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R-09-06-11-10A1 - 6/11/2009RESOLUTION NO. R-09-06-11-1OA 1 WHEREAS, the City of Round Rock desires to retain engineering services for the 2010 Wastewater Collection System Inspection of five sub -basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, 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 RJN Group, Inc. for the 2010 Wastewater Collection System Inspection of five sub -basins, a copy of said contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 11th day of June, 2009. ATTEST: SARA L. WHITE, City Secretary 0:\wdox\SCC1nta\0112\0905\MUNICIPAL\R90611A1.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas 'ROUND ROCK, TEXAS PURPOSE. BLSSION. PROSPERITY. CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: RJN GROUP, INC. ("Engineer") ADDRESS: 12160 Abrams Road, Suite 400, Dallas, TX 75243 PROJECT: 2010 Wastewater Collection System Inspection Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z (SSES) THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the day of , 2009 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main. Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7115; 161012 W W05ISP2010 EXHIBIT 1 Rev. 10/08 00064494 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Sixty Nine Thousand, Sixty -Eight and No/100 Dollars ($169,068.00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Freireich, P.E. Senior Utility Engineer 212 Commerce Blvd. Round Rock, Texas 78664 Telephone Number (512) 671-2756 Fax Number (512) 218-3242 Email Address dfreireich@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Kevin Chumbley, P.E. Project Manager 12160 Abrams Road, Suite 400 Dallas, TX 75243 Telephone Number (972) 437-4300 Fax Number (972) 437-2707 Email Address kchumbley@rjn.com rjn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in .(1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 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 City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, inay retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (I) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering 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 City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should 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 Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services 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 City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. 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, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/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, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS 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 Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. 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 addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Kevin Chumbley, P.E. Project Manager 12160 Abrams Road Suite 400 Dallas, TX 75243 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS APPROVED AS TO FORM: By: Alan McGraw, Mayor ATTEST: By: Stephan L. Sheets, City Attorney Sara L. White, City Secretary RJN GROUP, INC, By: Signature of Principal n� 7 e Printed Name: /' /� 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 Exhibit A City Services 1. Designate a person to act as the Owner's representative with respect to services to be rendered under this contract. Such person shall have complete authority to transmit instructions, receive information, and interpret and define Owner/s policies and decisions. 2. Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, and any budgetary limitations; and furnish copies of all, which Owner will require to be included in the project. 3. Place at the Engineer's disposal all available information including previous reports and any other data relative to the project. 4. Arrange for access to and make provisions for Engineer and their Subconsultants to enter upon public and private property as required for Engineer to perform the services under this contract. 5. Perform inspection of all manholes and provide inspection data to the Engineer. 6. Provide CCTV inspection of all sewer mains in project area and provide inspection forms and videos to Engineer. 7. Examine all studies, reports, sketches, drawings specifications, proposals and other documents presented by the Engineer, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 8. Furnish approvals and permits for all governmental authorities having jurisdiction over the Project and such approvals and consent from others as may be necessary for completion of the project. Pay all fees associated with approvals and permits. 9. Give prompt notice to the Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 10. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during the project. 11. Secure easements (using documents prepared by Engineer) as required for construction of the project. Exhibit B Engineering Services PHASE 1— INVESTIGATION SERVICES I. Proiect Administration and Management: A. Project Administration: Mobilize project team and prepare equipment for field testing. Meet with CITY staff on a periodic basis, to update previous investigative work, to coordinate upcoming work, and to receive any input from staff. Meetings will be held at significant project milestones with written documentation of each meeting provided. A total of three (3) meetings are anticipated. Perform general consultation with appointed CITY representative on an as - needed basis. Provide general overview opportunities for CITY personnel for observing regularly scheduled field inspection and testing activities. Administer subcontracts for services to include closed-circuit television inspection. Perform ENGINEER's internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. B. Data Management/Mappina: 1. All forms used in the field will be scanned and the scanned information will be verified through quality control measures. 