R-04-02-26-8E2 - 2/26/2004RESOLUTION NO. R -.04-02-26-8E2
WHEREAS, the City of Round Rock desires to retain engineering
services for the 2003-2004 Wastewater Collection System Inspection 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 Inspection 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 26th day of February, 2004.
NYLE,,P _- LL, Mayor
City of Round Rock, Texas
A T:,
CHRISTINE R. MARTINEZ, City Sec tary
a2•F•,«:�xr o); QUM",N0R1'Dox/0 /wnox/2s,01.1171/r4C22,E2.wPn/_;7
ROUND ROCK, TEXAS
PURPM e MMM raosPMTX
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM RJN GROUP, INC.
ADDRESS: 12160 Abrams Rd., Suite 400, Dallas, TX 75243
PROJECT: WASTEWATER COLLECTION SYSTEM INSPECTION
PROJECT (BASINS EW01-Z, OC28-Z, AND CC37-Z)
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
File Name: wastewater inspection-01-04-rjn; 62828
EXHIBIT
9 "All
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.
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(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 one hundred fortv-four thousand seven hundred thirty dollars ($ 144,730.00_)
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 Mthaneaa,round-rock.tx.us
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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:
Hugh Kelso, P.E.
Engineer
12160 Abrams Rd., Suite 400
Dallas, TX 75243
Telephone Number (972) 437-4300
Fax Number (972) 437-2707
Email Address hkelso(a-),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.
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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.
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.
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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.
E
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.
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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:
Hugh Kelso, 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.
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(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:
Nyle Maxwell, Mayor
ATTEST:
By:
Christine Martinez, City Secretary
RJN GROUP, INC.
By: M /44,,
Signatur of Principal
Printed Name: a a k M C Is
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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
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EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF ROUND ROCK
2003-2004 Wastewater Collection System Inspection Project
Basins EW01-Z, OC28-Z, and CC37-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, which Owner will
require to be included in the project.
3. Place at the Engineer's disposal all available information including previous reports and
any other data relative to the project.
4. Arrange for access to and make provisionst for Engineer and their Subconsultants to enter
upon public and private property as required for Engineer to perform the services under
this contract.
5. Examine all studies, reports, sketches, drawings specifications, proposals and other
documents presented by the Engineer, and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of the Engineer.
6. Furnish approvals and permits for all governmental authorities having jurisdiction over
the Project and such approvals and consent from others as may be necessary for
completion of the project. Pay all fees associated with approvals and permits.
7. Give prompt notice to the Engineer whenever Owner observes or otherwise becomes
aware of any development that affects the scope or timing of Engineer's services.
8. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during
the project.
9. Secure easements (using documents prepared by Engineer) as required for construction of
the project.
EXHIBIT B
Services to be Performed by Engineer
2003-2004 Wastewater Collection System Inspection Project
Basins EW01-Z, OC28-Z, and CC37-Z
PART 1. — SANITARY SEWER EVALUATION SURVEY
PHASE I — INVESTIGATION SERVICES
I. Proiect Administration and Management:
A. Proiect Administration:
Mobilize project team and prepare equipment for field testing.
Meet with CITY staff on a periodic basis, to update previous investigative work, to
coordinate upcoming work, and to receive any input from staff. Meetings will be held at
significant project milestones with written documentation of each meeting provided. A
total of three (3) meetings are anticipated.
Perform general consultation with appointed CITY representative on an as -needed basis.
Provide general overview opportunities for CITY personnel for observing regularly
scheduled field inspection and testing activities.
Administer subcontracts for services to include closed-circuit television inspection.
Perform ENGINEER's internal project control procedures on a monthly basis including
schedule and budget control, quality control review, and monthly progress reports.
B. Data Management/Mapping:
1. All forms used in the field will be scanned and the scanned information will be
verified through quality control measures.
2. Provide all information collected during the field inspection in electronic format
(ACCESS Database formatted for ArcView) and hard copy format. All photographs
taken during the field activities will be tied to the field data using the access structure
number or line segment designation. Quality control will be performed on all data
collected.
3. Make correction to the map as differences are found during scheduled field survey
activities. Provide the corrections to the CITY in both electronic format and hard copy
format. The same format will be used as used in the previous studies.
4. The final digital file will be plotted at a legible scale, and the color plot and an
electronic copy of the digital file will be provided to the CITY in the same format used
previously.
2
C. Public Relations:
1. ENGINEER will prepare and deliver notices necessary for the performance of smoke
testing. Every reasonable effort will be made to distribute notices two (2) days prior
to smoke testing, however, the CITY will allow the ENGINEER to distribute notices
up to a minimum of one day in advance of smoke testing.
2. ENGINEER may distribute notices up to a maximum of seven (7) days prior to smoke
testing. If conditions do not allow smoke testing to be performed during this period,
ENGINEER will redistribute notices. If redistribution of smoke notices is required,
testing may be performed within one (1) day of noticing.
3. The Fire Department and Public Works Department will be notified daily of smoke
test locations. The Engineer will also assist the City by providing articles to be printed
in local newspapers to inform the public of testing activities.
II. Field Survey Reconnaissance:
A. Manhole/Visual Pipe Inspection:
A comprehensive below ground inspection of manholes and above ground
inspections of cleanouts will be performed at designated manholes in Basins OC28-
Z, EWO1-Z, and CC37-Z. All subsurface components from the frame seal, walls,
cleanout risers, and inverts are inspected. The rim to invert dimension for all
connecting lines in manholes will be recorded.
2. The ENGINEER shall notify the CITY of any inaccessible or not located manholes.
The ENGINEER shall commit a minimum of 15 minutes to searching for
manholes in order for the manhole inspection to be counted for payment. Once the
CITY has located or provided access to these manholes within 60 days of
notification, the ENGINEER will complete all necessary inspections at no
additional cost to the CITY.
3. The ENGINEER shall perform inspection at manholes and cleanouts and record
data on ENGINEER's forms and input into the database for analysis (306 structures
are estimated).
B. Rainfall Simulation:
Rainfall simulation activities will be performed in Basins OC28-Z, EWO1-Z, and CC37-Z
only during this study.
