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HomeMy WebLinkAbout91-04 RESOLUTION• RESOLUTION NO. 91-04. A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH RJN GROUP, INC. IN THE AMOUNT OF $226,978.00 FOR THE DESIGN AND BIDDING PHASE SERVICES FOR THE SEWER REHABILITATION PROJECT 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 the Agreement for Professional Engineering Services with RJN Group, Inc. (attached as Exhibit A) for the design and bidding phase services for the sewer rehabilitation project in the amount of $226,978.00. PASSED and APPROVED this 15th day of June, 2004. ATTEST: By: SO SMITH, City Clerk By: APPROVED: DAN COODY, Mayor • 1 CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX A — SCOPE OF SERVICES FOR FINAL DESIGN PHASE This is Appendix A, consisting of 4 pages, referred to in and part of the Agreement For Professional Engineering Services between CITY OF FAYETTEVILLE, ARKANSAS and RJN GROUP, INC. dated Initial: CITY OF FAYETTEVILLE RJN GROUP, INC. The following contains additional Scope of Services tasks for the Final Design Phase. The CITY OF FAYETTEVILLE has been awarded grant funding to assist with sanitary sewer system rehabilitation improvements. The grant funding is from the United States Environmental Protection Agency (USEPA) State and Tribal Assistance Grants Program and will be matched with 45 percent of local funding. It is anticipated that the grant will be administered by the Arkansas Soil and Water Conservation Commission (ASWCC). It is anticipated that the project will include the construction of rehabilitation improvements in Basins 1-1 through 1-5,1-11, Mini System W-2 and W-27, and various other locations in the City as indicated on the attached project map-. The services under this Agreement will include assisting the City with EPA and ASWCC grant administration activities, preparing a preliminary engineering report, and final design and bidding services for the Project. The construction documents for the Project will include the improvements in Basins 1-1 - 1-5, I-11, and Mini System W-27 which was designed under a separate contract with RJN Group, Inc. Rehabilitation improvements will also be included for selected sewers in Mini System W-2 and various locations in the City will be designed under this Agreement. The previously designed improvements and improvements designed under this Agreement will be packaged as one construction project. The construction documents will conform with all requirements of the USEPA Grant. A summary of the improvements are included in Table A-1. The services to be provided under this Agreement are described in the following sections. PART A - PROJECT ADMINISTRATION AND MANAGEMENT 1. Project Administration a) Perform Project Initiation activities b) Perform general administration and project management activities. c) Finalize agreements with subconsultants. d) Prepare and submit monthly work progress reports to the CITY. e) Develop and maintain project Completion schedule throughout project. 2. Meetings a) Attend project kickoff meeting with City staff. b) Meet with ASWCC and AHTD as necessary to obtain permits for construction of project. A total of two meetings are anticipated. c) Prepare for and attend up to two City Council meetings to provide periodic updates on the progress of the final design as requested by the CITY OF FAYETTEVILLE. 3. EPA Grant Assistance Activities The Engineer will assist the City with EPA grant administration activities. This assistance may include, but not be limited to, the following: a) Technical support. b) Provide engineering narratives and Project data. c) Completion and filing of all permits/approval from regulatory agencies. AA -1 • • d) Representation at various meetings with the USEPA and/or ASWCC and City to coordinate the Project. e) Assist with developing preliminary and final Work Plans including Environmental Benefit Statement. 0 Preparation of project closeout and certificate of completion. g) Assistance with Performance and Financial Reporting at end of Protect. h) Assistance with preparing Categorical Exclusion Request. t) Prepare Quality Assurance Document if required by EPA. j) Assistance with complying with all NEPA requirements of the Project. PART B — PRELIMINARY ENGINEERING REPORT 1. Based on the Engineer's previously completed Sanitary Sewer Evaluation Report for Basins I-1 -15, I-11, and Mini System W27 and other investigations, the ENGINEER shall prepare and submit a Preliminary Engineering Report for the Project. The report will include, but not be limited to, the following: a) Descriptions of sewer deficiencies. b) Evaluation of feasible rehabilitation altematives. c) Economic justification of recommended improvements. d) Opinion of Probable Construction Cost. e) A summary of expected environmental benefits. The report shall define the Project in sound economic and engineering teens and will cite the specific benefits that are expected. The report will be presented to the City and representatives of the USEPA and ASWCC. PART C — DESIGN SURVEY 1. Surveys for Design a) The ENGINEER will perform field surveys to collect horizontal and vertical elevations and other information which will be needed for use by the ENGINEER in design and 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. ENGINEER 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) Engineer 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: 1) 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.I.'s, Manholes, Valves, etc., in the same coordinate system as the Control. 2. Public Notification Prior to conducting design survey, ENGINEER or its SUBCONSULTANT will notify affected residents of the project in writing. The notification letter shall be on company letterhead and shall AA -2 • • include the following: project name, limits, Consultant's project manager and phone no., scope of survey work, and design survey schedule. PART D — UTILITY COORDINATION/PERMITS AND EASEMENTS 1. Utility Coordination/Permits During the design phase, the ENGINEER 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. The ENGINEER shall show the location of the proposed utility lines, and existing utility lines within the project limits. ENGINEER 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 one (1) Highway Permits is anticipated. 2. Right-of-Way/Easement Preparation and Submittal a) The ENGINEER 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 10 easements are anticipated. b) Revise easements as required to obtain approval from property owners. A total of 2 revisions are anticipated. 