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R-03-04-24-14E1 - 4/24/2003Mayor Nyle Maxwell Mayor Pro -tem Tom Nielson Council Members Alan McGraw Carrie Pitt Scot Knight Isabel Gallahan Gary Coe City Manager Jim Nuse City Attorney Stephan L. Sheets ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY May 15, 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- 04 -24- 14E1 at their regularly scheduled meeting on April 24, 2003. This resolution approves the agreement for Engineering Services for the engineering services for the design of the 2002 -2003 Waster Collection System Rehabilitation Project — Basin 0C31 -Z and CC36 -Z. 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 ristine R. Martinez City Secretary Enclosure CITY OF ROUND ROCK Administrative Dept., 221 East Main Street • Round Rock, Texas 78664 Phone: 5I2.z18.5400 • Fax 512.218.7og7 • www.ci.round- rocktx.us o: \wdo. \Resor.ori \R3oa ?asi. aao 4 7 , RESOLUTION NO. R- 03- 04- 24 -14E1 WHEREAS, the City of Round Rock desires to retain engineering services for the design of the 2002 -2003 Wastewater Collection System Rehabilitation Project - Basins 0C31 -Z and CC36 -Z, 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 design of the 2002 -2003 Wastewater Collection System Rehabilitation Project - Basins 0C31 -Z and CC36 -Z, 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 TEST: RESOLVED this 24th day of April, 2003. CHRISTINE R. MARTINEZ, City Secret o : \ wdo: \REScLUrx\R3O424E2.wrni :o 2 1 NYL �� ' WE �r Ma or City of Round Rock, Texas y ROUND ROCK, TEXAS PURPOSE PnS510N PROSPERM THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH RJN Group, Inc. FOR 2002 -2003 Wastewater Collection System Rehabilitation Project Basins 0C31 -Z and CC36 -Z § THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the day of the month of , 200_ , 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: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Agreement for Engincc, ing Serv- RJN- ec36z&oe3lz.doc EXHIBIT " Rev.4 /1/03 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. 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 Mav, 2004, 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 m 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 2 3 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." 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 One hundred twenty - four thousand two hundred sixty - seven dollars ($124,267.00) 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 Rev. 4/1/03 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. 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." 4 Rev. 4/1/03 ARTICLE 8 PROJECT TEAM 5 City's Designated Representative for purposes of this Agreement is as follows: Mr. Don Rundell, Chief Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -5554 Fax Number: (512) 218 -5563 Email Address: drundelaround- rock.tx.us 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, Regional Vice President 12160 Abrams Road, Suite 206 Dallas, Texas 75243 Telephone Number: (972) 437 -4300 Fax Number: (972) 437 -2707 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, m 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 Rev. 4/1/03 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 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 fords 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." 6 Rev. 4/1/03 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." 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, 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 perfonn 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 m 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. 7 Rev. 4/1/03 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, 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 fmal 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. 8 Rev. 4/1/03 (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 -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 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 furnish 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. 9 Rev. 4/1/03 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. 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. 10 Rev. 4/1/03 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). 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: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in the limit or scope of 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 are the sole responsibility of and at the sole 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 and employees 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. 11 Rev. 4/1/03 (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance" ARTICLE 27 COPYRIGHTS City shall have the royalty-free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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. 12 Rev. 4/1/03 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: 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 32 NOTICES 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 13 Rev. 4/1/03 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. 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 , 200_, 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: Signa Printed of Principal ame: Hugh M. Kelso ARTICLE 34 SIGNATORY WARRANTY 14 Rev. 4/1/03 LIST OF EXHIBITS ATTACHED (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" 15 Rev. 4/1/03 Exhibit A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK City of Round Rock Wastewater Collection System Rehabilitation Basins CC36 -Z and 0C31 -Z 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 design and construction standards to include standards for manhole construction, 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 design or construction of 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. Secure easements (using documents prepared by Engineer) as required for construction of the project. A -1 Exhibit B SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER CITY OF ROUND ROCK Basins CC36 -Z AND 0C31 -Z Wastewater Collection System Rehabilitation This scope includes the final design, bidding assistance, and construction administration assistance for rehabilitation of the wastewater collection system in CC36 -Z and 0C31 -Z. The estimated schedule of repairs includes 150 manholes, 56 point repairs, 1 line replacement, and 2,000 linear feet of 18 -inch diameter sewer replacement for an estimated construction cost of $881,050. A description of the rehabilitation is shown on Table B -1 following this Attachment. Engineering Design, Bidding Assistance and Construction Engineering Assistance Item I. Basic Services A. Project Administration and Management 1. Perform project initiation activities. 