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R-95-10-24-11I - 10/24/1995and TEXAS, K: \sesmvrx\sssiaxax.wen /sis RESOLUTION NO. R- 95- 10- 24-11I WHEREAS, the City of Round Rock ( "Round Rock ") and the City of Austin ( "Austin ") are in the course of negotiating major amendments to the Wastewater Disposal Agreement and the project relationships described therein, and WHEREAS, Austin is evaluating its continued participation in the Brushy Creek Regional Project pending review of the recent legislation affecting Austin's extraterritorial jurisdiction and service area in Williamson County, and WHEREAS,Round Rock has determined that the construction of the treatment plant expansion needs to begin before the parties conclude their negotiations on the Wastewater Disposal Agreement, WHEREAS, Round Rock has requested that Austin provide construction management services that are not available on Round Rock's staff, and WHEREAS, Austin is willing to provide such services under the terms of the Interlocal Agreement to Provide Construction Management Services ( "Interlocal Agreement ") attached hereto, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit A. RESOLVED this 24 day of October, 1995. ATTEST: E LAND, City Secretary CHARLES CULPFYPPER, Mayor City of Round Rock, Texas INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ROUND ROCK AND AUSTIN REGARDING CONSTRUCTION MANAGEMENT SERVICES 01 -1' -v( 1j :4S ROO THIS INTERLOCAL AGREEMENT is made and entered into by and between the CITY OF ROUND ROCK, a Texas home rule municipal corporation and political subdivision of the State of Texas, ( "Round Rock ") and the CITY OF AUSTIN, also a Texas municipal corporation and political subdivision of the State of Texas, ( "Austin "). WHEREAS, Austin and Round Rock have entered into an Interlocal Agreement for Procurement and Financing of Design Phase Engineering Services for Regional Wastewater Treatment Plant entered into on March 18, 1994, where both parties affirmed the selection of HDR Engineering, Inc. (the "Engineer ") to perform design phase engineering services for the Brushy Creek Regional Wastewater Treatment Plant (the "Treatment Plant "); and WHEREAS, the Treatment Plant shall include two new process trains of approximately 5.0 MGD average daily flow capacity each plus incorporation of 1.8 MGD of existing capacity from one of the existing City of Round Rock treatment units (total capacity of 11.8 MGD average daily flow),- and as further defined in the above referenced Interlocal Agreement for Procurement and Financing of Design Phase Engineering Services for Regional Wastewater Treatment Plant; and WHEREAS, Austin, Round Rock and the Brushy Creek Water Control and Improvement District No. 1 of Williamson and Milam Counties ( "Brushy Creek,WCID ") previously entered into a certain "Wastewater Disposal Agreement," as amended on or about January 30, 1989, that sets forth terms and conditions for joint financing, design, construction and operation and maintenance of a regional wastewater transportation and treatment system ( "the Brushy Creek Regional Project ") intended to provide, wastewater transportation and treatment services for an area approximately 60,0000 acres in the Brushy Creek Watershed with the respective corporate limits an /or extraterritorial of Austin and Round Rock; and WHEREAS, Austin, Round Rock and the Brushy Creek WCID are in the course of negotiating major amendments to the Wastewater Disposal Agreement and the project relationships described therein, which may include, without limitation, the complete termination of the Wastewater Disposal Agreement and the role of the Brushy Creek WCID as Project Manager, and the continued participation of Austin in the Brushy Creek Regional Project pending review of the legislation affecting the Austin extraterritorial jurisdiction and service area in Williamson County; and WHEREAS, Round Rock has determined that the construction of the Treatment Plant needs to begin before the parties conclude their negotiations on the Wastewater Disposal Agreement; and WHEREAS, Round Rock has entered into a Construction Contract (the "Construction Contract ") with Craig, Sheffield and Austin, Inc. (the "Contractor "), dated August 18, 1995, for the construction of the Treatment Plant which includes a project manual, drawings, addenda as prepared by HDR Engineering, Inc., and other relevant documents; and WHEREAS, Round Rock has entered into agreements with Pretest Laboratories (the., "Testing Contractor "), for certain testing services and with the Engineer for certain engineering services relating to the construction of the Treatment Plant; and WHEREAS, Round Rock has requested that Austin provide construction management