R-01-01-25-10C3 - 1/25/2001 . T
RESOLUTION NO. R-01-01-25-100
WHEREAS, the City of Round Rock desires to retain professional
engineering services for the design of a De-chlorinating Facility, 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 professional engineering services for the
design of a De-chlorinating Facility, a copy of said contract being
attached hereto 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, and the Act .
RESOLVED this 25th day of Januaa ;- 01 .
I
ROB T A. STLUKA, JR. , Mayor
ATT ST: City of Round Rock, Texas
AA AAA J
JO&NE LAND, City Secretary
K:\WPDOCS\RESOLUTI\R10125C3.WPD/sc
Contract No.
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. , having its principal business
address at 50 Hampshire Street, Cambridge,MA 02139 ,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, Resolution No. establishes the City's policies and procedures for
contracting for engineering services; and
WHEREAS, the City desires to contract for engineering services described as follows:
Dechlorination/Rechlorination Project
Provide plans and specifications for the construction of chemical feed facilities near the location
where City of Austin water is purchased that will dechlorinate the water and subsequentlX
rechlorinate the water.
AGREEMENT
NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants
and agreements herein contained, do hereby mutually agree as follows:
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.
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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 December 31, 2001 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.
The lump sum amount payable under this Contract without modification of the Contract is
$ 36,450.00 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.
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The fee may be 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). The submittal
shall also include the progress assessment report, identified as Attachment H-2. 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 may be pertinent and necessary, or as
may be 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.
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
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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 may be waived in writing by both parties. The work may be
reinstated and resumed in full force and effect within sixty(60)days of receipt of written notice from
the City to resume the work. The sixty day notice may be waived in writing by both parties.
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.
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.
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ARTICLE 11
SUPPLEMENTAL AGREEMENTS
The terms of this Contract may be 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.
Any supplemental agreement must be executed by both parties within the contract period
specified in Article 3 - Contract Period.
It is understood and agreed that no claim for extra work done or materials furnished shall be
made by the Engineer until full execution of the supplemental agreement and authorization to
proceed is granted by the City. 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 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.
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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
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 its 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
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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
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
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compensation. The Engineer's responsibility for all questions arising from design errors and/or
omissions will be determined by the City. 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.
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
INSPECTION OF ENGINEER'S BOOKS AND RECORDS
AND AUDIT REQUIREMENTS
The City shall have the exclusive right to examine the books and records of the Engineer for
the purpose of checking the amount of work performed by the Engineer at the time of contract
termination. The Engineer shall maintain all books, documents,papers, accounting records and other
evidence pertaining to cost incurred and shall make such materials available at its office during the
contract period and for four (4) years from the date of final payment under this Contract or until
pending litigation has been completely and fully resolved, whichever occurs last. The City or any
of its duly authorized representatives, shall have access to any and all books, documents,papers and
records of the Engineer which are directly pertinent to this Contract for the purpose of making audits,
examinations, excerpts and transcriptions.
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ARTICLE 26
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 27
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 28
COMPUTER GRAPHICS FILES
The Engineer agrees to comply with the Special Provision "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 29
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 30
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 31
PRIOR CONTRACT SUPERSEDED
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.
ARTICLE 32
NOTICES
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:
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City of Round Rock Camp Dresser& McKee Inc.
Attn.: City Manager Attn.: Allen D. Woelke, P.E.
221 E. Main St. 9111 Jollyville Road, Suite 105
Round Rock, TX 78664 Austin, TX 78759
with copy to:
Stephan L. Sheets
City Attorney
309 E. Main St.
Round Rock, Texas 78664
ARTICLE 33
SIGNATORY WARRANTY
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.
Camp Dresser&McKee Inc.
THE ENGINEER
By:
Signature
Allen D. Woelke, P.E.
