R-03-02-27-9G1 - 2/27/2003Council Members
Alan McGraw
Carne Pm
Scot Knight
Isabel Gallahan
Gary Coe
City Manager
Jim Nuse
City Attorney
Stephan L Sheets
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
March 11, 2003
Mr. Hugh Kelso
RJN Group, Inc.
12160 Abrams Road, Suite 206
Dallas, TX 75243
Dear Mr. Kelso:
The Round Rock City Council approved Resolution No. R- 03- 02 -27-
9G1 at their regularly scheduled meeting on February 27, 2003. This
resolution approves the agreement for Engineering Services for the
2002 -2003 Sewer Cleaning and Internal Television Inspection, Basins
CC34 -Z, LC15 -Z and LC16 -Z Project.
Enclosed is a copy of the resolution and original agreement for your
files. If you have any questions, please do not hesitate to contact Tom
Clark at 341 -3146.
Sincerely,
Mayor , �
Nyle Maxwell Christine R. Martinez
Mayor Pro-tem City Secretary
Tom Nielson
Enclosure
CITY OF ROUND ROCK Administrative Dept . 221 East Main Street • Round Rock, Texas 78664
Phone 512 218.5400 • Fax 512 218 7097 • www.ci round -rock tx us
0: \vdox \REEOLUTI \R30227C1 UPO /ac
RESOLUTION NO. R- 03- 02- 27 -9G1
WHEREAS, the City of Round Rock desires to retain engineering
services for the 2002 -2003 Sewer Cleaning and Internal Television
Inspection, Basins CC34 -Z, LC15 -Z and LC16 -Z Project, and
WHEREAS,RJN Group, Inc. has submitted an Agreement for Engineering
Services to provide said services, and
WHEREAS, the City Council desires to enter into said agreement
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 an Agreement for Engineering Services with RJN
Group, Inc. for the 2002 -2003 Sewer Cleaning and Internal Television
Inspection, Basins CC34 -Z, LC15 -Z and LC16 -Z Project, a copy of said
agreement 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.
A EST:
C'RISTINE R. MARTINEZ, City Secreta
RESOLVED this 27th day of February, 003.
2
y
'WELL, '-
ity of Round Rock, Texas
ROUND ROCK TtXAS
P URPOSE. PASSION. PROSPERITY
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
RJN GROUP, INC.
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the day of the month of , 2003, 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 RJN GROUP, INC.,
whose principal place of business is located at 12160 Abrams Road, Suite 206, Dallas, Texas 75243,
(hereinafter called "Engineer"), and such Agreement is for the purpose of contracting for professional
engineering services.
RECITALS:
Contract No.
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, WTTNESSETH:
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:
CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
1
EXHIBIT
n
ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be
Performed by Engineer."
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close of
business on the 31 day of the month of December, 2003, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time
extension by City prior to expiration of this Agreement.
(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 services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with
work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
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City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of three hundred sixty eight thousand one hundred and ninety dollars ($ 368,190.00)
as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by
written Supplemental Agreement in the event of a change in scope, additional complexity from that
originally anticipated, or change in character of work as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is 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 work
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 work tasks
identified in Exhibit D entitled "Fee Schedule ". Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work 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.
January 14, 2003 3
ARTICLE 4
COMPENSATION
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 City receives the supplies, materials, equipment, or
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 the supplies, materials, equipment, or
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 to payments made by City 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 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 Agreement 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
City shall issue a written authorization to proceed with work identified in the Scope of Services.
City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to
additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Mr. Don Rundell [Name]
Chief Engineer [Title]
2008 Enterprise Drive [Address]
Round Rock, Texas 78664 [City, State, Zip]
(512) 218 -5554 [Telephone Number]
(512) 218 -5563 [Facsimile Number]
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City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. 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 Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Hugh M. Kelso [Name]
Regional Vice President [Title]
12160 Abrams Road, Suit 206 [Address]
Dallas, Texas 75243 [City, State, Zip]
(972) 437 -4300 [Telephone Number]
(972) 437 -2707 [Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, 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 work. 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
Engineer's services and work.
Should City determine that the progress in production of work 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 work, including but not limited to the following:
(1)
Problems, delays, adverse conditions which may 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; 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.
ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, 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
January 14, 2003 5
agreement and signature of both parties. The work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is
beyond the scope of this Agreement 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 Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems 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 this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work 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
work.
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
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Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Term."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at
his/her /its own expense, may retain copies of such documents or any other data which he/she /it has
furnished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
ARTICLE 15
PERSONNEL, EOUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at his/her /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 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 work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified
personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work 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,
January 14, 2003 7
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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By 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 services and obligations described herein.
Should City terminate this Agreement 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
work performed by Engineer prior to termination, 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 City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
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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 City, the cost to 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 City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional 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 scope of services under this
Agreement.
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 Agreement,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall fumish City with satisfactory proof of his/her /its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to 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 activities by Engineer, its agents, or
employees.
