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HomeMy WebLinkAbout104-02 RESOLUTION1 • RESOLUTION NO. 104-02 A RESOLUTION AWARDING AN ENGINEERING CONTRACT IN THE AMOUNT OF FIVE HUNDRED FORTY-EIGHT THOUSAND SIX HUNDRED FIFTY-THREE DOLLARS ($548,653.00) WITH RJN GROUP, INC. FOR SANITARY SEWER REHABILITATION DESIGN FOR ILLINOIS RIVER BASINS 1-5, 18, AND 19; AND WHITE RIVER MINISYSTEM 27; AND APPROVING A 5% PROJECT CONTINGENCY IN THE AMOUNT OF TWENTY-SEVEN THOUSAND FOUR HUNDRED THIRTY- THREE DOLLARS ($27,433.00). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby awards an engineering contract in the amount of Five Hundred Forty -Eight Thousand Six Hundred Fifty -Three Dollars ($548,653.00) with RJN Group, Inc for sanitary sewer rehabilitation design for Illinois River Basins 1-5, 18, and 19; and White River Minisystem 27. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 5% project contingency in the amount of Twenty -Seven Thousand Four Hundred Thirty -Three Dollars ($27,433.00). PASSED and APPROVED this 2nd day of July, 2002. .£e 4 ^ T • I 4L n R WOODRUFF, ty Clerk OM t� APPROVED: By • NAME OF FILE: CROSS REFERENCE. Resolution No. 104-02 1 07/02/02 Resolution No. 104-02 07/02/02 Engineering Contract with RJN Group, Inc. 06/03/02 Departmental Correspondence to Mayor Coody and City Council thru Greg Boettcher, Public Works Director, from David Jurgens, Water/Sewer, regarding engineering contract 06/07/02 Copy of the Purchase Requisition Form 07/02/02 Staff Review Form 07/05/02 Memo to David Jurgens, Water/Sewer Division, from Heather Woodruff, City Clerk NOTES: t . • AGREEMENT CITY OF FAYETTEVILLE, ARKANSAS AND RJN GROUP, INC. THIS AGREEMENT made this day of ,7;/ , 2002 by and between the City of Fayetteville, hereinafter called OWNER and RIN GROUP, INC., hereinafter called ENGINEER. WHEREAS, the ENGINEER has conducted a Sewer System Evaluation Survey for the White River and Blinois River Watersheds in Basins I1, 12, I3, I4, 15, I11, I18, I19, and W27. 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 W27 in the White River Watershed and Basins Il, 12, I3, I4, 15, I11, I18, I19 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. June 28, 2002 1 • • AGREEMENT (Cont.) Section II - 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 (imitations 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. 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 m writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. June 28, 2002 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 reasonably 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. 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 III - 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. June 28, 2002 3 • AGREEMENT (Cont.) Section IV - Fees and Payments Compensation to the ENGINEER by the OWNER for work set forth in this Agreement will not exceed $548,652.95 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. Changes, modifications, or amendments in scope, price or fees to this 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, cost or fees. Section V - 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. lune 28, 2002 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. June 28, 2002 5 • 40 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. June 28, 2002 6 • • AGREEMENT (Cont.) Section XVI - Miscellaneous Provisions Arkansas Freedom of Information Act The ENGINEER agrees that it will provide to the OWNER, at a cost to be agreed upon, all documents in its possession that are, under this Agreement, the property of the OWNER and which the OWNER believes to be subject to an Arkansas Freedom of Information Act request made to it, or, in anticipation of such request, which it believes necessary for it to possess. The ENGINEER further agrees that it will request of all subconsultants, retained by the ENGINEER to perform services under this Agreement, to provide to the OWNER, at a cost to be agreed upon, all documents in the possession of such subconsultants that are, under this Agreement, the property of the OWNER and which the OWNER believes to be subject to an Arkansas Freedom of Information Act request made to the OWNER, or, in