Contract - Kimley-Horn and Associates, Inc. - 12/19/2024 STATE OF TEXAS §
COUNTY OF WILL"SON §
SUPPLEMENTAL CONTRACT NO. 1
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: KIMLEY-HORN AND ASSOCIATES, INC. ("Engineer")
ADDRESS: 10814 Jollwille Road Campus IV, Suite 200, Austin, TX 78759
PROJECT: Chandler Creek 4 - 15" Wastewater Upsizing
This Supplemental Contract No. 1 to Contract for Engineering Services is made by and between
the City of Round Rock, Texas, hereinafter called the "City" and Kimley-Horn and Associates,
Inc., hereinafter called the "Engineer."
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract," on the 17th day of May, 2024 for the Chandler Creek 4 - 15" Wastewater
Upsizing Project in the amount of$44,690.00; 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 $266,000.00 to a total of$310,690.00;
NOW THEREFORE,premises considered, the City and the Engineer agree that said Contract is
amended as follows:
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
$266,000.00 the maximum amount payable under the Contract for a total of $310,690.00, as
shown by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF,the City and the Engineer have executed this Supplemental Contract
in duplicate.
Supplemental Contract Rev.06/16
0199.202423;4938-0049-4848 84275
1
KIMLEY-HORN AND ASSOCIATES, INC.
Ozlaz e (q
Date
Supplemental Contract Rcv.06/16
0199.202423;4938-0049-4848 84275
2
CITY OF ROUND ROCK APPROVED AS TO FORM:
By: ea,
Craig Mo gan, or Stephanie L. Sandre, City Attorney
t6 L'14
Date
Supplemental Contract Rev.06/16
0199.202423;4938-0049-4848 84275
3
Kimley>))Horn
ADDENDUM TO EXHIBIT A
CITY SERVICES
The City of Round Rock (City) will provide the following information and other assistance to the
Engineer that the City deems appropriate and necessary:
• Any readily available pertinent existing information relating to the services to be performed by
the Engineer; the City will provide one copy of such information in a format chosen by the City.
• Any available CCTV for the existing wastewater line.
• Clear direction and/or response to questions or requests made by the Engineer during the
Engineer's performance of services.
• Timely review of deliverables that have been properly completed and submitted by the
Engineer; and timely provisions of comments, if any, to the Engineer resulting from said
reviews.
• Meet with the Engineer on an as-needed basis to facilitate performance of the Work.
• Arrange for the Engineer and their Sub-Consultants to access public and private property as
required to perform services under this contract, if necessary.
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ADDENDUM TO EXHIBIT B
ENGINEERING SERVICES
The Engineer understands that the City is in need of professional engineering design, bidding, and
construction phase services for the Chandler Creek Wastewater Upsizing project Phase I. This is a
supplemental scope of service to the original contract executed between the City and Kimley-Horn,
"Consultant"(executed on May 17th, 2024). The following assumptions are made regarding the project:
• This supplemental is to for the effort needed for the professional engineering design services
required for the design and construction of Phase I of the project which requires the
rehabilitation by pipe burst of approximately 2,700 LF of existing 12-inch wastewater line from
Harrell Pkwy to the UBCWCID Dam 17.
• It is assumed that the existing 12" ductile iron within the existing 36" steel encasement (UID:
1466854)will remain in place as 12"to avoid construction activities under the UBCWCID Dam
17 embankment.
(this space is intentionally blank)
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Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1 —Design Management& Data—(Phase I & Phase II) Additional Scope of Services
a) Project Schedule and Work Plan —Consultant will develop the project schedule and work
plan for executing the project scope of services.
b) Invoicing and Progress Reports—Assume this project task will have a duration of eighteen
(18) Months and includes monthly invoicing and progress reports.
c) Progress Meetings with Client—Consultant will meet with Client to provide project updates.
Assume up to; two (2) in person meetings and (4) virtual meetings.
d) Design Team Coordination—Consultant will conduct biweekly internal meetings during the
design phase of the project. Assume up to twelve (12) meetings.
e) Site Visit—Assume up to two (2) site visits.
f) Data Collection —This task includes compiling all available information regarding the project
including record drawings and setting up the project utilizing the information provided by
Client and others.
g) Subconsultant Coordination—This task includes meetings and communication with
subconsultants during the design phase of the project.
