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R-03-01-09-9E2 - 1/9/2003RESOLUTION NO. R- 03- O1- 09 -9E2 WHEREAS, the City of Round Rock desires to retain engineering services for a membrane water treatment facility at the Lake Creek well site, and WHEREAS, Camp Dresser & McKee, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with Camp Dresser & McKee, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Engineering Services with Camp Dresser & McKee, Inc., for a membrane water treatment facility at the Lake Creek well site, a copy of said contract 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 9th day of January, CHRISTINE R. MARTINEZ, City Secretary 1,o11IMWOR oox\ o, \woox \RESOLUTI \Raoio9E2.weo /rmc 1 NY Cit — Z AP es L, Mayo Round Rock, Texas STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Camp Dresser & McKee Inc. (CDM) having its principal business address at One Cambridge Place 50 Hampshire Street, Cambridge, MA hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: preliminary engineering services for a membrane water treatment facility located at the Lake Creek Site. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreements and any Attachments and Exhibits attached hereto, Conditions of the Contract (General, Supplementary, and other conditions), Drawings, Specifications, all Addenda issued prior to execution of the Agreement and all Change Orders and written modifications subsequently issued. These form the contract, and all are as fully apart of the Contract as if attached to this agreement or repeated herein. Unless otherwise specified, definitions set forth in the General Conditions apply to all other Contract Documents. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: W:1City of Round Rockllake (reek Membrane WT FacditylContractdEngincering Contnctdoc Page 1 of 11 Contract No. EXHIBIT nA" ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on January 1, 2004 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. W:NCily ofRomd Rock\lake CMk Membrane WT FamilylConlraclsTogineecing C000actdoc Page 2 of 11 The lump sum amount payable under this Contract without modification of the Contract is $ 79,000.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee maybe adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount, which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and 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 its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as maybe pertinent and necessary, or as maybe requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. WACiry of Round Roc/ Make Creek Membrane WT Facility AContracts\Faenening Cuntmadoc Page 3 of 11 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact " upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract; this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty -day notice maybe waived in writing by both parties. The work maybe reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. Both parties may waive the sixty-day notice in writing. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of I this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. WACity of Rooffi Rock\ Lake Creek Membrane WT Facility \Contracts1Enginening Contrectdac Page 4 of 11 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract, which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract maybe modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Both parties must execute any supplemental agreement within the contract period specified in Article 3 - Contract Period. Change Orders must adhere to the requirements outlined in General Conditions section 6.01. It is understood and agreed that the Engineer shall make no claim for extra work done or materials furnished until the City grants full execution of the supplemental agreement and authorization to proceed. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data, which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all W:tCity of Round RmUS„te Creek Membrane WT Facibty \ Contracts \F gineering Coulractdoc Page 5of11 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 City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following W:`CityofRbund RockVake Caek Membrane WT Faalty1Coutracts\Engineering Contnctdoc Page 6 of 11 conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City 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. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of it's 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 City terminate this Contract 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 City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (3 0) day notice period shall not exceed the amount charged during the preceding thirty(30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will 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 City, the cost to the City 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 City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS 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 Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and WACiIy of Round RockVake "CnxkMembrane WT Facility■Contractanginee`mg Contncl.doc Page 7 of 11 licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION • The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The City will determine the Engineer's responsibility for all questions arising from design errors and/or omissions. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it 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 Contract and that it 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 Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. WACity of Round Rock\take Creek Membrane WT Fari7iry∎ConmeMEngiazaing Contraetdoe Page 8of11 ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 26 COPYRIGHTS The City 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. ARTICLE 27 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision A - Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 28 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR CONTRACT SUPERSEDED WJCdy ofRowd Rock\ Lake Creek Membrane WI' FaciligNCtintncts1Engineaing Conhactdoc Page 9 of 11 This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. Records pertaining to the Project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all relevant records related to this Contract in accordance with the Terms outlined in General Conditions section 3.23. All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attomey 309 E. Main St. Round Rock, Texas 78664 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS ARTICLE 32 NOTICES W.1Ciry of Round Rocktake peek Membrane WT FacIrylCoatracts4Eogineen`ng Contract doc Page l0 of 11 Camp Dresser & McKee Inc. Attn.: Allen D. Woelke, P.E. 9111 Jollyville Road, Suite 105 Austin, Texas 78759 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. THE ENGINEER Bv: a!> /O0a Prnc iea�rame V! i g d€tf �C G aPiY / ,. 2FI0'Z Date City of Round Rock By: Nyle Maxwell, Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable W.`.City of Round RockWke Creek Membrane WT Faedity‘ContractsWngioeering Contnetdoc' Page 11 of 11 ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: 1. Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all criteria and full information as to City's requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which City will require to be included in the Project Drawings and Specifications. 3. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer's disposal. 4. Fumish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; b. The services of an independent testing laboratory to perform all inspections, tests and approvals of samples, materials and equipment; c. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; d. Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement; e. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; f. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as City may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; g. Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as required by the Engineer; and h. Give prompt notice to Engineer whenever City observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer's services, or any defect or nonconformance in Engineer's services in the work of any Contractor. W.1Gry of Round Rockilake Creek Membrane WTFacibrylEngineering Contraodoc ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER Preliminary Engineering Phase 1) Review available data and consulting with the OWNER to clarify and define the OWNER's requirements for the project. 2) Advise the OWNER as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechnical investigations and consultations, compilation of hydrological data, traffic studies, materials engineering, assembly of zoning, deed, and other restrictive land use information, and environmental assessments and impact statements. 3) Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 4) Provide analyses of the OWNER's needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5) Consult with the OWNER, review preliminary reports, clarify and define the project requirements, review available data, and discuss general scheduling Conferences may also be required with approving and regulatory governmental agencies and affected utilities. 6) Advise the OWNER as to whether additional data or services are required, and assist the OWNER in obtaining such data and services. 7) Prepare preliminary design documents, preliminary drawings, outline of specifications, and written descriptions of the project. 8) Meet with OWNER in workshop to discuss issues and present options for treatment at Lake Creek Site. 9) Perform analysis of options identified in the workshop to determine cost effectiveness and applicability for Lake Creek Site. 10) Prepare Preliminary Engineering Report describing analysis, conclusions, and recommendations. A maximum of five copies will be provided to the OWNER. 