anticipation of such a request, which it believes necessary for the OWNER to possess. The ENGINEER will produce all documents or material in the format that are kept by the ENGINEER, or at the option of the ENGINEER, in some other format. If a specialized format is requested by the OWNER, the cost of conversion, if that additional responsibility is accepted by the ENGINEER, will be borne by the OWNER at the then prevailing rates for the parties actually performing the conversion. Production of requested items will be done with reasonable diligence, but cannot in some circumstances be within the time frame established by the Act. June 28, 2002 • • AGREEMENT (Cont.) IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed and their seals to be hereto affixed, this _ day of , 2002. For the OWNER: �4212e2/ Title ATTEST.. •,1 J t 1/4 Pea. vest Cti+,a: Attachments: a•y Exhibit A - Scope of Services Exhibit B - Work Schedule Exhibit C - Compensation Schedule June 28, 2002 8 For the ENGINEER: RJN GROUP, INC. Regional Vice President Title • • 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 Engineenng Design 1. Project Administration and Management a. Perform Project Initiation Activities. June 28, 2002 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. Evaluate site specific manhole repair alternatives including cover type, grade adjustments, sealing techniques, manhole interior repairs, and/or manhole replacement. c. 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. d. Prepare ENGINEER's Opinion of Probable Construction Cost. A-1 June 28,2002 • • EXHIBIT A (Cont.) e. Submit two (2) copies of the draft contract documents to the City for review. f. Perform final changes to contract documents based on City review. g. Submit two (2) copies of the final contract documents to the City. 3. Sewer Line Rehabilitation The extent of sewer rehabilitation design is summarized in Table I, Table II, and Table III attached at the end of Exhibit A. a. Review selective computer output reports for infiltration and inflow sources to be rehabilitated, sewer line maintenance items, and sewer line replacement. Perform sewer profile leveling and site inspections for sewer replacement. Investigate public utility locations. d. Evaluate pipe repair alternatives including pipe replacement, pipe bursting, and lining options as necessary because of site conditions. e. 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. f. 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 segments, (5) plan of repair line segments, (6) special details, and (7) general details. A-2 g. • • EXHIBIT A (Cont.) 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. h. Prepare Engineer's Opinion of Probable Construction Cost by major items. i. Submit two (2) copies of the draft plans and specifications to the City for review. J• Perforin fmal changes to contract documents. k. Submit five (5) copies of the final project drawings and contract specifications to the City for review. 1. Assist the City in obtaining permit approvals from regulatory authorities. B. Additional Services June 28. 2002 1. Conduct horizontal and vertical control survey necessary for design of the project. 2. Obtain typical soil boring data for replacement sewer locations, as required. Two (2) borings of 10 feet each are estimated. 3. After approval by the City, the ENGINEER will prepare, type, and issue legal description of easements. The City will secure easements as necessary. A total of 26 easement documents are estimated. 4. Assistance in obtaining permit from Highway Department, Health Department, and any other state permits, if necessary, for sewer construction. A-3 • • EXHIBIT A (Cont.) C. Optional Design Services Optional design services include the development of plan and profile sheets for an additional 2,000 linear feet of sewer that may be identified during the course of the project. These services would not be initiated without the approval of the City. D. Bidding Assistance For the purpose of the cost proposal, it is anticipated that two (2) 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 following bidding assistance services are included for the 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. Item II. Resident Engineering For the purpose of the cost estimate, it is anticipated that the ENGINEER will provide resident engineering services for two construction projects. June 28,2002 A-4 June 28, 2002 EXHIBIT A (Cont.) 