2. Provide all information collected during the field inspection in electronic format (ACCESS Database formatted for ArcView) and hard copy format. All photographs taken during the field activities will be tied to the field data using the access structure number or line segment designation. Quality control will be performed on all data collected. 3. Make correction to the map as differences are found during scheduled field survey activities. Provide the corrections to the CITY in both electronic format and hard copy format. The same format will be used as used in the previous studies. B(1) 4. The final digital file will be plotted at a legible scale, and the color plot and an electronic copy of the digital file will be provided to the CITY in the same format used previously. C. Public Relations: 1. ENGINEER will prepare and deliver notices necessary for the performance of smoke testing. Every reasonable effort will be made to distribute notices two (2) days prior to smoke testing, however, the CITY will allow the ENGINEER to distribute notices up to a minimum of one day in advance of smoke testing. 2. ENGINEER may distribute notices up to a maximum of seven (7) days prior to smoke testing. If conditions do not allow smoke testing to be performed during this period, ENGINEER will redistribute notices. If redistribution of smoke notices is required, testing may be performed within one (1) day of noticing. 3. The Fire Department and Public Works Department will be notified daily of smoke test locations. The Engineer will also assist the City by providing articles to be printed in local newspapers to inform the public of testing activities. II. Field Survey Reconnaissance: A. Manhole/Visual Pipe Inspection: 1. A comprehensive below ground inspection of manholes and above ground inspections of cleanouts will be performed by the CITY in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. All subsurface components from the frame seal, walls, cleanout risers, and inverts are inspected. The rim to invert dimension for all connecting lines in manholes will be recorded. 2. The ENGINEER shall review the inspection data, quantify all identified defects, and enter the inspection data in the project database. B. Rainfall Simulation: Rainfall simulation activities will be performed in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z only during this study. This task will specifically identify sections of sewer lines and sources where excessive infiltration and inflow may be expected to occur during wet -weather periods including locations of stormwater transfer into the sanitary sewer system. Work will include smoke testing and, if approved by CITY, dyed water flooding using comprehensive testing techniques developed by ENGINEER for such studies. B(2) A dual blower intensified smoke technique will be utilized to test sewer lines in the selected basins. This enhanced method uses two smoke blowers for each test segment instead of the conventional technique of one blower, and partial plugging of the segment. The objective is to identify connections from typical sources such as catch basins, roof leaders, yard drains, area drains, and detectable main line and lateral defects. Smoke testing will be performed only during dry periods to maximize the effectiveness of the smoke testing program. if approved by. City, inflow sources will also be identified by means of dyed water flooding of storm sewer sections, stream sections, ditch sections, and ponding areas that may be contributing to inflow. The test areas will be based on results of the ENGINEER's smoke testing program. Positive dye tests are quantified for leakage rate. Field test data are input to the computerized data management system and analyzed. A water meter and water for dyed water flooding will be provided by CITY at no charge to ENGINEER. Specific tasks to be included are the following: • Perform dual blower smoke testing with partial plugging on adjacent manholes, secure photographs of defects, and record results on computerized data form. A total of 137,018 linear feet is anticipated in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. • Perform computerize analysis of smoke testing data and select dyed water flooding locations and estimate quantity. • Prepare dyed water testing justification report and submit to City for approval. • Perform dyed water flooding at selected locations and record data on computerized data forms and perform computerized analysis of data. (4 locations are anticipated.) 111. Analysis and Report: This part of the project includes performing an engineering analysis of field survey data and developing recommendations for potential exfiltration source repairs, I/I source repairs, and structural or maintenance repairs. A description of field investigations, engineering analysis, and recommended action to repair the sewer system will be included in the report. A. Data Analysis: 1. Develop rehabilitation and improvement costs for various types of infiltration/inflow defect repairs and sewer improvements including, but not limited to: a. Main Replacement b. Point Repair c. Inversion Lining d. Expansion Lining e. Manhole Rehabilitation f. Manhole Replacement g. Public Sector Building Lateral Repair 2. Perform analysis for an infiltration and inflow rehabilitation plan based on data collected during field investigations. Also included will be any private sector rehabilitation identified during the smoke testing activities. The rehabilitation plan will include a list of defects, preliminary repair method, estimated rehabilitation cost, and estimated 1/1 reduction. Final engineering design is not included. 