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R-04-02-12-14E1 - 2/12/2004RESOLUTION NO. R-04-02-12-14131 WHEREAS, the City of Round Rock desires to retain engineering services for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins, and WHEREAS, RJN Group, Inc. has submitted a Contract for Engineering Services to provide said services, and WHEREAS, the City Council desires to enter into said contract with RJN Group, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf. of the City a Contract for Engineering Services with RJN Group, Inc. for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins, a copy of said contract being attached hereto as Exhibit "A" and incorporated 'herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon., all as required by the open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of February, 004. NY W L, Mayor City of Round Rock, Texas AT 'ST CHRISTINE R. MARTINEZ, City Secr ary PFLeSktcp\::ODMA/40RLDOX/O:/WDOX/RESOLUTI/R40212E1.WPDjSC 'ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERrfY CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM _ RJN GROUP INC. .(`Engineer") ADDRESS: 12160 Abrams Rd., Suite 400, Dallas, TX 75243 PROJECT: 2003-04 WASTEWATER COLLECTION SYSTEM REHABILITATION PROJECT 1 DAZW N J LU R), LU 16, AND CC341 THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the _ day of , 2004 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: Engineering Services Contract Rev. 01/19/04 File Name: wastewater rehab-01-04-dn; 62780 EXHIBIT 00062288 G "All CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not performed the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of two hundred eleven thousand one hundred thirty seven dollars ($ 211,137.00 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with Engineering Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional Engineering Services not included in Exhibit B. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Michael D. Thane, P.E. Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3236 Fax Number (512) 218-5563 Email Address Mthane@round-rock.tx.us 4 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Peter Lai, P.E. Engineer 12160 Abrams Rd., Suite 400 Dallas, TX "/5243 ° Telephone Number (972) 437-4300 ° Fax Number (972) 437-2707 Email Address Alai@rjn.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. rel ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City Council authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. 7 ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. 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 Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise 1101 acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Peter Lai, P.E. Engineer RJN Group, Inc. 12160 Abrams Rd., Suite 400 Dallas, TX 75243 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its 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 , 2004, and Engineer, signing by and through its duly authorized representative(s), thereby binding the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROUND ROCK: Lo Nyle Maxwell, Mayor ATTEST: By: Christine Martinez, City Secretary RJN GROUP, INC. By:%'? IL4, Signatur of Principal Printed Name: _ Nt4j t 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-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. 1/16/04 EXHIBIT B SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z This scope includes the final design, bidding assistance, and construction administration assistance for rehabilitation of the wastewater collection system in Basins LC15-Z, LC16-Z, and CC34-Z. The estimated schedule of repairs includes 351 manholes, 125 point repairs, and 4,943 linear feet of sewer replacement for an estimated construction cost of $1,204,715. 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. 5. Submit preliminary design plans to the City for review. Meet with the City to review the preliminary submittal. 1/16/04 2 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. 1/16/04 3 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 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 easements. The City will secure easements as necessary. Seven easements are included. 1/16/04 4 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 necessary permits for railroad crossings and highway crossing as required. Three are anticipated for this contract. 6. 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. 1/16/04 5 EXHIBIT C Work Schedule 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z 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 February 2004. Major Tasks Completion Date Draft Plans/Specifications May 2004 Final Plans/Specifications June 2004 Bidding and Award July 2004 Construction Completion January 2005 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. 1/16/04 6 EXHIBIT D FEE SCHEDULE 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z Task Description Unit Unit Costs ($) Cost ($) Basic Services Project Administration/Management 1 LS 13,150 13,150 Wastewater Line Design (pt. repairs/replacement) 1 LS 70,594 70,594 Manhole Rehabilitation Design 1 LS 15,883 15,883 Total Basic Services 99,600 Special Services Contract Services 1 LS 13,550 13,550 Other Services Survey 1 LS 78,187 78,187 Easement 8 EA 1,200 9,600 TCEQ Requirements (In accordance with Scope Item U.B.2) 1 LS 2,100 2,100 Permits (3 EA) 3 EA 1,200 3,600 SWP 1 LS 4,500 4,500 Subtotal Special Services 111.537 Total Cost Not -to -Exceed 211,137 1/16/04 7 EXHIBIT E Certificates of Insurance eilJGlILarj4 14'01 'yJ14d/ZIli I i, A'I 'Luu`t 00. 1G bJrJbtJ;44/t)4 CERTIFICATE OF LIABILITY INSURANCE PROFESSIONAL SERVICES PRODMER Mack and Parkar, Inc. 55 Fast Jackson Blvd. 4�icaga, ZL 40604 INSURED RJN Group, IT16. 