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R-98-11-24-14C2 - 11/24/1998RESOLUTION NO. R- 98- 11- 24 -14C2 WHEREAS, the City of Round Rock desires to retain engineering services for several wastewater pipeline rehabilitation projects, and WHEREAS,Associated Consulting Engineers, Inc. has submitted an agreement to provide said services, and WHEREAS, the City Council desires to enter into said agreement with Associated Consulting Engineers, 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 with Associated Consulting Engineers, Inc., for several wastewater pipeline rehabilitation projects, a copy of said agreement being attached hereto and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 24th day of Novembe /, 1998. LAND, City Secretary K: \WPDOCS \RBSOLUTI \ &81124C2. WPO /scg CHARLES CtJLPF PER, Mayor City of Round Rock, Texas • STATE OF TEXAS COUNTY OF WTI,T.IAMSON THIS CONTRACT FOR ENGINEERING SERVICES ( "Contract ") is made by and between the City of Round Rock, 221 E. Main St., Round Rock, Texas 78664, hereinafter called " "City" and "Associated Consulting Engineers, Inc. ", having its principal business address at 901 South MOPAC Expy, Bldg. Two, Suite 165, Austin, Texas 78746, hereinafter called "Engineer" for the purpose of contracting for engineering services. WITNESSETH WHEREAS, Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act" provides for the procurement of professional services of engineers; and WHEREAS, Resolution No. establishes the City's policies and procedures for contracting for engineering services; and WHEREAS, the City desires to contract for engineering services described as follows: This project will provide for the evaluation of problems with the existing wastewater collection system. The scope of services will be to conduct a preliminary phase investigation of the identified problems to evaluate and select alternatives. AGREEMENT Contract No. NOW, THEREFORE, the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows: ARTICLE 1 SCOPE OF SERVICES TO BE PROVIDED BY City The City will furnish items and perform those services for fulfillment of the Contract as identified in Attachment A - Services to be Provided by the City, attached hereto and made a part of this Contract. Pane 31. of 13 ,fL97 -11- /yc, ARTICLE 2 SCOPE OF SERVICES TO BE PROVIDED BY ENGINEER The Engineer shall perform those engineering services for fulfillment of the Contract as identified in Attachment B - Services to be Provided by the Engineer, attached hereto and made a part of this Contract. The Engineer hall prepare a schedule of work identified as Attachment C - Work Schedule, attached hereto and made a part of this Contract. The Work Schedule shall contain a complete schedule so that the Engineer's Scope of Services under this Contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement if requested by a timely written request from the Engineer and approved by the City. After execution of this Contract, the Engineer shall not proceed with the work outlined under Article 2 until authorized in writing by the City to proceed as provided in Article 6. This Contract shall terminate at the close of business on March 30, 1999 unless extended by written supplemental agreement duly executed by the Engineer and the City prior to the date of termination, as provided in Article 11 - Supplemental Agreements, or otherwise terminated as provided in Article 19 - Termination. Any work performed or cost incurred after the date of termination shall be ineligible for reimbursement. The Engineer shall notify the City in writing as soon as possible if it determines, or reasonably anticipates, that the work under this Contract cannot be completed before the termination date, and the City may, at its sole discretion, extend the contract period by timely supplemental agreement as provided in Article 11 - Supplemental Agreements. The Engineer shall allow adequate time for review and approval of the request for time extension by the City prior to expiration of this Contract. engconirc.wpJ/spectw ARTICLE 3 CONTRACT PERIOD ARTICLE 4 COMPENSATION The City shall pay and the Engineer agrees to accept the lump sum amount shown below as full compensation for the engineering services to be performed under this Contract. The lump sum amount payable under this Contract without modification of the Contract is $19,790.00 as shown in Attachment D - Fee Schedule. The lump sum amount payable may be revised by supplemental agreement in the event of a change in scope, additional complexity from that originally anticipated or character of work as authorized by the City. Pane 2 of 13 The Engineer shall prepare and submit to the City monthly progress reports in sufficient detail to support the progress of the work and in support of invoice requesting monthly payment. Any preferred format will be identified in Attachment B. Satisfactory progress of work shall be maintained as a condition of payment. The fee may be adjusted if additional work is approved by supplemental agreement and performed by the Engineer. ARTICLE 5 METHOD OF PAYMENT Payments to the Engineer for services rendered will be made while