Task 2A—Preliminary Engineering— Phase I (Completed)
Task 2B—Preliminary Engineering Phase II (Completed)
Task 3—Phase 1-60% Design Phase
a) Alignment Verification Meeting: based on the preliminary design provided as part of Task 2A,
the Consultant will meet with the Client to finalize the alignment selection for Phase I and
update the exhibit from the preliminary phase.
b) Capacity Analysis: Consultant will perform capacity analysis of the upsized wastewater
segments to confirm and document selected design capacity. Consultant will rely on owner
supplied information for the capacity analysis and provide a summary of the findings as part
of the updated preliminary phase exhibit.
c) 60% Design Plans—prepared on 22"x34" sheets:
i. Cover Sheet— up to 1 sheet
ii. Project Notes and Sheet Index—up to 2 sheets
iii. Project Layout—up to 1 sheet
iv. Plan and Profile—up to 4 sheets (assume 1:40 Scale)
V. Detail Sheets—up to 2 sheets
d) Subconsultants Coordination: Consultant will review and incorporate information received
from subconsultants (outlined in Task 8) into the design files.
e) Opinion of Probable Construction Cost(OPCC)—The Consultant will update conceptual
opinions of probable construction cost to reflect changes from the Preliminary Engineering.
The Consultant has no control over the cost of labor, materials, equipment, or over the
Contractor's methods of determining prices or over competitive bidding or market conditions.
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Opinions of probable costs provided herein are based on the information known to Consultant
at this time and represent only the Consultant's judgment as a design professional familiar
with the construction industry. The Consultant cannot and does not guarantee that proposals,
bids, or actual construction costs will not vary from its opinions of probable costs.
f) Project Manual—Table of Contents only, including list of technical specifications, special
provisions, and special specifications.
g) QA/QC and Revisions— Internal quality control check of deliverable, revisions, and
documentation.
h) Task Deliverables:
• Updated Preliminary Phase Exhibit
• PDF 60% Plans
• OPCC
• Table of Contents for Project Manual
• 60%Workshop Meeting.
Task 4—Phase 1-90%& Final Design Phase
a) 90% Design Plans— prepared on 22"x34" sheets:
i. Cover Sheet—up to 1 sheet
ii. General Notes and Sheet Index—up to 2 sheets
iii. Project Layout—up to 1 sheet
iv. Erosion and Sedimentation Plan —up to 2 sheets
V. Erosion and Sedimentation Details— up to 1 sheet
vi. Bypass Plan—up to 1 sheet
vii. Plan and Profile— up to 5 sheets (assume 1:40 scale)
viii. Detail Sheets—up to 2 sheets
b) Opinion of Probable Construction Cost(OPCC)—The Consultant will update conceptual
opinions of probable construction cost to reflect changes from the Conceptual Design. The
Consultant has no control over the cost of labor, materials, equipment, or over the
Contractor's methods of determining prices or over competitive bidding or market conditions.
Opinions of probable costs provided herein are based on the information known to Consultant
at this time and represent only the Consultant's judgment as a design professional familiar
with the construction industry. The Consultant cannot and does not guarantee that proposals,
bids, or actual construction costs will not vary from its opinions of probable costs.
c) Project Manual—_Kimley-Horn will provide a project manual with front end sections provided
by City of Round Rock and technical specifications provided by Kimley-Horn. The technical
specifications will include City of Round Rock standard specifications, special specifications
for bypass pumping and special specifications for pipe bursting.
d) QA/QC and Revisions—Provide quality assurance and quality control checks prior to each
milestone submittal. This task also includes providing revisions based on the internal; QA/QC
as well as revisions and comments response based on the Client's comments from the
previous submittal.
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e) Final Plans: Consultant will provide one (1) round of revisions of the 90% plans and project
manual to address 90% design comments. Upon the City approval, Consultant will provide
the City one (1) PDF electronic copy of 22" x 34" plan set and the project manual.
f) Task Deliverables:
• PDF 90% Plans
• PDF Final Plans
• OPCC
• Project Manual
• 90%Workshop Meeting
• Final Workshop Meeting.
