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R-01-11-08-14D2 - 11/8/2001RESOLUTION NO. R- 01- 11- 08 -14D2 WHEREAS, the City of Round Rock desires to retain engineering services for the 2001 -2002 Wastewater Collection System Inspection Project, 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 2001 -2002 Wastewater Collection System Inspection Project, 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 8th day of November 9 01. CHRISTINE R. MARTINEZ, City Secrkary oDMA \wo \O AWOOx \ \xnioenz.WPD / 0 A. STLUKA, ., Mayor City of Round Rock, Texas STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and RJN Group, Inc., having its business address at 7801 N. Lamar Blvd, Suite F -5, Austin, Texas 78752, hereinafter called "Engineer" for the purpose of contracting for engineering services. WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and RR ENG CN7RC 2001 -rev 11 -01-01 WITNESSETH WHEREAS, the City desires to contract for engineering services described as follows: 2001 - 2002 Wastewater Collection System Basin OC 31 -Z and CC36 -Z AGREEMENT Contract No. NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment 13 - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. Page 1 of 11 EXHIBIT 1 nAn The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on December 31, 2002 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $248,149.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. RR ENG CNTRC 2001 Page 2 of 11 RR ENGCNCRC 2001 (1) ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. ARTICLE 7 PROGRESS The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the Work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: Page 3 of 11 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty-day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty-day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. RR ENGCNTRC2001 (1) Page 4 of 11 The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. RR ENGCMRC 2001 (1) ARTICLE 12 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be fumished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. Page 5 of 11 ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. The Contract may be terminated before the stated termination date by any of the following conditions. RR ENG CNIRC 2001 (1) ARTICLE 18 TERMINATION (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. Page 6 of 11 (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. RRENG CNCRC 2001 (1) ARTICLE 19 COMPLIANCE WITH LAWS The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall fumish the City with satisfactory proof of its compliance therewith. Page 7 of 11 RR ENGCNPRC2001 (1) ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and /or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. Page 8 of 11 ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. RR ENGCNIBC 2001 (1) ARTICLE 27 COPYRIGHTS ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision 'Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. Page 9 of 11 ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 RR ENG CNCRC 2001 (1) ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Engineer Attn.: City Manager Attn.: Hugh M. Kelso 221 E. Main St. Regional Vice President Round Rock, TX 78664 RJN Group, Inc. 12160 Abrams Road, Suite 206 Dallas, TX 75243 Page 10 of 11 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. RJN GROUP, INC. THE ENGINEER By: Sigttture RR ENG CNTRC 2001 Hugh M. Kelso Printed Name Regional Vice President Title If I Date City of Round Rock By: Robert A. Stluka, Jr., Mayor LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 11 of 11 Attachment A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items/information: 1. Water Hydrant Meter at no charge. 2. Water for dye flooding / cleaning at no charge. 3. Assistance in gaining access to manholes and cleanouts. RR ENG CNTRC 2001 (1 ) A -1 PART I - FIELD INVESTIGATION ACTIVITIES L 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 six (6) 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: 1. All forms used in the field will be scanned and the scanned information will be verified through quality control measures. Attachment B - Scope of Engineering Services 2001— 2002 Wastewater Collection System Basins 0C31 -Z and CC36 -Z 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. C. Public Relations: 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. SCOPE B(1) 11 /01 /01 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. 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. Perform comprehensive above ground inspection of all manholes and cleanouts not previously inspected or constructed within the last three years. All subsurface components from the frame seal, walls, cleanout risers, and bench are inspected. The rim to invert dimension for the outgoing pipe in each inspected manhole will be measured from above ground. (1,900 structures are assumed in the cost proposal) The ENGINEER shall notify the CITY of any inaccessible or unlocated manholes. The ENGINEER shall commit a minimum of 15 minutes to searching for manholes in order for the manhole inspection to be counted for payment. Once the CITY has located or provided access to these manholes within 60 days of notification, the ENGINEER will complete all necessary inspections at no additional cost to the CITY. B. Sanitary Sewer Mapping: 1. Make correction to the Phase I 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 Phase I Study. 2. 