work is in progress. The Engineer will prepare and submit to the City, no more frequently than once per month, a progress report stating the percent completion of the work accomplished during the billing period and to date, and one original and one copy of a certified invoice in a form acceptable to the City). The submittal shall also include the progress assessment report, identified as Attachment H -2. Payment of the lump sum fee will be in proportion to the percent completion of the work tasks identified in Attachment D - Fee Schedule. Upon receipt and approval of each statement, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. The City shall reserve the right to withhold payment pending verification of satisfactory work performed. The Engineer must submit adequate proof to the City that the task was completed. The certified statements shall show the total amount eamed to the date of submission and the amount due and payable as of the date of the current statement. Final payment does not relieve the Engineer of the responsibility of correcting any errors and/or omissions resulting from its negligence. ARTICLE 6 NOTICE TO PROCEED The City will issue a written authorization to proceed with the work identified in the scope of services. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not included in Attachment B - Services to be Provided by the Engineer. The Engineer shall, from time to time during the progress of the work, confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by the City, in order to evaluate features of the work. engconmrc.wpd/spectw ARTICLE 7 PROGRESS At the request of the City or the Engineer, conferences shall be provided at the Engineer's Paoe3of13 office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City. Should the City determine that the progress in production of work does not satisfy the Work Schedule, the City shall review the work Schedule with the Engineer to determine corrective action needed. The Engineer shall promptly advise the City in writing of events which have a significant impact upon the progress of the work, including: (1) problems, delays, adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken, or contemplated, and any City assistance needed to resolve the situation; and (2) favorable developments or events which enable meeting the work schedule goals sooner than anticipated. ARTICLE 8 SUSPENSION Should the City desire to suspend the work, but not terminate the Contract, this may be done by thirty (30) calendar days verbal notification followed by written confirmation from the City to that effect. The thirty day notice may be waived in writing by both parties. The work may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from the City to resume the work. The sixty day notice may be waived in writing by both parties. If the City suspends the work, the contract period as determined in Article 3 is not affected and the Contract will terminate on the date specified unless the Contract is amended. The City assumes no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or subsequent to the contract completion date. If the Engineer is of the opinion that any work it has been directed to perform is beyond the scope of this Contract and constitutes extra work, it shall promptly notify the City in writing. In the event the City finds that such work does constitute extra work and exceeds the maximum amount payable, the City shall so advise the Engineer and a written supplemental agreement will be executed between the parties as provided in Article 11. The Engineer shall not perform any proposed additional work or incur any additional costs prior to the execution, by both parties, of a supplemental agreement. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance of the work authorized m this Contract or as amended. engcontrewpd/spectw ARTICLE 9 ADDITIONAL WORK 3Eba14e 4 of 13 ARTICLE 10 CHANGES IN WORK If the City finds it necessary to request changes to previously satisfactorily completed work or parts thereof which involve changes to the original scope of services or character of work under the Contract, the Engineer shall make such revisions if requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 9 - Additional Work. The Engineer shall make such revisions to the work authorized in this Contract which has been completed as are necessary to correct errors appearing therein, when required to do so by the City. No additional compensation shall be paid for this work. ARTICLE 11 SUPPLEMENTAL AGREEMENTS The terms of this Contract may be modified by supplemental agreement if the City determines that there has been a significant change in (1) the scope, complexity or character of the service to be performed; or (2) the duration of the work. Additional compensation, if appropriate, shall be identified as provided in Article 4. Any supplemental agreement must be executed by both parties within the contract period specified in Article 3 - Contract Period. It is understood and agreed that no claim for extra work done or materials furnished shall be made by the Engineer until full execution of the supplemental agreement and authorization to proceed is granted by the City. The City reserves the right to withhold payment pending verification of satisfactory work performed. All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the tenns of this Contract are the exclusive property of the City and shall be furnished to the City upon request. All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon completion or termination of this Contract. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this Contract. Release of information shall be in conformance with the Texas Open Records Act. engconvc.wpdispectw ARTICLE 12 OWNERSHIP OF DOCUMENTS Paae 5 of 13 ARTICLE 13 PERSONNEL, EQUIPMENT AND MATERIAL The Engineer shall furnish and maintain, at its own expense, quarters for the performance of all services, and adequate and sufficient personnel and equipment to perform. the services as required. All employees of the Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Engineer who, in the opinion of the City, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project when so instructed by the City. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this Contract, or will be able to obtain such personnel from sources other than the City. The Provider may not change the Project Manager without prior consent of the City. ARTICLE 14 SUBCONTRACTING The Engineer shall not assign, subcontract or transfer any portion of the work under this Contract without prior written approval from the City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by the City prior to work being performed under the subcontract. The City and any authorized representatives, shall have the right at all reasonable times to review or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or USDOT representatives in the performance of their duties. engconlrc.wpdispeciw No subcontract relieves the Engineer of any responsibilities under this Contract. ARTICLE 15 EVALUATION OF WORK Pace 6 of 13 engcontrc. wpd/spec[w ARTICLE 16 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before final report is issued. The City's comments on the Engineer's preliminary report will be addressed in the final report. ARTICLE 17 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of Contract terms or breach of contract by the Engineer shall be grounds for termination of the Contract and any increased cost arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer. ARTICLE 18 TERMINATION The Contract may be terminated before the stated termination date by any of the following conditions. (1) By mutual agreement and consent, in writing of both parties. (2) By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By the City for reasons of its own and not subject to the mutual consent of the Engineer upon not less than thirty (30) days written notice to the Engineer. (5) By satisfactory completion of all services and obligations described herein. Should the City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this Contract under (4) of the paragraph identified above, the amount charged during the thirty (30) day notice period shall not exceed the amount charged during the preceding thirty (30) days. If the Engineer defaults in the performance of this Contract or if the City terminates this Contract for fault on the part of the Engineer, the City will give consideration to the actual costs incurred by the Engineer in performing the work to the date of default, the amount of work required which was satisfactorily completed to date of default, the value of the work which is usable to the pane 7 of 13 City, the cost to the City of employing another firm to complete the work required and the time required to do so, and other factors which affect the value to the City of the work performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of the City and the Engineer under this Contract, except the obligations set forth in Article 19 of this Contract. If the termination of this Contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion. In such case, the Engineer shall be liable to the City for any additional cost occasioned the City. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of the procurement made by the Engineer in support of the scope of services under this Contract. The Engineer shall comply with all applicable Federal, State and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith. engcontrc.wpd/spectw ARTICLE 19 COMPLIANCE WITH LAWS ARTICLE 20 INDEMNIFICATION The Engineer shall save harmless the City and its officers and employees from all claims and liability due to activities of itself, its agents, or employees, performed under this Contract and which are caused by or result from error, omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expense, including, but not limited to, attorney fees which may be incurred by the City in litigation or otherwise resisting said claim or liabilities which may be imposed on the City as a result of such activities by the Engineer, its agents, or employees. ARTICLE 21 ENGINEER'S RESPONSIBILITY The Engineer shall be responsible for the accuracy of its work and shall promptly make necessary revisions or corrections resulting from its errors, omissions, or negligent acts without compensation. The Engineer's responsibility for all questions arising from design errors and/or omissions will be determined by the City. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed. Pa of13 ARTICLE 22 ENGINEER'S SEAL The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the Rules of the State Board of Registration for Professional Engineers. ARTICLE 23 NONCOLLUSION The Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer, to solicit or secure this Contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE 24 INSURANCE The Engineer shall furnish the City a properly completed Certificate of Insurance approved by the City prior to beginning work under this Contract and shall maintain such insurance through the contract period. The completed Certificate of Insurance shall be attached hereto and identified as Attachment G. ARTICLE 25 INSPECTION OF ENGINEER'S BOOKS AND RECORDS AND AUDIT REQUIREMENTS The City shall have the exclusive right to examine the books and records of the Engineer for the purpose of checking the amount of work performed by the Engineer at the time of contract termination. The Engineer shall maintain all books, documents, papers, accounting records and other evidence pertaining to cost incurred and shall make such materials available at its office during the contract period and for four (4) years from the date of final payment under this Contract or until pending litigation has been completely and fully resolved, whichever occurs last. The City or any of its duly authorized representatives, shall have access to any and all books, documents, papers and records of the Engineer which are directly pertinent to this Contract for the purpose of making audits, examinations, excerpts and transcriptions. engcontrc.wpdispectw Pa .xe 9 of 13 ARTICLE 26 DEBARMENT, SUSPENSION AND DISCIPLINARY ACTION The Engineer warrants that the representations included in the Debarment Certification (Negotiated Contracts) submitted with the offer to provide services are current and still valid. ARTICLE 27 COPYRIGHTS The City shall have the royalty free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use any reports developed by the Engineer for govenunental purposes. ARTICLE 28 COMPUTER GRAPHICS FILES The Engineer agrees to comply with the Special Provision "Computer Graphics Files for Document and Information Exchange," if determined by the City to be applicable to this Contract and if so stated in Attachment B and attached hereto. ARTICLE 29 SUCCESSORS AND ASSIGNS The Engineer, and the City, do hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators, and assigns of such other party in respect to all covenants of this Contract. The Engineer shall not assign, subcontract or transfer its interest in this Contract without the prior written consent of the City. ARTICLE 30 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. engcontrc.wpd/spectw ' e10of13 ARTICLE 31 PRIOR CONTRACT SUPERSEDED This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective address: engco.c.wpd/spectw Stephan L. Sheets City Attomey 309 E. Main St. Round Rock, Texas 78664 ARTICLE 32 NOTICES City of Round Rock Engineer Attn.: City Manager Attn.: Mr. Ray Shull, P.E., President 221 E. Main St. Associated Consulting Engineers, Inc. Round Rock, TX 78664 901 S. MOPAC Expy, Bldg 2, # 165 Austin, TX 78746 with copy to: Pace 11 of 1a The undersigned signatory or signatories for the Engineer hereby represent and warrant that the signatory is an officer of the organization for which he or she has executed this Contract and that he or she has full and complete authority to enter into this Contract on behalf of the firm. The above - stated representations and warranties are made for the purpose of inducing the City to enter into this Contract. 1N WITNESS HEREOF, the City and the Engineer have executed these presents in duplicate. THE ENGINEER Si ature Ray L. Shull, P.E. Printed Name President Title N. V 0 1 ? Date By: engeonve.wpd sactw LIST OF ATTACHMENTS ARTICLE 33 SIGNATORY WARRANTY Attachment A - Services to be Provided by the City Attachment B - Services to be Provided by the Engineer Attachment C - Work Schedule, if applicable Attachment D - Fee Schedule Attachment E - Work Authorizations, if applicable Attachment F - Supplemental Work Authorizations, if applicable Attachment G - Certificate of Insurance, if applicable Paine 12 of 10 The City of Round Rock will furnish to the Engineer the following items/information: Relevant information pertaining to the project in the possession of the City of Round Rock. engcontrc.wpd/spectw ATTACHMENT A fit RVTCFS TO RR PROVTT)PT) RV TAR CITY OF ROTTNI) ROCK PROJECT DESCRIPTION This project will provide for the evaluation of problems with the existing wastewater collection system. The scope of services will be to conduct a preliminary phase investigation of the identified problems to evaluate and select alternatives for the rehabilitation of certain portions of the system. Identified areas of the existing wastewater collection system that will be addressed are as follows: • Stone