2. Perform general administration and project management including meetings with City staff as necessary. 3. Procure subcontractors for such work as topographic surveying and easement document preparation. 4. Obtain right of entry agreements from property owners with wastewater lines requiring replacement located in easements in their rear yards. Right - of -entry agreements will be available in both English and Spanish. B. Preliminary Plan Sheets 1. Coordinate with utility companies to have existing utilities located both on the ground and on the design sheets. 2. Perform as -built and right -of -way research for each site. 3. Review the data base provided by the surveyor to ensure standards are met and perform any clean-up that may be required. 4. Prepare preliminary plan sheets for all lines that require point repairs and plan and profile sheets for lines that require replacement. Walk each point repair and replacement to verify all visible improvements were located and are shown on the drawings. B -1 5. Submit preliminary design plans to the City for review. Meet with the City to review the preliminary submittal. C. Final Plans, Specifications, and Estimates 1. Prepare final design plans based on the review of the City and discussions with the Engineer. 2. Review selective computer output reports from the Manhole Inspection Program to determine I/I sources to be rehabilitated. 3. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, sealing techniques, manhole interior repairs, and/or manhole replacement. 4. Using ENGINEER's basic specifications, prepare project specifications which shall include but not be limited to: (1) bidding documents, (2) contractual documents, (3) conditions of the contract, (4) standard project forms, (5) technical specifications, (6) Schedule of Manhole Rehabilitation, (7) Location Map and (8) General Details. 5. Prepare ENGINEER's Opinion of Probable Construction Cost. 6. Submit three (3) copies of the draft specifications to the City for review. 7. Perform final changes to the specifications based on City review. 8. Submit three (3) hard copies and an electronic copy (MicroStation) of the final contract documents to the City. Item II. Special Services A. Contract Services For the purpose of the cost proposal, it is anticipated that one (1) construction contract will be bid. The contract bid shall include manhole rehabilitation and sewer line repairs. 1. Assist the City in advertising, obtaining, and evaluating Bid Proposals for the construction contract and awarding thereof. Provide assistance to the City in responding to bidder inquiries during advertisement of the construction contract, and participate in project pre-bid conference. Provide and distribute bidding documents and addendum. Non - refunded bid deposits shall remain the property of the ENGINEER for administrative, printing, and handling cost. B -2 2. Assist the City in reviewing the bids for completeness and accuracy. Develop bid tabulations and submit a written recommendation of contract award to the City along with three (3) copies of the bid tabulations. 3. Consult with and advise the City on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. 4. Provide the successful bidder(s) with five (5) sets of the contract specifications for execution and the insertion of the required insurance certificates. Provide the successful bidder(s) with five (5) sets of the contract documents for construction purposes. 5. Assist the City in conducting a pre - construction conference with the Contractors by notifying utilities, governmental agencies, and other interested parties, and answer questions at the conference. 6. Review shop drawings, scheduling, test results, and other submittals that the Contractor is required to submit. 7. Provide 6 site visits for observation for sewer and manhole rehabilitation construction for general conformance to the contract drawings and contract specifications. Times of observation will be coordinated with the City. 8. Review and prepare any change orders proposed by the Contractor and provide recommendations to the City. 9. Provide the City with two (2) sets of black line prints and an electronic copy (MicroStation) of the record drawings. City will provide mark -ups for producing the record drawings. B. Additional Services 1. Conduct horizontal and vertical control survey necessary for design of the project. 2. Provide the City with the technical information for location of the easements, if any, required for construction of the project. Information will include width and general location of the easements, and distances from the property lines. Property line information shall be obtained from existing maps provided by the City to the ENGINEER. After approval by the City, the ENGINEER will prepare and issue legal description of B -3 easements. The City will secure easements as necessary. Seven easements are included. 3. Communicate with Texas Commission on Environmental Quality (TCEQ) in accordance with the Edwards Aquifer Rules to include preparing a clarification request exempting the City of Round Rock from preparing a recharge/ transition zone plan and permit for wastewater collection system rehabilitation construction. Any fees required by the TCEQ will be the responsibility of the City. If determined by the TCEQ that a plan and permit are required, the ENGINEER and any special services, such as geotechnical, required to complete the plan and permit will be compensated at the rate schedule attached and at a negotiated fee for special services. 4. Design the wastewater collections system improvements to meet the requirements found in 30 TAC Chapter 317, "Design Criteria for Sewerage Systems" and the requirements set forth in the Edwards Aquifer Rule (RG- 349) Section 3.3.1.2.1. 