Task 5—Phase I— Permitting
a) UBCWCID Permitting (as needed)—This task will cover coordination and permitting effort with
UBCWCID regarding construction activities within the structural easement for WCID Dam 17.
Reference exhibit D for assumed number of hours for coordination with UBCWCID.
b) TCEQ Permitting—(if needed) The engineer will submit a summary transmittal letter to TCEQ
in accordance with TCEQ 217. This assumes (1) submittal.
c) Task Deliverables: meetings with UBCWCID as needed, and TCEQ submittal letter.
Kimley-Horn does not guarantee the issuance of permits or approvals. If permits are issued for this
project, the conditions and expiration dates are the sole responsibility of the Client. Kimley-Horn is
not responsible for extending time limited entitlements or permits. Kimley-Horn can provide services
to file for extensions, if applicable, provided the Client issues a direct written request for each
requested entitlement, prior to the dates of expiration.
Task 6—Phase 1—Contractor Engagement Services
It is anticipated that this project will be contracted and constructed by Construction Manager at Risk
(CMAR) delivery and contain one bid set consisting of technical specifications and plans for the
development of up to one (1)guaranteed maximum price (GMP) package. Kimley-Horn will perform
the following professional services for the contractor engagement services:
a) Coordinate with CMAR on preconstruction activities, including:
i. Review and provide comments to the Client on the CMAR pre-construction contract
ii. Meet with the CMAR during design as appropriate to evaluate design constructability
and GMP cost development. It is assumed there will be up to two (2) virtual CMAR
pre-construction meetings.
iii. Respond to CMAR alternative designs and constructability review comments
iv. Review and provide comments on pre-GMP costs and schedule.
V. Participate in evaluating materials proposed or suggested by the CMAR.
b) Coordinate with CMAR on GMP development, including:
i. Respond to up to two (2) bid addenda
ii. Review and provide comments to CMAR and Client on up to one (1) GMP
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Task 7—Phase I -Construction Phase Services
Consultant will provide the limited construction phase services specifically stated below:
a) Pre-Construction Conference: Consultant will conduct a Pre-Construction Conference prior to
commencement of Work at the Site.
b) Construction Site Visits: Consultant will make visits at intervals as directed by Client in order to
observe the progress of the Work. Such visits and observations by Consultant are not intended
to be exhaustive or to extend to every aspect of Contractor's work. Observations are to be limited
to spot checking, selective measurement, and similar methods of general observation. Based on
information obtained during such visits, Consultant will evaluate whether Contractor's work is
generally proceeding in accordance with the Contract Documents, and Consultant will keep Client
informed of the general progress of the Work.
i. Consultant shall not, during such visits or as a result of such observations, supervise,
direct, or have control over Contractor's work, nor shall Consultant have authority
over or responsibility for the means, methods, techniques, equipment choice and
usage, sequences, schedules, or procedures of construction selected by Contractor,
for safety precautions and programs incident to Contractor's work, nor for any failure
of Contractor to comply with applicable laws and regulations. Consultant neither
guarantees the performance of any Contractor nor assumes responsibility for any
Contractor's failure to furnish and perform its work in accordance with the Contract
Documents.
ii. Recommendations with Respect to Defective Work. Consultant will recommend to
Client that Contractor's work be disapproved and rejected while it is in progress if, on
the basis of such observations, Consultant believes that such work will not produce a
completed Project that conforms generally to Contract Documents.
c) Monthly Project Meetings: The construction meetings shall be with the consultant, selected
contractor, owner's representative, and program manager. The consultant shall prepare an
agenda and distribute meeting minutes to all attendees. This assumes virtual and in person
meetings.
d) Clarifications and Interpretations: Consultant will respond to reasonable and appropriate
Contractor requests for information and issue necessary clarifications and interpretations of the
Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Any
orders authorizing variations from the Contract Documents will be made by Client.
e) Change Orders: Consultant may recommend Change Orders to Client and will review and make
recommendations related to Change Orders submitted or proposed by the Contractor. This scope
of services assumes up to three (3) change order evaluations.
f) Submittals: Consultant will review and approve or take other appropriate action in respect to
Shop Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents. Such review and approvals
or other action will not extend to means, methods, techniques, equipment choice and usage,
sequences, schedules, or procedures of construction or to related safety precautions and
programs.
