HomeMy WebLinkAbout245-24 RESOLUTIONFile Number: 2024-528
113 West Mountain Street
Fayetteville , AR 72701
(479) 575-8323
Resolution: 245-24
RJN GROUP, INC. (SERVICE AGREEMENT):
A RESOLUTION TO APPROVE A PROFESSIONAL ENGIN EE RING SERVICES AGREEMENT WITH RJN
GROUP, INC., PURSUANT TO RFQ #24-01 SELECTION #3, IN AN AMOUNT NOT TO EXCEED $267,380.00
FOR WATERLINE CONDITION ASSESSMENT PRE-PLANNING SERVICES, AND TO APPROVE A BUDGET
ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to s ign a
professional engineering se rvices agreement with RJN Group , In c., purs uant to RFQ #24 -01 Selection #9, in in an
a mount not to exceed $267 ,380.00 for Waterline Condition Assessment Pre-pl a nnin g serv ice s.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of
which is attached to this Re so lution .
PASSED and APPROVED on October I , 2024
Attest:
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-528
MEETING OF OCTOBER 1, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
FROM: Tim Nyander, Utilities Director
SUBJECT: RJN Group, Inc. - Waterline Condition Assessment Pre-Planning
RECOMMENDATION:
Staff recommends award of RFQ 24-01, Selection 9 for an Engineering Services Agreement with RJN Group,
Inc. in the amount of $267,380.00 for Waterline Condition Assessment Pre-planning services, and approval of
a budget adjustment.
BACKGROUND:
In August of 2022, after two large breaks on the City’s 36-inch water transmission main, a contract amendment
with McClelland Engineers was approved to expedite the construction of a new 48-inch diameter west
transmission water main. There were three reasons articulated by City staff to justify expediting this large
transmission main: poor condition of portions of the 36-inch existing main, growing demands outpacing master
plan projections, and the inability to assess or repair portions of the 36-inch line due to these demands. Since
this time, the 48-inch waterline project has progressed rapidly towards construction, with the first onsite work
anticipated September 2024 and project completion mid-2026.
DISCUSSION:
Now that the 48-inch west transmission water line is funded and being implemented, it is time for the City to
perform critical condition assessment of the 36-inch waterline. Furthermore, condition assessment of all the
waterlines 24-inch and larger should be considered at this time, as this task has never been performed in
Fayetteville to-date. The risk of any infrastructure failing is comprised of two factors: Likelihood of Failure, and
the Consequence of Failure. Our larger waterlines consist of approximately 47-miles of waterline 24-inch
diameter and larger. The “consequence” of failure on these lines would be tremendous water loss, damage to
property, loss of service, boil orders, etc. Emergency repair of these larger lines is very difficult, slow, and
costly. The “likelihood” of failure is unknown on these assets and this engineering contract aims to gather data
to inform this metric.
The industry best-practice is to perform condition assessments on critical infrastructure so that proactive
repairs or replacements can be budgeted and accomplished ahead of catastrophic breaks. Instead of
immediately engaging a pipeline scanning technology provider, a preliminary study phase is prudent. The
proposed contract with RJN Group would assist the City with determining feasibility, best appropriate
technology, and cost estimates for assessing the condition of 47-miles of critical waterlines in our system.
Industry-wide, these condition assessment technologies have resulted in pinpointing needed
repairs/replacements versus traditional full-replacement alternatives. A more surgical approach to pipeline
repair and reconditioning will allow rate payer dollars to stretch further, getting the most life possible out of our
pipelines. Some of the key scope items in this contract are:
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
• Review of all available pipeline records, leak histories, and existing conditions/constraints.
• Evaluation of technology alternatives based on pipe size, material, age, location, etc.
• Feasibility recommendations for pipeline access, tapping, dewatering, and all associated site-civil related
costs.
• Soil corrosivity investigations along pipe alignments.
• Prioritizations, recommendations, and cost estimates for most critical next steps.
At the completion of this preliminary study the City would be equipped to engage the appropriate technology
provider to perform the most effective assessments of our most critical waterline assets with reduced
unknowns. The proposed engineering contract is hourly, not-to-exceed $267,380.00. Staff recommends
approval of this engineering contract.
BUDGET/STAFF IMPACT:
Available budgeted funds will be moved from the Water Tank Improvements Project to the Water System
Rehabilitation/Replacement to fund this engineering services agreement.
ATTACHMENTS: SRF RJN Group (#3), 2024-528 BA RJN Waterline Condition Assessment (#4), Agreement
(#5)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-528
RJN Group, Inc. - Waterline Condition Assessment Pre-Planning
A RESOLUTION TO APPROVE A PROFESSIONAL ENGINEERING SERVICES AGREEMENT
WITH RJN GROUP, INC., PURSUANT TO RFQ #24-01 SELECTION #3, IN AN AMOUNT NOT
TO EXCEED $267,380.00 FOR WATERLINE CONDITION ASSESSMENT PRE-PLANNING
SERVICES, AND TO APPROVE A BUDGET ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan
to sign a professional engineering services agreement with RJN Group, Inc., pursuant to RFQ #24-01
Selection #9, in in an amount not to exceed $267,380.00 for Waterline Condition Assessment Pre-
planning services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment, a copy of which is attached to this Resolution.