5. Prepare a Storm Water Pollution Prevention Plan in accordance with EPA's NPDES requirements for construction activities. One plan will be developed for the project as a whole and not for specific work locations. The plan will be based upon guidelines set forth by the TCEQ. 6. RJN will incorporate construction methods and environmental requirements associated with wetlands delineated in the construction area or along the access route to the construction area. It is assumed that wetlands delineation as well as 404 or other permitting requirements will be prepared by others. B -4 Line Segment Table B -1 RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment VI Removed Construction Length (grd) Cost (in) (If) Station Inflow Infiltration ($) POINT REPAIRS 11 Basin CC36 -Z (CC36 -Z)001 - (CC32 -Z)001 42 496 0+11 to 0+21' 0 796 12,500 0+76 to 0+86 0 796 12,500 1 +33 to 1+43 0 796 12,500 2+69 to 2 +79 0 796 12,500 4+03 to 4 +13 0 687 12,500 (CC36 -Z)002 - (CC36 -Z)001 42 221 0+15 to 0+40 0 814 12,500 1 +23 to 1 +28 0 814 12,500 1 +50 to 1 +75 0 814 12,500 2+00 to 2 +15 0 814 12,500 (CC36 -Z)003 - (CC36 -Z)002 36 73 0+09 to 0+19 0 684 10,000 (CC36 -Z)005 - (CC36 -Z)003 36 445 3 +57 to 3+67 0 567 10,000 3 +80 to 3+90 0 568 10,000 (CC36 -Z)006 - (CC36 -Z)005 36 495 0+83 to 0+93 0 567 10,000 2 +13 to 2 +23 0 568 10.000 1/ Alternate repair method to be evaluated in the final design fie. Chemical grouting, point repair by lining, etc.) 2/ Based on a 5- year /60- minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Line Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment 1/I Removed Construction Length (gpd) Cost (in) (10 Station Inflow Infiltration ($) Basin CC36 -Z (Cont.) (CC36-Z)009 - (CC36-Z)007 36 654 2+ 65 too 2+70' 0 0 684 10,000 3 +25 to 3 +45 0 547 10,500 (CC36 -Z)01 l - (CC36-Z)009 36 648 1+95 to 2+25' 0 410 10,000 (CC36 -Z)012 - (CC36 -Z)01 1 36 464 2+67 to 2 +7g 0 410 10,000 (CC36 -Z)013 - (CC36 -Z)012 36 558 0+25 to 0+30B 0 912 10,000 3 +59 to 3+63 0 912 10,000 4 +77 to 4 +82 0 912 10,000 (CC36 -Z)015 - (CC36 -2)014 36 732. 0+15 to 0+40 0 8,290 10,000 (CC36 -Z)037 - (CC36 -Z)036 36 503 0+12 t 0+2 0 6,840 8,000 (CC36-Z)039 - (CC36-Z)038 36 408 1+92 to 1 + 0 411 7,000 I/ Alternate repair method to be evaluated in the final design Be. Chemical grouting, point repair by lining, etc.) 2/ Based on a 5-year/60-minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Line Segment Table B-1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment 1/I Removed Construction Length (PDd) Cost (in) (10 Station Inflow' -/ Infiltration (8) O 410 7,000 O 410 7,000 O 1,368 4,000 O 780 4,000 O 684 4,000 O 684 4,000 O 1,211 3,500 O 1,210 3,500 O 137 8,000 0 684 8,000 O 10,944 8,000 O 684 8.000 0 51 435 361 500 Basin CC36 -Z (Conti (CC36 -Z)040 - (CC36 -Z)039 36 491 2 +74 to 2 +79' (CC36 -2)041 - (CC36 -Z)040 36 483 1 +74 to 1 +79Y (CC36- Z)049A - (CC36 -Z)049 10 280 2 +71 (CC36 -Z)058 - (CC36 -Z)051 10 166 0+29 to 0+30 (CC36 -Z)059 - (CC36 -Z)058 10 226 2 +21 to 2+26Y (CC36 -Z)077 - (CC36 -Z)076 8 351 0+28 to 0+38 (CC36 -Z)079 - (CC36 -Z)078 8 608 3+65 to 4+65 (CC36 -Z)090 - (CC36 -Z)083 18 246 2 +36 to 2 +46'' (CC36 -Z)095 - (CC36 -Z)094 18 325 0+36 to 0+46' (CC36 -Z)100 - (CC36 -Z)095 18 351 0+25 to 0+35 (CC36 -Z)109 - (CC36 -Z)108 18 427 2 +80to 2+90 Subtotal 9 651 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc.) 1/ Based on a 5- year /60- minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located al service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Line Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment 1/1 Removed Construction Length (gpd) Cost (in) (10 Station Inflow Infiltration ($) Basin 0C31 -Z (0C31 -Z)010 - (0C31- Z)00IA 24 472 2+07 to 2 +17 0 684 6,000 (0C31 -Z)014 - (0C31 -Z)013 10 339 1 +14 to 2 +76 0 1,368 17,820 (0C31 -Z)019 - (0C31 -Z)013 24 357 0+50 to 0+55 0 274 6,000 1 +12 to 1 +17 0 274 6,000 1 +65 to 1 +70 0 273 6,000 2+09 to 2 +14 0 273 6,000 (0C31 -Z)022 - (0C31 -Z)021 24 527 01-33 to 0+43 0 378 6,000 1+03 to 1 +13 0 378 6,000 1+60 to 2+00 0 379 6,000 (0C31 -Z)027 - (0C31- Z)026A 24 426 0+23 to 0+33 0 821 6,000 2 +25 to 2 +35 0 821 6,000 (0C31 -Z)033 - (0C31 -Z)032 24 397 0+23 to 0+30 0 684 7,000 (0C31 -Z)034 - (0C31 -Z)033 24 462 2 +13 to 2 +23"" 0 410 7,000 I/ Alternate repair method to be evaluated In the final design (ie. Chemical grouting, point repair by lining, etc) 7/ Based on a 5-year/60-minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. EWER REPLACEMENTS Basin CC36 -Z (CC36 -Z)110 (CC36 -Z)109 8 240 Subtotal 1/ 2/ 3/ 4/ 5/ 6/ 7/ Table B -I (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment VI Removed Construction Length (gpd) Cost ine Segment (in) (If) Station Inflow Infiltration ( asin 0C31 -Z (Cont) 7 ppp (0C31 -Z)036 - (0C31 -Z)035 24 625 3 +99 to 4 +34' - 0 1,368 (0C31 -Z)041 - (0C31 -Z)040 24 402 1+04 to 1 +10 0 684 6,000 (0C31-Z)050E - (0C31- Z)050D 8 431 0+50 to 0+60' 4,320 320 1Q 95 1118.820 4,000 Subtotal 4 Total Repairs 14,089 ,089 4,320 61,462 470,320 Total P N/A 0 0 24 000 0 0 24,000 Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc.) Based on a 5-year/60-minute storm. Measured from upstream manhole. Measured from downstream manhole. Located at service connection. Also recommended for henry cleaning. Recommended for capacity analysis. Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment 1/1 Removed Construction Length (gpd) Cost Line Segment (in) (11) Station Inflow Infiltration (8) Basin LC09 -Z (LC09 -Z)002 - (LC09 -Z)003 18 122 N/A 0 0 17,690 (LC09 -Z)003 - (LC09 -Z)004 18 479 N/A 0 0 69,455 (LC09 -Z)004 - (LC09 -Z)005 18 94 N/A 0 0 13,630 (LC09 -Z)005 - (LC09 -Z)006 18 522 N/A 0 0 75,690 (LC09 -Z)006 - (LC09 -Z)007 18 414 N/A 0 0 60,030 (LC09 -Z)007 - (LC09 -Z)008 18 341 N/A 0 0 49,445 (LC09 -Z)008 - (LC09 -Z)009 36 25 NA 0 0 3.625 Subtotal 1.997 4 2 289.565 Total Replacements 2,237 0 0 313,565 Grand Total 2,237 4,320 61,462 783,885 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc) 2/ Based on a 5-year/60-minute storm. 1/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy leaning. 7/ Recommended for capacity analysis. Exhibit C AUTHORIZATION PROGRESS AND COMPLETION The City and ENGINEER agree that the project is planned for completion according to the schedule below with anticipated Notice to Proceed in April 2003. Major Tasks Completion Date Draft Plans /Specifications July 2003 Final Plans /Specifications September 2003 Bidding and Award November 2003 Construction Completion March 2004 A more detailed schedule is shown on C -2. The ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the ENGINEER may modify the project schedule during the course of the project and if such modifications affect the ENGINEER's compensation, it shall be modified accordingly, subject to City approval. 