HomeMy WebLinkAbout108-05 RESOLUTION• •
RESOLUTION NO. 108-05
A RESOLUTION AWARDING AN ENGINEERING SERVICES
CONTRACT IN THE AMOUNT OF $420,216.00 WITH RJN
GROUP, INC. FOR SANITARY SEWER EVALUATION STUDY
AND DESIGN FOR ILLINOIS RIVER BASIN 15, THE AREAS
TRIBUTARY TO THE HAMESTRING CREEK LIFT STATION;
AND APPROVING A 5% PROJECT CONTINGENCY IN THE
AMOUNT OF $21,000.00.
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 awards an engineering services contract in the amount of $420,216.00
with RJN Group, Inc. for sanitary sewer Evaluation Study and Design for Illinois
River Basin 15, the areas tributary to the Hamestring Creek Lift Station.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a 5% project contingency in the amount of $21,000.00.
PASSED and APPROVED this 7th day of June, 2005.
ATTEST:
By:
s
.s` G;.F;•;
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AGREEMENT
For
PROFESSIONAL ENGINEERING SERVICES
Between
CITY OF FAYETTEVILLE, ARKANSAS
And
RJN GROUP, INC.
THIS AGREEMENT is made as of J (k0,2, , 2005, 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 investigation, planning, design, permitting, and construction of the Fayetteville Wastewater
Collection System related to the sanitary sewer system tributary to the Hamestring Creek Lift Station
known as Basin 1-16. 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 §22-9-101.
SECTION 1 - AUTHORIZATION OF SERVICES
1.1 Services on any assignment shall be undertaken only upon written Authorization of CITY OF
FAYETTEVILLE and agre ment 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 Mayor and the City Council
in advance of the change in scope, costs, fees, or delivery schedule.
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SECTION 2 - BASIC SERVICES OF RJN CROUP, 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 pari of this Agreement.
2.1.1.2 The Scope of Services to be furnished 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 A attached hereto and made part of this
Agreement.
2.1.1.4 The Scope of Services to be famished 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. The preliminary Scope of Services for
Resident Services during Construction is described in Appendix A.
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.
2.2 Sanitary Sewer Evaluation Study (SSES) and Engineering Report
2.2.1 Perform an SSES as described in the Scope of Services in Appendix A.
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2.2.2 Prepare and submit an Engineering Report that describes the project's need, scope, and
outcomes of the SSES. The report will include a description of sewer deficiencies, problem
statements, evaluation of possible alternatives, recommended improvements, and project cost
estimates.
2.2.3 Meet with CITY OF FAYETTEVILLE 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 CITY OF FAYETTEVILLE's standard general conditions and fonns and RJN
GROUP, INC.'s Technical Specifications as appropriate. 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 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, 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
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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 FAYETTEV ILLE's Water and Sewer Maintenance
Superintendent, 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 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.
2.3.2 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 (ADH)
2.3.2.3 Arkansas Department of Environmental Quality (ADEQ)
2.3.2.4 U.S. Army Corps of Engineers (COE)
2.3.2.5 Arkansas State Highway and Transportation Department (AHTD)
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.
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2.3.4 Advise CITY OF FAYETTEVILLE of final Opinion of Probable Project Costs
2.3.5 Furnish CITY OF FAYETTEVILLE with 5 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 Arrange for bidding notices to be sent to contractors publishing services and direct mailing to
contractors of record. 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.
2.4.2 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.
2.4.3 Secure updated state wage rate decisions and incorporate into the Bid Documents. Update
wage rate decision by addendum if necessary.
2.4.4 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.
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2.4.4.1 RJN GROUP, INC. shall attend a Pre -Bid Conference for each construction project 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.
2.4.5 Assist CITY OF FAYETTEVILLE in obtaining and evaluating bids and preparing
construction contracts.
2.4.6 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.
2.4.7 Make recommendations regarding award of construction contracts.
2.4.8 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.
2.4.9 See Appendix A 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.
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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 }UN 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.
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, eamings, 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.
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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 FAYETfEVILLE 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.
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.
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4.5 Provide such professional legal, accounting, financial, and insurance counseling services as
may be required for the Project.
4.6 The Water/Sewer Maintenance Superintendent is the CITY OF FAYETTEVILLE's project
representative with respect to the services to be performed under this Agreement. The
Water/Sewer Maintenance Superintendent 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.
