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R-07-03-22-10F1 - 3/22/2007 RESOLUTION NO. R-07-03-22-10171 WHEREAS, the City of Round Rock has previously entered into an Agreement for Engineering Services ("Agreement") with Chiang, Patel & Yerby, Inc. for the preparation of schematics, environmental documents, plans specifications, and estimates (PS&E) for the reconstruction of Kiphen Road from the old MKT Railroad Right of Way to CR 122 (Kiphen Road Phase II Project) , and WHEREAS, Chiang, Patel & Yerby, Inc. has submitted Supplemental Agreement No. 4 to the Agreement for a change in the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Agreement No. 4 with Chiang, Patel & Yerby, Inc. , 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 Chiang, Patel & Yerby, Inc . , a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice 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 22nd day of March, !71Z4'1�1-10 W LL, Mayor City of Round Rock, Texas MI't : • . CHRISTINE R. MARTINEZ, City S retary 0:\Wdox\RESOLUTZ\R70322F1.WPD/rmc STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Chiang, Patel&Yerby Inc. ("Engineer") ADDRESS: 11149 Research Boulevard, Suite 330, Austin, TX 78759 PROJECT: Kiphen Road from the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) 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 Chiang, Patel&Yerby Inc.,hereinafter called the"Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement". on the 26th day of September, 2002 for Kiphen Road from the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) for the sum of $842,309.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on July 10, 2003 to amend the scope of services and to increase the compensation by $51,582.00 to a total of $893,891.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on May 26, 2005 to extend the Agreement and to modify the provision for notices to proceed; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on November 22, 2005 to amend the scope of services and to increase the compensation by$122,157.00 to a total of$1,016,048.00;and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $105,159.00 to a total of$1,121,207.00; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: Supplemental Agreement No.4 Rev.03/02/04 Chiang-kiphend2;TX02CR113;111982 64836 i EXHIBIT "An I. Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be Performed By Engineer 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 $105,159.00 the lump sum amount payable under the Agreement for a total of$1,121,207.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. CHIANG, PATEL &YERBY INC. By: 11 Vice 01 0 Date CITY OF ROUND ROCK APPROVED AS TO FORM: By: Nyle Maxwell, Mayor Stephan L. Sheets, City Attorney Date Supplemental Agreement No.4 Rev.03/02/04 Chiang-kiphend2;TX02CR113;111982 64836 2 ADDENDUM TO EXHIBIT B Services to be Provided by the Engineer The changes to the scope of this project are as follows: The Engineer shall provide the necessary engineering and technical services required for the revisions of the preparation of plans, specifications and estimates (PS&E). The requested revisions are contained in two separate PS&E packages as outlined below. 1. Revisions to Kiphen Road Phase I—Construction of Kiphen Road Phase I is wholly contained within the Texas Department of Transportation's(TxDOT's)construction plans for FM 1460(CSJ No. 2211-02-013). The original intent of Kiphen Road Phase I was to realign the intersection of Old Settler's Boulevard at FM 1460 to meet up with proposed Double Creek Drive to the east. This supplemental agreement includes revisions to the realigned Kiphen Road Phase I project,which includes the relocation of the Kiphen Circle intersection, two driveway relocations, two driveway additions, median changes, illumination modifications, and right-of-way services. Right-of-way services will be performed, including data research, acquisition and coordination, right-of-way surveying, and right-of-way document preparation. These revisions will require changes to the 95%construction documents submitted to TxDOT. In addition, revisions will be required at the western limits of construction for the proposed Kiphen Road Phase H. 2. Revisions to Kiphen Road Phase II-These revisions, associated with the above Kiphen Phase I revisions, are to relocate one driveway,add one driveway,modify the illumination,and modify the center median at the western limits of construction on Kiphen Road Phase II. These revisions will require changes to the signed, sealed construction documents submitted to the