11) Prepare revised opinions of probable total project costs. 12) Prepare plans and specifications for the improvements to the Water Treatment Plant Entrance Road. W ACdy of Rood Rock\ke Creek Membrane W T FacilitylCaatracts\FEan Contrectdoc ATTACHMENT B -1 CITY OF ROUND ROCK LAKE CREEK SITE MEMBRANE TREATMENT FACILITY EXHIBIT LIST NO. SHEET TITLE 1 Cover Sheet 2 General Notes, Sheet Index, Legends 3 Process Diagram 4 Hydraulic Profile 5 Site Plan 6 Yard Piping Plan 7 Offsite Piping Plan 8 Drainage Plan 9 Mechanical Plan 10 Mechanical Sections 11 Electrical Site Plan 12 One Line Diagram WAUty of Round Roclilske Creek Membrane WT FacditylEngineering Contract400 Notice to Proceed Preliminary Engineering ATTACHMENT C WORK SCHEDULE January 13, 2003 August 31, 2003 - WACity of Round RockLLake CnxkMembrane WT Faaldy ContraclAagineecing Contrac4doc ATTACHMENT D FEE SCHEDULE Basic Services Options Workshop 10,000.00 Options Analysis 7,000.00 Preliminary Engineering Services 50,000.00 Plans and Specifications for Water Treatment Plant Entrance Road 12,000.00 TOTAL: 79,000.00 WACdy of Round Rocla ake Oak Membrane WT Facility \ ConnuctslEngi neering Coanactdoc CERTIFICATE OF LIABILITY INSURANCE D aft: 12/19/02 PRODUCER COMPANIES AFFORDING COVERAGE A LLOYD'S OF LONDON B ZURICH AMERICAN INS CO AON RISK SERVICES, INC. OF MASSACHITSEITS 99 HIGH STREET INSURED ON MA 02110 CAMP DRESSER & MCKEE INC. ONE CAMBRIDGE PLACE 50 HAMPSHIRE STREET 'CAMBRIDGE MA 02139 THIS IS TO CERTIFY THAI 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 uded.by the companies, end further hereinafter described. Exception to the polities are noted below. CO TYPE OP INSURANCE POLICY" EFFECTIVE EXPIRATION LIMIT LTR NUMBER DATE DATE GENERAL LIAB/LTry AUTOMOBILE LIABILITY BAP8376631 1/1/02 — 1/1/03 EXCESS LIABILITY WORKERS' COMPENSATION AND EMPWYEas' UABILtrY - STATUTORY LIMITS AC 8376633 - 07 1/1/02 — 1/1/03 EACHACCIDENr 11,000,000 1 ,000,000 DtSEASE• LIMIT 1 1,000,000 DISEASE -EACH EM 11,000,000 PROFESSIONAL LIABILITY QB9800005 1/1/99 — 1/1/03 LIMIT DESCRIPTION OF opERATro ws/IACATIoNsNE HICLE.SISPEati, fIEMS/EXCEPT(O RE: PROJECT — LAKE CREEK MEMBRANE WATER TREATMENT. FACILITY' The City of Round Rock Is named u additional inured with respect to all polities except Workers' Compensation and Employers' Liabllity and Professional Liability. Should any Of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will moil thirty (30) days written notice to the ecrtificate holder named below. CERTIFICATE HOLDER: City Muna g cr City of Round Rock 221 E. Main Street Round Rock. Texas 7)564 Cen of Intur peor4ce 61.08376632 - 06 1/1/02 - 1/1/03 EXHIBIT Revlsed 10/2001 GENERAL AGGREGATE 12,000,000 PRODlJC PS.CO MP/OP AQ0. 12,000,000 PPRSONA1, &AOV.TWURY 51,000,000 EACR0cCURRI:NCE S1,000,000 FIRE DAMAGE (Any ono fire) $ 100,000 MEO, EXPENSE(My one pereoo) 5,000 COMBINED SINGLE LIMIT 11,000,000 BODILY AUURY(Panom) s_ BODILY IN RY(PcrOeckinj) 5 PROPERTY DAMAGE S PACHOCt;tJRttpNCE S AGGREGATE S Title : pt)t<1(' $1,000,000 SIGNATURE - R OF AUTHORIZED REPRESENTATIVE • LAKECREEK WATER TREATMENT PLANT SiGRAPHICSCOUNC1L AGENDA 11445,1eNCEEELINGIAKECREEKWATERIIIPATNENT PLANT' DATE: January 2, 2003 SUBJECT: City Council Meeting — January 9, 2003 ITEM: 9.E.2. Consider a resolution authorizing the Mayor to execute a contract with Camp Dresser & McKee, Inc. for Preliminary Engineering Services for a membrane water treatment facility at the Lake Creek well site. Resource: Jim Nuse, City Manager Tom Clark, Director of Utilities History: The quality of water from our existing groundwater wells has been steadily declining over the years. Last summer the City experienced high manganese levels from well #7. Manganese is not a health risk, but causes water to turn red and/or black color at the customer's tap. Just recently while attempting to place well #4 back in service after construction activities, we experienced difficulty getting the well to pass bacteriological tests. The groundwater well supply is a valuable source of water to the City, capable of producing from 4 to 8 (million gallons per day) mgd. During the summer of 2001, a membrane pilot plant test was conducted at the well #7 site in order to test and evaluate membrane treatment's ability to remove manganese from the water. These tests were successful in removing manganese. The work under this contract is to prepare preliminary design drawings, specifications and a preliminary engineering report required for the future construction of a Membrane Water Treatment Plant at our existing Lake Creek site. Funding: Cost: $79,000.00 Source of funds: Capital Project Funds (Self - Financed Utility) Outside Resources: Camp, Dresser & McKee, Inc. ImpactBenefit: To optimize our water distribution system and minimize water