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CM-07-08-194STATE OF TEXAS COUNTY OF WILLIAMSON § § § SUPPLEMENTAL CONTRACT NO. 5 TO CONTRACT FOR ENGINEERING SERVICES FIRM: Espey Consultants, Inc. ("Engineer") ADDRESS: 3809 South 2°d Street, Suite B 300, Austin, TX 78704 PROJECT: South Creek Channel Improvements 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 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. 2 on August 11, 2006, to modify the provisions for the scope of services and to increase the compensation by $11,135.00 to a total of $31,851.00, and WHEREAS, the City and Engineer executed Supplemental Contract No. 3 on August 11, 2006, to modify the provisions for the scope of services and to increase the compensation by $28,071.00 to a total of $59,922.00, and WHEREAS, the City and Engineer executed Supplemental Contract No. 4 on February 23, 2007, 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 WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $15,075.00 to a total of $99,899.00, and NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: Supplemental Contract #5 Rev.07/06/06 DR39SCIMP 84275 119154 —0199.0039 1 o___w-®I-ow- (9 if I. 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. II. Article 4, Compensation and Exhibit D, Fee Schedule shall be amended by increasing by $15,075.00 the lump sum amount payable under the Contract for a total of $99,899.00, 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. By: �� _' r^--- z� w. U n, l:. /Yl ANigci EpJ& i Date By: Date CITY OF ROUND ROCK By: Maxwell, Mayor Date Supplemental Contract #5 DR39SCIMP 119154-0199.0039 2 APPR 1 '' ED 2S T FORM: di I Steph . I' L. Sheets, City Attorney Rev.07/06/06 84275 ADDENDUM TO EXHIBIT B Engineer Services Under Supplemental Agreement # 5, Espey Consultants, Inc. (EC) will continue to provide the construction phase services outlined in Supplemental Agreement #4: Task 1 (1.1, 1.3, 1.4, & 1.5), Task 2 (2.3 & 2.4), Task 3, Task 4 (4.1 & 4.2), Task 5, and Task 6. These services will be provided for the remainder of the project, currently 163 days past the Contract's Substantial Completion date. The remaining work is estimated to be complete within 8 weeks. As per Supplemental Agreement # 4, Espey Consultants, Inc. is also still required to complete Task # 7, the U.S. Army Corps of Engineers (USACE) Permit Management, which is required to be submitted to USACE no later than October 1, 2007. ADDENDUM TO EXHIBIT C Work Schedule Construction phase services will continue to be provided until completion of the project. At this time, the Contractor is approximately 163 days past the Substantial Completion date. We anticipate the remaining work to be Substantially Complete within 8 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 $15,075, which includes an estimated $300 for expenses. The total estimated fee for construction phase services, including this addendum, is $68,048. I LABOR COST DETAIL Man -Hour Estimate by Labor Classification Project Project Task Description Principal Manager Engineer Technician Admin 1 Project Management and 12 20 4 Construction Administration 2 Meetings and Site Visits 16 32 3 Submittals and Shop Drawings 4 4 4 Requests for Information and 4 20 8 4 Change Orders 5 Contract Closeout 8 8 2 6 Record Documents 4 7 USACE Permit Management subtotals: 0 44 88 8 10 average billing rate: $ 65.00 $ 42.00 $ 31.00 $ 21.00 $ 16.00 subtotal by labor classification: $ - $ 1,848 $ 2,728 $ 168 $ 160 II COST SUMMARY Labor: Espey Consultants Expenses (mileage, courier, reproduction, etc.): Espey Consultants (Cost +10%) Subconsultants: None Subtotals Time Cost (hrs) ($) 36 $ 1,188 48 $ 1,664 8 $ 292 36 $ 1,020 18 $ 616 4 $ 124 0 $ - 150 $ 4,904 Labor: $ 4,904 Direct Labor Overhead Rate (Fringe Benefit) 31% x Labor: $ 1,520 General and Administrative Overhead 138% x Labor: $ 6,768 Total Labor & Overhead: $ 13,192 Profit 12% x Total Labor: $ 1,583 Total EC Labor Cost: $ 14,775 $ 14,775 $ 300 TOTAL: $ 15,075 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: August 20, 2007 SUBJECT: City Manager Approval - August 24, 2007 ITEM: Action authorizing the City Manager to execute Supplemental Contract # 5 with Espey Consultants, Inc. for South Creek Channel Improvements. Department: Engineering & Developmental Services Staff Person: Danny Halden, P.E., City Engineer Justification: Supplemental Contract # 5 is for the additional Project Management Services to ensure proper and timely completion of the project. Funding: Cost: $15,075.00 Source of funds: 2002 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. Staff feels it would be prudent for the consultant to continue in the role of project management and mitigation specialist in the effort to keep the project on track. Under this agreement, the consultant will perform the following tasks: Task 1 - Items 1.3, 1.4, & 1.5; Task 2 - Items 2.3 & 2.4.; Task 3; Task 4 - Items 4.2 & 4.3; Task 5; and Task 6. Public Comment: NA Blue Sheet Format Updated 01/20/04