Atkins North America, Inc.
Tampa, FL United States
Date Filed:
04/20/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
Creek Bend Boulevard Project
Preparing a route study and PS&E Plans for the Creek Bend Blvd. Extension. Project will include a new location 4-lane divided
roadway connection between Wyoming Springs Drive and Creek Bend Circle.
4
Nature of interest (check applicable)
Name of Interested Party
City, State, Country (place of business)
Controlling
Intermediary
The Atkins North America Holdings Corporation
Tampa, FL United States
X
Edgar IV, C. Ernest
Tampa, FL United States
X
Newton, Michael M.
Tampa, FL United States
X
Schulz, Barry J.
Denver, CO United States
X
Winkler, William R.
New York, NY United States
X
Quinn Sr., David D.
Boston, MA United States
X
Barry Jr., Thomas F.
Orlando, FL United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
DEBORAH LYNN
FFSHIMEL
MY COMMISSION # FF 036524
0365
EXPIRES: November 13, 2017f
"DOWKI Tku NOWY Pdk WAwAM Signature of authorized agent of contracting business entity
Rene de los Rios, Assistant Secretary
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said Rene de los Rios, Assistant Secretary , this the 20th day of April
20 16 to certify which, witness my hand and seal of office.
sz-
��Z :::� -,() Deborah Lynn Shimel Notary
Signature offic r administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
10f1
Complete Nos. 1- 4 and 6 if there are interested parties.
OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-42639
Atkins North America, Inc.
Tampa, FL United States
Date Filed:
04/20/2016
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Round Rock
Date Acknowledged:
04/22/2016
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the goods or services to be provided under the contract.
Creek Bend Boulevard Project
Preparing a route study and PS&E Plans for the Creek Bend Blvd. Extension. Project will include a new location 4 -lane divided
roadway connection between Wyoming Springs Drive and Creek Bend Circle.
4
Nature of interest (check applicable)
Name of Interested Party
City, State, Country (place of business)
Controlling
Intermediary
The Atkins North America Holdings Corporation
Tampa, FL United States
X
Edgar IV, C. Ernest
Tampa, FL United States
X
Newton, Michael M.
Tampa, FL United States
X
Schulz, Barry J.
Denver, CO United States
X
Winkler, William R.
New York, NY United States
X
Quinn Sr., David D.
Boston, MA United States
X
Barry Jr., Thomas F.
Orlando, FL United States
X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said this the day of
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645