This task will specifically identify sections of sewer lines and sources where excessive
infiltration and inflow may be expected to occur during wet -weather periods including
locations of stormwater transfer into the sanitary sewer system. Work will include smoke
testing and, if approved by CITY, dyed water flooding using comprehensive testing
techniques developed by ENGINEER for such studies.
A dual blower intensified smoke technique will be utilized to test sewer lines in the
selected basins. This enhanced method uses two smoke blowers for each test segment
instead of the conventional technique of one blower, and partial plugging of the segment.
The objective is to identify connections from typical sources such as catch basins, roof
leaders, yard drains, area drains, and detectable main line and lateral defects. Smoke
testing will be performed only during dry periods to maximize the effectiveness of the
smoke testing program.
If approved by City, inflow sources will also be identified by means of dyed water
flooding of storm sewer sections, stream sections, ditch sections, and ponding areas that
may be contributing to inflow. The test areas will be based on results of the ENGINEER's
smoke testing program. Positive dye tests are quantified for leakage rate. Field test data
are input to the computerized data management system and analyzed. A water meter and
water for dyed water flooding will be provided by CITY at no charge to ENGINEER.
Specific tasks to be included are the following_
• Perform dual blower smoke testing with partial plugging on adjacent manholes,
secure photographs of defects, and record results on computerized data form.
A total of 96,125 linear feet is anticipated in Basins OC28-Z, EWO1-Z, and CC37-Z
• Perform computerize analysis of smoke testing data and select dyed water flooding
locations and estimate quantity.
• Prepare dyed water testing justification report and submit to City for approval.
• Perform dyed water flooding at selected locations and record data on computerized
data forms and perform computerized analysis of data. (10 locations are anticipated.)
C. Interim Report/Cleanin2 and Internal Television (TV) Inspection:
Perform analysis of field investigations for TV inspection recommendations. Prepare
a letter report summarizing the justification and location of sewers to be TV
inspected with concurrent dyed water flooding. Submit and discuss the report with
the CITY.
2. Perform cleaning and internal TV inspection of selected sewer lines and record
findings. Sanitary sewer lines will be lightly cleaned in order to view the condition
of the pipe. Light cleaning is defined as up to three passes in each sewer segment
selected for television inspection. During cleaning operations, all sludge, debris, etc.
shall be removed from the sewer and disposed of properly. Concurrent dyed water
flooding will be performed with TV inspection to verify locations of inflow defects.
(2,500 linear feet is anticipated.)
4
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for I/I source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included in
the report.
A. Data Analysis:
1. Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements including, but not
limited to:
a. Main Replacement
b. Point Repair
C. Inversion Lining
d. Expansion Lining
e. Manhole Rehabilitation
f. Manhole Replacement
g. Public Sector Building Lateral Repair
2. Perform analysis for an infiltration and inflow rehabilitation plan based on data
collected during field investigations. Also included will be any private sector
rehabilitation identified during the smoke testing activities. The rehabilitation plan
will include a list of defects, preliminary repair method, estimated rehabilitation cost,
and estimated M reduction. Final engineering design is not included.
3. Prepare and submit three (3) copies of a draft report, which includes results of the field
investigations, findings, cost estimates, and recommended plan to reduce UI. The draft
report will be presented and discussed with CITY staff. After comments are received,
a final report will be prepared and submitted to the CITY. ENGINEER will provide
five (5) copies of the final report.
IV. Proiect Deliverables:
The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form
and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of
Work, all information pertaining to the investigation and final analysis of the project. Computer
data shall be formatted to be compatible with MS Windows software products coordinated with
the CITY prior to delivery. Mapping information will be provided to the CITY in the same
format (ArcView) as provided to the ENGINEER at project initiation.
All documentation and reports shall be delivered as outlined above and herein to be accessed
with MS Windows, Word, Excel, and Access (Specific versions will be coordinated with CITY
prior to delivery.). Graphical/Mapping computer data shall be compatible with the format
developed during the Phase I Study by RJN.
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for I/I source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included in
the report.
A. Data Analysis:
1. Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements including, but not
limited to:
a.
Main Replacement
b.
Point Repair
C.
Inversion Lining
d.
Expansion Lining
e.
Manhole Rehabilitation
f.
Manhole Replacement
g. Public Sector Building Lateral Repair
2. Perform analysis for an infiltration and inflow rehabilitation plan based on data
collected during field investigations. Also included will be any private sector
rehabilitation identified during the smoke testing activities. The rehabilitation plan
will include a list of defects, preliminary repair method, estimated rehabilitation cost,
and estimated UI reduction. Final engineering design is not included.
3. Prepare and submit three (3) copies of a draft report, which includes results of the field
investigations, findings, cost estimates, and recommended plan to reduce Id. The draft
report will be presented and discussed with CITY staff. After comments are received,
a final report will be prepared and submitted to the CITY. ENGINEER will provide
five (5) copies of the final report.
IV. Proiect Deliverables:
The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form
and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of
Work, all information pertaining to the investigation and final analysis of the project. Computer
data shall be formatted to be compatible with MS Windows software products coordinated with
the CITY prior to delivery. Mapping information will be provided to the CITY in the same
format (ArcView) as provided to the ENGINEER at project initiation.
All documentation and reports shall be delivered as outlined above and herein to be accessed
with MS Windows, Word, Excel, and Access (Specific versions will be coordinated with CITY
prior to delivery.). Graphical/Mapping computer data shall be compatible with the format
developed during the Phase I Study by RJN.
5
PHASE 2 — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM -
(Edwards Aquifer Program)
The scope of services consists of reviewing and evaluating the condition of the pipes for the sewer
line cleaning and television inspection program performed by the City of Round Rock. The program
is being performed to meet the requirements of the TCEQ's rules concerning the Edwards Aquifer
and sanitary sewer systems. This part includes the cleaning, television inspection, and report of
findings of all public sector, 6 -inch diameter and larger sewer lines located in Basins OC28-Z,
EWOI-Z, and CC37-Z. (approximately 96,125 If).
I. Proiect Administration
Provide a management program for Assisting the City to perform the program and reviewing
the TV tapes provided by the City for all line segments 6 -inch diameter and larger.
