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R-09-11-24-8B1 - 11/24/2009RESOLUTION NO. R -09-11-24-8B1 WHEREAS, the City of Round Rock, Texas (the "City") is a participating and founding member of the Brushy Creek Regional Utility Authority, Inc., (the "BCRUA"), and WHEREAS, the BCRUA desires to enter into an agreement with Camp, Dresser & McKee, Inc. for construction phase engineering services for the BCRUA Water Treatment Plant - Phase 1A Project, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Council hereby authorizes the Brushy Creek Regional Utility Authority to enter into an Agreement with Camp, Dresser & McKee, Inc. for Construction Phase Engineering Services, 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 24th day of November, 2009. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: '04011t., tAgGR SARA L. WHITE, City Secretary 0:\wdox\SCC1ntS\0112\0905\MONICIPAL\R9112431.DOC/zmc Contract No. BRUSHY CREEK REGIONAL UTILITY AUTHORITY AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES WITH CAMP, DRESSER & McKEE, INC. FIRM: Camp, Dresser & McKee, Inc. (the "Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, Texas 78727 PROJECT: BCRUA Water Treatment Plant - Phase 1A Project, Construction Phase Engineering Services (the "Project") THE STATE OF TEXAS COUNTY OF WILLIAMSON THIS AGREEMENT FOR CONSTRUCTION PHASE ENGINEERING SERVICES (the "Agreement") is made and entered into on this the day of , 200_ by and between the BRUSHY CREEK REGIONAL UTILITY AUTHORITY, a Texas local government corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (the "BCRUA" or the "Authority"), and CAMP, DRESSER & McKEE, INC. whose offices are located at 12357-A Riata Trace Parkway, Suite 210, Austin, Texas 78727, ("CDM" or the "Engineer"), and such Agreement is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by governmental entities of services of professional engineers; and WHEREAS, the BCRUA and the Engineer desire to contract for such professional engineering services; and WHEREAS, the BCRUA and the Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: Engineering Services Contract File Name: BCRUA/Camp Dresser McKee 1 EXHIBIT Rev. 10/08 174997/j kg That for and in consideration of the mutual promises contained herein and other good and valuable consideration, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Agreement by reference) and all Supplemental Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire agreement between the parties, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein. ARTICLE 1 BCRUA SERVICES The BCRUA shall perform or provide services as identified in Exhibit A entitled "BCRUA Services." ARTICLE 2 CONSTRUCTION PHASE ENGINEERING SERVICES The Engineer shall perform or provide services as identified in Exhibit B entitled "Services to be Performed by the Engineer." Services to be performed by the Engineer include but are not limited to serving as Design Engineer of Record for the Project and provision of industry standard construction phase services support related to the construction of Phase 1A (the "Services"), such Services being delineated in the referenced Exhibit B. All such Services shall be on the site of said Project or at other locations as necessary. ARTICLE 3 TERM; WORK SCHEDULE; NOTICE TO PROCEED (1) Term. This Agreement shall be effective on the date this Agreement has been signed by each party hereto, and shall remain in full force and effect unless and until it expires by operation of the term indicated herein, or is terminated or extended as provided herein. The term of this Agreement shall be until full and satisfactory completion of the work specified herein is achieved, but in no event later than forty-three (43) months from the BCRUA's issuance of the required Notice to Proceed, unless extended by written Supplemental Agreement executed by the Engineer and the BCRUA prior to initial term expiration. Any work performed or costs incurred by the Engineer after the date of term expiration or termination shall not be eligible for reimbursement. The Engineer shall notify the BCRUA in writing as soon as possible if the Engineer determines, or reasonably anticipates, that the work under this Agreement will not be completed before the date of term expiration. In that event the BCRUA may, in its sole discretion, extend the term by timely written 2 Supplemental Agreement. The Engineer shall allow adequate time for the BCRUA to review and approve the Engineer's request for extension. (2) Work Schedule. The Engineer is expected to complete the Services described herein in accordance with the Work Schedule delineated in Exhibit C entitled "Work Schedule." The Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Services required herein so that construction of the Project will be completed as scheduled. In this regard, the Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Services required under this Agreement to the highest professional standard. (3) Notice to Proceed. After execution of this Agreement, the Engineer shall not proceed with work delineated in Article 2 herein and in Exhibit B attached hereto until authorized in writing by the BCRUA to proceed as provided in Article 7 herein. ARTICLE 4 COMPENSATION The total fee for the Engineer's Services shall be in a not -to -exceed amount of Two Million Nine Hundred Thirteen Thousand Thirty-eight and No/100 Dollars ($2,913,038.00). Such not -to -exceed amount shall be full compensation for all Services performed and to be performed by the Engineer under this Agreement, and such not -to -exceed amount may not be revised in any fashion other than by written Supplemental Agreement as provided for herein. The BCRUA shall pay the Engineer on a "time and materials" basis, the Engineer agrees to accept payment from the BCRUA on such basis, and the parties expressly agree that only work actually performed by the Engineer will be paid for by the BCRUA. Work tasks and estimated costs therefor are identified in Exhibit D entitled "Fee Schedule." The Engineer shall prepare and submit to the BCRUA monthly progress reports in sufficient detail to support the progress of the work and to support invoices requesting monthly payment. Any preferred format of the BCRUA for such monthly progress reports shall be identified at the initial coordination meeting. Satisfactory performance of the Services and of the work required hereunder shall be maintained as an absolute condition of payment. The fee herein referenced may be adjusted for additional work requested and performed only if approved by the BCRUA and evidenced by a written Supplemental Agreement. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for Services rendered shall be made while work is in progress. The Engineer shall prepare and submit to the BCRUA, not less frequently than once per month, a progress report as referenced in Article 4 herein. Such progress report shall state the time and materials utilized in the completion of work accomplished during that billing period and to date. Simultaneous with submission of such progress report, the Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to the BCRUA. This submittal shall also include a progress assessment report in a form acceptable to the BCRUA. 