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 as used in Phase I. C. Rainfall Simulation: Rainfall simulation activities will be performed in Basins 0C31 -Z, and CC36 -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 SCOPE B(2) 11101/01 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. 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 65,220 linear feet is anticipated in Basins 0C31 -Z and CC36 -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. (12 locations are anticipated.) D. Interim Report /Cleaning and Internal Television (TV) Inspection: 1. Perform analysis of field investigations for TV inspection recommendations. Prepare a letter report summarizing the justification and location of sewers to be TV inspected with concurrent dyed water flooding. Submit and discuss the report with the CITY. 2. Perform cleaning and internal TV inspection of selected sewer lines and record findings. Sanitary sewer lines will be lightly cleaned in order to view the condition of the pipe. Light cleaning is defined as up to three passes in each sewer segment selected for television inspection. During cleaning operations, SCOPE B(3) 11/01/01 III. Analysis and Report: all sludge, debris, etc. shall be removed from the sewer and disposed of properly. Concurrent dyed water flooding will be performed with TV inspection to verify locations of inflow defects. (3,200 linear feet is anticipated.) This part of the project includes performing an engineering analysis of field survey data and developing recommendations for I/1 source repairs and structural repairs in accordance with current TNRCC Regulations governing sewers in the Edwards Recharge Zone. A description of field investigations, engineering analysis, and recommended action to repair the sewer system will be included in the report. A. Flow Balancing: 1. Compare monitored and source flows by basin using Phase I flow monitoring results and computerized listing of quantified defect flows from field activities. 2. Perform balancing of recorded flows and source flows based on evaluation of identified I/I flow rates and unaccounted remaining flow by basin. B. Data and Cost 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 2. Perform analysis for an infiltration and inflow rehabilitation plan based on data collected during field investigations. The rehabilitation plan will include all defective manholes identified in this study and pipeline rehabilitation for the area included in the 2001 -2002 study area smoke testing and television inspection activities. 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 I/I 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. SCOPE 13(4) 11 /01 /01 It is anticipated that one project report will be prepared that will include the results of the manhole inspection, smoke testing, and Part I and Part II television inspection activities. The project report will also include recommendations and estimated construction cost for repair of all defects identified during the study. A separate appendix for the manhole inspection results and the internal television inspection will be provided as part of the project report. The appendices will generally be the same as previously provided to the City and will be used to document compliance with the TNRCC Edwards Aquifer regulations. 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 coordinated with CITY prior to delivery.). Graphical/Mapping computer data shall be compatible with the format developed during the Phase I Study by RJN. PART II — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM The scope of services consists of sewer line cleaning and television inspection program in the City of Round Rock. The program is being performed to meet the requirements of the TNRCC'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 0C31 -Z and CC36 -Z (approximately 65,220 if). A. Project Administration Provide a management program for cleaning and TV inspection for all main sewer segments 6 -inch diameter and larger in Basins 0031 -Z and CC36 -Z. B. Contract Documents 1. Using ENGINEER' s basic specifications, prepare special Contract Documents for bidding a cleaning and TV inspection contract 2. Submit two (2) copies of the draft specifications to the CITY for review. SCOPE B(5) 11 /01 /01 3. Perform final changes to Contract Documents. 4. Provide a maximum of twenty (20) sets of contract documents for bidding purposes. Prepare and distribute contracts and addendums. C. Bidding Assistance 1. Advertise, obtain, and evaluating Bid Proposals for the cleaning and TV contract and awarding thereof. Respond to bidder inquires during advertisement of the Contract and conduct a project pre -bid conference. 2. Review the bids for completeness and accuracy. Develop bid tabulations and meet with City to review recommendation of Contract Award. Consult with and advise the CITY on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. 3. Conducting a pre - construction conference with the City and Contractor and answer questions at the conference. Provide minutes of the meeting. D. Field Observation 1. Provide periodic observation of the Contractor during the cleaning and TV inspection. It is not anticipated that observation will be on a full -time basis. 2. Review periodic payment requests from Contractor and make recommendations for payment. 