II. Tape Review, Recommendations, Report
1. Review information (logs, tapes, CDs) provided by City to verify the project is complete.
2. Review TV inspection logs and tapes provided by the City. Input the TV inspection data
into CASS for quantification of defects.
3. Prepare recommendations for repair of identified defects to comply with TCEQ regulations
concerning the Edwards Aquifer and submit five (5) copies to the City of Round Rock.
PART 2. — REHABILITATION DESIGN
This scope includes the final design, bidding assistance, and construction administration assistance
for rehabilitation of the wastewater collection system in Basins OC28-Z, EW01-Z, and CC37-Z. The
estimated schedule of repairs includes manhole rehabilitation, point repairs, sewer replacement, and
public sector building lateral repair.
I. Engineering Design, Bidding Assistance and Construction Engineering Assistance
A. Basic Services
1. Project Administration and Management
a. Perform project initiation activities.
b. Perform general administration and project management including meetings with
City staff as necessary.
c. Procure subcontractors for such work as topographic surveying and easement
document preparation.
on
d. 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.
2. Preliminary Plan Sheets
a. Coordinate with utility companies to have existing utilities located both on the
ground and on the design sheets.
b. Perform as -built and right-of-way research for each site.
c. Review the data base provided by the surveyor to ensure standards are met and
perform any clean-up that may be required.
d. 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.
e. Submit preliminary design plans to the City for review. Meet with the City to
review the preliminary submittal.
3. Final Plans, Specifications, and Estimates
a. Prepare final design plans based on the review of the City and discussions with
the Engineer.
b. Review selective computer output reports from the Manhole Inspection Program
to determine I/I sources to be rehabilitated.
c. Evaluate site specific manhole repair alternatives including cover type, grade
adjustments, sealing techniques, manhole interior repairs, and/or manhole
replacement.
d. 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.
e. Prepare ENGINEER's Opinion of Probable Construction Cost.
f. Submit three (3) copies of the draft specifications to the City for review.
g. Perform final changes to the specifications based on City review.
h. Submit three (3) hard copies and an electronic copy (MicroStation) of the final
contract documents to the City.
7
B. Special Services
1. 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.
a. 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.
b. Provide and distribute bidding documents and addendum. Non -refunded bid
deposits shall remain the property of the ENGINEER for administrative, printing,
and handling cost.
c. 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.
d. 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.
e. 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.
f. 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.
g. Review shop drawings, scheduling, test results, and other submittals that the
Contractor is required to submit.
h. 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.
i. Review and prepare any change orders proposed by the Contractor and provide
recommendations to the City.
j. 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.
C. Additional Services
1. Conduct horizontal and vertical control survey necessary for design of the project.
2. Provide the City with the technical information for location of the easements, if
any, required for construction of the project. Information will include width and
general location of the easements, and distances from the property lines. Property
line information shall be obtained from existing maps provided by the City to the
ENGINEER. After approval by the City, the ENGINEER will prepare and issue
legal description of easements. The City will secure easements as necessary.
Seven easements are included.
3. Communicate with Texas Commission on Environmental Quality (TCEQ) in
accordance with the Edwards Aquifer Rules to include preparing a clarification
request exempting the City of Round Rock from preparing a recharge/ transition
zone plan and permit for wastewater collection system rehabilitation construction.
Any fees required by the TCEQ will be the responsibility of the City. If determined
by the TCEQ that a plan and permit are required, the ENGINEER and any special
services, such as geotechnical, required to complete the plan and permit will be
compensated at the rate schedule attached and at a negotiated fee for special
services.
4. Design the wastewater collections system improvements to meet the requirements
found in 30 TAC Chapter 317, "Design Criteria for Sewerage Systems" and the
requirements set forth in the Edwards Aquifer Rule (RG -349) Section 3.3.1.2.1.
5. Prepare 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.
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Exhibit D
Fee Schedule
2003-2004 Wastewater Collection System Inspection Project
Basins EW01-Z, OC28-Z, and CC37-Z
Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows:
Compensation for Basic Services provided under Exhibit B: "Services to be Performed by
Engineer" shall be in accordance with the methods in this attachment and the specific amounts as
set forth herein.
Compensation for the Basic Engineering Services shall be on the basis of a combination of unit
costs and lump sum costs.
A. Budgetary Amount
A budgetary amount for the Basic Services set forth in Exhibit B: "Services to be Performed by
Engineer" is hereby estimated below. It is also understood that the cost budgets are based upon
ENGINEER's best estimate of work and level of effort required for the proposed scope of
services. As the project progresses, it is possible that the level of effort and/or scope may differ
up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the
full amount shown below. If at any time during the project it appears that the cost may be
exceeded, the ENGINEER will notify the CITY as soon as possible in writing.
11
Determination
Total — Phase 2
TOTAL — PART 1
PART 2 —REHABILITATION DESIGN
Design Services T&M 250,000
TOTAL — PART 2
TOTAL
(not -to -exceed
allowance)!'
23,825
144,730
250,000
250.000
394,730
1 / Because the nature and extent of design and construction services are not known at this
time, an allowance for these services is included in the Contract. The allowance will
allow the Consultant to begin work in order to maintain the schedule necessary to meet
the TC&Q completion schedule. It is understood by the City of Round Rock and
Consultant that after completion of the field investigation the full extent of design
services and construction services will be known. At that time the Consultant shall
estimate the total construction cost to establish the final compensation to the Consultant
for design and construction services.
12
UNIT
TOTAL
COST
ESTIMATED
COST
TASK DESCRIPTION
UNIT
($)
QUANTITIES
($)
PART 1 - SSES
Phase 1 — Investi ag tion
Services
Mobilization and Project
LS
12,465
1
12,465
Administration
Data Management/Mapping
5,630
1
5,630
Public Relations
LS
4,152
1
4,152
Manhole/Visual Pipe Inspection
EA
85.65
306
26,208
Smoke Testing
LF
0.375
96,125
36,047
Dyed Water Flooding
EA
358.73
10
3,587
Cleaning/TV/Dye
LF
3.15
2,500
7,875
Final Data Analysis
LS
14,040
1
14,040
Draft and Final Report
LS
10,900
1
10,900
Total — Phase 1
120,905
Phase 2 — TV Inspection
Review
Project Administration
LS
5,125
1
5,125
Tape Review/ Repair
LS
18,700
1
18,700
Determination
Total — Phase 2
TOTAL — PART 1
PART 2 —REHABILITATION DESIGN
Design Services T&M 250,000
TOTAL — PART 2
TOTAL
(not -to -exceed
allowance)!'