3 Progress payments shall be made in proportion to the percentage of completion of work tasks identified m Exhibit D. Progress payments shall be made by the BCRUA based upon work actually provided and performed. Upon timely receipt of a correct statement as to form and content, and upon the approval of each statement, the BCRUA shall make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is due and payable within thirty (30) days. The BCRUA reserves the right to withhold payment pending verification of satisfactory work performed. The Engineer has the responsibility to submit proof to the BCRUA, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from the Engineer's negligence or failure to perform to industry standards. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, any payment to be made by the BCRUA to the Engineer will be made within thirty (30) days of the date the BCRUA receives goods under this Agreement, the date the performance of the services under this Agreement are completed, or the date the BCRUA receives a correct invoice for the goods or services, whichever is later. The Engineer may charge interest on an overdue payment at the "rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt Payment Policy does not apply to payments made by the BCRUA in the event: (a) (b) (c) There is a bona fide dispute between the BCRUA and the Engineer, a contractor, subcontractor, or supplier about the goods delivered or the service performed that cause the payment to be late; or There is a bona fide dispute between the Engineer and a subcontractor or between a subcontractor and its supplier about the goods delivered or the service performed that causes the payment to be late; or The terms of a federal contract, grant, regulation, or statute prevent the BCRUA from making a timely payment with federal funds; or (d) The invoice is not mailed to the BCRUA in strict accordance with any instruction on the purchase order relating to the payment. The BCRUA shall document to the Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The BCRUA shall issue a written authorization to proceed with work identified herein and in Exhibit B. The BCRUA shall not be responsible for actions taken or work done by the Engineer or any costs incurred by the Engineer relating to additional work not included herein and in Exhibit B. 4 ARTICLE 8 PROJECT TEAM The BCRUA's Designated Representative for purposes of this Agreement is as follows: Michael F. Thuss, P.E. Program Manager 221 East Main Street Round Rock, Texas 78664 Telephone Number: 512-401-5594 Email Address: mthuss@bcrua.org The BCRUA's Designated Representative shall be authorized to act on the BCRUA's behalf with respect to this Agreement. The BCRUA or the BCRUA's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Engineer in order to avoid unreasonable delay in the orderly and sequential progress of the Engineer's Services. The Engineer's Designated Representative for purposes of this Agreement is as follows: Steven V. Lynk, P.E. 12357-A Riata Trace Parkway, Suite 210 Austin, Texas 78727 Telephone Number: (512) 346-1100 Facsimile Number: (512) 345-1483 Email Address: LynkSV@CDM.com ARTICLE 9 PROGRESS EVALUATION The Engineer shall, from time to time during the progress of the work, confer with the BCRUA at the BCRUA's election. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the BCRUA, in order for the BCRUA to evaluate features of the Services and the Engineer's work. At the request of the BCRUA or the Engineer, conferences shall be provided at the Engineer's offices, the offices of the BCRUA, or at other locations designated by the BCRUA. When requested by the BCRUA, such conferences shall also include evaluation of the Engineer's Services and work. Should the BCRUA determine that the progress in production of work does not satisfy the Work Schedule, then the BCRUA shall review the Work Schedule with the Engineer to determine corrective action required. The Engineer shall promptly advise the BCRUA in writing of events which have or may have a significant impact upon the progress of the Services and work, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the 5 attainment of project work units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and the BCRUA assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should the BCRUA desire to suspend the work, but not to terminate this Agreement, then such suspension may be effected by the BCRUA giving the Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the BCRUA to resume the work. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If the BCRUA suspends the work, the contract period as determined in Article 3 is not affected and this Agreement will expire as to term on the date specified unless this Agreement is amended indicating otherwise. The BCRUA assumes no liability for work performed or costs incurred prior to the date authorized by the BCRUA for the Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to the completion date of this Agreement. ARTICLE 11 ADDITIONAL WORK If the Engineer forms a reasonable opinion that any work the Engineer has been directed to perform is beyond the scope of this Agreement and as such constitutes extra work, the Engineer shall promptly notify the BCRUA in writing. In the event the BCRUA finds that such work does constitute extra work and exceeds the maximum amount payable, the BCRUA shall so advise the Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. The Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Agreement. The BCRUA shall not be responsible for actions by the Engineer nor for any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Agreement or any amendments thereto. ARTICLE 12 CHANGES IN WORK If the BCRUA deems it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original Services or character of work under this Agreement, then the Engineer shall make such revisions as requested and as directed by the BCRUA. Such revisions shall be considered as additional work and paid for as specified under Article 11. 6 The Engineer shall make revisions to work authorized hereunder as are necessary to correct errors appearing therein, when required to do so by the BCRUA. No additional compensation shall be due for such work. ARTICLE 13 SUPPLEMENTAL AGREEMENTS The terms of this Agreement may be modified by written Supplemental Agreement if the BCRUA determines that there has been a significant change in (1) the scope, complexity or character of the work to be performed, or (2) the duration of the work. Any such Supplemental Agreement must be duly authorized by BCRUA Board of Directors Resolution. Where such Board authorization is required, the Engineer shall not proceed until the appropriate Resolution has been adopted and the Supplemental Agreement has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. Both parties must execute any written Supplemental Agreement within the contract term period specified herein in Article 3. It is understood and agreed by and between both parties that the Engineer shall make no claim for extra work done or materials furnished until the BCRUA executes the written Supplemental Agreement and grants authorization to proceed. The BCRUA reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Agreement are the exclusive property of the BCRUA and shall be furnished to the BCRUA upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the BCRUA shall be delivered to the BCRUA upon completion or termination of this Agreement. The Engineer, at the Engineer's own expense, may retain copies of such documents or any other data which the Engineer has furnished the BCRUA under this Agreement. Any release of information shall be in conformance with the requirements of the Texas Public Information Act. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at the Engineer's own expense, quarters for the performance of all Services, and adequate and sufficient personnel and equipment to perform the Services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the BCRUA, is incompetent or whose conduct becomes detrimental to the work shall immediately be removed from association with the Project when so instructed by the BCRUA. The Engineer certifies that the Engineer presently has adequate qualified personnel in the Engineer's employment for performance of the Services required under this Agreement, or will obtain such personnel from sources 7 other than the BCRUA. The Engineer may not change the Project Manager or other key personnel assigned to the Project without prior written consent of the BCRUA. ARTICLE 16 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Agreement without prior written approval from the BCRUA. All subcontracts shall include the provisions required in this Agreement and shall be approved as to form, in writing, by the BCRUA prior to work being performed under the subcontract. No subcontract shall relieve the Engineer of any responsibilities under this Agreement. ARTICLE 17 EVALUATION OF WORK The BCRUA, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subcontractor, then the Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the BCRUA or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the BCRUA before any final report is issued. The BCRUA's comments on the Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by the Engineer shall be grounds for termination of this Agreement, and any increased costs arising from the Engineer's default, breach of contract, or violation of contract terms shall be paid by the Engineer. ARTICLE 20 TERMINATION This Agreement may be terminated before the stated expiration date by any of the following conditions: (1) By mutual agreement and consent, in writing, of both parties. (2) By the BCRUA, by notice in writing to the Engineer, as a consequence of failure by the Engineer to perform the Services set forth herein in a satisfactory manner. 8 (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the BCRUA, for reasons of its own and not subject to the mutual consent of the Engineer, upon not less than thirty (30) days' written notice to the Engineer. (5) By satisfactory completion of all Services and obligations described herein. Should the BCRUA terminate this Agreement as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the BCRUA shall be the sole judge. Compensation for work at termination will be based on a percentage of the Services completed at that time. Should the BCRUA terminate this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30) -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Agreement or if the BCRUA terminates this Agreement for fault on the part of the Engineer, then the BCRUA shall give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the BCRUA, the cost to the BCRUA of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the BCRUA of the Services and work performed at the time of default. The termination of this Agreement and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the BCRUA and the Engineer under this Agreement, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Agreement is due to the failure of the Engineer to fulfill the Engineer's contractual obligations, then the BCRUA may take over the Project and prosecute the work to completion. In such case, the Engineer shall be liable to the BCRUA for any additional and reasonable costs incurred by the BCRUA. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by the Engineer in support of the work under this Agreement. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. The Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Agreement, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. The Engineer shall furnish the BCRUA with satisfactory proof of the Engineer's compliance. The Engineer shall further obtain all permits and licenses required in the performance of the Services contracted for herein. 9 (2) Taxes. The Engineer will pay all taxes, if any, required by law arising by virtue of the Services performed hereunder. The BCRUA is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION The Engineer shall save and hold harmless the BCRUA and its officers and employees from all claims and liabilities due to activities of the Engineer and the Engineer's agents or employees, performed under this Agreement, which are caused by or which result from the negligent error, omission, or negligent act of the Engineer or of any person employed by the Engineer or under the Engineer's direction or control. The Engineer shall also save and hold the BCRUA harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by the BCRUA in litigation or otherwise defending claims or liabilities which may be imposed on the BCRUA as a result of such negligent activities by the Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES The Engineer shall be responsible for the accuracy of the Engineer's Services and work and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. The BCRUA shall determine the Engineer's responsibilities for all questions arising from design errors and/or omissions. The Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the Project has been completed. When the Engineer is called upon to observe the work of the BCRUA's construction contractor(s) for the detection of defects or deficiencies in such work, excluding the Engineer's responsibilities under its scope of work regarding contractor(s)' compliance in accordance with the Project plans and specifications, the Engineer will not bear any responsibility or liability for such defects or deficiencies or for the failure to so detect. The Engineer shall not make inspections or reviews of the safety programs or procedures of the construction contractor(s), and shall not review their work for the purpose of ensuring their compliance with safety standards. If the Engineer is called upon to review submittals from construction contractor(s), the Engineer shall review and approve or take other appropriate action upon construction contractor(s)' submittals such as shop drawings, product data and samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. The Engineer's action shall be taken with such reasonable promptness as to cause no delay in the work while allowing sufficient time in the Engineer's professional judgment to permit adequate review. Review of such submittals will not be conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities. 10 The Engineer shall not assume any responsibility or liability for performance of the construction services, or for the safety of persons and property during construction, or for compliance with federal, state and local statutes, rules, regulations and codes applicable to the conduct of the construction services. The Engineer shall have no influence over the construction means, methods, techniques, sequences or procedures. Construction safety shall remain the sole responsibility of the construction contractor(s). ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to the BCRUA in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. The Engineer warrants that the Engineer has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that the Engineer has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the BCRUA reserves and shall have the right to annul this Agreement without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. The Engineer covenants and represents that the Engineer, the Engineer's officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the Project. ARTICLE 26 INSURANCE (1) Insurance. The Engineer, at the Engineer's sole cost, shall purchase and maintain during the entire term while this Agreement is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise acceptable to the BCRUA. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of the Engineer, the Engineer shall require each subconsultant performing work under this Agreement to maintain during the term of this Agreement, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). The Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. The Engineer must retain the certificates of 11 insurance for the duration of this Agreement, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. The BCRUA shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that thirty (30) days prior to any material change in coverage, a notice thereof shall be given to the BCRUA by certified mail to: Program Manager Brushy Creek Regional Utility Authority 221 East Main Street Round Rock, Texas 78664 The Engineer shall also notify the BCRUA, within 24 hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. 2. Companies issuing the insurance policies shall have no recourse against the BCRUA for payment of any premiums or assessments for any deductibles which all are at the sole responsibility and risk of the Engineer. 3. The term "the Authority" or "the BCRUA" or "the Brushy Creek Regional Utility Authority" shall include all authorities, boards, commissions, departments, and officers of the BCRUA and the individual members, employees and agents therefor in their official capacities, and/or while acting on behalf of the BCRUA. 4. The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by the BCRUA, to any such future coverage, or to the BCRUA's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by the Engineer shall be borne solely by the Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with the BCRUA. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS The BCRUA shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by the Engineer for governmental purposes. 12 ARTICLE 28 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. The Engineer may not assign, sublet or transfer any interest in this Agreement, m whole or in part, by operation of law or otherwise, without obtaining the prior written consent of the BCRUA. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Agreement may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the Project, and records of accounts between the BCRUA and the Engineer, shall be kept on a generally recognized accounting basis and shall be available to the BCRUA or its authorized representatives at mutually convenient times. The BCRUA reserves the right to review all records it deems relevant which are related to this Agreement. ARTICLE 32 NOTICES All notices to either party by the other required under this Agreement shall be personally delivered or mailed to such party at the following respective addresses: Authority: Brushy Creek Regional Utility Authority Attention: Program Manager 221 East Main Street Round Rock, TX 78664 and to: 13 Stephan L. Sheets Sheets & Crossfield 309 E. Main St. Round Rock, Texas 78664 Engineer: Steven V. Lynk, P.E. Camp, Dresser & McKee, Inc. 12357-A Riata Trace Parkway, Suite 210 Austin, Texas 78727 and to: ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. The Engineer understands and agrees that time is of the essence and that any failure of the Engineer to complete the Services for each phase of this Agreement within the agreed Work Schedule may constitute a material breach of this Agreement. The Engineer shall be fully responsible for the Engineer's delays or for failures to use best efforts in accordance with the terms of this Agreement and the Engineer's standard of performance as defined herein. Where damage is caused to the BCRUA due to the Engineer's failure to perform, in these circumstances the BCRUA may accordingly withhold, to the extent of such damage, the Engineer's payments hereunder without waiver of any of the BCRUA's additional legal rights or remedies. (2) Force Majeure. Neither the BCRUA nor the Engineer shall be deemed in violation of this Agreement if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for the Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Agreement and that he/she has full and 14 complete authority to enter into this Agreement on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing the BCRUA to enter into this Agreement. IN WITNESS WHEREOF, the Brushy Creek Regional Utility Authority has caused this Agreement to be signed in its corporate name by its General Manager, duly authorized to execute same on its behalf by Resolution No. , approved by the BCRUA's Board of Directors on the day of the month of 20_, and the Engineer, Camp, Dresser & McKee, Inc., signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Printed Name: Title: Date Signed: ATTEST: By: BCRUA Administrative Secretary CAMP, DRESSER & McKEE, INC. By: Printed Name: Title: Date Signed: ATTEST: By: Corporate Secretary LIST OF EXHIBITS ATTACHED (1) Exhibit A BCRUA Services (2) Exhibit B Services to be Performed by the Engineer (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A BCRUA Services [Exhibit follows] EXHIBIT A BCRUA Services A. Provide specific points of contact and means for the Engineer to communicate with the Authority. B. Provide assigned personnel access to BCRUA facilities and interfaces with BCRUA electronic software, hardware, and applications. C. Provide the timely notification and full information of the Authority's requirements for the specific project, including the Authority's standard forms, conditions, and related documents. This includes timely notice to attend or not to attend meetings or when the Engineer's services are not required on an item. D. Furnish to the Engineer available information pertinent to the specific project including reports and data relative to designs, testing, or investigation at or adjacent to the site of the specific project. Facilitate the transfer of information regarding RFIs, submittals, pay applications, and other documents. E. Provide timely written decisions to the Engineer when requested. F. Give prompt written notice to the Engineer whenever the Authority observes or otherwise becomes aware of the presence at the site of any constituent of concern or of any other development that affects the scope or time of performance of the Engineer's services, or any defect or nonconformance in the Engineer's services, the work, or in the performance of any contractor. G. Authorize the Engineer to provide additional services as set forth in a change order. H. Arrange for safe access to and make all provisions for the Engineer to enter upon public and private property as required to perform services. I. Provide available reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the specific project. J. Advise the Engineer of the identity and scope of services of any independent consultants employed by the Authority to perforin or furnish services in regard to the specific project. K. Define and set forth the duties, responsibilities, and limitations of authority of other parties and the relation thereof to the duties, responsibilities, and authority of the Engineer. L. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of Samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of the Authority, prior to their incorporation into the work for the specific project with appropriate professional interpretation thereof. 