3. 404/Phase II Stormwater Permitting It is anticipated that the construction work for this Project will be under the requirements of the Nationwide Permit and no separate 404 permit will be required. The ENGINEER shall prepare the necessary paperwork to comply with the Nationwide Permit Requirements. The ENGINEER shall also prepare a SWP3 plan for the Project. PART E — CONSTRUCTION DRAWINGS, CONTRACT DOCUMENTS, AND SPECIFICATIONS It is anticipated that the project will be bid as one. (1) construction package. 1. Final Engineering Design ENGINEER will conduct final engineering as follows: a) Prepare overall sanitary sewer layout sheets and an overall easement layout sheet(s). b) Prepare preliminary project plans and profile sheets which show the following: Proposed sanitary sewer plan/profile and recommended pipe size, and all pertinent information needed to construct the project. The plan and profile sheets will be prepared on a 1"-=40' scale horizontally and 1"=4' vertically. All drawings shall utilize CITY OF FAYETTEVILLE standards. c) 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. ENGINEER will coordinate with utility companies and the CITY to determine if any future improvements are planned that may impact the project. d) The ENGINEER will prepare standard and special detail sheets for sewer line construction. These may include connection details between various parts of the project, tunneling details, bonng and jacking details, waterline relocations, and details unique to the construction of the project. e) The ENGINEER shall complete quantity takeoffs and prepare estimated Opinion of Probable Construction Cost for the Project. 0 The ENGINEER shall repackage and conform the previously completed design in Basins I-1-5, 1-11, and Mini System W-27 into one construction package to comply with the State and Tribal Assistance Grant Program. g) The ENGINEER shall include all EPA M/WBE Requirements in the Contract Documents. AA -3 • • • 2. Specifications Using ENGINEER'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 incorporate CITY OF FAYETTEVILLE's standard general conditions and forms and shall include required forms and specifications for the State and Tribal Assistance Grant Program. 3. Preliminary Construction Document Submittal a) The ENGINEER shall deliver five (5) sets of the Preliminary Engineering Report. b) The ENGINEER shall deliver three (3) 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) The ENGINEER shall submit a preliminary estimate of probable construction cost with the preliminary plans submitted. It is anticipated that the overall project will include one (1) — construction project. d) The ENGINEER shall meet with CITY to discuss review comments for preliminary submittal. Two review meetings of each plan set submittal is anticipated. 4. Final Construction Document Submittal a) Following CITY approval of the preliminary documents, the ENGINEER shall prepare final plans and specifications and contract documents (each sheet shall be stamped, dated, and signed by the ENGINEER) and submit five (5) sets of plans and construction contract documents for CITY's final approval. AA -4 • • CITY OF FAYETTEVILLE AGREEMENT FOR ENGINEERING SERVICES APPENDIX B — SCOPE OF SERVICES FOR BIDDING PHASE This is Appendix B, consisting of 1 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. 1. 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, USEPA, and State and Tribal Assistance Grant Program administered by the Arkansas Soil and Water Conservation Commission. 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 CITY 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. 5. RJN GROUP, INC. shall attend Pre -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. 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. 10. Coordinate Contract Execution between the Contractor and City. 11. Coordinate and conduct a Pre -Construction Conference with Contractor, City, and other interested agencies. AB -1 CO a Q E 1 3. 404/Phase II Stonnwater Permitting f/1 a P e a. Rightof-WaylEasement Preparation (10 easements) b. Easement Revisions (2) 1 2. Right-of-Way/Easement Preparation N C S g C 1 PART D - UTILITY CORDINATION/PERMITS AND EASEMENTS Subtotal Ib. Property Mapping a. Field Survey 11 1. Surveys for Design 1 PART C - DESIGN SURVEY c g I� 1. Prepare and Submit Report PART B - PRELIMINARY ENGI co a V a II 3. EPA Grant Assistance Aactivitles 11_ Subtotal 11 c. Attend Two Council Meetings 11 b. Meet with Arkansas ASWCCand AHTD (2 Meetings) _ a. Attend Project Kickoff M 1 2. Meetings Subtotal e. Develop/Maintain Schedule d. Monthly Progress Reports (10) 1 c. Finalize Agreements with Subconsultants b. Perform General Administration 8 Pro a. Perform Project Initiation Activities a 1 PART A - PROJECT ADMINISTRA WORK TASK DESCRIPTION PROFESSIONAL SERVICES COST MT. SEQUOYAH AND VARIOUS LOCATIONS COLLECTION SYSTEM IMPROVEMENTS CITY OF FAYETTEVILLE, ARKANSAS EXHIBIT B-1 ity CoordlnationlPermlts Iect Administration 2 a O NEERING REPORT T jest Mgmt. Activities N N 0 0 0 N N 0 0 0 14 I 14 W N 76 01 CO CO 14 N N O O D N PD hr Estimated Manhours HOURLY RATE WORK N N A N N A A A N N 43 Ni 52 J 0 N 1.4 O 0 N C N A O" A PM hr 0 0 W 0 010 I 10 I 10 W A I 80 O CO COO N OJ 12 CO 1 46 10 O N A 0 PE hr _ A A 0 0 0 0 0 0 0 O 12 N W 1 56 I 0 0 0 0 46000.160 CE hr N N O O O l 12 I N CO O O) 24 24 01 0I CO CO O O A.00004. 0 2 Q 0 N N 0 0 0 A A 0 0 0 40 40 60 I 50 A N N O 'O N A Na A A COOT hr MM W W CO T O 0 W 41 0) O O 0 N -S 0f O O 0 $ 920.00 $ 260.00 N N m N 0) b 0 15 2,926.00 N N O N Q o O 0 1 $ 920.00 I M -a 0 O b O 1$ 19,582.00 H t0 01 m N O O M -+ N pyo 0, G O 1 $ 32,648.00 $ 11,944.00 $ 4,724.00 VP A a A O O O 64 Co O Co O O O 4461M -W 01 N O 0 N r N 0 O O O 0 0 1$ 320.00 M A (-4,4 O O 0 1 $ 1,282.00 TOTAL LABOR MM N 3,300.00 $ 400.00 1 $ 985.00 I $ 1,500.00 I 1 $ 485.00 1 $ 885.00 I $ 685.00 Direct Cost (5) N 01 0 N N 0 W 0 O 0 M ' NbIH N O1 In tJJ a 0 CO O O O 0 N O 4Oj O q Co O M a 0 0 O M N N 0' O N , NNMN '', MN W P CO 0 O W A CO O O NIMM A -W W O 0 0 W 01 O 0 0 A N N O 0 0 M N b-..4V N OI 0 0 $ 2,926.0011 $ 28,659.001 1 $ 7,520.00 M N W tO O O In so -• - $ 20,567.00 1 MN (�y1 A OJ 0 O ((uu A A 00 O O $ 13,999.00 U $ 5,209.00 $ 5,025.00 H W 0) 01 O O NH61 " 001 N 0 O _. N N+ O O O O 0 O $ 320.00 1 $ 6,400.00 N N �. 