City of Fayetteville Staff Review Form
2024-528
Item ID
10/1/2024
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Tim Nyander 9/12/2024 WATER SEWER (720)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an Engineering Services Agreement with RJN Group, Inc. in the amount of
$267,380.00 for Waterline Condition Assessment Pre-planning services and approval of a budget adjustment.
Budget Impact:
5400.720.5600-5314.00 Water and Sewer
Account Number Fund
12009.1 Water System Rehabilitation/Replacement
Project Number Project Title
Budgeted Item?Yes Total Amended Budget $14,233,263.00
Expenses (Actual+Encum)$13,960,603.95
Available Budget $272,659.05
Does item have a direct cost?Yes Item Cost $267,380.00
Is a Budget Adjustment attached?Yes Budget Adjustment $267,380.00
$189.00 Remaining Budget $272,659.05
V20221130
Purchase Order Number:Previous Ordinance or Resolution #
Change Order Number:Approval Date:
Original Contract Number:
Comments:
City of Fayetteville, Arkansas - Budget Adjustment (Agenda)
Budget Year Division
/Org2 WATER SEWER (720)
Adjustment Number
2024 Requestor:Cheryl Partain
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION:
A budget adjustment is needed in the Water System Rehabilitation and Replacement project to cover the cost for the
Waterline Condition Assessment Pre-Planning by RJN Group, Inc. This contract with RJN would assist the City with
determining feasibility, best appropriate technology, and cost estimates for assessing the condition of 47-miles of critical
waterlines in the system. Available budgeted funds are being transferred from the Water Tank Improvements project to
cover the cost of this assessment.
COUNCIL DATE:10/1/2024
ITEM ID#:2024-528
Holly Black
9/12/2024 2:15 PM
Budget Division Date
TYPE:D - (City Council)
JOURNAL #:
GLDATE:
RESOLUTION/ORDINANCE CHKD/POSTED:/
v.2024826TOTAL--
Increase / (Decrease)Project.Sub#
Account Number Expense Revenue Project Sub.Detl AT Account NameGLACCOUNTEXPENSEREVENUEPROJECTSUBATDESCRIPTION X
5400.720.5600-5314.00 267,380 -12009 1 EX Professional Services
5400.720.5600-5808.00 (267,380)-14010 1 EX Improvements - Water Line
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
AND
RJN GROUP , INC.
THIS AGREEMENT is made as of October I , 2024, by and between City of
Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE)
and ENGINEER (hereinafter called ENGINEER).
CITY OF FAYETTEVILLE from time to time requires professional engineering services in connection
with the evaluation, design , and/or construction supervision of capital improvement projects. Therefore,
CITY OF FAYETTEVILLE and ENGINEER in consideration of their mutual covenants agree as follows:
ENGINEER shall serve as CITY OF FA YETTEVILLE 's professional engineering consultant in those
assignments to which this Agreement applies and shall give consultation and advice to CITY OF
FAYETTEVILLE during the performance of ENGINEER's services. All services shall be performed
under the direction of a professional engineer registered in the State of Arkansas and qualified in the
particular field.
SECTION 1-AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agreement of ENGINEER.
1.2 Assignments may include services described hereafter as Basic Services or as Additional Services
of ENGINEER.
1.3 Changes, modifications or amendments in scope, price or fees to thi s contract shall not be
allowed without a formal contract amendment approved by the Mayor and the City Council in
advance of the change in scope, costs , fees , or delivery schedule.
SECTION 2 -BASIC SERVICES OF ENGINEER
2.1 Perform professional services in connection with the Project as hereinafter stated.
2.1. 1 The Scope of Services to be furnished by ENGINEER during the Project is included m
Appendix A attached hereto and made part of this Agreement.
2.2 ENGINEER shall coordinate their activities and services with the CITY OF FAYETTEVILLE.
ENGINEER and CITY OF FAYETTEVILLE agree that ENGINEER has full responsibility for
the engineering services.
SECTION 3 -RESPONSIBILITIES OF CITY OF FAYETTEVILLE
3. I CITY OF FA YETTEVJLLE shall, within a reasonable time, so as not to delay the services of
ENGINEER.
3.1.1 Provide full information as to CITY OF FA YETTEVILLE 's requirements for the Project.
Pa ge 1 of to
Page 2 of 10
3.1.2 Assist ENGINEER by placing at ENGINEER’s disposal all available information pertinent to
the assignment including previous reports and any other data relative thereto.
3.1.3 Assist ENGINEER in obtaining access to property reasonably necessary for ENGINEER to
perform its services under this Agreement.
3.1.4 Examine all studies, reports, sketches, cost opinions, proposals, and other documents
presented by ENGINEER and render in writing decisions pertaining thereto.
