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HomeMy WebLinkAbout123-96 RESOLUTIONAGREEMENT CITY OF FAYETTEVILLE, ARKANSAS AND RJN GROUP, INC. THIS AGREEMENT made this at/ day of I.ece,nkr, 1996 by and between the City of Fayetteville, hereinafter called OWNER and RJN GROUP, INC., Dallas, Texas hereinafter called ENGINEER. WHEREAS, the ENGINEER has conducted a Sewer System Evaluation Survey for the White River and Illinois River Watersheds. NOW, therefore, the OWNER hereby engages the ENGINEER to provide the following professional services as set forth in this agreement. Services will be performed by the ENGINEER with McClelland Consulting Engineers, Inc. of Fayetteville, Arkansas as a subconsultant. Section I - Basic Services of ENGINEER The ENGINEER agrees to furnish and perform various professional engineering services related to improvements to the Sewer System in the White River and Illinois River Watersheds. Services include engineering design and resident engineering for sewer improvements to City sewers located in the White River and Illinois River Watersheds. The areas include Mini Systems 7A, 14, and 15, 13A, 13B, and 18B/C in the White River Watershed and Basins 9, 12, and 21 in the Illinois River Watershed. Extent of improvements are described in Exhibit A of this Agreement. The services for this Agreement are further described in Exhibit A attached and hereto made part of this Agreement. October 31, 1996 1 t 7 AGREEMENT (Cont.) Section II - Future Services for ENGINEER The ENGINEER is available to furnish and perform, under a separately negotiated agreement, future engineering services as desired and authorized by OWNER for additional planning work, design, construction, and testing with respect to extensions of this Project or others. Section III - OWNER's Responsibility Mr. Dave Jurgens, P.E., or other designee of the City of Fayetteville shall be the OWNER's Representative, and is authorized to act with authority on behalf of the OWNER with respect to all work tasks of the Project for which services are to be rendered by the ENGINEER. As responsible agent and beneficiary of the Project, the OWNER's responsibilities shall include the following• 1. Assist ENGINEER by placing at his disposal all available information pertinent to the Project including maps, records, and any other data relative to the ENGINEER's services. 2 Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services, except to the extent provided by the ENGINEER's Basic Services, data prepared by or services of others, including without limitations any previous plans for the sewer system, maps, and other special data or consultations not covered in ENGINEER's Basic Services; all of which ENGINEER may rely upon in performing his services. 3. Arrange for access to and make all provisions for ENGINEER to enter upon public property, public easements, private property as possible, as required for ENGINEER to perform his services. 4. Examine studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of any attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. October 31, 1996 2 , AGREEMENT (Cont.) 5. Provide such accounting, independent cost estimating, and insurance counseling services as may be necessary for the Project, such legal services as OWNER may require or ENGINEER may reasonable request with regard to legal issues pertaining to the Project. 6. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services. 7. Bear all costs of advertising the construction bid request. 8. Perform all negotiations related to obtaining easements, permits, and licensing agreements for the project. 9. Provide copies of all available as -built records for sewer lines in project area. 10. Bear all costs incident to compliance with the requirements of this Section III. Section IV - Schedule of Service The schedule of services is described in Exhibit B attached hereto. The work described shall be carried out as expeditiously as weather and other physical conditions permit. The ENGINEER shall not be liable to the OWNER, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the ENGINEER, and not caused by his own fault or negligence including acts of God, or the public enemy, inclement weather conditions, acts, regulations, or decisions of the Government or regulatory authorities after the effective date of this Agreement, fires, floods, epidemics, strikes, jurisdictional disputes, lockouts, and freight embargoes. October 31, 1996 3 • AGREEMENT (Cont.) Section V - Fees and Payments Compensation to the ENGINEER by the OWNER for work set forth in this Agreement will not exceed $435,233.00 without prior written approval of the OWNER. Compensation to the ENGINEER shall be as detailed in Exhibit C. Payments to the ENGINEER shall be made monthly upon receipt of the combined status report and invoice to be submitted to the OWNER by the ENGINEER. Invoices shall be due and payable to the ENGINEER