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R-04-07-08-9F2 - 7/8/2004RESOLUTION NO. R -04-07-08-9F2 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with S.D. Kallman, L.P. for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, S.D. Kallman, L.P. has submitted Supplemental Agreement No. 4 to the Agreement to extend the contract date, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 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 Agreement No. 4 to the Agreement with S.D. Kallman, L.P., a copy of said agreement being attached hereto Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice as 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 8th day of July, 2004. WE L, Mayor f Round Rock, Texas Cit ATT ST:, CHRISTINE R. MARTINEZ, City Sec :MPFDesktop\:: UDMA/WORLDOX/O: /WDOX/RESOLUTI/R40708F2.WPD/So tary STATE OF TEXAS COUNTY OF WILLIAMSON § § § SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: S. D. KALLMAN, L.P. ("Engineer") ADDRESS: 1106 S. Mays, Ste. 100, Round Rock, TX 78664 PROJECT: WESTINGHOUSE WASTEWATER INTERCEPTOR This Supplemental Agreement No. 4 to Agreement 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 an Agreement for Engineering Services, hereinafter called the "Agreement", on the 25th of January, 2001 for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, on December 20, 2001, City and Engineer executed Supplemental Agreement No. 1 to (1) extend the contract period to December 31, 2002, (2) change the scope of services and work schedule, and (3) increase the lump sum fee by $10,000.00 for a total of $135,500.00; and WHEREAS, on December 19, 2002, City and Engineer executed Supplemental Agreement No. 2 to (1) extend the contract period to December 1, 2003, (2) change the scope of services and work schedule, and (3) increase the lump sum fee by $14,205.00, for a total of $149,705.00, and WHEREAS, on May 8, 2003, City and Engineer executed Supplemental Agreement No. 3 to (1) extend the contract period to July 1, 2004, (2) change the scope of services , and (3) increase the lump sum fee by $25,500.00 for a total of $175,205.00, and WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2, Scope Of Services To Be Performed By Engineer to reflect a revised Work Schedule which is attached hereto as Addendum to Attachment C, Work Schedule. II. Article 3, Contract Term, shall be amended as set forth below: Supplemental Agreement 68597 Page 1 of 3 EXHIBIT II A It Rev.03/02/04 188 1460 PROPOSED 36" WATER LINE 112 113 N W E NOT TO SCALE EAST WATER TRANSMISSION S LINE - PHASE II '� S:\Graphim\CouncilAgeridaltems\Engine hrig\2004\Water Utility\EAST_WATER_TRANSM_IINEIE_TRNSMISSION IINE.mxd DATE: July 2, 2004 SUBJECT: City Council Meeting - July 8, 2004 ITEM: *9.F.2. Consider a resolution authorizing the Mayor to execute Supplemental Agreement No. 4 to the Agreement for Engineering Services with S.D. Kallman, L.P. for the Westinghouse Wastewater Interceptor Project. Department: Water/Wastewater Utility Department Staff Person: Tom Clark, Director of Utilities Justification: This resolution is required to extend the contract time. The current contract termination date is July 1, 2004. Due to delays in acquiring easements from Georgetown Railroad and Texas Crushed Stone, S.D. Kallman, L.P. will not be able to meet the July 1, 2004 completion date. Therefore, with this resolution the contract termination date will be extended to December 1, 2005. Funding: Cost: N/A Source of funds: N/A Outside Resources: S. D. Kallman, L.P. Background Information: This project consists of the design of approximately 8,500 linear feet of wastewater main from 15 -inches to 30 -inches in diameter and serving approximately 4,000 acres. This Interceptor will run from the City's Water Treatment Plant connecting to an existing 36 -inch wastewater interceptor (constructed in 1985) located approximately 1000 feet east of IH 35 and 5000 feet south of Chandler Road. Public Comment: N/A Executed Document Follows STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: S. D. KALLMAN, L.P. ("Engineer") ADDRESS: 1106 S. Mays, Ste. 100, Round Rock, TX 78664 PROJECT: WESTINGHOUSE WASTEWATER INTERCEPTOR This Supplemental Agreement No. 4 to Agreement 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 an Agreement for Engineering Services, hereinafter called the "Agreement", on the 25th of January, 2001 for the design of the Westinghouse Wastewater Interceptor, and WHEREAS, on December 20, 2001, City and Engineer executed Supplemental Agreement No. 1 to (1) extend the contract period to December 31, 2002, (2) change the scope of services and work schedule, and (3) increase the lump sum fee by $10,000.00 for a total of $135,500.00; and WHEREAS, on December 19, 2002, City and Engineer executed Supplemental Agreement No. 2 to (1) extend the contract period to December 1, 2003, (2) change the scope of services and work schedule, and (3) increase the lump sum fee by $14,205.00, for a total of $149,705.00, and WHEREAS, on May 8, 2003, City and Engineer executed Supplemental Agreement No. 3 to (1) extend the contract period to July 1, 2004, (2) change the scope of services , and (3) increase the lump sum fee by $25,500.00 for a total of $175,205.00, and WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term; NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: I. Article 2, Scope Of Services To Be Performed By Engineer to reflect a revised Work Schedule which is attached hereto as Addendum to Attachment C, Work Schedule. II. Article 3, Contract Term, shall be amended as set forth below: Supplemental Agreement 68597 2-dy- 07-08- 9F�. Page 1 of 3 Rev.03/02/04 (1) Term. The Engineer is expected to complete the work in accordance with the above described Work Schedule. If Engineer does not perform the work in accordance with the Work Schedule, then City shall have the right to terminate this Agreement as set forth below in Article 18. So long as the City elects not to terminate this Agreement, it shall continue from day to day until such time as the work is completed. Any work performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the work will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of the work required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all work required under this Agreement in a professional manner. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. S. D. KALLMA , LP. By:5 '( 5-f--eUe, b. f)m , ,ie. Z..5 . Jt,&ne... a2, .2061./ Date CITY OF R By: ND O 47 Nyle ax , Mayor Jcr�.y S, aoD4 Date Supplemental Agreement Page 2 of 3 Rev.03/02/04 ADDENDUM TO ATTACHMENT C WORK SCHEDULE (REVISED 6-11-04) The changes to the work schedule for this project are as follows: Date Milestone January 31, 2003 TxDOT Bore Permit for F.M. 1431 Approved July 10, 2003 Submittals for Plans, Speci fications and SCS and WPAP Applications Approved by Public Works Department July 17, 2003 SCS and WPAP Applicati ons Submittal to TCEQ Q (allow 90 days for review and approval October 17, 2003 SCS and WPAP Applicati ons Approved by TCEQ; Wastewater Line Easement Acquisition Complete January 1, 2005 Public Notice Advertising Bids January 15, 2005 Bids Received at City Hall January 22, 2005 City Awards Contract February 5, 2005 Contractor Returns Contract Documents with Signature, Bonds, and Certificate of Insurance, Notice of Intent (NOI) Submitted to EPA February 12, 2005 City Signs Contract Documents; City and Engineer Hold Pre - Construction Conference and Issues Notice to Proceed. February 19, 2005 Begin Construction July 19, 2005 Construction Complete (5 Months) July 26, 2005 City and Engineer Prepare Final Punch List August 1, 2005 Final Project Acceptance --Facility in Service Supplemental Agreement Page 3 of 3 Rev.03/02/04