HomeMy WebLinkAbout112-03 RESOLUTION• 1
RESOLUTION NO; 112-03
A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT
WITH RJN GROUP, INC. IN THE NOT TO EXCEED AMOUNT
OF $2,500,718.00 FOR ENGINEERING SERVICES RELATED TO
THE WEST PIPELINES AND PUMP STATIONS
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 approves a lump sum contract in the not to exceed amount of Two
Million Five Hundred Thousand Seven Hundred Eighteen Dollars ($2,500,718.00)
attached as Exhibit A. This lump sum contract engages RJN Group, Inc. to
provide engineering services to include project design surveys, easement
documents preparation, odor control designs, project administration, value
engineering support, project coordination, preparation of construction contract
specifications and drawings, estimating probable construction costs, and
providing bidding and negotiation services for eight construction contracts (as
more particularly described in the contract) related to the West Pipelines and
Pump Stations.
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire
RJN Group, Inc. for this project.
PASSED and APPROVED this the 15th day of July, 2003.
7 -ATTEST'
By: hatij .)
Sondra Smith, City Clerk
APPROVED:
By
DAN COODY, May
•
• •
AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
RJN GROUP, INC.
THIS AGREEMENT is made as of duly /5 , 2003, by and between City of Fayetteville,
Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE) and RJN
GROUP, INC. with offices located in Fayetteville, Arkansas (hereinafter called RJN GROUP, INC.).
CITY OF FAYETTEVILLE from time to timc requires professional engineering services in connection
with the planning, design, permitting, construction, operation, maintenance, management, and financing
of the Fayetteville Wastewater System Improvement Project and in particular Westside Collection System
Improvements (The Project"). Therefore, CITY OF FAYETTEVILLE and RJN GROUP, INC. in
consideration of their mutual covenants agree as follows:
RJN GROUP, INC. shall serve as CITY OF FAYEFIEVILLE'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 RJN GROUP, INC.'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. If Construction Phase Services arc to be provided by RJN GROUP, INC. under
this Agreement, the construction shall be executed under the observation of a professional engineer
registered in the State of Arkansas in accordance with Arkansas Code Amended §22-9-101.
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 RJN GROUP, INC.
1.2 Assignments may include services described hereafter as Basic Services or as Additional
Services of RJN GROUP, INC.
1.3 Changes, modifications or amendments in scope, price or fees to this contract
shall not be allowed without a formal contract amendment approved by the
Professional Services-Design-Final-May2003
A — I 052303
• •
Mayor and the City Council in advance of the change in scope, costs, fees, or
delivery schedule.
SECTION 2 - BASIC SERVICES OF
2.1 General
2.1.1 Perform professional design services in connection with the Project as hereinafter stated,
which shall include normal civil, structural, mechanical, and electrical engineering services
and normal architectural design services incidental thereto.
2.1.1.1 The Scope of Services to be furnished by RJN GROUP, INC. during the Final Design
Phase is included in Section 2.2 hereafter and in Appendix A attached hereto and made
part of this Agreement.
2.1.1.2 The Scope of Services to be fumished by RJN GROUP, INC.during the Bidding Phase is
included in Section 2.3 hereafter and in Appendix B attached hereto and made part of this
Agreement.
2.1.1.3 The Scope of Services to be furnished by RJN GROUP, INC. during the Construction
Phase, if any, will be finalized and contained in an amendment to this Agreement after
Final Design is completed.
2.1.1.4 The Scope of Services to be furnished by RJN GROUP, INC. during the Post -
Construction Phase, if any, will be finalized and contained in an amendment to this
Agreement after Final Design is completed.
2.1.1.5 The preliminary Scope of Services to be furnished by RJN GROUP, INC. for Resident
Services During Construction, if any, will be finalized and contained in an amendment to
this Agreement after Final Design is completed.
2.1.2 CITY OF FAYETTEVILLE has retained the services of BURNS & McDONNELL
ENGINEERING COMPANY, INC., a Missouri Corporation specializing in consulting
engineering services, as the "Program Manager" for the Wastewater System Improvement
Project. The professional design services to which this Agreement applies are a part of the
Wastewater System Improvement Project. RJN GROUP, INC. shall coordinate their
activities and services primarily with Program Manager and all other parties that CITY OF
Professional Services-Design-Final-May2003
A — 2 052703
• •
FAYETTEVILLE may contract with for program management or professional design
services as a part of the Wastewater System Improvement Project RJN GROUP, INC. and
CITY OF FAYETTEVILLE agree that RJN GROUP, INC. has full responsibility for the
engineering design.
2.2 Final Design Phase
2.2.1 Prepare for incorporation in the Contract Documents detailed drawings to show the character
and scope of the Work to be performed by contractors on the Project (hereinafter called the
"Contract Drawings"), and Invitation to Bid, Instructions to Bidders, Bid Form, Agreement
and Bond forms, General Conditions, and Specifications (all of which, together with the
Contract Drawings, arc hereinafter called the "Bid Documents") for review and approval by
CITY OF FAYETTEVILLE, its legal counsel, and other advisors as appropriate, and assist
CITY OF FAYETTEVILLE in the preparation of other related documents.
2.2.1.1 Bid documents shall be based on Construction Specifications Institute (CSI) Master
Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's standard
general conditions and forms. Bid documents shall include required forms for State
Revolving Loan Fund funding. Text documents shall be provided to CITY OF
FAYETTEVILLE in Microsoft Word version 2000 software. Contract drawings shall
be prepared using standard borders, sheet sizes, title blocks and CADD standards
provided by CITY OF FAYETTEVILLE. RJN GROUP, INC. may use their normal
software for the preparation of drawings but the final product shall be provided to CITY
OF FAYETTEVILLE in Autodesk AutoCAD version 2000.
2.2.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF
FAYETTEVILLE, a project design schedule in which RJN GROUP, INC. shall include,
in an acceptable level of detail, the steps and milestone dates to be undertaken by RJN•
GROUP, INC. in the completion of this final design. This Schedule shall include
reasonable allowances for review and approval times required by CITY OF
FAYETTEVILLE, performance of services by CITY OF FAYETTEVILLE's
consultants, and review and approval times required by public authorities having
jurisdiction over the Project. This schedule shall be equitably adjusted as the Project
progresses, allowing for changes in scope, character or size of the Project requested by
CITY OF FAYETTEVILLE, or for delays or other causes beyond RJN GROUP, INC.'s
Professional Services-Design-Final-May2003
A — 3 052703
reasonable control. Nonconformance with this schedule by RJN GROUP, INC. and its
subconsultants may result in the assessment of damages payable by RJN GROUP, INC.
to the CITY OF FAYETTEV ILLE for costs and damages incurred. The maximum cost
liability of RJN GROUP, INC. shall be limited to the total gross amount payable to or
through the Consultant authorized under this agreement, including amendments thereto.
2.2.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the
duration of each sub -project and the discrete milestone activities which make up the
sub -projects, but at a minimum shall include contract drawings, contract
specifications, and design reviews as indicated in Section 2.2.10. Separate line items
and durations may be shown for costs that apply to the Project as a whole, including,
but not limited to, Project Management and Administration, Insurance, Value
Engineering, surveys, subcontracted work, and property acquisition and casement
documents. RJN GROUP, INC. shall assign to each schedule activity of the progress
design schedule a corresponding cost value that shall include a monthly allocation for
labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal
the Lump Sum Amount shown in Section 6.1.1. of this Agreement.
2.2.1.3 When requested by the CITY OF FAYETI'EVILLE's Water and Wastewater Director,
prepare for and attend up to four City Council meetings to provide periodic updates on
the progress of the final design.
2.2.1.4 If the plans and specifications for the project require bids on alternates in addition to a
base bid, there shall be no more than three (3) alternates, and the alternates shall be
developed and described in accordance with Title 22, Article 9-203 of the Arkansas
Code.
2.2.1.5 To the extent practicable, evaluate the feasibility of sequencing and segmenting the Work
into stand alone multiple construction or procurement packages which may yield
immediate operating benefits to the CITY OF FAYETTEVILLE and give these first
priority for completion. The separate design or procurement packages to be completed
by RJN GROUP, INC. are listed below.
2.2.1.5.1 1. Old Wire Road to Gregg Avenue Lift Station (including Basin 5 Interceptor)
2.2.1.5.2 2. North Street Lift Station to Poplar Lift Station to Gregg Avenue
Professional Services-Design-Final-May2003
A — 4 052703
• •
2.2.1.5.3 3. Gregg Avenue Lift Station to Hamestring Lift Station
2.2.1.5.4 4. Porter Road Lift Station to Hamestring Lift Station
2.2.1.5.5 5. Hamestring Lift Station to Proposed WWTP
2.2.1.5.6 6. Hamestring Lift Station
2.2.1.5.7 7. Gregg Avenue Lift Station Upgrade
2.2.1.5.8 8. Lift Station 11 to Lift Station 12 to WWTP and Farmington Lift Station
(Optional)
2.2.2 Prepare technical criteria, written descriptions, design data, and applications necessary for
filing applications for permits from or approvals of the following applicable governmental
authorities having jurisdiction to review or approve the final design of the Project and assist
in securing approvals. Approval letters and permits shall be furnished to the Arkansas Soil
and Water Conservation Commission, including the written approvals from the Arkansas
Department of Health and the Arkansas Division of Environmental Quality. Actual Filing
and Permit Fees will be paid by the CITY OF FAYEfTEVILLE. Assist CITY OF
FAYEITEVILLE in consultations with appropriate authorities.
2.2.2.1 Arkansas Soil and Water Conservation Commission (ASWCC)
2.2.2.2 Arkansas Department of Health (AHD)
2.2.2.3 Arkansas Department of Environmental Quality (ADEM)
2.2.2.4 U.S. Army Corps of Engineers (COE)
2.2.2.5 Fayetteville Planning Commission
2.2.2.6 Washington County Court
2.2.2.7 City of Farmington
2.2.2.8 Arkansas State Highway and Transportation Department
2.2.2.9 Railroad Authorities
Professional Services-Design-Final-May2003
A — 5 052703
• •
2.2.3 Advise CITY OF FAYETTEVILLE of adjustments in excess of five percent of the cost
opinion for the Project caused by changes in scope, design requirements, or construction costs
and furnish a revised cost opinion for the Project based on the final Bid Documents.
2.2.4 Advise CITY OF FAYE 1 I hVILLE of final Opinion of Probable Project Costs, including,
but not limited to, construction, inspection, testing, startup, O&M Manuals, and one-year
performance evaluation.
2.2.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents.
2.2.6 Determine land and easement requirements and provide consultation and assistance on
property procurement as related to professional engineering services being performed.
2.2.7 Provide appropriate professional interpretations of data, geotechnical investigations, core
borings, probings and subsurface explorations, hydrographic surveys, laboratory tests, and
inspections of samples, materials and equipment obtained through subcontract services for
authorized Project services including property, boundary, easement, right-of-way,
topographic, and utility surveys; noting zoning and deed restrictions.
2.2.7.1 Fully disclose all subcontract agreements including the name and address of the
subconsultant, the scope of services to be provided and the value of the subcontract
agreement.
2.2.7.2 Incorporate into all subcontract agreements for planning and design engineering services
the applicable milestone dates from the Submittal Schedule contained in the
Memorandum of Agreement, as amended, between ASWCC and the CITY OF
FAYETTEVILLE and require all RJN GROUP, INC. subconsultants to be bound by the
Submittal Schedule. RJN GROUP, INC. will provide a preliminary and final project
performance work plan for submission to ASWCC.
2.2.8 Render monthly Work progress reports to CPI -Y OF FAYETTEVILLE and Program Manager
and confirm status of compliance with final design schedule.
2.2.9 Provide to the Program Manager in a format mutually acceptable to the Program Manager
and RJN GROUP, INC. such schedules, reports, opinions of probable costs, renderings,
project summaries, and other data as may be required, for posting by others on a project web
site to allow the public to monitor and review the activities, materials, and financial status of
Professional Services-Design-Final-May2003 A - 6 052703
• •
the project. Refresh the data supplied to the Program Manager no more frequently than
monthly.
