Contract - CP&Y - 10/28/2021STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL CONTRACT NO. 5
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: CP&Y, INC. ("Engineer")
ADDRESS: 13809 Research Boulevard, Suite 300, Austin, TX 78750
PROJECT: Kenney Fort Boulevard (Segments 2 & 3)
This Supplemental Contract No. 5 to Contract for Engineering Services is made by and between
the City of Round Rock, Texas, hereinafter called the "City" and CP&Y, Inc., hereinafter called
the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the llth day of February, 2016 for the Kenney Fort Boulevard
(Segments 2 & 3) Project in the amount of $933,519.78; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 1 on April 12, 2018 to
amend the scope of services and to increase the compensation by $135,900.00 to a total of
$1,069,419.78; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 2 on November 8,
2018 to amend the scope of services and to increase the compensation by $840,597.18 to a total
of $1,910,016.96; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 3 on June 27, 2019 to
amend the scope of services and to increase the compensation by $83,520.00 to a total of
$1,993,536.96; and
WHEREAS, the City and Engineer executed Supplemental Contract No. 4 on July 9, 2020 to
amend the scope of services and to increase the compensation by $114,698.50 to a total of
$2,108,235.46; 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 $66,209.00 to a total of $2,174,444.46;
NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract
is amended as follows:
Supplemental Contract
0199.1603; 00483478
Rev.06/16
84275
I.
Article 1, City Services and Exhibit A, City Services shall be amended as set forth in the
attached Addendum to Exhibit A.
II.
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.
III.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$66,209.00 the lump sum amount payable under the Contract for a total of $2,174,444.46, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
[signature pages follow]
Supplemental Contract Rev.06/16
0199.1603;00483478 84275
2 i.
CP&Y, INC.
By. t-
Marisa Trevino Vergara, PE - Sr Vice President
10/11/2021
Date
Supplemental Contract Rev.06/16
0199.1603;00483478 84275
3
CITY OF ROUND ROCK APPROVED AS TO FORM:
By: 1.
Craig Morgan, May Stepha L. Sheets, City Attorney
(0 .22> A
Date
Supplemental Contract Rev.06/16
0199.1603;00483478 84275
4
•
ADDENDUM TO EXHIBIT A
City Services
The City will furnish the following information to the Engineer and/or perform the following tasks:
1. Provide existing reports or data the City has on file concerning the project,if available.
2. Provide any available as-built plans for roadways,existing steel encasement,culverts etc.impacting
the project.
3. Provide any available as-built plans for any reuse water lines that are near to,tie into or might affect
the design of the new line.
4. Provide any available utility,parcel and/or topographic mapping information of the project area.
5. Assist the Engineer, as necessary, in obtaining any required data and information from the State,
County,neighboring Cities and/or other franchise utility companies.
6. Assist the Engineer by requiring appropriate utility companies to expose underground utilities
within the right-of-way,when required.
7. Give prompt written notice to the Engineer whenever the City observes or otherwise becomes
aware of any development that affects the scope of the Engineer's services.
8. Meet on an as needed basis to answer questions,provide guidance and offer comment.
9. Provide construction inspection and construction testing services including coordination and scope
of services.
10. Pay all fees associated with approvals and/or permits from entities when such approvals and/or
permits are necessary as determined by the City.
11. Pay for costs associated with newspaper public notice for bid advertisement.
12. Assist with property owner coordination for Right-of Entry.
13. Secure easements (using documents prepared by Engineer) as required for construction of
improvements described in Engineer's final design plans.
14. Obtain necessary permits, including TxDOT permits, as required for performing work and
installing water lines in the state right-of-way.
15. Review the Application for Payment and supporting documentation submitted by the Contractor.
16. Provide geotechnical,corrosion assessment,environmental studies, survey, SUE, and public
involvement services performed by others.
