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R-13-10-24-F5 - 10/24/2013RESOLUTION NO. R -13-10-24-F5 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with CDM Smith, Inc. for the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement Project, and WHEREAS, CDM Smith, Inc. has submitted Supplemental Contract No. 4 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 4 with CDM Smith, 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 Contract No. 4 to the Contract with CDM Smith, 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 24th day of October, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1304;00284578 STATE OF TEXAS COUNTY OF WILLIAMSON • EXHIBIT SUPPLEMENTAL CONTRACT NO. 4 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CDM Sinitli, Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, TX 78727 PROJECT: Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement This Supplemental Contract No. 4 to Contract for Engineering Services is made by and between the CITY OF ROUND ROCK, (hereinafter referred to as "Round Rock"), the CITY OF CEDAR PARK, (hereinafter referred to as "Cedar Park"), the CITY OF LEANDER, (hereinafter referred to as "Leander"), (all collectively referred to hereinafter as "Owners") and CDM Smith, Inc., formerly dba Camp Dresser & McKee, Inc., (hereinafter called the "Engineer"). WHEREAS, the Owners and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 21st day of December, 2006 for the Water Treatment Plant for the Cedar Park / Round Rock / Leander Regional Water System Improvement Project in the amount of $703,112.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 1 on April 12, 2007 to modify the provisions for the scope of services, to increase the compensation by $2,606,800.00 to a total of $3,309,912.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 2 on September 13, 2007 to modify the provisions for the scope of services, to increase the compensation by $850,693.00 to a total of $4,160,605.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 3 on October 23, 2008 to modify the provisions for the scope of services, to increase the compensation by $953,804.00 to a total of $5,114,409.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $159,855.00 to a total of $5,274,264.00; NOW THEREFORE, premises considered, the Owners and the Engineer agree that said Contract is amended as follows: Supplemental Contract Rev.12/01/08 0140.4634-35 84275 00283511 1 Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit D, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit D. II. Article 4, Compensation and Exhibit E, Fee Schedule shall be amended by increasing by $159,855.00 the lump sum amount payable under the Contract for a total of $5,274,264.00, as shown by the attached Addendum to Exhibit E. IN WITNESS WHEREOF, the Owners and the Engineer have executed this Supplemental Contract. Supplemental Contract Rev.12/01/08 0140.4634-35 84275 00283511 2 CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk Stephan L. Sheets, City Attorney Supplemental Contract Rev.12/01/08 0140.4634-35 84275 00283511 3 CITY OF CEDAR PARK, TEXAS APPROVED AS TO FORM: By: Brenda Eivens, City Manager ATTEST: By: LeAnn Quinn, City Secretary Supplemental Contract 0140.4634-35 00283511 4 Charles Rowland, City Attorney Rcv.12/01/08 84275 CITY OF LEANDER, TEXAS APPROVED AS TO FORM: By: Chris Fielder, Mayor ATTEST: By: Debbie Haile, City Secretary Paige Saenz, Attorney Supplemental Contract Rev.12/01/08 0140.4634-35 54275 00283511 5 CDM SMITH, INC. (Formerly dba CAMP DRESSER & McKEE INC.) By: Allen D. Woelke, P.E., Vice President Supplemental Contract Rev.12/01/08 0140.4634-35 84275 00283511 6 ADDENDUM TO EXHIBIT B Engineering Services Task 1: Provide Additional General Contractor Pre -Qualification Packages 1. Updated and reviewed Pre -Qualification package with OWNER. 2. Coordinated Pre -Qualification legal advertisements with Round Rock Leader and Hill Country News for publication. 3. Pre -qualified an additional contractor making it eight pre -qualified general contractors. 4. Reviewed contractor follow-up information and distributed to OWNER. 5. Reviewed, verified, and summarized pre -qualification packages in matrix form. 6. Conducted Pre -Qualification Workshop with OWNER and revised questionnaire and clarifications. 