R-09-12-17-8D1 - 12/17/2009RESOLUTION NO. R -09-12-17-8D1
WHEREAS, the City of Round Rock has previously entered into a
Contract for Engineering Services ("Contract") with S.D. Kallman,
L.P. for the Egger Acres and Dennis Drive Improvements Project, and
WHEREAS, S.D. Kallman, L.P. has submitted Supplemental
Contract No. 2 to the Contract to modify the provisions for the
scope of services, and
WHEREAS, the City Council desires to enter into said
Supplemental Contract No. 2 with S.D. Kallman, L.P., 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 Contract No. 2 to the Contract with
S.D. Kallman, L.P., 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.
RESOLVED this 17th day of December, 2009.
ATTEST:
EA:al
SARA L. WHITE, City Secretary
O:\wdox\SCC1nt5\0112\0905\MUNICIPAL\R91217D1.DOC/rmc
)1,
ALAN MCGRAW, Mayor
City of Round Rock, Texas
STATE OF TEXAS
COUNTY OF WILLIAMSON
§
§
§
EXHIBIT
t
D
2 III
SUPPLEMENTAL CONTRACT NO. 2
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: S.D. KALLMAN, L.P.
ADDRESS: 1106 S. Mays, Ste. 100, Round Rock, TX 78664
PROJECT: EGGER ACRES AND DENNIS DRIVE IMPROVEMENTS
("Engineer")
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 S.D. KALLMAN, L.P.,
hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 8th day of September, 2005 for the Egger Acres and Dennis Drive
Improvements Project in the amount of $156,853.41; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on February 29, 2008
to amend the scope of services and to increase the compensation by $25,908.88 to a total of
$182,762.29; 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 $11,299.78 to a total of $194,062.07; and
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.
1I.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$11,299.78 the lump sum amount payable under the Contract for a total of $194,062.07, as
shown by the attached Addendum to Exhibit D.
Article 8, Project Team shall be amended as follows:
City's Designated Representative for purposes of the Contract is amended as follows:
Danny Halden, P.E., City Engineer
2008 Enterprise Drive
Round Rock, TX 78664
Telephone: (512)218-6610
Fax: (512) 218-5563
Email: dhalden@round-rock.tx.us
Engineer's Designated Representative for purposes of the Contract is amended as follows:
Steven D. Kallman, P.E.
1106 S. Mays, Ste. 100
Round Rock, TX 78664
Telephone: (512) 218-4404
Fax: (512) 218-1668
Email: steve@sdkallman.com
sdkallman.com
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
S.D. KALLMAN, L.P.
5 -revek b. KALLM/psi
4 G-)467.1.4. en v-ri4;j-
ll- 30- 01
Date
CITY OF ROUND ROCK APPROVED AS TO FORM:
By:
Alan McGraw, Mayor Stephan L. Sheets, City Attorney
Date
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
The previously agreed-upon Engineering Services shall be revised as set forth below.
The Engineer shall re -analyze the storm sewer system previously designed and revise the plans
and project manual as necessary to provide for a storm sewer system that meets rather than
exceeds current City of Round Rock drainage design criteria. Subsequent to the plans and
project manual revisions, the Engineer shall provide services necessary for the City to re -bid the
associated construction project, including but not limited to: ensuring a proper notification to
bidders, conducting the bid opening, tabulating and analyzing the bids, researching the
qualifications of one or more of the bidders, and recommending award of the associated
construction contract.
Construction Administration Phase services outstanding beyond September 11, 2009 shall be
eliminated.
Prior to invoicing the City as applicable for the services outlined above, the Engineer• shall
deliver to the City two copies of the plans prepared by the Engineer. One shall be a mylar copy
and the other an electronic copy in a format acceptable to the City.