City. Right-of-way services will be performed, including data research,acquisition and coordination, right-of-way surveying, and right-of-way document preparation. This supplemental agreement also includes revisions to the drainage plans recently completed Drainage Systems B&C were modified as an alternative to relocating the existing high pressure gas line near Station 79+00. System B storm sewer was reduced by about 260 feet and associated drainage structures were relocated at the upstream end The corresponding runoff was redirected to System C. System C was upsized, extended, and reconfigured to handle the additional drainage and continues to outfall at the designated culvert. System D was modified to reincorporate a section reinforced concrete pipe that was removed from the original plan set as a cost saving measure. However,part of System D has already been reconstructed so the original design has been reintegrated into the plan set. In addition, construction phase services for Kiphen Road Phase II have been extended due to construction delays caused by utility conflicts. Currently,the project has been extended 12 months beyond the initial 15 month schedule. The construction phase services included in the original contract will be continued for an additional 12 months as applicable. These additional services are described in the TASK OUTLINE shown below. TASK OUTLINE The Engineer will revise and/or add construction plans in the following items to accommodate the inclusion of the extended project limits: I. RIGHT-OF-WAY SERVICES(Function Code 130) A. Right-of-Way Services for Kiphen Road Phase I L Acquire ROW information,research ROW information and coordinate parcel plats and metes and bounds. 2. Field surveying to collect boundary markers and place ROW markers are property comers. 3. Prepare parcel plats,metes and bounds descriptions for one(1)acquisition parcel,six(6)easements and two(2)parcel revisions. 4. Coordinate with subconsultant. B. Right-of-Way Services for Kiphen Road Phase II 1. Acquire ROW information,research ROW information and coordinate parcel plats and metes and bounds. 2. Field surveying to collect boundary markers and place ROW makers are property comers. 3. Coordinate with subconsultant. II. ROADWAY DESIGN CONTROLS(Function Code 160) A. Revisions to Kiphen Road Phase I 1. Project layout—revisions to existing sheet to realign Kiphen Circle and modify Kiphen Rd. 2. Typical sections—revisions to existing sheet to modify median locations from FM 1460 to Kiphen Road Phase H. 3. Horizontal alignment data sheet—revise Kiphen Circle horizontal alignment. 4. Roadway plan and profiles—revisions to Kiphen Road and Kiphen Circle to modify alignments,add and modify driveways,modify medians and intersections. 5. Intersection layouts—revisions to intersections at Kiphen Road and Kiphen Circle. 6. Miscellaneous Roadway Details—revise driveway and median details sheets. B. Revisions to Kiphen Road Phase II 1. Project title sheet—update revision block and obtain signature for approval. 2. Project layout—revise existing sheets to add new driveway,modify existing driveway,and modify median. 3. Roadway plan and profiles—revise existing sheets to add new driveway,modify existing driveway, and modify median. 4. Intersection layouts—revisions to intersection at Kiphen Road and Kiphen Circle. 5. Median details—revisions to median location and median information. 6. Driveway details—revisions to driveway locations and driveway information. III. DRAINAGE(Function Code 161) A. Revisions to Kiphen Road Phase I 1. External drainage areamaps—analyze and revise sheets to reflect the redesign to of Kiphen Road, Kiphen Circle,and driveway locations. 2. Interior drainage area maps—analyze and revise sheets to reflect the redesign to of Kiphen Road, Kiphen Circle,and driveway locations. 3. Hydraulic data sheet—revise proposed curb inlets,area inlets and storm sewers to reflect the redesign ofKiphen Road,Kiphen Circle and driveway locations. 4. SW31?—revise sheets to reflect the redesign to of Kiphen Road,Kiphen Circle,and driveway locations. 5. Drainage plan and profiles—revise existing sheets for system 3 to indicate new locations of inlets,new locations of storm sewer pipes and revise storm sewer profiles to indicate changes elevations and offsets;the revisions will reflect the realignment of Kiphen Road,Kiphen Circle and driveway locations. 6. Coordinate with subconsultant. B. Revisions to Kiphen Road Phase II 1. Drainage plan and profiles—revise sheets for new driveway locations and driveway culverts;new driveways will be located to avoid curb inlet 2000. 