January 14, 2003 9
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make
necessary revisions or corrections 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 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
Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement 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 Agreement is in effect professional liability insurance coverage in the minimum amount
of One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of this Agreement, 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).
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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 Agreement, 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:
January 14, 2003
1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -
renewal or any material change in coverage, 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
Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non - renewal, or material change in coverage it receives from its insurer.
2. Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Engineer.
3. The Term "City" or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees
and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
4. 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.
5. Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(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 the City. Such Certificates of Insurance are evidenced as Exhibit F'
herein entitled "Certificates ".
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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.
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement 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 Agreement 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 Agreement.
ARTICLE 32
NOTICES
i
All notices to either party by the other required under this Agreement shall be personally
delivered or mailed to such party at the following respective addresses:
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January 14, 2003
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Hugh M. Kelso
RJN Group, Inc.
12160 Abrams Road, Suite 206
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 services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may 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 Agreement
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 Agreement 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 Agreement shall be governed by and construed in accordance with the
laws and court decisions of the State of Texas.
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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 Agreement and that he/she has full and
complete authority to enter into this Agreement on behalf of the firm. The above - stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
, approved by the City Council on the day of the month of
2003, and Engineer, RJN GROUP, INC., signing by and through his/her /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:
Mayor
ATTEST:
By:
City Secretary
ENGINEER:
By: l'v /
Signatur of Principal
Printed Name: Hugh M. Kelso
ATTEST:
Standard Engineer's Contract- revised 10 -2002
ARTICLE 34
SIGNATORY WARRANTY
14
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
January 14, 2003
LIST OF EXHIBITS ATTACHED
15
Exhibit A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
City of Round Rock
Phase III — SSES and Cleaning and TV Inspection
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. 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.
6. 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.
7. 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.
8. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during
the project.
A(1)
January 14, 2003
Exhibit B — Services to be Performed by Engineer
Phase III - 2003 Wastewater Collection System
Five -Year Inspection Rehabilitation
PART I - FIELD INVESTIGATION ACTIVITIES
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 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 intemal project control procedures on a monthly basis including
schedule and budget control, quality control review, and monthly progress reports.
B. Data Manaeement/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.
B(1)
II. Field Survey Reconnaissance:
A. Manhole/Visual Pipe Inspection:
B. Rainfall Simulation:
January 14, 2003
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.
1. A comprehensive below ground inspection of manholes and above ground
inspections of cleanouts will be performed at designated manholes in Basins CC34-
Z, LC15 -Z, and LC16 -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 notify the C1TY of any inaccessible or not located
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 C1TY 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.
3. The ENGINEER shall perform inspection at manholes and cleanouts and record
data on ENGINEER's forms and input into the database for analysis (392
structures are estimated).
Rainfall simulation activities will be performed in Basins CC34 -Z, LC15 -Z, and
LC16 -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)
January 14,2003
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 128,800 linear feet is anticipated in Basins CC34 -Z, LC15 -Z, and
LC16 -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.
(15 locations are anticipated.)
C. 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, 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. (4,000 linear feet is anticipated.)
B(3)
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for 1/1 source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included
in the report.
January 14,2003
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
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 1/1.
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.
W. 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.
B(4)
PART 2 — 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 CC34 -Z, LC15 -Z, and LC16 -Z (approximately 128,8001f).
I. Project Administration
Provide a management program for cleaning and TV inspection for all line segments
6 -inch diameter and larger in Basins CC34 -Z, LC15 -Z, and LC16 -Z.
II. Field Inspection
1. Provide Cleaning and TV inspection for 128,800 linear feet of sewer pipe.
2. Record all information collected during the inspection on a video tape.
3. Review information (logs, tapes, CDs) provided by Contractor to verify the project is
complete.
III. Tape Review, Recommendations, Report
January 14,2003
Review TV inspection logs and tapes. Prepare recommendations for repair of identified
defects to comply with TNRCC regulations concerning the Edwards Aquifer and submit
five (5) copies to the City of Round Rock. Logs and video tapes and/or CDs of all lines
inspected will be provided.
B(5)
EXHIBIT C- SCHEDULE
CITY OF ROUND ROCK
Basins CC34 -Z, LC15 -Z, and LC16 -Z
C(1)
Schedule
2003
Task Name
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
PART 1 - SSES
1
-
PROJECT KICKOFF
PROJECT MOBILIZATION /ADMIN
DATA MANAGEMENT /MAPPING
PUBLIC RELATIONS
MANHOLE INSPECTION
SMOKE TESTING
DYED WATER FLOODING
CLEANING/TV INSPECTION /DYE
DATA ANALYSIS
DRAFT REPORT
FINAL REPORT
PART 2 - CLEANING AND TV INSPECTION
PROJECT ADINISTRATION
TV INSPECTION
TAPE REVIEW /RECOMMENDATIONS /REPORT
PROJECT: SSES and CLEANING AND TV INSPECTION
ROUND ROCK, TEXAS
BASINS CC34 -Z, LC15 -Z, AND LC16 -Z
DATE: 01/15/03
TIMELINE
EXHIBIT C- SCHEDULE
CITY OF ROUND ROCK
Basins CC34 -Z, LC15 -Z, and LC16 -Z
C(1)
Schedule
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.