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.I 1 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, 1NC.'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.
4.13 Provide water meter and water at no cost to the ENGINEER for use during dye water testing
and sewer cleaning activities.
SECTION 5 - PERIOD OF SERVICE
5.1 This Agreement will become effective upon the first written notice by CITY OF
FAYETTEVILLE authorizing services hereunder.
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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. The
anticipated schedule for this project is included as Appendix B.
SECTION 6 - PAYMENTS TO RJN GROUP, INC.
6.1 Compensation
6.1.1 Final Design/Bidding Phase Services
The maximum not -to -exceed amount authorized for this Agreement is $420,215.77. The CITY OF
FAYETTEVILLE shall compensate RJN GROUP, INC. based on a Unit Price or Lump Sum basis as
described in Appendix C.
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
FAYE I 1 EV ILLE 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.
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6.1.2 Construction Phase Services
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.
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.
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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.
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 Limits of Liability
Workers' Compensation Statutory
Employers' Liability $500,000 Each Accident
Commercial General Liability
Bodily Injury and
Property Damage
Automobile Liability:
Bodily Injury and
Property Damage
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit
Professional Liability Insurance $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.
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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
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,
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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.
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 Agre ment 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
FAYE1 1 EVILLE 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, retum
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,
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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.
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
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to additional compensation and time for reasonable costs incurred by RJN GROUP, INC. in temporarily
closing down or delaying the Project.
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.
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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
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
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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 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.
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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
FAYE I 1 EVILLE 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 FAYETI'EVILLE'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, 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 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, fNC.'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.
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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. 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:
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
IlamestringEngrSSES-DesignContractMay05 20 5/19/2005
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, 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
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
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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.
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IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and
1Q{� , by its authorized officer have made and executed this Agreement as of the day
and year first above written.
CITY C
,FAYETIEVIILE: ATTES'
By:
RJN GROUP. INC.
By: !o M
Title: 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
IlamestringEngrSSES-DesignContractMay05 23 5/19/2005
APPENDIX A
EXPANDED SCOPE OF SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF FAYETTEVILLE,
ARKANSAS AND RJN GROUP, INC.
SEWER SYSTEM STUDY OF THE
HAMESTRING CREEK LIFT STATION AREA
BASIN 1-16 WASTEWATER COLLECTION SYSTEM
The City of Fayetteville retains RJN Group to provide engineering services for the evaluation,
planning, design, bidding and construction assistance of applicable sanitary sewer maintenance
and rehabilitation activities in the Hamestring Area (Basin 1-16) sewer system, hereinafter
referred to as the Project. The sewer system which flows to the Hamestring Creek Lift Station
has seen significant growth and flow increases in recent years. It is anticipated that collection
system rehabilitation to reduce infiltration and inflow (I/I) in this system can offset the domestic
flow increases due to growth, and thus extend the life of the pumping stations and interceptors
and increase the amount of future growth than con occur in the basin. The sewer system
tributary to the Hamestring Lift Station containing approximately 283,000 linear feet of sewer
and 1,200 manholes.
The basin contains small sections of old construction (clay or PVC truss mains with some brick
and some old concrete manholes) and larger sections of fairly new construction with solid wall
PVC mains and vacuum tested concrete manholes. In order to not spend time and money
investigating new sewer mains and manholes, most of the effort will be focused on the older
lines in the system. Newer lines will be evaluated by flow evaluation; any sub -areas that appear
to have significant 1/1 problems will be investigated more thoroughly.
This Project will include field investigations (Phase I) and developing plans and specifications
for rehabilitation of the collection system (Phase II). The field investigation phase may include
manhole inspection, smoke testing, dyed water flooding, television inspection, and flow
monitoring. A summary of the tasks that may be included in this Project are included in the
Work Plan in the following sections.
Actual quantities for individual work tasks such as design services cannot be fully determined at
this time. The quantities for these individual work tasks will be determined as the project
progresses and information on the system is compiled.
Work Plan
The Work Plan includes all the necessary engineering, planning, and field tasks for developing a
Sewer Rehabilitation Plan consistent with the historical practices employed for similar projects
in the Fayetteville Sanitary Sewer System.
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A. Project Administration
Mobilize project team.