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g) Substitutes and "or-equal": Evaluate and determine the acceptability of substitute or"or-equal"
materials and equipment proposed by Contractor in accordance with the Contract Documents,
but subject to the provisions of applicable standards of state or local government entities. The
Substitutes must be in compliance with the plans and specifications. If they are not within the
current approved plan set, then additional services will be considered.
h) Inspections and Tests. Consultant may require special inspections or tests of Contractor's work
as Consultant deems appropriate and may receive and review certificates of inspections within
Consultant's area of responsibility or of tests and approvals required by laws and regulations or
the Contract Documents. Consultant's review of such certificates will be for the purpose of
determining that the results certified indicate compliance with the Contract Documents and will
not constitute an independent evaluation that the content or procedures of such inspections,
tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be
entitled to rely on the results of such tests and the facts being certified. City of Round Rock shall
provide full inspection services. The Consultant can request inspection at their discretion.
i) Disagreements between Client and Contractor: Consultant will, if requested by Client, render
written decision on all claims of Client and Contractor relating to the acceptability of Contractor's
work or the interpretation of the requirements of the Contract Documents pertaining to the
progress of Contractor's work. In rendering such decisions, Consultant shall be fair and not show
partiality to Client or Contractor and shall not be liable in connection with any decision rendered in
good faith in such capacity.
j) Substantial Completion: Consultant will, promptly after notice from Contractor that it considers
the entire Work ready for its intended use, in company with Client and Contractor, conduct a site
visit to determine if the Work is substantially complete. Work will be considered substantially
complete following satisfactory completion of all items with the exception of those identified on a
final punch list. If after considering any objections of Client, Consultant considers the Work
substantially complete, Consultant will notify Client and Contractor.
k) Final Completion: Consultant will conduct a final site visit to determine if the completed Work of
Contractor is generally in accordance with the Contract Documents and the final punch list so that
Consultant may recommend, in writing, final payment to Contractor. Accompanying the
recommendation for final payment, Consultant shall also provide a notice that the Work is
generally in accordance with the Contract Documents to the best of Consultant's knowledge,
information, and belief based on the extent of its services and based upon information provided to
Consultant upon which it is entitled to rely.
1) Record Drawings: Consultant will prepare a set of record drawings based on the contractors
redlines in the field. Record drawings will be delivered in PDF and AutoCAD format.
Task Deliverables:
- Review of up to ten (10) shop drawings and submittals up to two (2)times.
- Prepare up to two(2) site visit//observations notes
- Attend and distribute meeting minutes for up to six (6)monthly meetings (assume 2 in person
meetings and 4 virtual meetings)
- Prepare responses for up to five (5) RFIs
- Prepare responses for up to two (2) Change Orders
- Substantial Completion Walk-Through and checklist
10814Road,Avallon IV, Suite 200,
Ki m ey>>>H o r n 7 of 8 Pages
- Final Completion and Concurrence Letter
- Record Drawings
Task 8—Subconsultants
a) Survey-Kimley-Horn has brought Inland Geodetics to provide topography services for the
project. Their scope is attached to this document.
b) SUE - Kimley-Horn has brought The Rio Group to provide SUE services for the project. Their
scope is attached to this document.
c) Geotechnical - Kimley-Horn has brought UES Professional Solutions 45, LLC to provide
geotechnical services for the project. Their scope for the Bridge relocation is attached to this
document.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include, but are not
limited to, the following:
A) Franchise Utility Design is not included in this proposal.
B) This proposal does not include easement acquisition services or landowner meetings (not
anticipated for this project.)
C) Unavoidable relocation design and construction for utility, water, wastewater, storm sewer, or
other underground structure or pipeline that would conflict with this design is not included.
D) Environmental and cultural resources services.
E) Providing project representative services, on-site inspection, during the construction phase of
the project.
F) Preparing or submitting CZP or WPAP for TCEQ permitting.
