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R-96-06-13-10G - 6/13/1996Mayor Charles Culpepper Mayor Pro•tem Earl Palmer Council Members Robert Stlukn Rod Morgan Rick Stewart Martha Chatez Jimmy Joseph City Manager Robert L Sennett, Jr. City Attorney Stephan L Sheets June 18, 1996 Allen D. Woelke, Principal Engineer Camp Dresser & McKee, Inc. 8911 Capital of Texas Highway Suite 4240 Austin, TX 78759 Dear Mr. Woelke: The Round Rock City Council approved Resolution No. R- 96 -06- 13-10G on June 13, 1996. Enclosed is a copy of the resolution and one original agreement for your files. 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 512-218-5400 Fax 512 - 218.7097 1- 800 -735 -2989 (TDD) 1- 800- 735 -2988 (Voice) services for modifications to the City's water disinfection system, and provide said services, and agreement with Camp Dresser McKee, 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 an agreement with Camp Dresser McKee for the engineering services for modifications to the City's water disinfection system, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of June, 1996. ATTEST: WHEREAS, the City of Round Rock desires to retain engineering WHEREAS, Camp Dresser McKee, has submitted an agreement to WHEREAS, the City Council desires to enter into said ANNE LAND, City Secretary C \ WPDCCS \RSSOLUPI \RS60613G.WPD /kg RESOLUTION NO. R- 96- 06- 13 -10G CHARLES CUL E ER, Mayor City of Round Rock, Texas . sP � U N D . qpc 9. AGREEMENT • >; �� :. FOR • ::y" ENGINEERING SERVICES MADE AND ENTERED INTO by and between the City of Round Rock, Texas hereinafter called the "Owner", and Camp Dresser & McKee Inc., hereinafter called the "Engineer ". RECITALS Owner intends to construct improvements to its disinfection system at the water Treatment Plant, Lake Creek Well Site and Westinghouse Well Site under the Capital Improvement Program. Such improvements are hereinafter referred to as the "Project". The estimated cost for the Project is approximately $ 150,000 including construction costs, engineering and contingencies. CONTRACTUAL UNDERTAKINGS SECTION I EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the Sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the Sections to follow. SECTION II CHARACTER AND EXTENT OF SERVICES The Engineer shall render the following professional services necessary for the development of the Project: A2466AGR.ADW 1 A. PRELIMINARY PHASE 1. Attend preliminary conference with the Owner regarding the Project. 2. Perform preliminary engineering services in connection with Project in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost estimates for the Project, and to set forth clearly the Engineer's recommendations. B. DESIGN PHASE 1. Prepare detailed specifications and contract drawings, in AutoCadd format for construction authorized by the Owner. These designs shall in all respects combine the application of sound engineering principles with a high degree of economy. Engineer shall deliver to Owner discs with AutoCadd files. Engineer shall deliver to Owner ink on mylar Record Drawings. 2. Prepare detailed cost estimates and proposals of authorized construction, which shall include summaries of bid items and quantities which will be based, wherever practical, on the unit price system of bidding. The Engineer shall not be required to guarantee the accuracy of these estimates. 3. Fumish the Owner all necessary copies of approved plans, specifications. 4. Design shall consist of the following items as itemized for each site: The basic services will consist of design of the following improvements at the Water Treatment Plant. a. ammonia taps, raw and treated water design b. treated water sample pump design c. chlorine analyzer design d. miscellaneous piping design e. electrical design f. instrumentation design The basic services will consist of design of the following improvements at the Lake Creek Well Site. a. tank inlet piping modification design b. tank discharge piping modifications design c. chlorine injector modifications design A2466AGR ADW 2 d. miscellaneous piping design e. electrical design f. instrumentation design The basic services will consist of design of the following improvements at the Westinghouse Well Site. a. chlorinator modifications b. electrical design c. instrumentation design C. CONSTRUCTION PHASE 1. Assist in the preparation of formal Contract Documents for the contracts. 2. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative described in Subparagraph 6 below) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing this service, the Engineer will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the work or material; he will not be responsible for the techniques and sequences of construction or the safety precautions incident thereto, and he will not be responsible or liable in any degree for the contractors' failure to perform the construction work in accordance with the Contract Documents. During visits to the construction site, and on the basis of the Engineer's on -site observations as an experienced and qualified design professional, he will keep the Owner informed of the extent of the progress of the work, and advise the Owner of material and substantial defects and deficiencies in the work of contractors which are discovered by the Engineer or otherwise brought to the Engineer's attention in the course of construction, and may, on behalf of the Owner, exercise whatever rights the Owner may have to disapprove work and materials as failing to conform to the Contract Documents. 