3. Prepare and submit three (3) copies of a draft report, which includes results of the field investigations, findings, cost estimates, and recommended plan to reduce I/I. The draft report will be presented and discussed with CITY staff. After comments are received, a final report will be prepared and submitted to the CITY. ENGINEER will provide five (5) copies of the final report. IV. Project Deliverables: The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of Work, all information pertaining to the investigation and final analysis of the project. Computer data shall be formatted to be compatible with MS Windows software products coordinated with the CITY prior to delivery. Mapping information will be provided to the CITY in the same format (ArcView) as provided to the ENGINEER at project initiation. All documentation and reports shall be delivered as outlined above and herein to be accessed with MS Windows, Word, Excel, and Access (Specific versions will be B(4) coordinated with CITY prior to delivery.). Graphical/Mapping computer data shall be compatible with the format developed during the Phase 1 Study by RJN. PHASE 0 — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM - (Edwards Aquifer Program) The scope of services consists of reviewing and evaluating the condition of the pipes for the sewer line cleaning and television inspection program performed by the City of Round Rock. The program is being performed to meet the requirements of the TCEQ's rules concerning the Edwards Aquifer and sanitary sewer systems. This part includes the cleaning, television inspection, and report of findings of all public sector, 6 -inch diameter and larger sewer lines located in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. (Approximately 137,018 If). 1. Project Administration Provide a management program for assisting the City to perform the program and review of the TV tapes provided by the City for all line segments 6 -inch diameter and larger. II. Tape Review, Recommendations, Report 1. Review information (logs, tapes, CDs) provided by City to verify the project is complete. 2. Review TV inspection logs and tapes provided by the City. Input the TV inspection data into CASS for quantification of defects. 3. Prepare recommendations for repair of identified defects to comply with TCEQ regulations concerning the Edwards Aquifer and submit five (5) copies to the City of Round Rock. B(5) N a) 0 0 fi Q co 2 a m 0 r 43 W N O 0 Mo Wed N 10 10 CO 0 CO V3 'o 'a 'a Qsj 0 of Y H i 0z _zd 3 O Q 0. Oc2 kZt9l-- U Z Z coO tu O <W a ❑ —4. DYED WATER FLOODING/CONCURRENT TV a N 73 0 ea 0 u) VJ a 0 10 FINAL REPORT fag - External Tasks i Exhibit D Fee Schedule Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows: Compensation for Basic Services provided under Exhibit B: "Services to be Performed by Engineer° shall be in accordance with the methods in this attachment and the specific amounts as set forth herein. Compensation for the Basic Engineering Services shall be on the basis of a combination of unit costs and lump sum costs. A. Budgetary Amount A budgetary amount for the Basic Services set forth in Exhibit B: "Services to be Performed by Engineer" is hereby estimated below. It is also understood that the cost budgets are based upon ENGINEER's best estimate of work and level of effort required for the proposed scope of services. As the project progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount shown below. If at any time during the project it appears that the cost may be exceeded, the ENGINEER will notify the CITY as soon as possible in writing. Unit Total Cost Estimated Cost Task Description Unit ($) Quantities ($) Phase I - SSES Mobilization and Project Administration LS 13,250.00 1 13,250.00 Data Management LS 8,450.00 1 8,450.00 Public Relations LS 5,500.00 1 5,500.00 Smoke Testing LF 0.400 137,018 54,807.20 Dyed Water Flooding EA 390.00 4 1,560.00 Cleaning/TV Inspection/Concurrent Dyed LF 3.44 2,500 8,600.00 Water Flooding Manhole Inspection Data Review EA 17.50 597 10,447.50 Final Data Analysis LS 20,552.70 1 20,552.70 Draft and Final Report LS 15,071.98 1 15,071.98 Total -- Phase 1 138,239.38 Phase II — TV INSPECTION REVIEW Project Administration LS 3,425.45 1 3,425.45 TV Inspection LF 0 0 0.00 Coordination/Tape Review LS 27,403.60 1 27,403.60 Total — Phase 1I 30,829.05 TOTAL 169,068.43 a 1— co X W FEE SCHEDULE HOURS 1- CV ,t- N .t- 40 ('40000 an 03 M IS coT- g CV c Q " co M M N N 1--- CD N N er 0 M LCD i. H 0 O 'd CO 2 N 0 0 0 0 10L 0 a en 1:113 a 3 cor. O N N 00 0 co csi 0 0 N '3I.. LL cn co O O d' co O 0 O' AutoCAD AutoCAD Design Design Tech - Sr. Tech 0 0 0 0 0 0 0 v 0 0 0 O N O 20 0 0 sem.- 'r' 0 0 v. r Registered Corporate Professional Project Civil Officer Engineer Manager Engineer (O 0£ ,- e- ,a, N- 0 N 18 226 cO co 4 it O N O `..... M T.r r CO co co r N 03 co M C0 v O N O O 00 N (0 0 N Description r 0) Rs C L Project Administration/Meetings Data Management Public Relations Smoke Testing Dyed Water Flooding Cleaning/TV/ Concurrent Dye Report, Manhole and Data Analysis d s a a N 0f N t0 '� TV Tape Analysis Subtotal - Phase 2 0 M Table 1 of 3 HOURLY SUMMARY SHEET Phase 1 Hours* Salary* Direct Labor Cost* Corporate Officer 20 $ 60.00 $ 1,200.00_ Registered Professional Engineer 246 $ 31.67 $ 7,790.00 Project Manager 110 $ 41.67 $ 4,583.33 Civil Engineer 267 $ 25.00 $ 6,675.00 AutoCAD Design Tech - Sr. 119 $ 23.33 $ 2,776.67 Field Manager 64 $ 25.00 $ 1,600.00 Field Supervisor 286 $ 18.33 $ 5,243.33 Field Technician 504 $ 13.33 $ 6,720.00 Admln Personnel 253 $ 15.00 $ 3,795.00 Subtotal 1869 $ 40,383.33 Phase 2 Hours* Salary* Direct Labor Cost* Corporate Officer 8 $ 60.00 $ 480 Registered Professional Engineer 82 $ 31.67 $ 2,597 Project Manager 18 $ 41.67 $ 750 Civil Engineer 226 $ 25.00 $ 5,650 AutoCAD Design Tech - Sr. 0 $ 23.33 $ - Field Manager 0 $ 25.00 $ - Fie1d Supervisor 0 $ 18.33 $ - Field Technician 0 $ 13.33 $ - Admin Personnel 51 $ 15.00 $ 765 Subtotal 385 $ 10,242 Direct Labor *Estimates for the purpose of computing labor costs. Table 2 of 3 $ 50,625 MAXIMUM COST Labor Cost Labor Overhead 188% Total Labor + Overhead Fixed Fee 12% Total Cost Phase 1 $ 40,383 $ 75,921 $ 116,304 $ 4,846 $ 121,150 Phase 2 $ 10,242 $ 19,254 $ 29,496 , $ 1,229 $ 30,725 Direct