G) Design services for any utilities relocations that could be required.
H) Obtaining right of entry.
1) Easement acquisition services.
J) Design of the wastewater improvements via any other method besides pipe bursting.
K) Hydraulic modeling of the system.
L) Any services not listed in the Scope of Services.
M) Meetings with CMAR that exceeds the number of meetings summarized in the scope of services.
(this space is intentionally blank)
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Ki m ey>>>H o r n 8 of 8 Pages
Fee and Expenses
Kimley-Horn will perform the services in Tasks 1 -8 on a labor fee plus expense basis with the maximum
fee shown below.
Task Original Fee Supplemental No. 1 Updated Total
1 Design Management& Data $6,230.00 $25,000.00 $31,230.00
2A Preliminary Engineering -Phase 1 $26,530.00 $0.00 $26,530.00
2B Preliminary Engineering -Phase II $11,930.00 $0.00 $11,930.00
3 Phase I -60% Design Phase $0.00 $48,290.00 $48,290.00
4 Phase I-90%& Final Design Phase $0.00 $46,000.00 $46,000.00
5 Permitting $0.00 $17,600.00 $17,600.00
6 Phase I -Contractor Engagement $0.00 $20,000.00 $20,000.00
Services
7 Construction Phase Services $0.00 $35,000.00 $35,000.00
8 Subconsultants (Phase I& 11) $0.00 $72,000.00 $72,000.00
Expenses $0.00 $2,110.00 $2,110.00
Total $44,690.00 $266,000.00 $310,690.00
Supplemental No. 1 $266,000.00
Maximum Fee $310,690.00
10814Road,Avallon IV, Suite 200,
ADDENDUM TO EXHIBIT C
Work Schedule
Attached Behind This Page
Chandler Creek 4 - Wastewater Upsizing (Phase 1)
ID Tait Name Duration start Finish Predecessors Heli L 2025 HaH 2,2025 Half 1,202
_ _ _ F M D
1 Notice to Proceed 1 day Thu 1/2/25 Thu 1/2/25
2 Chandler Creek 4-Wastewater Upsizing 230 days? Thu 1/2/25 Wed 11/19/25
3 Task 3-Design Phase-60% 50 days Fri 1/3/25 Thu 3/13/25
4 Subconsultants Coordination 4 wks Fri 1/3/25 Thu 1/30/25 1
5 Milestone Submittal 60% 4 wks Fri 1/31/25 Thu 2/27/25 4
6 CoRR Review 2 wks Fri 2/28/25 Thu 3/13/25 5
7 Task 4-Design Phase-90%&Final 35 days Fri 3/14/25 Thu 5/1/25
8 Milestone Submittal 90% 3 wks Fri 3/14/25 Thu 4/3/25 6
9 CoRR Review 2 wks Fri 4/4/25 Thu 4/17/25 8
10 Milestone Submittal Final 2 wks Fri 4/18/25 Thu 5/1/25 9
11 Task 5-Permitting 60 days Fri 2/28/25 Thu 5/22/25
12 UBCWCID(if needed) 60 days Fri 2/28/25 Thu 5/22/25 5
13 TCEQ(if needed) 30 days Fri 2/28/25 Thu 4/10/25 5
14 Task 6-Contractor Engagement Services 20 days Fri 4/4/25 Thu s/1/25
15 Bid Phase(Bid opening thru Bid Award)4 wks Fri 4/4/25 Thu 5/1/25 8
16 Task 7-Construction Phase Sevrices 100 days Fri 5/2/25 Thu 9/18/25
17 Construction 5 mons Fri 5/2/25 Thu 9/18/25 15
II
Task Inactive Task Manual Summary Rollup External Milestone ♦ Manual Progress
Split ....„„..,, Inactive Milestone Manual Summary r..........1 Deadline a
Date:Tue 11/19/24 Milestone ♦ Inactive Summary 0 Start-only C Critical
Summary Manual Task Finish-only 7 Critical Split
Project Summary 1 '---"" 1 Duration-only External Tasks Progress
Page 1
ADDENDUM TO EXHIBIT D
Fee Schedule
Attached Behind This Page
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