23,825
144,730
250,000
250.000
394,730
1 / Because the nature and extent of design and construction services are not known at this
time, an allowance for these services is included in the Contract. The allowance will
allow the Consultant to begin work in order to maintain the schedule necessary to meet
the TC&Q completion schedule. It is understood by the City of Round Rock and
Consultant that after completion of the field investigation the full extent of design
services and construction services will be known. At that time the Consultant shall
estimate the total construction cost to establish the final compensation to the Consultant
for design and construction services.
12
EXHIBIT D-1
HOURLY RATE SCHEDULE
ITEM DESCRIPTION
1. Project Director
2. Project Manager
3. Registered Professional Engineer
4. Graduate Engineer (ie. E.I.T.)
5. Field Manager
6. Field Supervisor
7. Field Technician
8. CADD Design Technician
9. Clerical, Word Processor, Office Technician
10. Reimbursement for direct non -labor expense and subcontract
expense at invoice cost plus twenty percent (20%) service charge
13
RATE
120-150
105-125
85-95
65-85
70-85
45-55
30-40
55-65
40-50
EXHIBIT E
Certificates of Insurance
CRRTIFICATE OF UA'BILrrY INSURANCE
PROFESSIONA SFRVICPS
PRODUCER
Mask and Parker, Inc.
55 E. Jackson Blvd.
Chicago, SL 60604
Mwoupi im.
288 W. Front -Streets
wheatson, IL 60187
COWAM AFFORDING COMAGB
A C;ra wick Insurance 00vvy
B
C.
u
TFiII3 IS TO CERTIFY THAT the bsund nlaasad above is insured 6y the Companies OJtcd Ave with rmea t
the business opga lm hcreiaaftec described, for the types of i=anee SAd in ao =daneo with the pxovirdaus a
the standard policies used by to c=qm m and AMher hereinait dasan'be& Exc*doas to the policies are note
below.
Co TYPE OF INSURANCE roucy EBBEC't" 16lCpMATION UMTS
LTR NWIlEt DATE IDATZ
PROF>C JUNAL 0ARiYxrlc $I 000, 000 Each Cl aim
p1000p9841 DZ 5-01-03 EiTQI^4�+ 42,0991000 Aggregate
DasrstltrrtONOFsrMALMlvlwa =0NS Prvjoetl Wastewater C011Wtion $YBt= latspoctiM and
Rahabi litation Project (Basiqu EMI, =8 and CC37)
Should soy of the above desCrW poked be wnmllod cc rhu pd bakm the csp'waf= date t amr, ft lam Q*mvmY wlll =il shirt
(30) days wdtte0 W&A to the catif cue holder amdhelwv.
C,EX TIFXGATS HOLDF.IZ
City ofltduw lxk
221 L Main Street
Road RgCk, Tau 98464
arias csuisfto Mardnw City Secrotary
Rev'd 2/r6lD3 • PoofasiaW Liiapuy Cmift%dw
MMAiLTXLE OF AVI'FIOR=D F.EPRE-5MMATIV
Barbar tz
T{de, Saxwicn AFs4ciste
01/20/2004 TUE 12:29 (TX/RX NO 76031 U003
CERTIFICATE OF LIABILITY INSURANCE
pRODUCM
Mack and Parker, Inc.
53 E. Jackson Blvd.
Chicago, IL 60604
Dec.. i-16^�4 '
COWPJM AUoOM COWS OB
A, Transcontitmtal 1=r"" Ca.
a Valley Forge
C Continental Casualty CMWW
��onstp, Inc.
200 W. ftQnt Street D TraDsportatign lnsur8=4 Co.
Wheaton, TL 60187
THIS IS TO CERTIFY THAT the B=od namd abava to lunsd by ftCompaWes; listed about with respect to tht
busiaeca operations batioai'ter dtscrlW, far the types of iasmce and in waor•cissasm with the provisions of the
standard policies used by the c*mpakea, wA fuatber MMn4er deacn'bad. ExMttons to the policits are Wad
below.
CO ME OP INSURANCE "x;t Y EF13ZC7M ax MATTON
LTR NC NCM DATE DATE
ct taeRAL 0 >t.n'sr apt 1220009000
A TCP1077863575 8-1-03 8-1-04 M0VU rT&4Mb" A= s 1,000,000
Pl 1t, t ADV. WMRY Si 000;000
LUMOCCUARM4M $1,000 100,000
10,400
�uxot,�oai ABi
cob== SMLSUMrr s1,0009000
8 BU9077563644 6.1-0 8-1-04 DWUu Y MMtY 0'w palm) s
C SM077863658 8-1-03 81-04 eoArix tAUtiRY GSW syvv{dsnq s
PROPERTY DAMACM f
EX= UA IUTY 13,000, 000
D c 077863689 8-1-0.3 8-1-(4 A AS 13)000:000
woLMS' 0MPMAZON $
AND W KA1'M, L"U" 500 � 000
D WC1077863661 8-1-03 M-04 atssASE-FOUa UMrt s500 000
t)t�ASB-SAQ)1 Q BOP60
••_�RORICa�storut' L.UsII.ITY
WA
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DATE: February 20, 2004
SUBJECT: City Council Meeting - February 26, 2004
ITEM: 8.E.2. Consider a resolution authorizing the Mayor to execute a Contract
for Engineering Services with RJN Group, Inc. for the Wastewater
Collection System Inspection Project.
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 system, thereby reducing the City's treatment
cost to the LCRA and BRA, who own and operate the Brushy Creek
Regional Wastewater Treatment Plant, and reduce the possibility of
leaks from the system impacting the Edwards Aquifer.
Funding:
Cost: $144,730
Source of funds: WW Utility Fund (F260)
Outside Resources: RJN Group, Inc.