shortages to our customers. Public Comment: N/A Sponsor: N/A STATE OF TEXAS COUNTY OF WILLIAMSON WITNESSETH Contract No. THIS CONTRACT FOR ENGINEERING SERVICES (Contract) is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and Camp Dresser & McKee Inc. (CDM) having its principal business address at One Cambridge Place 50 Hampshire Street, Cambridge, MA hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: preliminary engineering services for a membrane water treatment facility located at the Lake Creek Site. R- 03 --- 01- 09 -9E2 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreements and any Attachments and Exhibits attached hereto, Conditions of the Contract (General, Supplementary, and other conditions), Drawings, Specifications, all Addenda issued prior to execution of the Agreement and all Change Orders and written modifications subsequently issued. These form the contract, and all are as fully a part of the Contract as if attached to this agreement or repeated herein. Unless otherwise specified, definitions set forth in the General Conditions apply to all other Contract Documents. AGREEMENT NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: W:\nty or Round Rock\Lake Creek Membrane W7 FoUity\Contracts\Engineering Cantract.doc Page 1 of 11 T ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made apart of this Contract. • ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on January 1, 2004 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. W "\City of Roved RockVake Creek Membrane WT Faclity‘ContractsTaginecong Contractdoc Page 2 of 11 The lump sum amount payable under this Contract without modification of the Contract is $ 79,000.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee maybe adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount, which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount eamed to the date of submission and 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 its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as maybe requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. W:\Ctty of Round RockLLake Creek Membrane WT Facdrt,AContmcta\Engmeemrg Contracfdoc Page 3 of 11 Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract; this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty-day notice maybe waived in writing by both parties. The work maybe reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. Both parties may waive the sixty-day notice in writing. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. W:\City of Roved RookLLake Creek Membrane WT Fealty ContractsWmgmeering Contmctdoc Page 4 of 11 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract, which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract maybe modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Both parties must execute any supplemental agreement within the contract period specified in Article 3 - Contract Period. Change Orders must adhere to the requirements outlined in General Conditions section 6.01. It is understood and agreed that the Engineer shall make no claim for extra work done or materials furnished until the City grants full execution of the supplemental agreement and authorization to proceed. The City reserves the right to withhold payment pending verification of satisfactory work performed. ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data, which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all W:\Caty of Round Rock \Lake Creek Membrane WT Facility\ Contractangweering Contractdoc Page 5 of 11 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 City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following ' W:\Ciry ofRomd Rocl ake Creek Membrane WTFacilitylConiractatEngmeering Conti ctdoc Page 6 of 11 los conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City 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. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of it's 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 City terminate this Contract 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 City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, 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 Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will 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 City, the cost to the City 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 City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITH LAWS 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 Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and ' W:\Cty of Round Rock\ake Creek Membrane WT Facility Contracts\Eoajneamg Connactdoc Page 7 of 11 licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which maybe incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The City will determine the Engineer's responsibility for all questions arising from design errors and/or omissions. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it 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 Contract and that it 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 Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. W:\CIty of Round Rock\ Lake Creek Membrane WT Facility WT EAConnacMEngineaing Connaccdoc Page 8 of 11 ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 26 COPYRIGHTS The City 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. ARTICLE 27 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision A - Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 28 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR CONTRACT SUPERSEDED W: Cny ofRound Rock \lake Creek Membrane WT Facility \ Contracts \Engineering Contractdoc Page 9of This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. Records pertaining to the Project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all relevant records related to this Contract in accordance with the Terms outlined in General Conditions section 3.23. All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Attn.: City Manager 221 E. Main St. Round Rock, TX 78664 with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS ARTICLE 32 NOTICES WACiry of Round Rock\Lake Creek Membrane WT Famlay\Contracts Engmeefmg Contact-doe Page 10of11 Camp Dresser & McKee Inc. Attn.: Allen D. Woelke, P.E. 9111 Jollyville Road, Suite 105 Austin, Texas 78759 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. By: THE ENGINEER i ll r .6We Printed Name restdmt City of R Ti� Date By: %r- IA i axwell, M: yor LIST OF ATTACHMENTS 171 2-402 ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable W.t of Round Rock\ ake Creek Membrane WS Facility \Contractangineaing Contractdoc Page 11 of 11 A3459)IR6ON ATTACHMENT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: 1. - Designate a person to act as City's representative with respect to the services to be performed or furnished by the Engineer. This representation will have authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to Engineer's services. 2. Provide all criteria and full information as to City's requirements for the project, including objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and furnish copies of all design and construction standards which City will require to be included in the Project Drawings and Specifications. 3. Assist Engineer by placing all available information pertinent to the Project, including previous reports and any other data relative to the design or construction of the Project at the Engineer's disposal. 4. Furnish to Engineer, as requested for performance of basic services or as required by the Contract Documents, the following: a. Data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface of subsurface structures at or contiguous to the site; b. The services of an independent testing laboratory to perform all inspections, tests and approvals of samples, materials and equipment; c. Environmental assessments, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and adjacent areas; d. Arrange for access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under this Agreement; e. Examine all alternate solutions, studies, reports, sketches, proposals and other documents presented by Engineer; f. Provide such accounting, bond and financial advisory, independent cost estimating and insurance counseling services and such legal services as City may require or Engineer may reasonably request with regard to legal issues pertaining to the Project; g. Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as required by the Engineer; and h. Give prompt notice to Engineer whenever City observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of Engineer's services, or any defect or nonconformance in Engineer's services in the work of any Contractor. WAGty of Rumd Roek\Lake Creek Membrane WT Fanlity\Engineerieg Contraeidac • ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER Preliminary Engineering Phase 1) Review available data and consulting with the OWNER to clarify and define the OWNER's requirements for the project. 2) Advise the OWNER as to the necessity of providing or obtaining from others additional data or services. These additional services may include photogrammetry, reconnaissance surveys, property surveys, topographic surveys, geotechnical investigations and consultations, compilation of hydrological data, traffic studies, materials engineering, assembly of zoning, deed, and other restrictive land use information, and environmental assessments and impact statements. 3) Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project, and participating in consultations with such authorities. 4) Provide analyses of the OWNER's needs, planning surveys, and comparative evaluations of prospective sites and solutions. 