2. Hydraulic data system—update Systems B,C,and D to reflect revised drainage design to utilize alternative design at the high pressure gas line and to utilize constructed segment of System D. 3. Drainage plan and profile—revise sheets to reflect revised Systems B,C,and D designs to utilize alternative design at the high pressure gas line and to utilize constructed segment of System D. 4. Lateral profiles-revise sheets to reflect revised Systems B,C,and D designs to utilize alternative design at the high pressure gas line and to utilize constructed segment of SystemD. IV. SIGNING AND PAVEMENT MARKINGS(Function Code 162) A. Revisions to Kiphen Road Phase I 1. Signing,striping and delineation layouts—revise existing sheets to show new Kiphen Road and Kiphen Circle alignments,new and modified driveway locations,modified median,and modified intersection locations. V. MISCELLANEOUS ROADWAY(Function Code 163) A. Revisions to Kiphen Road Phase I 1. TCP construction narrative—revise for new traffic handling due to revised median openings. 2. Traffic control plans—revise existing sheets to show new Kiphen Road and Kiphen Circle alignments, new and modified driveway locations,modified median,and modified intersection locations. 3. Erosion Control Plan—revise sheets to reflect the redesign to ofKiphen Road,Kiphen Circle,and driveway locations; coordinate with subconsultant. 4. Quantities and summaries—quantities will be recalculated and summary sheets will be revised to reflect changes to Kiphen Road,Kiphen Circle, and driveway locations; coordinate with subconsultant. 5. Illumination Plans—Design and plan sheets for illumination along Kiphen Road within the limits described above will be revised to accommodate changes to the roadway plan view and storm sewer layouts. Voltage and luminance calculations will be rerun and analyzed to ensure redesign meets all specifications and requirements;coordinate with subconsultant. B. Revisions to Kiphen Road Phase II 1. Traffic control plans—revise existing sheets to add new driveway,modify existing driveway,and modify median. 2. Quantities and summaries—quantities will be recalculated and summary sheets will be revised to reflect driveway and median changes;coordinate with subconsultant. 3. Illumination plans-Design and plan sheets for illumination along Kiphen Road within the limits described above will be revised to accommodate changes to the roadway plan view and storm sewer layouts. Voltage and luminance calculations will be rerun and analyzed to ensure redesign meets all specifications and requirements;coordinate with subconsultant. VI. DESIGN VERIFICATION,CHANGES AND ALTERATIONS(Function Code 351) A. Construction Phase Services 1. The Engineer will continue Construction Phase Services as outlined in the original Agreement. Due to delays caused by existing utility conflicts,the project schedule has been extended for approximately (12)twelve months. The Engineer will continue Construction Phase Services for an additional(12) twelve months beyond the project's initial 15 month construction schedule. ADDENDUM TO EXHIBIT C Work Schedule The changes to the scope of this project are as follows: REVISED WORK SCHEDULE KIPHEN ROAD PHASE I Change OrderPlans Submittal February 27,2007 Change Order ROW Submittal February 27,2007 Construction Phase Services May,2007—April,2008 REVISED WORK SCHEDULE KIPHEN ROAD PHASE H Change Order Plans Submittal February 27,2007 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: For the services described under Attachment B, we request compensation on a lump sum basis. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours and costs are shown on the following pages. ESTIMATE OF COMPENSATION Direct Salary Cost(See attached summary) Project Manager 18 Hrs. @ $55.57= $ 1,000.26 Senior Engineer 40 Hrs. @ $42.83= $ 1,713.20 Design Engineer 481 Hrs. @ $35.89= $ 7,644.57 Engineer-in-Training/Tech. 204 Hrs. @ $27.78= $ 5,667.12 Clerical 0 Hrs. @ $17.36= $ 0.00 TOTAL DIRECT SALARY $ 25,643.67 SALARY RELATED COST(173.08%) $ 44.384.06 TOTAL LABOR COSTS $ 70,027.73 FEE(12%) $ 8,403 33 EXPENSES TOTAL EXPENSES $ 0.00 Subconsultant Expenses INLAND CIVIL ASSOCIATES $ 13,100.00 HUGGINS/SEILER&ASSOCIATES $ 2,889,60 RODRIGUEZ TRANSPORTATION GROUP $ 10,738.77 LUMP SUM AMOUNT PAYABLE $ 105159.00 PRO.,ECT NAME:Kiphen Road FEE SCHEDULE 3/5/2007PROVIDER NAME:Chiang,Patel Yerby EXHIBIT D - Supplemental Agreement#4 Kiphen Road - From MKT Railroad ROW to CR 122 City of Round Rock, Texas Task Description Total Cost RIGHT-OF-WAY SERVICES FC 130 $ 2,166.87 