2.2.10 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF
FAYETTEVILLE shall designate, at the applicable completion levels outlined below.
2.2.10.1 West Side Collection System Improvements — 30 percent and 90 percent.
2.2.10.2 East Side Collection System Improvements — 30 percent and 90 percent.
2.2.10.3 West Side WWTP:
• Plant Access Road and Improvements — 30 percent and 90 percent.
• Plant Effluent Line - 30 percent and 90 percent.
• West Side Wastewater Treatment Plant — 30 percent, 60 percent, and 90 percent.
2.2.10.4 Paul Noland Facility:
• Wet Weather Package — 30 percent and 90 percent.
• Hcadworks Package — 30 percent, 60 percent, and 90 percent.
• Solids I landling Package — 30 percent, 60 percent, and 90 percent.
2.2.1 I See Appendix A for additional services or clarification of services to be provided by RJN
GROUP, INC.
2.3 Bidding Phase
2.3.1 RJN GROUP, INC. will follow Arkansas Soil and Water Conservation Commission statutory
bidding protocol for State Revolving Loan Fund.
2.3.2 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY OF
FAYETTEVILLE and Revolving Loan Fund (RLF) administered by the Arkansas Soil and
Water Conservation Commission, Construction Assistance Division, and the Arkansas
Development Financc Authority (ADFA). The legal notice to be placed in legal notices
section of a local newspaper(s) of countywide and statewide circulation and shall be
coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of
publication secured.
Professional Services-Design-Final-May2003
A — 7 052703
• •
2.3.3 Prepare addenda for drawings and Bid Documents as required and submit to Program
Manager in timely manner such that addenda can be issued by RJN GROUP, INC. in
accordance with Construction Contract General Conditions. All bidding protocols shall
conform to ASWCC statutory requirements with all addenda being approved by ASWCC
prior to issuance.
2.3.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents.
Update wage rate decision by addendum if necessary.
2.3.5 Assist CPIY OF FAYETI-EVILLE by issuing and tracking Bid Documents, addenda and
communications during bidding and maintain list of plan holders. Print and distribute copies
of plans and specifications for all prospective bidders and plan rooms. Collect from
prospective bidders an appropriate non-refundable fee to offset cost of reproducing and
distributing Bidding Documents.
2.3.5.1 RJN GROUP, INC. shall attend a Pre -Bid Conference organized, convened, and
conducted by the Program Manager to explain the project requirements and receive
questions from prospective bidders. RJN GROUP, INC. shall consider the questions
received and issue necessary clarifications and changes to the Bid Documents through the
use of addenda. Make logistical arrangements for and conduct a site tour of the project
area
2.3.6 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts. RJN GROUP, INC. shall prepare and submit bid certification
documents to ASWCC for review.
2.3.7 Consult with and advise CITY OF FAYETTEV ILLE as to the acceptability of subcontractors
and other persons and organizations proposed by the prime construction contractor(s),
hereinafter called "Contractor(s)," for those portions of the work as to which such
acceptability is required by the Bid Documents.
2.3.8 Make recommendations regarding award of construction contracts.
2.3.9 Attend Water and Sewer Committee meeting and the ensuing City Council meeting to
recommend action by the respective bodies. Prepare and present a recommendation complete
with such supporting information as necessary for the bodies to make an informed decision
on the action recommended.
Professional Services-Design-Final-May2003
A — 8 052703
• •
2.3.10 Develop and include in Appendix B of this Agreement, a bidding services schedule in which
RJN GROUP, INC. shall include, in an acceptable level of detail, the steps and milestone
dates to be undertaken by RJN GROUP, INC. in the completion of the bidding services. The
bidding services schedule shall consist of a bar chart schedule depicting the duration of the
bidding period of each sub -project and the discrete milestone activities which make up the
sub -projects. Separate line items and durations may be shown for costs that apply to the
Project as a whole, including, but not limited to, Project Management and Administration,
and Insurance. RJN GROUP, INC. shall assign to each schedule activity of the bidding
services schedule a corresponding cost value which shall include a monthly allocation for
labor, expenses, overhead, and profit. The sum of all cost values assigned shall equal the
Lump Sum Amount shown in Section 6.1.2. of this Agreement.
2.3.11 See Appendix B for additional services or clarification of services to be provided by RJN
GROUP, INC.
2.4 Construction Phase
2.4.1 The scope of Construction Phase Services, if any, will be negotiated following completion of
Design Phase Services.
2.5 Post -Construction Phase
2.5.1 The scope of Post -Construction Phase Services, if any, will be negotiated following
completion of Design Phase Services.
2.6 Resident Services During Construction
2.6.1 The scope of Resident Services During Construction, if any, will be negotiated following
completion of Design Phase Services.
SECTION 3 - ADDITIONAL SERVICES OF
3.1 General
If authorized in writing by the CITY OF FAYETTEV ILLE Mayor and the City Council and agreed to in
writing by RJN GROUP, INC., RJN GROUP, INC. shall furnish or obtain from others Additional
Services of the following types that are not considered normal or customary Basic Services. The scope of
Additional Services may include:
Professional Services-Design-Final-May2003
A — 9 052703
• •
3.1.1 Grant and Loan Assistance
Prepare applications and supporting documents for govemmental grants, loans, or advances.
3.1.2 Financial Consultation
Consult with CITY OF FAYETTEVILLE's fiscal agents and bond attorneys and provide such
engineering data as required for any bond prospectus or other financing requirements.
3.1.3 Administrative Assistance
Provide Contract and Project administration to the degree authorized by CTrY OF FAYETTEVILLE.
3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEV ILLE's use.
3.1.5 Miscellaneous Studies
Investigations involving detailed consideration of operations, maintenance, and overhead expenses, and
the preparation of rate schedules, earnings, and expense statements; feasibility studies; appraisals and
valuations; detailed quantity surveys of material, equipment, and labor, and audits or inventories required
in connection with construction performed by CITY OF FAYETTEVILLE.
3.1.6 Preparing to serve or serving as a witness for CITY OF FAYETTEVILLE in any litigation or
other proceeding involving the Project.
3.1.7 Extra Services
3.1.7.1 Services not specifically defined heretofore that may be authorized by CITY OF
FAYETTEVILLE.
3.2 Contingent Additional Services
3.2.1 If services described under Contingent Additional Services in Paragraph 3.2 are required due
to circumstances beyond RJN GROUP, INC.'s control, RJN GROUP, INC. shall notify CITY
OF FAYETTEVILLE and request a formal contract amendment approved by the Mayor and
the City Council prior to commencing such services. If CITY OF FAYETTEVILLE deems
that such services described in 3.2 are not required, CITY OF FAYETTEVILLE shall give
prompt written notice to RJN GROUP, INC. If CITY OF FAYETTEVILLE indicates in
Professional Services-Design-Final-May2003
A - 10 052703
• •
writing that all or parts of such Contingent Additional Services arc not required,
RJN GROUP, INC. shall have no obligation to provide those services.
3.2.2 Making revisions in Drawings, Specifications, or other documents when such revisions are:
3.2.2.1 Required because of inconsistent approvals or instructions previously given by CITY OF
FAYETTEVILLE, including revisions made necessary by adjustments in CfI'Y OF
FAYETTEVILLE's program or Project Budget.
3.2.2.2 Required by the enactment or revision of codes, laws, or regulations subsequent to the
preparation of such documents.
SECTION 4 - RESPONSIBILITIES OF CITY OF FAYETTEVILLE
CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of RJN
GROUP, INC.
4.1 Provide full information as to CITY OF FAYETTEVILLE's requirements for the Project.
4.2 Assist RJN GROUP, INC. by placing at RJN GROUP, INC.'s disposal all available
information pertinent to the assignment including previous reports and any other data relative
thereto.
4.3 Guarantee access to and make all provisions for RJN GROUP, INC. to enter upon public and
private property as required for RJN GROUP, INC. to perform his services under this
Agreement.
4.4 Examine all studies, reports, sketches, cost opinions, Bid Documents, Drawings, proposals,
and other documents presented by RJN GROUP, INC. and render in writing decisions
pertaining thereto.
4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
4.6 Designate in writing a person to act as CITY OF FAYETTEVILLE's representative with
respect to the services to be performed under this Agreement. Such person 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
Professional Services-Design-Final-May2003
A — 1 I 052703
• •
and systems to be used in the Project, and other matters pertinent to the services covered by
this Agreement.
4.7 Give prompt written notice to RUN GROUP, INC. whenever Cr'Y OF FAYETTEVILLE
observes or otherwise becomes aware of any defect in the Project.
4.8 Furnish approvals and permits from all governmental authorities having jurisdiction over the
Project and such approvals and consents from others as may be necessary for completion of
the Project. Pay directly to the governmental authorities the actual filing and permit fees.
4.9 Pay for placement of legal notices and advertisements in newspapers or other publications
required by program requirements of the Wastewater System Improvement Project.
4.10 Furnish, or direct RUN GROUP, INC. to provide, necessary Additional Services as stipulated
in Section 3 of this Agreement or other services as required
4.11 If CTTY OF FAYETTEVILLE's standard bidding requirements, Agreement forms and
General Conditions are to be used, CITY OF FAYETTEVILLE shall provide copies of such
documents for RJN GROUP, INC.'s use in coordinating the Contract Drawings and
Specifications.
4.12 CITY OF FAYETTEVILLE and/or its representative will review all documents and provide
written comments to RJN GROUP, INC. in a timely manner.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
5.2 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. RJN GROUP,
INC. 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.
Professional Services-Design-Final-May2003 A — 12 052703
• •
SECTION 6 - PAYMENTS TO
6.1 Compensation
6.1.1 Final Design Phase Services
For the Scope of Services during the Final Design Phase described herein, CITY OF FAYETTEVILLE
shall pay RJN GROUP, INC. the lump sum amount of Two Million, Three Hundred Eighty -Three
Thousand, Four llundred Sixty -Three United States Dollars (US 52,383,463.00).
6.1.1.1 Subject to the City Council approval, adjustment of the lump sum amount may be made
should RJN GROUP, INC. establish and Cfl'Y OF FAYETTEVILLE agree that there has
been or is to be a significant change in scope, complexity or character of the services to
be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work
from the time period specified in the Agreement for completion of work and such
modification warrants such adjustment. Changes, modifications or amendments in scope,
price or fees to this Contract shall not be allowed without formal contract amendment
approved by the Mayor and the City Council in advance of the change in scope, cost,
fees, or delivery schedule.
6.1.1.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Design services consistent with RJN GROUP, INC.'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 RJN GROUP, INC. and approved by CITY OF FAYETTEVILLE.
Applications for payment shall be accompanied each month by the updated project design
schedule as the basis for determining the value earned as the work is accomplished. Final
payment for Design services shall be made upon CITY OF FAYETTEVILLE's approval
and acceptance with the satisfactory completion of the Design phase for the Project.
6.1.2 Bidding Phase Services
For the Scope of Services during the Bidding Phase described herein, CITY OF FAYETTEVILLE shall
pay RJN GROUP, INC. the lump sum amount of One Hundred Seventeen Thousand, Two Hundred Fifty -
Five United States Dollars (US$ 1 17 255 00).
Professional Services-Design-Final-May2003
A — 13 052703
• •
6.1.2.1 Subject to prior City Council approval, adjustment of the lump sum amount may be made
should RJN GROUP, INC. establish and CITY OF FAYETTEVILLE agree that there has
been or is to be a significant change in scope, complexity or character of the services to
be performed; or if CITY OF FAYETTEVILLE decides to shorten the duration of work
from the time period specified in the Agreement for completion of work and such
modification warrants such adjustment.
6.1.2.2 Monthly statements for each calendar month shall be submitted to CITY OF
FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for
Bidding Phase services consistent with RJN GROUP, INC.'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 RJN GROUP, INC. and approved by CITY OF FAYETTEVILLE.