ADDENDUM TO EXHIBIT D
Fee Schedule
(Attached Behind This Page)
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
TASK ITEMS
FEE
REIMBURSABLE
TOTAL
Phase I: Preliminary Phase
$ 297.46
$ 156.75
$ 119.01
40% Phase 1
$ 11,357.43
$ 6,049.67
$ 17,407.10
60% Phase I
$ 17,036.15
$ 496.10
$ 17,532.25
Phase 11: Design Phase
30% Phase II
$ 23,454.58
$ 7,092.80
$ 30,547.38
20% Phase 11
$ 15,636.39
$ 4,893.90
$ 20,530.29
25%Phase 11
$ I9,545.49
$ 496.10
$ 20,041.59
25% Phase 11
$ 19,545.49
$ 496.10
$ 20,041.59
SUPPLEMENTAL, CONTRACT NO. 1
Surveying
$ 2,500.00
$ -
$ 2,500.00
Engineering Services
$ 23,408.88
$ -
$ 23,408.88
SUPPLEMENTAL CONTRACT NO. 2
Engineering Services
S 27,354.42
S 27,354.42
Phase III: Bidding Phase
60%Phase III
$ 3,048.13
$ 1,736.35
$ 4,784.48
20% Phase 111
$ 1,016.04
$ 1,016.04
20% Phase llI
$ 1,016.04
$ 1,016.04
SUPPLEMENTAL CONTRACT NO. 2
Bidding Services
5 2,666.00
$ 2,666.00
Phase IV: Construction Administration Phase
20% Phase IV
$ 4,359.32
$ 2,140.05
$ 6,499.37
15% Phase IV
$ 3,269.49
$ 3,269.49
15% Phase IV
$ 3,269.49
$ 3,269.49
15% Phase IV
$ 3,269.49
$ 3,269.49
15% Phase IV
$ 3,269.49
$ 3,269.49
20% Phase IV
$ 4,359.32
$ 4,359.32
SUPPLEMENTAL CONTRACT NO. 2
Deduct 78.21% of Phase IV
$ (16,580.59)
$ (2,140.05)
$ (18,720.64)
Total Project Cost
$ 172,801.05
$ 21,261.02
$ 194,062,07
CLASSIFICATION
TOTAL
STANDARD
RATE
TOTAL EXPERT
TESTIMONY
RATE*
Principal and Registered Professional
Engineer
Senior Engineer
Project Manager
$ 237.97
$ 125.40
$ 95.21
$ 297.46
$ 156.75
$ 119.01
aces are based on "Total Standard Rate" with a 1.25 multiplier.
Page 1 of 2
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
MANHOUR ESTIMATE
Engineering Services:
Phase I: Preliminary Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
38.0
$
237.97
$ 9,042.86
Project Manager
46.0
124.0
$
95.21
$ 11,806.04
Design Technician, including AutoCAD Station
0.0
60.0
$
80.85
$ 4,851.00
Secretarial Personnel, including Word Processor
2.0
44.0
$
61.22
$ 2,693.68
Sub -total
Sub -total
266.0
$ 5,216.01
$ 28,393.58
Phase Ii: Design Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
92.0
$
237.97
$ 21,893.24
Project Manager
46.0
246.0
$
95.21
$ 23,421.66
Design Technician, including AutoCAD Station
0.0
352.0
$
80.85
$ 28,459.20
Secretarial Personnel, Including Word Processor
2.0
72.0
$
61.22
$ 4,407.84
Sub -total
Sub -total
762.0
$ 5,216.01
$ 78,181.94
Supplemental #1
Principal and Registered Professional Engineer
4.0
$
237.97
$ 951.88
Project Manager
100.0
$
95.21
$ 9,521.00
Design Technician, Including AutoCAD Station
160.0
$
80.85
$ 12,936.00
Secretarial Personnel, including Word Processor
Sub -total
762.0
$
61.22
$ 23,408.88
Supplemental #2
Sub -total
31.0
$ 2,666.00
Principal and Registered Professional Engineer
Sub -total
33.0
$
237.97
$ 7,853.01
Project Manager
86.0
$
95.21
$ 8,188.06
Design Technician, including AutoCAD Station
121.0
$
80.85
$ 9,782.85
Secretarial Personnel, including Word Processor
25.0
$
61.22
$ 1,530.50
Sub -total
240.0
$ 27,354.42
Sub -total
1,764.0
$ 128,945.24
Phase til: Bidding Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
7.0
$
237.97
$ 1,665.79
Project Manager
46.0
14.0
$
95.21
$ 1,332.94
Design Technician, including AutoCAD Station
0.0
0.0
$
80.85
$ -
Secretarial Personnel, including Word Processor
2.0
34.0
$
61.22
$ 2,081.48
Sub -total
Sub -total
55.0
$ 5,216.01
$ 5,080.21
Supplemental #2
Principal and Registered Professional Engineer
3.0
$
237.97
$ 713.91
Project Manager
7,0
$
95.21
$ 666.47
Design Technician, including AutoCAD Station
0.0
$
80.85
$ -
Secretarial Personnel, including Word Processor
21.0
$
61.22
$ 1,285.62
Sub -total
31.0
$ 2,666.00
Sub -total
86.0
$ 7,746.21
Phase IV: Construction Administration Phase
Supplemental #2
Manhours
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
$
237.97
$ 713.91
Project Manager
46.0
$
95.21
$ 4,379.66
Design Technician, including AutoCAD Station
0.0
$
80.85
$ -
Secretarial Personnel, including Word Processor
2.0
$
61.22