003 N O O m 140-1 a 3 0 O o1 ^= 0 Labor Cost is calculated based on actual salary cost plus overhead factor of 1.74 plus 10 percent profit. Subtotal 11 11. Conduct Pre -Construction Meeting 11 8. Bid Recommendations to City 1 7. Review/Check Contractor References 6. Review Bids 1 5. Attend Pre -Bid Conference . Track Bid Documents Secure Wage Rate Information 2. Prepare Addenda —_ 11 1. Bidding Notices 11 PART F - BIDDING ASSISTANCE 11 4. Final Construction Documents Subtotal 1 c. Review Comments with City (1) c m 1 3. Document Submittal 1 Subtotal N m e. Takeoffs and Estimate of Probable Cost Ilk d. Prepare Standard and Special Detail Sheets _ c. Existing Utilities and Easement 1 b. Prepare Preliminary Pro 1 a. Prepare Lavout Sheets _ WORK TASK DESCRIPTION _ PROFESSIONAL SERVICES COST MT. SEQUOYAH AND VARIOUS LOCATIONS COLLECTION SYSTEM IMPROVEMENTS CITY OF FAYETTEVILLE, ARKANSAS EXHIBIT 13-1 TOTAL I. Final Enalneerina 1 oordinate Contract Execution _ ttend Water and Sewer Committee/City Council D O o n 0 0 'O 3, ry Q m O_ c o = -1 m m 0 z CO A hnlcal Specl CD CD S _B =.5Z La p a C o u a iments dorm Previous Design(Basins 11-15,111,W27) o0 $ .v O 5 iect Plan and Profile Sheets(90percent) eet Manual iS AND SPECIE [1 set) (CATIONS co N D A003000.00000 A A 18 0 N Co MN C O O A N O O N O r O Estimated Man HOURLY RATE WORK 1 IN m O N 'O N A A co N O N N CO ;��o V> 40 0 12 A A N W N 'J 3 442 20 0042000:141•00420 I 24 24 0 0 0 0 24 24 ++ CO O 40 N N 0 0 0 - m 7.m ea N N P Ci O O O +O O O A N O P I 12 N 0 0 0 0 48 48 a. & N I 24 A 8 N I 80 I co ? m NW P T A 0 0 0 0 0 0 O 0 0 A O 76 76 W O m 0 coO O 00 0 I 80 N CADD hr 1 210 N A N N N N O N O N NCa A A I 14 0 10 N > A N O N N O A N N CIJOT hr 0 0 C a M m N O N G O MN + m A m N O O _ W N O O O 1 $ 460.00 N N -+ W O O O 1 $ 360.00 1 1 $ 1,420.001 1 $ 1,500.00 44444/141 N o 0 O O 0 01 CO O O 0 + O! O O 0 _ O V N O 0 1 $ 680.00 1 N O N CO W b O 1 $ 10,588.00 $ 2,200.00 $ 6,478.00 N 10 p O O 1 $ 1,760.00 MM _ r0 O 0 b O O O O O 1 $ 59,548.00 44 01 O O O 1 $ 14,500.00 44 N f l t N O O O 1 $ 4,208.00 1 N N O O 1 $ 32,266.00 1 N co G N 0 O 0 TOTAL 1 LABOR $ 750.00 '^ 1 $ 1,250.00 $ 585.00 $ 1,820.00 $ 750.00 1 $ 485.00 $ 200.00 i $ 200.00 1 1 $ 1,480.00 H N N O O N A O O o 6 _ 750.00 N O O o O N lu P O b O O O O in u a - a M N tC 0 O O 1 $ _ 13,992.00 I M N O J O O O 1 $ 460.00 I 1 $ 2,880.00 1 $ 360.00 I 1 $ 1,420.00 N N 0 O O O 1 $ 2,710.00 I M 01 Oa 0 O O $ 160.00 $ 1,072.00I M 0 Co O O O M W W 0 b O 1 $ 11,838.00 I 40M PN N J 1C CO 0 01 O O O O $ 3,268.00I ) $ 2,245.00 Mfi N N CO (0 O O O O O O N 0+ O 10 0 b O 1 $ 160.00 I N -aN A in 0 0 b O 1 $ 2,550.00I NN P N 0 CO O 0 N (DO s 0 1 $ 33,746.001 1 $ 3,020.00 I Total Cost Estimate ($) • • Table A-1 • SUMMARY OF RECOMMENDED IMPROVEMENTS ESTIMATED CONSTRUCTION COST Item Basins I1 -I5, I-11, and Mini System W-27 Sewer Improvements Basin I-5 Capacity Improvements Mini System W-2 and Various Sewer Improvements Subtotal Contingency Total Quantity 7,464 LF 3,085 LF 5 500 LF 16,049 LF Estimated Construction Cost ($) 1,430,767 649,118 749.845 2,829,730 320,465 3,150,195 0 z 6 • 0 c mc J - N J• • N J J m "k"' A Z D N 0 .9 m 0 2 co0 m SD m CO -s N O O C O 07 N 9 0 I'4 0 z 0 0 0 d m Q D 0) 0.. n O 3 rri r.77 Wees 77,71.1 0 m C ZE. 'G_ 077 777 i M O 5,0 0 EIMER I¢0 O A II cQ ira 0 rfl 0 40.7 !.v 4.0 O 4:03 . CO :cc), 107: 1.17 .1#07 aweN A4!N73tl C t0 FP V 0 0 z O 0 n co J N U 0) d a 0 d co m 0, 0 d 0 7,N A N 01 T 0) CD O M M 3 ▪ D 0 0 N er c (n m 0 0 r S a oz §2 co• o. { ) CO CD rn / co • o co 0 0 0 # $ / 7 ttk ooltA cn Att otttott tot k (0) Cc 711 3 kCat $ / \ \ cot ƒ \ \ 7 \ \ /tta Cttt ey \ k k I o \Ca - c !CID cp \ ƒ \ \ \ • 11. tit % • F 1 1 1 ewe /31A93V 0 5. 0 co 0 0 0 0 co 0 0) 0) & / • • AGREEMENT For PROFESSIONAL ENGINEERING SERVICES Between CITY OF FAYETTEVILLE, ARKANSAS And RJN GROUP, INC. THIS AGREEMENT is made as of QJ(wn„, /S , 2004, 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 time 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 Collection System Improvements related to the United States Environmental Protection Agency (USEPA) State and Tribal Assistance Grant Program (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 FAYETTEVILLE'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 are 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 §22-9-10I. 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, pnce or fees to this contract shall not be allowed without a formal contract amendment approved by the Professional Services -Design 2004.doc A — I 5/24/2004 • Mayor and the City Council in advance of the change in scope, costs, fees, or delivery schedule. SECTION 2 - BASIC SERVICES OF RJN GROUP, INC. 2.1 General 2.1.1 Perform professional design services in connection with the Project as hereinafter stated. 2.1.1.1 The Scope of Services to be furnished by RJN GROUP, INC. during the Preliminary Engineering 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 Final Design Phase is included in Section 2.3 hereafter and in Appendix A 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 Bidding Phase is included in Section 2.4 hereafter and in Appendix B attached hereto and made part of this Agreement. 2.1.1.4 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. 2.1.1.5 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. 2.1.1.6 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 RJN GROUP, INC. shall coordinate their activities and services with the CITY OF FAYETTEVILLE. RJN GROUP, INC. and CITY OF FAYETTEVILLE agree that RJN GROUP, INC. has full responsibility for the engineering design. Professional Services -Design 2004.doc A — 2 5/24/2004 • • 2.2 Preliminary Engineering Report 2.2.1 Prepare and submit a Preliminary Engineering Report that describes the project's need, scope, and outcomes. The report will include a description of sewer deficiencies, problem statements, evaluation of possible alternatives, economic justification of recommended improvements, project cost estimates, and summaries of expected benefits and outcomes. The report shall define the project in sound economic and engineering terms and will describe the specific benefits expected. 2.2.2 Meet with CITY OF FAYETTEVILLE, USEPA, and ASWCC to discuss the Report. Revise the report based on comments from the reviewing parties. 2.3 Final Design Phase (Construction Drawings, Contract Documents and Specifications) 2.3.1 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, are 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. 