17. Provide sizes of reuse waterlines and perform all necessary calculations to verify sizes.
Exhibit A
9/23/2021
1 of 1
ADDENDUM TO EXHIBIT B
Engineering Services
The Kenney Fort Boulevard(KFB)Reuse Project will include design and construction of approximately 4,900 LF of 16"
reuse waterline located between Forest Creek Drive and Gattis School Road along the west side of the proposed Kenney
Fort Boulevard.The project will also include:
• Approximately 150 LF of 30"casing pipe under Forest Creek Drive
• Approximately 150 LF of 30"casing pipe under Gattis School Road
• Approximately 200 LF of 12"reuse waterline and 150 LF 24"casing pipe under Kenney Ft.Boulevard from the
southwest side to southeast side of Gattis School Road.
• Approximately 860 LF of 12"reuse waterline along the south side of Gattis School Road starting at the southwest
side of the Gattis School Road and Kenney Fort Boulevard intersection.
The Engineer shall provide the necessary engineering and technical services for the completion of the project including
preparation of plans,specifications and cost projections.Engineering services will include design and construction phase
services.The reuse waterline improvement construction documents will be designed in accordance with City of Round
Rock standards and will be constructed as part of a Kenney Fort Boulevard roadway project.
Environmental studies,public involvement,surveying and mapping,geotechnical engineering,preliminary engineering,
and utility locating have already been performed as part of the KFB roadway project under a separate contract.
The design phase duration is anticipated to be approximately 1.5 months,and the reuse waterline construction phase is
anticipated to be approximately one year,depending on roadway construction phasing.
The tasks and products are more fully described in the following TASK OUTLINE.
TASK OUTLINE
I. BASIC SERVICES
A. DESIGN AND BID DOCUMENT PREPARATION
1. PROJECT MEETINGS
(a) Attend, conduct and document 2 project meetings. Prepare meeting minutes including action items to help
maintain project schedule.
2. PREPARATION OF CONSTRUCTION PLANS
(a) Coordinate and evaluate alignment design based on available existing and proposed improvements
(b) Prepare general notes for reuse lines
(c) Prepare plan and profile sheets identifying right-of-way,property easement,existing utilities and topographic
features. Scale will be 1"=40'horizontal and 1"=4'vertical
(d) Adjust wastewater line alignment and produce updated sheets for Contractor
(e) Prepare construction details
(f) Calculate air relief valve sizing and location requirements;calculate restrained joint location requirements.
(g) Perform internal QA/QC prior to each submittal
(h) Prepare Design Plans, Specifications, and Engineer's Opinion of Probable Construction Cost at 100%design.
Include three sets of plans for City review and respond to review comments.
B. CONSTRUCTION PHASE SERVICES
1. CONSTRUCTION PHASE SERVICES
(a) The Engineer will make periodic visits to the Project site at intervals appropriate to the various stages of
construction to observe the progress and quality of the Contractor's work.It is assumed for estimation
purposes that the Engineer will visit the site once a month,3 hours per visit,for a total of 4 months(in
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addition to 8 months captured in waterline scope).Based on the information obtained during such visits,the
Engineer will endeavor to determine if the Contractor's work is proceeding in accordance with the Contract
Documents.The purpose of such project site visits and such observations is to keep the Owner generally
informed of the progress of the Contractor's work and to determine if the completed work of the Contractor
conforms in general to the design concept indicated in the Construction Contract Documents.On the other
hand,the Engineer shall not,during such visits or as a result of such observations,supervise,direct,or have
control over the Contractor's work nor shall the Engineer have authority over or responsibility for the means,
methods,techniques,sequences or procedures of construction selected by the Contractor,for safety
precautions and programs incident to the work of the Contractor or for any failure of the Contractor to comply
with rules,regulations,ordinances,codes or orders applicable to the Contractor's performance of the work.