Background Information: This contract is to provide television inspection analysis
and reports on the City of Round Rock wastewater
collection system in three Edwards Aquifer basins
(EW01-Z, OC28-Z, and CC37-Z). The wastewater lines
in these basins were televised by the City of Round's I&I
Department. RJN will review the televised tapes and
then provide recommendation for future repairs of the
collection system. Repairs will be recommended for
areas with structural damage and defects such as
offsets, open joints, or cracked or crushed lines that
would allow infiltration or leakage to occur.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
ROUND ROCK, °TEXAS
PsjRPM MSSIONTIRosPFRrrr,
CITY OF ROUND ROCK
CONTRACT FOR ENGINEERING SERVICES
FIRM RJN GROUP INC. .(`Engineer")
ADDRESS: 12160 Abrams Rd., Suite 400, Dallas, TX 75243
PROJECT: WASTEWATER COLLECTION SYSTEM INSPECTION
PROJECT (BASINS EW0l-Z, OC28-Z, AND CC37-Z)
THE STATE OF TEXAS §
COUNTY OF WILLIAMSON §
THIS CONTRACT FOR ENGINEERING SERVICES ("Contract") is made and entered into on
this the & day of F68449P4 , 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 inspection-01-04-dn; 62828 00062288
R-04 Oa -a 4P -,? 6z 1
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 one hundred forty-four thousand seven hundred thirty dollars ($ 144,730.00_)
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(i4ound-rock.tx.us
rd
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:
Hugh Kelso, P.E.
Engineer
12160 Abrams Rd., Suite 400
Dallas, TX 75243
Telephone Number (972) 437-4300
Fax Number (972) 437-2707
Email Address hkelsona,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.
5
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.
Ce
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.
11
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.
I
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:
Hugh Kelso, 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. 1e -04 -0x -?10-8E2., approved by the City Council on the aIV day of the month
of e R2 , 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.
CIT
IN
ATT ES
By:
9� '
Christine Martinez, City Secretary
RJN GROUP, INC.
By: m lU4,
Signatur of Princi al
Printed Name: � M 16F IS
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 Inspection Project
Basins EW01-Z, OC28-Z, and CC37-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, which Owner will
require to be included in the project.
3. Place at the Engineer's disposal all available information including previous reports and
any other data relative to the project.
4. Arrange for access to and make provisions for Engineer and their Subconsultants to enter
upon public and private property as required for Engineer to perform the services under
this contract.
5. Examine all studies, reports, sketches, drawings specifications, proposals and other
documents presented by the Engineer, and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of the Engineer.
6. Furnish approvals and permits for all governmental authorities having jurisdiction over
the Project and such approvals and consent from others as may be necessary for
completion of the project. Pay all fees associated with approvals and permits.
7. Give prompt notice to the Engineer whenever Owner observes or otherwise becomes
aware of any development that affects the scope or timing of Engineer's services.
8. Provide water to the Engineer and Engineer's Subcontractors at no cost, for use during
the project.
9. Secure easements (using documents prepared by Engineer) as required for construction of
the project.
EXHIBIT B
Services to be Performed by Engineer
2003-2004 Wastewater Collection System Inspection Project
Basins EW01-Z, OC28-Z, and CC37-Z
PART 1. — SANITARY SEWER EVALUATION SURVEY
PHASE I — INVESTIGATION SERVICES
I. Proiect Administration and Management:
A. Proiect Administration:
Mobilize project team and prepare equipment for field testing.
Meet with CITY staff on a periodic basis, to update previous investigative work, to
coordinate upcoming work, and to receive any input from staff. Meetings will be held at
significant project milestones with written documentation of each meeting provided. A
total of three (3) meetings are anticipated.
Perform general consultation with appointed CITY representative on an as -needed basis.
Provide general overview opportunities for CITY personnel for observing regularly
scheduled field inspection and testing activities.
Administer subcontracts for services to include closed-circuit television inspection.
Perform ENGINEER's internal project control procedures on a monthly basis including
schedule and budget control, quality control review, and monthly progress reports.
B. Data Mannement/Mappin2:
1. All forms used in the field will be scanned and the scanned information will be
verified through quality control measures.
2. Provide all information collected during the field inspection in electronic format
(ACCESS Database formatted for ArcView) and hard copy format. All photographs
taken during the field activities will be tied to the field data using the access structure
number or line segment designation. Quality control will be performed on all data
collected.
Make correction to the map as differences are found during scheduled field survey
activities. Provide the corrections to the CITY in both electronic format and hard copy
format. The same format will be used as used in the previous studies.
4. The final digital file will be plotted at a legible scale, and the color plot and an
electronic copy of the digital file will be provided to the CITY in the same format used
previously.
OA
C. Public Relations:
1. ENGINEER will prepare and deliver notices necessary for the performance of smoke
testing. Every reasonable effort will be made to distribute notices two (2) days prior
to smoke testing, however, the CITY will allow the ENGINEER to distribute notices
up to a minimum of one day in advance of smoke testing.
2. ENGINEER may distribute notices up to a maximum of seven (7) days prior to smoke
testing. If conditions do not allow smoke testing to be performed during this period,
ENGINEER will redistribute notices. If redistribution of smoke notices is required,
testing may be performed within one (1) day of noticing.
3. The Fire Department and Public Works Department will be notified daily of smoke
test locations. The Engineer will also assist the City by providing articles to be printed
in local newspapers to inform the public of testing activities.
II. Field Survey Reconnaissance:
A. ManholeNisual Pipe Inspection:
A comprehensive below ground inspection of manholes and above ground
inspections of cleanouts will be performed at designated manholes in Basins OC28-
Z, EWO1-Z, and CC37-Z. All subsurface components from the frame seal, walls,
cleanout risers, and inverts are inspected. The rim to invert dimension for all
connecting lines in manholes will be recorded.
2. The ENGINEER shall notify the CITY of any inaccessible or not located manholes.
The ENGINEER shall commit a minimum of 15 minutes to searching for
manholes in order for the manhole inspection to be counted for payment. Once the
CITY has located or provided access to these manholes within 60 days of
notification, the ENGINEER will complete all necessary inspections at no
additional cost to the CITY.
The ENGINEER shall perform inspection at manholes and cleanouts and record
data on ENGINEER's forms and input into the database for analysis (306 structures
are estimated).
B. Rainfall Simulation:
Rainfall simulation activities will be performed in Basins OC28-Z, EWO1-Z, and CC37-Z
only during this study.