ROADWAY DESIGN CONTROLS FC 160 $ 13,004.32 DRAINAGE FC 161 $ 2,726.28 SIGNING AND PAVEMENT MARKINGS FC 162 $ 2,881.90 MISCELLANEOUS ROADWAY FC 163 $ 14,182.97 BID AND CONSTRUCTION SERVICES FC 351 $ 43,468.69 SUB-TOTAL LABOR EXPENSES $ 78,431.00 TOTAL LABOR COSTS $ 78,431.00 EXPENSES $ - TOTAL CMY FEE $ 78,431.00 SUBCONSULTANTS INLAND CIVIL ASSOCIATES $ 13,100.00 HUGGINSISEILER&ASSOCIATES $ 2,889.60 RODRIGUEZ TRANSPORTATION GROUP $ 10,738.77 00112007 GRAND TOTAL Is 105,159.00 PM*CT Road FEE SCHEDULE �7 PROVIDER NOME:CNwa PAW Yerb/ EXHIBIT D-Supplemental Agreement#4 Kiphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee Sched offlud et for Chiang,Pa bi&Yorby,Inc. Task Description Created Project Senior Design Design EIT Clerical Total Labor Total Labor Sheets Sheet Manager Engineer Engineer Hours Costs $55.57 $42.83 $35.89 $27.78 $17.36 C 160-SUBTOTALS HOURS SUB-TOTALS 4 8 4 16 $ 708.48 DIRECT LABOR COSTS $ 222.28 $ 342.64 $ 143.56 $ $ OVERHEAD AT PROVISIONAL RATE(173.08%) $ 384.72 $ 593.04 $ 248.47 $ $ TOTALLABOR COSTS $ 607.00 $ 935.68 $ 392.03 $ $ F1XEO FEE $ 72.B4 $ 112.28J$ 47.041$ 1$ SUBTOTAL(FC 160) $ 679.84 $ 1,G47.961$ 439-071$ Is $ 2,166.87 00112007 PRQJECrWAIE:WAn Road FEE SCHEDULE �� PROVKER NAME:Chug,PAW Yerty EXHIBIT D-Supplemental Agreement#4 Klphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee SchedLifeiSud et for Mang,Patel&Yoft,Inc. Task Descrl tion Revised Created ProJed Denier Design Total Labor Total Labor P ghee" ghee" iWanager Engineer Engineer ER clerical Hors Costs $55.57 1 $42.83 $35.89 $27.78 1 $17.36 SUBTUTALS HOURS SUB-TOTALS 20 6 2 41 85 134 $ 4,251.87 DIRECT LABOR COSTS $ 333.42 $ 65.66 $ 1,471.49 $ 2,361.30 $ OVERHEAD AT PROVISIONAL.RATE(173.08%) $ 577.08 $ 148.26 $ 2,546.85 $ 4,086.94 $ TOTAL LABOR COSTS $ 910.50 $ 233.92 $ 4,018.34 $ 6,448.24 $ FIXED FEE $ 109.26 $ 28.07 $ 482.20 $ 773.79 $ SUBTOTAL FC 160 $ 1,019.76 $ 261.99 $ 4,500.54 $ 7,222.03—F$-- $ 13,004.32 00112007 PROJECT NAME IV M Rced FEE SCHEDULE 3 21Io7 PROVIDER NAME:CES,PdolYedly EXHIBIT D-Supplemental Agreement#4 Kiphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee ScheduWBud et for Chiang,Ptdet&Yoft,Inc. Task DuMptlon Revised Created Project Senior Onion ElT Clerical Total Labor Total Labor DesignSheets Sheets htarraSw E mw Engineer Hours Cods $55.57 1 $42.83 $35.89 $27.78 $17.36 FC 161-SUBTOTALS HOURS SUB-TOTALS 2 4 8 6 4 22 $ 891.38 DIRECT LABOR COSTS $ 222.28 $ 342.64 $ 215.34 $ 111.12 $ OVERHEADAT PROVISIONAL RATE(173.08%) $ 384.72 $ 593.04 $ 372.71 $ 192.33 $ TOTAL LABOR COSTS $ 607.00 $ 935.68 $ 588.05 $ 303.45 $ FIXED FEE $ 72.84 $ 112.28 $ 70.57 $ 36.41 $ SUBTOTAL 161) 679.84 1,047.96 658.62 339.86 2,72628 00112007 PROJECTWME WPhmRoad FEE SCHEDULE �� PROVIDER hKW:ClUm,Pdel YeA�/ EXHIBIT D-Supplemental Agreement#4 Kiphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee Schoduleffiudget for Ch1mg,Patel&Yoft,Inc. Revised Croated Pro ior 1 ed Sen Task Daetfption Des sr Design ER clerical Total Labor Total Labor Sheets Sheets M mayor E h EnoneHours Costs $55.57 $42.83 $35.89 1 $27.78 $17.36 F 162-SUBTOTALS F1 8 4 6 20 30 T-942 26 DIRECT LABOR COSTS $ $ 171.32 $ 215.34 $ 555.60 $ OVERHEAD AT PROVISIONAL RATE(173D8%) $ - $ 296.52 $ 372.71 $ 961.63 $ TOTAL LABOR COSTS $ $ 467.84 $ 588.05 $ 1,517.23 $ RXED FEE $ $ 56.141$ 70.57 $ 182.07 $ SUBTOTAL(fC16 ) 523.981$ b58.621$ 1,699.301$ 117 2,881.90 00112007 PROJECrWMEKOhmRoad FEE SCHEDULE 3t oo7 PROVER NAME:CNw&Patel Yerb/ EXHIBIT D-Supplemental Agreement#4 Kiphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee SchodulsiBudget for Ctilang,Pati&Yortyy,Inc. Revised Created Projed Senior Design Total Labor Tot+d Labor Task Descrtptlon Shsets woe Nsnagw E char Engineer ER Clerical Hours Costs $55.57 1 $42.83 1 $35.89 $27.78 $17.36 FC 163-SUBTOTALS HOURS SUB-TOTALS 34 4 18 28 95 145 $ 4,637.24 DIRECT LABOR COSTS $ 222.28 $ 770.94 $ 1,004.92 $ 2,639.10 $ OVERHEAD AT PROVISIONAL.RATE(173AB°%) $ 384.72 $ 1,334.34 $ 1,739.32 $ 4,567,75 $ TOTAL LABOR COSTS $ 607.00 $ 2,105.28 $ 2,744.24 $ 7,206.85 $ FIXED FEE 1$ 72.84 $ 252.63 $ 329.31 1$ 864.82 1$ SUBTOTAL(FC 163) 1$ 679.841$ 2,357.91 $ 3.073.551$ 8,071.671$ 1 Ils 14,182.97 00112007 Kpm PROJECT wme:Cma Pd FEE SCHEDULE 3152007 PROVIDER bMatE:Ching,Patel Yerty EMISIT D-Supplemental Agreement#4 Kiphen Road- From MKT Railroad ROW to CR 122 City of Round Rock, Texas Fee SctmUsSudoet for Ctiang,Patel&Yetty,Inc. Task DescrIption Revised Croatod Project SeMor Design Total labor ToW Labor Sheets Sheets Mmagor E es4nahoir Engineer EIT Clerical Hours Costs $55.57 $42.83 1 $35.89 $27.78 1 $17.36 FC 163- QTOTALS HOURS SUS-TOTALS 396 396 $ 14,212.44 DMCT LABOR COSTS $ $ $14,212.44 $ $ OVERHEADAT PROYMONAL RATE(17308%) $ $ $24,598.89 $ $ TOTAL LABOR COSTS $ $ $38,811.33 $ $ FgCD $ $ $ 4,657.36 $ $ SUBTOTAL(FC 163) $ $ [$43,468.691$ is 1$ 43,468.69 00112007 I i ��--- -_�--- _�1-- CR 122 ----------- - T --� i ��• -�--�--�� f--- _L- I �r �1_f_J - Hif i . k-= cu 77 U �__1 ---------- ----} (u I _ DATE: March 15, 2007 SUBJECT: City Council Meeting - March 22, 2007 ITEM: *10.F.1. Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 4 with Chiang, Patel &Yerby, Inc. for Kiphen Road from the old MKT Railroad right-of-way to CR 122 (Kiphen Road Phase II Project). Department: Transportation Services Staff Person: Thomas G. Martin, P. E., Director of Transportation Services Justification: This Supplemental Contract No. 4 is for the revisions to the construction documents to modify cross street, driveway and median locations as well as to extend construction phase services. Fundina• Cost: $105,159.00 Source of funds: 413 - RR Transportation Development Corporation Outside Resources: Chiang, Patel, &Yerby, Inc. Backaround Information: The Round Rock Transportation System Development Corporation TCIP includes a project for the reconstruction and expansion of Kiphen Road to a 4-lane divided arterial. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL AGREEMENT NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES FIRM: Chiang, Patel&Yerby Inc. ("Engineer") ADDRESS: 11149 Research Boulevard, Suite 330,Austin, TX 78759 PROJECT: Kiphen Road from the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) 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 Chiang, Patel & Yerby Inc.,hereinafter called the "Engineer". WHEREAS, the City and Engineer executed an Agreement for Engineering Services, hereinafter called the "Agreement", on the 26th day of September, 2002 for Kiphen Road from the old MKT Railroad ROW to CR 122 (Kiphen Road Phase II Project) for the sum of $842,309.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 1 on July 10, 2003 to amend the scope of services and to increase the compensation by $51,582.00 to a total of $893,891.00; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 2 on May 26, 2005 to extend the Agreement and to modify the provision for notices to proceed; and WHEREAS, the City and Engineer executed Supplemental Agreement No. 3 on November 22, 2005 to amend the scope of services and to increase the compensation by $122,157.00 to a total of$1,016,048.00; and WHEREAS, it has become necessary to amend the Agreement to modify the provisions for the scope of services and to increase the compensation by $105,159.00 to a total of$1,121,207.00; and NOW THEREFORE, premises considered, the City and the Engineer agree that said Agreement is amended as follows: Supplemental Agrcement No.4 Rev.03/02/04 Chiang-kiphend2;TX02CR113;111982 64836 P-©1-03-Ad-1001 I. Article 2, Scope Of Services To Be Performed By Engineer and Exhibit B, Services To Be Performed By Engineer 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 $105,159.00 the lump sum amount payable under the Agreement for a total of$1,121,207.00, as shown by the attached Addendum to Exhibit D. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Agreement in duplicate. CHIANG, PATEL &YERBY INC. By: �(.w Z"., P;U&" 3 0 Date CIT27yor AP VEDAS O FORM: By: Step*n L. Sheets, Cit Attorney Date Supplemental Agreement No.4 Rev.03/02/04 Chiang-1 iphend2;TX02CR113;111982 64836 2 ADDENDUM TO EXHIBIT B Services to be Provided by the Engineer The changes to the scope of this project are as follows: The Engineer shall provide the necessary engineering and technical services required for the revisions of the preparation of plans, specifications and estimates (PS&E). The requested revisions are contained in two separate PS&E packages as outlined below. 1. Revisions to Kiphen Road Phase I—Construction of Kiphen Road Phase I is wholly contained within the Texas Department of Transportation's(TxDOT's)construction plans for FM 1460(CSJ No. 2211-02-015). The original intent of Kiphen Road Phase I was to realign the intersection of Old Settler's Boulevard at FM 1460 to meet up with proposed Double Creek Drive to the east. This supplemental agreement includes revisions to the realigned Kiphen Road Phase I project,which includes the relocation of the Kiphen Circle intersection, two driveway relocations, two driveway additions, median changes, illumination modifications, and right-of-way services. Right-of-way services will be performed, including data research, acquisition and