within thirty (30) days of each billing. Section VI - General Considerations Standards of Performance The ENGINEER shall perform all services under this Agreement in accordance with the standards of the engineering profession. Estimate of Probable Cost Since the ENGINEER has no control over the cost of labor, materials, or equipment, or over the contractor's method of determining prices, or over competitive bidding or market conditions, his opinions of preliminary or probable construction cost or total project cost provided for herein are to be made on the basis of his experience and qualifications. These opinions represent his best judgement as an experienced and qualified professional engineer. However, the ENGINEER cannot and does not guarantee that actual project cost will not vary from opinions of cost by him. October 31, 1996 4 AGREEMENT (Cont.) Reuse of Documents All data and documents including drawings, forms, computer programs, and specifications furnished by the ENGINEER pursuant to this Agreement are instruments of service with respect to the Project. They are not intended or represented to be suitable for reuse by the OWNER or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER will be at the OWNER's sole risk and without liability or legal exposure to the ENGINEER. Verification or adaptation by the ENGINEER may entitle ENGINEER to further compensation at a rate agreed upon by the OWNER and the ENGINEER. Termination of Services This Agreement may be terminated by either party in the event of substantial failure. Termination may not be effected unless the other party is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) or intent to terminate and an opportunity for consultation with the terminating party. Upon receipt of a termination action, the ENGINEER shall promptly discontinue all services affected (unless the notice directs otherwise) and deliver or otherwise make available to the OWNER (subject to "Reuse of Documents" provisions) all data, other information and materials accumulated by the ENGINEER in performing this Agreement, whether completed or in process. The OWNER shall compensate the ENGINEER for any termination settlement costs the ENGINEER incurs related to commitments which had become firm prior to the termination. Controlling Law and Disputes If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. This Agreement shall be governed by the laws of the State of Arkansas. October 31, 1996 5 AGREEMENT (Cont.) Successors and Assigns The OWNER and the ENGINEER each binds itself and its partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. Neither the OWNER nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, and except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the OWNER and the ENGINEER. Insurance ENGINEER shall procure and maintain insurance for protection from claims under Workers' Compensation Acts, claims for damages because of bodily injury including personal injury, sickness, or disease or death of any and all employees or of any person other than such employees, and from claims or damage because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by any negligent error, omission or act for which the insured is legally liable; and certification indicating that such insurance is in effect will be submitted to the OWNER within three (3) days of agreement execution by both parties. The amount of coverage for general liability insurance and professional liability insurance shall be in the amount of $1,000,000 each. Certificates shall provide for not less than 30 days prior notice to the ENGINEER of any cancellations or in the amount of coverage in the policies for the ENGINEER. October 31, 1996 6 AGREEMENT (Cont.) IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and their seals to be hereto affixed, this Sf/ day of pzcem4cr, 1996. For the OWNER: CIT OF FA ETZEVILLE N MAyor Title FAYETTEVILLE CITY CLERK Attachments: For the ENGINEER: RJN GROUP, INC. Name Regional Vice President Title Exhibit A - Scope of Services Exhibit B - Work Schedule Exhibit C - Compensation Schedule October 31, 1996 7 EXHIBIT A SCOPE OF SERVICES CITY OF FAYETTEVILLE ILLINOIS RIVER AND WHITE RIVER WATERSHEDS SEWER IMPROVEMENTS Engineering Design. Bidding Assistance and Resident Engineering Item I. Final Engineering Design/Bidding Assistance A. Final Engineering Design October 31, 1996 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 legal surveying. 2. Manhole Rehabilitation Design a. Review selective computer output reports from the Manhole Inspection Program to determine I/I sources to be rehabilitated. b. Include manholes (15)027, (15)028, and (15)029 for replacement. These manholes will be included as a separate bid item in the design specifications. c. Evaluate manholes along the parallel lines in Mini System 15 and include on the rehabilitation schedule unsafe manholes and manholes with a potential for large amounts of I/I. d. Evaluate the manhole (including incoming and outgoing lines) at the Sonic Drive Inn on North College Drive in Basin 4. Make recommendations for rehabilitation or replacement. Raise the manhole by the Northwest Arkansas Mall 10 vertical feet. A-1 EXHIBIT A (Cont.) e. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, sealing techniques, manhole interior repairs, and/or manhole replacement. f. 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. g. Prepare ENGINEER's Opinion of Probable Construction Cost. h. Submit two (2) copies of the draft contract documents to the City for review. i. Perform final changes to contract documents based on City review. j Submit two (2) copies of the final contract documents to the City. 3. Sewer Line Rehabilitation a. Review selective computer output reports for infiltration and inflow sources to be rehabilitated, sewer line maintenance items, and sewer line replacement. b. Perform sewer profile leveling and site inspections for sewer replacement. c. Investigate public utility locations. d . Evaluate pipe repair alternative including pipe replacement and lining options if necessary because of site conditions. e . Evaluated sewer segment between (21)129 and (21)130 for trenchless or open cut replacement. f . Evaluate replacement or lining of 4 -inch diameter sewer on Trenton Street. October 31, 1996 A-2 g• EXHIBIT A (Cont.) Provide the City with the technical information for location of the easements, if any, required for construction of the project. Information to 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. h. Prepare contract design drawings for I/I rehabilitation, sewer replacement and/or sewer lining. Drawings shall indicate permanent and temporary easements for construction based on information supplied by City. Drawings shall include but not be limited to: (1) Title Sheet/Drawing Index, (2) Location Maps, (3) Schedule of Manhole Rehabilitation, (4) Plan and Profile of Replacement, (5) Plan of Repair Line Segments, (6) Special Details, and (7) General Details. i. 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, and (5) technical specifications. j Prepare Engineer's Opinion of Probable Construction Cost by major items. k. Submit two (2) copies of the draft plans and specifications to the City for review. 1. Perform final changes to contract documents. m. Submit five (5) copies of the final project drawings and contract specifications to the City for review. n. Assist the City in obtaining permit approvals from regulatory authorities. B. Additional Services 1. Obtain typical soil boring data for replacement sewer locations, as required. Two (2) locations are estimated. October 31, 1996 A-3 EXHIBIT A (Cont.) 2. After approval by the City, the ENGINEER will prepare, type, and issue legal description of easements. The City will secure easements as necessary. A maximum of five (5) easements are included. 3. Assistance in obtaining permit from Railroad, Highway, and any other state permits, if necessary, for sewer construction. 4. Perform additional television inspection in Mini System 15 as recommended in the draft report. A total of 2,065 linear feet of cleaning and television inspection is anticipated. C. Bidding Assistance October 31, 1996 For the purpose of the cost proposal, it is anticipated that three (3) construction contracts will be bid. The first contract bid shall include manhole rehabilitation while the second contract bid shall include sewer line construction and repairs. The third contract shall include trenchless rehabilitation of sewer lines in the Illinois and White River Watersheds. The following bidding assistance services are included for all three contracts. 1. Assist the City in advertising, obtaining, and evaluating Bid Proposals for the construction contract and awarding thereof. Provide assistance to the City in responding to bidder inquiries during advertisement of the construction contract, and participate in project pre-bid conference. Provide and distribute bidding documents and addendum. Non -refunded bid deposits shall remain the property of the ENGINEER for administrative, printing, and handling cost. 2. Assist the City in reviewing the bids for completeness and accuracy. Develop bid tabulations and submit a written recommendation of contract award to the City along with three (3) copies of the bid tabulations. 3. Consult with and advise the City on the responsibility and responsiveness of contractors, the acceptability of subcontractors, substitute materials, and equipment proposed by the project bidders. A-4 EXHIBIT A (Cont.) Item II. Resident Enoineerinq For the purpose of the cost estimate, it is anticipated that the ENGINEER will provide resident engineering services for three construction projects. A. Resident Engineering 1. Provide the successful bidder(s) with three (3) 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. 2. 