services that are not available on Round Rock's staff; and NOW, THEREFORE, Round Rock and Austin enter into this Interlocal Agreement ( "Agreement ") under the authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, in connection with the construction of the Treatment Plant (the "Project "), and agree as follows: 1. Austin's Services. Austin will provide to Round Rock the services of James R. Clarno, P.E., and other acceptable employees of Austin, as Construction Manager (the "Construction Manager ") for the Project under this Agreement. a. Liaison. The Construction Manager shall perform the following duties: i. Serve as Round Rock's liaison with the Contractor, working principally through the Contractor's superintendent and Round Rock's facility engineer. ii. Serve as Round Rock's liaison with the Testing Contractor. iii. Obtain from Round Rock additional including information about on -going operations when required at the job execution of the work. -2- Engineer and the Project details treatment plant site for proper t o of Round Rock and Austin Regarding Construction Management Servsceg iv. Coordinate with Round Rock construction sequencing activities and duration to minimize disruption to on- going treatment plant operations and procedures. b. Schedules. The Construction Manager shall be responsible for the review of the initial Project progress schedule, schedule of shop drawing submissions, maintenance and operation manuals, schedule of values prepared by the Contractor and updates, as needed. He shall also provide the Contractor and Round Rock written review comments indicating the acceptability of these documents. - c. Conferences. The Construction Manager shall arrange a schedule of progress meetings with the Contractor at least weekly and other job conferences as required by Round Rock. He shall notify meeting participants of the meetings in advance. He shall attend weekly and other meetings, and maintain and circulate copies of minutes thereof to Round Rock, the Contractor and other affected /interested parties. ' d. s ! n 1. n n The Construction Manager shall perform the following duties: i. Coordinate and schedule activities of Round Rock inspectors and the Engineer for all required on -site technical inspections. ii. Coordinate and schedule services provided by the Engineer and Testing Contractor, including laboratory and field testing and surveying as needed for technical inspection services, quality control, certifications and /or construction location surveys. iii. Request and maintain documentation that laboratory work and technical inspection of construction materials and methods will be performed by certified or otherwise qualified personnel. e. Shop Drawings and Samples. The Construction Manager shall perform the following duties: i. Receive and comment, as needed, on drawings and samples which are furnished by the Contractor to the Engineer. ii. Advise Round Rock and Contractor immediately of any work commencing without approved shop drawings or sample submissions. -3- interlocal Agreement Between the Cities of Round Rock and Austin Regarding Construction Management Services • • 1 v f. -. • i•rk R- D and Tests. The Construction Manager shall perform the following duties: i. Conduct on -site observations of the construction work to determine if the work is proceeding in accordance with the Construction Contract and that completed work will conform to the intent of those documents. ii. Report to Round Rock immediately whenever he or the Engineer believes that any portion of the Project is unsatisfactory, faulty, or defective, or does not conform to the Construction Contract, or has been damaged, or does not meet the requirements of any inspections, tests or approvals required to be made. Advise Round Rock when he or the Engineer believes that any portion of the Project should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. iii. Advise the Contractor of work failing to meet Construction Contract requirements and the Contractor's need to remedy the situation. Follow -up to see that necessary tests, corrections, repairs or other actions have been completed by the Contractor. iv. Advise the Contractor of work failing to meet Round Rock's requirements and the Contractor's need to remedy the situation. Follow -up to see that necessary tests, corrections or other actions have been completed by the Contractor. v. In conjunction with the Engineer, verify that tests, equipment, and system start -ups and operating and maintenance instruction are conducted as required by the Construction Contract and in the presence of the required personnel, and•that the Contractor maintains adequate records thereof. Observe, record and report to Round Rock appropriate details relative to test procedures and start -ups. vi. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections, and report to Round Rock. g. Fi -1• • • - - n• - • • - The Construction Manager shall prepare and issue field orders for minor Project changes. He -4- • of Round Rock and Austin Regarding Construction Management Services shall also review and recommend change orders for consideration to Round Rock. h. Modifications. The Construction Manager shall consider and evaluate Contractor's suggestions for modification to the Construction Contract. He shall transmit those requests to the Engineer and report them with a recommendation to Round Rock. i. Contractor's Invoices. The Construction Manager shall review invoices sent by Contractor, the Engineer and the Testing Contractor. He shall provide Round Rock recommendations on the payment of these invoices. j. Records. The Construction Manager shall perform the following duties: i. Maintain a record of construction progress and construction activity. ' ii. Maintain orderly files of correspondence; reports of job conferences; shop drawings and sample submissions; Project manual and drawings including all addenda, change orders, field orders, and additional drawings issued subsequent to the execution of the Construction Contract; submittal log(s); Engineer's clarifications and interpretation of the Construction Contract, including the Project manual and drawings; progress reports; schedule of shop drawing submissions and any other Project related documents. iii. Maintain ..a diary or log book, recording hours on the Project-site; weather conditions; data relative to questions,of extras or deductions; list of visitors and representatives of fabricators, manufacturers, suppliers and distributors; and daily activities, decisions, Contractor progress, observations in general and specific observations in more detail as in the case of observing test procedures. iv. At the completion of the Project construction, all of the above records will be turned over to Round Rock. k. Reports. The Construction Manager shall perform the following duties: i. In conjunction with the Engineer, prepare and furnish Round Rock with monthly reports of progress of the Project and of the Contractor's compliance with the -5- jnterincal Agreement Between the Cities of Round Rock and Austin Regarding Conatructlon Management Services v approved progress schedule and schedule of shop drawing submissions. . ii. Provide Round Rock with schedule information in advance of scheduled major tests, inspections, interruption of operations or commencement of construction of major phases of the Project. 1. -r ifi .te_ 4.1• -• -• - -•• 4• •n M -n -1 . During the course of the Project, the Construction Manager shall verify that certifications, maintenance and operation manuals and other data required to be assembled and furnished by the Contractor are applicable to the items actually delivered and installed. 2. Round Rock's Obligations. a. Designation of Owner's Representative. Round Rock shall notify the Engineer, the Testing Contractor and the Contractor pursuant to Section 8.1 of the General Conditions of the Construction Contract of the designation of Austin's Construction Manager as the Owner's Representative for the Project. b. Inspection Staff. Round Rock will provide adequate inspection staff throughout the duration of the Project to adequately perform the duties described in Section 1 above. c. Construction Manaaer's Space and Equipment. Round Rock will provide adequate space, equipment, supplies and materials throughout the duration of the Project to adequately perform the duties described in Section 1 above. This shall include but not be limited to: i. Use of construction trailer or other office space and furniture. ii. Services of a secretary /typist. iii. Access to a computer, printer, fax machine, telephone, copy machine, and 35 mm camera. iv. Office supplies. d. • • • - • M•._'fl - ••. -••_ • - Round Rock shall be responsible for authorizing any deviation of the Construction Contract or approve any substitute materials or equipment. Round Rock, in consultation with the Engineer and the Construction Manager, agrees to advise or issue directions relative to any aspect of the means, methods, techniques, sequences or -6- Interlocal Agreement Between the Citieq of Round Rock and Austin Regarding Construction Management Services procedures of construction which are not specifically called for in the Construction Contract. e. Testing and Inspection Services Round Rock shall be responsible for securing and paying for all specialized field or laboratory tests or inspections required for the construction of the Project, including those of the Testing Contractor. f En•'n - -r 3. Limitation of Austin's Responsibility. -7- T- in n• •n r n Round Rock shall be responsible for securing Round Rock's City Council approval and payment of Contractor's, Engineer, and Testing Contractor invoices. Round Rock will provide copies of all payment records to the Construction Manager. - a. Austin shall not be responsible for any services provided by the Contractor, subcontractors, the Contractor's superintendent, the Engineer, its employees, the Testing Contractor, or Round Rock's inspectors. The parties agree that Austin is not responsible for providing engineering, legal, testing, inspection, and surveying services for the Project. b. Austin shall not be responsible for expediting the activities of the Contractor. The Construction Manager shall utilize the Project schedule to determine the Contractor's progress under the Construction Contract. c. Austin shall not be responsible for advising or issuing directions as to safety precautions and programs in connection with the Contractor's work. However, the Construction Manager will notify the Contractor if, in his opinion, the work place's human safety or property or operation of the treatment plant are in immediate jeopardy. d. Austin shall have no financial obligations other than payment of salaries, wages, and benefits of its employees providing services to Round Rock under Section 1, absent further written Agreement. e. Round Rock agrees that Austin shall be covered as one of the Round Rock's consultants under the Contractor's indemnification obligations in section 6.14 of the Construction Contract. 4. Compensation. It is agreed by both parties to this Agreement that Austin will be compensated for the satisfactory performance of the Construction Management Services described in Section 1 of this Agreement in the amount not to exceed $114,740 (one hundred Interloca A. eement een the of Round Rock and Austin Regarding Construction Management 5erviceS fourteen thousand seven hundred forty dollars). This estimate is based on the completion of the Project in accordance with the deadlines currently identified in the Construction Contract. If the construction of the Project exceeds 660 calendar days, Round Rock and Austin agree to amend this Agreement to provided additional compensation. The compensation to Austin will be subject to these additional terms: a. Calculation. Compensation for services specified, as well as any additional services authorized in writing by Round Rock, will be computed based on direct labor cost, FICA, Medicare, retirement, health insurance, and the Engineering Services Division of the Public Works and Transportation Department's overhead costs. The costs shall be calculated based on the following factors: Direct Labor Cost ( "DLC ") of Construction Manager FICA, Medicare and retirement Health insurance $29.65 per hour 14.65% of DLC $1.20 per hour Engineering Services Division Overhead 72% of DLC All necessary services of Austin's Engineering Services Division and support staff are included in the hourly rates above. Austin agrees to not charge the Public Works and Transportation Department's indirect costs and Austin's indirect costs. b. Increased Costs. These costs may be adjusted annually by Austin due to general wage increases, increases in the Construction Manager's salary, or Engineering Services Division overhead charges. Austin,shall provide Round Rock notice of any such changes. c. Other Costs. In addition, Austin will be reimbursed for Round Rock approved out of town expenses (hotel, mileage, meals, etc.) at actual cost as well as all other Round Rock approved expenses directly attributed to the Project upon submittal of documentation as part of a quarterly invoice. 5. Billing and Payment. Austin will submit a quarterly invoice which includes an accounting of hours worked by the Construction Manager on the Project in a format approved by Round Rock. Round Rock will pay Austin's invoice within 30 days of receipt by Round Rock. -8- nt- - e - Be we -n the ities of Round Rock and Austin Regarding Construction Management Services 6. General Provisions. The following general provisions shall apply to this Agreement: a. Interlocal Cooperation. The parties agree to cooperate with each other in good faith at all times to effectuate the purposes and intent of this Interlocal Agreement. b. Termination. Either party may terminate this Agreement by giving 30 days written notice to the other party. c. P n Fr.m r -1 [- - 4. - Pursuant to Chapter 791, Texas Govt. Code, each party paying for governmental services under this Agreement shall provide for payment of same from current revenues or other funds of said party lawfully available for this purpose. d. Notices. Any notices required