coordination, right-of-way surveying, and right-of-way document preparation. These revisions will require changes to the 95%construction documents submitted to TxDOT. In addition, revisions will be required at the western limits of construction for the proposed Kiphen Road Phase II. 2. Revisions to Kiphen Road Phase II -These revisions, associated with the above Kiphen Phase I revisions, are to relocate one driveway, add one driveway,modify the illumination, and modify the center median at the western limits of construction on Kiphen Road Phase H. These revisions will require changes to the signed, sealed construction documents submitted to the City. Right-of-way services will be performed, including data research,acquisition and coordination, right-of-way surveying, and right-of-way document preparation. This supplemental agreement also includes revisions to the drainage plans recently completed. Drainage Systems B &C were modified as an alternative to relocating the existing high pressure gas line near Station 79+00. System B storm sewer was reduced by about 260 feet and associated drainage structures were relocated at the upstream end. The corresponding runoff was redirected to System C. System C was upsized, extended, and reconfigured to handle the additional drainage and continues to outfall at the designated culvert. System D was modified to reincorporate a section reinforced concrete pipe that was removed from the original plan set as a cost saving measure. However,part of System D has already been reconstructed so the original design has been reintegrated into the plan set. In addition, construction phase services for Kiphen Road Phase II have been extended due to construction delays caused by utility conflicts. Currently,the project has been extended 12 months beyond the initial 15 month schedule. The construction phase services included in the original contract will be continued for an additional 12 months as applicable. These additional services are described in the TASK OUTLINE shown below. TASK OUTLINE The Engineer will revise and/or add construction plans in the following items to accommodate the inclusion of the extended project limits: I. RIGHT-OF-WAY SERVICES(Function Code 130) A. Right-of-Way Services for Kiphen Road Phase I 1. Acquire ROW information,research ROW information and coordinate parcel plats and metes and bounds 2. Field surveying to collect boundary markers and place ROW makers are property comers. 3. Prepare parcel plats,metes and bounds descriptions for one(1)acquisition parcel,six(6)easements and two(2)parcel revisions. 4. Coordinate with subconsultant. B. Right-of-Way Services for Kiphen Road Phase II 1. Acquire ROW information,research ROW information and coordinate parcel plats and metes and bounds. 2. Field surveying to collect boundary markers and place ROW markers are property comers. 3. Coordinate with subconsultant. II. ROADWAY DESIGN CONTROLS(Function Code 160) A. Revisions to Kiphen Road Phase I 1. Project layout—revisions to existing sheet to realign Kiphen Circle and modify Kiphen Rd. 2. Typical sections—revisions to existing sheet to modify median locations from FM 1460 to Kiphen Road Phase II. 3. Horizontal alignment data sheet—revise Kiphen Circle horizontal alignment. 4. Roadway plan and profiles—revisions to Kiphen Road and Kiphen Circle to modify alignments,add and modify driveways,modify medians and intersections. 5. Intersection layouts—revisions to intersections at Kiphen Road and Kiphen Circle. 6. Miscellaneous Roadway Details—revise driveway and median details sheets. B. Revisions to Kiphen Road Phase II 1. Project title sheet—update revision block and obtain signature for approval. 2. Project layout—revise existing sheets to add new driveway,modify existing driveway,and modify median. 3. Roadway plan and profiles—revise existing sheets to add new driveway,modify existing driveway, and modify median. 4. Intersection layouts—revisions to intersection at Kiphen Road and Kiphen Circle. 5. Median details—revisions to median location and median information. 6. Driveway details—revisions to driveway locations and driveway information. III. DRAINAGE(Function Code 161) A. Revisions to Kiphen Road Phase I 1. External drainage area maps—analyze and revise sheets to reflect the redesign to of Kiphen Road, Kiphen Circle,and driveway locations. 2. Interior drainage area maps—analyze and revise sheets to reflect the redesign to of Kiphen Road, Kiphen Circle,and driveway locations. 3. Hydraulic data sheet—revise proposed curb inlets,area inlets and storm sewers to reflect the redesign of Kiphen Road,Kiphen Circle and driveway locations. 