Printed Name
Vice President
Title
Date
City 05"o uitdock
By:
Robert A. Stluka, Mayor
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LIST OF ATTACHMENTS
Attachment A - Services to be Provided by the City of Round Rock
Attachment B - Services to be Provided by the Engineer
Attachment C - Work Schedule, if applicable
Attachment D - Fee Schedule
Attachment E - Work Authorizations
Attachment F - Supplemental Work Authorizations, if applicable
Attachment G - Certificate of Insurance
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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
design 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 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. Provide as required by the Contract Documents, engineering surveys and staking to enable
Contractor to proceed with the layout of the work, and other special field surveys;
e. 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;
f. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications,
proposals and other documents presented by Engineer;
g. 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;
h. Provide labor and safety equipment to open and protect manholes and/or to operate valves
and hydrants as required by the Engineer; and
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i. 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.
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Attachment B
To the Agreement
Between the City of Round Rock and
Camp Dresser & McKee Inc.
for Professional Services
Services to be Provided by the Engineer
Project Description
This project consists of the design of the chemical feed facilities necessary to dechlorinate the City of
Austin's chloraminated drinking water and to chlorinate it so that it will have a free chlorine residual that
matches the City of Round Rock's current disinfectant.
Pre-Design Services
1. Engineer shall work with the City to perform jar tests on the City of Austin water to
verify the chemical feed rates,reaction times and final water quality. The City shall
perform the jar tests, or have them done by outside labs. Engineer shall review the results
and incorporate the results into the final design of the Dechlor/Chlor facility. If
additional data is needed to finalize the design,Engineer shall make a request of the City
to collect such data.
2. Engineer shall provide topographic survey of the required area of the work site. The
topographic survey will locate all physical features of the required area including existing
water meter vaults, fence lines,water line locations, if possible, and other physical
features. The survey will also determine the elevations of major structures and pipelines
in the vaults. The survey will be performed to allow development of one foot contours.
Design Phase
1. Prepare for incorporation in the Contract Documents final Drawings showing the scope,
extent and character of the work to be performed and furnished by Contractor and
Specifications(which will be prepared,where appropriate, in conformance with the
sixteen division format of the Construction Specifications Institute).
2. Provide technical criteria, written descriptions and design data for use in filing
applications for permits with or obtaining approvals of such governmental authorities as
have jurisdiction to review or approve the final design of the Project, and assist Owner in
consultations with appropriate authorities.
3. Advise Owner of any adjustments to the opinion of probable construction cost and any
adjustments to total project costs known to Engineer as a result of change in scope,extent
or character of design requirements of the Project.
4. After consulting with the City Attorney concerning Owner's desired format,prepare for
review and approval by Owner,its legal counsel and other advisors,contract agreement
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forms, general conditions and supplementary conditions, and(where appropriate)bid
forms,and assist in the preparation of other related documents. Engineer shall modify
documents in accordance with the recommendations of Owner.
5. Furnish three copies of the above documents, Drawings and Specifications to and review
them with Owner
6. Engineer's services under the Design Phase will be considered complete at the date when
the submittals have been accepted by Owner plus such additional time as may be
considered reasonable for obtaining approval of governmental authorities having
jurisdiction to approve the portions of the Project designed or specified by Engineer,if
such approval is to be obtained during Design Phase.
7. The scope of work consists of the drawings listed in Attachment E to show the extent of
the work to be completed
Bidding Phase
The project as currently proposed will be negotiated with a contractor. As such,there will be no
bidding phase services provided.
Construction Phase
During the Construction Phase:
1. General Administration of Construction Contract
ENGINEER shall consult with and advise OWNER and act as OWNER's representative as
provided in the Standard General Conditions. The extent and limitations of the duties,
responsibilities and authority of ENGINEER as assigned in said Standard General
Conditions shall not be modified, except as ENGINEER may otherwise agree in writing.
All of OWNER's instructions to Contractor will be issued through ENGINEER who shall
have authority to act on behalf of OWNER in dealings with Contractor to the extent
provided in this Agreement and said Standard General Conditions except as otherwise
provided in writing.