3.1.5 The Utilities Director is the CITY OF FAYETTEVILLE’s project representative with respect
to the services to be performed under this Agreement. The Utilities Director shall have
complete authority to transmit instructions, receive information, interpret and define CITY
OF FAYETTEVILLE’s policies and decisions with respect to materials, equipment, elements
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
3.1.6 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to ENGINEER in a timely manner.
SECTION 4 - PERIOD OF SERVICE
4.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
4.2 The provisions of this Agreement have been agreed to in anticipation of the orderly progress of
the Project through completion of the services stated in the Agreement. ENGINEER will proceed
with providing the authorized services immediately upon receipt of written authorization from
CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services
authorized and the time in which the services are to be completed. The anticipated schedule for
this project is included as Appendix A.
SECTION 5 - PAYMENTS TO ENGINEER
5.1 The maximum not-to-exceed amount authorized for this Agreement is $_267,380.00________.
The CITY OF FAYETTEVILLE shall compensate ENGINEER based on a Unit Price or Lump
Sum basis as described in Appendix A.
5.2 Statements
5.2.1 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
professional services consistent with ENGINEER’s normal billing schedule. Once
established, the billing schedule shall be maintained throughout the duration of the Project.
Applications for payment shall be made in accordance with a format to be developed by
ENGINEER and approved by CITY OF FAYETTEVILLE. Applications for payment shall
be accompanied each month by the updated project schedule as the basis for determining the
value earned as the work is accomplished. Final payment for professional services shall be
made upon CITY OF FAYETTEVILLE’s approval and acceptance with the satisfactory
completion of the study and report for the Project.
Page 3 of 10
5.3 Payments
5.3.1 All statements are payable upon receipt and due within thirty (30) days. If a portion of
ENGINEER’s statement is disputed by CITY OF FAYETTEVILLE, the undisputed portion
shall be paid by CITY OF FAYETTEVILLE by the due date. CITY OF FAYETTEVILLE
shall advise ENGINEER in writing of the basis for any disputed portion of any statement.
CITY OF FAYETTEVILLE will make reasonable effort to pay invoices within 30 days of
date the invoice is approved, however, payment within 30 days is not guaranteed.
5.4 Final Payment
5.4.1 Upon satisfactory completion of the work performed under this Agreement, as a condition
before final payment under this Agreement, or as a termination settlement under this
Agreement, ENGINEER shall execute and deliver to CITY OF FAYETTEVILLE a release of
all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement,
except claims which are specifically exempted by ENGINEER to be set forth therein. Unless
otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the
parties to this Agreement, final payment under this Agreement or settlement upon termination
of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE’s claims
against ENGINEER or his sureties under this Agreement or applicable performance and
payment bonds, if any.
SECTION 6 - GENERAL CONSIDERATIONS
6.1 Insurance
6.1.1 During the course of performance of these services, ENGINEER will maintain (in United
States Dollars) the following minimum insurance coverages:
Type of Coverage Limits of Liability
Workers’ Compensation Statutory
Employers’ Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Automobile Liability:
Bodily Injury and $1,000,000 Combined Single Limit
Property Damage
Professional Liability Insurance $1,000,000 Each Claim
ENGINEER will provide to CITY OF FAYETTEVILLE certificates as evidence of the
specified insurance within ten days of the date of this Agreement and upon each renewal of
coverage.
6.1.2 CITY OF FAYETTEVILLE and ENGINEER waive all rights against each other and their
officers, directors, agents, or employees for damage covered by property insurance during
and after the completion of ENGINEER’s services.
Page 4 of 10
6.2 Professional Responsibility
6.2.1 ENGINEER will exercise reasonable skill, care, and diligence in the performance of
ENGINEER’s services and will carry out its responsibilities in accordance with customarily
accepted professional engineering practices. CITY OF FAYETTEVILLE will promptly
report to ENGINEER any defects or suspected defects in ENGINEER’s services of which
CITY OF FAYETTEVILLE becomes aware, so that ENGINEER can take measures to
minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all
remedies to recover for its damages caused by any negligence of ENGINEER.
6.3 Cost Opinions and Projections
6.3.1 Cost opinions and projections prepared by ENGINEER relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and
operating results are based on ENGINEER’s experience, qualifications, and judgment as a
design professional. Since ENGINEER has no control over weather, cost and availability of
labor, material and equipment, labor productivity, construction Contractors’ procedures and
methods, unavoidable delays, construction Contractors’ methods of determining prices,
economic conditions, competitive bidding or market conditions, and other factors affecting
such cost opinions or projections, ENGINEER does not guarantee that actual rates, costs,
performance, schedules, and related items will not vary from cost opinions and projections
prepared by ENGINEER.
6.4 Changes
6.4.1 CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of
ENGINEER’s services, with an appropriate change in compensation and schedule only after
Fayetteville City Council approval of such proposed changes and, upon execution of a
mutually acceptable amendment or change order signed by the Mayor of the CITY OF
FAYETTEVILLE and the duly authorized officer of ENGINEER.