B. Cost Break Down
UNIT TOTAL
COST ESTIMATED COST
TASK DESCRIPTION UNIT ($) QUANTITIES ($)
Part I - SSES
Mobilization and Project Adminiatiution LS 18,036 1 17,978
Data Management Program LS 7,525 1 7,525
Public Relations LS 5,242 1 5,242
Manhole/Visual Pipe Inspection EA 84.85 392 33,261
Smoke Testing LF 0.37 128,800 47,656
Dyed Water Flooding EA 358.73 15 5,381
Cleaning/TV Inspection/ LF 3.15 4,000 12,600
TV Justification Report
Final Data Analysis LS 19,350 1 19,350
Draft/Final Reports LS 15,800 1 15.800
SUBTOTAL 164,851
Part II — Cleaning and TV Inspection
Project Administration LS 1 15,858 15,858
Cleaning and TV Inspection LS 1.27 128,800 163,640
Tape Review/Recommendations /Report LS 24,114 1 24.114
SUBTOTAL 203,339
TOTAL 368,190
D(1)
EXHIBIT D -1
HOURLY RATE SCHEDULE
ITEM DESCRIPTION RATE
1. Project Director 113 -145
2. Project Manager 90 -105
3. Registered Professional Engineer 75 -85
4. Graduate Engineer (ie. E.I.T) 60 -70
5. Field Manager 55 -65
6. Field Supervisor 45 -55
7. Field Technician 30-40
8. CADD Design Technician 55 -65
9. Clerical, Word Processor, Office Technician 40 -50
10. Reimbursement for direct non -labor expense and subcontract
expense at invoice cost plus twenty percent (20 %) service charge
D -1(1)
JAN - 20 - 2003 13:30
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER Mack and Parker, Inc.
55 E. Jackson Boulevard
Chicago, IL 60604
(Barbara Fritz 312 - 279 - 4618)
INSURED
D Greenwich
THIS IS TO CERTIFY Insurance Co.
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 TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE LIMITS
A
RJN Group, Inc.
200 W. Front Street
Wheaton, IL 60187
GENERAL LIABILITY
1077863675
Amman: ma LIABasty
B 1077863644 TX 8/01/02 8/01/03
1077863658 ' 8/01/02 8/01/03
EXCESS LIABILITY
C 1 077863689 8/01/02
WORKERS COMPENSATION
C AND EMPLOYERS' LIABILITY
WC177863661 8/01/02
8/01/02 8/01/03
8/01/03
8/01/02
PROFESSIONAL LIABILITY
0 PE0000984101 8/01/02 8/01/03
Date: Ja nu ary 20, 2003
COMPANIES AFFORDING COVERAGE
A Transcontinental Ins. Co.
g Continental Casualty Co.
C Transportation Ins, CO.
GENERAL AGGREGATE
PRODUCTS- COMP/OP AGG.
PERSONAL et ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one fire)
5 2,000,000
$ 1,000,000
s 1,000,000
$ 1 ,000,000
$ 100,000
MED. EXPENSE (Any ox person) s 10,000
COMBINED SINGLE LIMIT
BODILY INJURY (Per ptr,pn) 31,000,000
BODILY INJURY (Per accident) S
PROPERTY DAMAGE
EACH OCCURRENCE
AGGREGATE
5 3,000,000
$3,000,000
STATUTORY tears
EACNACCIDENT S 500,000
DISEASE -POLICY LIMIT S 500,000
DISE ASE - EACH EMPLOYEE S 500,000
$1,000,000 Each Claim
$1,000,000 Aggregate
$ 25,000 Retention '
DESCRIPTION OF OPERATromiocATION
S/ VE HICJ- FS/SPECtAL.ITIIdS/17LCEPTfONS
,Project: RoundRock, Texas; Phase III - SSES (Basins CC34 -Z, LC15 -Z and LC16 -Z)
The City ofRotmd 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 dare thereof, the issuing
company will mail thirty (30) days written notice to the certificate holder named below.