200 W. Front Street *&aton, 11 60187 HJN GKUUP, INC RJN GROUP INC � Data: 1-16-04 COIV,[PANIES AFFORDING COVERAGE A Cream i,ch Iw=ance Ca rpany B C A PAGE 02/03 PAGE 03/66 TMS 15 TO CERTIFY THAT ibe Imured naradd above is imur0 i by the Companies listed above with respect t the business operations bmkmfter daaai 4 for t'he WO of in5oranc,4 oad in amordmas with the pmvivonso the 6tattdard popsies used by the conapWes, and: f vrther hcmh Afier described. Exceptions to the pnliaeS are nota below, w..euu®r��••� CO MR OP NASURANCE ' . PMICY IM41m MMATION LUWM LTR NUMBER PATR DA'TS A rROFMMALLNAn-t1'1I $1,400,000 leach Claim f ,000 000 A ar�ate PEa000984102 8-01-03 B-01-04 0�Od� Retentarm T10N og 8PBC1AL 17V4 xcM10Ns ftoject : 2003-2004 Wastewater: CoU action System Ttebabilitation ProJeet (Basins LC150 LC16 aW CC34) . Should:�y O�tha abo� derczlhed palleiies'be c�nulfed br c},auAeO bbta3t! tlu eapixatlon dare tIR ma is�E com�anp wW �oaail th3ri (30) days written notice io ft tWIfitatb holder named Wow, cER TEMATE HOLDER: Gey of RWZA Awk 2zi a main se"d Round Rq, ToM 7M64 a": MWAc Maw, CW SerXeauy W4 2nQ0 - ft%W*W Liability CeNflcNtada= SIGNATURE OF AUTHO=ED ROUSEN'TATTV =maw ,rte Ssx'iaac t� T+nes Service AssmiAte TOTA4 P.125 01/27/2004 TUE 14:52 [TX/RX NO 77191 Q002 01/2_7/2_004 14,57 9724372707 C.ERTIFICATIE of LIABILITY INSURANCE PROAUM Mack and ParkerTnG. 55 E. Jackson Blvd. 0110aigo, IL;* 60604 RJN GROUP, INC PAGE 03/03 KJN QRULIP INC PAGE 04/06 Date^ CoteAN= AT ORDING C0VF1LkGB A Trmscozltfrtental Insurance CO. 8 Valley Forge S> SUR73n c Contirwntal Caauaity Cmpmy kjy.. Gsoup, It. D Tr=pot`tat:iem Insurance Co. 1�hCOT>�.1,t' S�t1r[gee�t� g S 'To CT1�TJi'Y THAT to Wtued nwaW above is insured by tote Companies listed above with respect to the business opertttioos hereinafter dewibad, for the typos of ince and tu aceorduxe with the provisions of the standard �pobkles used lry the meanies, tend ti>� hereicafte r desaxibed. 8xcepbms to the policies an noted below. CO '[Yn OF 1 SOM 1POIACY €FICTIVE Z7MMATLON LTR NUMBER MATE DATE Gla UAL LIAwnsfY 6W0L4L AGGICUa s I Z f 000 w 000 A TM077863675 6-1-03 84-04 PX0M;Cr5-COM?WAGG, 8100Q00000 PERSON AJs AL MV. tN1URY a i, OOO,D00 9AC1t occua,t04CE -111000) 000 FIRS DAMAGE (AM ime tiro) s 10010M Mabe tNSE UWt?' one pateer�)s 10, 000 A OM081I f,1.tItBRIi1f 00WftaD$ML8LPAff $1,0W,000 B 13W077863644 8.1-03 8-1-Q4 BODILvT URY(Perpaeean) t C BUA1077863658 8-1-03 8-1^04 BODILY IH)UkY firer awideM) S PODMTY DAM OR S c-isswaErr7 QccuRRsrtcE $3,000,000 0 CLWI077853689 B-1-03 8-1-04 A" :3,000,000 W ' COMPENSAr1 81rA RY UWrtS t MDEMPLCrm,LIMILITY EACHACCM*n S 500t000 D WM077863661 8-1-03 8-1-04 Dow$- POLICY LIMIT :M000 DSS • EACH EMVWYM 1OW PFtt, iONAt. 1 . N/A on!�cRlrrwlVoFo>'tRAToKSI T1ONE—MiCLE&6F l SISX Project: 2003-2004 Wastewater Collection System. Reh4bilit:ation Project (gasins W15, %C16 aril CC34) The !qr of bound Rale is aetrseC s additioMl instsrsd wrid► respect d1 ell poiicie: crirMpc'warkers' Canpcn�atloa end SmployCrs' Lioblttq�' and 1Pmfe=imW 1.tebi1hy'. Shauid so of ft ebova dcranbed petiaiei be V0=Ikd or chmod befote the expirmion dft mawf, Q& issu1 r4 aompany wili rrmil tbi (30) days -fit= hoop to thn eat df=te holder wmW balm, CERTMC/1T& HOLDER: City MMM GtcyafAond Rode 221 R Maio Shoot ROM4 FA*14 Taxai 78664 Cwr1 oElnsur CdFA 6XnWLT `A" SIONA-M&E CF tlR1ZO WREMMATIVIS NO: Barbara Fri Service Associate R p"ftu 10✓io62 01/27/2004 TUE 14:52 [TX/RX NO 77191 [003 - W - � co ( U) nr w z C { LL 0 0 0 ( _j 0 E { cl) J m � C.) w - Q W W W U) Q � So � ; § � ! a \ � / § \ � } § � ) � � � @O� .5 O o •� cri N 2 OL �RUc o C �§/ 7 cu � _ � DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14.E.1. Consider a resolution authorizing the Mayor to execute a Contract for Engineering Services with RJN Group, Inc. for the 2003-2004 Wastewater Collection System Rehabilitation of three Edwards Aquifer Basins. Department: Water and Wastewater Utilities Staff Person: Tom Clark, Director of Utilities Justification: The City is required to continue this program in order to comply with the TCEQ's Edwards Aquifer Recharge Zone Protection Program requirements. The elimination of defects will reduce inflow and infiltration entering the City's Wastewater collection system, thereby reducing the City's treatment cost to the LCRA and BRA, who own and operate the Brushy Creek Regional Wastewater Treatment Plant. Funding: Cost: $211,137 Source of funds: Self Financed Utility Fund (F260) Outside Resources: RJN Group, Inc. Background Information: In September 2002, RJN Group was retained by the City to conduct an Inflow & Infiltration (I&I) Study of Basins LC15-Z, LC16-Z and CC34-Z. The scope of services consisted of intensive survey activities including manhole inspection, smoke testing, dyed water flooding, and internal television inspection. At the completion of the evaluation study in January 2004, a recommended plan to reduce I&I during a 5 -year storm event and to reduce maintenance repairs in the three basins was prepared by RJN. This contract is to develop construction plans for rehabilitating the wastewater collection system in the three basins. The schedule of repairs includes 4,943 linear feet of line replacement, 125 point repairs, and repair of 351 manholes. Approximately 1,116,000 gallons per day of I&I will be eliminated with the completion of the project. The estimated construction cost is $1,204,715. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS f � ROL ND ROCK, TEXAS ' PIHP��C! P,1C�I11APH(xPf NII CITY OF ROUND ROCK CONTRACT FOR ENGINEERING SERVICES FIRM RJN GROUP, INC. .