2.3.1.1 Bid documents shall be based on the appropriate Construction Specifications required by the State and Tribal Assistance Grant Program and shall be supplemented with the CITY OF FAYETTEVILLE's standard general conditions and forms and RJN GROUP, INC.'s Technical Specifications as appropriate. Bid documents shall include required forms for the Grant Program 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. 2.3.1.2 Develop and include in Appendix A of this Agreement for approval by CITY OF FAYETTEVILLE, a project design schedule in which RUN GROUP, INC. shall include, in an acceptable level of detail, the steps and milestone dates to be undertaken by Professional Services -Design 2004.doc A — 3 5/24/2004 • i 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, 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 reasonable control. 2.3.1.2.1 The progress design schedule shall consist of a bar chart schedule depicting the duration of the -project and the discrete milestone activities which make up the project, but at a minimum shall include contract drawings, contract specifications, and design reviews as indicated in Section 2.3.9. 2.3.1.3 When requested by the CITY OF FAYETTEVILLE's Water and Wastewater Director, prepare for and attend up to two City Council meetings to provide periodic updates on the progress of the final design. 2.3.1.4 If the plans and specifications for the project require bids on altemates 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. 2.3.2 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 Actual Filing and Permit Fees will be paid by the CITY OF FAYETTEVILLE. Assist CITY OF FAYETTEVILLE in consultations with appropriate authorities. 2.3.2.1 Arkansas Soil and Water Conservation Commission (ASWCC) 2.3.2.2 Arkansas Department of Health (AHD) 2.3.2.3 Arkansas Department of Environmental Quality (ADEQ) 2.3.2.4 U.S. Army Corps of Engineers (COE) Professional Services -Design 2004.doc A — 4 5/24/2004 • • 2.3.2.5 Arkansas State Highway and Transportation Department 2.3.2.6 Railroad Authorities 2.3.2.7 US Environmental Protection Agency 2.3.3 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. 2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs 2.3.5 Furnish CITY OF FAYETTEVILLE with 10 copies of the final Bid Documents. 2.3.6 Determine land and easement requirements and provide consultation and assistance on property procurement as related to professional engineering services being performed. 2.3.7 Provide appropriate professional interpretations of data obtained through subcontract services for authorized Project services including property, boundary, easement, right-of-way, topographic, and utility surveys; noting zoning and deed restrictions. 2.3.8 Submit monthly Work progress reports to CITY OF FAYETTEVILLE. 2.3.9 Design shall be reviewed by CITY OF FAYETTEVILLE, or such parties as CITY OF FAYETTEVILLE shall designate, at the 90 percent completion level. 2.3.10 See Appendix A for additional services or clarification of services to be provided by RJN GROUP, INC. 2.4 Bidding Phase 2.4.1 RJN GROUP, INC. will follow the USEPA and Arkansas Soil and Water Conservation Commission statutory bidding protocol for the State and Tribal Assistance Grant Program. 2.4.2 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 State and Tribal Assistance Grant Program administered by the Arkansas Soil and Water Conservation Commission, and the USEPA. The legal notice to be placed in legal notices section of a local newspaper(s) of countywide and statewide Professional Services -Design 2004.doc A — 5 5/24/2004 • circulation and shall be coordinated with CITY OF FAYETTEVILLE purchasing agent and an affidavit of publication secured. 2.4.3 Prepare addenda for drawings and Bid Documents as required and submit to CITY OF FAYETTEVILLE 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 USEPA and ASWCC statutory requirements. 2.4.4 Secure updated state and federal wage rate decisions and incorporate into the Bid Documents. Update wage rate decision by addendum if necessary. 2.4.5 Assist CITY OF FAYETTEVILLE 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. 2.4.5.1 RJN GROUP, INC. shall attend a Pre -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. 2.4.6 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 and USEPA as necessary for review. 2.4.7 Consult with and advise CITY OF FAYETTEVILLE 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. 2.4.8 Make recommendations regarding award of construction contracts. 2.4.9 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 2004.doc A — 6 5/24/2004 • • 2.4.10 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. 2.4.11 See Appendix B for additional services or clarification of services to be provided by RJN GROUP, INC. 2.5 Construction Phase 2.5.1 The scope of Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.6 Post -Construction Phase 2.6.1 The scope of Post -Construction Phase Services, if any, will be negotiated following completion of Design Phase Services. 2.7 Resident Services During Construction 2.7.1 The scope of Resident Services During Construction, if any, will be negotiated following completion of Design Phase Services. SECTION 3 - ADDITIONAL SERVICES OF RJN GROUP, INC. 3.1 General If authorized in writing by the CITY OF FAYETTEVILLE 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: 3.1.1 Grant and Loan Assistance Prepare applications and supporting documents for governmental grants, loans, or advances that are not included in services described in Appendix A. Professional Services -Design 2004.doc A — 7 5/24/2004 • • 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 CITY OF FAYETTEVILLE. 3.1.4 Furnishing renderings or models of the Project for CITY OF FAYETTEVILLE'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 writing that all or parts of such Contingent Additional Services are not required, RJN GROUP, INC. shall have no obligation to provide those services. Professional Services -Design 2004.doc A — 8 5/24/2004 • 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 CITY 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 and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. Professional Services -Design 2004.doc A — 9 5/24/2004 • C 4.7 Give prompt written notice to RJN GROUP, INC. whenever CITY 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 the Project. 4.10 Furnish, or direct RJN GROUP, INC. to provide, necessary Additional Services as stipulated in Section 3 of this Agreement or other services as required. 