4. SW3P—revise sheets to reflect the redesign to of Kiphen Road,Kiphen Circle,and driveway locations. 5. Drainage plan and profiles—revise existing sheets for system 3 to indicate new locations of inlets,new locations of storm sewer pipes and revise storm sewer profiles to indicate changes elevations and offsets;the revisions will reflect the realignment of Kiphen Road,Kiphen Circle and driveway locations. 6. Coordinate with subconsultant. B. Revisions to Kiphen Road Phase II 1. Drainage plan and profiles—revise sheets for new driveway locations and driveway culverts;new driveways will be located to avoid curb inlet 2000. 2. Hydraulic data system—update Systems B,C,and D to reflect revised drainage design to utilize alternative design at the high pressure gas line and to utilize constructed segment of System D. 3. Drainage plan and profile—revise sheets to reflect revised Systems B,C,and D designs to utilize alternative design at the high pressure gas line and to utilize constructed segment of System D. 4. Lateral profiles-revise sheets to reflect revised Systems B,C,and D designs to utilize alternative design at the high pressure gas line and to utilize constructed segment of SystemD. IV. SIGNING AND PAVEMENT MARKINGS (Function Code 162) A. Revisions to Kiphen Road Phase I 1. Signing,striping and delineation layouts—revise existing sheets to show new Kiphen Road and Kiphen Circle alignments,new and modified driveway locations,modified median,and modified intersection locations. V. MISCELLANEOUS ROADWAY(Function Code 163) A. Revisions to Kiphen Road Phase I 1. TCP construction narrative—revise for new traffic handling due to revised median openings. 2. Traffic control plans—revise existing sheets to show new Kiphen Road and Kiphen Circle alignments, new and modified driveway locations,modified median,and modified intersection locations. 3. Erosion Control Plan—revise sheets to reflect the redesign to of Kiphen Road,Kiphen Circle,and driveway locations; coordinate with subconsultant. 4. Quantities and summaries—quantities will be recalculated and summary sheets will be revised to reflect changes to Kiphen Road,Kiphen Circle, and driveway locations; coordinate with subconsultant. 5. Illumination Plans—Design and plan sheets for illumination along Kiphen Road within the limits described above will be revised to accommodate changes to the roadway plan view and storm sewer layouts. Voltage and luminance calculations will be rerun and analyzed to ensure redesign meets all specifications and requirements;coordinate with subconsultant. B. Revisions to Kiphen Road Phase Il 1. Traffic control plans—revise existing sheets to add new driveway,modify existing driveway,and modify median. 2. Quantities and summaries—quantities will be recalculated and summary sheets will be revised to reflect driveway and median changes;coordinate with subconsultant. 3. Illumination plans-Design and plan sheets for illumination along Kiphen Road within the limits described above will be revised to accommodate changes to the roadway plan view and storm sewer layouts. Voltage and luminance calculations will be rerun and analyzed to ensure redesign meets all specifications and requirements;coordinate with subconsultant. VI. DESIGN VERIFICATION,CHANGES AND ALTERATIONS(Function Code 351) A. Construction Phase Services 1. The Engineer will continue Construction Phase Services as outlined in the original Agreement. Due to delays caused by existing utility conflicts,the project schedule has been extended for approximately (12)twelve months. The Engineerwill continue Construction Phase Services for an additional(12) twelve months beyond the project's initial 15 month construction schedule. ADDENDUM TO EXHIBIT C Work Schedule The changes to the scope of this project are as follows: REVISED WORK SCHEDULE KIPHEN ROAD PHASE I Change Order Plans Submittal February 27,2007 Change Order ROW Submittal February 27,2007 Construction Phase Services May,2007—April,2008 REVISED WORK SCHEDULE KIPHEN ROAD PHASE II Change Order Plans Submittal February 27,2007 ADDENDUM TO EXHIBIT D Fee Schedule The changes to the fee schedule for this project are as follows: For the services described under Attachment B, we request compensation on a lump sum basis. The estimated hours and dollars to accomplish this work are shown below. The breakdowns for man-hours and costs are shown on the following pages. ESTIMATE OF COMPENSATION Direct Salary Cost(See attached summary) Project Manager 18 Hrs. @ $55.57= $ 1,000.26 Senior Engineer 