CERTIFICATE HOLDER; City Manager
City of Rotmd Rock
221 E. Main Street
Round Rock, Texas 78664
Celt of incur CORR
EXfIIIiIT "E'
SIGNA y OF AUTHORIZED
Tyr4Name: Barbara
Trtle:Service Associate
RESENTATIVE
P.02/02
TOTAL P.02
W
® Basins to be inspected
during the 2002 -2003
Wastewater Collection
System lnsection Project
N
v4y
E
WASTEWATER COLLECTION SYSTEM
INSPECTION PROGRAM
,..,r i°.-
POUND ROCK MRS
DATE:
SUBJECT:
ITEM:
Resource:
Outside Resources:
Impact/Benefit:
February 21, 2003
Public Comment: N/A
Sponsor: N/A
City Council Meeting — February 27, 2003
9.G.1. Consider a resolution authorizing the Mayor to execute an Agreement
for Engineering Services with RJN Group, Inc. for the 2002 -2003 Sewer
Cleaning and Internal Television Inspection - Basins CC34 -Z, LC15 -Z,
and LC16 - Z.
Tom Clark, Director of Utilities
Don Rundell, Chief Utility Engineer
Michael Thane, Public Works Engineer
History: This contract is to provide cleaning, inspection analysis, and reports on 128,754
linear feet of our wastewater collection system in three basins (CC34 -Z, LC15-
Z, and LC16 -Z) within the Edwards Aquifer Recharge Zone.
The TCEQ requires that all sewage collection systems that are constructed on
the Edwards Aquifer Recharge Zone be constructed in accordance with specific
criteria to ensure protection of the aquifer. Every five years, existing sewage
collection systems must be inspected and tested to identify and locate structural
damage and defects that would allow infiltration to occur. Damaged lines or
defects must be repaired within one year of discovery.
Funding:
Cost: $368,190
Source of funds: Self financed utility fund
RJN Group, Inc.
Elimination of defects will reduce the I &I entering the system,
reducing the City's wastewater treatment cost to the LCRA and the
Brazos River Authority (BRA). Most importantly we are required
under TCEQ- Edwards Aquifer Rules to inspect and test all
wastewater collection systems, which will help keep our wastewater
treatment cost down. However, it should be noted that the City would
need to dedicate finances annually to comply with current laws.
I filf"-- ROUND ROCK, TEXAS
PURPOSE. PASSION PROSPERITY
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
NOW, THEREFORE, WITNESSETH:
k_03-00?-027-9a/
CITY OF ROUND ROCK AGREEMENT
FOR ENGINEERING SERVICES WITH
RJN GROUP, INC.
RECITALS:
CONTRACT DOCUMENTS
1
Contract No.
THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered
into on this the a7 day of the month of FFAPJhQ y , 2003, 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 RJN GROUP, INC.,
whose principal place of business is located at 12160 Abrams Road, Suite 206, Dallas, Texas 75243,
(hereinafter called `Engineer "), and such Agreement is for the purpose of contracting for professional
engineering services.
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;
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:
The Contract Documents consist of this Agreement and any exhibits attached hereto (which
exhibits are hereby incorporated into and made a part of this Agreement) and all Supplemental
Agreements (as defined herein in Article 13) which are subsequently issued. These form the entire
contract, and all are as fully a part of this Agreement as if attached to this Agreement or repeated herein.
ARTICLE 1
SCOPE OF SERVICES TO BE PERFORMED BY CITY
City shall perform or provide services as identified in Exhibit A entitled "Services to be
Performed by City."
ARTICLE 2
SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER
Engineer shall perform engineering services as identified in Exhibit B entitled "Services to be
Performed by Engineer."
Engineer shall develop a mutually acceptable schedule of work as identified in Exhibit C entitled
"Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineer's Scope
of Services under this Agreement 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 work performed. Should the review times take longer than shown on the Work Schedule,
through no fault of Engineer, additional time may be authorized by City through a written Supplemental
Agreement only if same is requested by a timely written request from Engineer which is approved by
City.
ARTICLE 3
CONTRACT TERM
(1) Term. This Agreement shall be from the date hereof and shall terminate at the close of
business on the 31 day of the month of December, 2003, unless extended by written Supplemental
Agreement executed by Engineer and City prior to the date of termination, or as otherwise terminated as
provided in Article 20 entitled "Termination." Any work 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 work under this Agreement will not be completed before the termination date. In
that event City may, at its sole discretion, extend the contract term by timely written Supplemental
Agreement. Engineer shall allow adequate time for review and approval of his/her /its request for time
extension by City prior to expiration of this Agreement.
(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 services required herein so
that construction of the project will be commenced and completed as scheduled. In this regard, Engineer
shall proceed with sufficient qualified personnel and consultants necessary to fully and timely
accomplish all services required under this Agreement in the highest professional manner.
(3) Notice to Proceed. After execution of this Agreement, Engineer shall not proceed with
work delineated in Article 2 entitled "Scope of Services to be Performed by Engineer" and in Exhibit B
entitled "Services to be Performed by Engineer" until authorized in writing by City to proceed as
provided in Article 7 entitled "Notice to Proceed."
2
ARTICLE 4
COMPENSATION
City shall pay and Engineer agrees to accept the amount shown below as full compensation for
all engineering services performed and to be performed under this Agreement.