4/9/2003 C -1 Unit Costs Cost Task Description Unit ($) ($) Basic Services 7,500 Project Administration/Management 1 LS 7,500 Wastewater Line Design 42,675 42, LS 42, 675 1 LS 7,864 (pt. repairs /replacement) 1 L 2,675 Manhole Rehabilitation Design 58,039 Total Basic Services Exhibit D FEE SCHEDULE City of Round Rock Wastewater Collection System Rehabilitation Basins CC36 -Z and 0C31 -Z Specia l Services 14,558 14,558 Contract Services 1 LS Other Services 33,770 Survey 1 LS 26,202 8,400 Easement 7 EA 1,200 TCEQ Requirements (In accordance 2 100 2,100 with Scope Item II.B.2) 1 LS 2 EA 1,200 2,400 Permits (2 EA) Wetland Issues 1 LS 2,000 2,000 3.000 1 LS 3,000 SWP 6 22 Subtotal Special Services 124,267 Total Cost Not -to- Exceed Personnel tes are Project Director ($145/hr), Project Manager /Senior Engineer ($113/hr), Project Engineer ($90/hr), Draftsperson ($65/hr), Field Manager ($70/hr), Office /Clerical ($48/hr). 1/ Does not include 404 permits. Includes site visit and recommendation to minimize impact to Wetlands. D -1 4/9/2003 Table 1 - Schedule of Repairs 233 150 manholes TOTAL Estimated Construction Cost 96,730.00 314,000.00 470,320.00 881,050.00 408,200.00 611,416.00 1,145,365.0 Description Manhole Defects Point Res airs Number of Defects /Repairs 2,240 If 52 Estimated Capital Cost 125,749.00 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES B INSURED RJN Group, Inc. 200 West Front Street Wheaton, IL 60187 D C CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE A PROFESSIONAL LIABILITY PE0000984101 8/01/02 8/01/03 DESCRIPTION OF SPECIAL ITEMS/EXCEPTIONS Project: 2002 -2003 Wastewater Collection System Rehabilitation Project Basins 0C31 -Z and CC36 -Z CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Christine Martinez, City Secretary Date: LIMITS April 7, 2003 PRODUCER COMPANIES AFFORDING COVERAGE Mack and Parker, Inc. A 55 E. Jackson Boulevard Greenwich Insurance Company Chicago, IL 60604 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect t the business operations hereinafter described, for the types of insurance and in accordance with the provisions o the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are note below. $1,000,000 Each Claim $1,000,000 Aggregate $25,000 Retention Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirt (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIV Rev'd 2/10/03 - Professional Liability Cerlificate.doc Typed Name: Barbara Fritz Tide: Service Associate THE POLICIES OF INSURANCE LISTED ANY REOUIREMENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS NOTWITHSTANDING BE ISSUED OR OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED OF SUCH MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF NSURANCE POLICY NUMBER EFFECTIVE DATE P YIMWDOWD EXPIRATION POLICY MIANOPITI STS A GENERAL LIABILITY 1077863675 08/01/02 08/01/03 EACHGCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY RRE DAMAGE (My a,Bfire) S100,000 1 CLAIMS MADE © OCCUR MED D%P (My one person) 3 3 Q 000 PERSONAL& ADY INJURY $1,000, GENERAL AGGREGATE $2,000, GENT. AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP(OP AGO $1, 000,000 POLICY n J 17l I LOC ]m 4 AUTOMOBILE LIABILITY 1077863644 - TX 08/01/02 08/01/03 COLABINE0 SI NGLE UMn $1,6011,000 X ANN AIR 1077863658 - Master 08/01 /02 08/01 /03 AL_ OWNED AUTOS BODILY INJURY SCHEDULED AUTOS Ter FN../ X HIRED AUTOS BOOBY INJURY $ X NON-OWNED AUTOS (PIP accident) DAMAGE PRCFERIY accident) - - - GARAGETJABILRY - - -. -. Not Applicable - - _ ..-.. -. -- - -_- - _.- - -.- - AVTOONLY £A ACCIDENT $ . ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG C EXCESS LIABILIr•r 1077863689 08/01 /02 08/01 /03 EACH OCCURRENCE $3,000,000 OCCUR ■ CLAIMS MADE AGGREGATE s3,000,000 DEDUCTIBLE 5 RETENTION $ S C WORKERS COMPENSATION AND WC177863661 08/01 /02 08/01/03 � X RfRiY1lM I I° w EMPLOYERS LIABILITY E L EACH ACCIDENT 8500,000 E.L DISEASE -EA EMPLOYEE s500,000 E L DISFARF - POLICY UMIT $500,000 D OTHER Professional PEC000984101 08/01 /02 08/01 /03 $1,000,000 Each Claim & Pollution Llab. 51,000,000 Aggregate $25,000 Retention DESCBIPTON OF OPFRATIO MI OCATIONSNENICLEStEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Round Rock Is named as Additional Insured on the General Liability but solely as respects work being performed and/or supervised by the Named Insured In connection with the following Project: City of Round Rock (See Attached Descriptions) ACORD.. CERTIFICATE OF LIABILITY INSURANC 3118103 ' PRODUCER Mack and Parker, Inc. - 55 E. Jackson Blvd. Chicago, IL 60604 (Barbara Fritz 312 - 279 - 4618) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED R J N Group, Inc. 200 W. Front Street Wheaton, IL 60187 I Attn: Ms. Katrina Genore INSURER A Transcontinental Insurance Company INSURER B. Continental Casualty Company INSURER c: Transportation Insurance Co. INSURER D: Greenwich Insurance Company INSURER E I City of Round Rock Attn: City Manager 221 East Main Street Round Rock, TX 78664 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D —DAYS WRITTEN NOTICETOTHE CERTIICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TODOSO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF AN8 KIND UPON THE INSURERJTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1M p.Ii" -1,. ? ii -- -- ACORD 25 -S (7/97)1 of 3 4S81534/M72506 ROUP BAF 0 ACORD CORPORATION 1968 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25$(7/97)2 of 3 #S81534/M72506 tied from P Wastewater Collection System Rehabilition Basis CC36 -Z and f3C31 -Z AMS 25.3 (07157)3 of 3 ltS815341M72506 Basins to be rehabilitated during the 2002 -2003 Wastewater Collection System Rehabilitation Project Approx 2000 linear feet of 18" wastewater line to be replaced in Basin LC09 -Z E Not to Scale CITY OF ROUND ROCK WASTEWATER COLLECTION SYSTEM REHABILITATION PROGRAM ROUND ROCK TD AS NAME 111.55101/ PROSPRItt MP AR110. 0X CKX0YIMIIfWEIMSFAIa9pwHNrtvMIIIMU MVIRIMOILRX7IOX MR MINA DATE: April 18, 2003 SUBJECT: City Council Meeting — April 24, 2003 ITEM: *14.