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. 3. Review shop drawings, scheduling, test results, and other submittals which the Contractor is required to submit. 4. Consult with City and act as the City's engineering representative in dealings with the Contractor. Issue instructions of City to Contractor and issue necessary interpretations and clarification of the contract specifications. 5. Provide engineering survey(s) for construction to establish horizontal and vertical reference points which are necessary for the Contractor to construct the work. Coordinate the taking of preconstruction photos and surface video taping with the Contractor as necessary. 6. Provide resident observation for rehabilitation and sewer replacement construction for general conformance to the contract drawings and contract specifications. Also provide resident observation of acceptance testing and restoration work by the Contractor. 7. Review and respond to complaints received by City and report any differences of opinion between the Contractor, ENGINEER and complaining party. October 31, 1996 A-5 EXHIBIT A (Cont.) 8. Review applications for partial payment with the Contractor for compliance with contract specifications and submit to the City a recommendation for payment. 9. Issue field orders to Contractor after consultation with the City. Review any change orders proposed by the Contractor and provide recommendations to the City. 10. Conduct an on-site review to determine if the projects are substantially complete and submit to the Contractor a list of observed items requiring completion or correction. 11. Conduct a final on-site review, in the company of the City and Contractor, to verify the projects are fully complete. Submit a recommendation for final acceptance of the projects to the City. 12. Provide the City with one (1) set of record drawings on reproducible double matt (4 mil) mylar and two (2) sets of black line prints of the record drawings. 13. Provide the City with a report that summarizes I/I sources that have been removed and listing of line segments and their attributes that have been added. 14. ENGINEER is not responsible for the means or sequences of the construction work or the implementation program for safety of the construction contractor and subcontractors and it will be stipulated as such in the contract documents. Optional Services Item I. Sewer Line Cleaning Program Management A. Using Engineer's basic specifications, prepare Contract Documents for bidding a heavy cleaning contract for the parallel interceptors in Mini System 15 containing approximately 49,000 linear feet of sewers. The Contract Specifications for the cleaning program will require that the cleaning Contractor perform internal television inspection of approximately 20 percent of the sewers cleaned. October 31, 1996 A-6 EXHIBIT A (Cont.) B . Submit two (2) copies of the draft specifications to the City for review. C. Perform final changes to Contract Documents. D . Assist the City in advertising, obtaining, and evaluating Bid Proposals for the cleaning contract and awarding thereof. Provide assistance to the City in responding to bidder inquires during advertisement of the Contract and participate in project pre-bid conference. E . Assist the City in reviewing the bids for completeness and accuracy. Develop bid tabulations and submit a written recommendation of Contract Award. F. Assist the City in conducting a pre -construction conference with the Contractor and answer questions at the conference. G . Provide observation of the Contractor during the cleaning and televising operations. It is anticipated that observation will be approximately 75 percent. A total of 392 field observation hours is included. H . Review periodic payment requests from Contractor and make recommendation to City for payment. I. Review information provided by Contractor and Engineer to verify the project is complete. October 31, 1996 A-7 Major Repair Items EXHIBIT A (Cont.) Table I City of Fayetteville Sewer Improvements Summary of Improvements Estimated Quantity Description Manhole Repairs Main Line Point Repairs Sewer Rehabilitation Additional TV Inspection October 31, 1996 500 EA 30 EA 12,980 LF 2,065 LF A-8 Consists of manhole cover replacement, frame seal repairs, frame adjustment and manhole wall repair. Repair of main sewer defects at 30 locations. Consists of complete replacement or lining of sewer segments in Table II. Additional TV Inspection for the following segments in Mini System 15: 15-58P - 15-57P 15-76PL - 15-76P 15-235PA - 15-235 15-037 - 15-346 15-516 15-521 15-39B 15-38A 15-537 15-515 15-520 15-38A 15-37A 15-536 EXHIBIT A (Cont.) Table II (Cont.) RECOMMENDED SEWER CONSTRUCTION/REHABILITATION Existing Replacement Diameter Diameter Segment (in) (in) Sewer Replacement/Rehabilitation, White River Watershed Mini System 7A 7-100M - 7-100L 6 8 Subtotal Length (1f) Mini System 14 14-012 14-020 14-116A - 14-120 - 14-016 - 14-116 Subtotal Mini System 15 15-142P - 15-140P - 15-139P - 15-64P - 15-98P - 15-79P - 15-85P - 15-113P - 15-115P - 15-92P - 15-169P - 15-235PE - 15-235PD - 15-227P - 15-231P - 15-207P1 - 15-47B - 15-220P - 15-219P - 15-218P - 15-235PA - 15-235P - 15-226P - 15-053 - 15-144P 15-142P 15-140P 15-55P 15-97P 15-78P 15-84P 15-101P 15-114P 15-91P 15-168P 15-235PD 15-235PC 15-226P 15-227P 15-207P 15-47A 15-219P 15-218P 15-217P 15-235P 15-37A 15-368 15-052 Subtotal October 31, 1996 6 6 8 8 8 8 6 6 6 6 6 6 8 6 8 8 6 6 6 6 6 6 6 8 8 18 6 A-9 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 18 8 169 169 148 315 211 674 324 338 334 474 228 195 351 64 202 104 168 298 324 492 282 225 186 387 304 242 260 205 233 216 6,436 Table II (Cont.) RECOMMENDED SEWER CONSTRUCTION/REHABILITATION Existing Replacement Diameter Diameter Length Segment (in) (in) (1f) Mini System 18 B/C 18-097 - 18-085 8 8 605 18-521 - 18-520 8 8 337 18-195P - 18-194P 6 8 205 18-050 - 18-049 6 8 356 Subtotal 1,503 Total - Mini System 7A, 14, 15, and 18 B/C 8,782 Sewer Replacement/Rehabilitation Illinois River Watershed Basin 9 (9)104 - (9)103 10 10 157 (9)103 - (9)102 10 10 190 (9)102 - (9)101 10 10 265 (9)101 - (9)100 10 10 220 (9)100 - (9)099 10 10 334 (9)086 - (9)085 12 12 325 (9)085 - (9)017 12 12 400 (9)017 - (9)002 12 12 239 Subtotal 2,130 Basin 12 (12)061 - (12)060 6 8 344 (12)217 - (12)216 6 8 152 (12)145 - (12)151 6 8 68 (12)167 - (12)166 6 8 125 Subtotal 689 Basin 21 (21)101 - (21)100 Subtotal Total - Illinois River Watershed 6 8 399 399 3,218 Sewer Replacement/Rehabilitation U of A - City Sewers Basin 13B (13B)202 - (13B)201 6 8 330 (13B)203 - (13B)202 6 8 330 (13B)207 - (13B)186 8 8 320 Total - U of A 980 Grand Total 12,980 October 31, 1996 A-10 EXHIBIT $ AUTHORIZATION PROGRESS AND COMPLETION The City and ENGINEER agree that the project is planned to be completed according to the schedule below with anticipated Notice to Proceed in November 1996. Maior Tasks Completion Date Draft Manhole Rehabilitation Plans/ February 15, 1997 Specifications Final Manhole Rehabilitation Plans/ March 15, 1997 Specifications Draft Sewer Line Replacement/Repair Specifications Final Sewer Line Replacement/Repair Specifications Draft Sewer Lining Plans/Specifications Final Sewer Lining Plans/Specifications Plans/ March 31', 1997 Plans/ April 30, 1997 Bidding and Award Manhole Rehabilitation Sewer Line Replacement/Repair Sewer Lining Construction Manhole Rehabilitation Sewer Line Replacement/Repair Sewer Lining March 1, 1997 April 1, 1997 May 31, 1997 January 31, 1998 May 31, 1997 Fall 1997 Summer 1998 Fall 1997 The ENGINEER shall employ manpower and other resources and use professional skill and diligence to meet the schedule; however, he shall not be responsible for schedule delays resulting from conditions beyond his control. With mutual agreement, the City and the ENGINEER may modify the project schedule during the course of the project and if such modifications affect the ENGINEER'S compensation, it shall be modified accordingly, subject to City Council approval. For Special Services, the authorization by the City shall be in writing and shall include the definition of the services to be provided, the schedule for commencing and completing the services and the basis for compensation therefore, all as agreed upon by the City and ENGINEER in writing. October 31, 1996 B-1 "EXHIBIT C SUMMARY OF COST City of Fayetteville Illinois River and White River Watersheds Sewer Improvements Task Description Unit Cost Cost Engineering Design, Bidding and Resident Engineering I. Final Engineering Design A. Project Administration B. Basic Design Services C. Additional Services (if required) 1. Geotechnical Investigation (2 Borings) 2. Easement Survey (5 Easements) 3. Railroad and State Permits 4. Cleaning and Televising (2,065 LF) D. Bidding Assistance 1. Manhole Rehabilitation 2. Sewer Line Rehabilitation 3. Sewer Lining LS LS $ 10,000 163,980 $300/EA 600 $350/EA 1,750 LS 2,000 $3.50/LF 7,228 LS LS LS II. Resident Engineering A. Manhole Construction T&M'-' (Based on 1,640 inspector manhours) B. Sewer Line Construction/Repairs T&M1' (Based on 490 inspector manhours) C. Sewer Lining T&MY (Based on 620 inspector manhours) Total Cost Not -to -Exceed 5,290 5,870 5,870 125,420 49,355 57.870 $435,233 1/ To be performed on a time and expense basis. Personnel charge out rates are Principal ($113/hr), Senior Engineer ($90/hr), Project Engineer ($65/hr), Resident Project Representative ($50/hr), Draftsperson ($55/hr), Construction Resident Engineer ($65/hr), Field Survey Leader ($40/hr), Field Technician ($30/hr), Office/Clerical ($33/hr), Field Manager ($55/hr). October 31, 1996 C-1 • • EXHIBIT C (Cont.) Task Description Unit Cost Cost Optional Services I. Cleaning Program A. Prepare Bidding Documents LS $ 8,600 B. Bidding Assistance LS 2,200 C. Cleaning Observation T&M" 17,640 $28,440 October 31, 1996 C-2