Applications for payment shall be accompanied each month by the updated bidding
services schedule as the basis for determining the value earned as the work is
accomplished. Final payment for Bidding Phase services shall be made upon CITY OF
FAYETTEVILLE's approval and acceptance with the satisfactory completion of the
Bidding Phase for the Project.
6.1.3 Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.4 Post -Construction Phase Services
This section is reserved for future details concerning this phase, if any. This Agiecment shall be amended
to include payment conditions following the completion of Design Phase Services.
6.1.5 Resident Services During Construction
This section is reserved for future details conceming this phase, if any. This Agreement shall be amended
to include payment conditions following the completion of Design Phase Services.
Professional Services-Design-Final-May2003 A — 14 052703
• •
6.1.6 Additional Services
For authorized Additional engineering services under Section 3, "Additional Services", compensation to
RJN GROUP, INC. shall be negotiated at the time Additional services are authorized.
6.2 Statements
Statements and updated progress schedule for each calendar month will be submitted in electronic format
simultaneously to CITY OF FAYETTEVILLE and Program Manager, followed by signed original
document to CITY OF FAYETTEVILLE. Statements will be based on RJN GROUP, INC.'s estimated
percent of services completed at the end of the preceding month, and Justified by the updated progress
schedule. Program Manager shall review the statement and forward them to CITY OF FAYETTEVILLE
with his recommendations.
6.3 Payments
All statements are payable upon receipt and due within thirty (30) days. If a portion of RJN GROUP,
INC.'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 RJN GROUP,
INC. 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.
6.4 Final Payment
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, RJN GROUP, INC.
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 RJN GROUP, INC. 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 RJN GROUP, INC. or his sureties under this Agreement or applicable
performance and payment bonds, if any.
Professional Services-Design-Final-May2003
A — 15 052703
SECTION 7 - GENERAL CONSIDERATIONS
7.1
Insurance
7.1.1 During the course of performance of these services, RJN GROUP, INC. will maintain (in
United States Dollars) the following minimum insurance coverages:
Type of Coverage
Workers' Compensation
Employers' Liability
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
Professional Liability Insurance
Limits of Liability
Statutory
S500,000 Each Accident
S1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
$1,000,000 Each Claim
RJN GROUP, INC. 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.
7.1.2 Construction Contractors shall be required to provide (or CITY OF FAYETTEVILLE may
provide) Owner's Protective Liability Insurance naming CITY OF FAYETTEVILLE as a
Named Insured and BURNS & McDONNELL and RJN GROUP, INC. as additional
insureds, or, to endorse CPI' OF FAYETTEVILLE, BURNS & McDONNELL and RJN
GROUP, INC. as additional insureds on construction Contractor's liability insurance policies
covering claims for personal injuries and property damage. Construction Contractors shall be
required to provide certificates evidencing such insurance to CITY OF FAYETTEVILLE,
BURNS & McDONNELL and RJN GROUP, INC. All contract insurance carriers shall be
required to list CITY OF FAYETTEVILLE, Arkansas Soil and Water Conservation
Commission, and BURNS & McDONNELL as certificate holders, furnishing copies of the
contractor's insurance certificate to each party
7.1.3 CITY OF FAYETTEVILLE, BURNS & McDONNELL and RJN GROUP, INC. waive all
rights against each other and their officers, directors, agents, or employees for damage
covered by property insurance during and atter the completion of RJN GROUP, INC.'s
services. If the services result in a Construction Phase, a provision similar to this shall be
Professional Serviccs-Design-Final-May2003 A - 16 052703
• •
incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and
all construction Contractors shall be required to provide waivers of subrogation in favor of
CITY OF FAYETTEVILLE, BURNS & McDONNELL and RJN GROUP, INC. for damage
or liability covered by any construction Contractor's policy of insurance.
7.2 Professional Responsibility
7.2.1 RJN GROUP, INC. will exercise reasonable skill, care, and diligence in the performance of
RJN GROUP, INC.'s services and will carry out its responsibilities in accordance with
customarily accepted professional engineering practices. CITY OF FAYETTEVILLE will
promptly report to RJN GROUP, INC. any defects or suspected defects in
RJN GROUP, INC.'s services of which CITY OF FAYETTEVILLE becomes aware, so that
RJN GROUP, INC. can take measures to minimize the consequences of such a defect. CITY
OF FAYETTEVILLE and RJN GROUP, INC. further agree to impose a similar notification
requirement on all construction contractors in the Bid Documents and shall require all
subcontracts at any level to contain a like requirement. CITY OF FAYETTEVILLE, retains
all remedies to recover for its damages caused by any negligence of RJN GROUP, INC.
7.2.2 In addition, RJN GROUP, INC. will be responsible to CITY OF FAYETTEVILLE for
damages caused by its negligent conduct during its activities at the Project Site to the extent
covered by RJN GROUP, INC.'s Commercial General Liability and Automobile Liability
Insurance policies as specified in Paragraph 7.1.1.
7.3 Cost Opinions and Projections
Cost opinions and projections prepared by RJN GROUP, INC. relating to construction costs and
schedules, operation and maintenance costs, equipment characteristics and performance, and operating
results are based on RJN GROUP, INC.'s experience, qualifications, and judgment as a design
professional. Since RJN GROUP, INC. 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,
RJN GROUP, INC. does not guarantee that actual rates, costs, performance, schedules, and related items
will not vary from cost opinions and projections prepared by RJN GROUP, INC.
Professional Services-Design-Final-May2003
A 17 052703
• •
7.4 Changes
CITY OF FAYETTEVILLE shall have the right to make changes within the general scope of RJN
GROUP, INC.'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
President or any Vice President of RJN GROUP, INC.
7.5 Termination
7.5.1 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:
7.5.1.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.1.2 An opportunity for consultation with the terminating party prior to termination.
7.5.2 This Agreement may be terminated in whole or in part in writing by CITY OF
FAYETTEVILLE for its convenience, provided that RJN GROUP, INC. is given:
7.5.2.1 Not less than ten (10) calendar days written notice (delivered by certified mail, return
receipt requested) of intent to terminate,
7.5.2.2 An opportunity for consultation with the terminating party prior to termination.
7.5.3 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
7.5.3.1 No amount shall be allowed for anticipated profit on unperformed services or other work,
7.5.3.2 Any payment due to RJN GROUP, INC. at the time of termination may be adjusted to
cover any additional costs to CITY OF FAYETTEVILLE because of
RJN GROUP, INC.'s default.
Professional Services-Design-Final-May2003
A -- 18 052703
• •
7.5.4 If termination for default is effected by RJN GROUP, INC., 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 RJN GROUP, INC. for services rendered and
expenses incurred prior to the termination, in addition to termination settlement costs
reasonably incurred by RJN GROUP, INC. relating to commitments which had become firm
prior to the termination.
7.5.5 Upon receipt of a termination action under Paragraphs 7.5.1 or 7.5.2 above,
RJN GROUP, INC. shall:
7.5.5.1 Promptly discontinue all affected work (unless the notice directs otherwise),
7.5.5.2 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 RJN GROUP, INC. in performing this Agreement,
whether completed or in process.
7.5.6 Upon termination under Paragraphs 7.5.1 or 7.5.2 above CITY OF FAYETTEVILLE may
take over the work and may award another party an agreement to complete the work under
this Agreement.
7.5.7 If, after termination for failure of RJN GROUP, INC. to fulfill contractual obligations, it is
determined that RJN GROUP, INC. had not failed to fulfill contractual obligations, the
termination shall be deemed to have been for the convenience of CITY OF
FAYEITEV ILLS. In such event, adjustments of the agreement price shall be made as
provided in Paragraph 7.5.4 of this clause.
7.6 Delays
In the event the services of RJN GROUP, INC. are suspended or delayed by CITY OF FAYETTEVILLE
or by other events beyond RJN GROUP, INC.'s reasonable control, RJN GROUP, INC. shall be entitled
to additional compensation and time for reasonable costs incurred by RJN GROUP, INC. in temporarily
closing down or delaying the Project.
Professional Services-Design-Final-May2003 A-19 052703
7.7 Rights and Benefits
RJN GROUP, INC.'s services will be performed solely for the benefit of CITY OF FAYETTEVILLE and
not for the benefit of any other persons or entities.
7.8 Dispute Resolution
7.8.1 Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes
between CITY OF FAYETTEVILLE and RJN GROUP, INC. which arise from, or in any
way are 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 RJN GROUP, INC. in the performance of this Agreement, and disputes
concerning payment.
7.8.2 Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate.
If timely Notice is given under Paragraph 7.8.3, 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 7.8.3 and 7.8.4 have been complied
with.
7.8.3 Notice of Dispute
7.8.3.1 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;
7.8.3.2 For disputes arising within one year after the making of final payment, CITY OF
FAYETTEVILLE shall give RJN GROUP, INC. written Notice at the address listed in
Paragraph 7.14 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.
7.8.4 Negotiation: Within seven days of receipt of the Notice, the Project Managers for CITY OF
FAYETTEVILLE and RJN GROUP, INC. 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 RJN GROUP, INC.
and the Mayor of CITY
OF
Professional Services-Design-Final-May2003
A
- 20
052703
c
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.
7.9 CITY OF FAYETTEVILLE represents that it has sufficient funds or the means of obtaining
funds to remit payment to RJN GROUP, INC. for services rendered by RUN GROUP, INC.
7.10 Publications
Recognizing the importance of professional development on the part of RJN GROUP, INC.'s employees
and the importance of RJN GROUP, INC.'s public relations, RJN GROUP, INC. may prepare
publications, such as technical papers, articles for periodicals, and press releases, pertaining to RJN
GROUP, INC.'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 RJN GROUP, INC. 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 RJN GROUP, INC.'s activities pertaining to any such
publication shall be for RJN GROUP, INC.'s account.
7.11 Indemnification
7.11.1 CITY OF FAYETTEVILLE agrees that it will require all construction Contractors to
indemnify, defend, and hold harmless CITY OF FAYETTEVILLE, BURNS &
McDONNELL, and RJN GROUP, INC. from and 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.
7.12 Computer Models
RUN GROUP, INC. may use or modify RJN GROUP, INC.'s proprietary computer models in service of
CITY OF FAYETTEVILLE under this Agreement, or RJN GROUP, INC. may develop computer models
during RJN GROUP, INC.'s service to CITY OF FAYETTEVILLE under this Agreement. Such use,
modification, or development by RJN GROUP, INC. does not constitute a license to CITY OF
FAYETTEVILLE to use or modify RJN GROUP, INC.'s computer models. Said proprietary computer
models shall remain the sole property of the RJN GROUP, INC. CITY OF FAYETTEVILLE and
Professional Services-Design-Final-May2003 A - 21 052703
RJN GROUP, INC. will enter into a separate license agreement if CITY OF FAYETTEVILLE wishes to
use RJN GROUP, INC.'s computer models.
7.13 Ownership of Documents
All documents provided by CITY OF FAYETTEVILLE including original drawings, disks of CADD
drawings and cross sections, estimates, specification field notes, and data are and remain the property of
CITY OF FAYETTEVILLE. RJN GROUP, INC. may retain reproduced copies of drawings and copies of
other documents
Engineering documents, drawings, and specifications prepared by RJN GROUP, INC. as part of the
Services shall become the property of CITY OF FAYETTEVILLE when RJN GROUP, INC. has been
compensated for all Services rendered, provided, however, that RJN GROUP, INC. shall have the
unrestricted right to their use. RJN GROUP, INC. 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 RJN GROUP, INC.
Any files delivered in electronic medium may not work on systems and software different than those with
which they were originally produced. RJN GROUP, INC. 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.
7.14 Notices
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
RJN GROUP. INC.'s address:
12160 Abrams Road, Suite 206
Dallas, Texas 75243
Professional Serviccs-Design-Final-May2003 A - 22 052703
ASWCC's address:
Project No. CS -050803-03
Arkansas Soil and Water Conservation Commission
101 E. Capitol, Suite 350
Little Rock, Arkansas 72201
7.I5 Successor and Assigns
CITY OF FAYETTEVILLE and RJN GROUP, INC. 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 RJN GROUP, INC. shall assign, sublet, or transfer his
interest in the Agreement without the written consent of the other.