1 of 2 M. In a timely manner, snake all available findings, field updated drawings, and reports available to the Engineer that the Engineer is required to review, act on, and make responses. N. Pay the Engineer in accordance with Texas State Law and the terms of the contract. 2 oft EXHIBIT B Services to be Performed by the Engineer [Exhibit follows] EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER Brushy Creek Regional Utility Authority Brushy Creek Regional Water Treatment PIant - Phase 1A Construction Phase Services Task 1: General Construction Phase and Warranty Services 1. Services under the General Construction Phase involve consulting with and advising the AUTHORITY during construction and are limited to those services associated with performing as the AUTHORITY's representative, including: a. Prepare monthly billing rate time and materials invoice reports including: expenditures to date, cost -to -budget information, with direct cost backup information submitted for out -of town site visits only. b. Prepare for and participate in a preconstruction conference on behalf of the AUTHORITY. c. Receive, review, and provide written comment on the adequacy of the Contractor's Schedule of Values, Submittal Schedule and Construction Schedule. d. Receive, review, and provide written comment on Contractor -prepared submittals including shop drawings, samples and O&M Manuals. For this effort, ENGINEER anticipates about 1600-1800 submittals; however, ENGINEER has only budgeted 1,400 submittals due to budgetary constraints. ENGINEER assumes that AUTHORITY will augment ENGINEER's budget from Contractor per Article 6.2.6 of Supplemental General Conditions, Section 00800, for repetitive submittal reviews. e. Review laboratory, shop, and mill test reports on materials and equipment. f. Receive, review and provide written response to all Contractor -generated Requests for Information (RFI) and Requests for Deviation (RFD). For this effort, ENGINEER anticipates about 500 RFIs and RFDs will be submitted by the Contractor. g. Visit the project site as construction proceeds to observe and attend biweekly construction progress meetings. h. Provide construction service -related consultation as necessary to the AUTHORITY Project Team during the course of construction. Such consultation may include, but is not limited to, the following: 1) Issuing necessary interpretations and clarifications of the Contract Documents and helping to resolve interpretation disputes. 2) Assisting in the development of deficiency lists as requested by the AUTHORITY, and making recommendations as to the acceptability of the work. 3) Preparing sketches required to resolve problems due to actual field conditions encountered. 4) Reviewing the reasonableness of Contractor -prepared Change Order Proposals. i. In conjunction with all of the above, prepare Change Order Proposal Requests for the AUTHORITY's consideration as necessary to deliver the intent of the Contract Documents. j. Determine amounts of progress payments due to Contractor based on degree of completion of the work determined by AUTHORITY's inspectors, and recommending issuance of such payments by the AUTHORITY. CDM Page 1 of 9 Engineer Services (EXHIBIT B).dot EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER k. When requested by the AUTHORITY, participate in inspections for substantial and final completion including recommendations concerning final payments to constructors and release of retained percentages. Subsequent to all inspections, ENGINEER will prepare work deficiency punch -lists for the Contractor's address. I. Conduct witnessed factory inspections with two AUTHORITY Project Team representatives including air travel, lodging, meals and miscellaneous related expenses of the Project's steel pipe supplier's manufacturing and fabrication facilities. Prepare and submit to the AUTHORITY Project Team five copies of a brief memorandum highlighting the results of each inspection visit. in. Continue coordination with regulatory agencies as requested by AUTHORITY. n. Monitor scheduling and control systems, process, tools, and resource planning for project controls. Monitor the flow of information to support project objectives. o. Review status updates for schedule and costs. Identify potential scheduling conflicts including utility "shutdown" requirements. p. Monitor document and records control for claims and proper storage at project completion. Review the contractor's baseline schedule and cost loaded summary schedule and any revisions to those schedules. Provide time impact analysis for change orders and schedule claims analysis. q. Review contractor monthly progress schedule updates and compares it to the approved schedule and makes monthly reports. Analyze and monitor cost and schedule trends and provide an independent assessment of progress and forecast at completion of schedule and cost. r. Provide cost estimates supporting the review and assessment of change requests and value engineering proposals. Prepare and monitors the operating budget. 2. Providing Warranty Services as follows: a. Receive, review and provide written response to Contractor -generated and submitted O&M Data, Startup, Testing, and Warranty Matrices submittals (hereinafter referred to as the Warranty Matrices) to verify compliance with the Contract Documents. Upon receipt of the submittal, maintain the warranty tracked Matrices document and provide quarterly updates to the AUTHORITY on the status of each service. Define a beneficial use date (or warranty start date) for all equipment and materials. b. Receive AUTHORITY input on equipment and material malfunctions or deficiencies, and notify the Contractor of all deficiencies or failures and request timely corrective actions. c. Assist the AUTHORITY in preparing correspondence to the Contractor to document, clarify and resolve discrepancies. d. Assist the AUTHORITY in planning, scheduling, facilitating and documenting meetings with the Contractor to discuss warranty related issues as requested by the AUTHORITY Project Team. ENGINEER assumes a maximum of 8 meetings will be necessary. e. Monitor Contractor's correction of all deficiencies and prepare and update a Warranty Service Order Log on a monthly basis and track warranty service order requests and corrective action response time. CDM Page 2 of 9 Engineer Serrtcee (EXHIBIT B).doc EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER f. Conduct a review of the Warranty Service Order Log prior to the one-year anniversary of the date of Substantial Completion and submit the updated Log to the AUTHORITY and Contractor for final resolution. g. Assist the AUTHORITY Project Team and Contractor to resolve warranty service order discrepancies. Task 2: Engineering Technical Consultation and Coordination 1. Provide consultation to the AUTHORITY as to the technical details of ENGINEER's design, and participate in various technical meetings and provide technical input as requested by the AUTHORITY. Task 3: Operation and Maintenance (O&M), Startup and Record Drawing Services 1. O&M Manual a. ENGINEER will prepare a plant specific O&M Manual for the BCWTP that will meet the requirements of the Texas Commission on Environmental Quality (TCEQ). The manual will serve as a reference for operations and maintenance personnel seeking engineering design information as well as operations and maintenance requirements and guidance. The manual will include sections for each process facility inchuding: 1) Raw water conveyance 2) Treatment structure including rapid -mix, flocculation, and sedimentation facilities 3) Filtered water conveyance 4) Chemical storage and feed facilities 5) Disinfection facilities (i.e., pre- and post- disinfection systems) 6) High -rate gravity filtration and backwashing systems 7) Filter control box 8) Finished water conveyance 9) Finished water distribution pumping and metering, and 10) Finished water ground and elevated storage. 