6.5 Termination
6.5.1 This Agreement may be terminated in whole or in part in writing by either party in the event
of substantial failure by the other party to fulfill its obligations under this Agreement through
no fault of the terminating party, provided that no termination may be effected unless the
other party is given:
6.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.1.2 An opportunity for consultation with the terminating party prior to termination.
6.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that ENGINEER is given:
6.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
6.5.2.2 An opportunity for consultation with the terminating party prior to termination.
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6.5.3 If termination for default is effected by CITY OF FAYETTEVILLE, an equitable adjustment
in the price provided for in this Agreement shall be made, but
6.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
6.5.3.2 Any payment due to ENGINEER at the time of termination may be adjusted to cover any
additional costs to CITY OF FAYETTEVILLE because of ENGINEER’s default.
6.5.4 If termination for default is effected by ENGINEER, or if termination for convenience is
effected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable
profit for services or other work performed. The equitable adjustment for any termination
shall provide for payment to ENGINEER for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs reasonably incurred by
ENGINEER relating to commitments which had become firm prior to the termination.
6.5.5 Upon receipt of a termination action under Paragraphs 6.5.1 or 6.5.2 above, ENGINEER
shall:
6.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
6.5.5.2 Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings,
specifications, reports, estimates, summaries and such other information and materials as
may have been accumulated by ENGINEER in performing this Agreement, whether
completed or in process.
6.5.6 Upon termination under Paragraphs 6.5.1 or 6.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
6.5.7 If, after termination for failure of ENGINEER to fulfill contractual obligations, it is
determined that ENGINEER had not failed to fulfill contractual obligations, the termination
shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such
event, adjustments of the agreement price shall be made as provided in Paragraph 6.5.4 of
this clause.
6.6 Delays
6.6.1 In the event the services of ENGINEER are suspended or delayed by CITY OF
FAYETTEVILLE or by other events beyond ENGINEER’s reasonable control, ENGINEER
shall be entitled to additional compensation and time for reasonable costs incurred by
ENGINEER in temporarily closing down or delaying the Project.
6.7 Rights and Benefits
6.7.1 ENGINEER’s services will be performed solely for the benefit of CITY OF
FAYETTEVILLE and not for the benefit of any other persons or entities.
6.8 Dispute Resolution
6.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and ENGINEER which arise from, or in any way are
Page 6 of 10
related to, this Agreement, including, but not limited to the interpretation of this Agreement,
the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or
ENGINEER in the performance of this Agreement, and disputes concerning payment.
6.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 6.8.3, but an action is initiated prior to exhaustion
of these procedures, such action shall be stayed, upon application by either party to a court of
proper jurisdiction, until the procedures in Paragraphs 6.8.3 and 6.8.4 have been complied
with.
6.8.3 Notice of Dispute
6.8.3.1 For disputes arising prior to the making of final payment promptly after the occurrence of
any incident, action, or failure to act upon which a claim is based, the party seeking relief
shall serve the other party with a written Notice.
6.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give ENGINEER written Notice at the address listed in
Paragraph 6.14 within thirty (30) days after occurrence of any incident, accident, or first
observance of defect or damage. In both instances, the Notice shall specify the nature
and amount of relief sought, the reason relief should be granted, and the appropriate
portions of this Agreement that authorize the relief requested.
6.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and ENGINEER shall confer in an effort to resolve the dispute. If the
dispute cannot be resolved at that level, then, upon written request of either side, the matter
shall be referred to the President of ENGINEER and the Mayor of CITY OF
FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other
location as is agreed upon within 30 days of the written request to resolve the dispute.
6.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to ENGINEER for services rendered by ENGINEER.
6.10 Publications
6.10.1 Recognizing the importance of professional development on the part of ENGINEER’s
employees and the importance of ENGINEER’s public relations, ENGINEER may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining
to ENGINEER’s services for the Project. Such publications will be provided to CITY OF
FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF
FAYETTEVILLE shall review such drafts promptly and provide CITY OF
FAYETTEVILLE’s comments to ENGINEER CITY OF FAYETTEVILLE may require
deletion of proprietary data or confidential information from such publications, but otherwise
CITY OF FAYETTEVILLE will not unreasonably withhold approval. The cost of
ENGINEER’s activities pertaining to any such publication shall be for ENGINEER’s
account.
6.11 Indemnification
6.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE and ENGINEER from and
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against any and all loss where loss is caused or incurred or alleged to be caused or incurred in
whole or in part as a result of the negligence or other actionable fault of the Contractors, or
their employees, agents, Subcontractors, and Suppliers.
6.12 Ownership of Documents
6.12.1 All documents provided by CITY OF FAYETTEVILLE including original drawings, CAD
drawings, estimates, field notes, and project data are and remain the property of CITY OF
FAYETTEVILLE. ENGINEER may retain reproduced copies of drawings and copies of
other documents.
6.12.2 Engineering documents, computer models, drawings, specifications and other hard copy or
electronic media prepared by ENGINEER as part of the Services shall become the property
of CITY OF FAYETTEVILLE when ENGINEER has been compensated for all Services
rendered, provided, however, that ENGINEER shall have the unrestricted right to their use.