3. Issue field orders to Contractor after consultation with the CITY. Review any change orders proposed by the Contractor with the CITY. 4. Review information (logs, tapes, CDs) provided by Contractor to verify the project is complete. ENGINEER is not responsible for the means or sequences of the work or the implementation program for safety of the contractor and subcontractors and will be stipulated as such in the contract documents. E. Report 1. Review TV inspection logs and tapes and prepare recommendations for repair of identified defects to comply with TNRCC regulations concerning the Edwards Acquifer. SCOPE B(6) 11/01 /01 A. Budgetary Amount Attachment D - Fee Schedule Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows: Compensation for Basic Services provided under Attachment B: "Scope of Engineering Services" 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 for the Basic Services set forth in Attachment B: "Scope of Engineering Services" 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. B. Cost Break Down TASK DESCRIPTION UNIT UNIT ESTIMATED TOTAL COST QUATITIES COST (s) ($) Part I Mobilization and Project LS 21,184 1 15,056 Administration Data Management Program LS 12,824 1 9,618 Public Relations LS 2,695 1 2,695 ManholeNisual Pipe Inspection EA 61.28 1,900 116,432 Sewer System Mapping LS 3,050 1 3050 Smoke Testing LF 0.36 65,220 23,479 Dyed Water Flooding EA 350.00 12 4,200 Cleaning/TV Inspection/ LF 3.25 3,200 10,400 TV Justification Report Flow Balancing LS 2,465 1 2,465 Final Data Analysis LS 20,668 1 20,668 Draft/Final Reports LS 18,176 1 18,176 SUBTOTAL 226,239 Part II I. Sewer Line Cleaning and CCTV Inspection Program A. Project Administration LS 1,500 1 1,500 B. Prepare Contract Documents LS 7,940 1 7,940 C. Bidding Assistance LS 3,750 1 3,750 D. TV Observation/Tape LS 8,720 1 8,720 Review /Repair Determination SUBTOTAL 21.910 TOTAL 248,149 D(1) DATE: November 2, 2001 SUBJECT: City Council Meeting — November 8, 2001 ITEM: 14.D.2. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2001 -2002 Wastewater Collection System Inspection Project. The total fee for these professional services is $248,149.00. Resource: Jim Nuse, Director of Public Works Don Rundell, Chief Utility Engineer History: RJN Group, Inc. was retained by the City of Round Rock to conduct a multi -year I &I Reduction Plan. Phase I was completed in August 1998. Phase II was completed in July 2000. The require rehabilitation of wastewater lines and manholes identified under Phases I & II are scheduled to be completed by the end of 2002. This project is to provide cleaning, testing, mapping, inspection, analysis, and reports on 1900 manholes, 122,000 linear feet of our wastewater collection system in three (3) basins within the Edwards Aquifer Recharge Zone. Funding: Cost: $248,149.00 Source of funds: Wastewater Utility Fund Outside Resources: RJN Group, Inc. Impact/Beneft: Elimination of these defects will reduce the I &I entering the system, thereby reducing the City's treatment cost to the Lower Colorado River Authority (LCRA) and Brazos River Authority (BRA). Public Comment: N/A Sponsor: N/A Most importantly we are required under TNRCC, Chapter 213 - Edwards Aquifer Rules to inspect and test all wastewater collection systems every five - year. The rule provides a maximum of one year to correct any defects found. However, all leaks must be immediately contained to prevent any discharge to water in the state or Edwards Aquifer whether necessary repairs have been completed or not. This is a start toward complying with TNRCC rules and these efforts will help to keep our wastewater treatment cost down. However, it should be noted that the City of Round Rock would need to dedicate several million dollars annually to comply with current laws. STATE OF TEXAS COUNTY OF WILLIAMSON THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called "City" and RJN Group, Inc., having its business address at 7801 N. Lamar Blvd, Suite F -5, Austin, Texas 78752, hereinafter called "Engineer" for the purpose of contracting for engineering services. RR ENG CN7RC 2001 -rev 11 -01 -01 WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, the City desires to contract for engineering services described as follows: 2001 - 2002 Wastewater Collection System Basin OC 31 -Z and CC36 -Z AGREEMENT Contract No. ORIGINAL k- of-ii-o8- /yoz NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY CITY The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. Page 1 of 11 The Engineer shall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. ARTICLE 3 CONTRACT PERIOD After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on December 31, 2002 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $248,149.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. RR ENG CNTRC 2001 Page 2 of 11 ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount earned to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the Work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: RRENG CNTRC 2001 (1) ARTICLE 7 PROGRESS Page 3 of 11 (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty-day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty-day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. ARTICLE 9 ADDITIONAL WORK If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized in this Contract or as amended. ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. RR ENGCNIRC 2001 (1) Page 4 of 11 The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. RRENGCNIRC2001 (1) ARTICLE 11 SUPPLEMENTAL AGREEMENTS ARTICLE 12 OWNERSHIP OF DOCUMENTS Page 5 of 11 RR ENGCN RC 21301 (1) ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS /BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. Page 6 of 11 (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. ARTICLE 19 COMPLIANCE WITII LAWS The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. RRENGCNrRC 2001 (1) Page 7 of 11 ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. RRENG CNTRC 2001 (1) ARTICLE 23 NONCOLLUSION ARTICLE 24 INSURANCE Page 8 of 11 ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for governmental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. RR ENGCNFRC 2001(1) ARTICLE 29 SUCCESSORS AND ASSIGNS Page 9 of 11 In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. with copy to: Stephan L. Sheets City Attorney 309 E. Main St. Round Rock, Texas 78664 RR ENGCN,RC 2001 (1) ARTICLE 30 SEVERABILITY ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: City of Round Rock Engineer Attn.: City Manager Attn.: Hugh M. Kelso 221 E. Main St. Regional Vice President Round Rock, TX 78664 RIN Group, Inc. 12160 Abrams Road, Suite 206 Dallas, TX 75243 Page 10 of 11 The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. IN WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. RJN GROUP, INC. THE ENGINEER By: Nr Si RR ENG CNTRC 2001 fri Hugh M. Kelso Printed Name Regional Vice President Title / /// //PI Date City ' Rock rt A. Stluka, Jr., Ma LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY r Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Page 11 of 11 Attachment A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK The City of Round Rock will furnish to the Engineer the following items /information: 1. Water Hydrant Meter at no charge. 2. Water for dye flooding / cleaning at no charge. 3. Assistance in gaining access to manholes and cleanouts. RR ENG CNTRC 2001 (1) A -1 PART I - FIELD INVESTIGATION ACTIVITIES I. Project Administration and Management: A. Project Administration: Mobilize project team and prepare equipment for field testing. Attachment B - Scope of Engineering Services 2001 - 2002 Wastewater Collection System Basins 0C31 -Z and CC36 -Z 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 six (6) 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: 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. C. Public Relations: 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. SCOPE B(1) 11/01/01 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. 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. Perform comprehensive above ground inspection of all manholes and cleanouts not previously inspected or constructed within the last three years. All subsurface components from the frame seal, walls, cleanout risers, and bench are inspected. The rim to invert dimension for the outgoing pipe in each inspected manhole will be measured from above ground. (1,900 structures are assumed in the cost proposal) The ENGINEER shall notify the CITY of any inaccessible or unlocated manholes. The ENGINEER shall commit a minimum of 15 minutes to searching for manholes in order for the manhole inspection to be counted for payment. Once the CITY has located or provided access to these manholes within 60 days of notification, the ENGINEER will complete all necessary inspections at no additional cost to the CITY. B. Sanitary Sewer Mapping: 1. Make correction to the Phase I 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 Phase I Study. 2. 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 as used in Phase I. C. Rainfall Simulation: Rainfall simulation activities will be performed in Basins 0C31 -Z, and CC36 -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 SCOPE B(2) 11/01/01 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. 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 65,220 linear feet is anticipated in Basins 0C31 -Z and CC36 -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. (12 locations are anticipated.) D. Interim Report /Cleaning and Internal Television (TV) Inspection: 1. Perform analysis of field investigations for TV inspection recommendations. Prepare a letter report summarizing the justification and location of sewers to be TV inspected with concurrent dyed water flooding. Submit and discuss the report with the CITY. 2. Perform cleaning and internal TV inspection of selected sewer lines and record findings. Sanitary sewer lines will be lightly cleaned in order to view the condition of the pipe. Light cleaning is defined as up to three passes in each sewer segment selected for television inspection. During cleaning operations, SCOPE B(3) 11/01 /01 III. Analysis and Report: all sludge, debris, etc. shall be removed from the sewer and disposed of properly. Concurrent dyed water flooding will be performed with TV inspection to verify locations of inflow defects. (3,200 linear feet is anticipated.) This part of the project includes performing an engineering analysis of field survey data and developing recommendations for I/I source repairs and structural repairs in accordance with current TNRCC Regulations governing sewers in the Edwards Recharge Zone. A description of field investigations, engineering analysis, and recommended action to repair the sewer system will be included in the report. A. Flow Balancing: 1. Compare monitored and source flows by basin using Phase I flow monitoring results and computerized listing of quantified defect flows from field activities. 2. Perform balancing of recorded flows and source flows based on evaluation of identified I/I flow rates and unaccounted remaining flow by basin. B. Data and Cost 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 2. Perform analysis for an infiltration and inflow rehabilitation plan based on data collected during field investigations. The rehabilitation plan will include all defective manholes identified in this study and pipeline rehabilitation for the area included in the 2001 -2002 study area smoke testing and television inspection activities. 