CM-07-02-024STATE OF TEXAS
COUNTY OF WILLIAMSON
SUPPLEMENTAL CONTRACT NO. 4
TO CONTRACT FOR ENGINEERING SERVICES
FIRM: Espey Consultants, Inc. ("Engineer")
ADDRESS: 3809 South 2nd Street, Suite B 300, Austin, TX 78704
PROJECT: South Creek Channel Improvements
This Supplemental Contract No. 3 to Contract for Engineering Services is made by and between
the City of Round Rock, Texas, hereinafter called the "City" and Espey Consultants, Inc.,
hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed a Contract for Engineering Services, hereinafter
called the "Contract", on the 10th day of September, 2004 for the South Creek Channel
Improvements Project in the amount of $12,754.00; and
WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on December 20,
2004, to modify the provisions for the scope of services and to increase the compensation by
$7,962.00 to a total of$20,716.00; and
WHEREAS, the City and Engineer executed Supplemental Contract No.
to modify the provisions for the scope of services and to increase
$11,135.00 to a total of $31,851.00, and
WHEREAS, the City and Engineer executed Supplemental Contract No.
to modify the provisions for the scope of services and to increase
$28,071.00 to a total of $59,922.00, and
2 on August 11, 2006,
the compensation by
3 on August 11, 2006,
the compensation by
WHEREAS, it has become necessary to amend the Contract to modify the provisions for the
scope of services and to increase the compensation by $24,902.00 to a total of $84,824.00, 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. Exhibit C, Work Schedule shall be amended as
set forth in the attached Addendum To Exhibit C.
Supplemental Contract #4
DR39SCIMP
119
eat- c -t- -L94
1
Rev.07/06/06
84275
II.
Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by
$24,902.00 the lump sum amount payable under the Contract for a total of $84,824.00, as shown
by the attached Addendum to Exhibit D.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Contract in duplicate.
ESPEY CONSULTANTS, INC.
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Date
By:
Date
CITY OF ROUND ROCK
By:
Tames R rause, P. g.
city Mangier
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Date
Supplemental Contract #4
DR39SCIMP
111108-01990039
2
APPR 1 EDA TO ORM:
I
tee_ moi, J
Step n L. Sheets, City Attorney
Rev.07/06/06
84275
ADDENDUM TO EXHIBIT B
Engineering Services
The changes to the scope of this project are as follows:
Espey Consultants, Inc. (EC) will continue to provide the construction phase services outlined in
Supplemental Agreement 113, and reiterated below, including Task 1 (1.1, 1.2 & 1.3), Task 2 (2.1
& 2.3), Task 3, Task 4 (4.1 & 4.2), Task 5 (5.1 & 5.2), and Task 6. In addition, EC will act as
the City's Project Manager from this date forward and provide more extensive construction
phase services. These additional services will be provided for the remainder of the original
construction contract length (approximately 20 calendar days) and the additional time required to
complete construction (estimated to be 60 calendar days).
1. Project Management and Construction Administration — EC shall be the managing
representative of the design team and directly coordinate with the City and Contractor. EC
shall also internally manage the subconsultants and provide a single point of contact for the
City. EC will provide copies of the plans and project manual as requested by the City.
1.1. Monthly Invoicing — EC will spend approximately 2 hours per month preparing
invoices.
1.2. Subconsultant Management — EC will actively coordinate with the subconsultants to
maintain communication, including reviewing monthly invoices.
1.3. Contractor Pay Applications — EC will review Contractor's monthly pay applications
and quantities of work performed based upon periodic site visits and City of Round
Rock inspection reports. EC will sign the pay application and forward to the City
within a timely manner, but no more frequently than monthly.
1.4. EC will act as the City's Project Manager, coordinating with the City Inspector,
administrative staff, and Contractor on behalf of the City.
1.5. In addition to item 1.3, EC will assist City staff in processing Contractor's monthly
pay applications, including completing and submitting Council "Request for Action"
packages.
1.6. EC will attend City Council meetings as required and assist the City Engineer in
addressing questions pertaining to the project.
