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HomeMy WebLinkAbout146-05 RESOLUTION• • RESOLUTION NO. 146-05 A RESOLUTION APPROVING AN AMENDMENT TO THE DESIGN AND BIDDING PHASE SERVICES CONTRACT WITH RJN GROUP, INC. IN THE AMOUNT OF $1,659,090.00 FOR CONSTRUCTION PHASE INSPECTION, ENGINEERING AND CONSULTING SERVICES FOR THE WEST SIDE SEWER LINE CONSTRUCTION, HAMESTRING LIFT STATION CONSTRUCTION, AND THE GREGG AVENUE LIFT STATION REHABILITATION PROJECTS (WL -1, WL -2, WL -3, WL -4, WL -5, WL -6, AND WL -7). 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 an amendment to the Design and Bidding Phase Services Contract with RJN Group, Inc. in the amount of $1,659,090.00 for construction phase inspection, engineering and consulting services for the West Side Sewer Line Construction, Hamestring Lift Station Construction, and the Gregg Avenue Lift Station Rehabilitation Projects (WL -1, WL -2, WL -3, WL -4, WL -5, WL -6, and WL -7). PASSED and APPROVED this 19th day of July, 2005. Sa.,• GAS , ut SGS° • • FAYETTEVILLE Za LCL', 5 ATTEST: %;9SS�:9KANSPpJ? By: '%Ot,Lset-..-' SONDRA SMITH, City Clerk APPROV By DAN COODY, Mayor • • • AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS RJN GROUP INC. WHEREAS, On July 15, 2003, the City of Fayetteville, Arkansas (City of Fayetteville) and RJN Group, Inc. of Dallas, Texas entered into an Agreement for engineering services in connection with the Wastewater System Improvement Project, and in particular the Westside Collection System Improvements (the "Project"). The scope of these services included the final design and bidding services, and WHEREAS, RJN Group, Inc has proceeded with these services in accordance with the scope set forth in the Agreement, and WHEREAS, City of Fayetteville requests that the scope of RJN Group, Inc.'s services to be amended to provide Construction Phase Services for the Project, and WHEREAS, RJN Group Inc agrees to provide the amended scope of services for a fee increase not to exceed $1,659,090; NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, City of Fayetteville and RJN Group Inc., the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 15, 2003, is hereby amended in the following particulars: SECTION 2 - BASIC SERVICES OF RJN GROUP INC 2.4 Construction Phase 2.4.1 Consult with and advise City of Fayetteville and act as City of Fayetteville's Engineer as provided in City of Fayetteville's General Conditions of the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of RJN Group Inc. as assigned in said General Conditions shall not be modified without RJN Group Inc.'s written consent. 2.4.2 Conduct Construction Phase Services in accordance with the Arkansas Soil and Water Conservation Commission Rules Governing the Arkansas Clean Water Revolving Loan Fund Program and as directed by the City of Fayetteville. 2.4.3 Review Contractor(s') schedules for Work progress, equipment and materials procurement, submittals, and values for partial pay purposes, and project cash flow requirements. Amendment No. 2 1 7/26/2005 • • 2.4.4 Review and accept Submittals of Contractor(s) for conformance with the design concept and intent of the Contract Documents. 2.4.5 Make visits to the Site at intervals appropriate to the stages of construction to consult with and advise RJN Group Inc's Resident Project Representative, and observe the progress and quality of the executed Work, and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. RJN Group Inc shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or for Contractor's failure to perform construction work in accordance with the Contract Documents. 2.4.6 Issue all instructions of City of Fayetteville to Contractor(s); prepare routine Change Orders as required; act as initial interpreter of the terms and conditions of the Contract Documents and judge of the performance there under by the parties thereto, and make recommendations to City of Fayetteville on claims of City of Fayetteville and Contractor(s) relating to the execution and progress of the Work and other matters and questions related thereto; but RJN Group Inc. shall not be liable for the results of any such recommendations, interpretations, or decisions rendered by RJN Group Inc. in good faith. 