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. 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. A-5 June 28, 2002 • EXHIBIT A (Cont.) 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 three (3) sets of black line prints of the record drawings. 13. Provide the City with a report that summarizes 1/1 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. A-6 • EXHIBIT B 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 June 2002. Major Tasks Completion Date Draft Manhole Rehabilitation Plans/Specifications August 2002 Final Manhole Rehabilitation Plans/Specifications September 2002 Draft Sewer Line Replacement/Repair Plans/Specifications November 2002 Final Sewer Line Replacement/Repair Plans/Specifications December 2002 Bidding and Award Manhole Rehabilitation October 2002 Sewer Line Replacement/Repair January 2003 Construction Manhole Rehabilitation Spring 2003 Sewer Line Replacement/Repair Summer 2003 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. Changes, modifications, or amendments in scope, price or fees to this 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, cost or fees. June 28, 2002 B-1 • 1 EXHIBIT C SUMMARY OF COST City of Fayetteville Illinois River and White River Watersheds (Basins Il, I2, I3, I4, I5, I11, 118, I19, and W27) Sewer Improvements Task Description Unit Cost Cost Basic Engineering Design, Bidding and Resident Engineering Services I. Final Engineering Design A. Project Administration /Meetings B. Basic Design Services C. Bidding Assistance 1. Manhole Rehabilitation 2. Sewer Line Rehabilitation II Resident Engineering A. Manhole Construction (800 hrs Resident Engineer assumed) B. Sewer Line Construction / Repairs (860 hrs Resident Engineer assumed) Total Basic Services Special Services A. B. * C. D. Survey Printing/Plotting/Computer Usage Easements ($315 per each, 26 assumed) Permits ($330 per each, 20 assumed) Total Special Services Optional Design Services A. Design of Additional Sewer Replacement (2,000 LF) Total Optional Services Total Cost Not -to -Exceed LS $ 20,836.00 LS $ 178,280.00 LS LS $ 4,556.00 LS $ 9,112.00 T&M T&M LS LS EA EA $ 108,729.50 $ 126,579.50 $ 448,093.00 $ 61,969.95 $ 3,400.00 $ 8,190.00 $ 6,600.00 $ 80,159.95 LS $ 20,400.00 $ 20,400.00 $ 548,652.95 Changes, modifications, or amendments m scope, price or fees to this 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, cost or fees * Easement costs are based on preparation of six (6) permanent easements, ten (10) temporary construction easements, and ten (10) right -of -entry forms. June 28,2002 C-1 Table I SUMMARY OF REPAIRS Description Quantity Estimated Construction Cost ($) Sewer Rehabilitation/Replacement Sewer Manhole Rehabilitation Sewer Point Repairs Total 14,741 LF 1,089 EA 54 locations 2,299,630 1,032,910 272.100 3,604,640 • Table II SUNINIARY OF RECOMMENDED SEWER REHABILITATION Line Segment Length 0 -fl Existing Diameter (in) Replacement Diameter (in) Estimated Construction Cost ($) Basin 01 (01)0160 (01)0161 Basin 02 (02)0080 (02)0146 (02)0147 (02)0149 (02)0153 (02)0161 (02)0178 (02)0179 (02)0190 (02)0213 Basin 03 (03)0087 (03)0098 (03)0115A (03)0116 (03)0123 (03)0124 (03)0127 (03)0128 - (01)0159 - (01)0160 Subtotal - (02)0078 - (02)0145 - (02)0146 - (02)0147 - (02)01463' - (02)01602' - (02)0172 - (02)0178 - (02)0189 - (02)0211 Subtotal - (03)0077 - (03)0097 - (0300115 - (03)0115 - (03)0115A - (03)0123 - (03)0124 - (03)0127 295 6 290 6 585 301 280 208 271 390 135 342 196 292 300 2,715 135 188 100 318 60 12 130 245 12 8 6 8 6 6 6 6 6 6 6 6 6 6 6 6 6 6 8 8 12 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 41,300 40.600 81,900 48,160 44,800 33,280 43,360 , 62,400 21,600 54,720 31,360 46,720 48.000 434,400 21,600 30,080 16,000 50,880 9,600 1,920 20,800 39,200 1/ Unable to dye flood defect due to lack of water source. 2/ From City TV tapes. 3/ Based on 1991 Study. 4/ Adjacent segment. 5/ Evaluate relocation during final design.