ENGINEER shall, however, retain its rights in its standard drawings details, specifications,
databases, computer software, and other proprietary property. Rights to intellectual property
developed, utilized, or modified in the performance of the Services shall remain the property
of ENGINEER.
6.12.3 Any files delivered in electronic medium may not work on systems and software different
than those with which they were originally produced. ENGINEER makes no warranty as to
the compatibility of these files with any other system or software. Because of the potential
degradation of electronic medium over time, in the event of a conflict between the sealed
original drawings/hard copies and the electronic files, the sealed drawings/hard copies will
govern.
6.13 Notices
6.13.1 Any Notice required under this Agreement will be in writing, addressed to the appropriate
party at the following addresses:
CITY OF FAYETTEVILLE’s address:
113 West Mountain Street
Fayetteville, Arkansas 72701
ENGINEER’s address:
14755 Preston Rd, Ste 710
Dallas, TX 75254
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6.14 Successor and Assigns
6.14.1 CITY OF FAYETTEVILLE and ENGINEER each binds himself and his successors,
executors, administrators, and assigns to the other party of this Agreement and to the
successors, executors, administrators, and assigns of such other party, in respect to all
covenants of this Agreement; except as above, neither CITY OF FAYETTEVILLE nor
ENGINEER shall assign, sublet, or transfer his interest in the Agreement without the written
consent of the other.
6.15 Controlling Law
6.15.1 This Agreement shall be subject to, interpreted and enforced according to the laws of the
State of Arkansas without regard to any conflicts of law provisions.
6.16 Entire Agreement
6.16.1 This Agreement represents the entire Agreement between ENGINEER and CITY OF
FAYETTEVILLE relative to the Scope of Services herein. Since terms contained in
purchase orders do not generally apply to professional services, in the event CITY OF
FAYETTEVILLE issues to ENGINEER a purchase order, no preprinted terms thereon shall
become a part of this Agreement. Said purchase order document, whether or not signed by
ENGINEER, shall be considered as a document for CITY OF FAYETTEVILLE’s internal
management of its operations.
SECTION 7 - SPECIAL CONDITIONS
7.1 Additional Responsibilities of ENGINEER
7.1.1 CITY OF FAYETTEVILLE’s review, approval, or acceptance of design drawings,
specifications, reports and other services furnished hereunder shall not in any way relieve
ENGINEER of responsibility for the technical adequacy of the work. Neither CITY OF
FAYETTEVILLE’s review, approval or acceptance of, nor payment for any of the services
shall be construed as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement.
7.1.2 ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by ENGINEER’s negligent performance of
any of the services furnished under this Agreement except for errors, omissions or other
deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF
FAYETTEVILLE-furnished data.
7.1.3 ENGINEER’s obligations under this clause are in addition to ENGINEER’s other express or
implied assurances under this Agreement or State law and in no way diminish any other
rights that CITY OF FAYETTEVILLE may have against ENGINEER for faulty materials,
equipment, or work.
7.2 Remedies
7.2.1 Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes
and other matters in question between CITY OF FAYETTEVILLE and ENGINEER arising
Page 9 of 10
out of or relating to this Agreement or the breach thereof will be decided in a court of
competent jurisdiction within Arkansas.
7.3 Audit: Access to Records
7.3.1 ENGINEER shall maintain books, records, documents and other evidence directly pertinent
to performance on work under this Agreement in accordance with generally accepted
accounting principles and practices consistently applied in effect on the date of execution of
this Agreement. ENGINEER shall also maintain the financial information and data used by
ENGINEER in the preparation of support of the cost submission required for any negotiated
agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost
summary submitted. CITY OF FAYETTEVILLE, the State or any of their authorized
representatives shall have access to all such books, records, documents and other evidence for
the purpose of inspection, audit and copying during normal business hours. ENGINEER will
provide proper facilities for such access and inspection.
7.3.2 Records under Paragraph 7.3.1 above shall be maintained and made available during
performance on assisted work under this Agreement and until three years from the date of
final payment for the project. In addition, those records which relate to any controversy
arising out of such performance, or to costs or items to which an audit exception has been
taken, shall be maintained and made available until three years after the date of resolution of
such appeal, litigation, claim or exception.
7.3.3 This right of access clause (with respect to financial records) applies to:
7.3.3.1 Negotiated prime agreements:
7.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
7.3.3.3 Agreements or purchase orders under any agreement other than a formally advertised,
competitively awarded, fixed price agreement. However, this right of access does not
apply to a prime agreement, lower tier subagreement or purchase order awarded after
effective price competition, except:
7.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of ENGINEER;
7.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
7.3.3.3.3 If the subagreement is terminated for default or for convenience.
7.4 Covenant Against Contingent Fees
7.4.1 ENGINEER warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement of understanding for a commission,
percentage, brokerage or continent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by ENGINEER for the purpose of
securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall
have the right to annul this Agreement without liability or at its discretion, to deduct from the
contract price or consideration , or otherwise recover, the full amount of such commission ,
percentage, brokerage, or contingent fee.