The Contractor shall have sole authority over and responsibility for:
(i) the means,methods,techniques,sequences,and procedures of construction
(ii) safety precautions and programs incident to the construction,and
(iii) compliance with rules,regulations,ordinances,codes and orders applicable to the construction.The
Engineer neither guarantees the performance of the Contractor nor assumes any responsibility for the
Contractor's failure to furnish and perform its work in accordance with the Construction Contract
Documents
(b) Issue necessary clarifications and interpretations of the Construction Contract Documents as appropriate to the
orderly completion of the Contractor's work. Such clarifications and interpretations will be consistent with
the intent and reasonably inferable from the Construction Contract Documents
(c) Make recommendations to the Owner regarding change orders as appropriate and when directed by the
Owner,and prepare Change Orders as reasonably required.Preparation of Change Orders,which result from
significant changes in the scope,extent,or character of the Project designed by the Engineer,is not included
in this scope of services
(d) Review samples,catalog data,schedules,submittals,shop drawings,laboratory,shop and mill tests of
material and test equipment and other data as required by the Construction Contract Documents,but only for
conformance with the design concept indicated in the Construction Contract Documents. Such reviews will
not extend to means,methods,techniques,sequences or procedures of construction or to safety precautions
and programs incident thereto
(e) Upon notice from the Contractor that the Contractor's work is ready for its intended use,conduct,in company
with the Owner's representative and the Contractor,an observation to determine if the work is substantially
complete.If the Owner and the Engineer consider the work substantially complete,issue a certificate of
substantial completion containing a list of required tasks for the Contractor to complete prior to issuance of
certificate of final completion.Conduct a final walk through together with the Owner and the Contractor to
determine if the work has reached final completion so that the Engineer may recommend final payment to the
Contractor. If appropriate,make recommendations to the Owner for final payment to the Contractor
(f) Receive,review and transmit to the Owner maintenance and operating instructions,warranties and guarantees,
marked up record documents received from the Contractor,which reflect field changes to the bid documents.
The Engineer will review the documents to ascertain,to the best of the Engineer's knowledge and belief,that
the reflected field changes are complete and correct
(g) Prepare Project record drawings incorporating compiled change orders and field changes that are received
from the Owner and the Contractor.Three(3)sets of prints of"Record Drawings"will be submitted by the
Engineer to the Owner on 11x17 paper copies
(h) Submit to the Owner electronic PDF and CADD files used for the production of the Record Drawings.
Record drawings on electronic files furnished to the Owner are for the convenience of the Owner only.The
Record Drawings shall be sole documents relied upon by the Owner as a reflection of the condition of the
project location after completion of the construction activities.
C. PROJECT MANAGEMENT SERVICES
1. PROJECT MANAGEMENT
(a) The Engineer will manage professional services to complete the project Design&Bid Document Preparation
phase including,progress reports,milestones and invoicing
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(b) The Engineer will manage professional services to complete the project Construction Services phase
including,progress reports,milestones and invoicing
(c) The Engineer will manage professional services to coordinate work performed by the Roadway Engineer
including Environmental,Utility,Easement and Stakeholder coordination.
II. ADDITIONAL SERVICES
A. Engineer will develop at the request of the Owner any changes,alterations or modifications to the Project which appear
to be advisable and feasible based on unexpected field conditions and in the best interest of the Owner
B. Work not described in the basic services must be approved by supplemental amendment to this Contract by the Owner
before the Engineer undertakes it.If the Engineer is of the opinion that any work is beyond the scope of this Contract
and constitutes additional work,the Engineer shall promptly notify the Owner of that opinion,in writing.In the event
the City finds that such work does constitute additional work,then the City shall so advise the Engineer,in writing,and
shall provide extra compensation to the Engineer for the additional work as provided under a supplemental amendment
C. Engineer will develop at the request of the Owner reuse waterline design outside of the existing extents of the KFB
roadway project.