Street to Georgetown Street • Lake Creek at Burnet Avenue • Florence Street at Blair Street • F.M. 620 at Lake Creek Shopping Center • Fannin Avenue to Milam Avenue • Bellview Lane to Christopher Avenue • Zephyr Lane to Gattis School Road PRELIMINARY PHASE SERVICES ATTACHMENT B SERVICES TO BE PROVIDED BY THE ENGINEER SCOPE Associated Consulting Engineers, Inc. will provide the following services: 1. Attend an initial coordination meeting with City personnel to establish lines of communication, agree on documentation procedures, transfer available information, develop procedures for submitting information, and discuss overall priorities for the work. 2. Review videotapes and reports provided by the City. Conduct field reconnaissance of project sites. Interview appropriate City personnel. 3. Collect all available information regarding existing and proposed utility facilities in the project area, including water, waster water, telephone, electric, fiber optics, gas, drainage, traffic signal systems and petroleum pipelines. engcon[re.wpd/specm 4. Collect available information regarding location of floodplains, Edwards Aquifer boundaries, sensitive environmental features, and designated cultural resource features. 5. Collect information from the City and other appropriate entities related to planned expansions of roads, bridges, other utilities, or structures that might impact any proposed collection system alternatives. 6. For projects that my be located outside established City and State rights -of -way, collect pertinent available information regarding existing easements and land ownership. 7. Meet with the City's project manager to present and discuss the information compiled above and to establish project parameters. 8. Obtain limited surveying information for the wastewater collection system necessary to evaluate feasible alternatives. This is expected to include manhole invert elevations in locations where shallow grades, small diameter lines, or access - limited lines currently exist. Adequate survey information is assumed to exist for the F.M. 620 location. 9. Develop conceptual altematives for each site where the optimum solution is not clearly apparent. 10. Conduct an evaluation of project alternatives including a discussion of the relative merits of each alternative and a preliminary estimate of construction cost. The evaluation shall consider alternative construction methods such as spot repairs, removal and replacement, trenchless rehabilitation and rerouting. The evaluation shall take into consideration the following items: • Construction cost • Construction time • Traffic and environmental impacts • Impact on adjacent property • Easement requirements 11. Prepare a Preliminary Report of the results of the above findings and investigations. Meet with City Staff to present and discuss the Preliminary Report and to select the preferred project alternatives, develop a plan for project implementation sequencing, discuss implementation responsibilities, and develop the subsequent scope of services for the Design and Construction Phases. Provide three copies of the final Preliminary Report to the City. engcontrc.wpdispectw ATTACHMENT D FEE SCHEDULE The following items of work and corresponding compensation amounts will be utilized for these services: engconlrc.wpd/spectw Gather and Review Existing Information $4,190 Preliminary Surveying $3,000 Develop and Evaluate Alternatives $5,200 Prepare Draft and Final Report $7,400 Total Cost $19,790 . Q . -� PRODUCER TEXAS ASSOCIATES INSURORS 1114 LOST CREEK BLVD SUITE 400 AUSTIN, TX 78746 sdo x« E (MM/OU/YY , . DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEFL THIS CERTIFICATE DOES NOT ANIEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFOFIDING COVERAGE COmPANY ARARTFORD INSURANCE GROUP INSURED Assoc. Consulting Engin.* 901 S. Mopac, Bldg. 2 Suite 165 Austin, TX 78746 COMPANY 13 Professional Lines Und. Spec. COMPANY c COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. u � TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE GAM/DO/YY) POLICY EXPIRATION DATE (MN /DD/YY) LIMITS A GENERAL X LIABILITY COMMERCUILGENERALUABIUTY 65SBAGH8322 07/24/98 07/24/99 GENERAL AGGREGATE S 200000• PRODUCTS - COMP/OP AGG $ 200000• PERSONAL &ADV INJURY S 100000 • I CLAIMS MADE I X I OCCUR EACH OCCURRENCE • g 100000 OWNER'S &CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) , , • , MED EXP (Any one person) $ 1000' A AUTOMOBILE X X LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON .OWNED AUTOS 65SBAGH8322 07/24/98 07/24/99 COMBINED SINGLE LIMIT $ 1000008 BODILY INJURY Per person) $ (Per BODILY accident) INJURY S PROPERTY DAMAGE S GARAGE LIABIUTY ANY AUTO 1AUTO ONLY EA ACCIDENT $ j OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE $ EXCESS UABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY - 65WECDS1554 07/24/98 07/24/99 X WCSTATIJ OTH- iORYU N - EL EACH ACCIDENT s 100000' EL DISEASE - POUCYUMR $ 1000001 THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: - INCL EXCL EL DISEASE EA EMPLOYEE $ 1000001 B OTHER PROFESSIONAL LIABILITY A97PL03173 10/09/97 10/09/98 $1,000,000.— OCC /AGG $ 2,500.