Costs: Expenses: Rate Quantity Total Reproduction $ 1,143 Supplies/equipment $ 7,000 Mileage $ 6,800 Mail & Deliveries $ 350 Misc $ 1,900 _ Total Expenses $ 17,193 Total Direct Costs $ 17,193 Maximum Cost $ 169,068 Table 3 of 3 EXHIBIT E Certificates of Insurance CERTIFICATE OF LIABILITY INSURANCE PRODUCER: Hub Intgmational Midwest Limited 65 East Jackson Boutievard Chicano. IL 60604 Phone: 312-279-4618 INSURED: JZJN Group. Inc. 200 West Front Street Wheaton, IL 60187 E -mall: Phone: E-mail: Date: April 13, 2009 TDI number required. Please refer to the Texas Dept of Insurance website: http;//www.tdf,state.tx.us! THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. co LTR TYPE OF POLICY EFFECTIVE INSURANCE NUMBER DATE EXPIRATION DATE A GENERAL LIABILITY 83UUNAH1317 8.01-08 8-01-09 LIMITS ENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 1,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,0001000 FIRE DAMAGE (Any one fire) $ 300,000 MED. EXPENSE (Any one person) $ 10,000 A AUTOMOBILE LIABILITY 83UENAJ1418 8-01-08 8-01-09 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ 1,000,000 B EXCESS LIABILITY 83XHAUJ1106 8.01-08 8-01-09 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C WORKERS' COMPENSATION 83WEPL1586 8-01-08 8-01-09 AND EMPLOYERS' LIABILITY Statutory Limits EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $500,000 DISEASE - EACH EMPLOYEE $500,000 D PROFESSIONAL LIABILITY 08CPL00327 8-01-08 8-01-09 $1,000,000 Each Occurrence/$2,000,000 Aggregate $50,000 Retention BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS Projects: Wastewater Collection System Rehabilitation Baslns 8C23 -Z, LC18-Z,LC19-Z, 0C25 -Z, 0C26 -Z, 0C27 -Z and 0C29 -Z (WW Rehab) and Sanitary Sewer Evaluation for Basins CC32.7,CC34-Z,CC3S-Z, CC37-Z and BC20-Z The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate holder n d below. City Manager l CERTIFICATE HOLDER: �TATE - City of Round Rock 221 E. Main Street SIGNATUR • •/ � AG ' !CENSE • N'SOF TEXAS Round Rock, Texas 78684 / Type : Name: _;A `: ckert Title: Pres!. CHUB Financial Services 128384 00650 --1-2008 Page 2 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Hartford Fire Insurance Company 38550 B Hartford Casually insurance Coompany 38528 C Twin City Fire Insurance Company 84650 D Essex Insurance Company 101053 THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. co LTR TYPE OF POLICY EFFECTIVE INSURANCE NUMBER DATE EXPIRATION DATE A GENERAL LIABILITY 83UUNAH1317 8.01-08 8-01-09 LIMITS ENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 1,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,0001000 FIRE DAMAGE (Any one fire) $ 300,000 MED. EXPENSE (Any one person) $ 10,000 A AUTOMOBILE LIABILITY 83UENAJ1418 8-01-08 8-01-09 COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ 1,000,000 B EXCESS LIABILITY 83XHAUJ1106 8.01-08 8-01-09 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 C WORKERS' COMPENSATION 83WEPL1586 8-01-08 8-01-09 AND EMPLOYERS' LIABILITY Statutory Limits EACH ACCIDENT $ 500,000 DISEASE - POLICY LIMIT $500,000 DISEASE - EACH EMPLOYEE $500,000 D PROFESSIONAL LIABILITY 08CPL00327 8-01-08 8-01-09 $1,000,000 Each Occurrence/$2,000,000 Aggregate $50,000 Retention BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS Projects: Wastewater Collection System Rehabilitation Baslns 8C23 -Z, LC18-Z,LC19-Z, 0C25 -Z, 0C26 -Z, 0C27 -Z and 0C29 -Z (WW Rehab) and Sanitary Sewer Evaluation for Basins CC32.7,CC34-Z,CC3S-Z, CC37-Z and BC20-Z The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mall thirty (30) days written notice to the certificate holder n d below. City Manager l CERTIFICATE HOLDER: �TATE - City of Round Rock 221 E. Main Street SIGNATUR • •/ � AG ' !CENSE • N'SOF TEXAS Round Rock, Texas 78684 / Type : Name: _;A `: ckert Title: Pres!. CHUB Financial Services 128384 00650 --1-2008 Page 2 Certificate of Liability Insurance DATE: June 5, 2009 SUBJECT: City Council Meeting — June 11, 2009 ITEM: 10A1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2010 Wastewater Collection System Inspection of five sub -basins. Department: Staff Person: Justification: Water and Wastewater Utilities Michael Thane, P.E., Director of Utilities The City is required to continue these actions to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. Elimination of defects reduces inflow and infiltration entering the City's Wastewater Collection System and reduces the possibility of leaks from the system impacting the Edwards Aquifer. Also, this project will help reduce the City's treatment cost by reducing the amount of rainwater entering the wastewater collection system. This is the first year for the second round of inspections of the wastewater collection system located over the Edwards Aquifer. Funding: Cost: $169,068.43 Source of funds: Utility System Project Outside Resources: RJN Group, Inc. Background Information: This contract provides inspection analysis on sub -basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. The wastewater lines in these basins were televised by the City of Round Rock's I&I Division. RJN will review the televised tapes and provide recommendations for repairs of the collection system. Repairs will be recommended for areas with structural damage and defects such as offsets, sagging lines, open joints, or cracked or crushed lines. The scope of services also consists of intensive field survey activities including review of manhole inspection reports, smoke testing, and dyed water flooding. After completion of all the evaluation, a recommended plan in the form of a detailed report to reduce I&I during a 5 -year storm event and to reduce maintenance repairs in these sub -basins will be provided. