R-04-10-26-15F1 - 10/26/2004 RESOLUTION NO. R-04-10-26-15F1
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services with Chiang, Patel & Yerby, Inc. for
the preparation of construction documents for the realignment and
reconstruction of CR 113 from FM 1460 to the abandoned MKT Railroad
right-of-way in Williamson County (Kiphen Road Phase I Project) , and
WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental
Agreement No. 5 to the Agreement for Engineering Services for a change
in the scope of services, and to extend the contract period, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 5 with Chiang, Patel & Yerby, Inc . , Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City Supplemental Agreement No. 5 to the Agreement for
Engineering Services with Chiang, Patel & Yerby, Inc. , a copy of same
being attached hereto as Exhibit "A" and incorporated herein for all
purposes .
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
@PFDesktOp\:.ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41026F1.WPD/.0
RESOLVED this 26th day of October, 2004 .
or
ty of Round Rock, Texas
CHRISTINE R. MARTINEZ, Cit"Secretar
2
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 5
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Chiang,Patel& Yerby,Inc. ("Engineer")
ADDRESS: 11149 Research Blvd., Suite 330,Austin,TX 78759
PROJECT: Kiphen Road Phase I
This Supplemental Agreement No. 5 to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Chiang, Patel &
Yerby, Inc.,hereinafter called the"Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement', on the 8th day of March, 2001 for the Realignment and
Reconstruction of CR 113 from FM 1460 to the Abandoned MKT Railroad Right of Way
Project, (now referred to as the"Kiphen Road,Phase I Project') in the amount of$175,070; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on December 20,
2001 to extend the termination date of the Agreement from December 31, 2001 to June 28, 2002;
and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on July 25, 2002
to extend the termination date of the Agreement from June 28,2002 to June 30, 2003; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on November 12,
2002 to amend the scope of services to be provided by the Engineer, to increase the
compensation by$121,714 to a total of$296,784; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 4 on July 10, 2003
to extend the termination date of the Agreement from June 30, 2003 to February 28,2005; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services, to extend the termination date, to increase the compensation by $36,030 to a
total of$332,814, and to modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
EEXHIBIT
Supplemental Agreement All Rev.03/
#chiangpatel kiphenrdI;73050 02/04
1
I.
Article 2, Scone Of Services To Be Performed By Engineer and Exhibit B, Services To Be
Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit
B.
II.
Article 3, Contract Term, shall be amended as set forth below:
(1) Term. The Engineer is expected to complete the work in accordance with the above
described Work Schedule. If Engineer does not perform the work in accordance with the Work
Schedule, then City shall have the right to terminate this Agreement as set forth below in Article
18. So long as the City elects not to terminate this Agreement, it shall continue from day to day
until such time as the work is completed. Any work performed or costs incurred after the date of
termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon
as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed
in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance of the
work required herein so that construction of the project will be commenced and completed as
scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article
2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish all work required under this Agreement in a professional manner.
III.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$36,030 the lump sum amount payable under the Agreement for a total of$332,814, as shown by
the attached Addendum to Exhibit D.
IV.
Article 7,Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
Supplemental Agreement
#cRev.03/02/04
hiangpatel-kiphenrdI;73050
2
CHIANG, TMYYNC.
By:
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Date
CITY OF ROUND ROCK APPROVED AS TO FORM:
By:
Nyle Maxwell,Mayor Stephan L. Sheets, City Attorney
Date
Supplemental Agreement Rev.03/02/04
#chiangpatel-kiphenrdl;73050
3
ADDENDUM TO EXHIBIT B
Services to be Performed by the Engineer
The changes to the scope of this project are as follows:
EXHIBIT B
CITY OF ROUND ROCK
CR113 — Realignment & Reconstruction from FM1460 to the MoKan Right-
of-Way
SUPPLEMENTAL AGREEMENT NO. 5
ADDITIONAL SERVICES TO BE PROVIDED BY THE ENGINEER
The Engineer shall provide the necessary engineering and technical services
required for the preparation of the items required by the City for the preparation
of a TxDOT Utility Reimbursement Assembly Package. All documents prepared by
the Engineer for the City shall be in accordance with the TxDOT Utility Manual.