4.11 If CITY 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 2004.doc A — 10 5/24/2004 SECTION 6- PAYMENTS TO 6.1 Compensation 6.1.1 Final Design/Bidding Phase Services For the Scope of Services described herein, CITY OF FAYETTEVILLE shall compensate RJN GROUP, INC. based on a cost plus fixed fee basis with a not -to -exceed cost ceiling. The maximum not -to -exceed amount is $226,978.00. For the work included in this Agreement, the fixed fee shall not exceed $18,508.00 and the total maximum billing shall not exceed $226,978.00. 6.1.1.1 Subject to the City Council approval, adjustment of the not -to -exceed 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. 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 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. Professional Services -Design 2004.doc A — 11 5/24/2004 • 0 6.1.3 Post -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 Resident Services During Construction 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. 6.1.5 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 progress report for each calendar month will be submitted to CITY OF FAYETTEVILLE. Statements will be based on RJN GROUP, INC.'s actual cost plus fixed fee amount and justified by the updated progress schedule. 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 Professional Services -Design 2004.doc A - 12 5/24/2004 fl 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. 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: Tvoe of Coveraee 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 $500,000 Each Accident $1,000,000 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 RJN GROUP, INC. as additional insureds, or, to endorse CITY OF FAYETTEVILLE and RJN GROUP, INC. as additional insured 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 and RJN GROUP, INC. 7.1.3 CITY OF FAYETTEVILLE 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 after the completion of RJN GROUP, INC.'s services. If the services result in a Construction Phase, a provision similar to this shall be incorporated into all Construction Contracts entered into by CITY OF FAYETTEVILLE, and all construction Contractors shall Professional Services -Design 2004.doc A — 13 5/24/2004 0 I be required to provide waivers of subrogation in favor of CITY OF FAYETTEVILLE 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 2004.doc A— 14 5/24/2004 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 2004.doc A — 15 5/24/2004 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 FAYETTEVILLE. 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 2004.doc A— 16 5/24/2004 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 2004.doc A - 17 5/24/2004 • 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 RJN 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 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 (Not Applicable) 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. Professional Services -Design 2004.doc A - 18 5/24/2004 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 400 Dallas, Texas 75243 7.15 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. Professional Services -Design 2004.doc A — 19 5/24/2004 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, USEPA'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, USEPA's, nor ASWCC's review, approval or acceptance of, nor payment for any of the services shall be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. 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. Professional Services -Design 2004.doc A —20 5/24/2004 8.2 Remedies Except as may be otherwise provided in this Agreement, all claims, counter -claims, 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. 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: Professional Services -Design 2004.doc A — 21 5/24/2004 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 FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 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 8.5.1, CITY OF FAYETTEVILLE may pursue the same remedies against RJN GROUP, INC. as it could Professional Services -Design 2004.doc A —22 5/24/2004 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. Professional Services -Design 2004.doc A— 23 5/24/2004 0 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and , by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY 0 Y n,.Y.na By: ;FAYETiEVILLE; ATTES' • By: RJN GROUP, INC. By: I417L M / Title: Regional 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 2004.doc A - 24 5/24/2004 0 NAME OF FILE: Resolution No. 91-04 w/agreement CROSS REFERENCE: Item # Date Document 1 05/28/04 memo to mayor & city council 2 draft resolution 3 05/17/04 letter to Dan Coody, Mayor 4 06/10/04 letter to Dan Coody, Mayor 5 map 6 map 7 06/02/04 Staff Review Form 8 color map 9 06/21/04 memo to Greg Boettcher NOTES: Date: May 28, 2004 0 �5 • G//S /oq City Council Meeting of June 15, 2004! RJN Group, 6 Subject: Resolution approving contract with RJN Group for design/bidding phase services for Sanitary Sewer Rehabilitation Project (EPA Grant). Fayetteville City Administration recommends approval of an authorization totalling $226,978.00, said amount being the face value of a proposed contract with RJN Group, Inc., of Dallas, Texas. Fayetteville has been the recipient of $1,100,000.00 in EPA Grant Assistance from the State and Tribal Assistance Program, notificaiton of the awards being made on June 10, 2003 and May 17, 2004 (copies of EPA correspondence attached). The combined EPA grant funding is proposed to be leveraged with the city's ongoing sewer rehabilitation funding to accelerate the local program. Grant award conditions necessitate a local funding match of at least 45% of the project costs, the EPA funding to then provide not more than 55% of the eligible project costs. Projects receiving grant funding must be completed within five years of the award. A small percentage of the grant funding is allocated to the grant oversight agency to recover the costs of grant program administration. The delay of the city's rehabilitation work to capitalize on multi -year funding provides more efficient use of the funds, as the two grants can be combined keeping administrative expenses to a minimum. Grant consolidation also provides economies of scale with respect to engineering, administrative and construction costs. An engineering selection committee meeting was convened on April 12, 2004 to select an engineering consultant for this project. The committee selected RJN Group, Inc. of Dallas, Texas. RJN Group, Inc., has been involved in the