Ennis commission approves $299,986 change order for underpass after heated debate over specs and landscaping

The Ennis City Commission voted to adopt Change Order No. 6 for the Innis Underpass project, increasing the Lockwood Andrews & Newnham contract by $299,986.20 and bringing the contract total to $6,543,736.89.

The change order covers four main items: updating plans to the 2024 TxDOT specifications, removing green-ribbon landscaping elements from the underpass contract so they can be installed under a separate grant-funded project, conducting seismic analysis for railroad-related structures, and adding temporary shoring and casing design requested by Union Pacific. Staff said the changes are intended to close out 60% review comments and move plans to 100% and letting.

Why the extra cost? Commissioners pressed consultants and staff on why the city was being charged to move from 2014 to 2024 TxDOT specs after much of the work was already complete. A consultant explained that a July spec change required updates for projects submitted after the cutoff and that the team worked to limit cost increases. LAN/consulting representatives told the commission that some design work originally expected to be performed by a contractor was insisted upon by Union Pacific, which led to additional temporary-shoring and casing design requirements.

Consultant remarks highlighted the railroad's leverage. "Working with a class 1 railroad such as UP has inherent risks," a consultant said, adding they had seen projects stall for years over structure comments. Commissioners said that history of change orders and cost increases had frustrated them. One commissioner argued that prior assurances from others about paying for additional change orders should be honored, saying on the record earlier discussions had included commitments; consultants responded they could not speak to prior promises but had negotiated down earlier requests from roughly $600,000 to about $300,000.

The commission also debated the removal of green-ribbon landscaping (trees, plantings, irrigation and lighting) from the underpass contract so the city could pursue separate federal green-ribbon funding. Staff said that green-ribbon funding would be a separate, subsequent project and that about $1,000,000 in planting material costs are associated with that program, but the grant award is not scheduled to be available until FY2028. Staff and consultants emphasized they would leave irrigation conduits and other elements in the underpass plans where feasible so later landscaping work can be added without major utility cuts.

On schedule, staff said the goal is to have TxDOT and Union Pacific approvals and 100% plans within approximately 90 days and to proceed toward letting (the transcript notes a September letting date in the schedule discussion). The project team also said TxDOT will perform construction inspection/CEI functions and that construction-phase payment responsibilities will be handled per the contract and by TxDOT where applicable.

The vote to adopt Change Order No. 6 carried on a voice vote. The mayor asked the minutes to note one "no" vote by Commissioner Jones and that the mayor did not vote on the item.

The commission took the action after a multi-hour discussion that covered contract responsibilities, sequencing of design versus contractor work, and coordination with TxDOT and Union Pacific. The project team said they will provide regular written project reports and meet with city staff more frequently to keep the commission apprised of progress.