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ADDENDUM TO EXHIBIT C
Work Schedule
Notice to Proceed N/A Oct 29, 2021
30%Design Schematic 3 Nov 1, 2021
City Review 2 Nov 3, 2021
100%Unsealed Submittal 29 Dec 2, 2021
City Review 2 Dec 4, 2021
Incorporate Comments & Seal 5 Dec 9, 2021
Exhibit C
10/6/2021
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ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
'hlr •n/'
Exhibit D
Kenney Fort Blvd. Water Line Improvements Project
City of Round Rock
Task Description Total Labor Hours Total Loaded Labor Other Direct Costs
Cost
1.BASIC SERVICES
A.DESIGN AND BID DOCUMENT PREPARATION 343 $ 45,680.00
B.CONSTRUCTION PHASE SERVICES 116 $ 14,820.00 S
C.PROJECT MANAGEMENT 44 $ 5,450.00 $
D.EXPENSES $ - $ 259.00
SUB-TOTAL BASIC ENGINEERING SERVICES 503 65,950.00 259.00
ll.ATONAL SERVICES
SUB-TOTAL ADDITIONAL SERVICES $
SUB-TOTAL(BASIC&ADDITIONAL SERVICES) 65,950.00 259.00
GRAND TOTAL(BASIC&ADDITIONAL SERVICES&EXPENSES) 66,209.00
4.0 EXHIBIT D KFB Reuse Page 1 of 6
Exhibit D
Kenney Fort Blvd. Water Line Improvements Project
City of Round Rock
Fee Schedule/Budget for CP&Y, Inc.
No.of Project Senior Project CADD Admin/ Total Total Direct
Task Description PS&E Manager Engineer Engineer E'I'T' Labor
Operator Clerical Hours Labor Costs
aneew $190.00 $200.00 $165.00 $110.00 $110.00 $75.00
I.BASIC SERVICES
A.DESIGN AND BID DOCUMENT PREPARATION
1 Project Meetings
a Attend conduct and document 2 project meetings 2 4 4 10 1,470.00
-- 10 $ 1,470 00
2 P,powation of Construction Plans
a Alignment(30%) 4 2 8 2 2 18 $ 2,860.00
b Reuse Notes Sheet 2 2 4 $ 550.00
c Plan and Profile Sheets 8 8 4 48 48 96 1 204 $ 25,960.00
d Adjust Wastewater Plan&Profile Sheets 3 2 1 12 12 27 3,850.00
e Construction details 2 2 0 8 10 $ 1,210.00
f Air Release&Restrained Joint Calculations 0 2 4 8 14 1,900.00
g Internal QAI -100% 6 6 4 6 8 30 4,390.00
h OPC 2 2 4 8 $ 1,140.00
i Incorporate Client Response 2 4 4 8 18 $ 2,350.00
333 $ 44,210.00
4.0 EXHIBIT D KFB Reuse Page 2 of 6
Exhibit D
Kenney Fort Blvd. Water Line Improvements Project
City of Round Rock
Fee Schedule/Budget for CP&Y,Inc.
Task Description No.of PS&E Project Senior Project CADD Admin/ Total Labor Total Direct Labor
Sheets
Manager Engineer Engineer E.I.T. Operator Clerical Hours Costs
$190.00 $200.00 $165.00 $110.00 $110.00 $75.00
I.BASIC SERVICES
B.CONSTRUCTION PHASE SERVICES
1 Construction Phase Services
a Make periodic visits;1 X month @ 3 hrs/visit @ 4 months 12 6 1
b Issue necessary clarifications and interpretations of construction documents 2 4 16 22 $ 2,790.00
c Make recommendations regarding change orders 2 77 .
d Review submittals for conformance with design concept 6 1 1 2,31 .0
e Substantial completion 2 2 4 8 1,140.00
f Receive,review and transmit to Owner bid documents with field changes 4 4 8 16 1,980.00
g Prepare,Review Project record drawings;submit three(3)1 U17 sets 2 12 12 26 70.00
----
h Submit electronic files used for production of Record Drawings 2 2 220.00
---
4.0 EXHIBIT D KFB Reuse Page 4 of 6
Exhibit D
Kenney Fort Blvd. Water Line Improvements Project
City of Round Rock
Fee Schedule/Budget for CP&Y,Inc.