7. Assigned Pre -Qualification approval to eight general contractors. 8. Responded to follow-up questions and communications as necessary. Task 2: Update Preliminary Design Report to Incorporate VE Items 1. Revise Preliminary Design Report (PDR), as required, to incorporate PDR Addendum prepared for Texas Water Development Board (TWDB) that describes Phase IA (i.e., 17 MGD capacity) and how it differs from the original PDR phasing (i.e., Phase 1 - 30 MGD capacity). 2. Prepared TWDB Supplemental Information Submittal, dated February 2009. This document was delivered to the OWNER and TWDB/TCEQ on February 26, 2009. 3. Submit six (6) copies to the OWNER for review and comment. 4. Address comments and submit ten (10) final copies to the OWNER. Task 3: Provide Responses to Texas Water Development Board (TWDB) Information Requests 1. Prepared and submitted five (5) resubmittals/revisions to the Environmental Assessment (EA) to TWDB and OWNER dated October 15, 2008, December 4, 2008, March 9, 2009, April 27, 2009 and June 19, 2009. Each of these submittals addressed Action Items from previous TWDB project meetings. 2. Received comments, revised EA and transmitted copies of revised EA to TWDB and OWNER. 3. Provide TWDB Funding Application Assistance a. Prepared and provided TWDB Loan Closing Documents and related matters. b. Prepared briefing materials and attended a meeting with TWDB staff on June 17, 2009 to discuss finalization of OWNER's loan and the requirements for acquiring Distribution Lines 2A and 2B. c. Prepared and provided the final Phase lA Loan Closing Funding Allocation spreadsheet to TWDB on June 24, 2009. d. Prepared briefing materials and attended a meeting with OWNER's Finance Department personnel regarding the Phase l A Loan Closing Funding Allocation. 1 4. Provide TWDB Water Rights Determination Assistance a. In response to TWDB's Water Rights Determination Information Request on March 25, 2009, ENGINEER provided assistance and prepared detailed written memorandums to TWDB, dated May 4, 2009, May 5, 2009 and May 8, 2009. b. CDM Smith communicated with OWNER and TWDB, as necessary to prepare the responses and provide all information requested by TWDB. Task 4: Revise General Conditions (Division 0) - Bid Documents 1. Prepared a draft version of Division 0 based on City of Round Rock's General Conditions, Section 00700. 2. Prepared meeting materials and conducted meetings with Jacobs Engineering, Lockwood, Andrews & Newnam (LAN), Karen Friese & Associates (KFA) and OWNER on April 24, 2009 and May 5, 2009 to review and coordinate the revised Division 0 documents. 3. Revised Round Rock's Section 00800 based on the City's input and submitted the document to other subconsultants on May 12, 2009. 4. Conducted follow-up meetings with the OWNER and other design firms to review the revised documents and to establish final Phase IA Supplemental General Conditions and other Division 0 specifications. Task 5: Revise Size of the SIudge Dewatering Facility (SDF) to Decrease Cost 1. Revise the Contract Documents (plans and specifications) by reducing the floor area of the Sludge Dewatering Facility by 25 percent and the height by about six - feet that resulted in an estimated construction cost savings of $240,000. 2. This work included changes to the civil, structural, architectural, process mechanical and electrical drawings. Task 6: Incorporate the Elevated Storage Tank (EST) into the Phase ILA Project 1. Revise the Contract Documents (plans and specifications) by adding four new specification sections, modifying approximately 15 specification sections, adding approximately 18 new Drawings, and modifying approximately 32 Drawings to incorporate the following changes: a. Include the Elevated Storage Tank (EST) in the base bid, and show it being removed as a deductive alternate. b. Include the (3) 500HP Booster Pumps with 24" control valves and discharge piping in the base bid, and show the (1) 500HP Booster Pump with 24" control valve and discharge piping and (2) 250HP Booster Pumps with 18" control valves and discharge piping as a deductive alternate. c. Locate the telemetry antenna atop the EST in the base bid, and show it being relocated to the TSC in a deductive alternate. d. Locate a site access roadway to the EST in the base bid, and show it being removed