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM: RJN GROUP, INC. ("Engineer") ADDRESS: 12160 Abrams Road, Suite 400, Dallas, TX 75243 PROJECT: 2010 Wastewater Collection System Insnection Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z (SSES) THE STATE OF TEXAS COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the tlih day of /tine , 2009 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract 0199.7115; 161012 Rev. 10/08 W W05JSP2010 00064494 1 x-01-64- II- U( CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not perform the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and tiimel accomplish all Engineering Services required under this Contract in a professional manner. y 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of One Hundred Sixty Nine Thousand, Sixty -Eight and No/100 Dollars ($169,068,00) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting q g monthl y payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and perfornned. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED The Engineer shall not proceed with any task listed on Exhibit B until the City has issued a written Notice to Proceed regarding such task. The City shall not be responsible for work performed or costs incurred by Engineer related to any task for which a Notice to Proceed has not been issued. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: David Freireich, P.E. Senior Utility Engineer 212 Commerce Blvd. Round Rock, Texas 78664 Telephone Number (512) 671-2756 Fax Number (512) 218-3242 Email Address dfreireich@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract, City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Kevin Chumbley, P.E. Project Manager 12160 Abrams Road, Suite 400 Dallas, TX 75243 Telephone Number (972) 437-4300 Fax Number (972) 437-2707 Email Address kchumbley@rjn.com rjn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other Locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. 5 ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 6 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determnines that there has been a significant change in .(1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by the City. Engineer shall not proceed until the Supplemental Contract has been executed. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 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 City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable thein to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract inay be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering 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 City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should 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 Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering 8 Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services 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 City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. 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, minimum/maximum salary and wage statutes and regulations, and licensinglaws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 9 Engineer shall also save and hold City harmless from any and all expenses, including but not limited to reasonable attorneys fees which may be incurred by City in litigation or otherwise defending claims or liabilities which may be imposed on City as a result of such negligent activities by Engineer, its agents, or employees. ARTICLE 23 ENGINEER'S RESPONSIBILITIES Engineer shall be responsible for the accuracy of his/her/its Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/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, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars per claim from a company authorized to do insurance business in Texas and 10 otherwise acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives fiom its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish otherwise use, and to authorize others to use, any reports developed by Engineer forgovernmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. 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 addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Kevin Chumbley, P.E. Project Manager 12160 Abrams Road Suite 400 Dallas, TX 75243 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damaite is caused to City due to Engineer's negligent failure to perform City may accordingly withh l h d, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal al rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract i prevented from performing any of their obligations hereunder by reasons for which theyn are f responsible or circumstances beyond their control. However, notice of such impediment or del ot performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. ay in (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, William County, Texas, and if legal action is necessary by either party with respect to the enforcementSon of anor all of the terms or conditions herein, exclusive venue for same shall lie in Williamson Co x s. i This Contract shall be governed by and construed in accordance with the laws and court decTexas. the State of Texas. decsions of (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees n this Contract will be the care and skill ordinarily used by members of Engineer'sprofession under this under the same or similar circumstances at the same time and in the same localit. Excepting grA tic les 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or o Articles in connection with the Engineering Services. otherwise, 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/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 City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its duly authorized City Manager or Mayor, as has Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK, TEXAS By: rn� Alan McGraw, Mayor ATTEST: By: Sara L. White, City Secretary RJN GROUP, INC. By: Signature of Principal Printed Name: AT PI‘rcie LAT 14 AP'$ tVEDASTO ORM: 4 Stephan . Sheets, City Attorney LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance Exhibit A City Services 1. Designate a person to act as the Owner's representative with respect to services to be rendered under this contract. Such person shall have complete authority to transmit instructions, receive information, and interpret and define Owner/s policies and decisions. 