Fayetteville sewer rehabilitation program since its conception, has performed much of the cost-effective analysis for the proposed rehabilitation work and was deemed the best qualified provider of the needed services. A contract for design/bidding phase services has been negotiated for $226,978.00 addressing an anticipated $3,150,195.00 capital improvement project (estimate and location map attached). As the project advances to construction; an amendment to the agreement will be negotiated to cover construction phase and resident inspection services. /-D'/ Project • City Council Meeting of June 15, 2004 The specialized nature of sanitary sewer rehabilitation, the complexities of the EPA STAG Grant Program and the workload of current technical staff warrant the outsourcing of engineering services for this project. The engineering costs will be paid directly by the City of Fayetteville using funds already budgeted for sanitary sewer rehabilitation activities. The EPA Grant Funds will be dedicated solely to construction contract costs, minimizing the administrative and accounting efforts for both the city and the granting agency. In addition, such structure enables the consultant to provide needed assistance in the grant application development including engineering feasibility studies, cost predictions and technical justifications for proposed rehabilitation activities. While EPA Grant funds have been allocated for this project, the City must now complete EPA grant applications, must secure various environmental clearances under the National Environmental Policy Act and must comply with numerous granting agency requirements before any construction funds can be released. Meetings with the EPA Project Officer have confirmed this proposed project strategy to be the most efficient, effective and timely approach for the planned activities. BUDGET IMPACT The $226,978.00 expenditure for design/bidding phase services agreement with RJN Group, Inc. is available from the Fiscal Year 2004 Budget. The Fayetteville budget contains $2,753,627.87 in unencumbered funds for sanitary sewer rehabilitation, which will be combined with the net EPA Grant proceeds of $1,060,500.00 to create available funding of $3,814,127.87. These funding resources are adequate to cover the predicted project cost of $3,150,195.00 and to fulfill the grant funding ratio requirement of 45% local funds and 55% EPA grant funds. RESOLUTION NO. A RESOLUTION TO APPROVE AN ENGINEERING CONTRACT WITH RJN GROUP, INC. IN THE AMOUNT OF $226,978.00 FOR THE DESIGN AND BIDDING PHASE SERVICES FOR THE SEWER REHABILITATION PROJECT 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 the Agreement for Professional Engineering Services with RJN Group, Inc. (attached as Exhibit A) for the design and bidding phase services for the sewer rehabilitation project in the amount of $226,978.00. PASSED and APPROVED this the 15`h day of June, 2004. APPROVED: DRAFT By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk JatEO ST��s A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY .W REGION 6 1445 ROSS AVENUE, SUITE 1200 Z;Frtr�r DALLAS, TX 75202.2733 Nr� �tE May 17, 2004 The Honorable Dan Coody, Mayor City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Coody: This letter is regarding a grant authorization for City of Fayetteville, which was included in the Fiscal Year (FY) 2004 appropriations act for the Environmental Protection Agency (EPA). The act authorized a $650,000 grant for water supply and wastewater handling system upgrades. Please note that the appropriation act from a previous year included a continuing provision that established a 3% set -aside from each authorized grant to be used by EPA to fund the cost of managing the grant and this year's appropriation also included a 0.59% recision requirement. Taking these reductions into account, the actual amount of your grant will be $626,800. One possible use of the 3% management set -aside mentioned in the previous paragraph is for EPA to provide a grant to the Arkansas Soil & Water Conservation Commission (SWCC) to manage your grant for us. SWCC has expressed their desire to manage the FY 2004 grants. Therefore, I will be working with you in consultation with the SWCC until the grant is awarded. After that, the SWCC will be performing all of the review and grant management functions for EPA. Each year, our national headquarters office issues guidance for the special infrastructure grants. The guidance for this year was finalized on April 13, 2004. I have enclosed a copy of the guidance to give you an idea of what is required. Please note that your grant will be subject to EPA grant regulations found in the Code of Federal Regulations (CFR) at Part 31 of Title 40. These regulations include the procurement regulations to which you should pay special attention. I am also enclosing a copy of that regulation for your use. I would like to draw special attention to the following grant requirements: Local Share Requirements: Grant funding is limited to $626,800, with no possibility of a grant increase for cost overruns. We will expect any construction partially funded by the EPA grant to be completed and to provide operable works. The appropriation incorporates, by reference, statements in the Conference Report which require the grant recipients to provide a 45% match of the total project cost. To fully utilize the grant, the total project costs should be at least $1,139,637 ($626,800 grant + $512,837 local match of 45%). The EPA funded project can exceed the amount if you have additional funds available for 100% of the extra costs. Project costs incurred prior to the date of the grant award are usually not eligible for grant funding, however, there are exceptions to this requirement. Please see the enclosed guidance. Internet Address CURL) • htt:/Avww.epe.gov RacydadRLcyclable • Prhrled with Vegetable OA Based Inks on Recycled Paper (Mhtrrwm 25% Postcons ner) In limited cases, funds from other Federal programs may be used as all or part of the local match, provided that enabling legislation allows such use of those funds. In addition, the EPA has taken action that will allow second round funds (loan repayments) from both Clean Water and Drinking Water State Revolving Fund (SRF) programs to be used as a source of local match. As you are probably aware these funds are available in the form of low interest loans. Compliance with the National Environmental Policy Act (NEPA): Prior to release of Federal assistance for design or