The latest version of the manual is available at
httD://manuals.dot.state.tx.us/dynaweb/colrowma/utl. These items consist of the
items presented to the Engineer on July 29, 2004 at a meeting with the City of
Round Rock and additional items identified in this attachment. These items are
limited to those items described in the TASK OUTLINE shown below and the
quantities shown are in addition to all previous supplemental agreements.
TASK OUTLINE
REIMBURSEMENT ASSEMBLY PACKAGE
1) The Engineer shall perform a title search along the FM 1460 right-of-way for
the purposes of determining where the City of Round Rock currently posses
utility easements. The limits of the title search will be from US 79 to 2.958
miles north of US 79.
2) The Engineer shall provide a plot to the City which depicts the easements
discovered through the title search overlain on the TxDOT proposed right-of-
way maps. The Engineer shall also provide copies of the documents that
establish ownership of the easements by the City.
3) The Engineer shall prepare a betterment estimate for the utility construction
IAW the TxDOT Utility Manual. This estimate shall depict what the estimated
costs will be for the construction of utilities that are reconstructed due to
displacement from a City of Round Rock easement. The Engineer will prepare 5
copies of the estimate for submittal to the City.
4) The Engineer shall prepare a non-betterment estimate for the utility
construction IAW the TxDOT Utility Manual. This estimate shall depict the
estimated costs associated with replacing those utilities reconstructed due to
displacement from a City of Round Rock easement if it is replaced in kind and
not upgraded. The Engineer will prepare 5 copies of the estimate for submittal
to the City.
5) The Engineer shall calculate the Eligibility Ratio for the utility betterment IAW
the TxDOT Utility Manual and provide 5 copies to the City. An example would
be if the betterment estimate is $100,000 and the non-betterment is $90,000,
then the associated eligibility ratio would be 90%.
6) The Engineer shall gather two copies of the proposed TxDOT right-of-way plans
from the State and provide them to the City as is.
7) The Engineer shall provide the City with five (5) copies of the utility relocation
plans as accepted by the City on August 27, 2002. The Engineer shall color
code two (2) of these plans sets to make relocation efforts more clear to the
reviewer.
8) The Engineer shall provide the City with five (5) copies of the submitted
specifications for the project.
9) The Engineer shall provide the City with five (5) copies of the relocation plans
opinion of probable cost updated to be more accurate with the current market.
The original engineer's opinion of probable cost was submitted on August 271
2002.
10) The Engineer will meet on a regular basis with subconsultants and
coordinate their scope of services.
11) The Engineer will prepare project invoices, project progress reports and
meet with the City on a scheduled basis.
ADDENDUM TO EXHIBIT C
Work Schedule
The revised Work Schedule is as follows:
EXHIBIT C
CITY OF ROUND ROCK
CR 113—Realignment and Reconstruction from FM 1460 to the MoKan Right-of-Way
WILLIAMSON COUNTY
WORK SCHEDULE
Notice to Proceed October 14,2004
Title Search Complete January 31,2005
Easement Plot Submittal February 11, 2005
Assembly Package Items Submittal March 11,2005
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
PROJECT NAME:Kiphen Road FEE SCHEDULE si2ii2ooa
PROVIDER NAME:Chiang, Patel Yerby
EXHIBIT D
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RIGHT-OF-WAY AND UTILITY ADJUSTMENTS FC 130 $ 15,392.35
SUB-TOTAL-LABOR EXPENSES $ 15,392.00
TOTAL LABOR COSTS $ 15,392.00
EXPENSES $ 230.00
TOTAL CP&Y FEE $ 15,622.00
SUBCONSULTANTS
Inland Civil Associates, LLC $ 20,408.00
GRAND TOTAL $ 36,030.00
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Realignment and Reconstruction of
CR 113 from FM 1460 to the MKT ROW 4.
S
Council 03-8-01.apr
DATE: October 21, 2004
SUBJECT: City Council Meeting - October 26, 2004
ITEM: *15.F.1. Consider a resolution authorizing the Mayor to execute
Supplemental Agreement No. 5 with Chiang, Patel & Yerby, Inc.
for the realignment and reconstruction of CR 113 from FM 1460
to the abandoned MKT Railroad right-of-way. (Kiphen Road,
Phase I Project)
Department: Transportation Services
Staff person: Tom Martin, Director
Justification:
To receive reimbursement for relocation of utilities associated with Kiphen Road/CR 113 and
FM 1460 Projects, the City must prepare and submit an Utility Reimbursement Assembly
package to TXDOT. The City will receive reimbursement for funds spent to relocate City
utilities. The relocation of Kiphen Road will also provide a safer intersection with FM 1460
and along with higher vehicle capacity.