40 Hrs. @ $42.83= $ 1,713.20 Design Engineer 481 Hrs. @ $35.89= $ 7,644.57 Engineer-in-Training/Tech. 204 Hrs. @ $27.78= $ 5,667.12 Clerical 0 Hrs. @ $17.36= $ 0.00 TOTAL DIRECT SALARY $ 25,643.67 SALARY RELATED COST (173.08%) $ 44,384.06 TOTAL LABOR COSTS $ 70,027.73 FEE(12%) $ 8,403.33 EXPENSES TOTAL EXPENSES $ 0.00 Subconsultant Expenses INLAND CIVIL ASSOCIATES $ 13,100.00 HUGGINSISEILER&ASSOCIATES $ 2,889.60 RODRIGUEZ TRANSPORTATION GROUP $ 10,738.77 LUMP SUM AMOUNT PAYABLE $ 105159.00 PRO.ECT NAME:Kiphen Road FEE SCH EDU LE 3152007 PROVIDER NAME:Chiang,Patel Yerby EXHIBIT D - Supplemental Agreement#4 OWN CR 122 of m Rack Toxw Tak Towcess RIGHT-OF-WAY SERVICES FC 130 $ 2,166.87 ROADWAY DESIGN CONTROLS FC 160 $ 13,004.32 DRAINAGE FC 161 $ 2,726.28 SIGNING AND PAVEMENT MARKINGS FC 162 $ 2,881.90 MISCELLANEOUS ROADWAY FC 163 $ 14,182.97 BID AND CONSTRUCTION SERVICES FC 351 $ 43,468.69 SUB-TOTAL LABOR EXPENSES $ 78,431.00 TOTAL LABOR COSTS $ 78,431.00 EXPENSES $ - TOTAL MY FEE $ 78,431.00 SUBCONSULTANTS INLAND CML ASSOCIATES $ 13,100.00 HUGGINSJSEILER &ASSOCIATES $ 2,889.60 ROORIGUEZ TRANSPORTATION GROUP $ 10,738.77 00112007 GRAND TOTAL $ 105,159.00 PN0.1EaNN1E wpm PAW FEE SCHEDULE 3FWM7 PRONIOER N4ME:Chap,PaMI Yagt EXHIBIT D- wn"d Agrmffm t 94 My of Round Ymn Fa 3ctv"U for CMwM,Pftd 3 Yoft,Inc. " na = saw � ChidedT F�MYei T LNW $55.57 $42.83 $35.89 $27.78 $17.36 NOURS SUBTOTALS 4 8 4 16 $ 708.48 DIRECT LABOR COSTS $ 222.28 $ 342.64 $ 143.56 $ $ OVERHEAD AT PROVISIONAL RATE(173.00%) $ 384.72 $ 593.04 $ 248.47 $ $ TOTALLMOR C0STS $ 607.00 $ 935.68 $ 392.03 $ $ FIXED FEE I$ 72.84 1$ 112.281$ 47.04 $ I$ SUBTOTAL(FC 160) $ 679.84 $ 1,047,961$ 439.07 $ Is 1 $ 2,166.87 00112007 PROVMR .Cfta PdMYoW FEE SCHEDULED°' EXHIBIT D-Supplemental Agreement#4 Ck of Rend ROOK Tis Fu 9,dw l for Chi PdW i Y inc. owna *low111�IR1t TaM TM111�ali► $55.57 $42.83 $35.89 $27.79 $17.36 MNU r ^wr., n f �'^ HOURS SUS-TOTALS 20 6 2 41 85 134 $ 4,251.87 DIRECT LABOR COSTS $ 333.42 $ 85.66 $ 1,471.49 $ 2,361.30 $ OVERHEAD AT PROMS"M RATE(173A8%) $ 577.08 $ 148.26 $ 2,546.85 $ 4,086.94 $ TOTAL LABOR COSTS $ 910.50 $ 233.92 $ 4,018.34 $ 6,448.24 $ P1XED FEE $ 109.26 $ $ 482.20 $ 773.79 $ SUBTOTAL FC 160 $ 1,019.76 $ 112311519 $ 4,500.54 $ 7,222.03 $ 1 $ 13,004.32 00112007 MOM PdWY*ft FEE SCHEDULEPR0VMRNAK7D07 EXHIBIT D-SupplemeMd Agreement 04 Kthm Read=*=n AW RlllkmW NOW to CR 122 Ck of Itmand R Tia Fee 8d-@e.A"2gw 1br smm Pdol i Y Im ffr el7MNf ""LOW UwLewsowt $55.57 $42.83 $35.89 $27.78 $17.36 :•;; �. R< z {tib. :w+ s .°w•;.; .' sem.. .' .,, ",i, ,.,., "'. .,., ,,, �p '.`,'. „�,*�:. } i.. xx 1'Z HOURS SUB-TOTALS 2 4 8 6 4 22 $ 891.38 DIRECT LABOR COSTS $ 222.28 $ 342.64 $ 215.34 $ 1 1 1.12 $ OVERNEADATPROVOONALRATE(173.08%) $ 384.72 $ 593.04 $ 372.71 $ 192.33 $ TOTAL LABOR COSTS $ 607.00 $ 935.68 $ 588.05 $ 303.45 $ WED FEE $ 72.64 $ 112.28 $ 7057 $ 36.41 $ SUBTOTAL 161) 679.84 1,047.96 658.62 339.86 2,726.28 00112007 PROJECT WIME i OM Wad FEE SCHEDULE Y5=7 PFiaVM N%W:Chau Pdw Ye" EXHIBIT D-Supplemental Agreement 04 MphM NOW-&an 122 City of ltwAW Re*Tum Fa 9dwM for Chi Pam a Y Inc. AriiMs RIT all" TOW UW&41W News Gem $55.57 $42.83 $35.89 $27.78 $17.36 M f f....r< KOURS SUB-TOTALS 8 4 6 20 30 942.26 DIRECT LABOR COSTS $ $ 171.32 $ 215.34 $ 555.60 $ ONERKEAD AT PROWSK AL RATE(173108%) $ $ 296.52 $ 372.71 $ 961.63 $ TOTAL LABOR COSTS $ $ 467.84 $ 588.05 $ 1.517.23 $ FIXED FEE $ $ 56.14 $ 70.57 $ 182.071$ SUSTOTAL(FC16 ) 523.98 ' 658.62 ' 1,699.30 $ $ 2,881.90 00112007 PROVM �Pd1Y.f FEE SCHEDULE 3sna07 EXHIBIT D-Supplemental Agreement 04 F1 MKT RoM n lkd ROWto CR 122 Cky of M+a W ftd4 TsKmw fa$ctndul for Chl Paw i xwtrInc. � � stop NMIWAW"W off 016A�i1 T #Nvn Toub ew $55.57 $42.83 1 $35.89 $27.78 $17.36 WE w a. d.: HOURS SUB-TOTALS 34 4 18 28 95 145 $ 4,637.24 DIRECT LABOR COSTS $ 222.28 $ 770.94 $ 1,004.92 $ 2,639.10 $ OVERHEAD ATPROMSIONALRATE(17308%) $ 384.72 $ 1,334.34 $ 1,739.32 $ 4,567.75 $ 70TA.IABOR COSTS $ 607.00 $ 2,105.26 $ 2,744.24 $ 7,206.85 $ FIXED FEE 1$ 72.841$ 252.63 $ 329.31 $ 864.821$ SUBTOTAL(FC 163) 1$ 679.84 $ 2,357.91 1$ 3,073.55 $ 8,071.67 $ $ 14,182.97 00/1207 PROVIMR �P" �YFEE SCHEDULE0°7 EXHIBIT D-Supplemental!Kowrwt#4 PlhftwTwa5fqw to CR 122 COY 4fkW4P#00*Tom. FN 8dwM for Ch1 P"i ym Ino. v"w wow i $55.57 $42.83 $35.89 $27.76 $17.36 r M a a i"^ ..n.row"., MOM x,~5„x Ill INS HOURS SUB-TOTALS 396 396 $ 14,212.44 OIRECT LIBOR C057S $ $ $14,212.44 $ $ OVERHM AT PROVW04AL RATE(173.08%) $ $ $24,598.89 $ $ TOTAL.LABOR COSTS $ $ $38,811.33 $ $ RXED FEE $ $ $ 4,657.36 $ $ SUBTOTAL(PC 163) 1 1 Is $ $43,468.69 $ is I $ 43,468.69 00112007