This task will specifically identify sections of sewer lines and sources where excessive
infiltration and inflow may be expected to occur during wet -weather periods including
locations of stormwater transfer into the sanitary sewer system. Work will include smoke
testing and, if approved by CITY, dyed water flooding using comprehensive testing
techniques developed by ENGINEER for such studies.
3
A dual blower intensified smoke technique will be utilized to test sewer lines in the
selected basins. This enhanced method uses two smoke blowers for each test segment
instead of the conventional technique of one blower, and partial plugging of the segment.
The objective is to identify connections from typical sources such as catch basins, roof
leaders, yard drains, area drains, and detectable main line and lateral defects. Smoke
testing will be performed only during dry periods to maximize the effectiveness of the
smoke testing program.
If approved by City, inflow sources will also be identified by means of dyed water
flooding of storm sewer sections, stream sections, ditch sections, and ponding areas that
may be contributing to inflow. The test areas will be based on results of the ENGINEER's
smoke testing program. Positive dye tests are quantified for leakage rate. Field test data
are input to the computerized data management system and analyzed. A water meter and
water for dyed water flooding will be provided by CITY at no charge to ENGINEER.
Specific tasks to be included are the following:
• Perform dual blower smoke testing with partial plugging on adjacent manholes,
secure photographs of defects, and record results on computerized data form.
A total of 96,125 linear feet is anticipated in Basins OC28-Z, EWO1-Z, and CC37-Z
• Perform computerize analysis of smoke testing data and select dyed water flooding
locations and estimate quantity.
• Prepare dyed water testing justification report and submit to City for approval.
• Perform dyed water flooding at selected locations and record data on computerized
data forms and perform computerized analysis of data. (10 locations are anticipated.)
C. Interim Report/Cleanin2 and Internal Television (TV) Inspection:
1. Perform analysis of field investigations for TV inspection recommendations. Prepare
a letter report summarizing the justification and location of sewers to be TV
inspected with concurrent dyed water flooding. Submit and discuss the report with
the CITY.
2. Perform cleaning and internal TV inspection of selected sewer lines and record
findings. Sanitary sewer lines will be lightly cleaned in order to view the condition
of the pipe. Light cleaning is defined as up to three passes in each sewer segment
selected for television inspection. During cleaning operations, all sludge, debris, etc.
shall be removed from the sewer and disposed of properly. Concurrent dyed water
flooding will be performed with TV inspection to verify locations of inflow defects.
(2,500 linear feet is anticipated.)
4
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for I/I source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included in
the report.
A. Data Analysis:
1. Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements including, but not
limited to:
a. Main Replacement
b. Point Repair
C. Inversion Lining
d. Expansion Lining
e. Manhole Rehabilitation
f. Manhole Replacement
g. Public Sector Building Lateral Repair
2. Perform analysis for an infiltration and inflow rehabilitation plan based on data
collected during field investigations. Also included will be any private sector
rehabilitation identified during the smoke testing activities. The rehabilitation plan
will include a list of defects, preliminary repair method, estimated rehabilitation cost,
and estimated I/I reduction. Final engineering design is not included.
3. Prepare and submit three (3) copies of a draft report, which includes results of the field
investigations, findings, cost estimates, and recommended plan to reduce I/I. The draft
report will be presented and discussed with CITY staff. After comments are received,
a final report will be prepared and submitted to the CITY. ENGINEER will provide
five (5) copies of the final report.
IV. Project Deliverables:
The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form
and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of
Work, all information pertaining to the investigation and final analysis of the project. Computer
data shall be formatted to be compatible with MS Windows software products coordinated with
the CITY prior to delivery. Mapping information will be provided to the CITY in the same
format (ArcView) as provided to the ENGINEER at project initiation.
All documentation and reports shall be delivered as outlined above and herein to be accessed
with MS Windows, Word, Excel, and Access (Specific versions will be coordinated with CITY
prior to delivery.). Graphical/Mapping computer data shall be compatible with the format
developed during the Phase I Study by RJN.
5
III. Analysis and Report:
This part of the project includes performing an engineering analysis of field survey data and
developing recommendations for I/I source repairs. A description of field investigations,
engineering analysis, and recommended action to repair the sewer system will be included in
the report.
A. Data Analysis:
1. Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements including, but not
limited to:
a. Main Replacement
b. Point Repair
C. Inversion Lining
d. Expansion Lining
e. Manhole Rehabilitation
f. Manhole Replacement
g. Public Sector Building Lateral Repair
2. Perform analysis for an infiltration and inflow rehabilitation plan based on data
collected during field investigations. Also included will be any private sector
rehabilitation identified during the smoke testing activities. The rehabilitation plan
will include a list of defects, preliminary repair method, estimated rehabilitation cost,
and estimated I/I reduction. Final engineering design is not included.
3. Prepare and submit three (3) copies of a draft report, which includes results of the field
investigations, findings, cost estimates, and recommended plan to reduce UI. The draft
report will be presented and discussed with CITY staff. After comments are received,
a final report will be prepared and submitted to the CITY. ENGINEER will provide
five (5) copies of the final report.
IV. Proiect Deliverables:
The ENGINEER shall compile all findings, reports and field cataloging into a hard copy form
and computer form. The ENGINEER shall deliver to the CITY, as outlined in the Scope of
Work, all information pertaining to the investigation and final analysis of the project. Computer
data shall be formatted to be compatible with MS Windows software products coordinated with
the CITY prior to delivery. Mapping information will be provided to the CITY in the same
format (ArcView) as provided to the ENGINEER at project initiation.
All documentation and reports shall be delivered as outlined above and herein to be accessed
with MS Windows, Word, Excel, and Access (Specific versions will be coordinated with CITY
prior to delivery.). Graphical/Mapping computer data shall be compatible with the format
developed during the Phase I Study by RJN.
5
PHASE 2 — SANITARY SEWER LINE CLEANING AND TV INSPECTION PROGRAM -
(Edwards Aquifer Program)
The scope of services consists of reviewing and evaluating the condition of the pipes for the sewer
line cleaning and television inspection program performed by the City of Round Rock. The program
is being performed to meet the requirements of the TCEQ's rules concerning the Edwards Aquifer
and sanitary sewer systems. This part includes the cleaning, television inspection, and report of
findings of all public sector, 6 -inch diameter and larger sewer lines located in Basins OC28-Z,
EWO1-Z, and CC37-Z. (approximately 96,125 If).