under this Agreement will be effective upon written notice being mailed, hand - delivered, or telecopied to the following addressees: James R. Nuse, P.E. Director of Public Works City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Fax: (512) 218 -5563 James'R. Clarno, P.E. City of Austin Department of Public Works and Transportation 505 Barton Springs Road Austin, Texas 78705 Fax:(512) 499 -7222 Richard W. Austin Craig, Sheffield and Austin, Inc. 2650 Sams School Road Roanoke, Texas 76282 Fax: (817) 491 -4591 James R. Glaser, P.E. HDR Engineering, Inc. 2211 South IH 35, Suite 300 Austin, Texas 78741 Fax: (512) 442 -8436 -9- Interlocal Agreement Between the Cities of Round Rock and Austin Regarding Construction Management Services Bob Truitt Pretest Laboratories P.O. Box 1014 Georgetown, Texas 7 Fax:(512) 930 -3881 e. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior and contemporaneous understandings or representations, whether oral or written, respecting the subject matter hereof. f. Amendments. Any amendment hereto must be in writing and signed by the authorized representative for all parties. g. r r i n . nd A The parties acknowledge that this Agreement is entered into pursuant to the authority of Texas law including, without limitation, the authority conferred in Chapter 791, Texas Govt. Code (Interlocal Cooperation Contracts). In the event of any conflict between the provisions of this Agreement and the provisions of the Wastewater Disposal Agreement, any amendments thereto, and any other agreements between the parties, the provisions of this Agreement shall prevail with respect to the subject matter hereof. Except as set forth above, this Agreement shall not be constructed to breach, modify, supplement or otherwise alter the provision of any other agreement entered into by and between Austin and Round Rock or Austin, Round Rock and the Brushy Creek WCID. h. Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas. i. Other Instruments, Actions. The parties hereto agree that they will take such further actions and execute and deliver such other and further consents, authorizations, instruments, or documents as are necessary or incidental to effectuate the purposes of this Agreement. j. No Third Party Beneficiaries. Except as expressly provided herein, nothing herein shall be construed to confer upon any person other than the parties hereto any rights, benefits or remedies under or by reason of this Agreement. k. IL • •, -. - • n . hi. A.-n . This Agreement shall not be construed in any form or manner to establish a partnership, joint venture or agency, express or implied, nor any employer- employee or borrowed servant relationship by and among the parties hereto. - - Interlocal Agreement Between the cities of Round Rock and Austin Regarding Construction Management Services 1. Force Majeure. If, by reason of Force Majeure (as hereinafter defined), any party shall be rendered wholly or partially unable to carry out its obligations under this Agreement after its effective date, then such party shall give written notice of the particulars of such Force Majeure to the other party or parties within a reasonable time after the occurrence thereof. The obligations of the party giving such notice, to the extent affected by such Force Majeure, shall be suspended during the continuance of the inability claimed and for no longer period, and any such party shall in good faith exercise its best efforts to remove and overcome such inability. The term "Force Majeure" as utilized herein shall mean and refer to acts of God; strikes, lockouts or other industrial disturbances; acts of public enemies; orders of any kind of the government of the United States, the State of Texas, or any other civil or military authority; insurrections; riots; epidemics; landslides; earthquakes; lightning; fires; hurricanes; storms; floods; washouts; or other natural disasters; arrests; restraint of government and people; civil disturbances; explosions; breakage or accidents to machinery, pipelines or canals; or other causes not reasonably within the control of the party claiming such inability. m. Venue. Venue for any suit arising hereunder shall be in Williamson or Travis County, Texas. n. Counterparts. This Agreement may be executed by the parties in one or more duplicate originals each of equal dignity. o. Effective Date. This Agreement shall be effective upon the last date of execution hereof by the authorized representative of each party. EXECUTED as of the date(s) set forth below: CITY OF AUSTIN: / APPROVED AS TO FORM: g : / (1�CJ -- Nan gJ K. Matchus Assistt City Attorney 01 -16 -96 15:48 RCVD B N Title: As Date: Jim Smith ant City Manager Interlocal Agreement Between the Cities of Round Rock and Austin Regarding Construction Management Services ATTEST: CITY OF,IROUND ROCK: By: 1 / AL/ L.E /L. THE STATE OF TEXAS § COUNTY OF TRAVIS § THIS. I TRUMENT was acknowledged before me on this in the day of J0./1!