7.16 Controlling Law
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.
7.17 Entire Agreement
This Agreement represents the entire Agreement between RJN GROUP, INC. 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
RJN GROUP, INC. a purchase order, no preprinted terms thereon shall become a part of this Agreement.
Said purchase order document, whether or not signed by RJN GROUP, INC., shall be considered as a
document for CITY OF FAYETTEVILLE's internal management of its operations.
SECTION 8- SPECIAL CONDITIONS
8.1 Additional Responsibilities of RJN GROUP, INC.
8.1.1 CITY OF FAYETTEVILLE's or Arkansas Soil and Water Conservation Commission's
(ASWCC's) review, approval, or acceptance of design drawings, specifications, reports and
other services furnished hereunder shall not in any way relieve RJN GROUP, INC. of
responsibility for the technical adequacy of the work. Neither CITY OF FAYETTEVILLE's
nor ASWCC's review, approval
or acceptance
of, nor payment for any
of the services shall be
Professional Services-Design-Final-May2003
A - 23
052703
construed as a waiver of any rights under this Agreement or of any cause of action arising out
of the performance of this Agreement.
8.1.2 RJN GROUP, INC. shall be and shall remain liable, in accordance with applicable law, for all
damages to CITY OF FAYETTEVILLE caused by RJN GROUP, INC.'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.
8.1.3 RJN GROUP, INC.'s obligations under this clause are in addition to RJN GROUP, INC.'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
RJN GROUP, INC. for faulty materials, equipment, or work.
8.2 Remedies
Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes and other
matters in question between CITY OF FAYETTEVILLE and RJN GROUP, INC. arising out of or
relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction within
Arkansas.
8.3 Audit: Access to Records
8.3.1 RJN GROUP, INC. 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. RJN GROUP, INC. shall also maintain the financial
information and data used by RJN GROUP, INC. 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. The United States Environmental
Protection Agency, the Comptroller General of the United States, the United States
Department of Labor, 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.
RJN GROUP, INC. will provide proper facilities for such access and inspection.
Professional Services-Design-Final-May2003 A-24 052703
8.3.2 Records under Paragraph 8.3.1 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.
8.3.3 This right of access clause (with respect to financial records) applies to:
8.3.3.1 Negotiated prime agreements:
8.3.3.2 Negotiated change orders or agreement amendments in excess of $10,000 affecting the
price of any formally advertised, competitively awarded, fixed price agreement:
8.3.3.3 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:
8.3.3.3.1 With respect to record pertaining directly to subagreement performance, excluding
any financial records of RJN GROUP, INC.;
8.3.3.3.2 If there is any indication that fraud, gross abuse or corrupt practices may be involved;
8.3.3.3.3 If the subagreement is terminated for default or for convenience.
8.4 Covenant Against Contingent Fees
RJN GROUP, INC. 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 RJN GROUP, INC. for the purpose of securing business. For breach or violation of this
warranty, CITY OF FAYE"ITEVILLE 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.
Professional Services-Design-Final-May2003 A - 25 052703
8.5 Gratuities
8.5.1 If CITY OF FAYETTEVILLE finds after a notice and hearing that RJN GROUP, INC. or
any of RJN GROUP, INC.'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, the State or EPA 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 RJN GROUP, INC.
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.
8.5.2 In the event this Agreement is terminated as provided in Paragraph 8.5.!, CITY OF
FAYETTEVILLE may pursue the same remedies against RJN GROUP, INC. as it could
pursue in the event of a breach of the Agreement by RJN GROUP, INC. 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
RJN GROUP, INC. incurs in providing any such gratuities to any such officer or employee.
8.6 Arkansas Freedom of Information Act
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, RJN GROUP, INC. will do everything possible to provide the documents in a prompt
and timely manner as prescribed 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.
8.7 Debarment And Suspension
I certify that to the best of my knowledge and belief that the company that I represent and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency;
Professional Services-Design-Final-May2003 A - 26 052703
(b) Have not within a three year period preceding this proposal been convicted of or had a civil
judgement rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction
or contract under a public transaction; violation of Federal or State antitrust statutes or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Arc not presently indicted for or otherwise criminally or civilly charged by a government entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
Professional Services-Design-Final-May2003 A - 27 052703
I understand that a false statement on this certification regarding debarment and suspension may be
grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a
false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. I further
certify that I will obtain a similar certification for each subcontract awarded in excess of $25,000.
DEBARMENT CERTIFICATION
AUTHORIZED REPRESENTATIVE
COMPANY NAME: RN GROUP, INC.
SIGNATURE: M /l4 DATE: 5/i7_ ZD 3
PRINTED NAME: Ilugh M. Kelso TITLE: Regional Vice President
IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
tq„gn4, ty its authorized officer have made and executed this Agreement as of the day
and year first above written.
By:
City Clerk
RJN GROUP, INC.
By: A^* M
Title: Regional Vice President Vice President
Changes, modifications or amendments in scope, price or fees to this Contract shall not
be allowed
without formal
contract
amendment approved
by the Mayor and the City
Council in
advance of the
change in
scope, cost, fees, or
delivery schedule.
END OF AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES
Professional Services-Design-Final-May2003 A — 28
052703
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX A —SCOPE OF SERVICES FOR FINAL DESIGN PHASE
This is Appendix A, consisting of 6 pages, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYE'ITEV ILLE, ARKANSAS he einaftcr referred to as CITY,
and RJN GROUP, INC. hereinafter referred to as RJN GROUP, INC. dated
S .
Initial:
CITY OF FAYETTEVILLE .
RJN GROUP, INC.
The following contains additional Scope of Services tasks for the Final Design Phase.
Generally, the project will include the final design of sewer improvements including interceptor
sewers and pump stations necessary to reroute the areas tributary to the Old Wire Road, Gregg Street,
North Street, Poplar Street, Porter Road, Hamestring Creek, and City of Farmington Lift Stations to the
proposed Westside Wastewater Treatment Plant as detailed in the RJN's Report dated June 2001. A
summary of the sewer improvements is presented in Table A -l. Design of the city of Farmington
Interceptor and City of Farmington Lift Station is shown in Table I as Optional Services. Design services
for these improvements will not be initiated without prior written approval of the CITY OF
FAYETTEVILLE.
PART A - PROJECT ADMINISTRATION AND MANAGEMENT
Project Administration
a) Perform Project Initiation activities
b) Perform general administration and project management activities.
c) Finalize agreements with subconsultants.
d) Perform RJN's internal project control including budgeting, scheduling, and quality control
activities.
e) Prepare and submit monthly work progress reports to the CITY and Program Manager and
confirm compliance with final design schedule.
f) Provide Program Manager information for posting on Project Web site as specified in
Contract Section 2.2.9.
g) Develop and maintain project Completion schedule throughout project.
h) Incorporate and maintain City's design standards and CADD standards throughout project.
2. Coordination Meetings
a) Attend project kickoff meeting with City staff and other consultants involved in project.
b) Attend monthly meetings with City staff and other design consultants to coordinate design
activities. (A total of 12 meetings is anticipated)
c) Meet with Arkansas DEQ, AHTD, and DOH as necessary to obtain permits for construction
of project. A total of three meetings are anticipated.
d) Prepare and participate in a Value Engineering session with CITY OF FAYETTEVILLE and
city's consultant. One five (5) day session is anticipated. It is anticipated that RJN GROUP,
INC.'s Preliminary Design Report will serve as the basis for the Value Engineering Review.
The accepted VE revisions will be incorporated into the final construction documents.
e) Prepare for and attend up to four City Council meetings to provide periodic updates on the
progress of the final design as requested by the Public Works Director.
PART B — DESIGN SURVEY
I. Surveys for Design
a) RJN GROUP, INC. will perform field surveys to collect horizontal and vertical elevations and
other information which will be needed for use by RJN GROUP, INC. in design and
AA -I
preparation of plans for the project. Information gathered during the survey shall include
topographic data, elevations of all sanitary and adjacent storm sewers, rim/invert elevations of
existing sewers, location of buried utilities where possible, structures, and other features
relevant to the final plan sheets. The location of buried utilities will be based on information
provided by utility companies and/or utility locates by Arkansas Call -One. RJN GROUP,
INC. will not be responsible for actual location of buried utilities and contract documents will
require the Contractor to locate utilities prior to construction. The location of trees will be in
accordance with the City's current specifications.
b) RJN GROUP, INC. Will Provide the Following Information:
All plans, field notes, plats, maps, legal descriptions, or other specified documents prepared in
conjunction with the requested services shall be provided in a digital format. All text data
such as plan and profile, coordinate files, cut sheets, etc., shall be provided in the American
Standard Code for Information Interchange (ASCII) format, all drawing files shall be
provided in AutoCad (DWG or DXF) format (currently Release 2000).
The minimum information to be provided in the plans shall include the following:
I) A Project Control Sheet showing ALL Control Points used or set while gathering data.
Generally on a scale of not less than 1"=40':
2) Coordinates on all P.C.'s P.T.'s, P.l.'s, Manholes, Valves, etc., in the same coordinate
system as the Control.
2. Public Notification
Prior to conducting design survey, RJN GROUP, INC. or its SUBCONSULTANT will notify
affected residents of the project in writing. The notification letter shall be on company letterhead
and shall include the following: project name, limits, Consultant's project manager and phone no.,
scope of survey work, and design survey schedule.
PART C — PERMITS AND EASEMENTS
Permits
During the design phase, RJN GROUP, INC. shall coordinate with all utilities, AHTD, railroads,
and other agencies affected by the Project. These entities shall also be contacted, if applicable, to
determine plans for any proposed facilities or adjustment to existing facilities within the project
limits. The information obtained shall be shown on the plan sheets. RJN GROUP, INC. shall
show the location of the proposed utility lines, and existing utility lines within the project limits.
RJN GROUP, INC. shall complete all forms necessary for CITY to obtain permits from AHTD,
railroads, and other agencies and submit such forms to the CITY. CITY shall be responsible for
forwarding the forms to the affected agencies for execution. A total of seven (7) Highway Permits
and one (I) railroad permit are anticipated.
2. Right-of-Way/Easement Preparation and Submittal
a) RJN GROUP, INC. will conduct research for availability of existing easements where
construction is probable. Temporary and permanent easements will be prepared based on
available information. The CITY will negotiate and obtain the necessary easements. A total
of 202 easements are anticipated for the Fayetteville sewers and 45 easements are anticipated
for the Farmington sewers.
b) Revise easements as required to obtain approval from property owners. A total of 25
revisions are anticipated for Fayetteville sewers and 5 are anticipated for the Farmington
sewers.
3. 404/Phase 11 Stormwater Permitting
All required 404 permits (Wetland delineation and mitigation) and Phase II Stormwater permits
will be prepared by an independent consultant to the CITY. It is anticipated that this information
will be provided to RJN GROUP, INC. in a timely manner to allow preparation of the contract
documents to meet project schedules. RJN GROUP, INC. will coordinate permitting activities
AA -2
with City's Consultant and will incorporate all requirements into project specifications. City's
Consultant shall provide Technical Specifications to address environmental, archeological, and
other environmental permitting requirements as necessary.
3. City Construction Permits
RJN GROUP, INC. will collect information and prepare and submit applications for City
Construction permits.
PART D — CONSTRUCTION PLANS AND SPECIFICATIONS
It is anticipated that the project will be divided into a maximum of seven (7) construction packages.