— DEDUCTIBLE DESCRIPTION OF OPERATIONS /LOCATONSNEHICLES/SPECIAL ITEMS ERT PF. ,HQ R k CITY OF ROUND ROCK ATTN: STEPHEN MILLER 221 E MAIN STREET ROUND ROCK, TX 78664 1 .., 'CANCELLATION _' , ..., „ . .., .. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOATION OR LIABILITY OF ANY KIND UPON THE COMPANY, 175 AGENTS OR REPRESENTATIVES. AU • RIZED REP • ' EN VE , A • - / • 'ATTACHMENT G DATE: November 20, 1998 SUBJECT: City Council Meeting — November 24, 1998 ITEM: 14.C.2. Consider a resolution authorizing the Mayor to execute an agreement with Associated Consulting Engineers, Ina for several wastewater pipeline rehabilitation projects. This firm was selected through a structured interview /selection process several weeks ago. The proposed preliminary engineering agreement is valued at $19,790.00 and the scope of work is outlined in the agreement. Staff recommends acceptance. Staff Resource Person: Jim Nuse, Public Works Director. ACE November 2, 1998 Mr. Steven Miller, P.E. Facilities Engineer Public Works Department City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Design Services — Wastewater Rehabilitation Project Preliminary Phase Services Request Dear Steve: Associated Engneers, Inc. 9018 Mopac Eby, BIdg II #165 Austin, TX 78746 Tel: (512) 329 -0006 Fax: (512) 329-0096 Associated Consulting Engineers, Inc. (ACE), is very pleased to have been selected to provide engineering services to the City of Round Rock related to the development of a rehabilitation/repair plan and construction documents for various wastewater collection rehabilitation systems. We appreciate the information you have provided us concerning the project. We have developed an approach that we believe will successfully resolve the current problems that the City has experienced with the wastewater collection system at these locations. We have included a proposed scope of services for the first phase of this project. We propose that we first accomplish the Preliminary Phase services, which will establish the recommended rehabilitation method and extent, prior to executing a Design and Construction Phase contract. We believe this approach will allow the scope of the project to be defined such that the Design and Construction phase level of effort and budget can be accurately estimated. Currently, the magnitude of the effort for these phases is very difficult to determine due to the variable nature of sewer collection system rehabilitation. We have also included a schedule of fees for our services in this Preliminary Phase of the project and a Work Order to authorize this work. We sincerely appreciate your selection of our firm for this work and we look forward to assisting you in this challenging project. If you have any questions related to this information, please do not hesitate to contact me at your convenience. Mr. Steven Miller, P.E. City of Round Rock November 2, 1998 Page 2 Sincerely, ASSOCIATED CONSULTING ENGINEERS, INC. Ray L. Shull. P.E. President PROJECT DESCRIPTION PRELIMINARY PHASE SERVICES WORK ORDER FOR PROFESSIONAL SERVICES WASTEWATER COLLECTION SYSTEM REHABILITATION This work order constitutes authorization by the City of Round Rock (City) for Associated Consulting Engineers, Inc. (ACE), to proceed with the following scope of services as requested by the Client: • Stone Street to Georgetown Street • Lake Creek at Burnet Avenue • Florence Street at Blair Street • F.M. 620 at Lake Creek Shopping Center • Fannin Avenue to Milam Avenue • Bellview Lane to Christopher Avenue • Zephyr Lane to Gattis School Road SCOPE This project will provide for the evaluation of problems with the existing wastewater collection system. The scope of services will be to conduct a preliminary phase investigation of the identified problems to evaluate and select alternatives for the rehabilitation of certain portions of the system. Identified areas of the existing wastewater collection system that will be addressed are as follows: Associated Consulting Engineers, Inc. will provide the following services: 1. Attend an initial coordination meeting with City personnel to establish lines of communication, agree on documentation procedures, transfer available information, develop procedures for submitting information, and discuss overall priorities for the work. 2. Review videotapes and reports provided by the City. Conduct field reconnaissance of project sites. Interview appropriate City personnel. 3. Collect all available information regarding existing and proposed utility facilities in the project area, including water, waster water, telephone, electric, fiber optics, gas, drainage, traffic signal systems and petroleum pipelines. 4. Collect available information regarding location of floodplains, Edwards Aquifer boundaries, sensitive environmental features, and designated cultural resource features. 5. Collect information from the City and other appropriate entities related to planned expansions of roads, bridges, other utilities, or structures that might impact any proposed collection system alternatives. 6. For projects that my be located outside established City and State rights -of -way, collect pertinent available information regarding existing easements and land ownership. 