The amount payable under this Agreement, without modification of the Agreement as provided
herein, is the sum of three hundred sixty eight thousand one hundred and ninety dollars ($ 368,190.00)
as shown in Exhibit D entitled "Fee Schedule." The lump sum amount payable may be revised only by
written Supplemental Agreement in the event of a change in scope, additional complexity from that
originally anticipated, or change in character of work as authorized by City.
Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support
the progress of the work and to support invoices requesting monthly payment. Any preferred format of
City for such monthly progress reports shall be identified in Exhibit B entitled "Services to be
Performed by Engineer." Satisfactory progress of work shall be maintained as an absolute condition of
payment.
The fee herein referenced may be adjusted for additional work requested and performed only if
approved by written Supplemental Agreement.
ARTICLE 5
METHOD OF PAYMENT
Payments to Engineer for services rendered shall be made while work is 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 work
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 work tasks
identified in Exhibit D entitled "Fee Schedule ". Progress payments shall be made by City based upon
work actually provided and performed. Upon timely receipt and approval of each statement, City shall
make a good faith effort to pay the amount which, notwithstanding anything herein to the contrary, is
due and payable within thirty (30) days. City reserves the right to withhold payment pending verification
of satisfactory work 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.
January 14, 2003 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 City receives the supplies, materials, equipment, or
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 the supplies, materials, equipment, or
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 to payments made by City 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 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 Agreement 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
City shall issue a written authorization to proceed with work identified in the Scope of Services.
City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to
additional work not included in Exhibit B entitled "Services to be Performed by Engineer."
ARTICLE 8
PROJECT TEAM
City's Designated Representative for purposes of this Agreement is as follows:
Mr. Don Rundell [Name]
Chief Engineer [Title]
2008 Enterprise Drive [Address]
Round Rock. Texas 78664 [City, State, Zip]
(512) 218 -5554 [Telephone Number]
(512) 218 -5563 [Facsimile Number]
4
City's Designated Representative shall be authorized to act on City's behalf with respect to this
project. 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 Engineer's services.
Engineer's Designated Representative for purposes of this Agreement is as follows:
Hugh M. Kelso [Name]
Regional Vice President [Title]
12160 Abrams Road, Suit 206 [Address]
Dallas, Texas 75243 [City, State, Zip]
(972) 437 -4300 ' [Telephone Number]
(972) 437 - 2707 [Facsimile Number]
ARTICLE 9
PROGRESS EVALUATION
Engineer shall, from time to time during the progress of the work, 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 work. 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
Engineer's services and work.
Should City determine that the progress in production of work 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 work, including but not limited to the following:
(1) Problems, delays, adverse conditions which may 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; 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.
ARTICLE 10
SUSPENSION
Should City desire to suspend the work, but not to terminate this Agreement, 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
January 14, 2003 5
agreement and signature of both parties. The work may be reinstated and resumed in full force and
effect within sixty (60) days of receipt of written notice from City to resume the work. Such sixty -day
notice may be waived in writing by agreement and signature of both parties.
If City suspends the work, the contract period as determined in Article 3 is not affected and this
Agreement will terminate on the date specified unless this Agreement is amended indicating otherwise.
City assumes no liability for work performed or costs incurred prior to the date authorized by
City for Engineer to begin work, and/or during periods when work is suspended, and/or subsequent to
the contract completion date.
ARTICLE 11
ADDITIONAL WORK
If Engineer forms a reasonable opinion that any work he /she/it has been directed to perform is
beyond the scope of this Agreement 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 Agreement will
be executed between the parties as provided in Article 13 entitled "Supplemental Agreements."
Engineer shall not perform any proposed additional work nor incur any additional costs prior to the
execution, by both parties, of a written Supplemental Agreement. 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 work authorized in this Agreement or any amendments thereto.
ARTICLE 12
CHANGES IN WORK
If City deems 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 this
Agreement, then Engineer shall make such revisions as requested and as directed by City. Such
revisions shall be considered as additional work and paid for as specified under Article 11 entitled
"Additional Work."
Engineer shall make revisions to work 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
work.
ARTICLE 13
SUPPLEMENTAL AGREEMENTS
The terms of this Agreement may be modified by written Supplemental Agreement if 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. Any such Supplemental Agreement must be
duly authorized by City Council Resolution. Where such City Council authorization is required,
Engineer shall not proceed until the appropriate Resolution has been adopted. Additional
compensation, if appropriate, shall be identified as provided in Article 4 entitled "Compensation."
6
Both parties must execute any written Supplemental Agreement within the contract period
specified in Article 3 entitled "Contract Tenn."
It is understood and agreed by and between both parties that Engineer shall make no claim for
extra work done or materials furnished until City grants full execution of the written Supplemental
Agreement and authorization to proceed. City reserves the right to withhold payment pending
verification of satisfactory work 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 Agreement 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 Agreement. Engineer, at
his/her /its own expense, may retain copies of such documents or any other data which he/she/it has
furnished City under this Agreement. Any release of information shall be in conformance with
requirements of the Texas Open Records Act.