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Engineering Services with RJN Group, Inc for the 2002-2003 Wastewater Collection System Rehabilitation Project — Basins 0031 -Z and CC36 -Z Resource: Tom Clark, Director of Utilities Don Rundell, Chief Utility Engineer Michael Thane, Public Works Engineer History: In August 2002, RJN Group, Inc. was retained by the City to conduct an Inflow & Infiltration (I &I) Evaluation Study of Basins 0C31 -Z and CC36 -Z. The scope of services included manhole inspection; smoke testing, and internal television inspection. At the completion of the evaluation study in January 2003, a recommended plan to reduce 1 &I during a 5 -year storm event and to reduce maintenance repairs in the two basins was prepared by RJN. The purpose of this contract is to develop construction plans to repair the deficiencies found during the Evaluation Study. The schedule of repairs includes one line replacement, 56 -point repairs, and repair of 150 manholes in basins 0C31- Z and CC36 -Z and the replacement of approximately 2,000 linear feet of 18 -inch wastewater line in Basin LC09 -Z that was identified under a previous study. Approximately 65,782 gallons per day of infiltration and inflow will be eliminated with the completion of the project. The estimated construction cost is $881,050.00. Funding: Cost: $124,267 Source of funds: Capital Project Funds (Wastewater Utility) Outside Resources: RJN Group, Inc. Impact/Benefit: Repairing these defects will reduce the I &I entering the system, thereby reducing the City's treatment cost to the LCRA and the Brazos River Authority (BRA) regional treatment plant. Most importantly we are required under TCEQ - Edwards Aquifer Rules to inspect and test all wastewater collection systems, which will protect the City's well water supply. However, it should be noted that the City would need to dedicate finances annually to comply with current laws. Public Comment: N/A Sponsor: N/A ,...l rillfr..-"— ROUND ROCK, TEXAS PURPOSE PA610R PROSPFRM THE STATE OF TEXAS COUNTY OF WILLIAMSON 1e- 03 -04 -4 j CITY OF ROUND ROCK AGREEMENT FOR ENGINEERING SERVICES WITH RJN Group, Inc. FOR 2002 -2003 Wastewater Collection System Rehabilitation Project Basins 0C31 -Z and CC36 -Z NOW, THEREFORE, WITNESSETH: THIS AGREEMENT FOR ENGINEERING SERVICES ( "Agreement ") is made and entered into on this the a 4 day of the month of f i} pR. , 200 3 , 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. Agreement for Engineering Serv- RIN -cc36z&oc31z.doc RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; 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: 1 Rev.4 /1/03 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. 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 May 2004, unless extended by written Supplemental Agreement executed by Engineer and City prior to the date of tenmination, 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 2 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 Perfonned by Engineer" until authorized in writing by City to proceed as provided in Article 7 entitled "Notice to Proceed." 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 One hundred twentv -four thousand two hundred sixty -seven dollars ($124,267.00) 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 3 Rev. 4/1/03 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. 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." 4 Rev. 4/1 /03 Mr. Don Rundell, Chief Engineer 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number: (512) 218 -5554 Fax Number: (512) 218 -5563 Email Address: drundell(a,round- rock.tx_us ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Agreement is as follows: 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, Regional Vice President 12160 Abrams Road, Suite 206 Dallas Texas 75243 Telephone Number: (972) 437 -4300 Fax Number: (972) 437 -2707 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 5 Rev. 4/1/03 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 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" 6 Rev. 4/1/03 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." 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, 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. 7 Rev. 4/1/03 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, 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, m 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. 8 Rev. 4/1/03 (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-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 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. 9 Rev. 4/1/03 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. 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. 10 Rev. 4/1/03 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 m 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). 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: 1. Each policy shall require that thirty (30) days prior to the expiration, cancellation, non - renewal or any change in the limit or scope of 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 are the sole responsibility of and at the sole 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 and employees 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. 11 Rev. 4/1/03 (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit F herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 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. 12 Rev. 4/1/03 ARTICLE 32 NOTICES 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: 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 KIN 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 13 Rev. 4/1 /03 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. 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 corpor_at7 name bv�x$ its Mayor, duly authorized to execute the same on its / behalf by Resolution No. RO a4� )4EI , approved by the City Council on the ay day of the month of Ape' L , 200,3 , 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: May ATTEST: ENGINEER: By: 1 /' Signs of Principal Printed Name: Hugh M. Kelso ARTICLE 34 SIGNATORY WARRANTY 14 Rev. 4/1/03 LIST OF EXHIBITS ATTACHED (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" 15 Rev. 4/1/03 Exhibit A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK City of Round Rock Wastewater Collection System Rehabilitation Basins CC36 -Z and 0C31 -Z 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 design and construction standards to include standards for manhole construction, 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 design or construction of 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. Secure easements (using documents prepared by Engineer) as required for construction of the project. A -1 Exhibit B SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER CITY OF ROUND ROCK Basins CC36 -Z AND 0C31 -Z Wastewater Collection System Rehabilitation This scope includes the final design, bidding assistance, and construction administration assistance for rehabilitation of the wastewater collection system in CC36 -Z and 0C31 -Z. The estimated schedule of repairs includes 150 manholes, 56 point repairs, 1 line replacement, and 2,000 linear feet of 18 -inch diameter sewer replacement for an estimated construction cost of $881,050. A description of the rehabilitation is shown on Table B -1 following this Attachment. Engineering Design. Bidding Assistance and Construction Engineering Assistance Item I. Basic Services A. Project Administration and Management 1. Perform project initiation activities. 