$ 122.44
Sub -total
51.0
$ 5,216.01
Page 2 of 2
DATE: December 8, 2009
SUBJECT: City Council Meeting — December 17, 2009
ITEM: 8D1. Consider a resolution authorizing the Mayor to execute Supplemental Contract
No. 1 with S.D. Kallman, LP for Egger Acres and Dennis Drive Improvements.
Department: Engineering and Development Services
Staff Person: Danny Halden, P.E., City Engineer
Justification:
The Engineer is requesting reimbursement for expenses incurred associated with revising the previously
completed Engineering Services. The revisions included re -analyses and construction document changes,
and subsequently included bidding services to re -bid the associated construction project.
Upon initial bidding of the construction project, the bid price exceeded the City's available construction
funds. Upon closer examination of the original drainage design after the initial bid, the City concluded
that the storm sewer system was designed more conservatively than required by the City's drainage
criteria. Therefore, the City requested that the storm sewer system be revised to meet rather than
exceed the City's drainage criteria. While it is difficult to exactly determine, it appears that the revised
drainage portion of the project could have been constructed with available funds. However,
coincidentally the prevailing economic climate had significantly changed between the time the
construction project was initially bid and the time it was re -bid. This resulted in the City having available
funds to not only construct the drainage portion of the project but to perform street resurfacing that the
City had originally desired to perform if funding was available. Therefore, it appears that the City
realized prudent and significant economic benefit not solely from the Engineering Services revisions, but
also due to the economic climate changes. While the Professional Services Contract appears to
adequately address the difference between revisions that are compensable and those that are not, in
this instance the Engineer did in fact willingly perform the revisions without protest or exhaustive
discussion with the City about the Contract requirements. If Supplemental Agreement No. 2 is executed
by both parties, the original Contract would be increased $30,020.42 for the services revisions (design
and bidding services), which equates to approximately 50% of the costs the Engineer has stated were
incurred due to the revisions.
If Supplemental Agreement No. 2 is executed by both parties, Construction Administration Phase
services will be reduced $18,720.64 to avoid unnecessary duplication and in effect will help defray costs
of the aforementioned services revisions.
Strategic Plan Relevance:
2.0 Prevent neighborhood deterioration.
4.0 Improve the aesthetics, development and redevelopment quality, and sustainability of the City.
29.0 Provide for effective management of storm water.
Funding:
Cost:
Source of funds:
Outside Resources:
Public Comment:
$11,299.78
2002 G.O. Bonds
S. D. Kallman, LP
N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL CONTRACT NO. 2
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: S.D. KALLMAN, L.P. ("Engineer")
ADDRESS: 1106 S. Mays, Ste. 100, Round Rock, TX 78664
PROJECT: EGGER ACRES AND DENNIS DRIVE 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 S.D. KALLMAN, L.P.,
hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 8th day of September, 2005 for the Egger Acres and Dennis Drive
Improvements Project in the amount of $156,853.41; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on February 29, 2008
to amend the scope of services and to increase the compensation by $25,908.88 to a total of
$182,762.29; 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 $11,299.78 to a total of $194,062.07; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract
is amended as follows:
Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set
forth in the attached Addendum To Exhibit B.