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 I/I 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. SCOPE B(4) 11 /01/01 It is anticipated that one project report will be prepared that will include the results of the manhole inspection, smoke testing, and Part I and Part II television inspection activities. The project report will also include recommendations and estimated construction cost for repair of all defects identified during the study. A separate appendix for the manhole inspection results and the internal television inspection will be provided as part of the project report. The appendices will generally be the same as previously provided to the City and will be used to document compliance with the TNRCC Edwards Aquifer regulations. 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 coordinated with CITY prior to delivery.). Graphical /Mapping computer data shall be compatible with the format developed during the Phase I Study by RJN. PART II — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM The scope of services consists of sewer line cleaning and television inspection program in the City of Round Rock. The program is being performed to meet the requirements of the TNRCC'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 0C31 -Z and CC36 -Z (approximately 65,220 10. A. Project Administration Provide a management program for cleaning and TV inspection for all main sewer segments 6 -inch diameter and larger in Basins 0C31 -Z and CC36 -Z. B. Contract Documents 1. Using ENGINEER's basic specifications, prepare special Contract Documents for bidding a cleaning and TV inspection contract 2. Submit two (2) copies of the draft specifications to the CITY for review. SCOPE B(5) 11/01/01 3. Perform Final changes to Contract Documents. 4. Provide a maximum of twenty (20) sets of contract documents for bidding purposes. Prepare and distribute contracts and addendums. C. Bidding Assistance 1. Advertise, obtain, and evaluating Bid Proposals for the cleaning and TV contract and awarding thereof. Respond to bidder inquires during advertisement of the Contract and conduct a project pre -bid conference. 2. Review the bids for completeness and accuracy. Develop bid tabulations and meet with City to review recommendation of Contract Award. Consult with and advise the CITY on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. 3. Conducting a pre - construction conference with the City and Contractor and answer questions at the conference. Provide minutes of the meeting. D. Field Observation 1. Provide periodic observation of the Contractor during the cleaning and TV inspection. It is not anticipated that observation will be on a full -time basis. 2. Review periodic payment requests from Contractor and make recommendations for payment. 3. Issue field orders to Contractor after consultation with the CITY. Review any change orders proposed by the Contractor with the CITY. 4. Review information (logs, tapes, CDs) provided by Contractor to verify the project is complete. ENGINEER is not responsible for the means or sequences of the work or the implementation program for safety of the contractor and subcontractors and will be stipulated as such in the contract documents. E. Report 1. Review TV inspection logs and tapes and prepare recommendations for repair of identified defects to comply with TNRCC regulations concerning the Edwards Acquifer. SCOPE B(6) 11/01/01 Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows: Attachment D - Fee Schedule Compensation for Basic Services provided under Attachment B: "Scope of Engineering Services" 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 Attachment B: "Scope of Engineering Services" 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. B. Cost Break Down TASK DESCRIPTION UNIT UNIT ESTIMATED TOTAL COST QUATITIES COST (a) ($) Part 1 Mobilization and Project LS 21,184 1 15,056 Administration Data Management Program LS 12,824 1 9,618 Public Relations LS 2,685 1 2,695 ManholeNisual Pipe Inspection EA 61.28 1,900 116,432 Sewer System Mapping LS 3,050 1 3050 Smoke Testing LF 0.36 65,220 23,479 Dyed Water Flooding EA 350.00 12 4,200 Cleaning/TV Inspection/ LF 3.25 3,200 10,400 TV Justification Report Flow Balancing LS 2,465 1 2,465 Final Data Analysis LS 20,668 1 20,668 Draft/Final Reports LS 18,176 1 18,176 SUBTOTAL 226,239 Part II I. Sewer Line Cleaning and CCTV Inspection Program A. Project Administration LS 1,500 1 1,500 B. Prepare Contract Documents LS 7,940 1 7,940 C. Bidding Assistance LS 3,750 1 3,750 D. TV Observation/Tape LS 8,720 1 8.720 Review /Repair Determination SUBTOTAL 2•1 TOTAL 248,149 D(1) tt tlNNi A( CITY OF ROUND ROCK % aieeA t t Mayor Robert A. Stlaka, Jr Mayor Pro -tem Tom Nielson Coundl Members Alan McGraw Carrie Pitt Earl Palmer Isabel Galiahan Gary Coe City Manager Robert L Sennett, Jr City Attorney Stephan L Sheets February 14, 2002 Mr. Hugh M. Kelso Regional Vice President RJN Group, Inc. 12160 Abrams Road, Suite 206 Dallas, TX 75243 Dear Mr. Kelso: 221 Fast Main Street Round Rock, Texas 78664 512 - 218 -5400 The Round Rock City Council approved Resolution No. R- 01- 11 -08- 14D2 at their regularly scheduled meeting on November 8, 2001. This resolution approves the contract to provide engineering services for the 2001 -2002 Wastewater Collection System Inspection Project. Enclosed is a copy of the resolution and agreement for your files. If you have any questions, please do not hesitate to contact Jim Nuse at 218- 5555. ncerely, n y , afi,2 Christine R. Martinez City Secretary Enclosures Fax: 512 -218 -7097 1 -800- 735 -2989 TDD 1- 800 -735 -2988 Voice www.ci.round-rock.tx_us