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R-13-05-23-I12 - 5/23/2013RESOLUTION NO. R -13-05-23-I12 WHEREAS, the City of Round Rock has previously entered into a Contract for Engineering Services ("Contract") with CDM Smith, Inc. for the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement Project, and WHEREAS, CDM Smith, Inc. has submitted Supplemental Contract No. 4 to the Contract to modify the provisions for the scope of services, and WHEREAS, the City Council desires to enter into said Supplemental Contract No. 4 with CDM Smith, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Supplemental Contract No. 4 to the Contract with CDM Smith, Inc., a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of May, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0A\ dox\SCOnts\0112\1304\MUNICIPAL\00274776.DOC/rmc EXHIBIT STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL CONTRACT NO. 4 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CDM Smith, Inc. f"Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, TX 78727 PROJECT: Water Treatment Plant for the Cedar Park/Round RocIdLeander Regional Water System Improvement This Supplemental Contract No. 4 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and CDM Smith, Inc., hereinafter called the "Engineer". WHEREAS, the Owners and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 21st day of December, 2006 for the Water Treatment Plant for the Cedar Park / Round Rock / Leander Water System Improvement Project in the amount of $703,112.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 1 on April 12, 2007 to modify the provisions for the scope of services, to increase the compensation by $2,606,800.00 to a total of $3,309,912.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 2 on September 13, 2007 to modify the provisions for the scope of services, to increase the compensation by $850,693.00 to a total of $4,160,605.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 3 on October 23, 2008 to modify the provisions for the scope of services, to increase the compensation by $953,804.00 to a total of $5,114,409.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $159,855.00 to a total of $5,274,264.00; NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit D, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit D. Supplemental Contract Rev.I2/01/08 0140.4634-35 84275 00274730 II. Article 4, Compensation and Exhibit E, Fee Schedule shall be amended by increasing by $159,855.00 the lump sum amount payable under the Contract for a total of $5,274,264.00, as shown by the attached Addendum to Exhibit E. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. CDM SMITH, INC. By: Date CITY OF ROUND ROCK By: Alan McGraw, Mayor Date Supplemental Contract 0140.4634-35 00274730 2 APPROVED AS TO FORM: Stephan L. Sheets, City Attorney Rev. 12/01/08 84275 ADDENDUM TO EXHIBIT B Engineering Services Task I: Provide Additional General Contractor Pre -Qualification Packages 1. Updated and reviewed Pre -Qualification package with OWNER. 2. Coordinated Pre -Qualification legal advertisements with Round Rock Leader and Hill Country News for publication. 3. Pre -qualified an additional contractor making it eight pre -qualified general contractors. 4. Reviewed contractor follow-up information and distributed to OWNER. 5. Reviewed, verified, and summarized pre -qualification packages in matrix form. 6. Conducted Pre -Qualification Workshop with OWNER and revised questionnaire and clarifications. 7. Assigned Pre -Qualification approval to eight general contractors. 8. Responded to follow-up questions and communications as necessary. Task 2: Update Preliminary Design Report to Incorporate VE Items 1. Revise Preliminary Design Report (PDR), as required, to incorporate PDR Addendum prepared for Texas Water Development Board (TWDB) that describes Phase I (i.e., 17 MGD capacity) and how it differs from the original PDR phasing (i.e., Phase I - 30 MGD capacity). 2. Prepared TWDB Supplemental Information Submittal, dated February 2009. This document was delivered to the OWNER and TWDB/TCEQ on February 26, 2009. 3. Submit six (6) copies to the OWNER for review and comment. 4. Address comments and submit ten (10) final copies to the OWNER. Task 3: Provide Responses to Texas Water Development Board (TWDB) Information Requests 1. Prepared and submitted five (5) resubmittals/revisions to the Environmental Assessment (EA) to TWDB and OWNER dated October 15, 2008, December 4, 2008, March 9, 2009, April 27, 2009 and June 19, 2009. Each of these submittals addressed Action Items from previous TWDB project meetings. 2. Received comments, revised EA and transmitted copies of revised EA to TWDB and OWNER. 