2.4.7 Review Contractor(s)' applications for payment and supporting data, determine the amounts owing to Contractor(s), and recommend approval in writing to City of Fayetteville of all payments to Contractor(s) in accordance with the Contract Documents. 2.4.8 Render periodic Work progress reports to City of Fayetteville. 2.4.9 Conduct an inspection to determine if the Project is substantially complete and a final inspection to determine if the Project has been completed in accordance with the Contract Documents, and if each Contractor has fulfilled all of his obligations there under so that RJN Group Inc. may recommend approval, in writing to City of Fayetteville, of final payment to each Contractor. 2.5 Post Construction Phase 2.5.1 Provide qualified personnel during equipment start-up and instruct City of Fayetteville's personnel in equipment function and intended use. 2.5.2 Prepare a reproducible Record Set of drawings revised to show significant changes made during construction of the Project in accordance with records provided by Contractor and RJN Group Inc.'s Resident Project Representative 2.5 Resident Services During Construction 2.6.1 A Resident Project Representative(s) and assistants shall be fumished and shall act as directed by RJN Group Inc. in order to provide more extensive representation at the Project site during the Construction Phase. The cost estimate is based on the assumption that each resident Project Representative/Assistant will be responsible for overseeing the construction of two pipe line projects. A full-time representative will observe the Amendment No. 2 2 7/26/2005 • • construction of each lift station. A total of 11,260 hours of resident representative hours are included in the cost estimate attached hereto as Attachment A. 2.6.2 The Resident Project Representative, through more extensive on-site observations of the work in progress, field checks of materials and equipment, and maintenance ofjobsite records on conditions and activities, shall assist RJN Group Inc in determining that the Project is proceeding in accordance with the Contract Documents, but the furnishing of such resident project representation shall not make RJN Group Inc. responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs, or for Contractor(s') failure to perform the construction work in accordance with the Contract Documents. SECTION 6 - PAYMENTS TO RJN GROUP INC 6.1 Compensation The total payment for the scope of services set forth in the original Agreement for final design and bidding phase, and as may have been amended, plus the additional Construction Phase Services set forth in this Amendment No. 2 is estimated to be FOUR MILLION, ONE HUNDRED SIXTY-SEVEN THOUSAND, EIGHT HUNDRED EIGHT DOLLARS AND NO CENTS (US$4,167,808.00), but is not a guaranteed maximum. 6.1.1 Amount of Payment: For services performed under this Amendment No. 2, City of Fayetteville shall pay RJN Group Inc. the sum of the following: 6.1.1.1 For time expended by personnel, payment at the hourly rates indicated in RJN Group Inc's Schedule of Hourly Billing Rates attached hereto as Attachment B. 6.1.1.2 For outside expenses incurred by RJN Group Inc, such as authorized travel and subsistence, commercial services, courier deliveries, and incidental expenses, the cost to RJN Group Inc. plus 5 percent. 6.1.1.3 For reproduction; printing; and binding of documents, and vehicle and testing apparatus usage, amounts as determined from RJN Group Inc's schedule of rates in effect at the time the service is provided. 6.1.2 Subject to prior 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 amended Agreement for completion of work and such modification warrants such adjustment. 