in a deductive alternate. e. Revise Division 0's Bid Form and Section 01026, Measurement and Payment and all related specification sections to include the EST in the Base Bid and as a Deductive Alternate Bid Item. 2 ADDENDUM TO EXHIBIT D Work Schedule TASK No. TASK DESCRIPTION END DATE 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE- COMPLETE QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO COMPLETE INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT COMPLETE BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) - BID COMPLETE DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY COMPLETE (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK (EST) COMPLETE INTO THE PHASE 1A PROJECT ADDENDUM TO EXHIBIT E Fee Schedule TASK No. TASK DESCRIPTION TASK COST 1.0 PROVIDE ADDIJ.'IONAL GENERAL CONTRACTOR PRE- $8,361 QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO $31,948 INCORPORA 1'E VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT $34,394 BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) -- BID $9,573 DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY $21,273 (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANI (EST) $54,306 INTO THE PHASE 1A PROJECT TOTAL $159,855 RROUND ROCK TEXAS wr'a E neon PROSPFWTC City of Round Rock Agenda Item Summary Agenda Number: F.5 Title: Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 4 with CDM Smith, Inc. for engineering services for the BCRUA Water Treatment Plant. Type: Resolution Governing Body: City Council Agenda Date: 10/24/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $159,855.00 Indexes: Regional Water Fund Attachments: Resolution, Exhibit A Text of Legislative File 13-816 CDM Smith, Inc. was selected by the Cities of Round Rock, Cedar Park, and Leander as the design firm for the Brushy Creek Regional Utility Authority (BCRUA) - Water Treatment Plant. This Supplemental Agreement No. 4 is for additional services associated with the BCRUA project. These services include the following: • Provided additional General Contractor Pre -Qualification packages • Updated Preliminary Design Report to incorporate Value Engineering items • Provided responses to Texas Water Development Board information requests • Revised General Conditions of the Bid Documents • Revised size of the Sludge Dewatering Facility to decrease cost • Incorporated the Elevated Storage Tank in the Phase 1A project Although the BCRUA has not issued a final acceptance of the treatment plant, the plant is in operation and treating between 4 to 5 million gallons per day (mgd). Cedar Park and Leander are taking treated water at this time. It is anticipated that Round Rock will not take water from the regional system until around 2016. This Supplemental Agreement is for $159,855 which brings the total cost of the engineering contract for design and bidding phase services to $5,274,264. The engineering fees will be paid on a percentage of each City's ultimate capacity in the Water Treatment Plant. Round Rock's share is 38.56% or $2,033,756.20 of the total contract cost, which is based on an ultimate capacity in the system of 40.8 mgd. The contract was already approved by the Round Rock City Council on May 23, 2013, City of Round Rock Page 1 Printed on 10/18/2013 Agenda Item Summary Continued (13-816) however, it must be approved by all three cities, so Round Rock is having to approve it again. The amount of the contract is the same as the first time it was brought forth. This is merely a formality. Staff recommends approval. City of Round Rock Page 2 Printed on 10/18/2013 EXECUTED ORIGINAL DOCUMENT FOLLOW 1 STATE OF TEXAS COUNTY OF WILLIAMSON SUPPLEMENTAL CONTRACT NO. 4 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CDM Smith, Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, TX 78727 PROJECT: Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement This Supplemental Contract No. 4 to Contract for Engineering Services is made by and between the CITY OF ROUND ROCK, (hereinafter referred to as "Round Rock"), the CITY OF CEDAR PARK, (hereinafter referred to as "Cedar Park"), the CITY OF LEANDER, (hereinafter referred to as "Leander"), (all collectively referred to hereinafter as "Owners") and CDM Smith, Inc., formerly dba Camp Dresser & McKee, Inc., (hereinafter called the "Engineer"). WHEREAS, the Owners and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 21st day of December, 2006 for the Water Treatment Plant for the Cedar Park / Round Rock / Leander Regional Water System Improvement Project in the amount of $703,112.