5) Consult with the OWNER, review preliminary reports, clarify and define the project requirements, review available data, and discuss general scheduling. Conferences may also be required with approving and regulatory governmental agencies and affected utilities. 6) Advise the OWNER as to whether additional data or services are required, and assist the OWNER in obtaining such data and services. 7) Prepare preliminary design documents, preliminary drawings, outline of specifications, and written descriptions of the project. 8) Meet with OWNER in workshop to discuss issues and present options for treatment at Lake Creek Site. 9) Perform analysis of options identified in the workshop to determine cost effectiveness and applicability for Lake Creek Site. 10) Prepare Preliminary Engineering Report describing analysis, conclusions, and recommendations. A maximum of five copies will be provided to the OWNER. 11) Prepare revised opinions of probable total project costs. 12) Prepare plans and specifications for the improvements to the Water Treatment Plant Entrance Road. W:VCny of Round Rnelo ake Creek Membrane WT Facility \ Contracts\Engmeming Coatractdoc ATTACHMENT B -1 CITY OF ROUND ROCK LAKE CREEK SITE MEMBRANE TREATMENT FACILITY EXHIBIT LIST NO. SHEET TITLE 1 Cover Sheet 2 General Notes, Sheet Index, Legends 3 Process Diagram 4 Hydraulic Profile 5 Site PIan 6 Yard Piping Plan 7 Offsite Piping Plan 8 Drainage Plan 9 Mechanical Plan 10 Mechanical Sections 11 Electrical Site PIan 12 One Line Diagram W: \City of Round Rocklike Creek Membrane W F Facility \Fnginecing Contmctdoc Notice to Proceed Preliminary Engineering ATTACI MENT C WORK S CHEDULE January 13, 2003 August 31, 2003 • W Achy of Roved Rock1Iake Creek Membrane WT Facility Contracts\Enginacmg Contractdoc a C. TOTAL: Options Workshop Options Analysis Preliminary Engineering Services Plans and Specifications for Water Treatment Plant Entrance Road ATTACHMENT D FEE SCHEDULE Basic Services 10,000.00 7,000.00 50,000.00 12,000.00 79,000.00 W:1 City of Roved Rockkake Creek Membrane WT Facility \ Contracts \Engineering Contracldoc CERTIFICATE OF LIABILITY INSURANCE pat o: 12/19/02 PRODUCER COMPANIES AFFORDING COVERAGE AON RISK SERVICES, INC. A LLOYD'S OF LONDON OF MASSACHUSETTS 99 HIGH STREET S BOSTON MA 02110 CAMP DRESSER & MCKEE INC. ONE CAMBRIDGE PLACE - 50 IIAMPSHIRE STREET,' CAMBRIDGE MA 02139 THIS IS TO (.URT1FY TRAT 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 u3ed' the companies, and further hereinafter described. Exceptions to the policies are noted below, B ZURICH AMERICAN INS CO C CO TY1EOFINSURANCE POLICY EFFECTIVE EXPIRATION • LIIVII'X'S LTR NUbIBER DATE DATE GENERAL LIABILTfY GL08376632 -06. 1/1/02 - 1/1/03 AUTOMOBILE LIABILITY BAP8376631 1/1/02 — 1/1/03 EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS LIABILITY STATUTORY LIMITS 51,000,000 WC 8376633 -07 1/1/02 — 1/1/03 EACHAOCIOENr 51,000,000 DJSFASE•POUCYLIMIT 51,000,000 DISEASE -EACH EMPLOYEE 51,000,000 P ROFESSIONA L LIAB I LflY QB9800005 1/1/99 — 1/1/03 LIMIT DESCRIPTION OP OPERAT IONS/LOCATIONSNEHICtER/SPECIAL ffEMS/FXCEPTIONs RE: PROJECT — LAKE CREEK MEMBRANE WATER TREATMENT•FACILITY GENERAL AGGREGATE 52,000,000 PRODUCTs•coewroPAOO• 52,000,000 PiJLSONA1. &At7v. nv)uRY 51,000,000 EACH OCCURIONCE 51,000,000 PntE DAMAGE (Any ono are) S 100,000 MEO.DrnENSt: (Any one penwn)s 5,000 COMBINED SINGLE LIMIT 51 000,000 BODILY BdNRY(PcPerson) S" BODILY INJURY (Pcr accident) S PROPERTY DAMAGE S EACH OCCURRENNCE $ AGGREGATE 5 $1,000,000 The City of Round Reek Is named as additional insured wick respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any tithe above described policies be cancelled or changed before the expiration date thereof, the Issuing company will trail thirty (30) days written notlee to the certificate holder named below. CERTIFICATEMOL,ER: City Manager City of Round Rock SIGNATURE OF AUTHORIZED REPRESENTATIVE 221 E. Will Street Round Rock. Texas 75064 Con armour protdoe Ji"oicfro TypcdNamc 1 yj - S Leie y{ — Tide: IC .D.O " Tft EXHIBIT- Reulscd 10/2002 Mayor Nyle Maxwell Mayor Pro-tem Tom Nielson Council Members Alan McGraw Carrie Pat Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nose City Attorney Stephan L Sheets March 3, 2003 Dear Mr. Woelke: ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Mr. Allen D. Woelke, P.E. Vice President Camp Dresser & McKee, Inc. 9111 Jollyville Road, Suite 105 Austin, TX 78759 The Round Rock City Council approved Resolution No. R- 03- 01 -09- 9E2 at their regularly scheduled meeting on January 9, 2003. This resolution approves the contract for Engineering Services for a membrane water treatment facility at the Lake Creek well site. Enclosed is a copy of the resolution and original agreement for your files. If you have any questions, please do not hesitate to contact Tom Clark at 341 -3146. Christine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept., ut East Main Street Round Rock, Texas 78664 Phone: 512 218.5400 • Fax 512 218.7097 • www ci round -rock tx.us