ARTICLE 15
PERSONNEL, EQUIPMENT AND MATERIAL
Engineer shall furnish and maintain, at his/her /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 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 work shall immediately be removed from association with
the project when so instructed by City. Engineer certifies that he/she/it presently has adequate qualified
personnel in his/her /its employment for performance of the services required under this Agreement, 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 work under this Agreement
without prior written approval from City. All subcontracts shall include the provisions required in this
Agreement and shall be approved as to form, in writing, by City prior to work being performed under
the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Agreement.
ARTICLE 17
EVALUATION OF WORK
City, or any authorized representatives of it, shall have the right at all reasonable times to review
or otherwise evaluate the work 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,
January 14, 2003 7
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 Agreement, 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 Agreement 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 City, by notice in writing to Engineer, as a consequence of failure by Engineer to
perform the services set forth herein in a satisfactory manner.
(3) By either party, upon the failure of the other party to fulfill its obligations as set forth
herein.
(4) By 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 services and obligations described herein.
Should City terminate this Agreement 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
work performed by Engineer prior to termination, 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 City terminate
this Agreement under Subsection (4) immediately above, then the amount charged during the thirty (30)
day notice period shall not exceed the amount charged during the preceding thirty (30) days.
If Engineer defaults in the performance of this Agreement or if City terminates this Agreement
for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by
8
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 City, the cost to 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 City of the work performed at the time of default.
The termination of this Agreement and payment of an amount in settlement as prescribed above
shall extinguish all rights, duties, and obligations of City and Engineer under this Agreement, except
the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this
Agreement is due to the failure of Engineer to fulfill his/her /its contractual obligations, then City may
take over the project and prosecute the work to completion. In such case, Engineer shall be liable to
City for any additional 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 scope of services under this
Agreement.
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 Agreement,
including without limitation, minimum/maximum salary and wage statutes and regulations, and
licensing laws and regulations. Engineer shall fumish City with satisfactory proof of his/her /its
compliance.
Engineer shall further obtain all permits and licenses required in the performance of the
professional services contracted for herein.
(2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the 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
Agreement, which are caused by or which result from error, omission, or negligent act of Engineer or of
any person employed by Engineer or under Engineer's direction or control.
Engineer shall also save and hold City harmless from any and all expenses, including but not
limited to attomeys 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 activities by Engineer, its agents, or
employees.
January 14, 2003 9
ARTICLE 23
ENGINEER'S RESPONSIBILITIES
Engineer shall be responsible for the accuracy of his/her /its work and shall promptly make
necessary revisions or corrections 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 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
Agreement, 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 Agreement. For breach or violation of this warranty, City reserves and
shall have the right to annul this Agreement 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 Agreement is in effect professional liability insurance coverage in the minimum amount
of One Million Dollars from a company authorized to do insurance business in Texas and otherwise
acceptable to City.
(2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of
Engineer, Engineer shall require each subconsultant performing work under this Agreement to maintain
during the term of this Agreement, 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).
10
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 Agreement, 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:
January 14.2003
1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non -
renewal or any material change in coverage, 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
Engineer shall also notify City, within 24 hours of receipt, of any notices of expiration,
cancellation, non - renewal, or material change in coverage it receives from its insurer.
2. Companies issuing the insurance policies shall have no recourse against City for payment
of any premiums or assessments for any deductibles which all are at the sole
responsibility and risk of Engineer.
3. The Term "City ". or "City of Round Rock" shall include all authorities, Boards,
Commissions, Departments, and officers of City and the individual members, employees
and agents thereof in their official capacities, and/or while acting on behalf of the City of
Round Rock.
4. 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.
5. Engineer and City mutually waive subrogation rights each may have against the other for
loss or damage, to the extent same is covered by the proceeds of insurance.
(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 the City. Such Certificates of Insurance are evidenced as Exhibit '
herein entitled "Certificates ".
11
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 govemmental
purposes. -
ARTICLE 28
SUCCESSORS AND ASSIGNS
This Agreement 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 Agreement, 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 Agreement 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 Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
ARTICLE 30
PRIOR AGREEMENTS SUPERSEDED
This Agreement 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 Agreement 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 Agreement.
ARTICLE 32
NOTICES
i
All notices to either party by the other required under this Agreement shall be personally
delivered or mailed to such party at the following respective addresses:
12
City:
City of Round Rock
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
and to:
January 14, 2003
Stephan L. Sheets
City Attorney
309 East Main Street
Round Rock, TX 78664
Engineer:
Hugh M. Kelso
RJN Group, Inc.