7. Meet with the City's project manager to present and discuss the information compiled above and to establish project parameters. 8. Obtain limited surveying information for the wastewater collection system necessary to evaluate feasible alternatives. This is expected to include manhole invert elevations in locations where shallow grades, small diameter lines, or access - limited lines currently exist. Adequate survey information is assumed to exist for the F.M. 620 location. 9. Develop conceptual altematives for each site where the optimum solution is not clearly apparent. 10. Conduct an evaluation of project alternatives including a discussion of the relative merits of each alternative and a preliminary estimate of construction cost. The evaluation shall consider alternative construction methods such as spot repairs, removal and replacement, trenchless rehabilitation and rerouting. The evaluation shall take into consideration the following items: • Construction cost • Construction time • Traffic and environmental impacts • Impact on adjacent property • Easement requirements 11. Prepare a Preliminary Report of the results of the above findings and investigations. Meet with City Staff to present and discuss the Preliminary Report and to select the preferred project alternatives, develop a plan for project implementation sequencing, discuss implementation responsibilities, and develop the subsequent scope of services for the Design and Construction Phases. Provide three copies of the final Preliminary Report to the City. Work shall be performed under the standard terms and conditions dated August 1, 1997 attached as Exhibit A. Compensation for services described in the scope shall be on a lump 'sum basis. The cost for this phase was estimated by utilizing a man -hour breakdown for the major tasks and the rates in the ACE Flat Rate Schedule of Fees dated November 1, 1997 attached as Exhibit B. The estimated cost for these services is as follows: Gather and Review Existing Information $4,190 Preliminary Surveying $3,000 Develop and Evaluate Alternatives $5,200 Prepare Draft and Final Report $7,400 Total Estimated Cost $19,790 This work will be accomplished for the lump sum cost of $19,790.00. The work will be invoiced monthly based upon the percentage of work completed during that month This work is estimated to be completed within eight weeks from the date of authorization by the City. APPROVED: ASSOCIATED CONSULTING ENGINEERS, INC. TERMS AND COMPENSATION APPROVED: CITY OF ROUND ROCK Exhibit A STANDARD TERMS AND CONDITIONS August 1, 1997 Section 1. Services. The Client hereby agrees to engage Associated Consulting Engineers, Inc. (ACE) and ACE hereby agrees to perform certain services for the Client as agreed upon from time to time and as may be hereafter authorized in writing by the Client and accepted by ACE ( "Services "). Section 2. Client's Responsibilities. The Client agrees to provide ACE with all existing data, plans, and other information in the Client's possession which are necessary for the performance of Services, as well as right of entry for ACE's personnel and all necessary equipment to the site(s). Section 3. Standard of Care and Warranty. ACE agrees that its Services will be performed with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and circumstances. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE. Section 4. Safety. ACE is only responsible for the safety on site of its own employees. Section 5. Time of Performance. ACE shall not be responsible for delays in the work caused by Client or its agents, consultants, or contractors. Standby or non - productive time for delays in the work caused by Client will be charged to the Client. Section 6. Compensation. For ACE's performance and completion of services, Client shall compensate ACE at the hourly rates and charges as set forth in Exhibit "A ". Such rates include labor, overhead, expenses, and profit. Subject to agreement by Client, Exhibit "A" may be revised by ACE periodically. Section 7. Payment. ACE shall invoice Client for Services performed on a monthly basis. Each invoice is due on presentation, is payable in the Texas County specified for such invoice, and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to one percent (1%) per month on past due accounts. Should litigation be required to collect any delinquent accounts, Client further agrees to pay to ACE interest at the rate of twelve percent (12 %) per annum on all past due balances until paid in full, as well as all collection costs. Section 8. Cost Estimates. ACE makes no representation concerning the cost estimates made in connection with maps, plans, specifications, or drawings other than that all cost figures are estimates only and ACE shall not be responsible for fluctuations in cost factors. Section 9. Independent Contractor. ACE's relationship with the Client under this Agreement shall be that of independent contractor. The employees, methods, equipment, and facilities used by ACE shall at all times be under its exclusive direction and control, and the Client .shall not