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 1 on April 12, 2007 to modify the provisions for the scope of services, to increase the compensation by $2,606,800.00 to a total of $3,309,912.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 2 on September 13, 2007 to modify the provisions for the scope of services, to increase the compensation by $850,693.00 to a total of $4,160,605.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 3 on October 23, 2008 to modify the provisions for the scope of services, to increase the compensation by $953,804.00 to a total of $5,114,409.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $159,855.00 to a total of $5,274,264.00; NOW THEREFORE, premises considered, the Owners and the Engineer agree that said Contract is amended as follows: Supplemental Contract Rev_12/01/08 0140.4634-35 84275 00283511 I. Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit D, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit D. II. Article 4, Compensation and Exhibit E, Fee Schedule shall be amended by increasing by $159,855.00 the lump sum amount payable under the Contract for a total of $5,274,264.00, as shown by the attached Addendum to Exhibit E. IN WITNESS WHEREOF, the Owners and the Engineer have executed this Supplemental Contract. Supplemental Contract 0140.4634-35 00283511 2 Rev.12/01 /08 84275 • CITY OF ROUND ROCK, TEXAS By: OM�l Alan McGraw, Mayor ATTEST: By: Sara L. White, City Clerk Supplemental Contract 0140.4634-35 00283511 3 APPROVED AS TO FORM: Stephan Sheets, City Attorney Rev.12/01 /08 84275 CITY OF CEDAR PARK, TEXAS By: W eAtV6LCU� Brenda Eivens, City Manager ATTEST: By: LeAnn Quinn, City Secretary Supplemental Contract 0140.4634-35 00283511 4 APPROVED AS TO FORM: Charles Rowland, City Attorney Rev.12/01/08 84275 CITY OF LEANDER, TEXAS APPROVED AS TO FORM: By Chris Fiel Mayor Paige Saenz, Attorney ATTEST: By: Debbie Haile, City Secretary Supplemental Contract 0140.4634-35 00283511 5 Rev.12/01 /08 84275 CDM SMITH, INC. (Formerly dba CAMPSSER & MCKEE INC.) By: / ► X.� Allen D. Woelke, P.E., Vice President Supplemental Contract 0140.4634-35 00283511 Rev.12/01 /08 84275 ADDENDUM TO EXHIBIT B Engineering Services Task l: Provide Additional General Contractor Pre -Qualification Packages 1. Updated and reviewed Pre -Qualification package with OWNER. 2. Coordinated Pre -Qualification legal advertisements with Round Rock Leader and Hill Country News for publication. 3. Pre -qualified an additional contractor making it eight pre -qualified general contractors. 4. Reviewed contractor follow-up information and distributed to OWNER. 5. Reviewed, verified, and summarized pre -qualification packages in matrix form. 6. Conducted Pre -Qualification Workshop with OWNER and revised questionnaire and clarifications. 7. Assigned Pre -Qualification approval to eight general contractors. 8. Responded to follow-up questions and communications as necessary. Task 2: Update Preliminary Design Report to Incorporate VE Items 1. Revise Preliminary Design Report (PDR), as required, to incorporate PDR Addendum prepared for Texas Water Development Board (TWDB) that describes Phase IA (i.e., 17 MGD capacity) and how it differs from the original PDR phasing (i.e., Phase 1 - 30 MGD capacity). 2. Prepared TWDB Supplemental Information Submittal, dated February 2009. This document was delivered to the OWNER and TWDB/TCEQ on February 26, 2009. 3. Submit six (6) copies to the OWNER for review and comment. 4. Address comments and submit ten (10) final copies to the OWNER. Task 3: Provide Responses to Texas Water Development Board (TWDB) Information Requests 1. Prepared and submitted five (5) resubmittals/revisions to the Environmental Assessment (EA) to TWDB and OWNER dated October 15, 2008, December 4, 2008, March 9, 2009, April 27, 2009 and June 19, 2009. Each of these submittals addressed Action Items from previous TWDB project meetings. 2. Received comments, revised EA and transmitted copies of revised EA to TWDB and OWNER. 