3. Consult and advise with the Owner; issue all instructions to the contractor requested by the Owner; and prepare routine change orders as required. 4. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of materials and equipment and other data which the contractor is required to submit, only for conformance with the design concept of the Project and compliance with the information given by the Contract Documents; and assemble written guarantees which are required by the Contract Documents. A2466AGR.ADW 3 A2466AGR ADW 5. Review monthly and final estimates for payments to contractors, and furnish to the Owner any necessary certifications as to payments to contractors and suppliers in a form acceptable to the City. 6. Conduct, in company with the Owner, a final inspection of the Project for conformance with the design concept of the Project and compliance with the Contract Documents, and approve in writing final payment to the contractors. 7. Revise contract drawings, with the assistance of the resident Project Representatives, or the Owners representative, to provide record drawings of the completed Project. Fumish one set of reproducible drawings and one set of prints of there revised drawings to the Owner. 8. Other services to be provided during construction and following construction are as follows: 1. programming the controllers provided by the Contractor 2. assisting the City with the start-up of the controllers 3. training the operating staff on the operation of the controllers 4. providing O &M Manuals for the operation of the control system. SECTION III AUTHORIZATION OF SERVICES No professional services of any nature shall be undertaken by the Engineer under this Agreement until he has received written authorization from the Owner. SECTION IV PERIOD OF SERVICE This Agreement shall be effective upon execution by the Owner and the Engineer, and shall remain in force until terminated under the provisions hereinafter provided in Section X. 4 Classification Hourly Rate Drafting/Clerical $55.00 Engineer 1 and 2 $65.00 Engineer 3 and 4 $80.00 Engineer 5 and 6 $95.00 Principal /Associate $115.00 SECTION V COORDINATION WITH THE OWNER The Engineer shall hold periodic conferences with the Owner, or its representatives, to the end that the Project, as completed, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities, and be consistent with its current policies and construction standards. To implement this coordination, the Owner shall make available to the Engineer, for use in planning the Project, all existing plans, maps, field notes, statistics, computations, and other data in his possession relative to existing facilities and to the Project. A. FOR BASIC SERVICES: SECTION VI THE ENGINEER'S COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive the compensation hereinafter set forth, for the Preliminary, Design, and Construction Phases of the work and for Special Assignments and Services not included in these phases. All remittances by Owner of such compensation shall either be mailed or delivered to the Engineer's office. Owner shall pay Engineer for Basic Services performed or furnished under Section II on an hourly basis with a not -to- exceed limit. The schedule of hourly rates by employee classification is presented below. The schedule of not -to- exceed amounts is also presented below. City of Round Rock Chlorine and Ammonia System Improvements Hourly Rate Schedule A2466AGRADW 5 Basic Services Not -To- Exceed Amount Water Treatment Plant $9,250 Lake Creek Well Site $17, 950 Westinghouse Well Site $4,575 TOTAL BASIC DESIGN SERVICES $31,775 Special Services Not -To Exceed Amount TOTAL CONSTRUCTION AND POST CONSTRUCTION SERVICES $20,950 City of Round Rock Chlorine and Ammonia System Improvements Summary of Basic Design Services City of Round Rock Chlorine and Ammonia System Improvements Summary of Construction and Post Construction Services B. SPECIAL ASSIGNMENTS AND SERVICES NOT INCLUDED IN ABOVE PERCENTAGE CHARGES The charges described above in Paragraph A shall provide compensation to the Engineer for all basic services called for under this Agreement to be performed by him, or under his direction, except the services set forth below. These excluded services and Special Assignments, and the compensation to be paid by the Owner to the Engineer for their performance, as required, are as follows: The following services, if authorized by the Owner, shall be reimbursed in accordance with the Hourly Rate Schedule. 