2. Provide all criteria and full information as to the Owner's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, and any budgetary limitations; and furnish copies of all, which Owner will require to be included in the project. 3. Place at the Engineer's disposal all available information including previous re orts and any other data relative to the project. p 4. Arrange for access to and make provisions for Engineer and their Subconsultants to enter upon public and private property as required for Engineer to perform the services under this contract. 5. Perform inspection of all manholes and provide inspection data to the Engineer. 6. Provide CCTV inspection of all sewer mains in project area and provide ins ection forms and videos to Engineer. p 7. Examine all studies, reports, sketches, drawings specifications, proposals and other documents presented by the Engineer, and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. 8. Furnish approvals and permits for all governmental authorities having jurisdiction over the Project and such approvals and consent from others as may be necessa ry for completion of the project. Pay all fees associated with approvals and permits. 9. Give prompt notice to the Engineer whenever Owner observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. 10. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during the project. 11. Secure easements (using documents prepared by Engineer) as required for construction of the project. q Exhibit B Engineering Services PHASE 1— INVESTIGATION SERVICES I. Project Administration and Management: A. Project Administration: Mobilize project team and prepare equipment for field testing. Meet with CITY staff on a periodic basis, to update previous investigative work, to coordinate upcoming work, and to receive any input from staff. Meetings will be held at significant project milestones with written documentation of each meeting provided. A total of three (3) meetings are anticipated. Perform general consultation with appointed CITY representative on an as - needed basis. Provide general overview opportunities for CITY personnel for observing regularly scheduled field inspection and testing activities. Administer subcontracts for services to include closed-circuit television inspection. Perform ENGINEER'S internal project control procedures on a monthly basis including schedule and budget control, quality control review, and monthly progress reports. B. Data Management/Mapping: 1. All forms used in the field will be scanned and the scanned information will be verified through quality control measures. 2. Provide all information collected during the field inspection in electronic format (ACCESS Database formatted for ArcView) and hard copy format. All photographs taken during the field activities will be tied to the field data using the access structure number or line segment designation. Quality control will be performed on all data collected. 3. Make correction to the map as differences are found during scheduled field survey activities. Provide the corrections to the CITY in both electronic format and hard copy format. The same format will be used as used in the previous studies. 4. The final digital file will be plotted at a legible scale, and the color plot and an electronic copy of the digital file will be provided to the CITY in the same format used previously. C. Public Relations: 1. ENGINEER will prepare and deliver notices necessary for the performance of smoke testing. Every reasonable effort will be made to distribute notices two (2) days prior to smoke testing, however, the CITY will allow the ENGINEER to distribute notices up to a minimum of one day in advance of smoke testing. 2. ENGINEER may distribute notices up to a maximum of seven (7) days prior to smoke testing. If conditions do not allow smoke testing to be performed during this period, ENGINEER will redistribute notices. If redistribution of smoke notices is required, testing may be performed within one (1) day of noticing. 3. The Fire Department and Public Works Department will be notified daily of smoke test locations. The Engineer will also assist the City by providing articles to be printed in local newspapers to inform the public of testing activities. II. Field Survey Reconnaissance: A. Manhole/Visual Pipe Inspection: 1. A comprehensive below ground inspection of manholes and above ground inspections of cleanouts will be performed by the CITY in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. All subsurface components from the frame seal, walls, cleanout risers, and inverts are inspected. The rim to invert dimension for all connecting lines in manholes will be recorded. 2. The ENGINEER shall review the inspection data, quantify all identified defects, and enter the inspection data in the project database. B. Rainfall Simulation: Rainfall simulation activities will be performed in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z only during this study. This task will specifically identify sections of sewer lines and sources where excessive infiltration and inflow may be expected to occur during wet -weather periods including locations of stormwater transfer into the sanitary sewer system. Work will include smoke testing and, if approved by CITY, dyed water flooding using comprehensive testing techniques developed by ENGINEER for such studies. B(2) A dual blower intensified smoke technique will be utilized to test sewer lines in the selected basins. This enhanced method uses two smoke blowers for each test segment instead of the conventional technique of one blower, and partial plugging of the segment. The objective is to identify connections from typical sources such as catch basins, roof leaders, yard drains, area drains, and detectable main line and lateral