2. Meet with CITY staff to develop project strategy, coordinate upcoming work, and
receive CITY input.
3. Prepare a final schedule of work activities.
4. Provide general consultation with representative CITY OF FAYETTEVILLE
staff on an as -needed basis.
5. Perform internal project control procedures on a monthly basis including schedule
and budget control, quality control review, and monthly progress reports.
6. Perform administration and coordination of subconsultants including contract
finalization, performance, coordination, and payment requests.
B. Public Relations
Public relation activities will be included as necessary to inform the public in the study
area of upcoming field work. The primary focus will be on smoke testing activities.
Specific tasks will include:
Provide door hangers for notification of residents during smoke testing activities,
if any required.
2. Coordinate smoke testing activities with representatives of the CITY OF
FAYETTEVILLE.
SEWER SYSTEM STUDY
A. Flow Monitoring
Flow monitoring will be conducted at specific locations within the study area. It is
anticipated that six (6) City -owned meters will be utilized during the study period. CITY
staff with assistance from RJN staff, will service the meters on a weekly basis for a
period of 60 days. The CITY's rain gauge network will be utilized during the study and
two to three additional temporary rain gauges to supplement the network. Services to be
provided by RJN include:
Assist the CITY's staff with servicing of the CITY's temporary flow meters on a
weekly basis for a period of 60 days. Review the weekly manual depth and
velocity profiles to verify the accuracy of the meters.
2. Processing the rain gauge data on a weekly basis.
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3. Analyzing flow data to determine the following:
a. Average daily dry -weather flow and peaking factors.
b. Peak infiltration rates if possible.
c. Peak inflow rates for selected rainfall events and establish the relationship
between peak inflow and rainfall (Q vs I) for each monitoring site.
4. Analyzing wastewater flow data from the U of A collection system that is
tributary to Basin 1-15. The analysis will include determining the I/1 contribution
from the U of A and making recommendations for any additional investigation, if
necessary.
B. Manhole Inspection
It is anticipated that all manholes, except those shown on Exhibit I as not being included
in the study, will be evaluated either by inspection from above ground (newer manholes)
or by below ground inspection (older manholes). RJN will perform the field inspection
and collect any data necessary to complete the manhole rehabilitation construction
documents. Specific field tasks will include the following as necessary:
Perform inspection at manholes and record data on computerized data form.
2. Perform computerized analysis of Ill inspection data with quantification of
observed defects.
C. Rainfall Simulation
This task will specifically identify sections of sewer lines and sources where excessive
infiltration and inflow may be expected to occur during wet -weather periods, including
locations of stormwater transfer into the sanitary sewer system. It is anticipated that only
the sewer lines indicated on Exhibit I will be smoke tested initially. Should the flow
analysis show that additional lines contain excessive I/I, these will also be included in the
smoke testing activities.
Work will include smoke testing and dyed water flooding using comprehensive testing
techniques developed by RJN for such studies. A dual blower intensified smoke
technique will be utilized to test sewer lines in the selected areas. This enhanced method
uses two smoke blowers for each test segment instead of the conventional technique of
one blower, and includes partial plugging of the segment. The objective is to identify
connections from typical sources such as catch basins, roof leaders, yard drains, area
drains, and detectable main line and lateral defects. Smoke testing will be performed only
during dry periods to maximize the effectiveness of the smoke testing program.
5/1912005 A-3
Inflow sources may also be identified by means of dyed water flooding of storm sewer
sections and suspected overflows, stream sections, ditch sections, and ponding areas that
may be contributing to inflow. Some of the test areas are based on results of RJN'S
smoke testing program. Positive dye tests are quantified for leakage rate. Field test data
are input to the computerized data management system and analyzed.
Specific tasks to be included are the following:
Perform dual blower smoke testing with partial plugging on adjacent manholes,
secure photographs of defects, and record results on computerized data form.
2. Perform computerized analysis of smoke testing data and select dyed water
flooding locations.
3. Perform dyed water flooding at selected locations and record data on
computerized data forms and perform computerized analysis of data.
4. Perform computerized data analysis of smoke test and dyed water data with
quantification of observed defects.