2. Perfonn general administration and project management including meetings with City staff as necessary. 3. Procure subcontractors for such work as topographic surveying and easement document preparation. 4. Obtain right of entry agreements from property owners with wastewater lines requiring replacement located in easements in their rear yards. Right - of -entry agreements will be available in both English and Spanish. B. Preliminary Plan Sheets 1. Coordinate with utility companies to have existing utilities located both on the ground and on the design sheets. 2. Perform as -built and right -of -way research for each site. 3. Review the data base provided by the surveyor to ensure standards are met and perform any clean-up that may be required. 4. Prepare preliminary plan sheets for all lines that require point repairs and plan and profile sheets for lines that require replacement. Walk each point repair and replacement to verify all visible improvements were located and are shown on the drawings. B -1 5. Submit preliminary design plans to the City for review. Meet with the City to review the preliminary submittal. C. Final Plans, Specifications, and Estimates 1. Prepare final design plans based on the review of the City and discussions with the Engineer. Item II. Special Services 2. Review selective computer output reports from the Manhole Inspection Program to determine VI sources to be rehabilitated. 3. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, sealing techniques, manhole interior repairs, and/or manhole replacement. 4. Using ENGINEER's basic specifications, prepare project specifications which shall include but not be limited to: (1) bidding documents, (2) contractual documents, (3) conditions of the contract, (4) standard project forms, (5) technical specifications, (6) Schedule of Manhole Rehabilitation, (7) Location Map and (8) General Details. 5. Prepare ENGINEER's Opinion of Probable Construction Cost. 6. Submit three (3) copies of the draft specifications to the City for review. 7. Perform final changes to the specifications based on City review. 8. Submit three (3) hard copies and an electronic copy (MicroStation) of the final contract documents to the City. A. Contract Services For the purpose of the cost proposal, it is anticipated that one (1) construction contract will be bid. The contract bid shall include manhole rehabilitation and sewer line repairs. 1. Assist the City in advertising, obtaining, and evaluating Bid Proposals for the construction contract and awarding thereof. Provide assistance to the City in responding to bidder inquiries during advertisement of the construction contract, and participate in project pre -bid conference. Provide and distribute bidding documents and addendum. Non - refunded bid deposits shall remain the property of the ENGINEER for administrative, printing, and handling cost. B -2 2. Assist the City in reviewing the bids for completeness and accuracy. Develop bid tabulations and submit a written recommendation of contract award to the City along with three (3) copies of the bid tabulations. 3. Consult with and advise the City on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. 4. Provide the successful bidder(s) with five (5) sets of the contract specifications for execution and the insertion of the required insurance certificates. Provide the successful bidder(s) with five (5) sets of the contract documents for construction purposes. 5. Assist the City in conducting a pre - construction conference with the Contractors by notifying utilities, governmental agencies, and other interested parties, and answer questions at the conference. 6. Review shop drawings, scheduling, test results, and other submittals that the Contractor is required to submit. 7. Provide 6 site visits for observation for sewer and manhole rehabilitation construction for general conformance to the contract drawings and contract specifications. Times of observation will be coordinated with the City. 8. Review and prepare any change orders proposed by the Contractor and provide recommendations to the City. 9. Provide the City with two (2) sets of black line prints and an electronic copy (MicroStation) of the record drawings. City will provide mark -ups for producing the record drawings. B. Additional Services 1. Conduct horizontal and vertical control survey necessary for design of the project. 2. Provide the City with the technical information for location of the easements, if any, required for construction of the project. Information will include width and general location of the easements, and distances from the property lines. Property line information shall be obtained from existing maps provided by the City to the ENGINEER. After approval by the City, the ENGINEER will prepare and issue legal description of B -3 easements. The City will secure easements as necessary. Seven easements are included. 3. Communicate with Texas Commission on Environmental Quality (TCEQ) in accordance with the Edwards Aquifer Rules to include preparing a clarification request exempting the City of Round Rock from preparing a recharge/ transition zone plan and permit for wastewater collection system rehabilitation construction. Any fees required by the TCEQ will be the responsibility of the City. If determined by the TCEQ that a plan and permit are required, the ENGINEER and any special services, such as geotechnical, required to complete the plan and permit will be compensated at the rate schedule attached and at a negotiated fee for special services. 