I1.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$11,299.78 the lump sum amount payable under the Contract for a total of $194,062.07, as
shown by the attached Addendum to Exhibit D.
R- 01- L2-14 - 017r
Article 8, Project Team shall be amended as follows:
City's Designated Representative for purposes of the Contract is amended as follows:
Danny Ha'den, P.E., City Engineer
2008 Enterprise Drive
Round Rock, TX 78664
Telephone: (512)218-6610
Fax: (512) 218-5563
Email: dhalden@round-rock.tx.us
Engineer's Designated Representative for purposes of the Contract is amended as follows:
Steven D. Kallman, P.E.
1106 S. Mays, Ste. 100
Round Rock, TX 78664
Telephone: (512) 218-4404
Fax: (512) 218-1668
Email: steve@sdkallman.com
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
S.D. KALLMAN, L.P.
By:
�. 16./1-
c-Nicsitdot Pare, cr
11- 30- 0?
Date
CITY OF ROUND ROCK APPR 0 VED AS TO FORM:
By: 4.1
Alan McGraw, Mayor Stepha'i L. Sheets, City Attorney
IL- II-- 09
Date
ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
The previously agreed-upon Engineering Services shall be revised as set forth below.
The Engineer shall re -analyze the storm sewer system previously designed and revise the plans
and project manual as necessary to provide for a storm sewer system that meets rather than
exceeds current City of Round Rock drainage design criteria. Subsequent to the plans and
project manual revisions, the Engineer shall provide services necessary for the City to re -bid the
associated construction project, including but not limited to: ensuring a proper notification to
bidders, conducting the bid opening, tabulating and analyzing the bids, researching the
qualifications of one or more of the bidders, and recommending award of the associated
construction contract.
Construction Administration Phase services outstanding beyond September 11, 2009 shall be
eliminated.
Prior to invoicing the City as applicable for the services outlined above, the Engineer shall
deliver to the City two copies of the plans prepared by the Engineer. One shall be a mylar copy
and the other an electronic copy in a format acceptable to the City.
ADDENDUM TO EXHIBIT D
Fee Schedule
(Attached Behind This Page)
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
TASK ITEMS
FEE
REIMBURSABLE
TOTAL
Phase I: Preliminary Phase
$
237.97
$
40% Phase 1
$ 11,357.43
$ 6,049.67
$ 17,407.10
60% Phase I
$ 17,036.15
$ 496.10
$ 17,532.25
Phase 11: Design Phase
$
156.75
Project Manager
30% Phase II
$ 23,454.58
$ 7,092.80
$ 30,547.38
20% Phase 11
$ 15,636.39
$ 4,893.90
$ 20,530.29
25% Phase 11
$ 19,545.49
$ 496.10
$ 20,041.59
25% Phase 11
$ 19,545.49
$ 496.10
$ 20,041.59
SUPPLEMENTAL CONTRACT NO. 1
Surveying
$ 2,500.00
$ -
$ 2,500.00
Engineering Services
$ 23,408.88
$ -
$ 23,408.88
SUPPLEIIIENTAL CONTRACT NO. 2
Engineering Services
$ 27,354.42
$ 27,354.42
Phase 111: Bidding Phase
60%Phase III
$ 3,048.13
$ 1,736.35
$ 4,784.48
20% Phase 11I
$ 1,016.04
$ 1,016.04
20% Phase 111
$ 1,016.04
$ 1,016.04
SUPPLEMENTAL CONTRACT NO. 2
Bidding Services
$ 2,666.00
$ 2,666.00
Phase IV: Construction Administration Phase
20% Phase IV
$ 4,359.32
$ 2,140.05
$ 6,499.37
15% Phase IV
$ 3,269.49
$ 3,269.49
15% Phase IV
$ 3,269.49
$ 3,269.49
15% Phase IV
$ 3,269.49
$ 3,269.49
15%Phase IV
$ 3,269.49
$ 3,269.49
20% Phase IV
$ 4,359.32
$ 4,359.32
SUPPLEMENTAL CONTRACT NO. 2
Deduct 78.21% of Phase IV
$ (16,580.59)
$ (2,140.05)
$ (18,720,64)
Total Project Cost
$ 172,801.05
$ 21,261.02
$ 194,062.07
CLASSIFICATION
TOTAL
STANDARD
RATE
TOTAL EXPERT
TESTIMONY
RATE*
Principal and Registered Professional
$
237.97
$
297.46
Engineer
Senior Engineer
$
125.40
$
156.75
Project Manager
$
95.21
$
119.01
es are based on "Total Standard Rate" with a 1.25 multiplier.