I. Proiect Administration
Provide a management program for Assisting the City to perform the program and reviewing
the TV tapes provided by the City for all line segments 6 -inch diameter and larger.
II. Tape Review, Recommendations, Report
1. Review information (logs, tapes, CDs) provided by City to verify the project is complete.
2. Review TV inspection logs and tapes provided by the City. Input the TV inspection data
into CASS for quantification of defects.
3. Prepare recommendations for repair of identified defects to comply with TCEQ regulations
concerning the Edwards Aquifer and submit five (5) copies to the City of Round Rock.
PART 2. — REHABILITATION DESIGN
This scope includes the final design, bidding assistance, and construction administration assistance
for rehabilitation of the wastewater collection system in Basins OC28-Z, EWO1-Z, and CC37-Z. The
estimated schedule of repairs includes manhole rehabilitation, point repairs, sewer replacement, and
public sector building lateral repair.
I. Engineering Design, Bidding Assistance and Construction Engineering Assistance
A. Basic Services
1. Project Administration and Management
a. Perform project initiation activities.
b. Perform general administration and project management including meetings with
City staff as necessary.
c. Procure subcontractors for such work as topographic surveying and easement
document preparation.
r
d. 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.
2. Preliminary Plan Sheets
a. Coordinate with utility companies to have existing utilities located both on the
ground and on the design sheets.
b. Perform as -built and right-of-way research for each site.
c. Review the data base provided by the surveyor to ensure standards are met and
perform any clean-up that may be required.
d. 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.
e. Submit preliminary design plans to the City for review. Meet with the City to
review the preliminary submittal.
3. Final Plans, Specifications, and Estimates
a. Prepare final design plans based on the review of the City and discussions with
the Engineer.
b. Review selective computer output reports from the Manhole Inspection Program
to determine I/I sources to be rehabilitated.
c. Evaluate site specific manhole repair alternatives including cover type, grade
adjustments, sealing techniques, manhole interior repairs, and/or manhole
replacement.
d. 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.
e. Prepare ENGINEER's Opinion of Probable Construction Cost.
f. Submit three (3) copies of the draft specifications to the City for review.
g. Perform final changes to the specifications based on City review.
h. Submit three (3) hard copies and an electronic copy (MicroStation) of the final
contract documents to the City.
7
B. Special Services
1. 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.
a. 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.
b. Provide and distribute bidding documents and addendum. Non -refunded bid
deposits shall remain the property of the ENGINEER for administrative, printing,
and handling cost.
c. 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.
d. 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.
e. 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.
f. 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.
g. Review shop drawings, scheduling, test results, and other submittals that the
Contractor is required to submit.
h. 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.
i. Review and prepare any change orders proposed by the Contractor and provide
recommendations to the City.
j. 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.
0
C. Additional Services
1. Conduct horizontal and vertical control survey necessary for design of the project.
2. Provide the City with the technical information for location of the easements, if
any, required for construction of the project. Information will include width and
general location of the easements, and distances from the property lines. Property
line information shall be obtained from existing maps provided by the City to the
ENGINEER. After approval by the City, the ENGINEER will prepare and issue
legal description of easements. The City will secure easements as necessary.
Seven easements are included.
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.
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Exhibit D
Fee Schedule
2003-2004 Wastewater Collection System Inspection Project
Basins EW01-Z, OC28-Z, and CC37-Z
Compensation to the ENGINEER for "Basic Engineering Services" shall be made as follows:
Compensation for Basic Services provided under Exhibit B: "Services to be Performed by
Engineer" shall be in accordance with the methods in this attachment and the specific amounts as
set forth herein.
Compensation for the Basic Engineering Services shall be on the basis of a combination of unit
costs and lump sum costs.
A. Budgetary Amount
A budgetary amount for the Basic Services set forth in Exhibit B: "Services to be Performed by
Engineer" is hereby estimated below. It is also understood that the cost budgets are based upon
ENGINEER's best estimate of work and level of effort required for the proposed scope of
services. As the project progresses, it is possible that the level of effort and/or scope may differ
up or down from that assumed. If there are no scope changes, the ENGINEER shall receive the
full amount shown below. If at any time during the project it appears that the cost may be
exceeded, the ENGINEER will notify the CITY as soon as possible in writing.
11
UNIT TOTAL
COST ESTIMATED COST
TASK DESCRIPTION UNIT ($) QUANTITIES ($)
PART 1 - SSES
Phase 1 — Investi ag tion
Services
Mobilization and Project LS 12,465 1 12,465
Administration
Data Management/Mapping
Public Relations
Manhole/Visual Pipe Inspection
Smoke Testing
Dyed Water Flooding
Cleaning/TV/Dye
Final Data Analysis
Draft and Final Report
Total — Phase 1
Phase 2 — TV Inspection
R Pvi Pw
Project Administration
Tape Review/ Repair
Determination
Total — Phase 2
LS
EA
LF
EA
LF
LS
LS
LS
LS
5,630
4,152
85.65
0.375
358.73
3.15
14,040
10,900
5,125
18,700
TOTAL — PART 1
PART 2 —REHABILITATION DESIGN
Design Services T&M 250,000
TOTAL — PART 2
TOTAL
1
1
306
96,125
10
2,500
1
1
1
1
(not -to -exceed
allowance)"
5,630
4,152
26,208
36,047
3,587
7,875
14,040
10.900
120,905
5,125
18.700
23,825
144,730
250,000
250.000
394,730
1/ Because the nature and extent of design and construction services are not known at this
time, an allowance for these services is included in the Contract. The allowance will
allow the Consultant to begin work in order to maintain the schedule necessary to meet
the TC&Q completion schedule. It is understood by the City of Round Rock and
Consultant that after completion of the field investigation the full extent of design
services and construction services will be known. At that time the Consultant shall
estimate the total construction cost to establish the final compensation to the Consultant
for design and construction services.
12
EXHIBIT D-1
HOURLY RATE SCHEDULE
ITEM
DESCRIPTION
RATE
1.