2. Visits to Site and Observation of Construction
In connection with observations of the work of Contractor while in progress:
a. ENGINEER shall make visits to the site at intervals appropriate to the various stages
of construction as ENGINEER deems necessary in order to observe as an experienced
and qualified design professional the progress and quality of the various aspects of
Contractor's work. Such visits and observations by ENGINEER are not intended to be
exhaustive or to extend to every aspect of the work in progress, or to involve detailed
inspections of the work beyond the responsibilities specifically assigned to
ENGINEER in this Agreement and the Contract Documents, but rather are to be
limited to spot checking, selective sampling and similar methods of observation of the
work based on ENGINEER's exercise of professional judgment as assisted by the
OWNER's Project Representative. Based on information obtained during such visits
and such observations, ENGINEER shall endeavor to determine if such work is
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proceeding in accordance with the Contract Documents and ENGINEER shall keep
OWNER informed of the progress of the work.
b. The purpose of ENGINEER's visits to the site will be to enable ENGINEER to better
carry out the duties and responsibilities assigned to and undertaken by ENGINEER
during the Construction Phase, and, in addition, by the exercise of ENGINEER's
efforts as an experienced and qualified design professional, to provide for OWNER a
greater degree of confidence that the completed work of Contractor will conform to
the Contract Documents and that the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents has been
implemented and preserved by Contractor. On the other hand, ENGINEER shall not,
during such visits or as a result of such observations of Contractor's work in progress,
supervise, direct or have control over Contractor's work nor shall ENGINEER have
authority over or responsibility for the means, methods, techniques, sequences or
procedures of construction selected by Contractor, for safety precautions and
programs incident to the work of Contractor or for any failure of Contractor to comply
with laws,rules,regulations, ordinances, codes or orders (other than orders emanating
from OWNER or ENGINEER with respect to the work, such as change orders)
applicable to Contractor's furnishing and performing the work.
3. Defective Work
During such visits on the basis of such observations, ENGINEER shall have authority and
duty to disapprove of or reject Contractor's work while it is in progress if ENGINEER
believes that such work will not produce a completed Project that conforms to the Contract
Documents or that it will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the Contract Documents.
4. Clarifications and Interpretations;Field Orders.
ENGINEER shall issue necessary clarifications and interpretations of the Contract
Documents as appropriate to the orderly completion of the work. Such clarifications and
interpretations will be consistent with the intent of and reasonably inferable from the
Contract Documents. ENGINEER may issue Field Orders authorizing minor variations
from the requirements of the Contract Documents.
5. Change Orders and Work Change Directives
ENGINEER shall recommend Change Orders and Work Change Directives to OWNER as
appropriate, and shall prepare Change Orders and Work Change Directives as required. If
requested by OWNER, ENGINEER will be in attendance at the City Council meeting to
describe the necessity for the Change Order.
6. Shop Drawings
ENGINEER shall review and approve (or take other appropriate action in respect of) Shop
Drawings and Samples and other data which Contractor is required to submit, but only for
conformance with the information given in the Contract Documents and compatibility with
the design concept of the completed Project as a functioning whole as indicated in the
Contract Documents. Such reviews and approvals or other action will not extend to means,
methods, techniques, sequences or procedures of construction or to safety precautions and
programs incident thereto.
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7. Substitutes
ENGINEER shall evaluate and determine the acceptability of substitute or "or-equal"
materials and equipment proposed by Contractor.
8. Inspections and Tests
ENGINEER may require special inspections or tests of the work, and shall receive and
review all certificates of inspections, tests and approvals required by laws, rules,
regulations, ordinances, codes, orders or the Contract Documents. ENGINEER's review of
such certificates will be for the purpose of determining that the results certified indicate
compliance with the Contract Documents and will not constitute an independent evaluation
that the content or procedures of such inspections, test or approvals comply with the
requirements of the Contract Documents. ENGINEER shall be entitled to rely on the
results of such tests.