defects. Smoke testing will be performed only during dry periods to maximize the effectiveness of the smoke testing program. If approved by. City, inflow sources will also be identified by means of dyed water flooding of storm sewer sections, stream sections, ditch sections, and ponding areas that may be contributing to inflow. The test areas will be based on results of the ENGINEER's smoke testing program. Positive dye tests are quantified for leakage rate. Field test data are input to the computerized data management system and analyzed. A water meter and water for dyed water flooding will be provided by CITY at no charge to ENGINEER. Specific tasks to be included are the following: • Perform dual blower smoke testing with partial plugging on adjacent manholes, secure photographs of defects, and record results on computerized data form. A total of 137,018 linear feet is anticipated in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. • Perform computerize analysis of smoke testing data and select dyed water flooding locations and estimate quantity. • Prepare dyed water testing justification report and submit to City for approval. • Perform dyed water flooding at selected locations and record data on computerized data forms and perform computerized analysis of data. (4 locations are anticipated.) iI1. Analysis and Report: This part of the project includes performing an engineering analysis of field survey data and developing recommendations for potential exfiltration source repairs, I/1 source repairs, and structural or maintenance repairs. A description of field investigations, engineering analysis, and recommended action to repair the sewer system will be included in the report. A, Data Analysis: 1. Develop rehabilitation and improvement costs for various types of infiltration/inflow defect repairs and sewer improvements including, but not limited to: a. Main Replacement b. Point Repair c. Inversion Lining d. Expansion Lining e. Manhole Rehabilitation f. Manhole Replacement g. Public Sector Building Lateral Repair 2. Perform analysis for an infiltration and inflow rehabilitation plan based on data collected during field investigations. Also included will be any private sector rehabilitation identified during the smoke testing activities. The rehabilitation plan will include a list of defects, preliminary repair method, estimated rehabilitation cost, and estimated Ui reduction. Final engineering design is not included. 3. Prepare and submit three (3) copies of a draft report, which includes results of the field investigations, findings, cost estimates, and recommended plan to reduce III. The draft report will be presented and discussed with CITY staff. After comments are received, a final report will be prepared and submitted to the CiTY. ENGINEER will provide five (5) copies of the final report. IV. Project Deliverables: The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of Work, all information pertaining to the investigation and final analysis of the project. Computer data shall be formatted to be compatible with MS Windows software products coordinated with the CITY prior to delivery. Mapping information will be provided to the CITY in the same format (ArcView) as provided to the ENGINEER at project initiation. All documentation and reports shall be delivered as outlined above and herein to be accessed with MS Windows, Word, Excel, and Access (Specific versions will be B(4) coordinated with CITY prior to delivery.). Graphical/Mapping computer data shall be compatible with the format developed during the Phase [ Study by RJN. PHASE II — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM - (Edwards Aquifer Program) The scope of services consists of reviewing and evaluating the condition of the pipes for the sewer line cleaning and television inspection program performed by the City of Round Rock. The program is being performed to meet the requirements of the TCEQ's rules concerning the Edwards Aquifer and sanitary sewer systems. This part includes the cleaning, television inspection, and report of findings of all public sector, 6 -inch diameter and larger sewer lines located in Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z. (Approximately 137,018 If). I. Protect Administration Provide a management program for assisting the City to perform the program and review of the TV tapes provided by the City for all line segments 6 -inch diameter and larger. II. Tape Review, Recommendations, Report 1. Review information (logs, tapes, CDs) provided by City to verify the project is complete. 2. Review TV inspection logs and tapes provided by the City. Input the TV inspection data into CASS for quantification of defects. 3. Prepare recommendations for repair of identified defects to comply with TCEQ regulations concerning the Edwards Aquifer and submit five (5) copies to the City of Round Rock. Exhibit C Edwards Aquifer Sewer Study Basins CC32-Z, CC34-Z, CC35-Z, CC37-Z, and BC20-Z Task Name Duration Start Finish 2009 2010 PROJECT INITIATION,ADMIN.,AND DATA 796 da Fri 6112109 Fri 3!12110 j Dec Jan Feb Mar r Ma Jun Jul Au i Sep Oct Nov Dec Jan Feb Mar r May. MANAGEMENT Ys DATA MANAGEMENT PROGRAM/MANHOLE 90 days Mon 4/27/09 Fri 8128/09 INSPECTION DATA REVIEW SMOKE TESTING 46 days Mon 8/31/09 Mon 11/2/09 DYED WATER FLOODINGICONCURRENT TV 17 days Tue 11/3/09 Wed 11/25/09 TV DATA REVIEw- El 120 days Mon 91/30/09 Fri 5/14110 REPORT _- 101 days Fri 10!23109 Fri 3/12110 DRAFT REPORT ; 50 days Fri 10123109 Thu 12/31/09 FINAL REPORT 50 days Mon'1/4/10 Fri 3!12/10 s Task �- Milestone , External Tasks Date:Tue 5!19109 � City of RoundRock,Texas Summary External Milestone Progress Project Summary Deadline Page 1 Exhibit D Fee Schedule Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows: Compensation for Basic Services provided under Exhibit B: "Services to be Performed by Engineer" shall be in accordance with the methods in this attachment and the specific amounts as set forth