(`Engineer") ADDRESS: 12160 Abrams Rd., Suite 400, Dallas, TX 75243 PROJECT: 2003-04 WASTEWATER COLLECTION SYSTEM REHABILITATION PROJECT (BASINS LC 15, LC 16, AND CC34) THE STATE OF TEXAS § COUNTY OF WILLIAMSON § THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on this the )P. day of - 2004 by and between the CITY OF ROUND ROCK, a Texas home - rule municipal corporation, wh se offices are located at 221 East Main Street, Round Rock, Texas 78664-5299, (hereinafter referred to as "City"), and Engineer, and such Contract is for the purpose of contracting for professional engineering services. RECITALS: WHEREAS, V.T.C.A., Government Code §2254.002(2)(A)(vii) under Subchapter A entitled "Professional Services Procurement Act" provides for the procurement by municipalities of services of professional engineers; and WHEREAS, City and Engineer desire to contract for such professional engineering services; and WHEREAS, City and Engineer wish to document their agreement concerning the requirements and respective obligations of the parties; NOW, THEREFORE, WITNESSETH: That for and in consideration of the mutual promises contained herein and other good and valuable considerations, and the covenants and agreements hereinafter contained to be kept and performed by the respective parties hereto, it is agreed as follows: 9-04-od-a-144,F/ Engineering Services Contract File Name: wastewater rehab-01-04-dn; 62780 Rev. 01 / 19/04 00062288 CONTRACT DOCUMENTS The Contract Documents consist of this Contract and any exhibits attached hereto (which exhibits are hereby incorporated into and made a part of this Contract) and all Supplemental Contracts (as defined herein in Article 13) which are subsequently issued. These form the entire contract, and all are as fully a part of this Contract as if attached to this Contract or repeated herein. ARTICLE 1 CITY SERVICES City shall perform or provide services as identified in Exhibit A entitled "City Services." ARTICLE 2 ENGINEERING SERVICES Engineer shall perform Engineering Services as identified in Exhibit B entitled "Engineering Services." Engineer shall perform the Engineering Services in accordance with the Work Schedule as identified in Exhibit C entitled "Work Schedule." Such Work Schedule shall contain a complete schedule so that the Engineering Services under this Contract may be accomplished within the specified time and at the specified cost. The Work Schedule shall provide specific work sequences and definite review times by City and Engineer of all Engineering Services. Should the review times or Engineering Services take longer than shown on the Work Schedule, through no fault of Engineer, Engineer may submit a timely written request for additional time, which shall be subject to the approval of the City Manager. ARTICLE 3 CONTRACT TERM (1) Term. The Engineer is expected to complete the Engineering Services described herein in accordance with the above described Work Schedule. If Engineer does not performed the Engineering Services in accordance with the Work Schedule, then City shall have the right to terminate this Contract as set forth below in Article 20. So long as the City elects not to terminate this Contract, it shall continue from day to day until such time as the Engineering Services are completed. Any Engineering Services performed or costs incurred after the date of termination shall not be eligible for reimbursement. Engineer shall notify City in writing as soon as possible if he/she/it determines, or reasonably anticipates, that the Engineering Services will not be completed in accordance with the Work Schedule. (2) Work Schedule. Engineer acknowledges that the Work Schedule is of critical importance, and agrees to undertake all necessary efforts to expedite the performance of Engineering Services required herein so that construction of the project will be commenced and completed as scheduled. In this regard, and subject to adjustments in the Work Schedule as provided in Article 2 herein, Engineer shall proceed with sufficient qualified personnel and consultants necessary to fully and timely accomplish all Engineering Services required under this Contract in a professional manner. 2 (3) Notice to Proceed. After execution of this Contract, Engineer shall not proceed with Engineering Services until authorized in writing by City to proceed as provided in Article 7. ARTICLE 4 COMPENSATION City shall pay and Engineer agrees to accept the amount shown below as full compensation for the Engineering Services performed and to be performed under this Contract. The amount payable under this Contract, without modification of the Contract as provided herein, is the sum of two hundred eleven thousand one hundred thirty seven dollars ($ 211,137.00 ) as shown in Exhibit D. The lump sum amount payable shall be revised equitably only by written Supplemental Contract in the event of a change in Engineering Services as authorized by City. Engineer shall prepare and submit to City monthly progress reports in sufficient detail to support the progress of the Engineering Services and to support invoices requesting monthly payment. Any preferred format of City for such monthly progress reports shall be identified in Exhibit B. Satisfactory progress of Engineering Services shall be an absolute condition of payment. The fee herein referenced may be adjusted for additional Engineering Services requested and performed only if approved by written Supplemental Contract. ARTICLE 5 METHOD OF PAYMENT Payments to Engineer shall be made while Engineering Services are in progress. Engineer shall prepare and submit to City, not more frequently than once per month, a progress report as referenced in Article 4 above. Such progress report shall state the percentage of completion of Engineering Services accomplished during that billing period and to date. Simultaneous with submission of such progress report, Engineer shall prepare and submit one (1) original and one (1) copy of a certified invoice in a form acceptable to City. This submittal shall also include a progress assessment report in a form acceptable to City. Progress payments shall be made in proportion to the percentage of completion of Engineering Services identified in Exhibit D. Progress payments shall be made by City based upon Engineering Services actually provided and performed. Upon timely receipt and approval of each statement, City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. Engineer has the responsibility to submit proof to City, adequate and sufficient in its determination, that tasks were completed. The certified statements shall show the total amount earned to the date of submission and shall show the amount due and payable as of the date of the current statement. Final payment does not relieve Engineer of the responsibility of correcting any errors and/or omissions resulting from his/her/its negligence. 