Page 1 of 2
ADDENDUM TO EXHIBIT D
FEE SCHEDULE
MANHOUR ESTIMATE
Enuineerinst Services:
Phase I: Preliminary Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
38.0
$
237.97
$ 9,042.86
Project Manager
Sub -total
124.0
$
95.21
$ 11,806.04
Design Technician, including AutoCAD Station
0.0
60.0
$
80.85
$ 4,851.00
Secretarial Personnel, including Word Processor
2.0
44.0
$
61.22
$ 2,693.68
Sub -total
Sub -total
266.0
$ 5,216.01
$ 28,393.58
Phase II: Design Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
3.0
92.0
$
237.97
$ 21,893.24
Project Manager
Sub -total
246.0
$
95.21
$ 23,421.66
Design Technician, including AutoCAD Station
0.0
352.0
$
80.85
$ 28,459.20
Secretarial Personnel, including Word Processor
2.0
72.0
$
61.22
$ 4,407.84
Sub -total
Sub -total
762.0
$ 5,216.01
$ 78,181.94
Supplemental #1
Sub -total
86.0
$ 7,746.21
Principal and Registered Professional Engineer
4.0
$
237.97
$ 951.88
Project Manager
100.0
$
95.21
$ 9,521.00
Design Technician, including AutoCAD Station
160.0
$
80.85
$ 12,936.00
Sub -total
762.0
$ 23,408.88
Supplemental #2
Principal and Registered Professional Engineer
33.0
$
237.97
$ 7,853.01
Project Manager
86.0
$
95.21
$ 8,188.06
Design Technician, including AutoCAD Station
121.0
$
80.85
5 9,782.85
Secretarial Personnel, including Word Processor
25.0
$
61.22
$ 1,530.50
Sub -total
240.0
$ 27,354.42
Sub -total
1,764.0
$ 128,945.24
Phase 111: Bidding Phase
Manhours
Hourly Rate
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
Project Manager
Design Technician, including AutoCAD Station
Secretarial Personnel, including Word Processor
3.0
7.0
14.0
0.0
34.0
$
$
$
$
237.97
95.21
80.85
61.22
$ 1,665.79
$ 1,332.94
5 -
$ 2,081.48
Sub -total
55.0
95.21
$ 4,379.66
$ 5,080 21
Supplemental #2
0.0
$
80.85
$
Secretarial Personnel, including Word Processor
Principal and Registered Professional Engineer
Project Manager
Design Technician, including AutoCAD Station
Secretarial Personnel, including Word Processor
2.0
3.0
7.0
0.0
21.0
$
$
$
$
237.97
95.21
80.85
61.22
$ 713.91
$ 666.47
$
$ 1,285.62
Sub -total
Sub -total
31.0
$ 5,216.01
$ 2,666.00
Sub -total
86.0
$ 7,746.21
Phase IV: Construction Administration Phase
Supplemental #2
Manhours
Hourly Rate
Total Cost
Principal and Registered Professional Engineer
Project
3.0
$
237.97
$ 713.91
Manager
46.0
$
95.21
$ 4,379.66
Design Technician, including AutoCAD Station
0.0
$
80.85
$
Secretarial Personnel, including Word Processor
2.0
$
61.22
$ 122.44
Sub -total
51.0
$ 5,216.01
Page 2 of 2