12160 Abrams Road, Suite 206
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 services for each phase of this Agreement within the agreed
Work Schedule may constitute a material breach of this Agreement. Engineer shall be fully responsible
for his/her /its delays or for failures to use his/her /its best efforts in accordance with the terms of this
Agreement. Where damage is caused to City due to Engineer's failure to perform in these
circumstances, City may 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 Agreement
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 Agreement 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 Agreement shall be govemed by and construed in accordance with the
laws and court decisions of the State of Texas.
13
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 Agreement and that he /she has full and
complete authority to enter into this Agreement on behalf of the firm. The above - stated representations
and warranties are made for the purpose of inducing City to enter into this Agreement.
IN WITNESS WHEREOF, the City of Round Rock has caused this Agreement to be signed in
its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No.
/2-03-D014'7 -941 , approved by the City Council on the a 7 day of the month of
Ft✓82Utt 2003, and Engineer, RJN GROUP, INC., signing by and through his/her /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:
By:
ATTEST:
City Secretary
ENGINEER:
By: P /4
Signatur of Principal
Printed Name: Hugh M. Kelso
ATTEST:
By: � ./
Corpora t Secretary
ARTICLE 34
SIGNATORY WARRANTY
Standard Engineer's Contract- revised 10 -2002
14
(1) Exhibit A "Services to be Performed by City"
(2) Exhibit B "Services to be Performed by Engineer"
(3) Exhibit C "Work Schedule"
(4) Exhibit D "Fee Schedule"
(5) Exhibit E "Work Authorizations"
(6) Exhibit F "Certificates of Insurance"
January 14, 2003
LIST OF EXHIBITS ATTACHED
15
Exhibit A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
City of Round Rock
Phase III — SSES and Cleaning and TV Inspection
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 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.
6 Furnish approvals and permits for all govemmental 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.
7. 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.
8. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during
the project.
A(1)
Exhibit B — Services to be Performed by Engineer
Phase III - 2003 Wastewater Collection System
Five -Year Inspection Rehabilitation
PART I - FIELD INVESTIGATION ACTIVITIES
L Protect Administration and Management:
A. Protect Administration:
Mobilize project team and prepare equipment for field testing.
January 14,2003
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/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 fmal 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.
B(1)
II. Field Survey Reconnaissance:
A. Manhole/Visual Pipe Inspection:
January 14, 2003
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.
1. A comprehensive below ground inspection of manholes and above ground
inspections of cleanouts will be performed at designated manholes in Basins CC34-
Z, LC15 -Z, and LC16 -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 notify the CITY of any inaccessible or not located
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 C1TY 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 C1TY.
3. The ENGINEER shall perform inspection at manholes and cleanouts and record
data on ENGINEER's forms and input into the database for analysis (392
structures are estimated).
B. Rainfall Simulation:
Rainfall simulation activities will be performed in Basins CC34 -Z, LC15 -Z, and
LC16 -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)
January 14, 2003
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 128,800 linear feet is anticipated in Basins CC34 -Z, LC15 -Z, and
LC16 -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.
(15 locations are anticipated.)
C. 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, 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. (4,000 linear feet is anticipated.)
B(3)
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for I/1 source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included
in the report.
January 14,2003
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
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 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 1/1.
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 C1TY.
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
coordinated with C1TY prior to delivery.). Graphical/Mapping computer data shall be
compatible with the format developed during the Phase I Study by RJN.
B(4)
PART 2 — 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 CC34 -Z, LC15 -Z, and LC16 -Z (approximately 128,800 If).
L Project Administration
Provide a management program for cleaning and TV inspection for all line segments
6 -inch diameter and larger in Basins CC34 -Z, LC15 -Z, and LC16 -Z.
II. Field Inspection
1. Provide Cleaning and TV inspection for 128,800 linear feet of sewer pipe.
2. Record all information collected during the inspection on a video tape.
3. Review information (logs, tapes, CDs) provided by Contractor to verify the project is
complete.
III. Tape Review, Recommendations, Report
Review TV inspection logs and tapes. Prepare recommendations for repair of identified
defects to comply with TNRCC regulations concerning the Edwards Aquifer and submit
five (5) copies to the City of Round Rock. Logs and video tapes and/or CDs of all lines
inspected will be provided.
January 14, 2003 B(5)
EXHIBIT C- SCHEDULE
CITY OF ROUND ROCK
Basins CC34 -Z, LC15 -Z, and LC16 -Z
C(1)
Schedule
2003
Task Name
FEB MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
DEC
PART 1 - SSES
,
PROJECT KICKOFF
PROJECT MOBILIZATION /ADMIN
DATA MANAGEMENT /MAPPING
PUBLIC RELATIONS
MANHOLE INSPECTION
SMOKE TESTING
DYED WATER FLOODING
CLEANING/TV INSPECTION /DYE
DATA ANALYSIS
DRAFT REPORT
FINAL REPORT
PART 2 - CLEANING AND TV INSPECTION
i
I
I
I
I
i
i
I
i -
PROJECTADINISTRATION
TV INSPECTION
TAPE REVIEW /RECOMMENDATIONS /REPORT
!