3 ARTICLE 6 PROMPT PAYMENT POLICY In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to Engineer will be made within thirty (30) days of the day on which the performance of services was complete, or within thirty (30) days of the day on which City receives a correct invoice for services, whichever is later. Engineer may charge a late fee (fee shall not be greater than that which is permitted by Texas law) for payments not made in accordance with this prompt payment policy; however, this policy does not apply in the event: A. There is a bona fide dispute between City and Engineer concerning the supplies, materials, or equipment delivered or the services performed that causes the payment to be late; or B. The terms of a federal contract, grant, regulation, or statute prevent City from making a timely payment with federal funds; or C. There is a bona fide dispute between Engineer and a subcontractor or between a subcontractor and its supplier concerning supplies, materials, or equipment delivered or the Engineering Services performed which causes the payment to be late; or D. The invoice is not mailed to City in strict accordance with instructions, if any, on the purchase order, or this Contract or other such contractual agreement. City shall document to Engineer the issues related to disputed invoices within ten (10) calendar days of receipt of such invoice. Any non -disputed invoices shall be considered correct and payable per the terms of Chapter 2251, V.T.C.A., Texas Government Code. ARTICLE 7 NOTICE TO PROCEED City shall issue a written authorization to proceed with Engineering Services. City shall not be responsible for actions by Engineer or any costs incurred by Engineer relating to additional Engineering Services not included in Exhibit B. ARTICLE 8 PROJECT TEAM City's Designated Representative for purposes of this Contract is as follows: Michael D. Thane, P.E. Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 Telephone Number (512) 218-3236 Fax Number (512) 218-5563 Email Address Mthane@round-rock.tx.us 0 City's Designated Representative shall be authorized to act on City's behalf with respect to this Contract. City or City's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by Engineer in order to avoid unreasonable delay in the orderly and sequential progress of Engineering Services. Engineer's Designated Representative for purposes of this Contract is as follows: Peter Lai, P.E. Engineer 12160 Abrams Rd., Suite 400 0 Oallas, TX /J243 o Telephone Number (972) 437-4300 Fax Number (972) 437-2707 Email Address plai"n.com ARTICLE 9 PROGRESS EVALUATION Engineer shall, from time to time during the progress of the Engineering Services, confer with City at City's election. Engineer shall prepare and present such information as may be pertinent and necessary, or as may be requested by City, in order for City to evaluate features of the Engineering Services. At the request of City or Engineer, conferences shall be provided at Engineer's office, the offices of City, or at other locations designated by City. When requested by City, such conferences shall also include evaluation of the Engineering Services. Should City determine that the progress in Engineering Services does not satisfy the Work Schedule, then City shall review the Work Schedule with Engineer to determine corrective action required. Engineer shall promptly advise City in writing of events which have or may have a significant impact upon the progress of the Engineering Services, including but not limited to the following: (1) Problems, delays, adverse conditions which may materially affect the ability to meet the objectives of the Work Schedule, or preclude the attainment of project Engineering Services units by established time periods; and such disclosure shall be accompanied by statement of actions taken or contemplated, and City assistance needed to resolve the situation, if any; and (2) Favorable developments or events which enable meeting the Work Schedule goals sooner than anticipated. ARTICLE 10 SUSPENSION Should City desire to suspend the Engineering Services, but not to terminate this Contract, then such suspension may be effected by City giving Engineer thirty (30) calendar days' verbal notification followed by written confirmation to that effect. Such thirty -day notice may be waived in writing by agreement and signature of both parties. The Engineering Services may be reinstated and resumed in full force and effect within sixty (60) days of receipt of written notice from City to resume the Engineering Services. Such sixty-day notice may be waived in writing by agreement and signature of both parties. If this Contract is suspended for more than thirty (30) days, Engineer shall have the option of terminating this Contract. If City suspends the Engineering Services, the contract period as determined in Article 3, and the Work Schedule, shall be extended for a time period equal to the suspension period. City assumes no liability for Engineering Services performed or costs incurred prior to the date authorized by City for Engineer to begin