Final Engineering Design
Interceptor Sewers — RJN GROUP, INC. will conduct final engineering as follows:
a) Conduct geotechnical investigations as necessary to design the project. The extent of the
geotechnical investigation is summarized in Table A-2.
b) Prepare overall sanitary sewer layout sheets and an overall easement layout sheet(s).
c) Prepare preliminary project plans and profile sheets which show the following: Proposed
sanitary sewer plan/profile and recommended pipe size, water service lines and meter boxes,
gate valves, and all pertinent information needed to construct the project. Construction plans
shall also include details to re-route flows from the existing lift stations to the proposed
interceptor lines. The plan and profile sheets will be prepared on a 1 "=40' scale horizontally
and l"=4' vertically. All drawings shall utilize CITY OF FAYETTEVILLE standards.
d) Existing utilities and utility easements will be shown on the plan and profile sheets based on
information obtained during the design survey or from information provided by Utility
companies. RJN GROUP, INC. will coordinate with utility companies and the CITY to
determine if any future improvements are planned that may impact the project.
e) RJN GROUP, INC. will prepare standard and special detail sheets for sewer line construction.
These may include connection details between various parts of the project, tunneling details,
boring and jacking details, waterline relocations, and details unique to the construction of the
project.
f) RJN GROUP, INC. shall prepare demolition details for each of the existing lift stations to be
abandoned and include in the construction plans.
g) RJN GROUP, INC. will consult with the CITY/Bums & McDonnell and McGoodwin,
Williams, and Yates, Inc. to develop a cut -over and startup plan to bring the new sewer
system on line.
2. Lift Station Design- Hamestring Lift Station, Gregg Avenue Lift Station, and
Lift Station No. 12
RJN GROUP, INC. will conduct engineering design as follows:
a) Hamestring Lift Station
I) Prepare detailed Basis of Design for Hamestring Lift Station and associated forcemain
hydraulics, basic pump/wet well layout, alarms and instrumentation plan, standby power
requirements, and control interface coordination with the design consultant for the
Wastewater Treatment Plant Headworks operation and controls.
2) Conduct Mechanical design including pump and piping configuration. Prepare
Mechanical drawings including lift station upper and lower level plan and section
drawings, roof plan, odor control equipment, plumbing and miscellaneous Mechanical
details. (Total estimated drawings is ten, with an additional nine drawings for site
work/grading, cover sheet, index, hydraulic profile)
3) Conduct Structural design including foundation, generator foundation, beams and roof
framing. Prepare Structural drawings including foundation plan, upper and lower level
plan and sections, beam, lintel and joist schedules and roofing plan, and typical structural
details. (Total estimated drawings is sixteen)
4) Conduct HVAC design, and prepare HVAC drawings including roof plan, and lower
level/upper level plans, odor control equipment, and typical HVAC sections and details.
(Total estimated drawings is four)
AA -3
5) Conduct Architectural design including selection of facade material. Prepare
Architectural drawings including floor and roof plans, roof details, building sections and
details, railing, stair, room finish, signing, door and hardware schedules, and
miscellaneous Architectural details. (Total estimated drawings is eight) RUN GROUP,
INC. will coordinate with Garver Engineers to provide similar architectural treatment and
finishes on structures. All proposed architectural treatments and finishes will be
submitted to the CITY for approval.
6) Conduct Electrical design including selection/sizing of motor control equipment, lift
station generator and switchgear. Prepare Electrical drawings including site plan, MCC
and switchgear one -line diagrams, upper and lower plan, generator details, Electrical
Equipment Room details, lighting plan, odor control equipment and switchgear. (Total
estimated drawings is thirteen)
7) Conduct Instrumentation design. Prepare Instrumentation drawings including control
system functionality, control narrative schematics for power, HVAC, fault monitors,
pump controllers, liquid levels, gas (Hydrogen Sulfide) and pH monitors, odor control
system, and general instrumentation details. ('Total estimated drawings is ten)
8) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood,
thermal and moisture protection, doors and windows, finishes, specialties, equipment,
conveying systems, mechanical, electrical, and control end devices.
9) Evaluate and design a maximum of two (2) 10 hp duplex lift stations to facilitate draining
of larger parallel force main between Hamestring Lift Station and W WTP.
b) Gregg Avenue Lift Station
I) Prepare detailed Basis of Design for Gregg Avenue Lift Station and forcemain
hydraulics, basic pump/wet well layout, alarms and instrumentation plan.
2) Conduct Mechanical design including pump and piping configuration. Prepare
Mechanical drawings including lower level plan and section drawings, odor control
equipment, plumbing and miscellaneous Mechanical details.
3) Conduct Structural design. Prepare Structural drawings including foundation plan, lower
level plan and sections.
4) Conduct HVAC design, and prepare HVAC drawings including odor control equipment
and typical HVAC sections and details.
5) Conduct Electrical design including selection/sizing of Motor Control equipment.
Prepare Electrical drawings including site plan, MCC one -line diagrams, and odor control
equipment.
6) Conduct Instrumentation design. Prepare Instrumentation drawings including control
system functionality, control narrative schematics for power, HVAC, fault monitors,
pump controllers, liquid levels, gas (Hydrogen Sulfide) and pH monitors, odor control
system, and general instrumentation details.
7) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood,
thermal and moisture protection, doors and windows, finishes, specialties, equipment,
conveying systems, mechanical, electrical, and control end devices.
c) Lift Station No. 12 (Relocated)
I) Prepare detailed Basis of Design for Lift Station No. 12 (Relocated) forcemain
hydraulics, basic pump/wet layout, alarms and instrumentation plan, hoist, flow
meter/vault, and standby power requirements.
2) Conduct Mechanical design including pump and piping configuration. Prepare
Mechanical Drawings including lower level plan and section drawings, odor control
equipment, plumbing, and miscellaneous Mechanical details.
3) Conduct Structural design. Prepare Structural drawings including foundation plan, lower
level plan and sections, and typical structural details.
4) Conduct HVAC design, and prepare HVAC lower level plan, odor control equipment,
and typical HVAC sections and details.
5) Conduct Electrical design including selection/sizing of Motor Control equipment, lift
station standby generator and switchgear. Prepare Electrical drawings including site
plan, MCC and switchgear one -line diagrams, lower level plan, generator details, and
odor control equipment.
6) Conduct Instrumentation design. Prepare Instrumentation drawings including Control
system functionality, control narrative schematics for power, HVAC, fault monitors,
pump controllers, liquid levels, gas (Hydrogen Sulfide) monitors, odor control system,
and general instrumentation details.
7) Prepare Lift Station specifications including site work, concrete, masonry, metals, wood,
thermal and moisture protection, doors and windows, finishes, specialties, equipment,
conveying systems, mechanical, electrical, and control end devices.
d) It is anticipated that instrumentation design including SCADA, Human Machine Interface
(HMI), telemetry and Programmable Logic Control (PLC) controls will be provided by others
for all lift stations.
e) At the appropriate design stage RJN GROUP, INC. will provide to Bums & McDonnell pump
characteristics and specifications for large pumping units. This will allow Bums &
McDonnell to solicit price quotes from manufacturers to standardize the equipment.
3. Odor Control
RJN GROUP, INC. will conduct engineering as follows:
a) Conduct final Process Design for selection of Ilamestring, Gregg Street, and Farmington Lift
Station odor control equipment, including supplemental sampling of collection system for
hydrogen sulfide, mercaptans, and VOC's.
b) Select and size odor control equipment/media type compatible with Lift Station mechanical
and HVAC equipment.
c) Select and size passive odor scrubbers for force main air release valves.
d) Prepare specifications for selected odor control equipment.
e) Select appropriate odor and ventilation equipment for large interceptor sewers.
f) RJN GROUP, INC. will coordinate with Garver Engineers on the selection of odor control
equipment to be provided on both the east side and west side collection systems and pumping
stations. RJN GROUP, INC. and Garver Engineers will reach consensus and provide
justification for the selected equipment.
4. Specifications
Using RJN GROUP, INC.'s basic technical and CITY's General Conditions Project Manual
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. Project Manual shall be based on Construction Specifications Institute
(CSI) Master Format and Section Format and shall incorporate CITY OF FAYETTEVILLE's
standard general conditions and forms. Bid documents shall include required forms for State
Revolving Fund funding.
5. Preliminary Construction Document Submittal
a) RJN GROUP, INC. shall deliver five (5) sets of conceptual design plans (30% complete) for
design review by Bums & McDonnell. Plan sets shall include alignment plans, survey data,
existing utility information, and available environmental data. Opinions of probable cost and
major component material selections will also be provided as part of the submittal.
h) RJN GROUP, INC. shall deliver five (5) sets of preliminary construction plans (90 percent
complete) and two (2) sets of specifications and contract documents to CITY for review.
Generally, plan sheets shall be organized as follows:
Cover Sheet
Plan & Profile Sheets
Standard Construction Details
Special Details (As applicable)
c) RJN GROUP, INC. shall submit a preliminary estimate of probable construction cost with the
preliminary plans submitted for each project. It is anticipated that the overall project will
include seven (7) construction projects.
AA -5
d) RJN GROUP, INC. shall meet with CITY to discuss review comments for preliminary
submittal. Two review meetings each plan set submittal is anticipated.
6. Final Construction Document Submittal
a) Following CITY approval of the preliminary documents, RJN GROUP, INC. shall prepare
final plans and specifications and contract documents (each sheet shall be stamped, dated, and
signed by RJN GROUP, INC.) and submit five (5) sets of plans and construction contract
documents for CITY's final approval.
Table A -I
LIMITS OF DESIGN
Diameter
Length
Sewer Interceptors
(in)
(11)
Old Wire Road to Gregg Avenue
21-42
15,770
Gregg Avenue to Hamestring Creek
48
27,500
Hamestring to Proposed WWTP
18-36
11,7201'
North Street LS to Poplar Street
24
4,696
Poplar Street to Gregg Avenue
27-33
11,450
Porter Road LS to Hamestring Creek
24
14,112
Basin 5 Interceptor
15-18
3,317
Total
88,565
Lift Stations Extent of Impro
Gregg Avenue Upgrade
Hamestring Lift Station New Station
OPTIONAL DESIGN SERVICES 1L
Lift Station II to Lift Station 12 Interceptor 12,795
Lift Station 12 to Proposed WWTP Interceptor 9,175
Total 21,970
Lift Station 12 (Farmington) New Station
The Engineering Fee Cost breakdown is provided in Exhibit A attached hereto and made part of
this Agreement.
I/ It is anticipated that the constructed force mains will be parallel force mains with a smaller
diameter main for dry weather flows and larger diameter for wet weather flows. The total
length will be 23,440 LF.
2/ These services will not be initiated without the written authorization of the City of
Fayetteville.
• TABLE A-2 •
GEOTECHNICAL INVESTIGATION SCOPE AND FEE SCHEDULE
ILLINOIS RIVER BASIN SEWER LINES & PUMP STATIONS
WEST SIDE TREATMENT FACILRIES
FAYETTEVILLE, ARKANSAS
for
RJN
DALLAS, TEXAS
August 30, 2002
•:. ... . • . ,. •
•
111
.• 11 ••
S. . •z: .t .: .:
I•
1111
•••.•:.....: w: ..
1•
•• 11
,. .: .. :.. .. .
•1II
V •.1 11
. .
• I•
:I , I • h •
:I
11
y11 11
a•, •• • •
I'
ii
i• • •
II
1 1 1
-..
: 1. 11
• II • I .• • [ :. [
• II • I. • • •
••
III
• III
••. I .1.. •
11
111
I; . ICore a •I •
I
11
• II,
• .9111
• [ I •. • I [: •
I•
11
[ a • • • . • .
11•
11 11
•
[ .. .• z, • , •'I: •I of •
11•
111 I•
• [ .. [ I. of • •:.
11
'III
11
• Manager)/
15.0
1 1 1
•• :. •:.• • �• • • z •
1•
1.• 11
C. • •••I.: • • [
.:
1•
III
7• •• •: • 1
•
. 1 1 1
.- 1 1 1
•z•• • :I •
II
1•
11
ESTIMATED GEOTECHNICAL INVESTIGATION AND ENGINEERING $61,773.00
Any Additional Items stwtl be acoonA g to attached Fee Shceduie
,•1
SUBMITTED BY: L •I(tV..1'—
WAYNJ6NESSPAE.