7.5 Gratuities
7.5 .1 If CITY OF FAYETTEVILLE finds after a notice and hearing that ENGINEER or any of
ENGINEER's agents or representatives , offered or gave gratuities (in the form of
entertainment, gifts or otherwise) to any official , employee or agent of CITY OF
FAYETTEVILLE, in an attempt to secure an agreement or favorable treatment in awarding,
amending or making any determinations related to the performance of this Agreement, CITY
OF FAYETTEVILLE may, by written notice to ENGINEER terminate this Agreement. CITY
OF FAYETTEVILLE may also pursue other rights and remedies that the law or this
Agreement provides. However, the existence of the facts on which CITY OF
FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings
under the Remedies clause of this Agreement.
7.5.2 In the event this Agreement is terminated as provided in Paragraph 7.5.1 , CITY OF
FAYETTEVILLE may pursue the same remedies against ENGINEER as it could pursue in
the event of a breach of the Agreement by ENGINEER As a penalty, in addition to any other
damages to which it may be entitled by law , CITY OF FAYETTEVILLE may pursue
exemplary damages in an amount (as determined by CITY OF FAYETTEVILLE) which
shall be not less than three nor more than ten times the costs ENGINEER incurs in providing
any such gratuities to any such officer or employee.
7 .6 Arkansas Freedom of Information Act
7 .6.1 City contracts and documents, including internal documents and documents of subcontractors
and sub-consultants, prepared while performing City contractual work are subject to the
Arkansas Freedom of Information Act (FOIA). If a Freedom of Information Act request is
presented to the CITY OF FAYETTEVILLE, ENGINEE R will do everything possible to
provide the documents in a prompt and timely manner as pre scribed in the Arkansas Freedom
of Information Act (A .C.A. §25-19-101 et seq.). Only legally authorized photocopying costs
pursuant to the FOIA may be assessed for this compliance.
IN WITN E SS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through it s Mayor, and
ENGINEER, by its authorized officer have made and executed this Agreement as of the day and year first
above written.
ENGINEER
Page 10 oflO
ATTACHMENT A- SCOPE OF SERVICES
RJN will perform the following scope of services to plan, ascertain methods of inspection, determine the
level of effort, and develop costs estimates for assessing the condition of thirteen sections of critical
waterlines, totaling approximately 47.3 miles of pipes. Table 1 below provides details for each pipeline
section and a summary of the pipe materials.
Table 1 – Pipeline Section Details
Pipeline Section Size Material Length
(miles)
1 Beaver Water to Joyce 42" PCCP 9.890
2 Beaver Water to Joyce 36" DIP 9.670
3 Joyce & Crossover to Kessler 36" PCCP, DIP, Unknown 10.070
4 Joyce to Township 36" DIP 1.800
5 Township to Huntsville 24" DIP 3.100
6 Crossover to Old Wire 36" DIP 0.910
7 Old Wire (Gulley Park) to North Street 36" DIP 1.590
8 North Street to Huntsville 30" CIP, DIP, Unknown 1.946
9 Old Wire to Markham Hill 24" CIP, DIP, PVC, Unknown 4.513
10 Huntsville to Pump Station 24" DIP, Unknown 0.859
11 Pump Station Road to School Avenue 24" CIP, DIP 1.450
12 School to Custer 24" CIP, DIP 0.310
13 Custer to Markham 24" CIP, DIP, Unknown 1.226
Total 47.334
Pipe Material as a Percentage of Total Pipe Length
CIP ~9%
DIP ~55%
PCCP ~35%
PVC ~0%
Unknown ~1%
RJN will develop a strategy to perform condition assessment inspections to determine the structural
integrity of the selected critical waterlines. RJN proposes a multi-task approach starting with a “Health
Check” of the pipelines. The Health Check is a process that examines the details and parameters of the
pipeline to determine what type of assessment process and/or inspection technology is best suited for the
application. The proposed strategy is further described in the following tasks:
1. Pipeline Health Check
a. RJN will determine what condition assessment technologies are best suited for assessing
and evaluating the integrity of the pipelines. This will be accomplished by performing a
thorough review of the pipeline’s repair history, operating parameters, and existing
environment conditions.
b. Specific tasks of the Health Check will include:
i. Review of the pipeline’s as-built drawings.
ii. Review of the GIS information and attributes related to the selected pipelines
including age, material, design class, and manufacturer.
iii. Review of any map books associated with the pipelines.
iv. Review of historical and current pipeline operating conditions including:
1. Working average and maximum pressure ranges.
2. Minimum and maximum flow rates.
v. Review of leak and break history.
vi. Review of other maintenance history.
vii. Perform staff interviews.
viii. Determine inspection limitations (e.g. Can the pipeline be depressurized?).
ix. Identify potential insertion and extraction points along the pipelines for the
possible use of in-line inspection tools.