Funding•
Cost: $36,030
Funding source: Round Rock Transportation System Development Corporation
Outside resources: Chiang, Patel, &Yerby, Inc.
Background information:
The Texas Department of Transportation (TxDOT) is proposing to reconstruct FM 1460 from
a 2-lane section to a 5-lane section with a continuous left turn lane between US 79 and Old
Settlers Road/Kiphen Road. As a part of the project, TxDOT plans to reconstruct the
intersection of FM 1460 and Kiphen Road (CR 113) South, which will improve intersection
safety. This will require the relocation of Kiphen Road from this intersection to the
abandoned MKT Railroad Right-of-Way. To assure coordination of the City project and the
State project, staff is proposing that the City continue to use Chiang, Patel & Yerby, Inc.,
for the utility engineering associated with Kiphen Road (CR 113) and FM 1460.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 5
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Chiang,Patel & Yerby,Inc. ("Engineer")
ADDRESS: 11149 Research Blvd., Suite 330,Austin,TX 78759
PROJECT: Kiphen Road Phase I
This Supplemental Agreement No. 5 to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Chiang, Patel &
Yerby, Inc.,hereinafter called the"Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement', on the 8th day of March, 2001 for the Realignment and
Reconstruction of CR 113 from FM 1460 to the Abandoned MKT Railroad Right of Way
Project, (now referred to as the"Kiphen Road, Phase I Project') in the amount of$175,070; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on December 20,
2001 to extend the termination date of the Agreement from December 31, 2001 to June 28, 2002;
and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on July 25, 2002
to extend the termination date of the Agreement from June 28, 2002 to June 30, 2003; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on November 12,
2002 to amend the scope of services to be provided by the Engineer, to increase the
compensation by $121,714 to a total of$296,784; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 4 on July 10, 2003
to extend the termination date of the Agreement from June 30, 2003 to February 28, 2005; and
WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the
scope of services, to extend the termination date, to increase the compensation by $36,030 to a
total of$332,814, and to modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
k-04-10-S4-/SF I
Supplemental Agreement Rev.03/02/04
#chiangpatel-kiphenrdI;73050
1
I.
Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be
Performed By The Engineer shall be amended as set forth in the attached Addendum To Exhibit
B.
II.
Article 3, Contract Term, shall be amended as set forth below:
(1) Term. The Engineer is expected to complete the work in accordance with the above
described Work Schedule. If Engineer does not perform the work in accordance with the Work
Schedule, then City shall have the right to terminate this Agreement as set forth below in Article
18. So long as the City elects not to terminate this Agreement, it shall continue from day to day
until such time as the work is completed. Any work performed or costs incurred after the date of
termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon
as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed
in accordance with the Work Schedule.
(2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical
importance, and agrees to undertake all necessary efforts to expedite the performance of the
work required herein so that construction of the project will be commenced and completed as
scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article
2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to
fully and timely accomplish all work required under this Agreement in a professional manner.
III.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$36,030 the lump sum amount payable under the Agreement for a total of$332,814, as shown by
the attached Addendum to Exhibit D.
IV.
Article 7,Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
Supplemental Agreement Rev.03/02/04
#chiangpatel-kiphenrdI;73050
2
CHIANG, TEL Y Y NC.
By:
S��'N+aEiZ Z4 ZDo4
Date
CITY OF U D 4AVE
DASTOFORM:
By: L,
axwell, ayor L. Sheets, City Attorney
10 -acs -d �
Date
Supplemental Agreement Rev.03/02/04
#chiangpatel-kiphenrdl;73050
3
ADDENDUM TO EXHIBIT B
Services to be Performed by the Engineer
The changes to the scope of this project are as follows:
EXHIBIT B
CITY OF ROUND ROCK
CR113 — Realignment & Reconstruction from FM1460 to the MoKan Right-
of-Way
SUPPLEMENTAL AGREEMENT NO. 5
ADDITIONAL SERVICES TO BE PROVIDED By THE ENGINEER
The Engineer shall provide the necessary engineering and technical services
required for the preparation of the items required by the City for the preparation
of a TxDOT Utility Reimbursement Assembly Package. All documents prepared by
the Engineer for the City shall be in accordance with the TxDOT Utility Manual.