Vice Pre M
CIOATAIGEOT EGNay-c.wahal.. W BZ *
• TABLE A-2 •
GEOTECHNICAL INVESTIGATION SCOPE AND FEE SCHEDULE
FARMINGTON SEWER LINES & PUMP STATIONS
WEST SIDE TREATMENT FACILITIES
FAYETTEVILLE, ARKANSAS
for
RJN
DALLAS, TEXAS
August 30, 2002
14 • • 1 • •m
• I. w•:. • sir •• • .•
.•.
II
, II
n • r r• • i•
.
1 1 1
-I 111
is • h • •: •:
.11
•1111
•t :r....: ►: . • ;..
.
11
111
I II
V 1 11
11
• • i• h .:
II
1 1
r•r:
I2I 11
• 1 • : . ... .I . I
• Drilling 1 • . •
.
1 I I
. III
••r I is •
I
1,
III
I; • • • 1 '' •
I
I,$10050.00
.. •
1 -1 11
• -/Gradation. • •'•. •
111
1111
r• Z• • •• - •5 • ••.
-II,
VII II
.. I • • • •:.
.
11
.1 II
I. 11
! • r r: Y• . • • • r
•. . •; • • :r •:
•
1.11
III
• . •[ r• • u• • n .
1 1
1 1 1
• • • •: • I
1
•
.111
.I1 1I
:•• •: • h:
•
11
11
.• •
1 11
t
I 1 1 1
.. . .: •r. •' • to r : •Schedule
SUBMITTED BY:
R. AYNE JON , P. .
Y President
CIOATAZEOTECHV&y sr•41mq.WB2rj
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX B - SCOPE OF SERVICES FOR BIDDING PHASE
This is Appendix B, consisting of I page, referred to in and part of the Agreement For Professional
Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS hereinafter referred to as CITY,
and RJN GROUP, INC. hereinafter referred to as RJN GROUP, INC. dated
Initial:
CITY OF FAYETTEVILLE
RJN GROUP, INC.
The following is the Scope of Services for the Bidding Phase.
I. Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. Notices shall comply with requirements of CITY and Revolving Loan Fund
(RLF) administered by the Arkansas Soil and Water Conservation Commission, Construction
Assistance Division, and the Arkansas Development Finance Authority (ADFA). The legal notice
to be placed in legal notices section of a local newspaper shall be coordinated with CITY
purchasing agent and an affidavit of publication secured.
2. Prepare addenda for drawings and Bid Documents as required and submit to Program Manager in
timely manner such that addenda can be issued in accordance with Construction Contract General
Conditions.
3. Secure updated state and federal wage rate decisions and incorporate by addenda into the Bid
Documents.
4. Assist CITY in issuing and tracking Bid Documents, addenda and communications during bidding
and maintain list of plan holders. Provide additional copies of plans and specifications for
prospective bidders. RJN GROUP, INC. shall be responsible for costs of additional copies.
S. The Program Manager shall organize, convene, and conduct a Prc-Bid Conference. RJN GROUP,
INC. shall attend Prc-Bid Conference to explain the project requirements and receive questions
from prospective bidders. RJN GROUP, INC. shall consider the questions received and issue
necessary clarifications and changes to the Bid Documents through the use of addenda.
6. Assist CITY in obtaining and evaluating bids and preparing construction contracts. Provide four
(4) copies of the bid tabulation for each project.
7. Consult with and advise CITY as to the acceptability of subcontractors and other persons and
organizations proposed by the prime construction contractor(s), hereinafter called "Contractor(s),"
for those portions of the work as to which such acceptability is required by the Bid Documents.
8. Make recommendations regarding award of construction contracts.
9. Attend Water and Sewer Committee meeting and the ensuing City Council meeting to recommend
action by the respective bodies. Prepare and present a recommendation complete with such
supporting information as necessary for the bodies to make an informed decision on the action
recommended.
AB -I
S
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX C - SCOPE OF SERVICES FOR CONSTRUCTION PHASE
The final scope of services and fees
for construction phase services will
be negotiated
after completion of
the final design services.
AC -I
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX D - SCOPE OF SERVICES FOR POST -CONSTRUCTION PHASE
The final scope of services and fee for Post -Construction Phase Services will be negotiated after
completion of the final design services.
AD -I
CITY OF FAYETTEVILLE
AGREEMENT FOR ENGINEERING SERVICES
APPENDIX E - SCOPE OF SERVICES FOR RESIDENT SERVICES DURING
CONSTRUCTION PHASE
The final scope of services and fee for Resident Engineering Services will be negotiated after completion of
the final design services.
AE -1
D
N
D
.-,
w
...
a
fl
V)
W
V
O)
G)
A
W
N
J
a
P
F
m
-1mtnDm��Dlfnvm
(no
NN
A
W
NJr
N
J
J
J
J
J
J
o
C
C
p
d
d
a
y
p
w
C
p
C
3
C'
0
0
0
0
<<0
F
o
m
m
m
m
to
Q
b
m
T
p
p
is
D
o
o
n
m
d
p
o
�2oN
cymcc
c
m$p
013x'
mpo
Mn
m
P
4
m
odm�,o
w
u
OCO'�n
0
0
n
mn
m
w
m
2
O
J
y
d
T
d
N
O
J
d
O
P
o
p
d
(�
O
39.w
P
0
Qf
^
P'
=
d
d
»cno�
—B.
M
m
�2
�
jo
3m
3J
=
^
m
P
J
n
A
0
5.
00
d
001
j
O
O
O
Q
d
V
N
0
N
p
•
d
3J
qc
p
3
,
m
m
a
j
n
a
P
_
6
o
C
a
T
O
-Ti
C) m
y
pao�
A
P
O
O
o
o
A
N
N
N
N
N
CO
Qo
N
N
j
Cl)
0
O
N
T r
mm
A
V
V
_
A0N_iAOA�
N
N
N�NO)N
__
p
A
A
A
OD��
y
N
uJ+iA
mm m
_m
'vommpmmmo
''o
;o-ao
mom
mo
m
0°≤
Jg
-
m
W
r (n
m c)
O
o
000000000
0
o
ro
o?mmp
J
A
w
3
OOOOOOO8O
A
A
r uy
O
A
A
N
N
O
m
D00
v
y
O
Co
O
on
O
N
N
N
N
N
O
A
J
A
tat.,
+
J
J'
N
O
Z
CD
DD
OD
CO
O
00
00
00
O)
O)
M
M
U
U
w
U
U
w
w
U
U
N
N
w
N
U
N
N
N
N
N
N
N
N
N
N
N
+p�1pp
{J
N
+
Ca
D
PO
J
MthC
NOJ
AO)
+J
Ap)
J
NOO
J
N
A
NOO
OI
+
V
C
0N
W
W
A
N
OI
Of
O
N
O7
O)
�
p
r
V
N
OfD
1
V
O
DD
DD
O
N
+
J
W
O
N
A
N
V
O0D
A
N
O
000000000
00
000000
U
00
00
N
O
M
N
N
U
N
N
w
N
N
*.s.
N
N
o
A
W
Ou
a
N
N
A
Oo
O
U
O
W
pp
U'u
N
Ui
OlO
O
O
0
0
0
0
OMC
O
O
N
M
N
N
N
N
N
U
w
w
N
N
N
w
N
U
N
N
N
N
N
N
N
U
w
U
U
m
N
u
O
+
N
N
J
J
+
J
w
L
L
N
J
3
O
V
m
N
N
N
D7
C0
O
A
O
N
N
m
DD
J
+
A
N
tN.)
O
N
O
m
V
+
N
N
tD
V
V
O)
U
lD
N
V
W
O
(J
OD
CO
CO
CO
CO
A
01F01
V
N
+
N
J
O
UI
U
O)
J
(Ap
O
pp1
N
OI
J
N
V
0
U
0
o
0
0
o
o
0
0
W
W
ONO
N
V
V
CtOp
J
J
0
O
O
0
0
0
0
0
0
N
O
O
O
O
O
x -
Z
C
O
II I I I I I I I I I I I_ _ _ _
D ICJ: tJIt9Ic.JIc,.1 La taiL., 'O 0 Ol UI A *44K) + O {O W V Q� N A W N O {O m V 01 UI A W N �+ O tO N V tT N A W N �+ {
Z O 2 S C T C C y l� t 41 T'' Z . X1 0= Si lD n
m m D' o ! o! c0 D all ! In y m! Ln y al m' y fT'" o m m N m O.° o f l m
'moo flS`b' oo .300 3 o3 nl�m ��C2 13' nIm I
S o w a'I >• � m n g� m _.I I c m o� D 0' � m �j , 9 >• D 0• CA D n 7- a
o of c o. c (p 3 q
L, o o e J 1CH1
J w O Jyi 1p D (1 m J n'. N .�. » Y
J C N Ti G D O N .r C !, ]' L C (7 7 o 5_:O0CJ O 0' J D a J J
3 31 m 3 7 G 3 o j 3 m o a m pD o SD �4 , V i H J 0 o a o ➢o aD C 1 i
n� �3u X'�H �ooJi 3.�0 'nD 1 Ii m�n��D`�n 3•C o'a nO i
d GI ESQ l -.- jail a, i d x »i A 71 V•m 1 �' �l yid Ti QO �
° N I
7 x f N F ' A E o �" Co'o � �t�
a ID 0-.. n -.-1 \ - .' N o I '
n' \I
m G GTTh o G o G J JO I
Ili �I�- ! !� !
NI a N :D O All tb D) '�.. D: a W V VI ! N O]i 6 �1 V VI V L^^. CD m a a a a AI.
� v N V V w N v v v J A N v v. wl \ N' v w r', r .wa" U% i
W' N' \ w •, Jw J` NI A A A� P a a
w ! .a i O P�. A. cc w \ \ \ \ w r \ \ \ _ \ \ \ \ QI
\, O; \ O OI + O 0 \ O OI p O O O pp O C C C C O a O. C I C C C O OI O O C
O a O A) Cs) O O W WI W W W A W WI W O W. w W W' W W W W
W a (J '„'. C
A)
pA w W A w W W w ,� W w w
�� VII Ull A� ! Ol' Vl a �+ CPI ul P OI N .� + vI ! P mi a .+ . (D (O �I� ! 0) ! (p a ..+ a
I.N N W N, a • ! J ,�'. N! ,J u a J a N I J .J ' N A N a
Ql W' N 1 N .a OJ A w 4' !
\ 1ppJl pOp O 2w pdp Qppl `'., d pA �po • ; N A i UI Ql o w N � it 4l a two w A a ow � (\i i i �'; w \ r - O a
A A Y A A OW K g d1 OO O D O'' 0I A O O O C O D O I O
:(Ha A '; W W A W W W ..: w
III
HI
I I I I. I TTjI a L
i •J I
k - ___ __ _________ — — — _____
C-, _ F ___ H .'d. H]
- - - — - F I .. £_ - - - — —
I CD
i I
III
I
n
0 o A N
m
; — Z o tD
____Ii_ I I
__ I I C 'C + li - BCD
w 1 J n,l v V Ii W 2
3
CD
M
r -Ii
Icn• v, I
0
I i I K
O
1
I
I III
•
I
N N
i
INJ
NNJ
•
Ni]
II I
1 I I I
1
N O I O
N
III, I 01
Li
I
I III ! CJ
I I I I �
O
N
o
o
v V
V
V
V
V
V
V
V
C)
On
O)
OM
On
Q)
In
C1
a,
m
in
N
N
to
to
to
to
to
In
N
A
A
A
P
A
A
a
A
A
A
N V
Ol
U1
A
W
N+
OW
W
V
m
to
A
"I"
O
a0
m
V
°
UI
A
W
+
O
LO
m
V
Qf
V1
A
W
N+
O
1
Z
o
OI
o
ID
r'
'J
V
s
f
C
SI
',
i>t°
a
Z
ID
D
t
X
2
ID
D
H
2
G7
D
a
Q
"
O
'$
O4
ID
.