Engineering Services, and/or during periods when Engineering Services is suspended, and/or subsequent to the contract completion date. ARTICLE 11 ADDITIONAL ENGINEERING SERVICES If Engineer forms a reasonable opinion that any work he/she/it has been directed to perform is beyond the scope of this Contract and as such constitutes extra work, he/she/it shall promptly notify City in writing. In the event City finds that such work does constitute extra work and exceeds the maximum amount payable, City shall so advise Engineer and a written Supplemental Contract will be executed between the parties as provided in Article 13. Engineer shall not perform any proposed additional work nor incur any additional costs prior to the execution, by both parties, of a written Supplemental Contract. City shall not be responsible for actions by Engineer nor for any costs incurred by Engineer relating to additional work not directly associated with the performance of the Engineering Services authorized in this Contract or any amendments thereto. ARTICLE 12 CHANGES IN ENGINEERING SERVICES If City deems it necessary to request changes to previously satisfactorily completed Engineering Services or parts thereof which involve changes to the original Engineering Services or character of Engineering Services under this Contract, then Engineer shall make such revisions as requested and as directed by City. Such revisions shall be considered as additional Engineering Services and paid for as specified under Article 11. Engineer shall make revisions to Engineering Services authorized hereunder as are necessary to correct errors appearing therein, when required to do so by City. No additional compensation shall be due for such Engineering Services. 0 ARTICLE 13 SUPPLEMENTAL CONTRACTS The terms of this Contract may be modified by written Supplemental Contract if City determines that there has been a significant change in (1) the scope, complexity or character of the Engineering Services, or (2) the duration of the Engineering Services. Any such Supplemental Contract must be duly authorized by City Council Resolution. Engineer shall not proceed until the appropriate Resolution has been adopted. Additional compensation, if appropriate, shall be identified as provided in Article 4. It is understood and agreed by and between both parties that Engineer shall make no claim for extra work done or materials furnished until the City Council authorizes full execution of the written Supplemental Contract and authorization to proceed. City reserves the right to withhold payment pending verification of satisfactory Engineering Services performed. ARTICLE 14 OWNERSHIP OF DOCUMENTS All data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this Contract are the exclusive property of City and shall be furnished to City upon request. All documents prepared by Engineer and all documents furnished to Engineer by City shall be delivered to City upon completion or termination of this Contract. Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished City under this Contract. ARTICLE 15 PERSONNEL, EQUIPMENT AND MATERIAL Engineer shall fiunish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the opinion of City, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the project when so instructed by City. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than City. Engineer may not change the Project Manager without prior written consent of City. ARTICLE 16 SUBCONTRACTING Engineer shall not assign, subcontract or transfer any portion of the Engineering Services under this Contract without prior written approval from City. All subcontracts shall include the provisions required in this Contract and shall be approved as to form, in writing, by City prior to Engineering Services being performed under the subcontract. No subcontract shall relieve Engineer of any responsibilities under this Contract. V/ ARTICLE 17 EVALUATION OF ENGINEERING SERVICES City, or any authorized representatives of it, shall have the right at all reasonable times to review or otherwise evaluate the Engineering Services performed or being performed hereunder and the premises on which it is being performed. If any review or evaluation is made on the premises of Engineer or a subcontractor, then Engineer shall provide and require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City or other representatives in the performance of their duties. ARTICLE 18 SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by City before any final report is issued. City's comments on Engineer's preliminary reports shall be addressed in any final report. ARTICLE 19 VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer's default, breach of contract, or violation of contract terms shall be paid by Engineer. ARTICLE 20 TERMINATION This Contract may be terminated as set forth below. (1) By mutual agreement and consent, in writing, of both parties. (2) By City, by notice in writing to Engineer, as a consequence of failure by Engineer to perform the Engineering Services set forth herein in a satisfactory manner. (3) By either party, upon the failure of the other party to fulfill its obligations as set forth herein. (4) By City, for reasons of its own and not subject to the mutual consent of Engineer, upon not less than thirty (30) days' written notice to Engineer. (5) By satisfactory completion of all Engineering Services and obligations described herein. Should City terminate this Contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to Engineer. In determining the value of the Engineering Services performed by Engineer prior to termination, City shall be the sole judge. Compensation for Engineering Services at termination will be based on a percentage of the Engineering Services completed at that time. Should City terminate this Contract under