herein. Compensation for the Basic Engineering Services shall be on the basis of a combination of unit costs and lump sum costs. A. Budgetary Amount A budgetary amount for the Basic Services set forth in Exhibit B: "Services to be Performed by Engineer" is hereby estimated below. It is also understood that the cost budgets are based upon ENGINEER'S best estimate of work and level of effort required for the proposed scope of services. As the project progresses, it is possible that the level of effort and/or scope may differ up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the full amount shown below. If at any time during the project it appears that the cost may be exceeded, the ENGINEER will notify the CITY as soon as possible in writing. Unit Total Cost Estimated Cost Task Description Unit ($) Quantities ($) Phase 1 - SSES Mobilization and Project Administration LS 13,250.00 1 13,250.00 Data Management LS 8,450.00 1 8,450.00 Public Relations LS 5,500.00 1 5,500.00 Smoke Testing LF 0.400 137,018 54,807.20 Dyed Water Flooding EA 390.00 4 1,560.00 Cleaning/TV Inspection/Concurrent Dyed LF 3.44 2,500 8,600.00 Water Flooding Manhole Inspection Data Review EA 17.50 597 10,447.50 Final Data Analysis LS 20,552.70 1 20,552.70 Draft and Final Report LS 15,071.98 1 15,071.98 Total — Phase 1 138,239.38 Phase II — TV INSPECTION REVIEW Project Administration LS 3,425.45 1 3,425.45 TV Inspection LF 0 0 0.00 Coordination/Tape Review LS 27,403.60 1 27.403.60 Total — Phase II TOTAL 30,829.05 169,068.43 FEE SCHEDULE 3 0 c Q .c ii 0 u. R N 1. On N tr T n CO 00 N 0 (0 N co CO V". CO (0 CO N N ti O (0 0 O 00 LO 00 CO O CO CO O 0 00 N 00 O 0 00 O td O O O O O 0 O 0 O N O O O I0 0 O M •r - v- r 0 N o Q g a2 0 0 00 00 0 0 co CO M (V) 00 0 e O V 0 a .c rz0 0 a 0 0 0 N O O 00 O Data Management Public Relations a) c 0) 0 0 rkis cti N U a 0) CO a 0 a N N a 00 S 0 N 00 M 0 O O O O O 00 00 00 TV Tape Analysis 0 O 00 10 O 0 O O O 00 co 00 Subtotal - Phase 2 O 00 et (D co O 0) N et 00 00 M N O 0 HOURLY SUMMARY SHEET Phase 1 Hours* Salary* Direct Labor Cost* Corporate Officer 20 $ 60.00 $ 1,200.00 Registered Professional Engineer 246 $ 31.67 _ $ 7,790.00 Project Manager 110 $ 41.67 $ 4,583.33 Civil Engineer 267 $ 25.00 $ 6,675.00 AutoCAD Design Tech - Sr. 119 $ 23.33 $ 2,776.67 Field Manager 64 $ 25.00 $ 1,600.00 Field Supervisor 286 $ 18.33 $ 5,243.33 Field Technician 504 $ 13.33 $ 6,720.00 Admin Personnel 253 $ 15.00 $ 3,795.00 Subtotal 1869 - $ 40,383.33 Phase 2 Hours* Salary* Direct Labor Cost* Corporate Officer 8 $ 60.00 $ 480 Registered Professional Engineer 82 $ 31.67 $ 2,597 Project Manager 18 $ 41.67 $ 750 Civil Engineer 226 $ 25.00 $ 5,650 AutoCAD Design Tech - Sr. 0 $ 23.33 $ - Field Manager o $ 25.00 $ - Field Supervisor 0 $ 18.33 $ - w Field Technician 0 $ 13.33 $ - Admin Personnel 51 $ 15.00 $ 765 Subtotal 385 $ 10,242 Direct Labor Estimates for the purpose of computing labor costs. Table 2 of 3 $ 50,625 MAXIMUM COST Labor Cost Labor Overhead 188% Total Labor + Overhead Fixed Fee 12% Total Cost Phase 1 $ 40,383 $ 75,921 $ 116,304 $ 4,846 _ $ 121,150 Phase 2 $ 10,242 $ 19,254 $ 29,496 $ 1,229 $ 30,725 Direct Costs: Expenses: Rate Quantity Total Reproduction $ 1,143 Supplies/equipment,$ 7,000 Mileage$ 6,800 Mail & Deliveries $ 350 Misc $ 1,900 Total Expenses $ 17,193 Total Direct Costs $ 17,193 Maximum Cost $ 169,068 Table 3 of 3 EXHIBIT E Certificates of Insurance CERTIFICATE OF LIABILITY INSURANCE PRODUCER: Phone:312- INSURED: 2- INSURED: 200 t F Inc. TDI number required. Plea3e refer to the Texas Dept of Insurance website: tt :/i t I eta e.tx. Date: April 13 2009 COMPANIES AFFORDING COVERAGE Hartford Fire insurance Company Hartford Casualty Insurance Coompany Twin City Fire insurance Company Essex Insurance Company THIS IS TO CERTIFY THAT the insured named above Is Insured101053 and further hereinafter Tfor the tyInsured insurance and In accordance by the Companies tasted above CO rdance with the provisions of the standard policies used described. Exceptions to the policies are noted below. with respect to the business d peratlons by the companies, LTR TYPE OF POLICY INSURANCE NUMBER EFFECTIVE EXPIRATION DA A GENERAL LIABILITY 83UUNAH1317 8-01-E DATE oe s-ol-oe 'rot 38550 38525 84650 A AUTOMOBILE LIABILITY 83UENAJ1418 8-01-08- 8-01 03 13 EXCESS LIABILITY 83XHAUJ1106 8.01-08 8-01-09 EACH OCCURRENCE C OMP WORKERS' COMPENSATION 83WER1585 AND EMPLOYERS' LIABILITY 8-01-08 8-01-09 Statutory !Inns EACH ACCIDENT DISEASE - POLICY LIMIT $ 500,000 $500,000 D PROFESSIONAL LIABILITY DISEASE - EACH EEMPLOYEEOSCPL00327 8-01-08 8-01-Og $500'000 3'1,000,000 Each Occurrence/$2,000,000 Aggregate BUILDERS' RISK INSURANCE $50,000 Retention OR INSTALLATION INSURANCE ---------DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL PERATIONS/LOCATIONg//;HICLES/SPECIAL ITEMS/EXCEPTIONS Projects: Wastewater Collection SystemCC32.7,CC34-Z,CC36-Z, CC37Z and 8C20-ZRehabl on IBC23-Z, LC1-Z , OC23-Z, 0C27 -Z and OC29-Z iww Rehab) and Sanity The City of Round Rock Is Warned as additional Insured w - - --------------_ Sanitary Sewer Evaluation for Basins Liability' and 'Professional Liability'. Y • Saddld any with thereof, the Issuing company will malt thirty respect to alt policies except , CERTIFICATE HOLDER: of the above described policiesiffto be cancelled or changed Y (30) days written notice to the certificate holder n, d Workers' Compensation and Employers CITY Manager_ y before the ex I City of Round Rock below. p ration date 221 E. Main Street SIGNATUR - . AG �T/ ��� Round Rock, Texas 78684 V'I !CENSENATE �F TEXAS LIMITS ENERAL AGGREGATE PRODUCTS-COMP/Op AGG. $ 2'000,000 $1000,000 PERSONAL & ADV. INJURY $1'000,000 EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ 1,000,000 $ 3'000 MED. EXPENSE (Anyone person) p on) $ 10,000 COMBINED SINGLE LIMIT BODILY INJURY (Per person) $1'000'000 BODILY INJURY (Per accident) $ $ PROPERTY DAMAGE $ AGGREGATE $10,000,000 $ 10,000,000 128384 00650 --1-2008 Page 2 Certificate of Liability Insurance