3. Provide TWDB Funding Application Assistance a. Prepared and provided TWDB Loan Closing Documents and related matters. b. Prepared briefing materials and attended a meeting with TWDB staff on June 17, 2009 to discuss finalization of OWNER's loan and the requirements for acquiring Distribution Lines 2A and 2B. C. Prepared and provided the final Phase IA Loan Closing Funding Allocation spreadsheet to TWDB on June 24, 2009. d. Prepared briefing materials and attended a meeting with OWNER's Finance Department personnel regarding the Phase 1 A Loan Closing Funding Allocation. 4. Provide TWDB Water Rights Determination Assistance a. In response to TWDB's Water Rights Determination Information Request on March 25, 2009, ENGINEER provided assistance and prepared detailed written memorandums to TWDB, dated May 4, 2009, May 5, 2009 and May 8, 2009. b. CDM Smith communicated with OWNER and TWDB, as necessary to prepare the responses and provide all information requested by TWDB. Task 4: Revise General Conditions (Division 0) - Bid Documents 1. Prepared a draft version of Division 0 based on City of Round Rock's General Conditions, Section 00700. 2. Prepared meeting materials and conducted meetings with Jacobs Engineering, Lockwood, Andrews & Newnam (LAN), Karen Friese & Associates (KFA) and OWNER on April 24, 2009 and May 5, 2009 to review and coordinate the revised Division 0 documents. 3. Revised Round Rock's Section 00800 based on the City's input and submitted the document to other subconsul tants on May 12, 2009. 4. Conducted follow-up meetings with the OWNER and other design firms to review the revised documents and to establish final Phase IA Supplemental General Conditions and other Division 0 specifications. Task 5: Revise Size of the Sludge Dewatering Facility (SDF) to Decrease Cost 1. Revise the Contract Documents (plans and specifications) by reducing the floor area of the Sludge Dewatering Facility by 25 percent and the height by about six - feet that resulted in an estimated construction cost savings of $240,000. 2. This work included changes to the civil, structural, architectural, process mechanical and electrical drawings. Task 6: Incorporate the Elevated Storage Tank (EST) into the Phase l.A Project 1. Revise the Contract Documents (plans and specifications) by adding four new specification sections, modifying approximately 15 specification sections, adding approximately 18 new Drawings, and modifying approximately 32 Drawings to incorporate the following changes: a. Include the Elevated Storage Tank (EST) in the base bid, and show it being removed as a deductive alternate. b. Include the (3) 500HP Booster Pumps with 24" control valves and discharge piping in the base bid, and show the (1) 500HP Booster Pump with 24" control valve and discharge piping and (2) 250HP Booster Pumps with 18" control valves and discharge piping as a deductive alternate. C. Locate the telemetry antenna atop the EST in the base bid, and show it being relocated to the TSC in a deductive alternate. d. Locate a site access roadway to the EST in the base bid, and show it being removed in a deductive alternate. e. Revise Division 0's Bid Form and Section 01026, Measurement and Payment and all related specification sections to include the EST in the Base Bid and as a Deductive Alternate Bid Item. 2 ADDENDUM TO EXHIBIT D Work Schedule TASK No. TASK DESCRIPTION END DATE 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE- COMPLETE QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO COMPLETE INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT COMPLETE BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) - BID COMPLETE DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY COMPLETE (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK (EST) COMPLETE INTO THE PHASE 1A PROJECT ADDENDUM TO EXHIBIT E Fee Schedule ATASK I TNa TASK DESCRIPTION COST I 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE- $8,361 QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO $31,948 INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT $34,394 BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) -- BID $9,573 DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY $21,273 (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK` (EST) $54,306 INTO THE PHASE 1A PROJECT TOTAL $159,855 City of Round Rock ROUND ROCK TEXAS ruuaff. v.�on raosrwn Agenda Item Summary Agenda Number: 1.12 Title: Consider a resolution authorizing the Mayor to execute Supplemental Contract No. 4 with CDM Smith, Inc. for the Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement Project. Type: Resolution Governing Body: City Council Agenda Date: 5/23/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $159,855.00 Indexes: Regional Water Fund Attachments: Resolution, Exhibit A Text of Legislative File 13-363 CDM Smith, Inc. was selected by the Cities of Round Rock, Cedar Park, and Leander as the design firm for the Brushy Creek Regional Utility Authority (BCRUA) - Water Treatment Plant. This Supplemental Agreement No. 4 is for additional services associated with the BCRUA project. These services include the following: - Provided additional General Contractor Pre -Qualification packages - Updated Preliminary