Project Director
120-150
2.
Project Manager
105-125
3.
Registered Professional Engineer
85-95
4.
Graduate Engineer (ie. E.I.T.)
65-85
5.
Field Manager
70-85
6.
Field Supervisor
45-55
7.
Field Technician
30-40
8.
CADD Design Technician
55-65
9.
Clerical, Word Processor, Office Technician
40-50
10. Reimbursement for direct non -labor expense and subcontract
expense at invoice cost plus twenty percent (20%) service charge
13
EXHIBIT E
Certificates of Insurance
CERTIFICATE OF LIABILITY I.NSURANCL
pROFESSIONA SUMPS '
mor)UCER :
Mack and Parker, Inc.
55 E. Jackson Blvd.
Chicago, IL 6060 ►
N oup; Inc.
200 W. Front Street
Wheatont IL 60187
fW111 '.7RUUf L11%,
1-1604
COWAN= AFFORDING COVEPAGB
A orcewich Insurance Company
B
C.
D
F- m1ar- UU1 U0
Tms IS TO CERTIFY THAT the 11uled U=od above is insured by the Cempauies Bated +abova with respect t
the business operadom haeinaftt r dc=ib4 for the tYPes of iriselrauce and in accordance wilh t'he PrOvW01% 0
the stuldard policies used by the coMtaaies, and Auther h6r6inAft de=bvL EXC' tiotls to the politics are nate
below.
Co TYPX of INSURANCE mucY E8F ICM ExvWATl0m M.�Ml7c8
LTR Nt914t8E1t DATE pAZZ
plw ssioNu. u�r t rY I $1, 000, 000 Each C1a3m
p=OM41DZ 8-01.-03 fY00 000 Aggregate
arid
DESCRIPTION OF SPECIAL 19�lAIgx,QSMONS plpJ19Ct.t Wa,4Le�ater Cp3ltacL�.AII Syebom 7slapactian
Rehabilitation Project (Sasiu =It =8 ad CC37)
ghould aaY of the above descnbed golic bt: carrot llt:d or changed beforetoe capitation date tba "r- tats W'n aozz�psay wll] mail ti�irc
(30) days written potiaa to the mdfwue holder v mad below.
CEP-TIFIC.ATE FOLDER:
City of ItOUX4 RAAk
221 L Wo Sm d
Round AadTees 98464
attar CLrilttrr bfv' inas� QtY StMOU9
ttev�Q 41ft7 3 • prowcul USBITity cWto aUm
9I0NAr= OF AUTHORMD PEPRESINTATIv
sd Name: Barbar t z
710al Saxvf�s A Spciste_
01/20/2004 TUE 12:29 [TX/RX NO 76031 1a003
��. �, a� �.vvn vo: in n.7nbt1"L4154
CERTIFICATE OF UABIUTYINSURANCE
PRODUCER
Mack and Pat:lcar, Inc.
55 L. Jackson Blvd.
Chicago, IL 60604
RJN GROUP rNC PAGE 06/06
Date,_ 1-16-04 .
COWAM ,AUORDBQ COVrSRAOD
A Transcontinental lnsur=111 Ca.
u Valley Forge
Continental Casualty coif
��onitp, •Inc.
200 V. Front Street D Transportation lttsttranca Co.
Wheaton, M 60187
THIS IS TO CERTIFY THAT she Im"cd namd ab6v4 is it And by toes Companies listed above witb re Rea to zht
business operations baciosari
after debad, for the types of insurance Ind is ecaard>tustG with Lha provisions of the
stwdard policies used by ft oo files► and fttber haMn4e r delimba . Exct ptions to the policids era t�otnd
below.
CO TYPR OP INSURANCE PoL1+CY gF8E v" R7i MATiON 'Y 8
LTR NC7NMR PATE RATE
0ENR At, tt t v a1Nwa+ S 2, 000, 000
A TCP1077863575 8-1-03 8-1-04 ' nwuCT5-C0MP%0PA= s1,0002000
rMSONAL r AIV. INJURY S110001000 s
EACH OCCURMCB S11000:000
100, 000
Flits DAMAGE (Any mb ft) S 1,0, 000
Mme. rix aw a (Any oat t )s
�,uTouoa AI C°�- 1,0000000
B BUM077563644 0-1-0 8-1.-04 BODILY tWURY 0'e,' I-uw) $
C '8C)Ai077863658 8-1-03 RP -1-A& eoMix ttaua.Y 00 wavidinq $
PROPERTY puU►IAGE $
MCM UABIUW EACH OCCURRE= s 31000, 400
D aM077863689 5-1-03 8-1-04 AGGRiLiATE 33,000,000
oRxERs' OMPbZ2SA7ION a-f—A RY Urris
AND L•MK0Y=' I.1AWUTY EACH ACCIDENT $ 500P000
D WC1077863661 8-1-03 $-1-04 PUAst:. PoucY LIMIT $500 �0A0A0
AtdflAilZ; - SAQ}I itM7tAYASE DOO t 66
PROFWI AL MWILITY
WA
D LC VON OF PERATIONVFXFC BCIALci�MS/>;XCEPTtotts Project: Wastewater Colleatian
System Inspection and Rdubilitation Project (SauirA Z*1v OC28 and CC37)
ns Cily of Round ROCU y Waned u aadlcipnaI inuucd wuh r SPP to al) P0),1 a oltsapt `Wotltecs' Cott pansa on and ,lpioy«9' Liwbillty'
ind 'Profassiaut Liability'. Shovid any of Qst aDovt dacdbod poWlaR bt aan=UW orchon¢ed bofiim the ealphWion date thol'SA du WWII$
��ny wiu m,f1 thirty pQ) dayil wtitLelt poz<N to the txrtiticau holder eamo0 brlow� .
CERMCATE HOLDBRt city l w
City ot'RAM41Roalt
2218. WO Sw e
Raund ROak, Texas 7894
CeRutmtut cauc Bih'L�I� ~�-
SIGNA'3 ZJ OF Aty'rFIC+ Zpp A PP-MENTAM I
T N'b=al 1YUZ
Typed Namsi
Thio Service Associate,
01/20/2004 TUE 12:29 [TX/RX NO 76031 Z 004