4. Design the wastewater collections system improvements to meet the requirements found in 30 TAC Chapter 317, "Design Criteria for Sewerage Systems" and the requirements set forth in the Edwards Aquifer Rule (RG- 349) Section 3.3.1.2.1. 5. Prepare a Storm Water Pollution Prevention Plan in accordance with EPA's NPDES requirements for construction activities. One plan will be developed for the project as a whole and not for specific work locations. The plan will be based upon guidelines set forth by the TCEQ. 6. BIN will incorporate construction methods and environmental requirements associated with wetlands delineated in the construction area or along the access route to the construction area. It is assumed that wetlands delineation as well as 404 or other permitting requirements will be prepared by others. B -4 ne Segment Table B -1 RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/I Removed Construction Length (gPd) Cost (in) (11) Station Inflow' Infiltration ($) POINT REPAIRS Basin CC36 -Z (CC36 -Z)001 - (CC32 -Z)001 42 496 0+11 to 0+21 0 796 12,500 0+76 to 0+86'' 0 796 12,500 1 +33 to 1+43 0 796 12,500 2 +69 to 2 +79 0 796 12,500 4 +03 to 4 +13 0 687 12,500 (CC36 -Z)002 - (CC36 -Z)001 42 221 0+15 to 0+40 0 814 12,500 1 +23 to 1 +28 0 814 12,500 1 +50 to 1 +75 0 814 12,500 2 +00 to 2 +15'' 0 814 12,500 (CC36 -Z)003 - (CC36 -Z)002 36 73 0+09 to 0+19 0 684 10,000 (CC36 -Z)005 - (CC36 -Z)003 36 445 3 +57 to 3 +67 0 567 10,000 3 +80 to 3 +90 0 568 10,000 (CC36 -Z)006 - (CC36 -Z)005 36 495 0+83 to 0+93''' 0 567 10,000 2 +13 to 2 +23 0 568 10 000 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc.) 2/ Based on a 5year /60- minute storm. 3/ Measuredfrom upstream manhole. 4/ Measuredfrom downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Line Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/I Removed Construction Length (gp( Cost (in) (It) Station Inflow Infiltration ($) Basin CC36 -Z (Cont.) (CC36 -Z)009 - (CC36 -Z)007 36 654 0+08 to 0+13 0 452 10,000 2 +65 to 2 +70 0 684 10,000 3 +25 to 3+45'' -t 0 547 10,500 (CC36 -Z)011 - (CC36 -Z)009 36 648 1+95 to 2 +00' 0 411 10,000 2 +20 to 2 +25 0 410 10,000 (CC36 -Z)012 - (CC36 -Z)011 36 464 2+67 to 2 +72 0 410 10,000 (CC36 -Z)013 - (CC36 -Z)012 36 558 0+25 to 0+30 0 912 10,000 3 +59 to 3+63 0 912 10,000 4 +77 to 4 +82 0 912 10,000 (CC36 -Z)015 - (CC36 -Z)014 36 732 0+15 to 0+40 0 8,290 10,000 (CC36 -Z)037 - (CC36 -Z)036 36 503 0+12 to 0+22 0 6,840 8,000 2 +94 to 2 +99 0 547 8,000 (CC36 -Z)039 - (CC36 -Z)038 36 408 1 +92 to 1 +98 0 410 7,000 2 +12 to 2 +17 0 411 7,000 I/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc) 2/ Based on a 5- year /60- minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. ine Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/1 Removed Construction Length (gpd) Cost (in) (It) Station Inflow Infiltration ($) Basin CC36 -Z (Cont.) (CC36 -Z)040 - (CC36 -Z)039 36 491 2 +74 to 2 +79 0 410 7,000 (CC36 -Z)041 - (CC36 -Z)040 36 483 1 +74 to 1 +79 0 410 7,000 (CC36- Z)049A - (CC36 -Z)049 10 280 2 +71 0 1,368 4,000 (CC36 -Z)058 - (CC36 -Z)051 10 166 0 +29 to 0+39 0 780 4,000 (CC36 -Z)059 - (CC36 -Z)058 10 226 2 +21 to 2 +26 0 684 4,000 (CC36 -Z)077 - (CC36 -Z)076 8 351 0 +28 to 0+38 0 684 4,000 (CC36 -Z)079 - (CC36 -Z)078 8 608 3 +65 to 3 +75 0 1,211 3,500 4 +55 to 4 +65 0 1,210 3,500 (CC36 -Z)090 - (CC36 -Z)083 18 246 2 +36 to 2+46' 0 137 8,000 (CC36 -Z)095 - (CC36 -Z)094 18 325 0+36 to 0+46 0 684 8,000 (CC36 -Z)100 - (CC36 -Z)095 18 351 0+25 to 0+35 0 10,944 8,000 (CC36 -Z)109 - (CC36 -Z)108 18 427 2 +80 to 2 +90 414 0 684 8,000 Subtotal 9,651 0 51,435 361,500 !/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc.) 2/ Based on a 5-year/60-minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy c leaning. 7/ Recommended for capacity analysis. Line Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/1 Removed Construction Length (gpd) Cost (in) (1f) Station Inflow"' Infiltration (8) Basin OC31 -Z (OC31 -Z)010 - (OC31- Z)001A 24 472 2+07 to 2+17'' 0 684 6,000 (OC3l -2)014 - (OC31 -Z)013 10 339 1 +14 to 2 +76' 0 1,368 17,820 (OC31 -Z)019 - (OC31 -Z)013 24 357 0+50 to 0+55j 0 274 6,000 1 +12 to 1 +17 0 274 6,000 1 +65 to 1 +70}1 0 273 6,000 2 +09 to 2 +14 0 273 6,000 (OC31 -Z)022 - (OC31 -Z)021 24 527 0 +33 to 0+43 0 378 6,000 1 +03 to 1 +13 0 378 6,000 1 +60 to 2 +0e 0 379 6,000 (OC31 -Z)027 - (OC31- Z)026A 24 426 0 +23 to 0 +33 0 821 6,000 2 +25 to 2 +35 0 821 6,000 (OC31 -Z)033 - (OC31 -Z)032 24 397 0+23 to 0+33' 0 684 7,000 (OC31 -Z)034 - (OC31 -Z)033 24 462 2 +13 to 2 +23 - 0 410 7,000 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc) 2/ Based on a 5-year/60-minute storm. 3/ Measured from upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. 1 ine Segment Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/I Removed Construction Length (gPd) Cost (in) Of) Station Inflow' Infiltration ($) asin 0C31 -Z (Cont.) (0C31 -Z)036 - (0C31 -Z)035 24 625 3+99 to 4 +34 -nt 0 1,368 7,000 (0C31 -Z)041 - (0C31 -Z)040 24 402 1+04 to 1 +14' 0 684 6,000 (0C31- Z)050E - (0C31- Z)050D 8 431 0+50 to 0+60Y 4 320 958 4 000 Subtotal 4.438 4.320 10.027 14.8 211 Total Point Repairs 14,089 4,320 61,462 470,320 SEWER REPLACEMENTS Basin CC36 -Z (CC36 -Z)110 - (CC36 -Z)109 8 240 N/A 0 0 24000 Subtotal 240 0 0 24,000 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc) 2/ Based on a 5year /60- minute storm, 3/ Measuredfom upstream manhole. 4/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Table B -1 (Cont.) RECOMMENDED IMPROVEMENTS BASED ON TV INSPECTION Estimated Diameter Segment I/1 Removed Construction Length (bpd) Cost Line Segment (in) (10 Station Inflow Infiltration (S) Basin LC09 -Z (LC09 -Z)002 (LC09 -Z)003 18 122 N/A 0 0 17,690 (LC09 -Z)003 (LC09 -Z)004 18 479 N/A 0 0 69,455 (LC09 -Z)004 (LC09 -Z)005 18 94 N/A 0 0 13,630 (LC09 -Z)005 (LC09 -Z)006 18 522 N/A 0 0 75,690 (LC09 -Z)006 (LC09 -Z)007 18 414 N/A 0 0 60,030 (LC09 -Z)007 (LC09 -Z)008 18 341 N/A 0 0 49,445 (LC09 -Z)008 (LC09 -Z)009 36 25 NA 0 0 3.625 Subtotal 1297 0 0 == Total Replacements 2,237 0 0 313,565 Grand Total 2,237 4,320 61,462 783,885 1/ Alternate repair method to be evaluated in the final design (ie. Chemical grouting, point repair by lining, etc.) 2/ Based on a 5- year /60-minute storm. 3/ Measured from upstream manhole. 9/ Measured from downstream manhole. 5/ Located at service connection. 6/ Also recommended for heavy cleaning. 