exercise control over ACE except insofar as may be necessary to ensure performance and compliance with this Agreement. Section 10. Indemnification. ACE shall defend, indemnify, and hold the Client harmless from and against any claim asserted by any person or entity (other than an officer, director, employee or agent of Client) arising out of (i) ACE's negligence or (ii) ACE's breach of any obligation or responsibility imposed on it by the provisions of this Agreement, subject to the limitations and exclusions contained herein in Sections 11. Client shall defend, indemnify, and hold ACE harmless from and against any claim asserted by any person or entity (other than an officer, director, employee, or subcontractor of ACE) arising out of (1) Client's negligence or (ii) client's breach of any obligation or responsibility imposed on it by the provisions of this Agreement. Should Client make a claim against ACE for negligence or breach, but fail to prove such claim, Client shall pay all ACE's costs incurred in defense of such claim. Section 11. Liability Limitation. ACE's liability to the Client, its employees, officers, directors, agents, and contractors, for any loss or damage, arising out of or in connection with this Agreement from any cause, including ACE's professional negligence, errors, or omissions shall not exceed the greater of $50,000 or the compensation received by ACE hereunder, and Client hereby releases ACE from any liability above such amount. ACE shall not be liable for special and/or consequential damages. Section 12. Termination. In the event of termination, ACE shall be paid for services performed prior to the termination notice date plus reasonable termination expenses, including the cost of completing analyses, records, and reports necessary to document job status at the time of termination Section 13. Successors and Assignments. The Client and ACE each binds itself and its successors, executors, administrators, and assigns to the other party of this Agreement and to the successors, executors, administrators, and assigns of such other party, in respect to all covenants of this Agreement. Section 14. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Terms EXHIBIT B ASSOCIATED CONSULTING ENGINEERS, INC. FLAT RATE FEES November 1, 1997 The following outlines the flat rate time and materials compensation basis. This schedule is reviewed periodically and may be revised, subject to approval by the Client. Labor Technician/Clerk I $35.00/hr Rates Technician/Clerk Et $45,00/h Technician/Clerk III $55.00/hr Graduate Engineer/Environmental Specialist I $50.00/hr Engineer/Environmental Specialist II $60.00/hr Engineer/Environmental Specialist III $70.00/hr Engineer/Environmental Specialist IV $85.00/hr Engineer/Environmental Specialist V $100.00/hr Engineer/Environmental Specialist VI $125.00/hr Expert Testimony A labor rate surcharge of 50% shall be added for expert testimony time during trials, hearings, and depositions. A minimum of 8 hours expert testimony time will be billed for each day that a staff member is testifying. Trial, hearing, and deposition preparation will be billed at normal rates. Reimbursable Expenses Car/Truck Mileage $0.40 /mile Photocopies $0.20 /page Telecopies $1.50 /page Standard Facility / Equipment /MateriaUReproduction/Computer /Other Charges available on request Subcontractors (Consultants, Surveying, Soils, Laboratories, etc.) Cost plus 15 % Other Out-of-Pocket Expenses (Travel, Telephone, Lodging, Meals, etc.) Cost plus 15 % Billings are payable upon presentation and are past due 30 days from invoice date. A finance charge of 1% per month will be added to past due accounts. The amount of any excess, VAT, or gross receipts tax that may be imposed shall be added to the compensation as determined above. Wastewater Collection °, < ■_ Rehabilitation Estimated Costs TASK Eng V Eng IV Eng Ill Tech II , Clerk I $ TOTAL Preliminary Phase Gather Existing Information 2 4 8 8 2 1,530.00 Review Existing Information 8 12 12 2,660.00 Develop and Evaluate Altematives a 32 24 5,200.00 Draft Preliminary Report a 24 24 24 8 5,480.00 Final Preliminary Report 4 8 8 8 1,920.00 Expenses: Preliminary Surveying (7 sites) $500/site 3,000.00 TOTAL 26 80 76 32 18 19.790.00 Person I Rate $Thr Eng V Eng IV I I Eng III 70 TOTAL: ESTIMATED COST $19,790.00 Tech 11 45 Clerk I 35 k City of Round Rock Cost Estimate Round Rock Prelim Phase Cost Estimate 11 -2 -98 Page 1 Date: November 4, 1998 To: JimNuse Public Works Director From: Steven Miller Facilities Engineer CITY OF ROUND ROCK INTEROFFICE MEMORANDUM Subj: Engineering Service Agreement - Wastewater Rehabilitation Projects Please find attached a preliminary engineering service agreement as proposed by Associated Consulting Engineers, Inc.. This firm was selected to produce a rehabilitation plan for several locations throughout the city which includes service lines and small sewer interceptor pipelines. The negotiated fcc for this phase is $19,790.00 and is outlined in the attached agreement form. I recommend the City Council enter into a contract with Associated Consulting Engineers, Inc.. PUBLIC WORKS DEPARTMENT