R-04-11-23-9E1 - 11/23/2004 RESOLUTION NO. R-04-11-23-9E 1
WHEREAS, the City of Round Rock has previously entered into an
Agreement for Engineering Services with Camp Dresser and McKee, Inc.
for the design of the Water Treatment Plant' s Off-Site Wastewater Line
Improvements, and
WHEREAS, Camp Dresser and McKee, Inc. has submitted Supplemental
Agreement No. 1 to the Agreement for Engineering Services to extend the
contract date, and
WHEREAS, the City Council desires to enter into said Supplemental
Agreement No. 1 with Camp Dresser and McKee, 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. 1 to the Agreement for
Engineering Services with Camp Dresser and McKee, 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 23rd day of November, 4 .
NYLE LL, May
A T: - � .
Cit o Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secret y
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STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Camp Dresser&McKee Inc. ("Engineer")
ADDRESS: 12357-A Riata Trace Parkway,Suite 210,Austin,TX 78727
PROJECT: Water Treatment Plant's Off-Site Wastewater Line Improvements
This Supplemental Agreement No. 1 to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Camp Dresser &
McKee Inc.,hereinafter called the"Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 23rd day of October, 2003 for the Water Treatment
Plant's Off-Site Wastewater Line Improvements; and
WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term and
to modify the provision for notices to proceed;and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
I.
Article 2, Scone 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:
(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.
Supplemental Agreement
#cdm-wtp off-site w/w;74633 Rev.03/02/04
CHIBIT
A��
(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.
III.
Article 7.Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
CAMP SE & E
Bye
1
4
Date
CITY OF ROUND ROCK APPROVED AS TO FORM:
By:
Nyle Maxwell,Mayor Stephan L. Sheets,City Attorney
Date
Supplemental Agreement
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2
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the scope of this project are as follows:
EXHIBIT C
WORK SCHEDULE
CONSTRUCTION PHASE SERVICES
Advertise January 31,2005
Bidding February 1, 2005 to March 1,2005
Bid Date March 1,2005
Construction Services March 15,2005 to December 31,2005
W.T.P. OFF-SITE
W.W.L.
N
E NOT TO SCALE W.T.P. OFF-SITE
WASTEWATER LINE �ROUhDROCK.TEXAS
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DATE: November 18, 2004
SUBJECT: City Council Meeting - November 23, 2004
ITEM: *9.E.1. Consider a resolution authorizing the Mayor to execute Supplemental
Agreement No. 1 to the Agreement for Engineering Services with
Camp, Dresser & McKee, Inc. for the design of the Water Treatment
Plant's Off-Site Wastewater Line Improvements.
Department: Water and Wastewater Utilities
Staff Person: Tom Clark, Director
Justification:
This Supplemental Agreement is required to extend the contract time only. The current
contract termination date is December 31, 2004. Due to delays in acquiring easements from
Georgetown Railroad (GRR) and Texas Crushed Stone (TCS). Camp, Dresser & McKee, Inc.
will not be able to meet the December 31, 2004 completion date. Therefore, with this
resolution the contract termination date will be extended to December 31, 2005, based on a
March 2005 bid date.
Funding•
Cost: N/A
Source of funds: Capital Project Funds (Self-Financed Utility)
Outside Resources: Camp, Dresser & Mckee, Inc.
Background Information•
The Water Treatment Plant Off-Site Wastewater Line will be bid and constructed with the
Westinghouse Wastewater Interceptor. We received TCEQ Project Approval in January 2004
and TxDOT Approval to bore under FM 1431 in January 2003. We acquired Easements from
Mancuso in July 2003 and from Cypress Semiconductor in December 2003. The remaining
easements required for these projects are from TCS and GRR, and due to inflation in
construction costs during the long delay in acquiring these easements we have had to
increase the construction budget by 20% or a total of $250,344.00 for both projects.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT FOR ENGINEERING SERVICES
FIRM: Camp Dresser& McKee Inc. (`Engineer")
ADDRESS: 12357-A Riata Trace Parkway, Suite 210,Austin,TX 78727
PROJECT: Water Treatment Plant's Off-Site Wastewater Line Improvements
This Supplemental Agreement No. 1 to Agreement for Engineering Services is made by and
between the City of Round Rock, Texas, hereinafter called the "City" and Camp Dresser &
McKee Inc., hereinafter called the "Engineer".
WHEREAS, the City and Engineer executed an Agreement for Engineering Services,
hereinafter called the "Agreement", on the 23rd day of October, 2003 for the Water Treatment
Plant's Off-Site Wastewater Line Improvements; and
WHEREAS, it has become necessary to amend the Agreement to extend the Contract Term and
to modify the provision for notices to proceed; and
NOW THEREFORE, premises considered, the City and the Engineer agree that said
Agreement is amended as follows:
I.
Article 2, Scone 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:
(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.
Supplemental Agreement Rev.03/02/04
#cdm-wtp off-site w/w;74633
1
(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.
III.
Article 7, Notice to Proceed shall be amended to read as follows:
The Engineer shall not proceed with any task listed on Exhibit B until the City has issued
a written Notice to Proceed regarding such task. The City shall not be responsible for work
performed or costs incurred by Engineer related to any task for which a Notice to Proceed has
not been issued.
IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental
Agreement in duplicate.
CAMP SE & E I
By:
Lc � '
4
Date
CITY OF RO DR C APPROVED AST FORM:
By:
Nyl 1, ayor Stepha L. Sheets, City Attorney
Date
Supplemental Agreement Rev.03/02/04
#cdm-wtp off-site w/w;74633
2
ADDENDUM TO EXHIBIT C
Work Schedule
The changes to the scope of this project are as follows:
EXHIBIT C
WORK SCHEDULE
CONSTRUCTION PHASE SERVICES
Advertise January 31, 2005
Bidding February 1, 2005 to March 1,2005
Bid Date March 1,2005
Construction Services March 15,2005 to December 31,2005