construction, EPA must comply with NEPA as well as a number of crosscutting Federal environmental laws (e.g. Endangered Species Act, National Historic Preservation Act, etc.). To accomplish this, recipients must submit project - specific environmental information via an environmental information document (EID), to EPA to determine whether there will be an adverse effect on the envirpnment. The applicable NEPA regulations are contained in 40 CFR Part 6 and in 40 CFR Part 1500. Region 6 has developed a guidance document for compliance with NEPA and related environmental laws and is enclosed in an electronic file (CD enclosed) Grant Application Form (Standard Form 424) and Supporting Documents: I have enclosed a grant application kit for your use. The Narrative Description of the project, which you submit with your application, should fully describe the project to be constructed, the environmental benefits, and the types of costs to be included (i.e., planning, design, construction, land, etc.). It should also include a project schedule with applicable milestones such as completion of planning, design, and construction for each contract, and closeout of the project. We will conduct a pre -application conference with you at a later date to discuss all aspects of the grant process. Please be advised that you may submit your application at any time. The application kit includes the address to use for submitting your grant application. I will be the Project Officer for your grant and will be responsible for ensuring that the project is successfully completed in compliance with Federal requirements. I look forward to working with the City on this grant. Please do not hesitate to contact me at (214) 665-2788 or Patel.Rajen@eoa.eov if you have any questions or need additional information. Sincerely, r4. Rajen Patel, CHMM Project Engineer/Project Officer SRF & Project Section (6WQ-AP) Enclosures (CD) cc: Dave Fenter, Program Manager Arkansas SWCC J'Oleo iW� UNITED STATES ENVIRONMENTAL PROTECTION AGENCY b REGION 6 W 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733 %«Rohe June 10, 2003 The Honorable Dan Coody, Mayor City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Mayor Coody: This letter is regarding a grant authorization for City of Fayetteville, which was included in the Fiscal Year (FY) 2003 appropriations act for the Environmental Protection Agency (EPA). The act authorized a $450,000 grant for regional wastewater system improvements. Please note that the appropriation act from a previous year included a continuing provision that established a 3% set -aside from each authorized grant to be used by EPA to fund the cost of managing the grant and this year's appropriation act also included a 0.65% recision requirement. Taking these reductions into account, the actual amount of your grant will be $433,700. Each year, our national headquarters office issues guidance for the special infrastructure grants. The guidance for this year is not expected to be final until at least July 15. 1 have enclosed a copy of the guidance issued last year to give you an idea of what is required. Please note that your grant will be subject to EPA grant regulations found in the Code of Federal Regulations (CFR) at Part 31 of Title 40. These regulations include the procurement regulations to which you should pay special attention. I am also enclosing a copy of that regulation for your use. I would like to draw special attention to the following grant requirements: Local Share Requirements: Grant funding is limited to $433,700, with no possibility of a grant increase for cost overruns. We will expect any construction partially funded by the EPA grant to be completed and to provide operable works. The appropriation incorporates, by reference, statements in the Conference Report which require the grant recipients to provide a 45% match of the total project cost. To fully utilize the grant, the total project costs should be at least $788,545 ($433,700 grant + $354,845 local match of 45%). The EPA funded project can exceed the amount if you have additional funds available for 100% of the extra costs. Project costs incurred prior to the date of the grant award are usually not eligible for grant funding, however, there are exceptions to this requirement. Please see the enclosed guidance. Internet Address (URL) - http://w-ww.epa.gov/earmlre/ Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer) z In limited cases, funds from other Federal programs may be used as all or part of the local match, if enabling legislation allows such use of those funds_ In addition, the EPA has taken action that will allow second round funds (loan repayments) from both Clean Water and Drinking Water State Revolving Fund (SRF) programs to be used as a source of local match. As you are probably aware these funds are available in the form of low interest loans. Compliance with the National Environmental Policy Act (NEPA): Prior to release of Federal assistance for design or construction, EPA must comply with NEPA as well as a number of crosscutting Federal environmental laws (e.g. Endangered Species Act, National Historic Preservation Act, etc.). To accomplish this, recipients must submit project -specific environmental information via an environmental information document (EID), to EPA to determine whether there will be an adverse effect on the environment. The applicable NEPA regulations are contained in 40 CFR Part 6 and in 40 CFR Part 1500. A Region 6 guidance document for compliance with NEPA and related environmental laws is under development and will be provided at a later date. Grant Application Form (Standard Form 424) and Supporting Documents: I have enclosed a grant application kit for your.use. The Narrative Description of the project, which you submit with your application, should fully describe the project to be constructed, and the types of costs to be included (i.e., planning, design, construction, land, etc.). It should also include a project schedule with applicable milestones such as completion of planning, design, and construction for each contract, and closeout of the project. We will conduct a pre -application conference with you at a later date to discuss all aspects of the grant process. Please be advised that you may submit your application at any time, however we cannot process the application until the final Agency guidance is issued. The application kit includes the address to use for submitting your grant application. I will be the Project Officer for your grant and will be responsible for ensuring that the project is successfully completed in compliance with Federal requirements. I look forward to working with the City on this grant. Please do not hesitate to contact me at (214) 665-2788 Patel.Rajen@a epa.gov if you have any questions or need additional information. aawoweoo-s' Rajen Patel VVV Project Officer SRF & Project Section Enclosures I Table A -I SUMMARY OF RECOMMENDED IMPROVEMENTS ESTIMATED CONSTRUCTION COST Estimated Construction Cost Item Quantity ($) Basins I1 -I5, I-11, and Mini System W-27 Sewer 7,464 LF 1,430,767 Improvements Basin I-5 Capacity Improvements 3,085 LF Mini System W-2 and Various Sewer Improvements 5.500 LF Subtotal 16,049_LF Contingency Total 649,118 749.845 2,829,730 320.465 3,150,195 LtIUis,t, 0 . � � e+ - �,y��. ���`� .e=�1�Si �"•'at j�ai1llAQl�a r i► �11�7la_ .5, s1. A2!i H1 .