Design Report to incorporate Value Engineering items - Provided responses to Texas Water Development Board information requests - Revised General Conditions of the Bid Documents - Revised size of the Sludge Dewatering Facility to decrease cost - Incorporated the Elevated Storage Tank in the Phase 1A Project Although the BCRUA has not issued a final acceptance of the treatment plant, the plant is in operation and treating between 4 to 5 million gallons per day (mgd). Cedar Park and Leander are taking treated water at this time. It is anticipated that Round Rock will not take water from the regional system until around 2016. This Supplemental Agreement is for $159,855 which brings the total cost of the engineering contract for design and bidding phase services to $5,274,264. The engineering fees will be paid on a percentage of each City's ultimate capacity in the Water Treatment Plant. Round Rock's share is 38.56% or $2,033,756.20 of the total contract cost, which is based on an ultimate capacity in the system of 40.8 mgd. Cost: $159, 855.00 Source of Funds:Regional Water Fund City of Round Rock Page 1 Printed on 512112013 EXECUTED ORIGINAL DOCUMENT FOLLOW STATE OF TEXAS § COUNTY OF WILLIAMSON § SUPPLEMENTAL CONTRACT NO.4 TO CONTRACT FOR ENGINEERING SERVICES FIRM: CDM Sinith, Inc. ("Engineer") ADDRESS: 12357-A Riata Trace Parkway, Suite 210, Austin, TX 78727 PROJECT: Water Treatment Plant for the Cedar Park/Round Rock/Leander Regional Water System Improvement This Supplemental Contract No. 4 to Contract for Engineering Services is made by and between the City of Round Rock, Texas, hereinafter called the "City" and CDM Smith, Inc., hereinafter called the "Engineer". WHEREAS, the Owners and Engineer executed a Contract for Engineering Services, hereinafter called the "Contract", on the 21 st day of December, 2006 for the Water Treatment Plant for the Cedar Park / Round Rock / Leander Water System Improvement Project in the amount of $703,112.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No, I on April 12, 2007 to modify the provisions for the scope of services, to increase the compensation by $2,606,800.00 to a total of $3,309,912.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 2 on September 13, 2007 to modify the provisions for the scope of services, to increase the compensation by $850,693.00 to a total of $4,160,605.00; and WHEREAS, the Owners and Engineer executed Supplemental Contract No. 3 on October 23, 2008 to modify the provisions for the scope of services, to increase the compensation by $953,804.00 to a total of $5,114,409.00; and WHEREAS, it has become necessary to amend the Contract to modify the provisions for the scope of services and to increase the compensation by $159,855.00 to a total of $5,274,264.00; NOW THEREFORE, premises considered, the City and the Engineer agree that said Contract is amended as follows: I. Article 2, Engineering Services and Exhibit B, Engineering Services shall be amended as set forth in the attached Addendum To Exhibit B. Exhibit D, Work Schedule shall be amended as set forth in the attached Addendum To Exhibit D. Supplemental Contract Rev.12/01/08 4140.4634-35 84275 00274730 �Z-t3-0C�23-S1� II. Article 4, Compensation and Exhibit E, Fee Schedule shall be amended by increasing by $159,855.00 the lump sum amount payable under the Contract for a total of $5,274,264.00, as shown by the attached Addendum to Exhibit E. IN WITNESS WHEREOF, the City and the Engineer have executed this Supplemental Contract in duplicate. CDl By: 14 L2 Date CITY OFF ROUND ROCK AP R VEDAS T FORM: By: ((%m Alan McGraw, Mayor Step L. Sheets, City Attorney � 23•l2 Date Supplemental Contract Rev. 12/01/08 0140.4634-35 84275 00274730 ADDENDUM TO EXHIBIT B Engineering Services Task 1: Provide Additional General Contractor Pre -Qualification Packages 1. Updated and reviewed Pre -Qualification package with OWNER. 2. Coordinated Pre -Qualification legal advertisements with Round Rock Leader and Hill Country News for publication. 3. Pre -qualified an additional contractor making it eight pre -qualified general contractors. 4. Reviewed contractor follow-up information and distributed to OWNER. 5. Reviewed, verified, and summarized pre -qualification packages in matrix form. 6. Conducted Pre -Qualification Workshop with OWNER and revised questionnaire and clarifications. 7. Assigned Pre -Qualification approval to eight general contractors. 8. Responded to follow-up questions and communications as necessary. Task 2: Update Preliminary Design Report to Incorporate VE Items 1. Revise Preliminary Design Report (PDR), as required, to incorporate PDR Addendum prepared for Texas Water Development Board (TWDB) that describes Phase IA (i.e., 17 MGD capacity) and how it differs from the original PDR phasing (i.e., Phase 1 - 30 MGD capacity). 2. Prepared TWDB Supplemental Information Submittal, dated February 2009. This dociumnt was delivered to the OWNER and TWDB/TCEQ on February 26, 2009. 