O
O
a,
3
O
O
O
O
ac_,
lm''IJ�=a;O
ml�anN
�OIln
n
-.p\N»'O\mm
pl
W�
O\N
O1O\(o
I
n
n
J
Cn r7
(�
V.'
n!
-•,
n
N
U
1
n}
e
N
o
N
D
S
Ijj
N\
fJ a ...
N
m
�_03
O
O
N
3
OO
? li
-,
:7
t0
U)
.�..
cr
U
cn
N
O
(�
n
coo
7 I
t,
a
9,3.c
O
>',�
,
O~4Z
n o �?
o
=I
OIN
nl
..
.
m
l...
'D'
O
7
a
^'
Q
JI
pl
a
a
2
ID
D
up
3
3
a
3
u
aa
3
c
a
O
n
y
3
+f!!
3
N
�'
N
3
N
r'
N
3
'�
N
CI
1]
N
J
O
�.
o
ti)
O
N
d
N
N
IJi
CI �'
IlD
1•
!
I
o
m
O
-O
a
m
o
*o
tD
;�'
m'
J
0I
J
m
Z
m i
n
m
o
=.
O
fl
0O
O
n
ro
w
..
,
`
i
1
O
(O
OOti
J
OO
w!
O
(7
O
OI
I
O
I
I
t
90
t V
G
V
7
N
»
F
M
n
N
F'II
n
F
.y
m'
FI
F
m
mI
ID
m
, m cn ill! till
�
QJ
rnl
:n 1�1
p
m
m
O
u1
mI
V
O
�'
�'
w
;
N
c0
io
1,
Oi
,
'.
+III
'I
a
a
W W
N
NI
W•
'I a
r
N
a
NI
N
N
J'
N
J
J
J!
NI
..'
NI
U
r .i
r
W
r1
w1
NI.
U'
a
—
W
N
AI
Ap
'.pi.'
a
V.
Sc
Cl
f_D
U
JI
WI
N ,
W'
N
.+
�, \
ICI
ppI
C
—!
O
O
o
=
-
\
pwl
(l7l
U1
oti
pO
Cl
>
O,
ti
fU.
i
N
O
O
lV
8 8 S
gjSS'a
AI
A
(c
a:O1O A
�
`
CZ
m
v'
m
CD
COI
III
m�
5
N'
VI
.aI
=
1,
V D
w
cc
p
w
N
Oli
w
lJ
..
N
tJ
I
N
N
�.
N
.�..
!
.!'
A:
(J
N
[.)
(a
w `
r
N
N
C`a
N
)J
N
�
O
t
�
m
O
C`
�
`
°o
mo
C
Ap
'
mm
w•„�'
Op
mm
=
t`
? c
� pa `
QN
pm
pw
pO
pm
pO
o..
po
pO
Q
p
pv
p
\j
O
CO
A
A
A
LaH'')
A
A
A
A
d
A
W
H
I.r
W
a._
HH.
H
H
JI
I I I
i
p
J
�A
O
I
I
I�
I
hI
_
I
I
I
_
�IIII 1
HI
I
I
1
I
J
A
J
v
F i
1
l S
V.
I
^
1
1
�l
m�II
I
I
W.
I
N
O 1
or
I
H
I
♦
1I
IIN
I
N
I
I
1
I
11
N
N
1
I
I
1
N
N
I
I
W
I
I
,
I
Is
I
N
•
N
S1
VI
'-''C
L
J
n
T
3
a
d
a
�
3
O=0
'
0
CD
CD
\,
rr
1
•
•
•
!
!
J
!
!
....
.J
.J
uA
uA
u..
�.+.
..J
.A
.A
.A
.A
.•.
�,
w
w
m
m
m
m
m
m
W
m
m
m
1
!!!!
O
O
O
O
O
O
O
O
O
O
m
m
V
m
vI
A
W
N!
O
to
m
V
m
VI
A
W
N
�+
O
(D
I V
m
N
A
W
N
-+
O
tp
m
V
Qi
in
W
N
-+
O
_
_', Z'
OI
O
1
d
o
y
o
-r.
Z
Q>
-c
Z
LC
>
-C'
0
Z
ID
D-
O,,
Z
m>
t
N',
Z1
m
D
CJ D 7
�i
3
a
3
a
a
a
o
a
n
o
n
a.
�,
a
o
c
m'
m
»'
z
Z
�.
?
-•
o
n
a
cn o a` a 0
3'
J
O
v:
o
v
fi
/•n
v
N
fi
v;
;n.
m.
�
to
O
a
�
>
o
t
c
o
c
a
°
o
c
'
O
<t
p
cr,
a
l v ci V: v
I
�
o
_ i
S,
J
d
I
n
t]
o 3
( O a
9
O
CJ
N
1 [D
n
o
t7
N
O
J'
o
A
CI
a
J',
o
n
a
O
3
o f
i
.O
10O
:J
=
d
101r.1
N
O;D
g
�♦ O N O
D
J.
N
ID
-_
a
O
ID
O
IDlm
i
N
ID
1 i(1
1
'CI
1
3
CO
a
o
QIJ
0 A o _.
I�
o`
d
a'
a
_It
o
a
..It
a'
l
a0
o
o
^'
D,(
Ti
„,
3
a
o
!
o
o
o
C
l y
-♦
a
Q.
r a as
o
(l
J
O
O
J
O
O
V'
t
O
J
O:
.IC
O
J
1
0
N 0 J
0
0
•
✓;
0
0
U)
0
O I
O
O
m
O
'n
J
v
y
0O
O
I
fl
(1
O
y
Qi.r
(2
O
,
O
fl
a
.o
O
3
,
'RI
Cl
n 0
a
c.da
c
�
a
cl»'a
c
a'
a
c
n
von
3'
o
310
3
3
(0,
m I
3
3
..,
0
J
m'
J
o
0l
,
J
J
I
D
N
N
N
N
_
I
ICI
N
a
-
p
6
A
O
fD pr
OD
m V ti
ti
^Jj
f0
CO
•wS'
bw'
J
J
O
:O
('J
a
N
N
+!
Ot N
A
-
w
w
w
w
w
w
w
w
w'
w
`
w
•
J)
-+
w
:II
L1
r Vi •'' W
.%
W
.
OI
�'
c
U
N
•a
.�,
!
I
l
O
c
O
O
0
a
a
Pl
Ail
A
A
AA
AA
p
p
P
P
All
All
A
A
l
J
J
!
J
J
J
Ln�
•.i
a
a
J
"1
i J
''I
W
'S. *.J1
-+
O
O O
O V
CC
O
O
O
N
N
O
OI
N'.
P_
A_
P_
J
y-
-.Li
J
v
J
J
v.
i J N a
1,
+
W
J.
ap
N
J
Oi
a
W
J
•.a
W
O
O
A
p!
p
o
A
pN
A
0
a
A
A
A A K a A
A'
OP
2
A
P
p
All
A
A
A
A'
a
A
K
P I
a
a
A
A
P
'. A
I
r
N
,
N III
.
W
IW
I
N
III
I�
l
•1
Nil
♦
1
I
N
W
W
I
N
A
1
!
!
-\
P
I -I
I
I
I
I
J
\
I
I
l
l
ii
TJT
l,
I-
N
II
INI
I
N
IoI
•
l o !I
NJ
N
NI
-
IN'iIwl
I
W
NI
•II
I
liN
•
I
I
I
N
III
N
J
♦
",
I
i
i
p
p
O
•1
III
II
D
W
i
I
I
I
a
•
0
I
•i
1
1
N 1
Li
G7
ft
ID
ID
n ` _
Zen
0 � �
K 3
n 0O
O
CD
2.
19
C,
rr
•
Iu
-4
3
Z
0
a
C
S
n
O
A
A
C
A
J
N
J
N
a
J
—o
to
N
T 7
-, l
1 5'
C
O S
I ci
—
m
0 m
E
l it I
11 l•- J 1
0 0 O O,
1 t
O 0 0 0
=
L7 L7 O: Ql
O -•-
O D
V1 U1 tT U
N
W
� W
AA
J
lm
W
(0
«
N
«
Cl
Cr
l
Qi
I -
V
O
N
ti N
«
«
N
N
N
y N
IA
�A
N
01
J C1
N
C)
N
7 P.
N
N
N
�
y N
y �
O
Y tO
W
O
l i J
'3:0'
W
w
W
• h N
Z0
0
o
I
•
G7
CCD
CD
1
/N
N
CD
3
3
C
IC
CD
3
v
CD
0
rr
ti
-I
[1
0
•
NAME OF FILE: Resolution No. 112-03 w/Agreement
CROSS REFERENCE:
Item # Date Document
1 06/03/03 Staff Review Form w/attachments
memo to City Council
draft resolution
2 07/30/03 memo to Greg Boettcher
3 09/26/03 copy of email to Greg Boettcher
NOTES:
STAFF REVIEW FORM •
X AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW ',".''"•�,-�
For the Fayetteville City Council Meeting of: J�s— ,2003
Greg Boettcher
Name
Water/Wastewater
Division
Water/Wastewater
Department
45S
7//510.3
// Z
RJNGrouP/c
ACTION REQUIRED: Approve a contract with RJN Group of Dallas, TX for the design and bidding of the West
Pipelines and Pump Stations portion of the Wastewater System Improvements Project, said contract providing
for a lump sum means of compensation with a contract amount of $2,500,718.00.
COST TO CITY:
$2,500,718.00
Cost of this request
4480.9480.5315.00
Account Number
02133-0302
Project Number
$ 48,202,040.00 Water/Wastewater
Program Category / Project Name
S 13,046.00 Wastewater System Improvements
Funds Used to Date
$ 48,188,994.00
Remaining Balance
Program / Project Category Name
Sales Tax/Wastewater
Fund Name
BUDGET REVIEW: X Budgeted Item Budget Adjustment Attached
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
�u3 03
Date nternal 4iditor Date
fo�f/a3 ea 5 oa
Date Purchasing Manager Date
STAFF RECOMMENDATION:
Cross Reference Rec'd in M yo 's'j
Divisi Head Date Office V o-+
LD New Item: Yes No
-2 dZ
Depa ment Director Date Previous Ord/Res#:
Orig. Contract Date
F e% Internal Services Dir. Date
Orig. Contract Number
Chie minis ative Officer Date
Mayor Date
Description
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
• Staff Review Form - Page 2 •
Meeting Date
Reference Comments:
E
FAYETTEVILLE
THE CITY OF FA YETTEVILLE. ARKANSAS
WATER AND WASTEWATER DIVISION
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville City Council
FROM: Greg Boettcher, P.E.
Water & Wastewater Director
THRU: Dan Coody, Mayor of Fayetteville
Hugh Earnest, Chief Administrative Officer
DATE: July 10, 2003
RE: WASTEWATER SYSTEM IMPROVEMENT PROJECT
RJN Group
West Pipe Lines and Pump Stations
Design/Bidding Phase Service Contract
BACKGROUND
The citizens of Fayetteville have approved a S125 million sales tax bond issue to address
the capital costs for a critically -needed wastewater system improvement project. The
passage of this'/. -cent sales tax enabled low-cost, accelerated financing for said project,
scaling back customer rate impact from 134% to 38%. Since passage of the sales tax in
late 2001, the City Administration, consultants and regulators have completed a number
of funding, environmental, procedural and program functions; finalizing the preliminary
design phase of the wastewater system improvement project. Activities that have been
completed during such time period include:
• Secure technical approvals of engineering concepts
• Complete Cultural Resource Surveys as required by Arkansas' State Historic
Preservation Officer
■ Solidify financing arrangements using a combination of SRF and private funding
• Develop an integrated program for this large capital improvement project,
including:
✓ selection of program manager
✓ development of standard project bidding materials
✓ creation of an integrated construction program bringing together the multiple
consultants, projects and needs
✓ acceleration of project construction by incorporating a prioritized, segmented
approach that anticipatesl3 bidding packages
P
Development of a standard professional services agreement
Capitalization on cost -saving opportunities that have substantial financial benefits
✓ Broyles Road Analysis
✓ Outfall Line Assessment
✓ Future benefits of team design, peer reviews, operations involvement,
constructability critiques, program management and value engineering
Negotiation of professional service agreements with the engineering/program
management consultants that have explicit scopes of work, exacting performance
schedules, and defined compensation.