�.o�rn.4'.�� RI� 197A H .41W J. un. I'�\77\r1MCI 'C !Yo Can rte+ �� . �C1 TAI �. ■�a.7C-]. ��, � < � ' II O • I • STAFF REVIEW FORM • X AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council Meeting of: June 15,2004 Ik;t.)Z Ii Greg Boettcher Name Division Department ACTION REQUIRED: Resolution approving contract with RJN Group for design/bidding phase services for Sanitary Sewer Rehabilitation Project (EPA Grant). Water and Wastewater Water and Wastewater COST TO CITY: $226,978.00 $ 3,231,890.00 Water/Wastewater Cost of this request Program Category / Project Name 5400.5815.00 $ 478,262.13 Sewer Mains Construction Account Number 02017.0401 Project Number CONTRACT/GRANT/LEASE REVIEW: STAFF Funds Used to Date $ 2,753,627.87 Remaining Balance Program / Project Category Name Capital -Sewer Improvements Fund Name Budgeted Item Budget Adjustment Attached Da 31a2 (Dt Date Internal ditor Date 572$ /04 Date Purchasing Manager Divisi n Head Date ,B 5-2oj Dep tment Director Date Finance & Internal Services Dir. Date Chi fninistrative Officer Date �za Mayor Date Date Cross Reference Rec'd in Ia or,, LL's Office b T New Item: Yea No Previous Ord/Res#: Orig. Contract Date Orig. Contract Number FAYETTE!/ILLE THE CITY OF FAYETTEVILLE, ARKANSAS City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 DEPARTMENTAL CORRESPONDENCE To: Gregg Boettcher Water/Wastewater Director From: Clarice Buffalohead-Pearman City Clerk Division Date: June 21, 2004 Re: Resolution No. 91-04 The City Council passed a resolution, June 15, 2004, approving a engineering agreement with RJN Group, Inc. for the design and bidding phase of the sewer rehabilitation project. I have attached three of the four originals and a copy of the resolution. The resolution with attachments will be recorded in the city clerk's office and microfilmed. 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P P W-40 \ =38A 0 W -40A tnmr I CUedien -.__ e Ora et 401 ACORDCERTIFICATE OF LIABILITY INSURANCE PRODUCER Lockton Companies,LLC-1 St. Louis Three City Place Drive, Suite 900 St. Louis MO 63141-7081 (314) 432-0500 INSURED Insituform Technologies, Inc. 1056176 17988 Edison Avenue Chesterfield MO 63005 RECEIVED JUL 02 2009 CITY OF FAYETTEVILLE MAYOR'S OFFICE DATE (MMJDD/YYYY) 7/1/2010 6/29/2009 S A MATTER OF INFORMATION HTS UPON THE CERTIFICATE IDES NOT AMEND, EXTEND OR DED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company (64) 23035 INSURER B: American Guarantee and Liab. Ins. Co. 26247 INSURER C: Liberty Insurance Corporation (64) 42404 INSURER D: ACE American Insurance Company (11) 22667 COVERAGES INSTE02 29 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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. INSR LTR ADVIL INSRD TYPE OF INSURANCE - POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE K OCCUR TB2-641-004218-039 7/1/2009 7/1/2010 DAMAGE TO RENTED PREMI E Ea occuren $ 350,000 MED EXP (Any one person) $ 10,000 X PERSONAL & ADV INJURY $ 2,000,000 A Independt Contractor BROAD FORM PD/CONTRACTL 41 X XCU GENERAL AGGREGATE $ 4,000,000 A PER PROJECT AGG. CAP $20M GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4000000 ____ PRO- POLICY X J CT LOC A AUTOMOBILE LIABILITY ANY AUTO A52.641-004218-029 7/1/2009 7/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 2 000 000 > , X BO (Per persopeonn) $ XXXXXXX ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ XXXXXXX HIRED AUTOS NON-0WNED AUTOS PROPERTY DAMAGE (Per accident) $ XXXXXJIX GARAGE LIABILITY ANY AUTO NOT APPLICABLE AUTO ONLY -EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: AGG $ XXXXXXX B EXCESSNMBRELLA LIABILITY OCCUR CLAIMS MADE AUC3818508-08 7/1/2009 7/1/2010 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 $ XXXXXXX O UMBRELLA X $ XXXXXXX DEDUCTIBLE FORM X $ XXXXXXX RETENTION $ 0 CWA7-64D-009004-449 C WORKERS COMPENSATION ANDX EMPLOYERSLIABILITY ILAA ANY PROPRIETDPTNEILE%EDVrIYE WC7-641-004218-019 (WI & OR) 7/1/2009 7/1/2009 7/1/2010 7/1/2010 WCSTAIIU- TORY IMITS OTH- ER E.L. EACH ACCIDENT 1 000000 $ , , E.L. DISEASE - EA EMPLOYEE $ 1,000>000 OFFICER/MEMBER EXCLUDED? IF yes. devotee order SSPECML PROVISIONSeebs No E.L. DISEASE -POLICY LIMIT $ 1,000,000 D OTHER INSTALLATION FLOATER 120406495-007 711/2009 7/1/2010 SEE ATTACHED LIMITS DEDUCTIBLES: VARIOUS PER POLICY SCHEDULE DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: FARMINGTON SEWER REHABILITATION PROJECT - UNIT 2. CITY OF FAYETTEVILLE AND RJN GROUP INC. IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT. BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS, AND ADDITIONAL INSURED UNDER INSTALLATION FLOATER AS REQUIRED BY WRITTEN CONTRACT. 'r `e1e`evy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FAYETTEVILLE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 113 W. MOUNTAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL FAYETTEVILLE AR 72701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESS 15 (2001/08) For questions reaadmq this ce ute, contra the number listed in U'. Prodnser 'Ion sews end spway •IxsTEdz. ® A ORD CORPORATION 1988 Installation Floater, Completed Value Form, Replacement Cost, Special Perils Form Limits: $10,000,000 (maximum) per jobsite Sublimits (including but not limited to:) $2,000,000 In Transit $500,000 Temporary Storage $1,000,000 Soft Costs Sublimit/Annual Aggregate Limits: $10,000,000 Earthquake except: $2,000,000 Earthquake (WA, OR, AK, CA and various New Madrid zones) $10,000,000 Flood except: $2,500,000 Flood (Zone A, B, V, and within 100 to 500 year flood) $1,000,000 Normal Windstorm (First Tier Counties & Parishes) Miscellaneous Attachment: M46896 Master ID: 1056176