1. Services of a Resident Project Representative, and other field personnel as required, for on- the -site observation of construction. 2. Services for Construction Layout Surveys (Construction Staking). 3. Land surveys and establishment of boundaries and monuments. A2466AGR ADW 6 4. Preparation of any special reports required for marketing of bonds. 5. Appearances before regulatory agencies. 6. Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; valuations; and material audits or inventories required for certification of force account construction performed by the Owner. 7. Preparation of applications and supporting documents for government grants, loans or planning advances for public works projects. 8. Assistance to the Owner as an expert witness in any litigation with third parties, arising from the development or construction of the Project. Basis of Compensation: Hourly Rate Schedule. 9. Soil and foundation investigations, including test and analyses of test results. 10. Detailed mill, shop and /or laboratory inspection of materials or equipment. Basis of Compensation: Hourly Rate Schedule. 11. Extra travel required of the Engineer and authorized by the Owner from Round Rock to points other than the State of Texas in connection with the Project. Basis of Compensation: Cost of travel and living expenses. Cost of labor in accordance with Hourly Rate Schedule. 12. Payments to the Engineer for authorized services not in the basic percentage charges will be made by the Owner, upon presentation of statements by the Engineer for such services, within 30 days of receipt of the Billing Statement by the Owner. A2466AGR.ADW Should the Owner fail to make payment to the Engineer of the sum named in any partial or final statement when payment is past due for more than thirty (30) days, then the Owner shall pay to the Engineer, in addition to the sum shown as due by such statement, interest thereon at the current prime rate of banking institutions in Round Rock, from the date due, as provided herein, until fully paid, which shall fully liquidate any injury to the Engineer arising from such delay in payment, but the right is expressly reserved to the Engineer in event payments are not promptly made as provided herein, upon 10 days written notice to the Owner, to .treat the 7 Agreement as terminated by the Owner and recover compensation as provided by Section X of this Agreement. SECTION VII REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which, for its proper execution, involves extra services and expenses for changes in, or addition to the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by (but not limited to) the re- advertisement for bids or by the delinquency or insolvency of contractors, the Engineer shall be compensated for such extra services and expenses, which services and expenses shall not be considered as covered by the not -to- exceed amount stipulated in this Agreement. Compensation for such extra services shall be in accordance with Hourly Rate Schedule. However, no extra compensation will be granted to the Engineer for correcting errors in the plans or errors in the design of the Project or for revising design or plans when such design and plans prove not to be feasible for construction. SECTION VIII OWNERSHIP OF DOCUMENTS Engineer shall retain ownership of all original documents, plan designs, and survey notes on all projects that are not completed and for which Engineer is not compensated regardless of whether the instruments were copyrighted. Additionally, all such documents for which Engineer is not compensated Owner will not reuse for extensions of the original project or new projects unless Owner shall secure the permission of Engineer shall be entitled to further compensation for the use of such documents. All original documents, plan designs, and survey notes for completed or partially completed projects for which Engineer has been compensated shall be the property of Owner and Engineer and reproducible copies shall be furnished to the Owner upon request. The use by either party of such documents is unrestricted. However, reuse of such documents by Owner for other than their specific intended purpose shall be at the sole risk of the Owner and without liability or legal exposure to the Engineer. A2466AGRADW 8 SECTION IX GENERAL PROVISIONS A. Engineer warrants the design, preparation of drawings, the designation or selection of materials and equipment, the selection and supervision of its personnel and the performance of other services under this Agreement will be performed to the standard of performance in the profession. Owner's approval, acceptance, use of or payment for all or any part of Engineer's services hereunder or of the project itself shall in no way alter the Engineer's obligations or Owner's rights hereunder. B. Engineer agrees to and shall indemnify and hold harmless Owner, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising out of or in connection with the work done by the Engineer under this Agreement. C. Engineer assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes and discharges Owner, its officers, agents and employees, from all claims, demands, and causes of action of every kind and character including the cost of defense thereof, for any injury to, including death of, any person (whether they be third persons, contractor, or employees of either of the parties hereto) and any loss of or damage to property (whether the same be that either of the parties hereto or of third parties) caused by or alleged to be caused by, arising out of, or in connection with the negligent acts, errors, or omissions of Engineer in the performance of its services under this Agreement. D. This Agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. SECTION X TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other thirty (30) days notice in writing. Upon delivery of such notice by the Owner to the Engineer, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement.As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, A2466AGR ADW 9 showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that portion of the prescribed charges which the services actually performed under this Agreement bear to the total services called for under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. SECTION XI ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communication under this Agreement to be mailed or delivered to Engineer shall be to the following address: Camp Dresser & McKee Inc. 8911 Capital of Texas Highway, Suite 4240 Austin, TX 78759 All notices and communications under this Agreement to be mailed or delivered to the Owner shall be to the following address: Each Section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Section or in any way determine its interpretation or application. A2466AGR.ADW City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SECTION XII SECTION CAPTIONS 10 SECTION XIII SCHEDULE OF COMPLETION The Engineer will fulfill the scope of services included in the Project in a professional and timely manner. The Owner's wishes and requirements regarding the project will be conveyed through the City's Director of Public Works, and the Engineer shall confer frequently with the Director of Public Works throughout the Design Phase of the Project. The date for completion of the Design Phase is three weeks following notice to proceed . SECTION XIV SUCCESSORS AND ASSIGNS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this Agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of the Agreement. Except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any public body which may be a party hereto. EXECUTED in two counterparts (each of which is an original) on behalf of the Engineer by its Vice - President shown below, and on b alf of the Owner by its Mayor (thereunto duly authorized) this the l3 day of 19 OWNER: CITY OF ROUND ROCK anne Land, City Secretary E = INEER: CA DRE Allen D. Woelke, Principal Engineer engrsery mt3 A2466AGR ADW R & McKEE INC. 11 Charles Culpepaer, c ayor Clyde Q B nett, Associate DATE: June 10, 1996 SUBJECT: City Council Meeting, June 13, 1996 ITEM: 10G. Consider a resolution authorizing the Mayor to execute an engineering agreement for modifications to the City's water disinfection system. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Date: June 10, 1996 To: Jim Nuse, P.E. Public Works Director From: Steven Miller, P.E. Facilities Engineer MEMORANDUM SubJ: Engineering Contract - Disinfection System Improvements Last fall Public Works initiated a redesign of the City's disinfection system to change to chloramines. This was necessary to become compatible with Austin's water which is now connected to Round Rock's system through the Co. Rd. 172 interconnect. The new disinfection system improvements have performed to their intended design, however, the chlorine equipment at the Main Well site requires the system pressures to be boosted. The static pressure from Tower Drive tank is not sufficient to operate the newly installed chlorine equipment, i.e., the tank has to be kept completely full for the equipment to sustain a reliable vacuum pressure. Since maintaining a completely full tank at all times is impractical additional modifications to boost the pressure at the Main Well is necessary. Additionally, during the start -up of the ammonia equipment we discovered process control problems in maintaining a predictable total chlorine level. As you are aware, the change to chloramines involves proportioning ammonia gas based on real time chlorine levels. Currently, the ammonia equipment is capable of providing proper dosage, but not in an automatic mode. Subsequently, automatic control is crucial to maintaining a reliable ammonia dosage. These new improvements will allow the equipment to run without constant site inspections. The attached Engineering Service agreement describes the additional improvements to the City's disinfection facilities. These improvements are necessary to accurately control the chloramination process.