D. Dyed Water Flooding/TV Inspection Activities
A remote -controlled television camera will be placed in the sewer line to observe the
leakage of water from simultaneous dyed water flooding of defects along the main sewer
lines. This inspection will allow the proper identification of each defect and selection of
the correct rehabilitation method. Cleaning and television inspection will be provided by
a subcontractor to the ENGINEER. Heavy cleaning is not included in the cost proposal.
Some cleaning and televising support may be provided by the City.
ENGINEER will provide coordination of the inspection and simultaneous dyed water
flooding of the suspect defects.
E. Data Analysis and Report
RJN will analyze all inspection data collected by RJN during this study and will make
recommendations for repairs. Specific tasks that are included area as follows:
Develop rehabilitation and improvement costs for various types of
infiltration/inflow defect repairs and sewer improvements including, but not
limited to:
a. Main Replacement
b. Point Repair
c. Inversion Lining
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d. Pipe Bursting
e. Manhole Rehabilitation
f. Manhole Replacement
2. Develop recommendations for rehabilitation of both public and private I/1 sources
in priority order, cost estimates by individual rehabilitation type, and estimated 1/I
reduction as a result of the recommendations.
Prepare and submit two (2) copies of a draft report which includes results of the
Ill investigations, findings, cost estimates, recommended plan to reduce I/I, and a
preliminary schedule of implementation for sewer rehabilitation. The draft report
will be presented and discussed with CITY staff. After comments are received, a
final report will be prepared and submitted to the CITY. RJN will provide three
(3) copies of the final report.
FINAL ENGINEERING DESIGN/BIDDING ASSISTANCE
A. Manhole Rehabilitation Design
The extent of manhole rehabilitation is not known at this time. The actual quantities of
design will be determined after the review of the previous inspection data and any
subsequent inspections are performed. Generally, the manhole rehab design activities
will include the following:
Review reports from the Manhole Inspection Program to determine UI sources to
be rehabilitated.
Evaluate site specific manhole repair alternatives including cover type, grade
adjustments, sealing techniques, manhole interior repairs, and/or manhole
replacement.
3. Using RJN's basic specifications, prepare project specifications which shall
include but not be limited to: (1) bidding documents, (2) contractual documents,
(3) conditions of the contract, (4) standard project forms, (5) technical
specifications, (6) schedule of manhole rehabilitation, (7) location map and
(8) general details.
4. Prepare Engineer's Opinion of Probable Construction Cost.
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A-5
5. Submit two (2) copies of the draft contract documents to the CITY for review.
6. Perform final changes to contract documents based on CITY review.
Submit two (2) copies of the final contract documents to the CITY.
B. Sewer Line Rehabilitation
The extent of sewer rehabilitation is not known at this time. The actual quantities of
design will be determined after the review of the previous inspection data and any
subsequent inspections are performed. Generally, the sewer line design activities will
include the following:
Review reports for
infiltration
and
inflow sources to be rehabilitated, sewer line
maintenance items,
and sewer
line
replacement.
2. Perform sewer profile level survey and site inspections for sewer replacement.
Investigate public utility locations.
4. Evaluate pipe repair alternatives including pipe replacement, pipe bursting, and
lining options as necessary because of site conditions.
Provide the CITY with the technical information for location of the easements, if
any, required for construction of the project. Information to include width and
general location of the easements, and distances from the property lines. Property
line information shall be obtained from existing maps provided by the CITY to
the ENGINEER.
6. Prepare contract design drawings for I/I rehabilitation, sewer replacement and/or
sewer lining. Drawings shall indicate permanent and temporary easements for
construction based on information supplied by CITY. Drawings shall include but
not be limited to: (I) title sheet/drawing index, (2) location maps, (3) schedule of
manhole rehabilitation, (4) plan and profile of replacement segments, (5) plan of
repair line segments, (6) special details, and (7) general details.
Using Engineer's basic specifications, prepare project specifications which shall
include but not be limited to: (1) bidding documents, (2) contractual documents,
(3) conditions of the contract, (4) standard project forms, and (5) technical
specifications.
8. Prepare Engineer's Opinion of Probable Construction Cost by major items.
9. Submit two (2) copies of the draft plans and specifications to the CITY for
review.
5/192005 A-6
10. Perform final changes to contract documents.
11. Submit five (5) copies of the final project drawings and contract specifications to
the CITY for review.