6.1.3 Monthly statements for each calendar month shall be submitted to City of Fayetteville or such parties as City of Fayetteville may designate for these 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 Amcndment No. 2 3 7/26/2005 • • made in accordance with a format to be developed by RJN Group Inc and approved by City of Fayetteville. Final payment for these services shall be made upon City of Fayetteville's approval and acceptance with the satisfactory completion of this phase for the Project. For the Scope of Services during the Construction Phase described in this Amendment No. 2, City of Fayetteville shall pay RJN Group Inc an amount not to exceed $1,659,090. All other provisions of the original Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this fgday of ,14,i\i , 2005. CITY OF F is I/4 YETTEVILLE, ARKANSAS RJN GROUP, INC. �� Q By: A - �//•f%� 13y: M Jai Dan Coody Hugh elso Mayor 411 Regional Vice President ATTEST: Sondra Smith City Clerk Attachments: Attachment A: Attachment B: Professional Services Cost Hourly Wage Schedule ATTEST: i (aAe-.J (i •/1� t Amendment No. 2 4 7/26/2005 • • • • ATTACHMENT A PROFESSIONAL SERVICES COST WESTSIDE CONSTRUCTION SERVICES CITY OF FAYETTEVILLE, ARKANSAS HOURLY RATE WORK Total Cost Estimate ($) Estimated Manhours WORK TASK DESCRIPTION PD hr PM hr PE hr CM hr Inspector hr DP hr COOT hr Direct Cost ($) Protect Management 80 740 82 60 11,544 $ 138,114.00 Inspection - WL 1/WL-3 8 24 60 2,264 3,200 $ 219,500.00 Inspection - WL 2 12 24 60 1,292 2.800 $ 132,220.00 Inspection - WL 4 16 32 436 1,228 12,200 $ 188 300.00 Inspection - WL 5 10 20 964 200 20,200 $ 172,540.00 Inspection - WL 6 14 30 2,856 0 60,600 $ 452,310.00 Inspection - WL 7 8 16 64 1,322 2,600 $ 133,580.00 WL 6 Structural Review 2 8 40 _ _ $ 6,380.00 WL 6 Elect Review 2 10 80 $ 11,650.00 WL 6 Instrument Review 4 12 80 $ 12,220.00 WL 6 Pump Tests 8 24 60 500 $ 12,440.00 Project Start Up 40 120 80 200 80 5,500 $ 71.900.00 Meetings 96 296 20 92 60 30 5,696 $ 82.176.00 Record Drawing Prep 56 280 $ 25,760.00 SUBTOTAL $ 1,659,090.00 TOTAL 300 1,412 360 4,814 6,446 280 90 $ 124,840.00 $ 1,659,090.00 Total Services: $ 1,659,090.00 726(2005 A - I • • • ATTACHMENT B • HOURLY RATE SCHEDULE FAYETTEVILLE WASTEWATER PROJECT Effective 3/25/05 Through 12/31/05 CATEGORY Project Director Project Manager Construction Manager Project Engineer Electrical Engineer Mechanical Engineer Structural Engineer Landscape Architect Engineering Technician II Engineering Technician I Construction Observer II Construction Observer I Chief Draftsman Draftsman Computer Technician Registered Land Surveyor Survey Crew (2 -Man or 1-Man/Robotic) Party Chief Soils Lab Supervisor Soils Lab Technician Water Lab Supervisor Water Lab Technician Clerk/typist Mileage ** 'Subject to adjustment annually. "Subject to adjustment quarterly. B-1 'HOURLY RATE $150.00 $135.00 $135.00 $125.00 $ 99.75 $ 99.75 $ 99.75 $ 65.10 $ 68.25 $ 36.75 $ 90.00 $ 41.90 $ 75.00 $ 55.00 $ 60.64 $ 82.68 $110.25 $ 49.61 $ 57.33 $ 38.59 $ 55.12 $ 38.59 $ 50.00 $ 38 1 <iTr r4tl]e City Council Meeting of July 19, 2005 RJ/V G/d CITY COUNCIL AGENDA MEMO To: Mayor and City Council Pie / Antwidintd- From: Bob Davis, P.E., Water & Wastewater Director Date: July 1, 2005 Subject: Approval of a contract amendment for RJN Group, Inc. to provide Construction Phase Services dealing with the construction and post - construction activities associated with WSIP bid packages, WL1, WL -2, WL -3, WL -4, WL -5, WL -6, WL -7. RECOMMENDATION : 1 recommend approval of this contract amendment. This recommendation was precccded by a thorough review of proposed tasks presented by ECO, Inc. including an intense question and answer session, negotiation and refinement, and finally, revision of their preliminary proposal. A detailed breakdown of tasks and estimated hours for cach task are provided. RJN