Project Senior Project Admin I Total Total Direct
Task Description E.I.T. Labor
Manager Engineer Engineer Clerical Labor Costs
Hours
$190.00 $200.00 $165.00 $110.00 $75.00
I.BASIC_S_ERVICES
C.PROJECT MANAGEMENT
1 Project Management
a Design&Bid Document Prep 2 4 6 $ 680.00
b Construction Services 10 20 30 $ 3,400.00
c Coordination with Roadway project 2 6 8 $ 1,370.00
- --- -- — ----- -- -44 $ - 5,450.00
4.0 EXHIBIT D KFB Reuse Page 5 of 6
Exhibit D
Kenney Fort Blvd.Water Line Improvements Project
City of Round Rock
Fee Schedule/Budget for CP&Y,Inc.
Project Senior Project CADD Admin/ Total Labor Total Direct
Sheeetsts
Task Description No.of Manager Engineer Engineer E.I.T. Operator Clerical Hours Labor Costs
$185.00 $180.00 $165.00 $110.00 $110.00 $75.00
0
4.0 EXHIBIT D KFB Reuse Page 6 of 6
Exhibit D
Kenney Fort Blvd. Water Line Improvements Project
City of Round Rock
Expense Item Unit Unit Cost Amount Total Cost
CADD Plotting _ sf 1.50
Mylar Plots If 6.00
Digital Ortho Plotting If 2.00
11"X 1 "Mylar sheet 1.00
81/2"X 11"B/W Paper Copies sheet 0.10 1,500 157. 00
11"X 17" Paper Copies sheet 0.15 50 .5
8 1 2"X 11"Color Paper Copies sheet S 1.00
11 1 "Color Paper Copies sheet 1.80
Fax Copies sheet 0.10
Film and Development roll 8.00
_ 4 X 6 Digital Color Prints picture 0.50
Oversized Digital Color Prints picture 50.00
Standard Postage letter 0.44 -
Express Mail(Standard) each 15.00 2 30.00
Express Mail(Oversized) each 30.00 -
Deliveries each 25.00
Airfare each 200.00
Rental Car day 80.00 -
Lodging day 85.00
Meals day 36.00 -
Mileage mile 0.550 130 71.50-
GPS Rental day 100.000 -
Cultural Resources Archival Research each 5 00.000
HazMat Database Search each 200.00
Miscellaneous Project Related Expenses NA at cost N $ -
SUBTOTAL DIRECT EXPENSES 259.00
4.0 EXHIBIT D KFB Reuse Page 1 of 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
lofl
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-811421
CP&Y, Inc.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency t at is a party to Me contract for which the form is 10/11/2021
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 services,goods,or other property to be provided under the contract.
Kenney Ft Blvd Suppl No.5
Professional Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Roohms, J.J. Austin,TX United States X
Kohler,Chuck New York City, NY United States X
Kelly, Greg New York City, NY United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is J.J.Roohms and my date of birth is
My address is 1820 Regal Row, Suite 200 Dallas , TX 75235 USA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of e on the 12th day of October 2021
(month) (year)
Ignftu thorized a en f contracting business entity
(Declara
Forms provided by Texas Ethics Commission www.ethics Vte.x Version V1.1.191b5cdc
r i
CERTIFICATE OF INTE"ESTED PARTIES FORM 1295
1of1
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
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2021-811421
CP&Y, Inc., an STV Company
Dallas, TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/11/2021
being filed.
City of Round Rock Date Acknowledged:
10/14/2021
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 services,goods,or other property to be provided under the contract.
Kenney Ft Blvd Suppi No. 5
Professional Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Roohms,J.J. Austin, TX United States X
Kohler, Chuck New York City, NY United States X
Kelly, Greg New York City, NY United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of ,20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc
No Text