12. Assist the CITY in obtaining permit approvals from regulatory authorities.
C. Additional Services
Conduct horizontal and vertical control survey necessary for design of the project.
2. Obtain typical soil boring data for replacement sewer locations, as required.
After approval by the CITY, the ENGINEER will prepare, type, and issue legal
description of easements. The CITY will secure easements as necessary.
4. Assistance in obtaining permit from Highway Department, Health Department,
and any other state permits, if necessary, for sewer construction.
D. Bidding Assistance
It is anticipated that two (2) construction contracts will be bid. The first contract to be
completed and bid shall include justified manhole rehabilitation activities. The second
contract bid shall include sewer line and appurtenant elements, including maintenance,
repair, rehabilitation and replacement work. The following bidding assistance services
are included for the two contracts.
Assist the CITY in advertising, obtaining, and evaluating Bid Proposals for the
construction contract and awarding thereof. Provide assistance to the CITY in
responding to bidder inquiries during advertisement of the construction contract,
and participate in project pre -bid conference. Provide and distribute bidding
documents and addendum. Non -refunded bid deposits shall remain the property
of RJN for administrative, printing, and handling cost.
Assist the CITY in reviewing the bids for completeness and accuracy. Develop
bid tabulations and submit a written recommendation of contract award to the
CITY along with three (3) copies of the bid tabulations.
3. Consult with and advise the CITY on the responsibility and responsiveness of
contractors, the acceptability of subcontractors, substitute materials, and
equipment proposed by the project bidders.
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RJN GROUP, INC. is available to provide resident engineering services under a separate
negotiated amendment. These services may include the following:
A. Resident Engineering
Provide the successful bidder(s) with three (3) sets of the contract specifications
for execution and the insertion of the required insurance certificates. Provide the
successful bidder(s) with five (5) sets of the contract documents for construction
purposes.
2. Assist the CITY in conducting a pre -construction conference with the Contractors
by notifying utilities, governmental agencies, and other interested parties, and
answer questions at the conference.
3. Review shop drawings, scheduling, test results, and other submittals which the
Contractor is required to submit.
4. Consult with CITY and act as the CITY's engineering representative in dealings
with the Contractor. Issue instructions of CITY to Contractor and issue necessary
interpretations and clarification of the contract specifications.
5. Provide engineering survey(s) for construction to establish horizontal and vertical
reference points which are necessary for the Contractor to construct the work.
Coordinate the taking of preconstruction photos and surface video taping with the
Contractor as necessary.
6. Provide resident observation for rehabilitation and sewer replacement
construction for general conformance to the contract drawings and contract
specifications. Also provide resident observation of acceptance testing and
restoration work by the Contractor.
Review and respond to complaints received by CITY and report any differences
of opinion between the Contractor, ENGINEER and complaining party.
8. Review applications for partial payment with the Contractor for compliance with
contract specifications and submit to the CITY a recommendation for payment.
9. Issue field orders to Contractor after consultation with the CITY. Review any
change orders proposed by the Contractor and provide recommendations to the
CITY.
10. Conduct an on -site review to determine if the projects are substantially complete
and submit to the Contractor a list of observed items requiring completion or
correction.
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u
11. Conduct a final on -site review, in the company of the CITY and Contractor, to
verify the projects are fully complete. Submit a recommendation for final
acceptance of the projects to the CITY.
12. Provide the CITY with three (3) sets of black line prints of the record drawings.
13. Provide the CITY with a report that summarizes 1/I sources that have been
removed and listing of line segments and their attributes that have been added.
14. RJN will not be responsible for the means or sequences of the construction work
or the implementation program for safety of the construction contractor and
subcontractors and it will be stipulated as such in the contract documents.
5/19/2005
A-9
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APPENDIX C
SUMMARY OF COST
City of Fayetteville
Illinois River Watershed Basin 1-15
Hamestring Creek Lift Station Area Sewer System Study
Task Description
Unit
Quantity Cost
Cost
($)
PHASE I
Sewer System Study
A.
Project Administration
I $22,375.00/LS
22,375.00
B.
Data Management
I $16,240/LS
16,240.00
C.
Public Relations
I $3,096.00/LS
3,096.00
D.
Flow Data Analysis
I $10,600.00/LS
10,600.00
E.
Manhole Inspection
Above Ground
695 $66.26/EA
46,050.70
Below Ground
210 $86.88/EA
18,244.80
F.