c. RJN will recommend the preferred options for assessing the condition of the pipelines. The
recommendations will detail the expected level effort and cost associated with each option,
as well as a summary of the data sets that each option will provide.
d. Although the use of in-line inspection tools is non-destructive in nature, their use poses
certain risks, such as the tool getting stuck in the pipeline, getting lost in the distribution
system, or obstructing the flow in the pipe. Although these risks are not likely to occur,
RJN will identify and develop contingency plans to mitigate the risk and deal with the
consequences.
e. Field Investigations.
i. RJN will conduct site visits to ascertain and confirm existing site condition, take
photographs, validate GIS data, verify survey information, and identify critical
areas and constraints. RJN will report any discrepancies in GIS or as-built data.
ii. RJN field crews will confirm the existence of any appurtenance along the pipelines
such as isolation valves, blow-off valves, air release valves, and fire hydrants.
iii. RJN assumes that City staff will be available during field
investigations/walkthroughs to provide background information on the existing
assets and known issues.
2. Technology Evaluations and Access Coordination
a. RJN will evaluate various technologies to determine the best technology for the condition
assessment. Multiple technologies will be considered depending on site conditions and
accessibility to the pipelines, as well as the cost and effort required to utilize them. The
value of the data sets obtained from each technology will be weighed against the overall
cost.
b. RJN will evaluate technologies that provide leak detection and/or condition assessment
(i.e. pipe integrity). These technologies may include, but not be limited to acoustic, internal
visual/CCTV, electromagnetic, ultrasonic, pulsed eddy current, and pulsed wave
technologies.
c. RJN will finalize suitable insertion and extraction points along the pipelines.
3. Determining Inspection Site Preparation and Restoration Needs
a. RJN will outline the work necessary and estimate the costs to prepare the pipeline for
inspection, including installation of appurtenances required for inserting and retrieving in-
line tools and sensors.
b. RJN will outline the work necessary and the expected cost to restore every insertion and
retrieval site to near original condition.
4. Perform a Desktop Analysis Prioritization
RJN will prioritize the selected pipelines for subsequent condition assessment inspections. The
prioritization will be based on a desktop analysis of existing data and interviews with City engineers
and operation staff.
a. RJN will meet with the appropriate City staff to review and collect pertinent information
and data, to include shapefiles with related attributes:
i. Potable water pipeline, including attributes such as size, age, material, nominal
pressure, etc.
ii. Sanitary and stormwater facilities such as pump stations and storage tanks.
iii. Geographical features such as waterways, contours, and forestry.
iv. Critical customers such as industries, hospitals, schools, and universities.
v. Streets, roadways, and railroad tracks.
vi. Other water utilities, namely sanitary and stormwater sewers.
vii. Gas and electric power utilities.
b. RJN will meet with City staff to collect repair and maintenance records for the selected
pipelines. The scope assumes that the City has a Computerized Maintenance Management
System (CMMS) containing these records electronically. RJN will request a download of
the records in the appropriate format.
c. RJN will perform a GIS geospatial analysis to determine the condition and criticality of
every pipeline segment. For condition, the analysis will consider age, material, and
maintenance and repair history. For criticality, the analysis will account for pipe size,
critical customers, proximity to water ways and other sensitive areas, proximity to major
roadways and railroad tracks, and proximity to commercial and business centers.
d. RJN will submit a Desktop Analysis Prioritization Report detailing the results of the
analysis and establishing the order, or sequence of pipeline inspections based on the risk
factor assigned to each pipeline.
5. Soil Corrosivity Testing
RJN will perform corrosivity soil testing along the pipeline. Corrosive soils can react with and corrode
pipe materials, such as concrete and ferrous metals. PCCP and metal pipes are affected by sulfates,
chlorides, and other adverse minerals in the soil.
a. RJN will develop a Soil Testing Protocol outlining the sampling intervals and locations
along the pipelines.
b. RJN will obtain the samples and deliver them to a soils lab for testing to determine the
extent of the soil corrosivity.
c. RJN will submit a report detailing the results of the soil corrosivity tests, and any pertinent
recommendations.
d. RJN will factor in the results of the soil corrosivity testing into the Desktop Analysis
Prioritization (Task 4 above).
e. RJN would bill this work on a Unit Price Basis, at $440.00 per sample. This amount would
cover subtasks a through d listed above. Until work begins on the project it is very difficult
to estimate the number of samples that should be obtained. Initially, it is estimated that
there will be 100 samples taken. As the project advances, RJN will refine this estimate,
and will communicate the revised recommended quantity to the City, in advance of taking
the samples.
ADDITIONAL TASKS NOT INCLUDED IN THE SCOPE
RJN proposes the following task for consideration, which is not included in the Scope of Services or the
price of the project.
Task 6. Pipelines Cathodic Protection Testing
RJN will identify, locate, and test the cathodic protection (CP) stations along the pipelines.
a. RJN will review as-built drawings and identify the location of CP stations along the
pipelines.
b. RJN will visit each CP station and test as follows:
i. Test the pipe-to-soil voltage potential by comparing it to a copper sulfate half-cell.
ii. Test the continuity of the pipe.
iii. Test the voltage output of the anode.
iv. Measure the current flow from the anode to the pipe.
c. RJN will submit a report detailing the CP stations, the result of the tests, and any pertinent
recommendations.