9. Disagreements between OWNER and Contractor
ENGINEER shall render the initial decisions on all claims of OWNER and Contractor
relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents pertaining to the execution and progress of the work. In rendering
such decisions,ENGINEER shall be fair and impartial to OWNER and Contractor to ensure
the work complies with the requirements of the Contract Documents, and shall not be liable
for the rendering of any decision made in good faith in such capacity.
10. Applications for Payment
Based on ENGINEER's on-site observations as an experienced and qualified design
professional and on review of Applications for Payment and the accompanying data and
schedules:
a. ENGINEER shall determine the amounts that ENGINEER recommends Contractor be
paid. Such recommendations of payment will be in writing and will constitute
ENGINEER's representation to OWNER, based on such observations and review,
that, to the best of ENGINEER's knowledge, information and belief, the work has
progressed to the point indicated, the quality of such work is in accordance with the
Contract Documents (subject to an evaluation of such work as a functioning whole
prior to or upon Substantial Completion, to the results of any subsequent tests called
for in the Contract Documents and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor's being entitled to such
payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to
observe the work. In the case of unit price work, ENGINEER's recommendations of
payment will include final determinations of quantities and classifications of such
work (subject to any subsequent adjustments allowed by the Contract Documents).
The responsibilities of ENGINEER contained in Paragraph a. are expressly subject to
the limitations set forth in Paragraph b. and other express or general limitations in the
Agreement and elsewhere.
b. By recommending any payment ENGINEER shall not thereby be deemed to have
represented that on-site observations made by ENGINEER to check the quality or
quantity of Contractor's work as it is performed and furnished have been exhaustive,
A4230Att.doc
extended to every aspect of the work in progress, or involved detailed inspections of
the work beyond the responsibilities specifically assigned to ENGINEER in this
Agreement and the Contract Documents. Neither ENGINEER's review of
Contractor's work for the purposes of recommending payments nor ENGINEER's
recommendation of any payment (including final payment) will impose on
ENGINEER responsibility to supervise, direct or control such work or for the means,
methods, techniques, sequences or procedures of construction or safety precautions or
programs incident thereto, or Contractor's compliance with laws, rules, regulations,
ordinances, codes or orders applicable to Contractor's furnishing and performing the
work. It will also not impose responsibility on ENGINEER to make any examination
to ascertain how or for what purposes Contractor has used the moneys paid on account
of the Contract Price, or to determine that title to any of the work, materials or
equipment has passed to OWNER free and clear of any liens, claims, security interests
or encumbrances, or that there may not be other matters at issue between OWNER
and Contractor that might affect the amount that should be paid.
11. Contractor's Completion Documents
ENGINEER shall receive, review and transmit to OWNER with written comments
maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other
evidence of insurance required by the Contract Documents, certificates of inspection, tests
and approvals, and marked-up record documents (including Shop Drawings, Samples and
other data approved as provided under Paragraph 6 and marked-up record Drawings)which
are to be assembled by Contractor in accordance with the Contract Documents to obtain
final payment. ENGINEER's review of such documents will only be to determine that their
content complies with the requirements of, and in the case of certificates of inspections,
tests and approvals that the results certified indicate compliance with, the Contract
Documents.
12. Substantial Completion
Following notice from Contractor that Contractor considers the entire work ready for its
intended use, ENGINEER and OWNER, accompanied by Contractor, shall conduct an
inspection to determine if the work is substantially complete. If after considering any
objections of OWNER, ENGINEER considers the work substantially complete,
ENGINEER shall deliver a Certificate of Substantial Completion to OWNER and
Contractor. The Certificate of Substantial Completion shall only allow OWNER to begin
operation of the item constructed hereunder, but shall not constitute final acceptance of the
work or Certificate of Final Completion.
13. Final Notice of Acceptability of the Work
ENGINEER shall conduct a final inspection to determine if the completed work of
Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to
Contractor. Accompanying the recommendation for final payment, ENGINEER shall
indicate that the work is acceptable(subject to the provisions of Paragraph 10.b.)to the best
of ENGINEER's knowledge, information and belief and based on the extent of the services
performed and furnished by ENGINEER under this Agreement.