Rainfall Simulation
Smoke Testing (Dual -Blower)
Street
130,950 $0.377/LF
49,368.15
Off Street
75,566 $0.440LF
33,249.04
Dyed Water Flooding
40 $290.00/EA
11,600.00
G.
Flow Isolation
24 $219.67/EA
5,272.08
H.
TV Inspection Coordination
Cleaning/TV Inspection
15,000 V
28,500.00
Concurrent Dye Testing
15,000 $1.44/LF
21,600.00
Data Analysis and Report
I $29,020/LS
29,020.00
Subtotal Sewer System Study Cost
295,215.77
PHASE II FINAL DESIGN
Design Allowance
2/ 2/
100,000.00
Survey Allowance
2/ 2/
25,000.00
Subtotal Design Services
125,000.00
PHASE III CONSTRUCTION
3/ 3/
3/
Total
420,215.77
I/
Unit price will be in accordance with schedule in Appendix B -I.
2/
Because of the nature and extent of design services are not known at this time, an allowance is
included in the Contract. The allowance
will allow RJN GROUP, INC. to begin
work in order to
maintain the schedule. It is understood by the CITY OFFAYETTEVILLE and RJN GROUP,
INC., that after completion of the field investigation
the full extent of design services will be
known. At that time, RJN GROUP, INC.
shall estimate the total cost to establish
the
compensation for design services.
3/
To be negotiated under a separate amendment to this Agreement.
5/1912005 C-1
APPENDIX C-1
COMPENSATION SCHEDULE
FOR CLEANING AND TV INVESTIGATION
Size Access Light Cleaning Heavy Cleaning TV Rate
6-8" Street $0.83 $0.88 $0.83
6-8" Easement $1.05 $0.99 $0.94
6-8" Remote $1.15 $1.38 $1.05
10-12" Street $0.83 $0.88 0.83
10-12" Easement $1.05 $0.99 $0.94
10-12" Remote $1.38 $1.48 $1.05
Remote is defined as 200 linear feet from a paved surface. Heavy Clean is in addition to a light
clean.
Cleaning payment is based on actual footage of pipe cleaned, not actual completed television
inspection.
C-1 (1)
J
/265
City Council NTeeting of June 7, 2005
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Bob Davis, Water/Wastewater Director
Stephen Davis, Finance and InternaS
From: David Jurgens, Water/Wastewater
• /OO
/2J Al Grag°,,,
t-ic,/fit'
ion
Date: May 19, 2005
Subject: Resolution approving an engineering s ices contract with RJN Group, Inc.,
for Sanitary Sewer Evaluation Study and Design for Illinois River Basin 15,
the areas tributary to the Hamestring Creek Lift Station
RECOMMENDATION
Fayetteville City Administration recommends approval of an authorization totalling
$420,216, said amount being the face value of a proposed contract with RJN Group,
Inc., and approving a 5% contingency of $21,000.00.
BACKGROUND
The wastewater flows from a large portion of the western and northwestern parts of the
City are transported to the Hamestring Creek and Owl Creek Lift Stations. The
Hamestring Creek Lift Station is located near the Sunshine Road bridge that spans
Hamestring Creek; the Owl Creek Lift Station located adjacent to the bridge on Double
Springs Road pumps sewer to the Hamestring Creek Lift Station. The service area of
these main two lift stations is depicted on the map below.
HAMESTRING DRAINAGE STUDYAREA
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> L>5> 2£C fr: ]UC ID?F a � -W YDDn•f•tV Yn.•v\\i9 y5` 1 {fin`
Hames\ringSSESDesign Council Agenda-May05.doc
0 City Council Meeting of June 7, 2005
yeue.y. le
This area has seen significant growth in recent years, and there are numerous potential
developments being considered. Collection system rehabilitation to reduce infiltration
and inflow (I/1) in this system can offset these domestic flow increases, thus extending
the life of the pumping stations and interceptors and increasing the amount of future
growth than can occur in the basin. This rehabilitation project is a major component of
the City's larger action plan to proactively address the continued sewer challenges in the
area.