ATTACHMENT B- PROPOSED SCHEDULE
RJN is prepared to start work immediately upon receiving a Notice To Proceed from the City. RJN will
complete the work within six (6) months of the Notice To Proceed date.
ATTACHMENT C- PRICING
Pricing for the Water Line Condition Assessment Pre-Planning project is as follows:
Pricing Terms for Invoicing: Lump Sum, Percent Complete
Not-To-Exceed Total Cost: $267,380.00
COST SCHEDULE
Task Unit Price Units Fee
LUMP SUM ITEMS
Project Management and Administration Lump Sum 1 $24,054.00
Desktop Reconnaissance Lump Sum 1 $45,644.00
Field Reconnaissance Lump Sum 1 $51,179.00
Working Meetings Lump Sum 1 $25,268.00
Technology Eval’s, Access Coordination Lump Sum 1 $42,105.00
Determining Inspection Site Preparation
and Restoration Needs Lump Sum 1 $23,377.00
Desktop Analysis Prioritization Lump Sum 1 $11,753.00
LUMP SUM TOTAL: $223,380.00
UNIT PRICE ITEMS
Soil Corrosivity Testing (as needed) $440.00 100 $44,000.00
UNIT PRICE TOTAL: $44,000.00
TOTAL: $267,380.00
Proposal Option
This Proposal can be amended to include additional work upon joint approval by the City and RJN.
14755 Preston Road, Suite 710 | Dallas, Texas 75254-7898 | (972) 437-4300
www.rjn.com
August 12, 2024
Corey Granderson, P.E.
Utilities Engineer
City of Fayetteville
Water and Sewer Services
2435 S Industrial Drive
Fayetteville, AR 72701
SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES
WATER LINE CONDITION ASSESSMENT PRE-PLANNING
Dear Mr. Granderson:
RJN Group, Inc. is pleased to submit this proposal to the City of Fayetteville for Water Line Condition
Assessment Pre-planning Services.
RJN, established in 1975, is a professional engineering consulting firm focused on providing innovative
engineering solutions and field services. With more than 90% of our clients being municipalities and
public utilities, we are uniquely qualified for this project.
Key Project Goals and Objectives
The primary goal of this project is to lay the groundwork for a strategic, efficient program of
condition assessments of the City’s water mains that are 24-inch and larger.
RJN will perform services to plan, ascertain methods of inspection, determine the level of effort, and
develop cost estimates for assessing the condition of thirteen sections of critical waterlines, totaling
approximately 47.3 miles of pipes.
The project will include the following:
Desktop reconnaissance
Field reconnaissance
Working meetings
Technology evaluations, access coordination
Determining inspection site preparation and restoration needs
Desktop analysis prioritization
Soil Corrosivity Testing
Following the completion of this project, the City will utilize the info and recommendations from the
project to develop a corresponding program of water line assessments.
■■ Water Line Condition Assessment Pre-Planning, City of Fayetteville, AR | Page 2
PROJECT EXPERIENCE
In the past 49 years, RJN has assessed 288,000,000 feet of water pipeline across the country. This has
included tasks such as focused leak detection, maintenance inspections, pressure monitoring, risk
and resiliency planning, and building asset inventory and management programs.
ASSURING QUALITY AND SAFETY
Quality Assurance
RJN is committed to providing quality deliverables. The completion of these inspections is critical in
providing actionable results for the City. RJN has built data review processes that ensure that all data
is accurate. RJN’s internal Quality Control tools, as well as our corporate training and Quality
Assurance processes in place, will ensure that the project will provide value for the City.
Safety
As an employee-owned firm, RJN’s commitment to the safety of our employees, City staff, and the
public is paramount. RJN demonstrates that commitment to safety in our internally developed and
audited safety program where our goal is to have all field staff, engineers, and project managers
“RJN Safety Certified.” Every project follows RJN’s health and safety guidelines when completing any
field work.
PRICE AND SCHEDULE SUMMARY
This project will be invoiced on a unit price and lump sum, percent complete basis for a total not-to-
exceed fee of $267,380.00. RJN will complete the project within six (6) months of an Agreement and
Notice To Proceed. Complete Scope of Services, Pricing, Schedule, and Map are provided in the
following exhibits:
Exhibit A – Scope of Services
Exhibit B – Pricing
Exhibit C – Schedule
Exhibit D – Map
We are looking forward to the opportunity to work with the City on this important project. It is our
pleasure to submit this proposal to you. Please feel free to contact Stephen Jeffus at (214) 240-4412
if you would like to discuss this proposal or have any questions.
Sincerely,
Stephen Jeffus, P.E. Daniel Jackson, P.E.
Water Innovations Manager Senior Vice President
(214) 240-4412 (214) 529-6608