� a d7 , 1994, by Jim Smith as Assistant City Manager of the City of stin, Texas, a municipal corporation, on behalf of said municipal corporation. (SEAL) THE STATE OF TEXAS COUNTY OF WILLIAMSON �/— IS( THIS Baas acknowledged before me on this the day of N`D1( r , 1995, by Charles Culpepper as Mayor of the City of Round Rock, a municipal corporation, on behalf of said municipal corporation., Joanne Land City Secretary CHRISTINE R.MARTINEZ Nahn wnrc,s2tatroas Ny CamnsJm Ep'ues 9&CS91 SCORIA L AGUILERA NOTARY PUBLIC State of Texas Comm Fxp. 0110.98 NKM:H: \CONTRACT \INTERLOC \CMSCOPE3.FIN 01 -16 -96 15:48 RCVD - Cheri sU ulpepper ,/ Mayor Ab Date: VE/71,6ER ) ° q 5 C r ary Public, Eta S' of Texas Typed /Printed Name of Notary My Commission Expires: Notary Public, State of Texas CN215Tinl6 R. M / rINEZL Typed /Printed Name of Nota �7 My Commission Expires: Interlocal Agreement Between the Cities of Round Rock and Austin Regarding Construction Management Services DATE: October 20, 1995 SUBJECT: City Council Meeting, October 24,,1995 ITEM: 111 Consider a resolution authorizing the Mayor to enter into an agreement with the City of Austin for inspection services at the East Wastewater Treatment Plant. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The East Wastewater Plant expansion is somewhat unusual in that it is a phased approach to a larger facility. Additionally there are several potential participants such as the City of Austin. James Clarno P.E. was originally hired by Austin and Round Rock to build and operate this facility under the WCID. When the WCID was no longer involved in the plant, Mr. Clarno was hired by the City of Austin in construction management. Mr. Clarno is a highly qualified Engineer and is most familiar with this plant as well as a long -time Round Rock Citizen. Mr. Clarno will be on site one half time. We feel this partnership with the City of Austin and the HDR design team from Item 11K is the most responsible and cost effective package for construction management. Round Rock has one full time inspector on -site and regular attention by our Facilities Engineer. Mayor Charles Culpepper Mayor Pro -tem Earl Palmer Council Members Robert Slhtka Rod Morgan Rid. Stewart Martha Chace; Jimmy Joseph City Manager Robert L Bennett. Jr. City Attorney Stephan L Sheets December 1, 1995 Ms. Nancy Matchus Assistant City Attorney City of Austin Norwood Tower, 114 West 7th Street P.O. Box 1088 Austin, TX 78767 -1088 Dear Ms. Matchus: Resolution No. R- 95- 10- 24 -11I was approved by the Round Rock City Council on October 24, 1995. Enclosed is a copy of the resolution and four original Intergovernmental Agreements for signatures. Please have Mr. Smith sign these agreements and return one fully executed agreement to the City of Round Rock. If you have any questions, please do not hesitate to call. Sincerely, Joanne Land Assistant City Manager/ City Secretary Enclosures THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512. 255.3612 Fax 512 -255 -6676 1-800-735-2989 (TDD) 1- 800 - 735 -2988 (Voice) Founded by Congress Repuhhe of Tau, 1839 R- g5- Jo -Qij -/ J I City of Austin Law Department Norwood Tower • 114 West 7th Street Andrew Martin P.O. Box 1088 City Attorney Austin • Texas 78767 -1088 Phone • 512/499-2268 Writer's Direct Line 499 -2343 October 26, 1995 James R. Nuse, P.E. Director of Public Works City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Nuse: 499 -2894 RE: Interlocal Agreement Between the Cities of Round Rock and Austin Regarding Construction Management Services I am sending you four duplicate originals of the above referenced agreement between the City of Round Rock and the City of Austin for the signature of Mayor Culpepper and the City Clerk, Joanne Land. Mayor Culpepper's signature needs to be notarized at the appropriate locations. Please send all four of the executed originals back to me for the City's execution. I will send you one of the original fully executed agreements after it is signed. Please advise me if you have any questions (512) 499 -2343. Sincerely, ancy chus Assistant City Attorney; Attachment H: \LETTER \HUSE.LTR cc (without copy): Randy Goss, P.E., Director, Water and Wastewater Utility Matthew Kite, P.E., Acting Director, Dept. of Public Works and Transportation John Steiner, Division Chief, Law Department Chris Lippe, P.E., Director, Water and Wastewater Utility Lino Rivera, P.E., Dept. of Public Works and Transportation Jim Clarno, P.E., Dept. of Public Works and Transportation (w/ copy) Writer's Fax Line