DISCUSSION
This is not a generic, theoretical study, but a detailed and specialized physical
examination of every selected manhole and every inch of selected pipe in our sewer
system in this area, which evaluates almost every aspect of these sewer lines and
manholes. The project is similar to those recently completed in other areas of town,
which have been instrumental in stopping numerous sanitary sewer overflows.
The estimated work includes physical investigations of approximately 900 manholes,
smoke testing pipe, performing dyed water examinations, cleaning and televising sewer
pipe, and providing a brief written report of the results. Sewer flows and rainfall will be
measured at key points throughout the basin using City owned flow monitors. The basin
contains some old construction (clay or truss pipe mains with some brick and some old
concrete manholes) and a great deal of fairly new construction with PVC mains and
vacuum tested concrete manholes. In order to not spend time and money investigating
new sewer mains and manholes, most of the effort will be focused on the older lines in
the system. Newer lines will be evaluated by flow evaluation; any sub -areas that appear
to have significant I/I problems will be investigated more thoroughly. The system
includes 283,000' of sewer pipe of varied sizes and types, and 1,200 manholes.
Some of the collection system tributary to this basin services the southwest portion of
the University of Arkansas farms and is owned by the U of A. If rehabilitation is required
in the U of A portion of the system, we will incorporate the SSES and all follow-on work
in that area by change order. This has been coordinated with U of A Physical Plant staff.
No pipes that are being abandoned or replaced in the Wastewater System Improvement
Plan will be evaluated in this study. All work performed in this study will provide
permanent benefit to the City.
BUDGET IMPACT
The $441,216.00, including the $21,000.00 contingency, is included in the 2005 budget.
Attachments: Proposed Contract
Scope of work
HamestringSSESDesign Council Agenda-MayO5.doc
RESOLUTION NO.
A RESOLUTION AWARDING AN ENGINEERING SERVICES
CONTRACT IN THE AMOUNT OF $420,216.00 WITH RJN
GROUP, INC. FOR SANITARY SEWER EVALUATION STUDY
AND DESIGN FOR ILLINOIS RIVER BASIN 15, THE AREAS
TRIBUTARY TO THE HAMESTRING CREEK LIFT STATION;
AND APPROVING A 5% PROJECT CONTINGENCY IN THE
AMOUNT OF $21,000.00.
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 awards an engineering services contract in the amount of $420,216.00
with RJN Group, Inc. for sanitary sewer Evaluation Study and Design for Illinois
River Basin 15, the areas tributary to the Hamestring Creek Lift Station.
Section 2. That the City Council of the City of Fayetteville, Arkansas,,
hereby approves a 5% project contingency in the amount of $21,000.00.
PASSED and APPROVED this 7th day of June, 2005.. i
d,
APPROVE
C 4 ODY, Mayo
ATTEST:
I:
a
,=r
AnKA N5A5
WATER AND WASTEWATER OPERATIONS
To: Engineering Selection
From: David Jurgens, Water/Sewer
Date: II May 2005
Re: Engineering Services Selection,
Basin 15
Sewer Rehabilitation, Illinois River
1. Background. The sewer system which flows to the Hamestring Creek lift station
(2034 N County Road 877, where Sunshine Road turns south to W1 Avenue) has seen
significant growth and flow increases in recent years. Collection system rehabilitation to
reduce infiltration and inflow (I/1) in this system can offset the domestic flow increases
due to growth, and thus extend the life of the pumping stations and interceptors and
increase the amount of future growth than can occur in the basin.
2. Project Intent. This project is designed to reduce the extraneous I/I so that the
system can meet current and future demands. The primary area to be studied is the west
and north portion of town, shown on the attached map. We experience wet weather
sanitary sewer overflows at three manholes in and downstream from this area.
3. Physical Characteristics and Resulting Investigation. The basin some old
construction (clay mains with some brick and some old concrete manholes) and a great
deal of fairly new construction with PVC mains and vacuum tested concrete manholes.
In order to not spend time and money investigating new sewer mains and manholes, most
of the effort will be focused on the older lines in the system. Newer lines will be
evaluated by flow evaluation; any sub -areas that appear to have significant I/1 problems
will be investigated more thoroughly. The system includes 283,000' of sewer pipe of
varied sizes and types, and 1,200 manholes. We expect to use city owned flow meters
and a combination of City and RJN owned rain gauges.
No work should be performed on any component of the system that will be
removed with the Wastewater System Improvement Project.