7/ Recommended for capacity analysis. Exhibit C AUTHORIZATION PROGRESS AND COMPLETION The City and ENGINEER agree that the project is planned for completion according to the schedule below with anticipated Notice to Proceed in April 2003. Major Tasks Completion Date Draft Plans /Specifications July 2003 Final Plans /Specifications September 2003 Bidding and Award November 2003 Construction Completion March 2004 A more detailed schedule is shown on C -2. The ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the ENGINEER may modify the project schedule during the course of the project and if such modifications affect the ENGINEER's compensation, it shall be modified accordingly, subject to City approval. 4/9/2003 C -1 Exhibit D FEE SCHEDULE City of Round Rock Wastewater Collection System Rehabilitation Basins CC36 -Z and 0C31 -Z Task Description Unit Basic Services Unit Costs Cost ($) ($) Project Administration/Management 1 LS 7,500 7,500 Wastewater Line Design (pt. repairs /replacement) 1 LS 42,675 42,675 Manhole Rehabilitation Design 1 LS 7,864 7.864 Total Basic Services 58,039 Special Services Contract Services 1 LS 14,558 14,558 Other Services Survey 1 LS 26,202 33,770 Easement 7 EA 1,200 8,400 TCEQ Requirements (In accordance with Scope Item II.B.2) 1 LS 2,100 2,100 Permits (2 EA) 2 EA 1,200 2,400 Wetland Issues 1 LS 2,000 2,000 SWP 1 LS 3,000 3.000 Subtotal Special Services _6,228 Total Cost Not -to- Exceed 124,267 Personnel rates are Project Director ($145/hr), Project Manager /Senior Engineer ($113/hr), Project Engineer ($90/hr), Draftsperson ($65/hr), Field Manager ($70/hr), Office /Clerical ($48/hr). 1/ Does not include 404 permits. Includes site visit and recommendation to minimize impact to Wetlands. 4/9/2003 D - Description Number of Defects /Repairs Estimated Construction Cost Estimated Capital Cost Manhole Defects 233 (150 manholes) $ 96,730.00 $ 125,749.00 Line replacement 2,240 If $ 314,000.00 $ 408,200.00 Point Repairs 52 $ 470,320.00 $ 611,416.00 TOTAL $ 881,050.00 $ 1,145,365.00 Table 1 - Schedule of Repairs CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODUCER COMPANIES AFFORDING COVERAGE Mack and Parker, Inc. 55 E. Jackson Boulevard Chicago, IL 60604 INSURED RJN Group, Inc. 200 West Front Street Wheaton, IL 60187 CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LTR NUMBER DATE DATE A PROFESSIONAL LIABILITY PEC000984101 8/01/02 8/01/03 DESCRIPTION OF SPECIAL ITEMS /EXCEPTIONS Project: 2002 -2003 Wastewater Collection System Rehabilitation Project Basins 0C31 -Z and CC36 -Z CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 attn: Christine Martinez, City Secretary Date: A Greenwich Insurance Company B C D April 7, 2003 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect t the business operations hereinafter described, for the types of insurance and in accordance with the provisions o the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are note below. LIMITS $1,000,000 Each Claim $1,000,000 Aggregate $25,000 Retention Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirt (30) days written notice to the certificate holder named below. SIGNATURE OF AUTHORIZED REPRESENTATIV THE POUCIES OF INSURANCE LISTED ANY REOUIREMENT. TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES AGGREGATE LIMITS SHOWN PRODUCER Mack and Parker, Inc. - 55 E. Jackson Blvd. Chicago, IL 60604 (Barbara Fritz 312 - 279 - 4618) INSURED NAMED ABOVE FOR THE POLICY DOCUMENT WITH RESPECT TO WHICH HEREIN IS SUBJECT TO ALL THE TERMS, PERIOD INDICATED. NOTWITHSTANDING MAY 6E ISSUED OR OF SUCH BELOW HAVE BEEN ISSUED TO THE OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE EXCLUSIONS AND CONDITIONS MSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE RIM/DDIYYI POLICY EXPIRATION DATE IMWDDI TYI LIMITS A GENERAL UABILITY 1077863675 08/01 /02 08/01/03 EACH OCCURRENCE $1 000 000 X COM MERCIAL GENERAL LIABILITY FIRE DAMAGE (My one fire) $100,000 CLAIMS MADE © OCCUR MED EXP (My one person) $10,000 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE 52,000,000 G AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 51,000,000 J1 1 FOUCY n FcT J PL L I LOC ]m.1 AUTOMOBILE X LIABILITY ANY AUTO 1077863644 - TX 1077863658 - Master 08/11/02 01/01/02 08/01 /03 08/01/03 COMBINED SINGLE OMIT )Ee anniae.A ) $1,000,000 _ ALL OWNED AUTOS BODILY NARY SCHEDULED AUTOS (Per person) _ X HIRED AUTOS BODILY INJURY E X NON -OWNED AUTOS (Per accident) PROPERTY P D AMAGE $ GARAGE LMBIUTY Not Applicable AUTO ONLY - EA ACCIDENT $ I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG 5 C EXCESS UABILRY 1077863689 08/01/02 08/01/03 EACH OCCURRENCE s3,000,000 j OCCUR n CLAIMS MADE AGGREGATE $3,000,000 DEDUCTIBLE $ _ RETENTION $ $ C WORKERS COMPENSATION AND WC177863661 08/01 /02 08/01 /03 I X ITORYfIMRR 1 ITN' EMPLOYERS' LIABILITY E,L. EACH ACCIDENT $500,000 E. L DISEASE- EA EMPLOYEE s500,000 E.L. DISEASE - POLICY LIMIT $500,000 D OTHER Professional PEC000984101 08/01 /02 08/01 /03 51,000,000 Each Claim & Pollution Llab. 51,000,000 Aggregate 525,000 Retention DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED 51 ENDORSEMENT/SPECIAL PROVISIONS The City of Round Rock is named as Additional Insured on the General Liability but solely as respects work being performed and/or supervised by the Named Insured in connection with the following Project: City of Round Rock (See Attached Descriptions) ACQRDIO CERTIFICATE OF LIABILITY INSURANCE 3/18/03 °°/Y"' PRODUCER Mack and Parker, Inc. - 55 E. Jackson Blvd. Chicago, IL 60604 (Barbara Fritz 312 - 279 - 4618) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE INSURED R J N Group, Inc. 200 W. Front Street Wheaton, IL 60187 Attn: Ms. Katrina Genore INSURER A Transcontinental Insurance Company INSURER e: Continental Casualty Company INSURER c: Transportation Insurance Co. INSURER D Greenwich Insurance Company INSURER E: • CERTIFICATE HOLDER City of Round Rock Attn: City Manager 221 East Main Street Round Rock, TX 78664 ADDRIONALtl1SURED;INSURER LETTER: ACORD 25 - (7197)1 of 3 #S81534/M72506 CANCELLATION AUTHORIZED REPRESENTATIVE NGRO SHOULD ANYOFTH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 — DAYS WRITTEN NOTICE TO THE CERTIFICATE H OLD ER NAM ED TOTHE LEFT, BUT FAILURE TO DOSO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INS/ RE FLITS AGENTS OR REPRESENTATIVES. )1 otii ? f1- u'YQ,,t -i-- BAF O /CORD CORPORATION 1968 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ff SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD25- S(7/97)2 of 3 #S81534/M72506