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14. ENGINEER's Completion Documents
ENGINEER shall utilize the marked-up contract drawings from the Contractor, with the
assistance of the OWNER's representative, to provide Record Drawings of the completed
Project. ENGINEER shall furnish one set of reproducible drawings and one set of prints of
these revised drawings to the OWNER.
As an accommodation to the OWNER, ENGINEER agrees to provide OWNER an
electronic copy of the AutoCAD readable disk used by CDM to develop the Record
Drawings for the project. The Record Drawings shall be provided in AutoCAD format
using no version higher than 14. OWNER is aware of the potential errors that may arise
through the electronic copying of the disk. OWNER recognizes that the information
contained on the floppy disk may not include all information which is included in the
Record Drawings. The hard copy of the Record Drawings containing the engineer's
professional engineering stamp shall take precedence over the floppy disk.
The floppy disks are provided to OWNER"as is" and any use of the disk or the information
contained on the disk is at the sole risk of the OWNER and without any liability or legal
exposure to ENGINEER.
15. Limitations of Responsibilities
ENGINEER agrees to inspect work and perform the duties specified in this contract in a
reasonable manner, but does not guarantee the discovery of Contractor's failure to comply
with the Contract Documents if a reasonable engineer in ENGINEER's position would not
have discovered such failure.
16. Duration of Construction Phase
The Construction Phase will commence with the execution of the construction contract for
the Project or any part thereof and will terminate upon written recommendation by
ENGINEER of final payment.
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Attachment E
To the Agreement
Between the City of Round Rock and
Camp Dresser & McKee Inc.
for Professional Services
Drawing List
Drw .No. Description
1 Title Sheet& Sheet Index
2 Site Plan&Civil Legend
3 Chemical Feed Piping
4 Chemical Feed Facility Plan and Details
5 Civil/Mechanical Details
6 One Line Diagram and Electrical Plan
7 Process and Instrumentation Diagrams
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Proposed De-chlorinating Facility
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S:`GRAPMCS\COUNCIL AGENDA P1E?AMiGDaMtV4G11-21-01\P'apcwd Do-hlainafing Fnri6ry 1408-01
Attachment D
To the Agreement
Between the City of Round Rock and
Camp Dresser & McKee Inc.
for Professional Services
Fee Schedule
The services described in Attachment B will be provided on a lump sum basis of$36,450 and will
be invoiced to the Owner on a percent complete basis by the following phases and amounts.
Basic Special
Services Services
Pre-Design Services $1,200
Survey $2,000
Subtotal $3,200
Design Phase Services $28,000
Construction Phase Services $5,250
Subtotal $33,250
Total $36,450
A4230Att.doc
DATE: January 19, 2001
SUBJECT: City Council Meeting—January 25, 2001
ITEM: 10.C.3. Consider a resolution authorizing the Mayor to execute a
Contract for Engineering Services with Camp, Dresser & McKee,
Inc.for the design of a De-chlorinating Facility. The total fee for
these professional services is $36,450.00. This project consists of
the design of the chemical feed facilities necessary to de-chlorinate
the City of Austin's chloraminated drinking water and to chlorinate
it so that it will have a free chlorine residual that matches the City
of Round Rock's current water chemistry.
Resource: Jim Nuse, Public Works Director
Don Rundell, Senior Engineer
History: This project consists of the design of the chemical feed facilities necessary to
de-chlorinate the City of Austin's chloraminated drinking water and to
chlorinate it so that it will have a free chlorine residual that matches the City of
Round Rock's current water chemistry.
Funding:
Cost: $36,450.00
Source of funds:
Outside Resources: Camp, Dresser&McKee, Inc.
Impact: To minimize any negative impact from putting City of Austin Water into our water
distribution system
Benefit: Provide us with the ability to supplement our water surface and ground water
supply during periods of high demand and low availability of our surface and
ground water supply.
Public Comment: N/A
Sponsor: N/A