DISCUSSION
The Fayetteville City Council, at a special meeting on July 8, 2003 placed the negotiated
professional service agreements on the City Council Agenda. The attached contract with
RJN Group, relates to design and bidding phase services for the West Pipelines and Pump
Stations component of this wastewater improvement program, the specifics of this
contract being summarized as follows:
CORE ELEMENTS -(1) Approximately 16 miles of 15 -inch to 48 -inch gravity
sewer line, (2) approximately 4.6 miles of force main, (3) construction of 3 wastewater
pumping stations, and (4) division of work into eight contracts.
COMPENSATION- $2,500,718.00
The design and bidding phase services set forth in the proposed agreement are associated
with the Fayetteville Vision 2020 Guiding Principles listed below:
1. Naturally Beautiful City: Our Mountains and Hills, Our Creeks, Our Open
Greenspaces
2. Well maintained City Infrastructure and Facilities
The completion of the west side wastewater treatment plant and associated improvements
are necessary for the targeted benefits of the wastewater system improvement program to
be realized; therefore, the contract approval is integral to the maintenance of
infrastructure and facilities.
RECOMMENDATIONS
To provide the proper and responsible management of the Fayetteville Wastewater
System, the City Administration recommends that the Fayetteville City Council approve
a contract with RJN Group for $2,500,718.00 to design the predicted $28.4 million of
project construction. This activity was reviewed and approved by the Fayetteville Water
and Sewer Committee on June 5, 2003.
RESOLUTION NO.
A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT
WITH RJN GROUP, INC. IN THE NOT TO EXCEED AMOUNT
OF $2,500,718.00 FOR ENGINEERING SERVICES RELATED TO
THE WEST PIPELINES AND PUMP STATIONS
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 approves a lump sum contract in the not to exceed amount of Two
Million Five Hundred Thousand Seven Hundred Eighteen Dollars ($2,500,718.00)
attached as Exhibit A. This lump sum contract engages RJN Group, Inc. to
provide engineering services to include project design surveys, easement
documents preparation, odor control designs, project administration, value
engineering support, project coordination, preparation of construction contract
specifications and drawings, estimating probable construction costs, and
providing bidding and negotiation services for eight construction contracts (as
more particularly described in the contract) related to the West Pipelines and
Pump Stations.
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby authorizes Mayor Dan Coody to execute this contract (Exhibit A) to hire
RJN Group, Inc. for this project.
PASSED and APPROVED this the 15th day of July, 2003.
ATTEST:
By:
Sondra Smith, City Clerk
APPROVED: Lt
By:
DAN COODY, Mayor
C
Contract Information
was included in the
Design Contracts Manual
Dated June 10, 2003.
Copies are available in the
City Clerk's Office
FAYETTEVfrILE �
TMt CITY OF iAYMEvttu. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Greg Boettcher
Water & Wastewater �� p
From: Clarice Buffalohead-Pearman
City Clerk's Division
Date: 7/30/2003
Re: Resolution Nos. 101-03, 108-03 thru 112-03
Attached are copies of the above resolutions passed July 15, 2003, by the City Council for the
wastewater treatment plants Also attached are executed agreements signed by the mayor and
city clerk as follows:
1. Res. No. 101-03: two original copies of the agreement with CH2M Hill, Inc.
2. Res. No. 108-03: two original copies of the agreement with Black & Veatch Corporation.
3. Res. No. 109-03: one original copy of the agreement with Bums & McDonnell
Engineering Company, Inc.
4. Res, No. 110-03: two original copies of the agreement with Garver Engineers, LLC.
5. Res. No. 111-03: two original copies of the agreement with McGoodwin, Williams and
Yates, Inc.. Appendix A-1 has a form for LSD uncompleted. Appendix A-1, page 14 and
page 15 have forms that need to be completed and signed by the landscape
administrator. I assume that the city is not to this phase as of yet. Please return a copy
of these pages to the city clerk's office for filing when this process is completed. Thank
you in advance for your cooperation.
6. Res. No. 112-03: two copies of the agreement with RJN Group, Inc.
These resolutions along with the Exhibit As will be recorded in the city clerk's office and
microfilmed. If anything else is needed please let the city clerk's office know.
/cbp
Attachment(s)
cc: Nancy Smith, Internal Auditor
Clarice Pearman - contracts __�_ Page
From: Clarice Pearman
To: Boettcher, Greg
Date: 9/26/03 12:13PM
Subject: contracts
Res. 112-03 passed in July approved a contract with RJN Group for engineering services. I have the
contract and it is signed by Mr. Kelso and Mayor Goody but there are two places for initials on the
Appendix A-Scopy of Services for Final Design Phase and Appendix B -Scope of Services for Bidding
Phase that were not completed. If you could call Mr. Kelso to come by the city clerk's office and initial
them I would appreciate it.
Also on Res. 111-03 passed in July approves a contract with McGoodwin, Williams & Yates, Inc. for
engineering services for the new wasewater treatment plant. There is a section regarding wetlands
mitigation which has a place for the landscape administrator's signature in two places. Do we have a
landscape administrator to replace Kim Hesse? Or should we try to contact Kim to come by and sign this?
Thanks for your attention to these matters.
Clarice
x309
I -. r
5<
v
ruanH!- 14177
I".4.UN1 /` M^'I'o lur_onl to
ACORD. CERTIFICATE
OF LIABILITY I SURANCE
DATE (M
08/031077°"rn
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
(Barbara Fritz 312-279-4618)ONLY
^
HUB International Midwest Limited ft�� f
P IV EO
AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. RTHIS
E ISCIFI AT AFFORDED NOTAMENHE D,
POLICIES
BELOW.
55 East Jackson Boulevard 1�
Chicago, IL 60604 MIG
p 6 207
INSURERS AFFORDING COVERAGE
NAIC #
INSURED MLLE
R J N Group, Inc. C17Y OF FAYETTE
200 W. Front Street MAYOR S OFFICE
Wheaton, IL 60187
Attn: Katrina Colbert
INSURERA Hartford Fire Insurance Co.
19682
INSURER B: Hartford Casualty Insurance Co.
29424
INSURER C: Hartford Insurance Group
29424
INSURER D: Essex Insurance Company
39020
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LLWSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY
PATE IMMIDDrn')
PDA DATE MPDQ(flN
LIMITS
A
GENERALLIABILTTY
83UUNAH1317
08/01/07
08/01/08
EACH OCCURRENCE
$1,000,000
COMMERCIAL GENERALDABILITY
X
DAMAGETORENTED
$300000
CLAIMS MADE aOCCUR
MEDEXP(Anyonoperson)
$10000
PERSONAL 8 ADV INJURY
$1 000 OO0
GENERALAGGREGATE
$210001000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOP AGG
51000000
PR
POUCV TO-a_Xa dOC
"x•'.
.v.: _.� •s,[b.
-.,
A
AUTOMOBILE
LIABILITY
ANY AUTO
83UENAJ1418
08101/07
08/01/08
COMBINED SINGLE UMIT
(Ea acddent)
$1,000,000
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
&a CO
HIRED AUTOS
NONOWNEDAUTOS
X
PROPERTY DAMAGE
(Per acddent)
S "
GARAGE LIABILITY
Not Applicable
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
5
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESSAIMBRELLA
LIABILITY
83XHUAJ1106
08101/07
08101/08
EACH OCCURRENCE
s10,000000
OCCUR CLAIMS MADE
X
AGGREGATE
$10,000,000
$
DEDUCTIBLE
X
$
RETENTION $ 10000
C
WORKERsaowPEN A—nDNAND - - ---83WEPL1586
—
-08101107
08/01108 _
X
STATU----
°a -T
EMPLOYERS LIABILITY
ANY PROPRIETOR(PARTNEWEXECUTIVE
OFFICERDAEMBER EXCLUDED?
E.L. EACH ACCIDENT
___
5500000
E.L. DISEASE EA EMPLOYEE
s500,000
Ifyes,de txIunder
SPECIAL PROVISIONS Imlow
E.L. DISEASE - POLICY LIMIT
$500,000
D
OTHER Professional
07CPL00327
08101/07
08101108
$1,000,000 Each Occ.
$2,000,000 General Agg
$50,000 Retention
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Fayetteville is named as Additional Insured on the above
general liability but solely as respects the work being performed and/or
supervised by the Named Insured in connection with the Wastewater
Improvement Project.
City of Fayetteville Attn: Greg
Boettcher P.E.
113 West Mountain
Fayetteville, AR 72701
ACORD 25 (2001100) 1 of 2 #M159148
I ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30_ DAYS WRITTEN
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 10 00 SO SHALL
NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Al/THORIZEO REPRESENTATIVE
Lirawi� X a
BAF 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
}affirmatively or negatively amend; extend or alter the,. coverage afforded by the policies listed thereon.. ........a .
ACORD 25S (2001108) 2 of 2 #M159148
Client#: 13177
RJNGROUP -es
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
07/28/2009 "'
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Fax: 866-594-4578
HUB International Midwest Limited
RECEIVED
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND,
ALTER THE COVERAGE AFFORDED BY THE POLICIES
EXTEND OR
BELOW.
55 East Jackson Boulevard
Chicago, IL 60604
JUL 31 2009
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
R J N Group, Inc.
200 W. Front Street
Wheaton, IL 60187
CITY OF FAYL II EVILLE
MAYOR'S OFFICE
INSURERA: Hartford Fire Insurance Co.
19682
INSURER B: Hartford Casualty Insurance Co.
29424
INSURER C: Hartford Insurance Group
29424
INSURERD: Essex Insurance Company
39020
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INR
NSRWD'
TYPE OF INSURANCE
POLICY NUMBER
POLICY(EFFECTIVE
DATE MFFECTI
POLICY EXPIRATIONL
DATE EX D
LIMITS
A
GENERAL
LIABILITY
83UUNAJ1317
08/01/09
08/01/10
EACH OCCURRENCE
$1000000
X
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$300,000
I CLAIMS MADE I xlOCCUR
MED EXP (Any one person)
$10.000
PERSONALSADV INJURY
$1000000
GENERAL AGGREGATE
s2,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS- COMPIOPAGG
$1000000
JEX LOC
POLICY X PRCT O-
A
AUTOMOBILE
LIABILITY
ANY AUTO
83UENAJ1418
08101/09
06/01/10
COMBINED SINGLE LIMIT
(Eaaccident)
$1 000000
r
X
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
N/A
AUTO ONLY -EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
B
EXCESSNMBRELLA LIABILITY
83XHUAJ1106
08/01/09
08/01/10
EACH OCCURRENCE
$10,000,000
X OCCUR CLAIMS MADE
AGGREGATE
$10 0OO 00.0
$
DEDUCTIBLE
$
X RETENTION $ 10000
C
WORKERS COMPENSATION AND
83WEPL1585
08/01109
08/01/10
I
X
WCSLATT-
CEH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$500 000
E.L. DISEASE - EA EMPLOYEE
$500000
11 yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE- POLICY LINT F
$500 000
D
OTHER Contractors
09CPL00327
08/01/09
08/01/10
3,000,000 Each Occ
Pollution/Prof
3,000,000 Agg
50,000 Retention
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Fayetteville is named as Additional Insured on the above
general liability but solely as respects the work being performed and/or
supervised by the Named Insured in connection with the Wastewater
Improvement Project.
City of Fayetteville Attn: David
Jurgens
113 West Mountain
Fayetteville, AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'UI DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25(2001/08)1 of 2 #S215426/M215349
I
MXJ 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (2001/08) 2 of 2 #S215426/M215349