2. Meetings and Site Visits — EC and its subconsultants will attend meetings and perform site
visits as described and requested by the City. EC will provide their effort to the limits of the
time estimated for this task. Pickett, Kelm & Associates, Inc. (PKA) will perform periodic
site visits to observe the box culvert adjustment at Logan Drive
2.1. Pre -Construction Conference — EC shall attend the preconstruction meeting at the
time and location provided by the City. (Completed)
2.2. Project Progress Meetings EC will attend up to six (6) project progress meetings at
meeting minutes. EC will not prepare an agenda or othcrwise chair the conference.
Replaced with Task 2.4.
2.3. Periodic Site Visits — EC will perform periodic site visits, approximately 4 hours in
duration, to observe construction activities, document progress of work, and to
determine, in general, if the work is proceeding in accordance with the contract
documents. Time is based upon performing 8 site visits.
2.4. Project Progress Meetings — EC will attend and conduct weekly progress meetings for
the remainder of the construction in an effort to coordinate construction activities
with the City and Contractor. EC will prepare and review meeting agendas and
minutes prior to each meeting with assistance from City administrative staff.
3. Submittals and Shop Drawings — EC shall review contractor submittals, product data, shop
drawings, schedules, etc. to check conformance with the contract documents. EC will
distribute reviews and actions in a timely manner assuming the Contractor will present
submittals to allow a reasonable review and response time prior to implementation. Time
proposed for this task is estimated; actual time spent reviewing submittals depends on the
accuracy and completeness of the submittal. EC will coordinate with PKA on structural
submittals.
4. Requests for Information and Change Orders — EC and PKA will provide support to City
staff and Contractor during construction.
4.1. RFI/RFC — EC shall respond in writing to contractor's formal requests for
information or requests for clarification and as directed by the City. EC will
coordinate with PKA as necessary.
4.2. Change Orders — EC shall review contractor's requests for and evaluate possible
claims for additional compensation. At the direction of the City, EC will prepare
change orders for the City's approval and execution.
4.3. Coordinate with the City in preparing "Blue Sheets" and "Request for Action" sheets
for Council agenda items pertaining to change orders.
5. Contract Closeout — EC shall assist the City in contract closeout including final punch list
assistance and final certification. EC shall coordinate with the City of Round Rock in an
effort to close out the project, including certifying that the project is in compliance with the
contract documents.
5.1. Final Punch List — After receipt from the Contractor that the work is complete, EC
shall conduct an on-site review and assist the City Inspector and/or Engineer in
preparing a "Final Punch List." Once corrections have been completed, EC will
conduct a final inspection with the City to witness the project's completeness.
5.2. Final Certification — Subsequent to the final inspection, EC will certify that the
project is in compliance with the contract documents and sign the final pay
application.
5.3. Closeout — EC will assist in preparation and review of the final pay application,
prepare a final change order for actual quantities, and prepare "Blue Sheets" and
"Request for Action" sheets for Council Agenda items pertaining to the final change
order. EC will acquire the "Consent of Surety" and "Affidavit of All Bills Paid"
forms.
6. Record Documents — EC will assist in preparing record drawings using information provided
by the Contractor and City Inspector, incorporating all field directives and change orders.
One set of sealed and signed record documents will be submitted to the City. All dimensions
and calculations shall be in English units.
7. U.S. Army Corps of Engineers Permit Management — USACE Permit Number 200200684
— Dry Branch Tributary Channel Improvements including Stream Channel Mitigation and
Riparian Woodland Plantings (Permit Term: January 9, 2006 to December 31, 2010). Per the
Special Conditions of the permit, the City (the Permittee) is required to designate a
responsible party to coordinate with the USACE concerning on-site inspections and
compliance with permit conditions. That person will be provided by EC, and will be the
contact person regarding USACE issues as well as providing USACE schedule updates of the
project. The City is also required to provide a qualified mitigation specialist for this project.
The City has been using a combination of people to ensure that the mitigation requirements
are met. The team includes Virgil Schweitzer, City Inspector; Emsud Horosovic, City
Arborist; and the mitigation specialist, which will now be provided by EC. This group will
work closely together during this project to ensure that it will be constructed to the
satisfaction of the USACE and the City.