11) Washwater settling and decant basin systems 12) Solids handing facilities including sludge pumping, sludge thickener, and dewatering facilities 13) Wastewater lift station 14) Electrical 15) Safety, security and access control systems b. The manual will include functional overviews, process diagrams, process descriptions, digital images of installed equipment, design criteria, instrumentation and control and operations mode descriptions, record drawings, equipment information tables, safety practices including material safety data sheets, and equipment specific operation and maintenance information as provided by the general construction contractor. Equipment descriptions will include an explanation of how individual pieces of provided equipment serve the systems and processes they are a part of and how the systems and processes should be operated to achieve the engineered intent. Page 3 of 9 Engineer Services (EXHIBIT B).doc EXHIBIT 13 SERVICES TO BE PERFORMED BY THE ENGINEER c. The manual will also provide guidance to operations personnel on plant systems including: 1) Disinfection CT calculation and compliance 2) Selection of chlorine application points for CT compliance and disinfection by-product mitigation 3) Chemical flow pacing and assignment of metering devices to application points using the plant control system 4) Chemical feed dosage calculations and settings, 5) Gravity filter ripening turbidity spike minimization, and 6) Regulatory compliance and laboratory testing requirements d. The manual will be delivered in a hard copy version that will be prepared in a format that follows the guidelines and meets the requirements of the TCEQ. TCEQ requires the following information be included in the manual: 1) Operations information for operator review and reference 2) Routine maintenance and repair procedures 3) Protocols to be utilized in the event of a natural or man-made catastrophe and telephone numbers of water system personnel, system officials and local/state/federal agencies to be contacted in the event of an emergency. 4) Procedures that operations personnel will use to verify that leaks have not developed in the common wall between the settled water flume and filtered water gullet in each filter. Procedure must also describe record keeping procedures of all inspections conducted for the first 3 years of operation. e. The manual will be structured to have the following features: 1) Operations and maintenance text will be displayed in an easy to read format. The user will be able to use the document's Table of Contents to locate specific information. 2) ENGINEER will gather information necessary for preparing the O&M Manual and developing the format of the manual. ENGINEER will prepare the draft manual to incorporate the major sections of the plant. Two (2) draft copies of the O&M manual will be delivered to the plant staff for review and comment. 3) ENGINEER will incorporate BCRWTP staff comments and deliver two (2) hard copies of the final O&M Manual to plant staff. 2. Startup Services a. Assist the General Construction Contractor with the startup and commissioning of new Plant, equipment, systems and processes. Assistance will include review and comment on Contractor -prepared startup plan for the new BCRWTP; review of equipment startup prerequisites and startup readiness with the Contractor; determination of whether planned startup activities properly demonstrate equipment, system and/or process performance and functionality; making recommendations for initial process equipment set points; making recommendations for performance and/or functionality testing to augment that being proposed by the General Construction Contractor; and documenting the results of all startup and commissioning activities in the form of a startup and commissioning log. ENGINEER wilI provide startup and commissioning services on the following equipment: 1) Vertical Shaft Flocculators CDM Page 4 of 9 Engineer Services (EXHIBIT B).doc EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER 2) Chain and Flight Sludge Collection Equipment 3) Gravity filter and backwash systems including backwash pumps and air scour blowers 4) Washwater Settling and Decant Basin Clarification Equipment 5) Submersible Washwater Recycle Pumps 6) Chemical Metering Pumps and Appurtenances 7) Polymer Feed Units 8) Hose Pumps and Appurtenances 9) Potassium Permanganate Feed System 10) Submersible Sludge Pumps 11) Sludge Thickener Equipment 12) Progressive Cavity Pumps and Appurtenances 13) SIudge Polymer Feed System 14) Belt Filter Press 15) Vertical Turbine Can Pumps - Booster Pumps and Pump Control Valves 16) Submersible Wastewater Lift Station Pumps b. Prepare and submit a revised CT Study for the proposed BCRWTP when construction is approximately 90% complete with as -built dimensions. ENGINEER will submit plan for TCEQ review and approval. c. Prepare and submit a Raw Water Monitoring Plan for TCEQ review and approval that meets the requirements of 30 TAC 290.111(b). PIan will be submitted prior to commencement of operations. 3. Record Drawing Services a. Integrate the general contractor's compiled red -line markings into the electronically produced conformed drawing documents using Autodesk AutoCAD. Annotate the updated AutoCAD documents electronically to indicate the source of the update (i.e. RFI No., Change Order No., Contractor's records, Engineer's records, etc.) and highlight the update using an agreed -to highlight method. Maintain the working electronic record drawing documents and upload such files to an offsite back-up drive on two-week intervals. b. Upon receiving and reviewing the general construction contractor's last installment of as - built construction information and incorporating such information, along with other ENGINEER provided construction record information, into the electronic Record Documents; submit completed Project Record Documents to the AUTHORITY Project Team as follows: 1) One electronic read/write copy of all Project Record Drawing Documents in Autodesk, AutoCAD format. 2) One set of Mylar film printed Project Record Drawing Documents in 22" x 34", double - mat, 3.5 to 4.0 mil, format. 3) Two sets of one-half size paper printed Project Record Drawing Documents in 20 - pound, bound, format. CDM Page 5of9 Engineer Serdces (EXHIBIT B).doc EXHIBIT 13 SERVICES TO BE PERFORMED BY THE ENGINEER 4) All hard copy versions of submitted Project Record Documents will include affixed professional Engineer or Architect of Record seals (as appropriate) with signatures and dates. c. Prepare and submit to the AUTHORITY Project Team a Microsoft Excel -based template for use in identifying fixed assets resulting from the work in AUTHORITY's future asset management system. Modify template based on received comments and populate to reflect the fixed assets resulting from the work. Submit five copies of the completed fixed asset spreadsheets to the AUTHORITY Project Team for record purposes. Task 4:Application Engineering Services 1. Coordination and Quality Control a. Maintain overall quality assurance / quality control (QA/QC) throughout the duration of the project. b. Submit monthly progress reports describing status, work completed since the last report, anticipated work to be completed during the next reporting period, updated AES progress schedule, List of outstanding issues that require resolution by others, c. Perform and attend up to five one -day coordination meetings as directed by the AUTHORITY staff. d. ENGINEER anticipates attending up to eight construction progress Meetings with AUTHORITY personnel and the contractors throughout the startup phase of construction to aide in commissioning the system. 