The latest version of the manual is available at
http:/lmanuaIs.dot.state.tx.us/dynaweb/colrowma/utl. These items consist of the
items presented to the Engineer on July 29, 2004 at a meeting with the City of
Round Rock and additional items identified in this attachment. These items are
limited to those items described in the TASK OUTLINE shown below and the
quantities shown are in addition to all previous supplemental agreements.
TASK OUTLINE
REIMBURSEMENT ASSEMBLY PACKAGE
1) The Engineer shall perform a title search along the FM 1460 right-of-way for
the purposes of determining where the City of Round Rock currently posses
utility easements. The limits of the title search will be from US 79 to 2.958
miles north of US 79.
2) The Engineer shall provide a plot to the City which depicts the easements
discovered through the title search overlain on the TxDOT proposed right-of-
way maps. The Engineer shall also provide copies of the documents that
establish ownership of the easements by the City.
3) The Engineer shall prepare a betterment estimate for the utility construction
IAW the TxDOT Utility Manual. This estimate shall depict what the estimated
costs will be for the construction of utilities that are reconstructed due to
displacement from a City of Round Rock easement. The Engineer will prepare 5
copies of the estimate for submittal to the City.
4) The Engineer shall prepare a non-betterment estimate for the utility
construction IAW the TxDOT Utility Manual. This estimate shall depict the
estimated costs associated with replacing those utilities reconstructed due to
displacement from a City of Round Rock easement if it is replaced in kind and
not upgraded. The Engineer will prepare 5 copies of the estimate for submittal
to the City.
5) The Engineer shall calculate the Eligibility Ratio for the utility betterment IAW
the TxDOT Utility Manual and provide 5 copies to the City. An example would
be if the betterment estimate is $100,000 and the non-betterment is $90,000,
then the associated eligibility ratio would be 90%.
6) The Engineer shall gather two copies of the proposed TxDOT right-of-way plans
from the State and provide them to the City as is.
7) The Engineer shall provide the City with five (5) copies of the utility relocation
plans as accepted by the City on August 27, 2002. The Engineer shall color
code two (2) of these plans sets to make relocation efforts more clear to the
reviewer.
8) The Engineer shall provide the City with five (5) copies of the submitted
specifications for the project.
9) The Engineer shall provide the City with five (5) copies of the relocation plans
opinion of probable cost updated to be more accurate with the current market.
The original engineer's opinion of probable cost was submitted on August 27,
2002.
10) The Engineer will meet on a regular basis with subconsultants and
coordinate their scope of services.
11) The Engineer will prepare project invoices, project progress reports and
meet with the City on a scheduled basis.
ADDENDUM TO EXHIBIT C
Work Schedule
The revised Work Schedule is as follows:
EXHIBIT C
CITY OF ROUND ROCK
CR 113 —Realignment and Reconstruction from FM 1460 to the MoKan Right-of-Way
WILLIAMSON COUNTY
WORK SCHEDULE
Notice to Proceed October 14, 2004
Title Search Complete January 31, 2005
Easement Plot Submittal February 11, 2005
Assembly Package Items Submittal March 11, 2005
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
PROJECT NAME:Kiphen Road FEE SCHEDULE
PROVIDER NAME:Chiang,Patel Yerby 9/21!2004
EXHIBIT D
CRI 1 Realignment & Reconstruction
City of Round Rock, Texas
Task Description Totai Cast
s.
RIGHT-OF-WAY AND UTILITY ADJUSTMENTS FC 130 $ 15,392.35
SUB-TOTAL LABOR EXPENSES $ 15,392.00
s,.
TOTAL LABOR COSTS $ 15,392.00
EXPENSES $ 230.00
TOTAL CP&Y FEE $ 15,622.00
SUBCONSULTANTS
Inland Civil Associates, LLC $ 20,408.00
GRAND TOTAL $ 36,030.00
00073066.XLS