Subsection (4) immediately above, then the amount charged during the thirty -day notice period shall not exceed the amount charged during the preceding thirty (30) days. If Engineer defaults in the performance of this Contract or if City terminates this Contract for fault on the part of Engineer, then City shall give consideration to the actual costs incurred by Engineer in performing the Engineering Services to the date of default, the amount of Engineering Services required which was satisfactorily completed to date of default, the value of the Engineering Services which are usable to City, the cost to City of employing another firm to complete the Engineering Services required and the time required to do so, and other factors which affect the value to City of the Engineering Services performed at the time of default. The termination of this Contract and payment of an amount in settlement as prescribed above shall extinguish all rights, duties, and obligations of City and Engineer under this Contract, except the obligations set forth herein in Article 21 entitled "Compliance with Laws." If the termination of this Contract is due to the failure of Engineer to fulfill his/her/its contractual obligations, then City may take over the project and prosecute the Engineering Services to completion. In such case, Engineer shall be liable to City for any additional and reasonable costs incurred by City. Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurements made by Engineer in support of the Engineering Services under this Contract. ARTICLE 21 COMPLIANCE WITH LAWS (1) Compliance. Engineer shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this Contract, including without limitation, minimum/maximum salary and wage statutes and regulations, and licensing laws and regulations. Engineer shall furnish City with satisfactory proof of his/her/its compliance. Engineer shall further obtain all permits and licenses required in the performance of the Engineering Services contracted for herein. (2) Taxes. Engineer will pay all taxes, if any, required by law arising by virtue of the Engineering Services performed hereunder. City is qualified for exemption pursuant to the provisions of Section 151.309 of the Texas Limited Sales, Excise, and Use Tax Act. ARTICLE 22 INDEMNIFICATION Engineer shall save and hold harmless City and its officers and employees from all claims and liabilities due to activities of his/her/itself and his/her/its agents or employees, performed under this Contract, which are caused by or which result from the negligent error, omission, or negligent act of Engineer or of any person employed by Engineer or under Engineer's direction or control. Ct 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 Engineering Services and shall promptly make necessary revisions or corrections to its work product resulting from errors, omissions, or negligent acts, and same shall be done without compensation. City shall determine Engineer's responsibilities for all questions arising from design errors and/or omissions. Engineer shall not be relieved of responsibility for subsequent correction of any such errors or omissions in its work product, or for clarification of any ambiguities until after the construction phase of the project has been completed. ARTICLE 24 ENGINEER'S SEAL The responsible engineer shall sign, seal and date all appropriate engineering submissions to City in accordance with the Texas Engineering Practice Act and the rules of the State Board of Registration for Professional Engineers. ARTICLE 25 NON -COLLUSION, FINANCIAL INTEREST PROHIBITED (1) Non -collusion. Engineer warrants that he/she/it has not employed or retained any company or persons, other than a bona fide employee working solely for Engineer, to solicit or secure this Contract, and that he/she/it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City reserves and shall have the right to annul this Contract without liability or, in its discretion and at its sole election, to deduct from the contract price or compensation, or to otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (2) Financial Interest Prohibited. Engineer covenants and represents that Engineer, his/her/its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. ARTICLE 26 INSURANCE (1) Insurance. Engineer, at Engineer's sole cost, shall purchase and maintain during the entire term while this Contract is in effect professional liability insurance coverage in the minimum amount of One Million Dollars from a company authorized to do insurance business in Texas and otherwise 10 acceptable to City. Engineer shall also notify City, within twenty-four (24) hours of receipt, of any notices of expiration, cancellation, non -renewal, or material change in coverage it receives from its insurer. (2) Subconsultant Insurance. Without limiting any of the other obligations or liabilities of Engineer, Engineer shall require each subconsultant performing work under this Contract to maintain during the term of this Contract, at the subconsultant's own expense, the same stipulated minimum insurance required in Article 26, Section (1) above, including the required provisions and additional policy conditions as shown below in Article 26, Section (3). Engineer shall obtain and monitor the certificates of insurance from each subconsultant in order to assure compliance with the insurance requirements. Engineer must retain the certificates of insurance for the duration of this Contract, and shall have the responsibility of enforcing these insurance requirements among its subconsultants. City shall be entitled, upon request and without expense, to receive copies of these certificates of insurance. (3) Insurance Policy Endorsements. Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that thirty (30) days prior to the expiration, cancellation, non- renewal or reduction in limits by endorsement a notice thereof shall be given to City by certified mail to: City Manager, City of Round Rock 221 East Main Street Round Rock, Texas 78664 (b) The policy clause "Other Insurance" shall not apply to any insurance coverage currently held by City, to any such future coverage, or to City's Self -Insured Retentions of whatever nature. (4) Cost of Insurance. The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates of insurance evidencing such minimum coverage in force to be filed with City. Such Certificates of Insurance are evidenced as Exhibit E herein entitled "Certificates of Insurance." ARTICLE 27 COPYRIGHTS City shall have the royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use, and to authorize others to use, any reports developed by Engineer for governmental purposes. 11 ARTICLE 28 SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto, their successors, lawful assigns, and legal representatives. Engineer may not assign, sublet or transfer any interest in this Contract, in whole or in part, by operation of law or otherwise, without obtaining the prior written consent of City. ARTICLE 29 SEVERABILITY In the event any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. ARTICLE 30 PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole agreement of the parties hereto, and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein. This Contract may only be amended or supplemented by mutual agreement of the parties hereto in writing. ARTICLE 31 ENGINEER'S ACCOUNTING RECORDS Records pertaining to the project, and records of accounts between City and Engineer, shall be kept on a generally recognized accounting basis and shall be available to City or its authorized representatives at mutually convenient times. The City reserves the right to review all records it deems relevant which are related to this Contract. ARTICLE 32 NOTICES All notices to either party by the other required under this Contract shall be personally delivered or mailed to such party at the following respective addresses: City: City of Round Rock Attention: City Manager 221 East Main Street Round Rock, TX 78664 12 and to: Stephan L. Sheets City Attorney 309 East Main Street Round Rock, TX 78664 Engineer: Peter Lai, P.E. Engineer RJN Group, Inc. 12160 Abrams Rd., Suite 400 Dallas, TX 75243 ARTICLE 33 GENERAL PROVISIONS (1) Time is of the Essence. Engineer understands and agrees that time is of the essence and that any failure of Engineer to complete the Engineering Services for each phase of this Contract within the agreed Work Schedule may constitute a material breach of this Contract. Engineer shall be fully responsible for his/her/its delays or for failures to use his/her/its reasonable efforts in accordance with the terms of this Contract and the Engineer's standard of performance as defined herein. Where damage is caused to City due to Engineer's negligent failure to perform City may accordingly withhold, to the extent of such damage, Engineer's payments hereunder without waiver of any of City's additional legal rights or remedies. (2) Force Majeure. Neither City nor Engineer shall be deemed in violation of this Contract if prevented from performing any of their obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. (3) Enforcement and Venue. This Contract shall be enforceable in Round Rock, Williamson County, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. (4) Standard of Performance. The standard of care for all professional engineering, consulting and related services performed or furnished by Engineer and its employees under this Contract will be the care and skill ordinarily used by members of Engineer's profession practicing under the same or similar circumstances at the same time and in the same locality. Excepting Articles 25 and 34 herein, Engineer makes no warranties, express or implied, under this Contract or otherwise, in connection with the Engineering Services. 13 (5) Opinion of Probable Cost. Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. (6) Opinions and Determinations. Where the terms of this Contract provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE 34 SIGNATORY WARRANTY The undersigned signatory for Engineer hereby represents and warrants that the signatory is an officer of the organization for which he/she has executed this Contract and that he/she has full and complete authority to enter into this Contract on behalf of the firm. The above -stated representations and warranties are made for the purpose of inducing City to enter into this Contract. IN WITNESS WHEREOF, the City of Round Rock has caused this Contract to be signed in its corporate name by its Mayor, duly authorized to execute the same on its behalf by Resolution No. 1?--D4-02-Q -146,1 approved by the City Council on the /Z day of the month of , 2004, and Engineer, signing by and through its duly authorized representative(s), thereby bindQ the parties hereto, their successors, assigns and representatives for the faithful and full performance of the terms and provisions hereof. CITY OF ROROCK: By: Nylew , ayor ATTEST: By. �.nub v) Christine Martinez, City Secretary RJN GROUP, INC. By: M �/,(,& Signa of Principal Printed Name: 14 LIST OF EXHIBITS ATTACHED (1) Exhibit A City Services (2) Exhibit B Engineering Services (3) Exhibit C Work Schedule (4) Exhibit D Fee Schedule (5) Exhibit E Certificates of Insurance 15 EXHIBIT A SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-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. 1/16/04 EXHIBIT B SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z This scope includes the final design, bidding assistance, and construction administration assistance for rehabilitation of the wastewater collection system in Basins LC15-Z, LC16-Z, and CC34-Z. The estimated schedule of repairs includes 351 manholes, 125 point repairs, and 4,943 linear feet of sewer replacement for an estimated construction cost of $1,204,715. 