Group, Inc. has provided design and bidding services for the above -referenced WSIP work. Approval of this contract amendment will provide the City with continuation of responsible charge and subsequent engineering responsibility by a single, consistent entity (RJN Group, Inc.). RJN Group, Inc.'s design and bidding services regarding the WSIP have been conducted in a timely, professional manner and we have every reason to believe that this track record will continue throughout construction and post -construction phase activities. BACKGROUND: As part of the Wastewater Systems Improvement Project (WSIP) the City of Fayetteville has undertaken a major renovation and expansion of their existing wastewater facilities including treatment and collection. The construction phase services represented by this request will cover 5 line projects on the west side of Fayetteville, construction of the new Hamestring Lifi Station, and renovation of the Gregg Street Lift Station. DISCUSSION: RJN Group, Inc. has played a primary design role in all of the WSIP west side projects with exclusion of the west side wastewater treatment plant. They have provided thorough and dependable design and bidding services to provide the City with a quality product to date. BUDGET IMPACT: Payment for construction phase services offered by RJN Group, Inc. will be from the 3/4 —cent sales tax bond election held on November 6, 2001 for the Wastewater System Improvements Project. Funding through the Arkansas Soil and Water Conservation Commission will not he used to fund this expense. The $1,659,090.00 requested for these services is 1.33% of the $125,000,000.00 budget allocated for the Wastewater System Improvements Project. • • Bob Davis Submitted By • • City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 7/19/2005 City Council Meeting Date Water & Wastewater Division Action Required: Department RJN, Inc. Approval of a contract amendment to the Design and Bidding Phase Services Contract, presently in place, for construction phase inspection, engineering, and consulting services for the west side sewer line construction, Hamestring Lift Station Construction, and the Gregg Street Lift Station rehabilitation, (WL -1, WL -2, WL -3, WL -4, WL -5, WL -6, WL -7). $1,659,090.00 Cost of this request 4480.9480.5314.00 Account Number 02133.0302 Project Number Budgeted Item Ix1 $ I6/00581,0'0 - Category/Project Budget (2005) $ Q4, 365,7 so - Wastewater System Improvements Project/West Line Work Program Category / Project Name Funds Used to Date Program / Project Category Name Wastewater System Improvements $ 88, b-2 5/ 7341.71 - Project Project Fund Remaining Balance Fund Name Budget Adjustment Attached 7-1- cis Department Director Date a" /25 City Attorney Finance and Internal Service Director Date 7-1211- Mayor ate Comments: Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: //a-63 7-15-03 Received in City Clerk's Office ENTERED 7- I-aS 1 Received in Mayor's Office FB1 • ED 0 Ir 1 Clarice Pearman - Contracts W W Page 1 From: Clarice Pearman To: Jurgens, David Date: 7/21/05 10:38AM Subject: Contracts David, This is just confirm that you and I have talked regarding the missing contracts as attachments for the resolutions passed by City Council on Tuesday, July 19. 2005. I understand that you will talk with MWY this afternoon regarding their contract. I also understand that you will be talking to RJN Group regarding their contracts and OMI regarding the Jack Tyler Engineering contract. Thank you for your help and attention to this matter. Clarice Clarice Pearman - Res. 146-05 • Page 1 From: Clarice Pearman To: Jurgens, David Date: 8/4/05 11:30AM Subject: Res. 146-05 David, Attached is a copy of the resolution passed by City Council passed July 19, 2005 regarding RJN Amendment No. 2. Also attached is a copy of the agreement. I will retum to you the extra originals via interoffice mail. Thanks. Clarice CC: Deaton, Vicki