4. University of Arkansas Collection System. Some of the collection system tributary
in this basin services the southwest portion of the University of Arkansas farms and is
owned by the U of A. Specifically, it includes the lines that flow south from the farms
and connect to the City main in the Porter Road just south of the 1540/Porter Road exit.
Scott Turley, U of A Physical Plant, has stated the U of A's intent to participate, and has
approved our request to install a flow monitor in the downstream reaches of the U of A
collection system to identify if there is an I/I problem or any unusual flow characteristics
in this area. If we identify 1/1 problems in this area, we will consider a joint effort similar
to what we did on the main parts of campus several years ago. As the need is not yet
Basinl5SSES ScopeotWork Mav05.doc
identified, we will first do the basic flow analysis, and then identify if rehabilitation is
required in the U of A portion of the system. If some is required, we can then incorporate
the SSES and all follow on work by change order. The U of A will also be included in or
informed about the project to the extent that he may request.
5. Project Description. The total project will be executed in three phases. This selection
covers all phases. Phases 2 and 3 will probably be contracted at a later date.
A. Phase 1. Preliminary Engineering (Sanitary Sewer Evaluation) Study. This is
one part of the engineering work for which we are making the selection at this time, and
involves a thorough investigation of the sewer system to identify all sources of inflow
and infiltration through which rain and ground water enters the sewer system. It will also
identify major structural and capacity defects, and will take recurring maintenance
problems into account. The product will be a recommended construction plan with cost-
effective repair analysis.
The estimated work includes physical investigations of approximately 1,200
manholes, smoke testing pipe, performing dyed water examinations, cleaning and
televising sewer pipe, and providing a brief written report of the results. Sewer flows
and rainfall will be measured at key points throughout the basin using a mixture of City
owned and consultant owned flow monitors and rain gauges.
This is not a generic, theoretical study, but a detailed and specialized physical
examination of every selected manhole and every inch of selected pipe in our sewer
system in this area, which evaluates almost every aspect of these sewer lines and
manholes. The project is similar to those recently completed in other areas of town,
which have been instrumental in stopping numerous sanitary sewer overflows.
B. Phase II. Final Engineering Design. This phase includes the design of the
rehabilitation and the bidding process. The design will be based on the SSES. The
design firm selection will be made simultaneous with the SSES selection.
C. Phase 111. Construction. This phase involves the actual manhole and sewer line
construction and rehabilitation, and inspecting and supervising the contractor(s) who
perform the work. This project will'probably include two or three construction projects -
one for manhole work and two for different types of main line repairs and replacement.
Construction should begin in 2006, and should last from 18 to 24 months.
6. Budgeting. The sewer rehabilitation project is in the 2004 Capital Improvements Plan,
and is funded by water/sewer revenue funds. This project will use funds from multiple
years.
Enclosures: Project Area Map
Basin 15SSES ScopeoiW ork May05.doc
David Jurgens
Submitted By
S City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
7 -Jun -05
City Council Meeting Date
Water/Wastewater
Division
Water/Wastewater
Department
Action Required:
e an engineering services contract with RJN Group, Inc., in the amount of $420,216 for a detailed Sanitary
Evaluation Study and Design for Illinois River Basin 15, the areas tributary to the Hamestring Creek Lift
, and approving a 5% contingency of $21,000.00.
$441,216.00
Cost of this request
5400-5700
Account Number
02017
Project Number
Budgeted Item
$ 5,419,133.00
Category/Project Budget
$ 699, 261.91
Funds Used to Date
$ 4,719,871.09
Remaining Balance
Budget Adjustment Attached
Sanitary Sewer Rehabilitation
Program Category / Project Name
Sanitary Sewer Rehabilitation
Program / Project Category Name
Water/Sewer
Fund Name
4 Previous Ordinance or Resolution #
Department Director Date Original Contract Date:
Original Contract Number:
City Attorn
Received in City Clerk's Office
sa
Finance and Internal Service Director Date
Received in Mayor's Office FNiENED
(/7 ___ Mayor Date
From: Clarice Pearman
To: Jurgens, David
Subject: Res108-05
David,
Attached is a copy of resolution passed by City Council, June 19, 2005 regarding RJN Group. I have
returned to you via interoffice mail three of the four originals of the contract.
Thanks.
Clarice