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. Proiect 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. 5. Submit preliminary design plans to the City for review. Meet with the City to review the preliminary submittal. 1/16/04 2 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. 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. 1/16/04 3 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 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 easements. The City will secure easements as necessary. Seven easements are included. 1/16/04 4 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. Prepare necessary permits for railroad crossings and highway crossing as required. Three are anticipated for this contract. 6. 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. 1/16/04 EXHIBIT C Work Schedule 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z 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 February 2004. Major Tasks Completion Date Draft Plans/Specifications May 2004 Final Plans/Specifications June 2004 Bidding and Award July 2004 Construction Completion January 2005 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. 1/16/04 6 EXHIBIT D FEE SCHEDULE 2003-2004 Wastewater Collection System Rehabilitation Basins LC15-Z, LC16-Z and CC34-Z Task Description Basic Services Project Administration/Management Wastewater Line Design (pt. repairs/replacement) Manhole Rehabilitation Design Total Basic Services Special Services Contract Services Other Services Survey Easement TCEQ Requirements (In accordance with Scope Item II.B.2) Permits (3 EA) SWP Subtotal Special Services Total Cost Not -to -Exceed 1/16/04 7 Unit Costs Cost Unit ($) ($) 1 LS 13,150 13,150 1 LS 70,594 70,594 1 LS 15,883 15,883 99,600 1 LS 13,550 13,550 1 LS 78,187 78,187 8 EA 1,200 9,600 1 LS 2,100 2,100 3 EA 1,200 3,600 1 LS 4,500 4,500 111,537 211,137 EXHIBIT E Certificates of Insurance 01,/27/2004 14:57 9724372707 RJN GROUP, INC PAGE 02/03 �, * �, ""'Y uo. Lr' 0JUDOX4 /n4 RJN GROUP INC PAGE 03/06 CERTIFICATE OF LIABILITY INSURANCE PROMSSIONAL SERVICrS PRODUCER Mack and ?=kax, Tx=. 55 Fast Jackson Blvd. Chicago, IL 60604 INSURED RJN Groin, 1='. 200 W. FrOnt Street Wheaton, IL 60187 1-16-04 Dao: CONWANIES AFFORDING COVERAGE A Gre co Tua=ame Co4apatty B C C TMS 15 TO CERTEFY THAT tho Im.wed ttssudd above is insumd by the Co:tpw ies listed above with respect t the busi:ncss operetions'W inaiter &WAibcd, far the types of insurance end in acaordmtce with d►e Mvisicusa the standard poliaiam used by the corp ponies, imcL further hamiu ter described. E,%mtions to the policies are nuts below. Co 'TYVR of INSURANCE ' . POLIL y AFMCTINL MMATION LIMITS LTR NUMISSR PATI DATE ZACh Claim pROg�9tppIALLiA9MY $1'�'p 0 Aa=ezate PEOM994102 8-01-03 6-01-04 f10f,0006 Retention _ DZSCRIPTioNOFSpOClALITxmsMxCEPTtaNs ftoject; 2003-1004 Wastewater Cal,lect:ion System Robabiliration PrCJQCt (Basins LC15, LM5 W CC34) Should aAy 01 du above deraftd prAieiies'be + aucaM br AaMW bdM ft t�piration deet tlletq�oi'� �a is�ing Company will MD t}sist (30) dityA wretift notice ro iho t M96ait bolder mnied below. CERT[FIOATE HOLDOR: Cid of ltound 1lpek . 221 a Mase scr—t Round A** Texan 79664 s+p: *6964eMmin4 City Sectctaq Rav'd Vjo103 -t'Ta aiafud Liability CINNOcM S -ft MONAIURE OF AUTHOPMED RAPUSENTA n V Typed Namr, 8�c'bac t� r Tile, Service Assmiate TQ'TP., P. es 01/27/2004 TUE 14:52 [TX/RX NO 77191 U002 01/27/2004 14:57 9724372707 CERTIFICATE OF LIA131UTY INSURANCE PRODUM ; Mac!; ! etld Farkartt Tnc. 55.E. Jackson S1vd. Chicago, IL- 60604 RJN GROUP, INC PAGE 03/03 RJN UKUUP INC PAGE 04/06 Dt►te' 1-Z - 4 CpIu ANM AMMING COVMtAGE A Trapsacmtirtental. Insurance C10 - 'a valley Forge C Continental Casualty C fiPany .RJNGtoup, UQ >D Trartoportat iInsurance Co. InsuraCo. 200" W. hmnt:' �Stttree77t YS 1%41rg:T7i Y THAT the Ttli toed nsmed above is inswed by dw Cbmpardes listed Above with T"P49t to the business oporRtiots hereinaft described, for the types of in nee and )A aaaordsr;4e with the Provisions of tlae standard pplicies, used by the eonspanies, and ford= h"aaftec destribed. Fxcepfions to the policies are noted below. CQ'T V"FO 1"NSME NO POULCY McAw omsuffiog 7S LTR NfIM3ER DATE DATE •GbNSpt. Lu►rsUry �"- GENEWJL AGGREOATS f 21000,000 A CP10778f 3675 -03 8 1-04 PRODUCTS-COMMOPAW. 1100000000 g^1 PERSONAL At ADV. WURY a I,OOO,OOt) ggm occuaRSWCE S 11 p00, 000 plM laAMAGE (,Kay &M (ire) s 100,000 MID. EXHNSE (Am a" "806)5 10,000 MOMLS L ABLLIi'Y CdiKINED SINGLE 0 i 1� 000,0M B BW077863644 8-1-03 8-1-04 BODILY IruuRY (perm) t C BUA1077863658 8-1-03 8-1-04 BODILY INJURY CP-.widEPI> S PROPERTY DAMAGA S CESSL1ABUr 11MMOCCUUMCE $3,000,000 n CUPID77863689 9-1-03 $-1-04 AQUIMATO &3,000,000 W ' COMPENSATS STArMRY LiMMS s AND EMPLO'1'W L IASILITY EACH AMMONT S 504 t 000 D WM077863661 8-1-03 8-1.04 DisjAM - POLICY t.wMrr S300,000 DMA MA - EACH Emri.nyu 1500,000 PRD IDNAL 1 . NIA 0Li5CMPTtON i F OPt'RATIONS/ TIONslVEH CL ampe( TBMS/6XC om Project: 2003-2004 Wastewater Collection System .Rebabilit:ation Fro feet (gazing ]r A5, LCI.6 and CC34) The ity ar iZ; d U* is named is W411 ci al roamed with respect to dl policies 7c*p0WGrk"s Cwnpeaeat� and 8rnpioyras' Liability' and `Rrofessio:hal Llehllity'• Should wiz+ o!'tl,e sbova dcseribed paliaii:i be Cancelled or s>tarrgpd before the ezpirption ditty uteaeof, t5n issning company will mail tbiny (30) days -Athan nota► to the eettif=tc holder umad be%-. CfiRTIRICATB H0LOCR: Calx Moaager ClWafltouttd Rode 221 R Main 5WM ROMW Rock, Texu 78664 Cert of Iniac CORA e',7[tlMXT 'A" SIGNATIUBE 0F kUTHOILIZOM RESpNTATtYS T Barbara Fri Service Associate gavip" IWX062 01/27/2004 TUE 14:52 [TX/RX NO 77191 Q 003