2. Submittals a. Project Plan Submittal 1) Prepare project plan to detail the work approach, work schedule indicating milestones and potential meetings, project organization, overview of system programming, details of factory testing and field testing, details of training programs, and deliverables. b. Control Loop Narratives Submittal 1) Provide details required from a programming perspective such as software permissives, failure scenarios, etc. Upon receipt of submittal approval, ENGINEER will use these documents, along with the programming standards previously developed as the basis for PLC programming and HMI graphic display development. 2) Process Graphic Displays and I/O Submittal 3) Develop process graphic displays and trends in accordance with the approved HMI system standards and conventions. 4) Conduct Process Graphic Display one -day workshop with AUTHORITY personnel to aide in obtaining detailed continents regarding the graphics that have been implemented. c. Testing Pian Submittal 1) Detail approach for testing of the various components of the system to ensure the HMI/PLC programming accurately depicts the requirements set forth within the design documents. CDM Page 6 of 9 Engineer Services (EXHIBIT 84.doc EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER 2) Define the overall tests anticipated for the various construction projects, sample test forms and procedures, and test approval and punch list procedures. d. Training Plan Submittal 1) Describe courses for operations, maintenance, and management staff. Coordinate training with the AUTHORITY staff so that the schedule and content meets their needs. e. Reports Submittal 1) Conduct a one day Reports Workshop with the AUTHORITY staff to discuss requirements and determine all report definitions and formats. 3. Programming, Configuration and Startup Services a. HMI Database and Configuration 1) Develop the HMI database and the configuration of the Operator Workstations (OWS). The HMI database defines all I/O interface points between the PLC and HMI nodes. 2) Develop up to 60 displays, including process and associated pop -ups, to reflect the equipment and I/O provided under the Phase 1A construction project. 3) Develop a trending scheme that allows the users to configure and save user -defined trends. b. Control Logic Programming 1) Develop a field I/O list and PLC database list for coordination with other Contractors. The Field I/O list will include tag name, description, rack, slot, and point for each PLC. The PLC database list will include tag name, description, point type (AI, DL etc.), data type (Real, Integer, Boolean, etc.), and the register address to be used for data transfer by other systems. 2) ENGINEER will use the PLC programming standards and conventions as the basis for Logic development and organization on this project. Hardware and software will be provided to ENGINEER for its use in development, testing and commissioning of the PLC logic. 3) During construction, an Early Development System (EDS), as defined in the contract documents, will be shipped to ENGINEER's office by the Process Control System Supplier (PCSS) for use by ENGINEER throughout the programming phase. c. Historical Database/Reports 1) Provide the programming and configuration of the historical data management system. Historical data will be available for trending and report generation. ENGINEER has budgeted to provide up to 10 single page operational reports for this construction project. An operational report is defined as a single 8 1/2 X 11 inch page. The reports development will commence based on the approved final reports submittal. d. Coordination/Review Meetings 1) ENGINEER will attend up to three one -day coordination meetings with the PCSS. The primary purpose of these meetings is to allow ENGINEER's programmers the opportunity to coordinate issues with the PCSS throughout their construction efforts. e. Testing and Startup System Support CDM Page 7 of 9 Engineer Services (EXHIBIT ).doc EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER 1) ENGINEER will conduct an un -witnessed Pre -Factory Configuration Development and Test at ENGINEER's staging facility. By utilizing the Early Development System (EDS) provided by the PCSS, ENGINEER will perform equipment configuration, develop, install and test the HMI and PLC application software programs required for the control system. This test will verify the functionality, performance, and stability of the HMI and PLC programming software. 2) ENGINEER will conduct an un -witnessed System Integration Test at the PCSS' staging facility. ENGINEER will install the application software onto the control system. The purpose of this test will be to verify the functionality, performance, and stability of the control system hardware and software as a complete integrated system. The objective of this test is to confirm the control system is ready for demonstration to the AUTHORITY. This test will include a complete point -by -point test. ENGINEER's scope assumes that the PCSS will assist in the test and will correct any deficiencies with the equipment and control panels in a timely manner. 3) ENGINEER will conduct a Witnessed Factory Test at the PCSS system staging facility. ENGINEER will demonstrate to the AUTHORITY representative that the control system operates as designed. The test will demonstrate the system I/O functionality, process graphic displays, PLC control logic, historical data collection, storage, retrieval, and reports. ENGINEER's scope assumes that the PCSS will assist in the test and will correct any deficiencies with the equipment and control panels in a timely manner. 4) ENGINEER will provide field startup services, including confirmation of field I/O, graphics, trends, alarms, reports, and process control strategy startup. ENGINEER's scope assumes that the PCSS will assist in the field testing and startup and will correct any deficiencies in the installation and equipment operation in a timely manner. Once a facility is started up and is operating, ENGINEER will demonstrate to the AUTHORITY representative that the control system application software performs as designed. The system application engineering services shall be considered substantially complete for this construction project when the system has met the design intent and any minor problems or issues have been noted on the project punch list. 4. Training a. Operations Training 1) ENGINEER will provide training to operations staff as it relates to monitoring and controlling process operation for this project. ENGINEER will provide two identical sessions (3 days each session) for up to 10 students during each session. ENGINEER will coordinate scheduling to meet the needs of the AUTHORITY operations personnel. b. Management Training 1) ENGINEER will provide training to management staff. Management will be given an overview of the control system configuration and operation. ENGINEER will provide one session lasting 2 hours. ENGINEER will coordinate scheduling to meet the needs of the AUTHORITY Management staff. DM Page8of9 Engineer Services (EXHIBIT B(.doe EXHIBIT B SERVICES TO BE PERFORMED BY THE ENGINEER c. System Administrator Training 1) ENGINEER will provide training to System Administrator staff as it relates to monitoring and controlling process operation for this project. ENGINEER will provide one, five-day session for up to 5 students. The primary purpose of this training will be to review the specific programming developed by ENGINEER. ENGINEER will coordinate scheduling to meet the needs of the AUTHORITY personnel. 