3. Submit six (6) copies to the OWNER for review and comment. 4. Address comments and submit ten (10) final copies to the OWNER. Task 3: Provide Responses to Texas Water Development Board (TWDB) Information Requests 1. Prepared and submitted five (5) resubmittals/revisions to the Environmental Assessment (EA) to TWDB and OWNER dated October 15, 2008, December 4, 2008, March 9, 2009, April 27, 2009 and June 19, 2009. Each of these submittals addressed Action Items from previous TWDB project meetings. 2. Received comments, revised EA and transmitted copies of revised EA to TWDB and OWNER. 3. Provide TWDB Funding Application Assistance a. Prepared and provided TWDB Loan Closing Documents and related matters. b. Prepared briefing materials and attended a meeting with TWDB staff on June 17, 2009 to discuss finalization of OWNER's loan and the requirements for acquiring Distribution Lines 2A and 2B. C. Prepared and provided the final Phase I Loan Closing Funding Allocation spreadsheet to TWDB on June 24, 2009. d. Prepared briefing materials and attended a meeting with OWNER's Finance Department personnel regarding the Phase 1 A Loan Closing Funding Allocation. 4. Provide TWDB Water Rights Determination Assistance a. In response to TWDB's Water Rights Determination Information Request on March 25, 2009, ENGINEER provided assistance and prepared detailed written memorandums to TWDB, dated May 4, 2009, May 5, 2009 and May 8, 2009. b. CDM Smith communicated with OWNER and TWDB, as necessary to prepare the responses and provide all information requested by TWDB. Task 4: Revise General Conditions (Division 0) - Bid Documents 1. Prepared a draft version of Division 0 based on City of Round Rock's General Conditions, Section 00700. 2. Prepared meeting materials and conducted meetings with Jacobs Engineering, Lockwood, Andrews & Newnam (LAN), Karen Friese & Associates (KFA) and OWNER on April 24, 2009 and May 5, 2009 to review and coordinate the revised Division 0 documents. 3. Revised Round Rock's Section 00800 based on the City's input and submitted the document to other subconsultants on May 12, 2009. 4. Conducted follow-up meetings with the OWNER and other design firms to review the revised documents and to establish final Phase IA Supplemental General Conditions and other Division 0 specifications. Task 5: Revise Size of the Sludge Dewatering Facility (SDF) to Decrease Cost I . Revise the Contract Documents (plans and specifications) by reducing the floor area of the Sludge Dewatering Facility by 25 percent and the height by about six - feet that resulted in an estimated construction cost savings of $240,000. 2. This work included changes to the civil, structural, architectural, process mechanical and electrical drawings. Task 6: Incorporate the Elevated Storage Tank (EST) into the Phase lA Project 1. Revise the Contract Documents (plans and specifications) by adding four new specification sections, modifying approximately 15 specification sections, adding approximately 18 new Drawings, and modifying approximately 32 Drawings to incorporate the following changes: a. Include the Elevated Storage Tank (EST) in the base bid, and show it being removed as a deductive alternate. b. Include the (3) 500HP Booster Pumps with 24" control valves and discharge piping in the base bid, and show the (1) 500HP Booster Pump with 24" control valve and discharge piping and (2) 250HP Booster Pumps with 18" control valves and discharge piping as a deductive alternate. C. Locate the telemetry antenna atop the EST in the base bid, and show it being relocated to the TSC in a deductive alternate. d. Locate a site access roadway to the EST in the base bid, and show it being removed in a deductive alternate. e. Revise Division 0's Bid Form and Section 01026, Measurement and Payment and all related specification sections to include the EST in the Base Bid and as a Deductive Alternate Bid Item. 2 ADDENDUM TO EXHIBIT D Work Schedule TASK No.TASK DESCRIPTION END DATE 1.0 PROVIDE ADDITIONAL GENERAL CONTRACTOR PRE- COMPLETE QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO COMPLETE INCORPORATE VE/DEFERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT COMPLETE BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) - BID COMPLETE DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY COMPLETE (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK (EST) COMPLETE INTO THE PHASE 1A PROJECT ADDENDUM TO EXHIBIT E Fee Schedule TASK TASK No. TASK DESCRIPTION COST 1.0 PROVIDE ADDMONAL GENERAL CONTRACTOR PRE- $8,361 QUALIFICATION PACKAGES 2.0 UPDATE PRELIMINARY DESIGN REPORT (PDR) TO $31,948 INCORPORATE VE/DEPERRAL RECOMMENDATIONS 3.0 PROVIDE RESPONSES TO TEXAS WATER DEVELOPMENT $34,394 BOARD (TWDB) INFORMATION REQUESTS 4.0 REVISE GENERAL CONDITIONS (DIVISION 0) -- BID $9,573 DOCUMENTS 5.0 REVISE SIZE OF THE SLUDGE DEWATERING FACILITY $21,273 (SDF) TO DECREASE COST 6.0 INCORPORATE THE ELEVATED STORAGE TANK(EST) $54,306 INTO THE PHASE 1A PROJECT TOTAL $159,855