7.1. The designated mitigation specialist provided by EC will attend weekly construction
progress meetings.
7.2. The specialist will oversee riparian woodland planting operations for the entire
permitted area, including the portion of the channel constructed by D.R. Horton. It is
assumed one contractor will provide all of the plantings.
7.3. EC will prepare and submit an annual report. The annual report will document the
status of the project, the condition of the trees, and any issues relevant to the permit
that arose during the year and how they were resolved. EC will provide the first
report, subsequent annual reports will be provided by City of Round Rock staff.
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the Work Schedule for this project are as follows:
Construction phase services will continue to be provided until completion of the project. At this
time construction is anticipated to conclude in approximately 10 weeks. If the construction
extends beyond the anticipated construction time, then additional fees may be requested.
ADDENDUM TO EXHIBIT D
Fee Schedule
The changes to the fee schedule for this project are as follows:
The estimated fee for additional construction phase services is $24,902, which includes an estimated $800 for
expenses. The total estimated fee for construction phase services, including this addendum, is $52,973.
I LABOR COST DETAIL
Man -Hour Estimate by Labor Classification
Project Project
Task Description Principal Manager Engineer
1 Project Management and 16 24
Construction Administration
2 Meetings and Site Visits 16 40
3 Submittals and Shop Drawings 4 8
4 Requests for Information and 16 40 8
Change Orders
5 Contract Closeout 8 8
6 Record Documents
7 USACE Permit Management
subtotals: 0
average billing rate: $ 65.00
subtotal by lab or classification: $
Technician Admin
8
II COST SUMMARY
Labor:
Espcy Consultants
Expenses (mileage, courier, reproduction, etc.):
Espcy Consultants (Cost +10%)
Subconsultants:
None
8
68
$ 42.00
$ 2,856
24
144
$ 31.00
$ 4,464
Subtotals
Time Cost
(us) ($)
48 $ 1,544
8 64 $
2 14 $
8 72 $
2 18 $
0 $
4 36 $
8 32 252 $
$ 21.00 $ 16.00
$ 168 $ 512
2,040
448
2,208
616
1,144
8,000
Labor: $ 8,000
Direct Labor Overhead Rate (Fringe Benefit) 31%x Labor: $ 2,480
General and Administrative Overhead 138%x Labor: $ 11,040
Total Labor & Overhead: $ 21,520
Profit 12%x Total Labor: $ 2,582
Total EC Labor Cost: $ 24,102
$ 24,102
$ 800
TOTAL: $ 24,902
Labor rates shown are an average for our staff within each labor category. Time will be billed using actual labor
rates up to the amounts shown on a time & materials, with a not -to -exceed, basis. The amount shown for expenses
is a budget amount only. Actual expenses will be billed on a cost plus 10% basis.
DATE: February 16, 2007
SUBJECT: City Manager - February 23, 2007
ITEM: Action authorizing the City Manager to execute Supplemental
Contract # 4 with Espey Consultants, Inc. for South Creek
Channel Improvements.
Department: Engineering & Developmental Services
Staff Person: Danny Halden, City Engineer
Justification:
This Supplemental Contract is for the additional Project Management Services to
ensure proper and timely completion of the project.
Funding:
Cost: $24,902.00
Source of funds: 2001 G. 0. Bond
Outside Resources: Espey Consultants, Inc.
Background Information:
Dry Branch Tributary No. 1 channel traversing through South Creek subdivision is
difficult to maintain and is critical for carrying flood waters safely through the
subdivision. This same channel is experiencing stabilization problems near its
intersection with Gattis School Road. Also, there have been flooding problems in the
Greenslopes Subdivision just west of Dry Branch Tributary No. 1 near the northern
intersection of Greenlawn Blvd. and Parkside Circle. Construction of this project is
currently progressing.
Because of the recent employee vacancies in the Engineering and Developmental
Services Department and because the project was under management of said
employees, staff feels it would be prudent for the consultant to provide more of a
project management role in an effort to keep the project on track.
Public Comment: NA
Blue Sheet Format
Updated 01/20/04