PROJECT: SSES and CLEANING AND TV INSPECTION
ROUND ROCK, TEXAS
BASINS CC34 -Z, LC15 -Z, AND LC16 -Z
DATE: 01/15/03
TIME LINE
EXHIBIT C- SCHEDULE
CITY OF ROUND ROCK
Basins CC34 -Z, LC15 -Z, and LC16 -Z
C(1)
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.
B. Cost Break Down
Exhibit D - Fee Schedule
UNIT TOTAL
COST ESTIMATED COST
TASK DESCRIPTION UNIT ($) QUANTITIES ($)
Part I - SSES
Mobilization and Project Administration LS 18,036 1 17,978
Data Management Program LS 7,525 1 7,525
Public Relations LS 5,242 1 5,242
ManholeNisual Pipe Inspection EA 84.85 392 33,261
Smoke Testing LF 0.37 128,800 47,656
Dyed Water Flooding EA 358.73 15 5,381
Cleaning/TV Inspection/ LF 3.15 4,000 12,600
TV Justification Report
Final Data Analysis LS 19,350 1 19,350
Draft/Final Reports LS 15,800 1 15,800
SUBTOTAL 164,851
Part II — Cleaning and TV Inspection
Project Administration LS 1 15,858 15,858
Cleaning and TV Inspection LS 1.27 128,800 163,640
Tape Review/Recommendations/Report LS 24,114 1 24,114
SUBTOTAL 203,339
TOTAL 368,190
D(1)
EXHIBIT D -1
HOURLY RATE SCHEDULE
ITEM DESCRIPTION RATE
1. Project Director 113 -145
2. Project Manager 90 -105
3. Registered Professional Engineer 75 -85
4. Graduate Engineer (ie. E.I.T.) 60 -70
5. Field Manager 55 -65
6. Field Supervisor 45 -55
7. Field Technician 30 -40
8. CADD Design Technician 55 -65
9. Clerical, Word Processor, Office Technician 40 -50
10. Reimbursement for direct non -labor expense and subcontract
expense at invoice cost plus twenty percent (20 %) service charge
D -1(1)
JAN-20-2003 13:30
CERTIFICATE OF LIABILITY INSURANCE
PRODUCER Mack and Parker, Inc.
55 E. Jackson Boulevard
Chicago, IL 60604
(Barbara Fritz 3 12 -279 -4618)
INSURED
RJN Group, Inc.
200 W. Front Street
Wheaton, IL 60187 Greenwich Insurance Co.
THIS IS TO CERTIFY THAI' 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 arc noted
below, •
CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION
LTR NUMBER DATE DATE
A
GENERAL LIABILITY
EXCESS LIABIITY
Cert of lnsw CORR
D
1077863675 8/01/02 8/01/03
AUTOMOBILE LNBIUTY
B 1077863644 TX 8/01/02 8/01/03
1077863658 8/01/02 8/01/03 .
C 1077863689 8/01/02
WORKERS COMPENSATION
C AND EMPLOYERS' LIABILITY
WC177863661 8/01/02
EXUIBIT "E"
Date: January 20, 2003
COMPANIES AFFORDING COVERAGE
A Transcontinental Ins. Co.
g Continental Casualty Co.
C Transportation Ins. CO.
8/01/03
8/01/02
PROFESSIONAL
D PE0000984101 8/01/02 8/01/03
EACH OCCURRENCE
AGGREGATE
SIGNA OF AUTHORIZED
LIMITS
GENERAL AGGREGATE
PRODUCTS -COMP /OPAGG.
PERSONAL th ADV. INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one free)
MED. EXPENSE (Any one person) S
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODI INJURY (Per accident)
PROPERTY DAMAGE
STATUTORY LIMITS
EACHACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE
$1,000,000 Each Claim
$1,000,000 Aggregate
$ 25,000 Retention
' a'RESENTATTVE
Ty ea Name: Barbara
Idle: Service Associate
P.02/02
• 2,000,000
5 1,000,000
s 1,000,000
$ 1,000,000
$ 100,000
10,000
$1,000,000
5 3,000,000
$3,000,000
s 500,000
s 500,000
$ 500,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES /SPECIAL ITEMS/EXCEPTIONS
Project: Round Rock, Texas; Phase III - SSES (Basins CC34 -2, LC15 -7 and -z)
The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers'
and 'Professional Liability'. Should any of the above descnbed policies be cancelled or changed before the thereof, e i ss ui ng
company will mail thirty (30) days written notice to the certificate bolder below. expiration dare thereof, the iss
CERTIFICATE HOLDER: City Manager
City of Roimd Rock
221 E. Main Street
Round Rock, Texas 75664
TOTAL P.02
® Basins to be inspected
during the 2002 -2003
Wastewater Collection
System Insect/on Project
WASTEWATER COLLECTION SYSTEM
INSPECTION PROGRAM