3. Provide TWDB Funding Application Assistance a. Prepared and provided TWDB Loan Closing Documents and related matters. b. Prepared briefing materials and attended a meeting with TWDB staff on June 17, 2009 to discuss finalization of OWNER'S loan and the requirements for acquiring Distribution Lines 2A and 2B. c. Prepared and provided the final Phase 1A Loan Closing Funding Allocation spreadsheet to TWDB on June 24, 2009. d. Prepared briefing materials and attended a meeting with OWNER's Finance Department personnel regarding the Phase 1 A Loan CIosing Funding Allocation. 1 4. Provide TWDB Water Rights Determination Assistance a. In response to TWDB's Water Rights Determination Information Request on March 25, 2009, ENGINEER provided assistance and prepared detailed written memorandums to TWDB, dated May 4, 2009, May 5, 2009 and May 8, 2009. b. CDM Smith communicated with OWNER and TWDB, as necessary to prepare the responses and provide all information requested by TWDB. Task 4: Revise General Conditions (Division 0) - Bid Documents 1. Prepared a draft version of Division 0 based on City of Round Rock's General Conditions, Section 00700. 2. Prepared meeting materials and conducted meetings with Jacobs Engineering, Lockwood, Andrews & Newnam (LAN), Karen Friese & Associates (KFA) and OWNER on April 24, 2009 and May 5, 2009 to review and coordinate the revised Division 0 documents. 3. Revised Round Rock's Section 00800 based on the City's input and submitted the document to other subconsultants on May 12, 2009. 4. Conducted follow-up meetings with the OWNER and other design firms to review the revised documents and to establish final Phase 1A Supplemental General Conditions and other Division 0 specifications. Task 5: Revise Size of the Sludge Dewatering Facility (SDF) to Decrease Cost 1. Revise the Contract Documents (plans and specifications) by reducing the floor area of the Sludge Dewatering Facility by 25 percent and the height by about six - feet that resulted in an estimated construction cost savings of $240,000. 2. This work included changes to the civil, structural, architectural, process mechanical and electrical drawings. Task 6: Incorporate the Elevated Storage Tank (EST) into the Phase lA Project 1. Revise the Contract Documents (plans and specifications) by adding four new specification sections, modifying approximately 15 specification sections, adding approximately 18 new Drawings, and modifying approximately 32 Drawings to incorporate the following changes: a. Include the Elevated Storage Tank (EST) in the base bid, and show it being removed as a deductive alternate. b. Include the (3) 500HP Booster Pumps with 24" control valves and discharge piping in the base bid, and show the (1) 500HP Booster Pump with 24" control valve and discharge piping and (2) 250HP Booster Pumps with 18" control valves and discharge piping as a deductive alternate. c. Locate the telemetry antenna atop the EST in the base bid, and show it being relocated to the TSC in a deductive alternate. d. Locate a site access roadway to the EST in the base bid, and show it being removed in a deductive alternate. e. Revise Division 0's Bid Forrn and Section 01026, Measurement and Payment and all related specification sections to include the EST in the Base Bid and as a Deductive Alternate Bid Item. ADDENDUM TO EXHIBIT D Work Schedule TASK No. TASK DESCRIPTION END DATE 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE- COMPLETE QUALIFICATION PACKAGES 2,0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO COMPLETE INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT COMPLETE BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) - BID COMPLETE DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILTT'Y COMPLETE (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK (EST) COMPLi I E INTO THE PHASE 1A PROJECT 1 ADDENDUM TO EXHIBIT E Fee Schedule TASK No. TASK DESCRIPTION TASK COST 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE - QUALIFICATION PACKAGES $8,361 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO $31,948 INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT $34,394 BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) -- BID $9,573 DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWA i'hRING FACILITY $21,273 (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK(EST) $54,306 INTO THE PHASE 1A PROJECT TOTAL $159,855