5. Documentation a. System Documentation 1) ENGINEER will assemble final documentation generated from the previously defined activities for this project. The final documentation will consist of the final control loop narratives (Hard and soft copy), the final Process Graphic Displays (Hard and soft copy), the PLC control logic programs (Soft copy only), and the HMI programming applications (Soft copy only). The soft copies of the documents generated will be provided in the Adobe PDF format and in the native programming language, where appropriate. CDM Page9of9 Engineer Services (EXHIBIT B).doc EXHIBIT C Work Schedule [Exhibit follows] EXHIBIT C WORK SCHEDULE Brushy Creek Regional Utility Authority Brushy Creek Regional Water Treatment Plant - Phase 1A Construction Phase Services The Work Schedule for this project will be completed as follows: Task Task No. Task Descrtion Timeline* 1.0 GENERAL CONSTRUCTION PHASE AND WARRANTY SERVICES 1.1 GENERAL CONSTRUCTION PHASE SERVICES 1-31 months 1.2 WARRANTY SERVICES 28-43 months 2.0 ENGINEERING TECHNICAL CONSULTATION AND COORDINATION 1-2 months 3.0 O&M MANUAL, STARTUP, & RECORD DRAWING SERVICES 3.1 O&M MANUAL 10-30 months 3.2 STARTUP SERVICES 27-31 months 3.3 RECORD DRAWING SERVICES 31-35 months 4.0 APPLICATION ENGINEERING SERVICES 6-31 months * Work will be completed within months listed herein. Page 1 of l Work Schedule (EXNEBIT C).doc EXHIBIT D Fee Schedule [Exhibits follow] EXHIBIT D FEE SCHEDULE Brushy Creek Regional Utility Authority Brushy Creek Regional Water Treatment Plant - Phase 1A Construction Phase Services The Fee Schedule for this project will be as follows: Task Task No. Task Description Cost 1.0 GENERAL CONSTRUCTION PHASE AND WARRANTY SERVICES 1.1 GENERAL CONSTRUCTION PHASE SERVICES $1,700,801 1.2 WARRANTY SERVICES $43,800 2.0 ENGINEERING TECHNICAL CONSULTATION AND COORDINATION $20,490 3.0 O&M MANUAL, STARTUP, & RECORD DRAWING SERVICES 3.1 O&M MANUAL $316,310 3.2 STARTUP SERVICES $98,450 3.3 RECORD DRAWING SERVICES $126,752 4.0 APPLICATION ENGINEERING SERVICES $606,435 TOTAL $2,913,038 CDM Page l of 2 Fee Schedule (EXHIBIT D).doe Fee Schedule (EXHIBIT D)_doe N 0 O N N 0) 16 a o EXHIBIT E Certificates of Insurance [Exhibit follows] CERTIFICATE OF LIABILITY INSURANCE PRODUCER:Aon Risk Services, Inc. of Massachusetts One Federal Street Boston. MA 02110 phone: 850.283-7122 E-mail: INSURED: Camp Dresser & McKee One Cambridne Place 50 Hampshire Place Cambridoe. MA 02139 phone: 1617) 452-6070 E-mail: EXHIBIT E Date:1/16/09 TDI number required. Please refer to the Texas Dept of Insurance website: )►ftp:(1www.tdLstate.tx.us/ THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL0837663213 1/1/09 111/10 GENERAL AGGREGATE $2,000.000 PRODUCTS-COMP/OP AGG. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 51.000,000 FIRE DAMAGE (Any one fire) $100,000 MED. EXPENSE (Any one person) 510,000 A AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT 52,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE AGGREGATE c 55,000,000 $5,000,000 WORKERS' COMPENSATION WC837663314 STATUTORY LIMITS $yes AND EMPLOYERS' LIABILITY 1/1/09 1/1/10 EACH ACCIDENT 51,000,000 DISEASE - POLICY LIMIT $1,000,000 DISEASE - EACH EMPLOYEE 51,000,000 p PROFESSIONAL. LIABILITY QK0901367 1/1/09--1/1/10 Each Claim Aggregate $1,000,000 $1,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS The i3CRUA Is named as additional Insured with respect to - I policies except 'Workers' Co + • enation and Employers' Liability' and 'Professional Liability'. Should any of the above describe • olicles be cancelled or chang- • before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the ificate holder named be d CERTIFICATE HOLDER: Board President / Brushy Creek Regional Utility Authority SIGN UR F TEXAS 221 E. Main Street Round Rock, Texas 78664 �l`/y'I,, r - ,'I.,1 Typed Name: Sandra Ray Title: Broker 128384 Page 2 00650 —12-2008 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Zurich American Ins Co 95322 B American Zurich Ins Co 88800 C ACE American Insurance Company 42160 D Lloyd's of London 10873320 THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS A GENERAL LIABILITY GL0837663213 1/1/09 111/10 GENERAL AGGREGATE $2,000.000 PRODUCTS-COMP/OP AGG. $2,000,000 PERSONAL & ADV. INJURY 51,000,000 EACH OCCURRENCE 51.000,000 FIRE DAMAGE (Any one fire) $100,000 MED. EXPENSE (Any one person) 510,000 A AUTOMOBILE LIABILITY BAP837663113 1/1/09 1/1/10 COMBINED SINGLE LIMIT 52,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY X00023890999 1/1/09 1/1/10 EACH OCCURRENCE AGGREGATE c 55,000,000 $5,000,000 WORKERS' COMPENSATION WC837663314 STATUTORY LIMITS $yes AND EMPLOYERS' LIABILITY 1/1/09 1/1/10 EACH ACCIDENT 51,000,000 DISEASE - POLICY LIMIT $1,000,000 DISEASE - EACH EMPLOYEE 51,000,000 p PROFESSIONAL. LIABILITY QK0901367 1/1/09--1/1/10 Each Claim Aggregate $1,000,000 $1,000,000 BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS The i3CRUA Is named as additional Insured with respect to - I policies except 'Workers' Co + • enation and Employers' Liability' and 'Professional Liability'. Should any of the above describe • olicles be cancelled or chang- • before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the ificate holder named be d CERTIFICATE HOLDER: Board President / Brushy Creek Regional Utility Authority SIGN UR F TEXAS 221 E. Main Street Round Rock, Texas 78664 �l`/y'I,, r - ,'I.,1 Typed Name: Sandra Ray Title: Broker 128384 Page 2 00650 —12-2008 Certificate of Liability Insurance DATE: November 17, 2009 SUBJECT: City Council Meeting — November 24, 2009 ITEM: 8B1. Consider a resolution authorizing the Brushy Creek Regional Utility Authority (BCRUA) to execute an Agreement for Construction Phase Engineering Services with Camp, Dresser & McKee, Inc. Department: Staff Person: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities Justification: This agreement is for engineering construction phase services and warranty services for the BCRUA Water Treatment Plant (WTP), Phase 1A Project. The major work items consist of construction administration and construction management support for the BCRUA. Estimated completion of the construction phase services is 31 months with an additional 12 months added for equipment warranty support services. The total cost for this Agreement is $2,913,038 and will be distributed to the Cities based on their allocated capacity in the water treatment plant. Round Rock's allocated percentage is 35%, which totals $1,019,563.30 of the construction phase services cost. Strategic Plan Relevance: Public Health and Safety Strategic Initiative Goal No. 27.0 "Ensure there is an adequate, affordable and safe water supply." Funding: Cost: Source of funds: $1,019,563.30 Regional Water Fund Outside Resources: Cities of Cedar Park and Leander Public Comment: N/A